Leaving scene crash involving attended vehicle/property
Florida Statute § 316.061
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
After a crash causing only damage to an attended vehicle or other attended property, the driver must immediately stop at or near the scene, return if necessary, and remain until completing the information and aid duties in §316.062. Establish that the property was attended and identify the unperformed duty. Unattended property is addressed in §316.063; injury or death invokes §316.027. Moving a damaged vehicle to avoid unnecessarily obstructing traffic is not itself leaving the scene.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Crash / Hit and Run
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor
- Degree
- 2nd Degree
- Points
- 6 when leaving the scene of a crash with property damage over $50; see §322.27
- Fine / Penalty
- Court determined; statutory mandatory minimums/surcharges may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- Potentially — Rule 3.125; subject to exceptions and traffic-specific procedure
- Custodial Arrest
- Yes — NTA may be an alternative when legally/procedurally authorized
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
Determine whether the crash involved attended property only, unattended property, injury, serious bodily injury, or death. The driver’s stop/remain, identification, aid, and reporting duties differ by track. For unattended property, notifying the owner or leaving a proper note must be followed by police notification. For attended property/injury, remaining and completing §316.062 duties are central. Document awareness, actual damage/injury, and the specific omitted duty; moving a vehicle to clear traffic is not automatically leaving the scene. Check statutory automated-vehicle and motorsports exceptions where applicable.
Review required facts and applicable instructions →