The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 324
FINANCIAL RESPONSIBILITY

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F.S. 324.051

324.051 Reports of crashes; suspensions of licenses and registrations.—

(1)(a) Every law enforcement officer who, in the regular course of duty either at the time of and at the scene of the crash or thereafter by interviewing participants or witnesses, investigates a motor vehicle crash which he or she is required to report pursuant to s. 316.066(1) shall forward a written report of the crash to the department within 10 days of completing the investigation. However, when the investigation of a crash will take more than 10 days to complete, a preliminary copy of the crash report shall be forwarded to the department within 10 days after the occurrence of the crash, to be followed by a final report within 10 days after completion of the investigation. The report shall be on a form and contain information consistent with the requirements of s. 316.068.

(b) The department is hereby further authorized to require reports of crashes from individual owners or operators whenever it deems it necessary for the proper administration of this chapter, and these reports shall be made without prejudice except as specified in this subsection. No such report shall be used as evidence in any trial arising out of a crash. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the accident if that person’s privilege against self-incrimination is not violated.

(2)(a) Thirty days after receipt of notice of any accident described in paragraph (1)(a) involving a motor vehicle within this state, the department shall suspend, after due notice and opportunity to be heard, the license of each operator and all registrations of the owner of the vehicles operated by such operator whether or not involved in such crash and, in the case of a nonresident owner or operator, shall suspend such nonresident’s operating privilege in this state, unless such operator or owner shall, prior to the expiration of such 30 days, be found by the department to be exempt from the operation of this chapter, based upon evidence satisfactory to the department that:

1. The motor vehicle was legally parked at the time of such crash.

2. The motor vehicle was owned by the United States Government, this state, or any political subdivision of this state or any municipality therein.

3. Such operator or owner has secured a duly acknowledged written agreement providing for release from liability by all parties injured as the result of said crash and has complied with one of the provisions of s. 324.031.

4. Such operator or owner has deposited with the department security to conform with s. 324.061 when applicable and has complied with one of the provisions of s. 324.031.

5. One year has elapsed since such owner or operator was suspended pursuant to subsection (3), the owner or operator has complied with one of the provisions of s. 324.031, and no bill of complaint of which the department has notice has been filed in a court of competent jurisdiction.

(b) This subsection shall not apply:

1. To such operator or owner if such operator or owner had in effect at the time of such crash or traffic conviction an automobile liability policy with respect to all of the registered motor vehicles owned by such operator or owner.

2. To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such crash or traffic conviction an automobile liability policy or bond with respect to his or her operation of motor vehicles not owned by him or her.

3. To such operator or owner if the liability of such operator or owner for damages resulting from such crash is, in the judgment of the department, covered by any other form of liability insurance or bond.

4. To any person who has obtained from the department a certificate of self-insurance, in accordance with s. 324.171, or to any person operating a motor vehicle for such self-insurer.

No such policy or bond shall be effective under this subsection unless it contains limits of not less than those specified in s. 324.021(7).

(3) Any driver license or registration certificate or certificates and registration plates which are suspended as provided for in this section shall remain suspended for a period of 3 years unless reinstated as otherwise provided in this chapter.

History.—s. 1, ch. 29963, 1955; s. 2, ch. 57-147; ss. 1, 2, ch. 65-122; s. 6, ch. 65-190; ss. 13, 24, 35, ch. 69-106; s. 2, ch. 71-59; s. 2, ch. 76-266; s. 2, ch. 77-118; s. 1, ch. 77-174; s. 7, ch. 77-468; s. 1, ch. 78-83; s. 20, ch. 78-95; s. 2, ch. 83-22; s. 10, ch. 85-81; s. 3, ch. 89-271; s. 54, ch. 89-282; s. 28, ch. 90-119; s. 15, ch. 91-255; s. 90, ch. 94-306; s. 946, ch. 95-148; s. 303, ch. 99-248; s. 2, ch. 2006-260; s. 7, ch. 2010-163.

Note.—Former s. 324.04.

F.S. 324.051 on Google Scholar

F.S. 324.051 on Casetext

Amendments to 324.051

Arrestable Offenses / Crimes under Fla. Stat. 324.051

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 324.051.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CLASSY CYCLES, INC. v. BAY COUNTY, a a, 201 So. 3d 779 (Fla. Dist. Ct. App. 2016)

. . . . §§ 324.021(7) and (8), 324.031, and 324.051(2), Fla. . . . . §§ 324.021(7) and 324.051(2), Fla, Stat. . . .

VARGAS, v. ENTERPRISE LEASING COMPANY,, 60 So. 3d 1037 (Fla. 2011)

. . . Sections 324.021(7), 324.051, and 324.071, Florida Statutes (2007), implement Florida’s financial responsibility . . .

