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Florida Statute 316.061 | Lawyer Caselaw & Research
F.S. 316.061 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.061
316.061 Crashes involving damage to vehicle or property.
(1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section, which $5 shall be deposited in the Emergency Medical Services Trust Fund.
(2) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person failing to comply with this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318.
(3) Employees or authorized agents of the Department of Transportation, law enforcement with proper jurisdiction, or an expressway authority created pursuant to chapter 348, in the exercise, management, control, and maintenance of its highway system, may undertake the removal from the main traveled way of roads on its highway system of all vehicles incapacitated as a result of a motor vehicle crash and of debris caused thereby. Such removal is applicable when such a motor vehicle crash results only in damage to a vehicle or other property, and when such removal can be accomplished safely and will result in the improved safety or convenience of travel upon the road. The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in this section shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle.
History.s. 1, ch. 71-135; s. 3, ch. 74-377; s. 2, ch. 75-72; s. 9, ch. 76-31; s. 22, ch. 85-167; s. 3, ch. 85-337; s. 30, ch. 92-78; s. 296, ch. 95-148; s. 6, ch. 96-350; s. 83, ch. 99-248; s. 3, ch. 2002-235.

F.S. 316.061 on Google Scholar

F.S. 316.061 on Casetext

Amendments to 316.061


Arrestable Offenses / Crimes under Fla. Stat. 316.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.061 - HIT AND RUN - LEAVE SCENE OF CRASH INVOLVE DAMAGE TO PROP - M: S
S316.061 1 - HIT AND RUN - LEAVE SCENE OF CRASH INVOLVE DAMAGE TO PROP - M: S


Civil Citations / Citable Offenses under S316.061
R or S next to points is Mandatory Revocation or Suspension

S316.061 (1) CRASH - Leaving scene without giving information more than $50 damage (specify amount) - Points on Drivers License: 6
S316.061 (1) CRASH - Leaving scene without giving information $50 or less (specify amount) - Points on Drivers License: 0
S316.061 (2) CRASH - Fail to remove obstructing ATTENDED vehicle -property damage - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

BRELAND, v. STATE, 271 So. 3d 1028 (Fla. App. Ct. 2019)

. . . Section 316.061(1), Florida Statutes, defines the crime of leaving the scene of an accident, in part, . . . shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. § 316.061 . . . argue that multiple convictions of leaving the scene of a crash involving property damage under section 316.061 . . . We ruled that section 316.061(1) "does not reveal an intent on the part of the Florida Legislature to . . . As we wrote in Hardy , the intended "unit of prosecution" under a statute similar to section 316.061( . . .

L. LINEN, DOC v. STATE, 268 So. 3d 874 (Fla. App. Ct. 2019)

. . . Here, the jury found Linen guilty of violating sections 316.027(2)(a) and 316.061(1), Florida Statutes . . . And section 316.061(1) provides: The driver of any vehicle involved in a crash resulting only in damage . . . But because the plain language of section 316.061(1) allows for a conviction under that section when . . . crash resulted in physical injury to the victim necessarily negates that required element of section 316.061 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . a) LEAVING THE SCENE OF A CRASH INVOLVING ONLY DAMAGE TO AN ATTENDED VEHICLE OR ATTENDED PROPERTY § 316.061 . . . Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement. . . . Stat., which, unlike § 316.061, Fla. . . . Fleeing to Elude LEO 316.1935(1) 28.6 Leaving the Scene of a 316.061 28.4(a) Crash Involving Damage to . . . Stat., which, unlike § 316.061, Fla. . . .

DORTCH, DOC v. STATE, 255 So. 3d 906 (Fla. App. Ct. 2018)

. . . See § 316.061(1), Fla. Stat. (2015). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 244 (Fla. 2018)

. . . )_ LEAVING THE SCENE OF A CRASH INVOLVING ONLY DAMAGE TO AN ATTENDED VEHICLE OR ATTENDED PROPERTY § 316.061 . . . Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement. . . . Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement. . . . Fleeing to Elude LEO 316.1935(1) 28.6 Leaving the Scene of a 316.061 28.4(a) Crash Involving Damage to . . . Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement. . . .

