CopyCited 61 times | Published | Supreme Court of Florida
...The appellant's car then hit the Volkswagen from behind; instead of stopping to offer assistance, the appellant backed up and drove off. He was subsequently apprehended and charged with leaving the scene of an accident resulting in injury to another person, in violation of Section 316.062, Florida Statutes (1975)....
CopyCited 43 times | Published | Supreme Court of Florida
...ge 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 ... and in every event shall remain at the scene of the accident until he has fulfilled the requirements of § 316.062." (Obviously, this violation does not relate to the driver's ability to drive safely, but rather to his responsibilities after an accident has occurred, even when he is absolutely without fault in causing the accident.) Section 316.095, Fl...
CopyCited 27 times | Published | Supreme Court of Florida | 1995 WL 109138
...The *371 requested instruction provided that the State must prove that Mancuso knew that he was involved in an accident which resulted in personal injury to another and then willfully left the scene and willfully failed to render aid or give certain information as required by section 316.062, Florida Statutes (1991)....
...of any person shall immediately stop such vehicle at the scene of the accident, or as close thereto as possible, and shall forthwith return to, and in every event shall remain at the scene of, the accident until he has fulfilled the requirements of s.
316.062. (2) Any person willfully failing to stop or to comply with the requirements of subsection (1) under such circumstances is guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. [2] Under section
316.062(1), Florida Statutes (1991), the driver of a vehicle involved in an accident that results in injury to or death of any person or damage to an attended vehicle has a duty to give certain information to the others involved in the accide...
...death of any person shall immediately stop" at the scene and fulfill the requirements of section 10-104. Section 10-104 imposes a duty to give certain information (name, address, and vehicle registration number) and render aid. Sections
316.027 and
316.062, Florida Statutes (1991), essentially track the language of these sections of the Uniform Vehicle Code.
CopyCited 20 times | Published | Supreme Court of Florida | 1997 WL 656168
...We find the State's construction of the statute to be the correct one. Florida law imposes an affirmative duty on a driver to stop, render aid, and provide certain information necessary for an insurance claim and an accident report whenever there is an injury. § 316.062, Fla....
...Stat. (1995). One of the main purposes of the statute is to ensure that accident victims receive medical assistance as soon as possible. Herring v. State,
435 So.2d 865, 866 (Fla. 3d DCA 1983) ("It is apparent that the purpose of sections
316.027 and
316.062 is to assure that any injured person is rendered aid and that all pertinent information concerning insurance and names of those involved in the traffic accident is exchanged by the parties.")....
...involved in an accident resulting in injury of any person must immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and must remain at the scene of the accident until he or she has fulfilled the requirements of s. 316.062....
...775.084 (b) The driver of any vehicle involved in an accident resulting in the death of any person must immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and must remain at the scene of the accident until he or she has fulfilled the requirements of s. 316.062....
CopyCited 17 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 836, 2008 Fla. LEXIS 1974, 2008 WL 4587203
...r proved beyond a reasonable doubt that: 1. At the time of the accident, (defendant) knew, or should have known, that the accident occurred; and 2. (Defendant) failed to give information and render aid as required by law. (Read applicable portion of § 316.062, Fla....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 2005 WL 1704297
...(b) A felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084, if: 1. At the time of the accident, the person knew, or should have known, that the accident occurred; and 2. The person failed to give information and render aid as required by s.
316.062....
...Moreover, effective October 1, 1996, the Legislature amended section
782.071(1)(b) by deleting the language "willfully fails to stop or comply with the requirements of s.
316.027(1)" and substituting the provision that the defendant "failed to give information and render aid as required by s.
316.062." Ch....
...96-330, § 14, at 1902, Laws of Fla. [6] We believe that this amendment indicates the Legislature intended to clarify that the aspect of criminal conduct to be punished under section
782.071(1)(b) is the defendant's failure to render aid to each victim of the accident as required by section
316.062 rather than the defendant's act of fleeing from a single accident scene in violation of section
316.027....