ROSADO, v. DAIMLERCHRYSLER FINANCIAL SERVICES TRUST, a k a DCFS PCL C. A., 1 So. 3d 1200 (Fla. Dist. Ct. App. 2009)

. . . See § 324.051, Fla. Stat. (2008). . . .

VARGAS, v. ENTERPRISE LEASING COMPANY, a, 993 So. 2d 614 (Fla. Dist. Ct. App. 2008)

. . . Sections 324.021(7), 324.051, and 324.071, Florida Statutes (2007), implement Florida’s financial responsibility . . .

D. GARCIA, v. VANGUARD CAR RENTAL USA, INC. a a US a f k a L. P. a a, 510 F. Supp. 2d 821 (M.D. Fla. 2007)

. . . . § 324.051, for example, that achieves this object by authorizing the State to suspend the license and . . .

ALLSTATE INDEMNITY COMPANY, v. WISE a k a Jr., 818 So. 2d 524 (Fla. Dist. Ct. App. 2001)

. . . involved in a crash or convicted of certain traffic offenses meeting the operative provisions of s. 324.051 . . .

UNITED SERVICES AUTOMOBILE ASSOCIATION, v. G. PHILLIPS,, 740 So. 2d 1205 (Fla. Dist. Ct. App. 1999)

. . . Rather, they are “exempt from the operation” of the chapter by virtue of section 324.051(2)(a)2., Florida . . . has complied with the requirements of ss. 627.730-627.7405, inclusive, unless the provisions of s. 324.051 . . .

LITE, v. STATE, 617 So. 2d 1058 (Fla. 1993)

. . . See, e.g„ §§ 324.051 and 324.121, Fla.Stat. (1989) (failure of automobile owner to have liability insurance . . .

GRANT, v. NEW HAMPSHIRE INSURANCE CO., 613 So. 2d 466 (Fla. 1993)

. . . involved in an accident or convicted of certain traffic offenses meeting the operative provisions of s.324.051 . . .

FOLMAR, Jr. III v. YOUNG, a a, 591 So. 2d 220 (Fla. Dist. Ct. App. 1991)

. . . phrase relates only to the issue of whether the lessor is subject to the sanctions set forth in section 324.051 . . . financial responsibility chapter, we do not believe that the specific penalties provided for in section 324.051 . . . Section 324.051 clearly concerns sanctions against individuals in automobile accidents who do not have . . . (9)(b) to require $100,000/$300,000 coverage if its only purpose was to exempt lessors from section 324.051 . . .

FOLMAR, Jr. III v. YOUNG, a a, 560 So. 2d 798 (Fla. Dist. Ct. App. 1990)

. . . phrase relates only to the issue of whether the lessor is subject to the sanctions set forth in section 324.051 . . . financial responsibility chapter, we do not believe that the specific penalties provided for in section 324.051 . . . (9)(b) to require $100,000/$300,000 coverage if its only purpose was to exempt lessors from section 324.051 . . .

v. v., 4 Fla. Supp. 2d 53 (Fla. Cir. Ct. 1982)

. . . deliberately bolster his case by improperly injecting elements of the police report before the jury, F.S.A. 324.051 . . . (b); 316.066; 324.051(b), in light of the fact that the police officer investigating the accident did . . .

JOHNS, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY,, 337 So. 2d 830 (Fla. Dist. Ct. App. 1976)

. . . Section 324.051 F.S.1967, exempted governmental agencies from the financial responsibility provisions . . . Chief of the Financial Responsibility Bureau of the Department of Insurance to the effect that since § 324.051 . . .

McKINNEY, v. D. O MALLEY, L. Sr., 379 F. Supp. 135 (M.D. Fla. 1974)

. . . District Judge Plaintiff, Samuel McKinney, brought this action attacking the constitutionality of Section 324.051 . . . Section 324.051(2) provides, inter alia, for suspension of the license of an uninsured driver involved . . . Section 324.051(2), Florida Statutes, provides : (2) (a) Thirty days after receipt of notice of any accident . . . One year has elapsed since such owner or operator was suspended pursuant to section 324.051(4), the owner . . . 324.061, Florida Statutes, i>rovides as follows: (1) Security deposited pursuant to the provisions of § 324.051 . . .

SALKAY a v. WILLIAMS,, 445 F.2d 599 (5th Cir. 1971)

. . . . § 324.051. . . . the applicant is exempt from the provisions of Chapter 324, Florida Statutes as provided in Section 324.051 . . .

YOUNG v. WILLIAMS,, 249 So. 2d 684 (Fla. 1971)

. . . . § 324.051(2) (a), F.S.A.) Our decision in Williams v. . . .