J. J. J. v. STATE, 235 So. 3d 1014 (Fla. Dist. Ct. App. 2017)

. . . See § 316.061(1), Fla. Stat. (2014). . . . .

N. CLARK, v. STATE, 207 So.3d 1019 (Fla. Dist. Ct. App. 2017)

. . . 2013); and (3) leaving the scene of an accident resulting in property damage in violation of section 316.061 . . .

TRAINER, v. STATE, 203 So. 3d 191 (Fla. Dist. Ct. App. 2016)

. . . ), and leaving the scene of a crash involving damage to an attended vehicle in violation of section 316.061 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 192 So. 3d 1190 (Fla. 2016)

. . . . § 316.061, Fla. Stat. . . . Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement. . . . to a Vehicle or Property then Causing. ⅛ jury or Property Damage to Another) § 316.1935(4)(a) and § 316.061 . . . Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 166 So. 3d 161 (Fla. 2015)

. . . Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) § 316.1935(4)(b) and § 316.061 . . . fleeing or eluding, [he] she] caused [serious bodily injury to] [the death of] (name of victim). § 316.061 . . . to a Vehicle or Property then Causing Injury or Property Damage to Another) § 316.1935(4)(a) and § 316.061 . . .

BONNER, v. STATE, 138 So. 3d 1101 (Fla. Dist. Ct. App. 2014)

. . . There is no such crime, although section 316.061, Florida Statutes (2012), prohibits leaving the scene . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . ) LEAVING THE SCENE OF A CRASH INVOLVING ONLY DAMAGE TO AN ATTENDED YEHI-CLE OR ATTENDED PROPERTY § 316.061 . . . Offenses LEAVING THE SCENE OF A CRASH INVOLVING ONLY DAMAGE TO AN ATTENDED VEHICLE OR ATTENDED PROPERTY — 316.061 . . .

SOTTILARO v. FIGUEROA,, 86 So. 3d 505 (Fla. Dist. Ct. App. 2012)

. . . require “witnesses to the accident to stay at the scene or report to investigating officers” (citing §§ 316.061 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 73 So. 3d 136 (Fla. 2011)

. . . I-further instruct you that § 316.061, Fla. Stat. . . . to a Vehicle or Property then Causing Injury or Property Damage to Another) § 316.1935(4)(a) and § 316.061 . . . I further instruct you that § 316.061, Fla. Stat. . . .

COLBERT, III, v. STATE, 49 So. 3d 819 (Fla. Dist. Ct. App. 2010)

. . . Defendant’s conviction for leaving the scene of an accident, Defendant was charged with violating section 316.061 . . . Section 316.061(1) prohibits leaving the scene of a crash causing damage to a vehicle or other property . . . , when such vehicle or property is “driven or attended by any person.” § 316.061(1), Fla. . . . collisions with unattended parked cars to be covered under the attended vehicles provision in section 316.061 . . . As such, the evidence is insufficient to establish the “driven or attended” element of section 316.061 . . .

YEYE, v. STATE, 37 So. 3d 324 (Fla. Dist. Ct. App. 2010)

. . . The intended “unit of prosecution” for subsection 316.061(1) is not the number of cars involved in the . . . In relevant part, section 316.061(1), Florida Statutes (2007), defines the crime of leaving the scene . . .

CUNNIFF, v. STATE, 986 So. 2d 656 (Fla. Dist. Ct. App. 2008)

. . . of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061 . . . He was not leaving the scene of a crash in violation of section 316.027 or section 316.061. . . . Section 316.061(1) states that ”[t]he driver of any vehicle involved in a crash resulting only in damage . . . Potentially, he could have been in violation of section 316.061 after he crashed through the first gate . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 976 So. 2d 1081 (Fla. 2008)

. . . Damage to a Yehicle or Property then Causing Serious Bodily Injury or Death) § 316.1935(4)(b) and § 316.061 . . . I further instruct you that § 316.061, Fla. Stat. . . . to a Vehicle or Property then Causing Injury or Property Damage to Another) § 316.1935(4)(a) and § 316.061 . . . I further instruct you that § 316.061, Fla. . . .

RODRIGUEZ, v. STATE, 964 So. 2d 833 (Fla. Dist. Ct. App. 2007)

. . . See § 316.061, Fla. Stat. (2003). . . .

