Florida/Georgia Personal Injury & Workers Compensation

...In addition, Nathan Hall, the owner of the parked car, testified that Combs admitted to backing into his truck. Combs objected to the admission of these statements on the grounds that they were made to fulfill his statutory duty to make an accident report under sections 316.063 and 316.066, Florida Statutes (1981), and were therefore privileged under section 316.066(4)....

...Hall that he was the driver of the vehicle involved in the accident. Under these facts the admissions, therefore, are not privileged under Florida Statute 316.066. Furthermore, it was not the intent of the Legislature to extend the Accident Report Privilege to Florida Statute 316.063....

...We reverse appellant's conviction for Count XI, leaving the scene of an accident, because the state failed to establish the statutory elements of the offense. Appellant claimed in his motion for judgment of acquittal that the state had not presented evidence of damage to property or to another vehicle. Section 316.063(1), Florida *959 Statutes (2005), entitled "[d]uty upon damaging unattended vehicle or other property," provides: The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is un...

...l investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this chapter in connection with the accident. The offense which Sheffield allegedly committed is defined in Section 316.063, which requires one who collides with and damages an unattended vehicle to immediately stop and locate and notify the owner or attach a note to the vehicle....

...2d 212] and amended in 2008 [973 So. 2d 432], and 2015 [166 So. 3d 131], and 2016. - 24 - 28.4(b) LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063(1), Fla....

...devices used exclusively upon stationary rails or tracks. - 25 -  Lesser Included Offense LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY— 316.063(1) CATEGORY ONE CATEGORY TWO FLA....

...knew, or should have known, of either the crash or the property damage to violate this statute. Compare State v. Dorsett, 158 So. 3d 557 (Fla. 2015) and Mancuso v. State, 652 So. 2d 370 (Fla. 1995) dealing with § 316.027, Fla. Stat., which, unlike § 316.063, Fla....

...e difficult or impossible. See Vrchota, Corp. v. Kelly, 42 So.3d 319, 322 (Fla. 4th DCA 2010) (“The legislature is not presumed to enact statutes that provide for absurd results.”). Further evidence of legislative intent comes from the fact that section 316.063(1), Florida Statutes (2006), addresses crashes with “unattended” vehicles....

...We affirm the findings of guilt for aggravated fleeing and grand theft auto without further comment, reverse the finding of guilt for leaving the scene of an accident involving damage to unattended property, and remand for correction of the order revoking probation. C.T.T. was charged with violating section 316.063(1), Florida Statutes, which imposes duties on drivers who collide with, and damage, unattended vehicles or property; the unattended property C.T.T....

...While the evidence is sufficient to show that C.T.T. collided with the tree and fled, the State concedes that no evidence was admitted indicating any damage to the tree. See Powell v. State, 28 So. 3d 958, 959 (Fla. 1st DCA 2010) (reversing finding of guilt for violating section 316.063(1) where there “was no testimony about any damage to whatever object the vehicle hit”)....

...Stat., contains an explicit willfulness requirement. This instruction was adopted in 2013 [131 So. 3d 720] and amended in 2018 [236 So. 3d 244], and 2019. 28.4(b) LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063(1), Fla....

...personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks]. Lesser Included Offense LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY— 316.063(1) CATEGORY ONE CATEGORY TWO FLA....

...have known, of either the crash or the property damage. Compare State v. Dorsett, - 36 - 158 So. 3d 557 (Fla. 2015), and Mancuso v. State, 652 So. 2d 370 (Fla. 1995), dealing with § 316.027, Fla. Stat., which, unlike § 316.063, Fla....

...Stat., contains an explicit willfulness requirement. This instruction was adopted in 2013 [131 So. 3d 720] and amended in 2018. 28.4(b) LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063(1), Fla....

..., excepting devices used exclusively upon stationary rails or tracks. Lesser Included Offense LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY— 316.063(1) CATEGORY ONE CATEGORY TWO FLA....

...st prove the defendant knew, or should have known, of either the crash or the property damage. Compare State v. Dorsett, 158 So. 3d 557 (Fla. 2015), and Mancuso v. State, 652 So. 2d 370 (Fla. 1995), dealing with § 316.027, Fla. Stat., which, unlike § 316.063, Fla....

...based on new law offense because affidavit alleged damage but not injury but evidence at hearing suggested personal injury but failed to establish damage to vehicle or property); Powell v. State, 28 So. 3d 958, 958-59 (Fla. 1st DCA 2010) (reversing conviction under section 316.063(1), Florida Statutes (2005), because there was no competent, substantial evidence of damage to property or to another vehicle). Accordingly, we affirm the judgment and sentences as to counts one, two, and four but reverse as to cou...