Arrestable Offenses / Crimes under Fla. Stat. 316.061
S316.061 - HIT AND RUN - RENUMBERED. SEE REC # 5994 - M: S
CopyCited 57 times | Published | Supreme Court of Florida | 2008 WL 596805
...----------------------------------------- Comment This instruction was adopted in 2008. 28.83 AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) §
316.1935(4)(b) and §
316.061, Fla....
...der to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer]. 7. As a result of (defendant) fleeing or eluding, [he] [she] caused [serious bodily injury to] [the death of] (name of victim). I further instruct you that § 316.061, Fla....
...*1094 Lesser Included Offenses --------------------------------------------------------------------------------- AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death)
316.1935(4)(b) and
316.061 --------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA.STAT....
...------------------------------------------------------------ Fleeing to Elude LEO
316.1935(1) 28.6 --------------------------------------------------------------------------------- Leaving the Scene of a Crash Involving Damage to Vehicle or Property
316.061 N/A --------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(3)(b) 28.81 --------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(3)...
...---------------------------------- Comments This instruction was adopted in 2008. 28.85 AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another) §
316.1935(4)(a) and §
316.061, Fla....
...order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer]. 7. As a result of (defendant) fleeing or eluding, [he] [she] caused [injury to] [damage to the property of] (name of victim). I further instruct you that § 316.061, Fla....
...Lesser Included Offenses -------------------------------------------------------------------------------- AGGRAVATED FLEEING OR ELUDING (Leaving A Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another)
316.1935(4)(a) and
316.061 -------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA.STAT....
...-------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(1) 28.6 -------------------------------------------------------------------------------- Leaving the Scene of a Crash Involving Damage to Vehicle or Property
316.061 N/A -------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(3)(b) 28.81 -------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(3)(a...
CopyCited 43 times | Published | Supreme Court of Florida
...r's efforts to drive his automobile safely. For example: Section 316.056, Florida Statutes, "It is unlawful to tear down or deface any detour sign...." (Prohibition here is not unsafe driving, but actions of a pedestrian defacing state property.) Section 316.061, Florida Statutes, "The driver of any vehicle involved in an accident 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 accident ......
...ENGLAND and HATCHETT, JJ., concur. NOTES [1] For the purposes of Section 42, the term "moving traffic violations" means an infraction of the following Florida Statutes: §§ 316.029, 316.030, 316.040, 316.053, 316.054, 316.055, 316.056, 316.0565, 316.057(9),
316.061,
316.081,
316.082,
316.083,
316.084,
316.085, 316.086,
316.087,
316.088,
316.089,
316.090,
316.091, 316.092, 316.094, 316.095, 316.096, 316.098, 316.100(1), 316.102, 316.104(2) or (4), 316.107, 316.108, 316.109, 316.110, 316.1105, 316.113, 31...
...7, 316.198, 316.205, 316.206,
316.217, 316.236,
316.238, 316.2431, or 339.30(1)(a), (b), (c), (d), (g), or (h). All of the above sections have been decriminalized by the provisions of Chapter 318, Florida Statutes, except for the following: 316.029,
316.061, 316.028....
CopyCited 39 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064
...This instruction was adopted in 2008 [SC07-1851, January 10, 2008
976 So.2d 1081] and amended in 2011. 28.83 AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) §
316.1935(4)(b) and §
316.061, Fla....
...der to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer]. 7. As a result of (defendant) fleeing or eluding, [he] [she] caused [serious bodily injury to] [the death of] (name of victim). I further instruct you that § 316.061, Fla....
...Lesser Included Offenses ---------------------------------------------------------------------------------------------- AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death)316.1935(4)(b) and 316.061 ---------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA.STAT....
...--------------------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(1) 28.6 ---------------------------------------------------------------------------------------------- Leaving the Scene of a
316.061 N/A Crash Involving Damage to Vehicle or Property ---------------------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(3)(b) 28.81 -------------------------------------------------------...
...This instruction was adopted in 2008 [SC07-1851, January 10, 2008
976 So.2d 1081] and amended in 2011. *146 28.85 AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another) §
316.1935(4)(a) and §
316.061, Fla....