POLITE, v. STATE, 933 So. 2d 587 (Fla. Dist. Ct. App. 2006)

. . . of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061 . . .

HOBSON, v. STATE, 908 So. 2d 1162 (Fla. Dist. Ct. App. 2005)

. . . of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061 . . . involved in a crash resulting in injury or death to immediately stop at the scene of the crash and section 316.061 . . .

BOURNE, v. STATE, 869 So. 2d 606 (Fla. Dist. Ct. App. 2004)

. . . permissible because leaving the scene of an accident involving property damage only, in violation of section 316.061 . . .

SANTIAGO, v. STATE, 847 So. 2d 1060 (Fla. Dist. Ct. App. 2003)

. . . leaving or attempting to leave the scene of an accident in violation of Florida Statute 316.027 or 316.061 . . . of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061 . . . Section 316.027 is titled “Crash involving death or personal injuries” and section 316.061 is titled . . .

SWILLEY, v. STATE, 845 So. 2d 930 (Fla. Dist. Ct. App. 2003)

. . . See §§ 784.021(l)(a), 784.07(2)(c), 775.0823(10), 784.045, 784.07, 775.0823, 843.01, 316.1935(4), 316.061 . . .

J. J. v. STATE, 842 So. 2d 266 (Fla. Dist. Ct. App. 2003)

. . . Pursuant to section 316.061(1), it is a second-degree misdemeanor to leave the scene of a crash resulting . . . the evidence was insufficient to sustain a delinquency adjudication under either section 316.027 or 316.061 . . .

GUITTERREZ, v. STATE, 837 So. 2d 1095 (Fla. Dist. Ct. App. 2003)

. . . See § 316.061(1), Fla. Stat. . . .

FARRINGTON, v. STATE, 821 So. 2d 470 (Fla. Dist. Ct. App. 2002)

. . . See § 316.061, Fla. Stat. (2000). . . .

M. PETERSON, v. STATE, 775 So. 2d 376 (Fla. Dist. Ct. App. 2000)

. . . Section 316.061(1), Florida Statutes (1997), one of the statutes under which appellant was convicted, . . .

PELHAM, v. STATE, 771 So. 2d 1254 (Fla. Dist. Ct. App. 2000)

. . . Section 316.061, Florida Statutes (1995), makes it a misdemeanor for a driver to leave the scene of an . . .

L. BEIZER, v. JUDGE,, 743 So. 2d 134 (Fla. Dist. Ct. App. 1999)

. . . Section 316.061(1), Florida Statutes (Supp.1992) required that: [tjhe driver of any vehicle involved . . . Weatherspoon had not complied with section 316.061(1) by remaining on the scene until the officer called . . . See § 316.061(1). When the officer said to Mr. Beizer that the accident was a “hit and run,” Mr. . . .

MEYERS, v. STATE, 779 So. 2d 287 (Fla. Dist. Ct. App. 1998)

. . . See § 316.061, Fla. Stat. (1993). We agree. . . .

STATE v. E. DUMAS,, 700 So. 2d 1223 (Fla. 1997)

. . . criminal penalties for leaving the scene of an accident where injury or death is involved. ' Compare § 316.061 . . . This - argument is based on the fact that since the law [F.S. 316.061] requires that one involved in . . .

E. DUMAS, v. STATE, 686 So. 2d 625 (Fla. Dist. Ct. App. 1996)

. . . This argument is based on the fact that since the law [F.S. 316.061] requires that one involved in an . . .

S. G. K. a v. STATE, 657 So. 2d 1246 (Fla. Dist. Ct. App. 1995)

. . . Under sections 316.066(3)(a) and 316.061, Florida Statutes (1993), the trooper is obligated to file an . . . statute requires witnesses to the accident to stay at the scene or report to investigating officers. §§ 316.061 . . .

MANCUSO, v. STATE, 636 So. 2d 753 (Fla. Dist. Ct. App. 1994)

. . . The standard jury instruction for a companion statute, section 316.061, does not contain any reference . . . Section 316.061, Florida Statutes (1991), provides, in part: (1) The driver of any vehicle involved in . . .

STATE v. MEHL,, 602 So. 2d 1383 (Fla. Dist. Ct. App. 1992)

. . . . § 316.061(1), Fla.Stat. (1989). . . . .