...Dumas,
700 So.2d 1223 (Fla.1997), wherein the court explained the *374 purpose of the requirement that a motorist stop and render aid: Florida law imposes an affirmative duty on a driver to stop, render aid, and provide certain information necessary for an insurance claim and an accident report whenever there is an injury. §
316.062, Fla....
...One of the main purposes of the statute is to ensure that accident victims receive medical assistance as soon as possible. Id. at 1225 (citation omitted). Hence, the fact that the crime of vehicular homicide is elevated to a first-degree felony if the defendant failed to comply with section 316.062 is a result-driven sanction that implicitly recognizes the possibility that the victims may not have died had the defendant complied with his statutory duty....
...intent and do not constitute double jeopardy; receding from Pelham v. State,
771 So.2d 1254 (Fla. 2d DCA 2000)), review denied,
821 So.2d 297 (Fla.2002). [6] We note with interest that violation of section
316.027(1) is a felony, while violation of section
316.062 constitutes a noncriminal traffic infraction.
CopyCited 11 times | Published | Supreme Court of Florida | 2006 WL 3741064
...r proved beyond a reasonable doubt that: 1. At the time of the accident, (defendant) knew, or should have known, that the accident occurred; and 2. (Defendant) failed to give information and render aid as required by law. (Read applicable portion of § 316.062, Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1468601
...Vehicular homicide is: . . . . (2) A felony of the second degree, ... if: (a) At the time of the accident, the person knew, or should have known, that the accident occurred; and (b) The person failed to give information and render aid as required by s. 316.062....
...involved in an accident resulting in injury of any person must immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and must remain at the scene of the accident until he or she has fulfilled the requirements of s. 316.062....
...State,
573 So.2d 998, 1001 (Fla. 1st DCA 1991). This analysis applies to the 1997 version of the vehicular homicide statute as well. Section
782.071 subsumes the requirement found in section
316.027 that the motorist stop and comply with the requirements of section
316.062, Florida Statutes (1997)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2003 WL 21202971
...4th DCA 1999)(holding that trial court properly denied defendant's motion for judgment of acquittal on the charge of leaving the scene of an accident because there was a factual dispute as to whether the victim in the accident was "in condition to receive the information" within the meaning of section 316.062(2), Florida Statutes, such as the defendant's driver's license number, thus requiring the defendant to report the accident to law enforcement)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 1787, 2012 WL 385493
..., or occupant of a vehicle because those are the only people compelled to make a report under the statutes. See §
316.066(1) (requiring a driver to make a report when involved in a crash where there is bodily injury, death, or damage to a vehicle); §
316.062(1) (requiring a driver to give his or her information to a police officer upon request when a crash results in injury or death); §
316.064(2) (requiring the occupant of a vehicle to make a report under sections
316.065 and .066 when the d...
....066(1) and (2).”); S.G.K. v. State,
657 So.2d 1246, 1247-48 (Fla. 1st DCA 1995) (concluding that section
316.066(3)(a) does not require “witnesses to the accident to stay at the scene or report to investigating officers” (citing §§
316.061,
316.062,
316.066(3)(a), Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1996 WL 460696
...-incrimination. Id. §
316.066(4). The state's second argument is based on another part of the 1991 legislative amendments to chapter 316. In addition to amending section
316.066, which covers accident reports, the 1991 legislature also *723 amended section
316.062, which imposes a duty to give information and render aid after an accident....
...on to make a report or give information to a law enforcement officer making a written report relating to an accident shall not be construed as extending to information which would violate the privilege of such person against self-incrimination." Id. §
316.062(3); ch. 91-255, § 13, Laws of Florida. [8] The state argues that this amendment to section
316.062 should be interpreted as also applying to section
316.066. The state urges that upon reading subsection
316.062(3) into section
316.066, it follows that a driver is no longer required to make a report or say anything to the investigating officer....