...order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer]. 7. As a result of (defendant) fleeing or eluding, [he] [she] caused [injury to] [damage to the property of] (name of victim). I further instruct you that § 316.061, Fla....
...Lesser Included Offenses ------------------------------------------------------------------------------------------- AGGRAVATED FLEEING OR ELUDING (Leaving A Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another)316.1935(4)(a) and 316.061 ------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA.STAT....
...NO. ------------------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(1) 28.6 ------------------------------------------------------------------------------------------- Leaving the Scene of a
316.061 N/A Crash Involving Damage to Vehicle or Property *147 ------------------------------------------------------------------------------------------- Fleeing to Elude LEO
316.1935(3)(b) 28.81 -----------------------------------------------------...
CopyCited 20 times | Published | Supreme Court of Florida | 1997 WL 656168
...There is a vast gulf between the sanctions imposed for leaving the scene of an accident where only property damage is involved, and where knowledge need not be proven, and the criminal penalties for leaving the scene of an accident where injury or death is involved. Compare § 316.061(1), Fla....
...The State apparently prevailed on an argument similar to the one it makes here: that it was only necessary that the jury find Mancuso knew he was involved in an accident and failed to remain at the scene. This argument is based on the fact that since the law [F.S. 316.061] requires that one involved in an accident resulting only in property damage must remain at the scene for the purpose of reporting, the fact that death or injury results is only incidental....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713537
...Rodriguez had left the scene of a motor vehicle accident. Even if this had been true, and even if the supposed accident had caused damage to a vehicle or property, Mr. Rodriguez's illegal flight from the scene would have been punishable only as a misdemeanor. See § 316.061, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 817178
...Beizer called the Delray Police to request that an officer investigate the occurrence. When the officer arrived, Mr. Weatherspoon was already gone, thus giving rise to the suspicion that a hit and run accident (within the statutory meaning) had occurred. Section 316.061(1), Florida Statutes (Supp.1992) required that: [t]he driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle...
...(Emphasis added). When Officer Judge arrived at the scene, knowing that he had been called by the participants in the accident, and that one party was no longer present, he could have reasonably believed that Mr. Weatherspoon had not complied with section
316.061(1) by remaining on the scene until the officer called to investigate the accident obtained the information required under section
316.062, the violation of which is a crime. See §
316.061(1)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21338914
...Santiago's argument is well taken. In count seven, the superseding indictment cited section
316.1935(4) and charged that Santiago was in the course of unlawfully leaving or attempting to leave the scene of an accident in violation of Florida Statute
316.027 or
316.061, and had knowledge of an order to stop by a duly authorized law enforcement officer [and] did willfully refuse or fail to stop in compliance with such order, and as a result of such fleeing or eluding did cause injury to another person or damage to property of another.......
...Section
316.1935(4), defining the second-degree felony of aggravated fleeing or eluding, specifically refers to leaving the scene of a crash. (4) Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s.
316.027 or s.
316.061, having knowledge *1062 of an order to stop by a duly authorized law enforcement officer: (a) Willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in...
...tion to the offense of unlawfully leaving the scene of a crash which the person had been in the course of committing or attempting to commit when the order to stop was given. Section
316.027 is titled "Crash involving death or personal injuries" and section
316.061 is titled "Crashes involving damage to vehicle or property." Both apply by their plain language only to the driver of a vehicle involved in a crash....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
...(a) Attempt
777.04(1) 5.1 Comment This instruction was adopted in 1992 and amended in 1998 [
723 So.2d 123 ], and 2009 [
6 So.3d 574 ], and 2013. 28.4(a) LEAVING THE SCENE OF A CRASH INVOLVING ONLY DAMAGE TO AN ATTENDED YEHI-CLE OR ATTENDED PROPERTY §
316.061(1), Fla....
...roperty is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Lesser Included Offenses LEAVING THE SCENE OF A CRASH INVOLVING ONLY DAMAGE TO AN ATTENDED VEHICLE OR ATTENDED PROPERTY — 316.061(1) CATEGORY ONE CATEGORY TWO FLA....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5587, 2010 WL 1687617
...The State charged Yeye with three separate counts of leaving the scene of an accident. This is because, while fleeing from police, Yeye struck a parked car, causing it to smash into two other parked cars. Yeye did not stop at or return to the scene of the accident. In relevant part, section 316.061(1), Florida Statutes (2007), defines the crime of leaving the scene of an accident as follows: 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 pe...
