Florida Statute 316.064 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.064

316.064 When driver unable to report.—

(1) A crash report is not required under this chapter from any person who is physically incapable of making a report during the period of such incapacity.

(2) Whenever the driver of a vehicle is physically incapable of making an immediate or a written report of a crash, as required in ss. 316.065 and 316.066, and there was another occupant in the vehicle at the time of the crash capable of making a report, such occupant shall make or cause to be made the report not made by the driver.

(3) Whenever the driver is physically incapable of making a written report of a crash as required in this chapter, then the owner of the vehicle involved in the crash shall, within 10 days after the crash, make such report not made by the driver.

(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 15, ch. 94-306; s. 86, ch. 99-248.

F.S. 316.064 on Google Scholar

F.S. 316.064 on Casetext

Amendments to 316.064

Arrestable Offenses / Crimes under Fla. Stat. 316.064

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.064.

Civil Citations / Citable Offenses under S316.064

R or S next to points is Mandatory Revocation or Suspension

S316.064 CRASH - Occupant/Owner Failure to make report if driver incapable - Points on Drivers License: 0

S316.064 (2) CRASH - Failure of vehicle OCCUPANT to make report if driver incapable - Points on Drivers License: 0

S316.064 (3) CRASH - Failure of vehicle OWNER to make report if driver incapable - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.064

Total Results: 4

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

Court: Fla. | Date Filed: 2017-02-23T00:00:00-08:00

Citation: 211 So. 3d 995

Snippet: position or a scooter or similar device. § 316.64.0, Fla. Stat. A “traffic crash investigation

Sottilaro v. Figueroa

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-08T00:00:00-08:00

Citation: 86 So. 3d 505

Snippet: request when a crash results in injury or death); § 316.064(2) (requiring the occupant of a vehicle to make…is physically incapable of making a report); § 316.064(3) (requiring the owner of a vehicle to make a

McTevia v. Schrag

Court: Fla. Dist. Ct. App. | Date Filed: 1984-03-21T00:00:00-08:00

Citation: 446 So. 2d 1183

Snippet: Section 316.066. From those cases and Sections 316.064, 316.065, and 316.066 of the statutes we learn

Gregory v. Woodbery

Court: Fla. | Date Filed: 1907-01-15T00:00:00-08:00

Citation: 53 Fla. 566

Snippet: Broome, 67 Mo. App. 32; Harris v. Smith, 132 Cal. 316, 64 Pac. Rep. 409; Winstead v. Hulme, 32 Kan. 568,