STATE OF FLORIDA v. KRAMER, 47 Fla. Supp. 2d 58 (Fla. Cir. Ct. 1991)

. . . Defendant with leaving the scene of an accident, property damage only, in violation of Florida Statute 316.061 . . .

STATE OF FLORIDA v. COLE, 36 Fla. Supp. 2d 42 (Fla. Cir. Ct. 1989)

. . . Traffic citations with (a) “leaving the scene of an accident-property damage” in violation of Section 316.061 . . . was guilty (at least as an aider and abettor) of leaving the scene of an accident in violation of § 316.061 . . . F.S. 316.061 provides in pertinent part “the driver of any vehicle involved in an accident resulting . . . S. 316.061. . . .

STATE OF FLORIDA v. WATERS, 24 Fla. Supp. 2d 49 (Broward Cty. Ct. 1987)

. . . ; Section 316.061, treating with leaving the scene of an accident involving property damage; Section . . .

STATE OF FLORIDA v. SCHELL, 11 Fla. Supp. 2d 68 (Lee Cty. Ct. 1985)

. . . in addition to, the civil penalty imposed. (4) Any person convicted of a violation of s. 316.027, s. 316.061 . . .

WHIRLEY, v. STATE, 450 So. 2d 836 (Fla. 1984)

. . . an infraction, as defined in § 318.13(3). (4) Any person convicted of a violation of s. 316.027, s. 316.061 . . .

MILLER, v. STATE, 442 So. 2d 419 (Fla. Dist. Ct. App. 1983)

. . . an infraction, as defined in s. 318.13(3). (4) Any person convicted of a violation of s. 316.027, s. 316.061 . . .

STATE OF FLORIDA v. RAHN, 5 Fla. Supp. 2d 11 (Lee Cty. Ct. 1983)

. . . jurisdiction of a court to which these rules apply, including Chapter 322, Florida Statutes, Sections 316.017, 316.061 . . . Subsection (4) reads: “Any person convicted of a violation of Section 316.027, Section 316.061, Section . . .

STATE v. A. N. F. a, 413 So. 2d 146 (Fla. Dist. Ct. App. 1982)

. . . officers, and leaving the scene of an auto accident involving property damage in violation of section 316.061 . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 410 So. 2d 1337 (Fla. 1982)

. . . jurisdiction of a court to which these rules apply, including Chapter 322, Florida Statutes, sections 316.027, 316.061 . . .

R. THOMPSON, Jr. v. OFFICE OF PUBLIC DEFENDER OF NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY,, 387 So. 2d 541 (Fla. Dist. Ct. App. 1980)

. . . an infraction, as defined in § 318.13(3). (4) Any person convicted of a violation of s. 316.027, s. 316.061 . . .

In TRAFFIC COURT RULES, 366 So. 2d 400 (Fla. 1978)

. . . jurisdiction of a court to which these rules apply, including Chapter 322, Florida Statutes, sections 316.027, 316.061 . . .

STATE v. K. McDONALD,, 357 So. 2d 405 (Fla. 1978)

. . . certain infractions; establishing notification duties of the department; amending section 316.026, 316.061 . . .

STATE v. LEE, STATE v. G. JULIO,, 356 So. 2d 276 (Fla. 1978)

. . . Section 316.061, Florida Statutes,— “The driver of any vehicle involved in an accident resulting only . . . Statutes: §§ 316.029, 316.030, 316.040, 316.053, 316.-054, 316.055, 316.056, 316.0565, 316.057(9), 316.061 . . . decriminalized by the provisions of Chapter 318, Florida Statutes, except for the following: 316.029, 316.061 . . .

SALOME v. STATE, 44 Fla. Supp. 166 (Dade Cty. Cir. Ct. 1976)

. . . . §316.061. . . .

DIGGS, v. STATE, 334 So. 2d 333 (Fla. Dist. Ct. App. 1976)

. . . At trial the state recognized that the statute number set forth in the information, to wit, § 316.061 . . .

In TRANSITION RULE, 306 So. 2d 489 (Fla. 1974)

. . . .-028, 316.029, 316.061, 316.067, 860.01 of Florida Statutes, Chapter 893 of Florida Statutes. . . .