...Reversed and remanded with directions. MAY, J., concurs. GROSS, C.J., concurs specially with opinion. GROSS, C.J., concurring specially. I concur based on Hardy v. State,
705 So.2d 979, 980 (Fla. 4th DCA 1998). The intended "unit of prosecution" for subsection
316.061(1) is not the number of cars involved in the accident, but the number of accidents....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...The appellee was arrested on January 21, 1980, when he was seventeen years old. A petition charged him with burglary, driving without a valid driver's license, fleeing and attempting to elude police officers, and leaving the scene of an auto accident involving property damage in violation of section 316.061, Florida Statutes (1979)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1994 WL 68795
...n "constructive knowledge" of the death/injury. We also remand for a new trial. In doing so, we do not fault the trial court as there was no standard jury instruction upon the substantive crime. The standard jury instruction for a companion statute, section
316.061, does not contain any reference to "constructive knowledge" of damage; however, nowhere in that statute is there any requirement of "willfulness." [1] In section
316.027, for which there is no standard jury instruction, the statute pr...
...A PROSECUTION FOR VIOLATION OF SECTION
316.027, FLORIDA STATUTES (1991), MUST THE STATE SHOW THAT THE DEFENDANT KNEW OR SHOULD HAVE KNOWN OF THE INJURY OR DEATH; AND THE JURY BE SO INSTRUCTED? GLICKSTEIN, FARMER and PARIENTE, JJ., concur. NOTES [1] Section
316.061, Florida Statutes (1991), provides, in part: (1) The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle a...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2014 WL 1884220, 2014 Fla. App. LEXIS 7044
...Accordingly, we reverse the trial court’s order and remand this matter to the trial court with orders to dismiss the violation of probation charges. 2 REVERSED and REMANDED with directions. BENTON, WETHERELL, and MARSTILLER, JJ, concur. . There is no such crime, although section 316.061, Florida Statutes (2012), prohibits leaving the scene of an accident involving damage to "a vehicle or other property which is driven or attended by any person,” without regard to any specific amount of damage....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1700175
...However, applying the logic of Cooper and Chapman to this case, we conclude that one of Pelham's convictions must be vacated. Cooper holds that "it is inappropriate to enhance the degree of both crimes by using a single homicide." Cooper,
634 So.2d at 1075. Section
316.061, Florida Statutes (1995), makes it a misdemeanor for a driver to leave the scene of an accident resulting in any property damage....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...another count."
State v. Powell,
674 So. 2d 731, 732-33 (Fla. 1996) (citations omitted) (quoting
Gonzalez v. State,
440 So. 2d 514, 515 (Fla. 4th DCA 1983)).
Here, the jury found Linen guilty of violating sections
316.027(2)(a) and
316.061(1), Florida Statutes (2015)....
...or she has fulfilled the requirements of s.
316.062. A person
who willfully violates this paragraph commits a felony of the
third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
And section
316.061(1) provides:
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 vehicl...
...scene of a crash and that the victim suffered both physical injury to her person and
property damage to her vehicle. As such, the evidence supports the jury's finding of
guilt as to the leaving the scene with injury charge. But because the plain language of
section 316.061(1) allows for a conviction under that section when the crash results only
in property damage, a jury finding that the crash resulted in physical injury to the victim
necessarily negates that required element of section 316.061(1); in other words, if the
crash resulted in physical injury, it cannot have resulted only in property damage....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 354971
...NOTES [1] Alligator Alley is the nickname for the east-west stretch of Interstate 75, crossing the Florida Everglades and connecting Naples with Fort Lauderdale. [2] For example, leaving the scene of an accident involving damage to a vehicle or property is a second degree misdemeanor. See § 316.061(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1992 WL 200360
...Defendant's first Motion to Suppress, in fact, challenges the sufficiency of the requesting officer's probable cause to believe there was serious bodily injury. [3] §
316.193, Fla. Stat. (1989). [4] §
843.15(1)(a), Fla. Stat. (1991). [5] §
316.192, Fla. Stat. (1989). [6] §
316.061(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1856402
...was found guilty of "Leave Scene of Accident." The order does not cite a statutory reference for this offense. Pursuant to section
316.027(1), it is a third-degree felony to leave the scene of a crash resulting in injury and a second-degree felony to leave the scene of a crash resulting in death. Pursuant to section
316.061(1), it is a second-degree misdemeanor to leave the scene of a crash resulting in damage to a vehicle or other property....