...[9] We do not think that the state's analysis is a plausible interpretation of the 1991 statutory amendments. The 1991 amendments to chapter 316 were enacted in chapter 91-255, Laws of Florida. That piece of legislation added provisions regarding self-incrimination to both section
316.062 and section
316.066, Florida Statutesand used different language in each case. When the legislature amended section
316.062, regarding the duty to give information and render aid, the legislature added the limitation that there would be no duty to make a report or give information which would violate the privilege against self-incrimination. §
316.062(3), Fla.Stat....
...ted exception relating to the privilege against self-incrimination. We conclude that the accident report privilege of section
316.066 remains intact, but has been modified by the 1991 exception contained in subsection
316.066(4). We conclude that subsection
316.062(3), relied on by the state, should be interpreted as applying solely to the duty to give information and render aid set forth in section
316.062....
...ny earlier-administered Miranda warnings. It would be then necessary at the conclusion of the accident investigation to advise the reporting person that the criminal investigation was beginning and to administer new Miranda warnings. [8] As amended, section 316.062, Florida Statutes (1993) provides: 316.062 Duty to give information and render aid. (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 817178
...by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the accident until he has fulfilled the requirements of § 316.062. Section 316.062, Florida Statutes (1991) requires: [t]he driver of any vehicle involved in an accident resulting in ......
...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....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2167
...which includes physical impact or contact. Victim injury is to be scored for each victim for whom the defendant is convicted of injuring and is limited to physical trauma. In the present case, Benedict was convicted of violating sections
316.027 and
316.062, Florida Statutes, which require the driver of any vehicle involved in an accident resulting in injury or death to stop and render aid and to furnish certain information upon request....
...1st DCA 1984), a case virtually identical to the present case, the court concluded that victim injury is not an element of leaving the scene of an accident (section
316.027) in the sense that one must injure or kill someone to be guilty of the offense. [1] Likewise, we conclude that victim injury is not an element of section
316.062....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...While that case was pending in the County Court the State Attorney filed the direct information involved herein in the Circuit Court which charges the relator with a felony, to-wit: "willfully" leaving the scene of an accident involving personal injury in violation of "§ 316.062." As may be suspected, at this point, it is undisputed that the accident referred to in the Uniform Traffic Citation, and the accident referred to in the pending information in the Circuit Court, are one and the same accident; and the one injured party is the same person in each case....
...First of all, to summarize in the interest of brevity and conciseness, § 316.026 of that law is an omnibus section which provides that a violation of any provision of Chapter 316, F.S. 1971, F.S.A., constitutes a crime punishable as a misdemeanor unless a different punishment is specifically otherwise provided for. Section 316.062 makes it incumbent on the driver of any motor vehicle involved in an accident resulting in injury or death to any person to give his name and address, and exhibit his license upon request, to the person injured or to another appropria...
...of any person shall immediately stop such vehicle at the scene of the accident, or as close thereto as possible, and shall forthwith return to, and in every event shall remain at the scene of, the accident until he has fulfilled the requirements of § 316.062....
...ion, shall be punished by imprisonment in the state penitentiary for not more that one (1) year or by fine of not more than five thousand dollars ($5,000) or by both such fine and imprisonment." (Italics ours.) We parenthetically point out here that §
316.062, supra, does not expressly require that a driver stop to comply therewith; but it is obviously impossible to comply without stopping. On the other hand, the aforequoted §
316.027 expressly requires the driver to stop and/or to remain at the scene and fully to comply with the aforesaid §
316.062. But in any case, it is obvious that both sections must be read in pari materia and that each relates to the same wrongful conduct, to-wit: failure to comply with §
316.062. The state can take no solace, therefore, in the fact that the Uniform Traffic Citation first issued as aforesaid expressly cited a violation of §
316.027 while the pending information in the Circuit Court cites a violation of §
316.062. Each such section proscribes essentially the same acts or omissions. Now again, as early pointed out above, relator contends that failing to stop and/or to remain at the scene of an accident until complying with §
316.062, supra, in violation of subsection (1) of §
316.027, is a misdemeanor punishable pursuant to the aforesaid omnibus misdemeanor section....
