The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.063

316.063 Duty upon damaging unattended vehicle or other property.—

(1) The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver’s name and address and the registration number of the vehicle he or she is driving, or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver’s name and address and the registration number of the vehicle he or she is driving, and shall without unnecessary delay notify the nearest office of a duly authorized police authority. Any person who fails to comply with this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic, the driver shall make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

(3) The law enforcement officer at the scene of a crash required to be reported in accordance with the provisions of subsection (1) or the law enforcement officer receiving a report by a driver as required by subsection (1) shall, if part or any of the property damaged is a fence or other structure used to house or contain livestock, promptly make a reasonable effort to notify the owner, occupant, or agent of this damage.

(4) This section does not apply to a fully autonomous vehicle operating with the automated driving system engaged in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the fully autonomous vehicle has the capability of alerting a law enforcement agency to the crash.

History.—s. 1, ch. 71-135; s. 3, ch. 75-72; s. 10, ch. 76-31; s. 1, ch. 77-265; s. 298, ch. 95-148; s. 7, ch. 96-350; s. 43, ch. 97-300; ss. 1, 85, ch. 99-248; s. 3, ch. 2019-101.

F.S. 316.063 on Google Scholar

F.S. 316.063 on Casetext

Amendments to 316.063

Arrestable Offenses / Crimes under Fla. Stat. 316.063

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

S316.063 - HIT AND RUN - REMOVED - M: S

S316.063 1 - HIT AND RUN - ACCIDENT UNATTENDED VEH OR PROP WO LEAVING ID - M: S

Civil Citations / Citable Offenses under S316.063

R or S next to points is Mandatory Revocation or Suspension

S316.063 (1) CRASH - Fail to leave information UNATTENDED vehicle - property damage - Points on Drivers License: 6

S316.063 (2) CRASH - Fail to remove obstructing UNATTENDED vehicle - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . (b) LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063 . . . Offense LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY- 316.063 . . . Stat., which, unlike § 316.063, Fla. Stat., contains an explicit willfulness requirement. . . .

C. T. T. a v. STATE, 249 So. 3d 1320 (Fla. App. Ct. 2018)

. . . C.T.T. was charged with violating section 316.063(1), Florida Statutes, which imposes duties on drivers . . . State , 28 So.3d 958, 959 (Fla. 1st DCA 2010) (reversing finding of guilt for violating section 316.063 . . .

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

. . . State, 28 So.3d 958, 958-59 (Fla. 1st DCA 2010) (reversing conviction under section 316.063(1), Florida . . .

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

. . . (b) LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063 . . . Offense LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY - 316.063 . . . Stat., which, unlike § 316.063, Fla. Stat., contains an explicit willfulness requirement. . . .

LUCAS, v. STATE, 192 So. 3d 1269 (Fla. Dist. Ct. App. 2016)

. . . See §§ 316.063(1), 316.1935(1), 810.02(1)(b)(4), Fla. Stat. (2013). . . .

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

. . . (b) LEAVING THE SCENE OF A CRASH INVOLVING DAMAGE TO AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063 . . . Stat., which, unlike § 316.063, Fla. Stat,, contains an explicit willfulness requirement. . . .

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

. . . Further evidence of legislative intent comes from the fact that section 316.063(1), Florida Statutes . . .

POWELL, Jr. v. STATE, 28 So. 3d 958 (Fla. Dist. Ct. App. 2010)

. . . Section 316.063(1), Florida Statutes (2005), entitled “[d]uty upon damaging unattended vehicle or other . . .

SCHWARTZ v. STATE OF FLORIDA, 45 Fla. Supp. 2d 27 (Fla. Cir. Ct. 1990)

. . . Under the Influence and with Leaving the Scene of an Accident, pursuant to F.S. 316.193(1) and F.S. 316.063 . . .

J. COMBS, v. STATE, 436 So. 2d 93 (Fla. 1983)

. . . grounds that they were made to fulfill his statutory duty to make an accident report under sections 316.063 . . . it was not the intent of the Legislature to extend the Accident Report Privilege to Florida Statute 316.063 . . .

MYERS, v. STATE, 426 So. 2d 986 (Fla. Dist. Ct. App. 1983)

. . . The offense which Sheffield allegedly committed is defined in Section 316.063, which requires one who . . .