...on probation and to enter a dismissal as to count II of the delinquency petition. [1] Affirmed in part, reversed in part, and remanded. ALTENBERND, C.J, and KELLY, J, Concur. NOTES [1] Because we conclude that the evidence was insufficient to sustain a delinquency adjuudication under either section
316.027 or
316.061, we do not decide whether leaving the scene of a crash with property damage is a lesser included offense to a charge of leaving the scene of a crash with death or injury.
CopyCited 1 times | Published | Supreme Court of Florida | 2016 WL 2757011
...3d 136], and 2015 [
166 So. 3d 161], and 2016.
28.8(c) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death)
§
316.1935(4)(b) and §
316.061, Fla....
...- 31 -
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death) —
316.1935(4)(b) and
316.061
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Aggravated Fleeing
316.1935(4)(a) 28.85
Fleeing to Elude LEO
316.1935(1) 28.6
Leaving the Scene of a
316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property*
Fleeing to Elude LEO
316.1935(3)(b) 28.81
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing t...
...knew, or should have known, of either
the crash or the property damage to violate this statute. Compare State v. Dorsett,
158 So. 3d 557 (Fla. 2015) and Mancuso v. State,
652 So. 2d 370 (Fla. 1995)
dealing with §
316.027, Fla. Stat., which, unlike §
316.061, Fla....
...3d 136], 2015 [
166 So. 3d 161], and 2016.
28.8(e) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Injury or Property Damage to Another)
§
316.1935(4)(a) and §
316.061, Fla....
...s or tracks.
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving A Crash Involving Damage to a Vehicle or Property then Causing
Injury or Property Damage to Another) —
316.1935(4)(a) and
316.061
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Fleeing to Elude LEO
316.1935(1) 28.6
Leaving the Scene of a
316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property*
- 38 -
Fleeing to Elude LEO
316.1935(3)(b) 28.81
Fleeing to Elude LEO 3...
...knew, or should have known, of either
the crash or the property damage to violate this statute. Compare State v. Dorsett,
158 So. 3d 557 (Fla. 2015) and Mancuso v. State,
652 So. 2d 370 (Fla. 1995)
dealing with §
316.027, Fla. Stat., which, unlike §
316.061, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 2663, 2004 WL 393181
...The State argues that the trial court’s finding that appellant violated his probation by leaving the scene of a traffic accident involving property damage was permissible because leaving the scene of an accident involving property damage only, in violation of section 316.061, Florida Statutes (2002), is a lessor included offense of leaving the scene of an accident involving injury, in violation of section 316,027 (2002)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Therefore, we reverse and remand for the trial court to dismiss the charge against J.J.J. Reversed and remanded with directions. NORTHCUTT, KELLY, and SALARIO, JJ., Concur. . The State did not charge J.J.J. with the offense of leaving the scene of an accident. See § 316.061(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18313, 2010 WL 4861708
...e public). Accordingly, under the undisputed facts of this case, Defendant cannot be convicted of burglary. See Miller,
733 So.2d at 957 . Turning to Defendant’s conviction for leaving the scene of an accident, Defendant was charged with violating section
316.061(1), Florida Statutes (2006)....
...uck was not being driven or attended by any person. This issue was not preserved for review. However, a conviction for a crime for which the evidence is insufficient constitutes fundamental error. See F.B. v. State,
852 So.2d 226, 230-31 (Fla.2003). 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....
...In such instances, the legislature does not require the vehicle’s owner to be tracked down, but provides the alternative of leaving a note. If the legislature intended for collisions with unattended parked cars to be covered under the attended vehicles provision in section 316.061(1), then enactment of the unattended vehicles statute would have been unnecessary. As such, the evidence is insufficient to establish the “driven or attended” element of section 316.061(1), and Defendant’s conviction for leaving the scene of an accident constitutes fundamental error....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 1991804
...Thereafter, the appellant was charged with one count of aggravated fleeing or eluding in violation of section
316.1935(4), Florida Statutes (2002). Section
316.1935(4), provides, in relevant part: Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s.