...Who would gainsay that willful non-compliance is more reprehensible? Finally, we express our view that the misdemeanor defined by subsection (1) of §
316.027 is included within the felony defined by subsection (2) thereof since, as noted, the two principal sections involved, i.e., §
316.027 itself and §
316.062, both condemn the same conduct; the additional element of willfulness found in subsection (2) of §
316.027 merely makes such proscribed conduct a higher degree of the "same offense." Accordingly, double jeopardy considerations come into play....
CopyCited 5 times | Published | Supreme Court of Florida | 1997 WL 297674
..."this is now a criminal investigation," followed immediately by Miranda warnings, before any statement by the defendant may be admitted. State v. Norstrom,
613 So.2d 437, 440-41 (Fla.1993). We cannot say that the 1991 amendments to that statute and section
316.062, Florida Statutes (Supp.1988), affect our holding in Norstrom....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
...[and to any police officer at the scene of the crash or who is investigating the crash]. If the State proves that the defendant failed to give any part of the “identifying information,” the State satisfies this element of the offense. Fla. Stat. 316.062(1)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 399217
...Section
316.027(1)(b) provides: The driver of any vehicle involved in a crash resulting in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s.
316.062. Section
316.062 mandates that the driver must give information about the accident to authorities and render such aid as appropriate and needed to the victim....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1993 WL 107061
...al 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. The same session law, Chapter 91-255, Laws of Florida, added subsection (3) to section 316.062: The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to an accident shall not be construed as extending to information which would violate the privilege of such person against self-incrimination....
...In Norstrom the defendant had been read the " Miranda warning," while in the present case Riley was not. This distinction is of questionable significance, however, because Riley was not in custody. We hold that pursuant to the supreme court's decision in Norstrom, and certainly by virtue of the 1991 amendments to sections
316.062 and
316.066, the court must focus upon the question of whether the defendant's constitutional right to be free from self incrimination has been violated....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Bolen's other point of substance claims error in the following portion of the charge to the jury concerning the crime involved: The driver of an automobile need only be aware that he was involved in an accident and with such knowledge, willfully left the scene of the accident, without fulfilling the requirement of F.S. 316.062....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 4998757
...public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has filled the requirements of section 316.062....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 1405, 2013 WL 331602
...public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of § 316.062....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 595, 2011 WL 248549
...injured along with two other passengers. . Under section
316.193(3)(c)3.b., the penalty is enhanced to a first-degree felony if at the time of the crash the person knew the crash occurred and failed to give information and render aid as required by section
316.062.
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...During the probationary term, he was charged with violating his probation (1) by failing to stop and remain at the scene of an accident involving death or personal injuries, in violation of Section
316.027, Florida Statutes (1979), and by failing to leave his name and address as required by Section
316.062, Florida Statutes (1979); (2) by driving while impaired, in violation of Section
316.193, Florida Statutes (1979); and (3) by driving a motor vehicle while his license was suspended, in violation of Section
322.34, Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 119840
...NOTES [1] Section
316.027(1)(a) provides: The driver of any vehicle involved in a crash resulting in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s.
316.062. Any person who willfully violates this paragraph is guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Section
316.062, Florida Statutes (2001), provides: (1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or...
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1984 Bankr. LEXIS 4644
...of any person shall immediately stop such vehicle at the scene of the accident, or as close thereto as possible, and shall forthwith return to, and in every event shall remain at the scene of, the accident until he has fulfilled the requirements of § 316.062....
CopyCited 1 times | Published | Supreme Court of Florida | 2016 WL 2757011
...§
316.003(75). §
316.003(75),
Fla. Stat.