PHOENIX INSURANCE COMPANY, v. McQUEEN, a, 240 So. 2d 79 (Fla. Dist. Ct. App. 1970)

. . . . § 324.051, F.S.A.; Williams v. Newton (Fla.1970), 236 So.2d 98. . F.S. § 324.031, F.S.A. . . . .

McCONNELL, v. UNITED STATES, 428 F.2d 803 (5th Cir. 1970)

. . . While §§ 317.171 and 324.051, Florida Statutes Annotated, as construed by the Florida Supreme Court, . . .

WILLIAMS, v. NEWTON,, 236 So. 2d 98 (Fla. 1970)

. . . The trial court in declaring Florida Statutes § 324.051, F.S.A. unconstitutional, held: “* * * [Wjithout . . . precise regard to the language in Section 324.011, the provisions of Section 324.051 are unconstitutional . . . Section 324.051 puts the non-negligent, non-liable, ‘uninsured’ motorist or owner into the same category . . . The lower court found that the provisions of Florida Statute § 324.051(2) (a), F.S.A. are inconsistent . . . Section 324.051(2) (a) provides in pertinent part as follows: “Thirty days after receipt of notice of . . . The effect of Section 324.051 is to classify persons subject to the act in a manner which bears no reasonable . . . Even now, under Section 324.051(2) (a), the Commissioner must make a “quasi-judicial” determination that . . . was caused to the person or property of anyone other than” the operator or owner; and, under Section 324.051 . . .

NEWTON v. WILLIAMS,, 32 Fla. Supp. 10 (Orange Cty. Cir. Ct. 1969)

. . . to the complaint, paragraph 16, that she does not fall within any of the exemptions enumerated in §324.051 . . . provide financial responsibility.after an accident for which he is responsible, the Act requires, in §324.051 . . . Nevertheless, the commissioner is empowered under §324.051 (2) (a) “based upon evidence in his files . . . A second example of an “unconstitutional judicial determination” by the commissioner is found in §324.051 . . . this matter one step further, without precise regard to the language in §324.011, the provisions of §324.051 . . .

BANKERS AND SHIPPERS INSURANCE COMPANY OF NEW YORK, v. PHOENIX ASSURANCE COMPANY OF NEW YORK, 210 So. 2d 715 (Fla. 1968)

. . . Sec. 324.091, and Sec. 324.051(2) (b), Fla.Stat., F.S.A. . . . may be sufficient to avoid the sanctions of the Act following a first accident, as provided by Sec. 324.051 . . .

WILLIAMS, D. v. J. FERRENTINO, 199 So. 2d 504 (Fla. Dist. Ct. App. 1967)

. . . Section 324.051, F.S.A., relating to another state of facts entirely. . . . Sec. 324.051, F.S.A. . . . Sec. 324.051, F. S.A., could only be reviewed by F.S. Sec. 624.0128(1), F.S.A. . . .

PHOENIX INSURANCE COMPANY, a v. W. BOWEN,, 178 So. 2d 751 (Fla. Dist. Ct. App. 1965)

. . . releasing Gonzalez so that Gonzalez could get his driver’s license back in compliance with Section 324.051 . . .

LYNCH- DAVIDSON MOTORS, a v. GRIFFIN, a, 171 So. 2d 911 (Fla. Dist. Ct. App. 1965)

. . . . §§ 324.051(2); 324.131; 324.031, F.S.A. . F.S. §§ 324.021(7); 324.021(8); 324.-151(1), F.S.A. . . . . . § 324.051(2), F.S.A. .Landis v. . . .

W. HOWARD, v. AMERICAN SERVICE MUTUAL INSURANCE COMPANY,, 151 So. 2d 682 (Fla. Dist. Ct. App. 1963)

. . . Basically, § 324.051(2), Fla.Stat, F.S.A., provides for the suspension of operators’ licenses and all . . . These questions would cause us much difficulty if it were not for the fact that § 324.051, Fla.Stat., . . .

HARRISON, v. J. LARSON,, 133 So. 2d 446 (Fla. Dist. Ct. App. 1961)

. . . . § 324.051, F.S.A. . F.S. § 324.101, F.S.A. . . . .

J. LARSON, v. G. W. WARREN, J. LARSON, v. G. WILLIAMS,, 132 So. 2d 177 (Fla. 1961)

. . . See §§ 324.021, 324.031, 324.042, 324.051 and 324.061, Florida Statutes, F.S.A. . . . See § 324.051, Florida Statutes, F.S.A., containing numerous exemptions or exceptions. . . . the manner in which one’s license and registration may be reinstated when suspended either under § 324.051 . . . Their suspension was in fact a punishment for not complying with §§ 324.021, 324.031, 324.051 and perhaps . . .