316.027 or s.
316.061, [2] having knowledge of an order to stop by a duly authorized law enforcement officer: (a) Willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an...
...1st DCA 1994); Gatlin v. State,
618 So.2d 765, 766 (Fla. 2d DCA 1993); Owens v. State,
579 So.2d 311, 312 (Fla. 1st DCA 1991). [2] Section
316.027 requires a driver involved in a crash resulting in injury or death to immediately stop at the scene of the crash and section
316.061 requires a driver involved in a crash resulting in property damage to immediately stop at the scene of the crash.
CopyPublished | District Court of Appeal of Florida
accident with property damage pursuant to section
316.061(1), Florida Statutes (2017). The court sentenced
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 11278, 1998 WL 558778
...Meyers challenges the trial court’s denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. He contends and the State concedes that the incarcerative portion of his sentence for the misdemeanor offense of leaving the scene of an accident cannot exceed sixty days. See § 316.061, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 15962
...Appellant was charged and convicted of felony driving with a suspended or revoked license in violation of section
322.34(2)(c), Florida Statutes (2014) (Count I), and leaving the scene of a crash involving damage to an attended vehicle in violation of section
316.061(1), Florida Statutes (2014) (Count II)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...) fleeing to
elude a law enforcement officer, in violation of Fla. Stat. §
316.1935(3)(a);
(2) reckless driving, in violation of Fla. Stat. §
316.192(1); (3) leaving the scene of
an accident involving property damage, in violation of Fla. Stat. §
316.061(1);
(4) driving with a suspended license, in violation of Fla Stat....
CopyPublished | District Court of Appeal of Florida
that he hit while fleeing from the police. Section
316.061(1), Florida Statutes, defines the crime of
CopyPublished | Court of Appeals for the Eleventh Circuit
...the
Biscayne Air Video shows merely that the two “los[t] their balance and f[e]ll
11
In addition to battery of a law enforcement officer in violation of Florida Statutes
§
784.07(2)(b), Martin alleges that Prosper violated: §
316.061(1) (leaving the scene of an
accident); §
316.130(18) (walking on a limited access facility or a ramp connecting a limited
access facility to any other street or highway); §
316.072(3) (failure to obey commands of police
officials); § 84...
CopyPublished | Supreme Court of Florida | 2015 WL 3496499
...2d 1081] and amended in
2011 [
73 So. 3d 136] and 2015.
28.83(c) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death)
§
316.1935(4)(b) and §
316.061, Fla....
...to stop, willfully fled
in a vehicle in an attempt to elude the law enforcement officer].
7. As a result of (defendant) fleeing or eluding, [he] she] caused [serious
bodily injury to] [the death of] (name of victim).
§ 316.061, Fla....
...or tracks.
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death) —
316.1935(4)(b) and
316.061
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Aggravated Fleeing
316.1935(4)(a) 28.85
Fleeing to Elude LEO
316.1935(1) 28.6
Leaving the Scene of a
316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property
Fleeing to Elude LEO
316.1935(3)(b) 28.81
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to Elude...
...3d 136] and 2015.
- 21 -
28.85(e) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Injury or Property Damage to Another)
§
316.1935(4)(a) and §
316.061, Fla....
...in a vehicle in an attempt to elude the law enforcement officer].
7. As a result of (defendant) fleeing or eluding, [he] [she] caused [injury
to] [damage to the property of] (name of victim).
- 22 -
§ 316.061, Fla....
...s or tracks.
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving A Crash Involving Damage to a Vehicle or Property then Causing
Injury or Property Damage to Another) —
316.1935(4)(a) and
316.061
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Fleeing to Elude LEO
316.1935(1) 28.6
Leaving the Scene of a
316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property
Fleeing to Elude LEO
316.1935(3)(b) 28.81
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to Elude LEO 316.1...