A “vehicle” is any device in, upon, or by which any person or property
is, or may be, transported or drawn upon a highway, except devices used
exclusively upon stationary rails or tracks.
§
316.062, Fla....
...wheelchair] on [a public right-of-way] [crosswalk] [shoulder of the
roadway]].
Definitions. Give as applicable.
Patterson v. State,
512 So. 2d 1109 (Fla. 1stst DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. §
316.062, Fla....
...to give any part of the “identifying information,” the State satisfies this
element of the offense.
Definitions.
Patterson v. State,
512 So. 2d 1109 (Fla. 1stst DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. §
316.062(1), Fla....
...ght-of-way]
[crosswalk] [shoulder of the roadway]].
Definitions. Give as applicable.
Patterson v. State,
512 So. 2d 1109 (Fla. 1stst DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. §
316.062, Fla....
...to give any part of the “identifying information,” the State satisfies this
element of the offense.
Definitions.
Patterson v. State,
512 So. 2d 1109 (Fla. 1stst DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. §
316.062(1), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 327, 2016 Fla. LEXIS 1421, 2016 WL 4082429
...In brief, the statute requires “[t]he driver of any vehicle involved in a crash ... that results in the death of any person” to “immediately stop” at the scene, comply with certain reporting requirements, and render assistance to anyone injured. §
316.027(l)(b), Fla. Stat.; see §
316.062, Fla....
...ublic or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the" scene of the crash until he or she has fulfilled the requirements of s. 316.062.'Any' person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s....
...(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062....
...years. §
316.027(1), Fla. Stat. (2010) (emphasis added). The statute requires the “driver of any vehicle involved in a crash” that results in the injury or death of a person to immediately stop the vehicle at- the scene, and in accordance with section
316.062, remain at the scene to comply with certain reporting requirements and to render aid" to anyone injured....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 594350, 2014 Fla. App. LEXIS 2095
..., and suffered fatal injuries. Although aware of his passenger’s exit from the moving truck, Mr. *918 Gaulden did not stop at the scene, or as close to the scene as possible, much less remain at the scene until he had fulfilled the requirements of section 316.062, Florida Statutes (2010) (requiring the driver of a vehicle involved in a crash resulting in injury or death to provide information such as the driver’s name, address, vehicle registration number, and license, and to render reasonable assistance, including arranging for medical treatment if necessary)....
...Section
316.027(1) provides in pertinent part: (a) The driver of any vehicle involved in a crash ... that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s.
316.062....
...(b) The driver of any vehicle involved in a crash ... that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062....
...Gaulden’s] vehicle significantly contributed to causing this collision, [Mr. Gaulden’s] vehicle was involved in it. Under these circumstances, [Mr. Gaulden] is properly subject to criminal prosecution for failing to stop his vehicle and fulfill the requirements of section 316.062(1), which included rendering reasonable assistance to his passenger....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1996 WL 174375
...The state's burden in Count III was to prove that 1) C.J.P. was involved in an accident, 2) C.J.P. knew, or should have known, that injuries had occurred, and 3) C.J.P. willfully left the scene of the accident without complying with the requirements of section 316.062, Florida Statutes (1993), which statute imposes a duty on "[t]he driver of any vehicle involved in an accident resulting in injury" to provide certain information and to render reasonable assistance where it is apparent that treatment is necessary....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 5599, 2012 WL 1216263
...uffered fatal injuries. When the decedent became separated from the vehicle, Appellee continued driving. He did not stop at the scene or as close to the scene as possible, and he did not remain at the scene until he had fulfilled the requirements of section 316.062, Florida Statutes (2010)....
...lic or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062.......