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15722
...CURIAM. Diggs was tried in the circuit court on an information charging him with unlawfully departing the scene of an accident involving a personal injury. 1 At trial the state recognized that the statute number set forth in the information, to wit, §
316.061, was incorrect and moved to amend the statute number to §
316.027, which motion was granted by the court....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 12, 2024
...7
under arrest and transferred him to the City of Miami Police Officer
Station.
Scott was charged with reckless driving, Fla. Stat.
§
316.192(3), leaving the scene of an accident, id. §
316.061(1),
falsely reporting a crime, id....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 2668797
...Cunniff was charged with aggravated fleeing and eluding pursuant to section
316.1935(4), Florida Statutes (2003). Section
316.1935(4) states: Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s.
316.027 or s.
316.061, having knowledge of an order to stop by a duly authorized law enforcement officer: (a) Willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an att...
...the scene of a crash as defined in the statute but rather was leaving the scene of a shooting. In the present case, the petitioner was fleeing in a truck he had just stolen. He was not leaving the scene of a crash in violation of section
316.027 or section
316.061....
...officer under section
316.1935(1). See Santiago,
847 So.2d at 1061. Petition denied in part and granted in part. FULMER and WALLACE, JJ., Concur. NOTES [1] Section
316.027 prohibits leaving the scene of a crash involving death or personal injuries. Section
316.061(1) states that "[t]he 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 the crash....
...This court has been unable to locate any case law involving leaving the scene of a crash resulting in damage to property that is attended to by any person. Here, Cunniff crashed through four chain-link gates while being pursued by the police. Potentially, he could have been in violation of section 316.061 after he crashed through the first gate....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 10304, 2002 WL 1626209
...Relying on that date, appellant filed his notice of alibi for that date. In order to convict appellant of leaving the scene of an accident with damage, the state was required to prove that appellant was, in fact, the driver of the car that caused the damage. See § 316.061, Fla....
CopyPublished | Supreme Court of Florida
...s, and devices used exclusively upon
stationary rails or tracks].
Lesser Included Offenses
LEAVING THE SCENE OF A CRASH INVOLVING ONLY
DAMAGE TO AN ATTENDED VEHICLE OR ATTENDED
PROPERTY—316.061(1)
CATEGORY ONE CATEGORY TWO FLA....
...st prove the defendant knew, or should
have known, of either the crash or the property damage. Compare State v. Dorsett,
158 So. 3d 557 (Fla. 2015), and Mancuso v. State,
652 So. 2d 370 (Fla. 1995),
dealing with §
316.027, Fla. Stat., which, unlike §
316.061, Fla....
...3d 244], and 2019.
28.8(c) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then
Causing Serious Bodily Injury or Death)
§
316.1935(4)(b) and §
316.061, Fla....
...stationary rails or tracks].
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death) —
316.1935(4)(b) and
316.061
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Aggravated Fleeing
316.1935(4)(a) 28.8528.8(e)
Fleeing to Elude LEO
316.1935(1) 28.6
Leaving the Scene of a
316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property*
Fleeing to Elude LEO
316.1935(3)(b) 28.8128.8(a)
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing...
...operty damage to violate this statute.
- 57 -
CompareCompare State v. Dorsett,
158 So. 3d 557 (Fla. 2015), and Mancuso v.
State,
652 So. 2d 370 (Fla. 1995), dealing with §
316.027, Fla. Stat., which, unlike
§
316.061, Fla....
...3d 244], and 2019.
28.8(e) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then
Causing Injury or Property Damage to Another)
§
316.1935(4)(a) and §
316.061, Fla....
...stationary rails or tracks].
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving A Crash Involving Damage to a Vehicle or Property then Causing
Injury or Property Damage to Another) —
316.1935(4)(a) and
316.061
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Fleeing to Elude LEO
316.1935(1) 28.6
Leaving the Scene of a
316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property*
Fleeing to Elude LEO
316.1935(3)(b) 28.8128.8(a)
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to E...
...roperty damage to violate this statute.
CompareCompare State v. Dorsett,
158 So. 3d 557 (Fla. 2015), and Mancuso v.
- 65 -
State,
652 So. 2d 370 (Fla. 1995), dealing with §
316.027, Fla. Stat., which, unlike
§
316.061, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 58
...Appellant was charged with (1) attempted second degree murder of a law enforcement officer with a weapon; (2) high speed or wanton fleeing law enforcement in violation of section
316.1935(3)(a), Florida Statutes (2013); and (3) leaving the scene of an accident resulting in property damage in violation of section
316.061(1), Florida Statutes (2013)....
CopyPublished | Florida 4th District Court of Appeal | 2000 WL 1727008
...We first address appellant's convictions for leaving the scene of an accident with injuries and leaving the scene of an accident with property damage. Those convictions were based on one accident in which three people were injured and the car which they occupied was damaged. Section
316.061(1), Florida Statutes (1997), one of the statutes under which appellant was convicted, prohibits leaving the scene of a "crash resulting only in damage to a vehicle or other property." Section
316.027(1)(a), Florida Statutes (1997) pro...
CopyPublished | Supreme Court of Florida
...excepting
devices used exclusively upon stationary rails or tracks.
Lesser Included Offenses
LEAVING THE SCENE OF A CRASH INVOLVING ONLY
DAMAGE TO AN ATTENDED VEHICLE OR ATTENDED
PROPERTY—316.061(1)
CATEGORY ONE CATEGORY TWO FLA....
...whether the State must prove the defendant knew, or should have known, of either
the crash or the property damage. Compare State v. Dorsett,
158 So. 3d 557 (Fla.
2015), and Mancuso v. State,
652 So. 2d 370 (Fla. 1995), dealing with §
316.027,
Fla. Stat., which, unlike §
316.061, Fla....
...3d 1190], and
2018.
- 24 -
28.8(c) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then
Causing Serious Bodily Injury or Death)
§
316.1935(4)(b) and §
316.061, Fla....
...or tracks.
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death) —
316.1935(4)(b) and
316.061
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Aggravated Fleeing
316.1935(4)(a) 28.85
Fleeing to Elude LEO
316.1935(1) 28.6
Leaving the Scene of a
316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property*
Fleeing to Elude LEO
316.1935(3)(b) 28.81
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to Elud...
...new, or should
have known, of either the crash or the property damage to violate this statute.
Compare State v. Dorsett,
158 So. 3d 557 (Fla. 2015), and Mancuso v. State,
652
So. 2d 370 (Fla. 1995), dealing with §
316.027, Fla. Stat., which, unlike §
316.061,
Fla....
...3d 1190], and
2018.
28.8(e) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then
Causing Injury or Property Damage to Another)
§
316.1935(4)(a) and §
316.061, Fla....
...33 -
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving A Crash Involving Damage to a Vehicle or Property then Causing
Injury or Property Damage to Another) —
316.1935(4)(a) and
316.061
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Fleeing to Elude LEO
316.1935(1) 28.6
Leaving the Scene of a
316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property*
Fleeing to Elude LEO
316.1935(3)(b) 28.81
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to Elu...
...new, or should
have known, of either the crash or the property damage to violate this statute.
Compare State v. Dorsett,
158 So. 3d 557 (Fla. 2015), and Mancuso v. State,
652
So. 2d 370 (Fla. 1995), dealing with §
316.027, Fla. Stat., which, unlike §
316.061,
Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Dortch argues that the trial court erred in denying his motion for judgment
of acquittal on count three because the evidence failed to establish that the crash
caused any damage to the attended building identified in the operative information. See
§ 316.061(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 4915
...was found guilty of “Leave Scene of Accident.” The order does not cite a statutory reference for this offense. Pursuant to section
316.027(1), it is a third-degree felony to leave the scene of a crash resulting in injury and a second-degree felony to leave the scene of a crash resulting in death. Pursuant to section
316.061(1), it is a second-degree misdemeanor to leave the scene of a crash resulting in damage to a vehicle or other property....
...on probation and to enter a dismissal as to count II of the delinquency petition. 1 Affirmed in part, reversed in part, and remanded. ALTENBERND, C.J., and KELLY, J., Concur. . Because we conclude that the evidence was insufficient to sustain a delinquency adjudication under either section
316.027 or
316.061, we do not decide whether leaving the scene of a crash with property damage is a lesser included offense to a charge of leaving the scene of a crash with death or injury.