...We emphasize, however, that our interpretation not only honors the plain language of the statute, but also safeguards the implementation of one of the statute’s main purposes, which is to ensure that crash victims receive medical assistance as soon as possible. See State v. Dumas,
700 So.2d 1223, 1225 (Fla.1997); §
316.062(1) (requiring a driver who has stopped pursuant to section
316.027 to pro *984 ■vide reasonable assistance to anyone injured from a crash involving the driver’s vehicle, including the making of arrangements for medical treatment)....
...Because the movement of Appel-lee’s vehicle significantly contributed to causing this collision, Appellee’s vehicle was involved in it. Under these circumstances, Appellee is properly subject to criminal prosecution for failing to stop his vehicle and fulfill the requirements of section 316.062(1), which included rendering reasonable assistance to his passenger....
CopyPublished | District Court of Appeal of Florida
(Fla. 5th DCA 1987), considered the effect of section
316.062 in their analyses of whether leaving the scene
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17223
...Information alleged that defendant: “. . . the driver of a vehicle involved in an accident resulting in . injury or death . . ., unlawfully and willfully failed to remain at the scene of the accident or to otherwise comply with the provisions of Section
316.062, Florida Statutes, contrary to the provisions of Section
316.027(1) and
316.027(2), Florida Statutes.” Following a jury trial, the jury returned a form verdict which recited the following: “We, the jury, find the defendant guilty...
CopyPublished | Florida 2nd District Court of Appeal
render aid to anyone injured, as provided in section
316.062. In the house bill analysis that preceded the
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 3217, 1995 WL 132164
...was involved in the accident; and Four, the defendant willfully failed to immediately stop at the scene of the accident or as close thereto as possible and remain at the scene of the accident until she fulfilled the requirements of Florida Statutes Section 316.062....
CopyPublished | Supreme Court of Florida
...involving death or personal injuries.” Under this statute, when a
car crash results in the injury or death of “a person,” the driver of a
vehicle involved in the crash must stop at the scene and remain
there “until he or she has fulfilled the requirements of s.
316.062.”
Section
316.062, Florida Statutes (2021), in turn requires the driver
to provide identifying information to any injured person and the
police, and to render reasonable assistance to any injured person.
A driver’s willful violation of section
316.027 is a first, second, or
third-degree felony, depending on the severity of the crash victim’s
injury.
The certified question is as follows:
Given the requirements of section
316.062(1), Florida
Statutes, does conviction on multiple counts under
section
316.027(2), Florida Statutes, stemming from a
single crash involving multiple victims, expose a
defendant to multiple punishments for one offen...
...ramifications thereof.” This argument has no basis in the
constitution or our case law.
-2-
injuries to three others. Johnson fled the crash scene without
fulfilling his obligations under sections
316.027 and
316.062....
...inconsistent with legislative indifference to the number of victims in
the crash.
-5-
The Legislature’s decision to connect the criminal prohibitions
of section
316.027 to the driver’s compliance with section
316.062
also shows a victim-oriented focus. Section
316.062(1) requires the
driver to “render to any person injured in the crash reasonable
assistance,” including facilitating their medical care. Section
316.027 makes it a crime for the driver to leave a crash scene until
the driver has complied with section
316.062....
...re to remain at the scene,
making the crash itself the unit of prosecution. We think that this
argument gives insufficient weight to section
316.027’s command
that the driver stop and remain “until he or she has fulfilled the
requirements of section
316.062.” The text shows that the
Legislature defined the criminal activity not just in terms of leaving
the crash scene, but leaving without first having informed and
reasonably assisted each crash victim.
Understandably, Johnson...
...prosecution from the Legislature’s contrasting uses of “a” and “any”
in statutory phrases. See generally Bautista v. State,
863 So. 2d
1180, 1182-85 (Fla. 2003). Johnson argues that here the
permissible unit of prosecution is rendered ambiguous by section
316.062’s requirement that the driver render reasonable assistance
to “any person injured in the crash.” (emphasis added)....
...The fountainhead of that line of authority is the Fifth
District’s decision in Hoag, which interpreted an earlier version of
section
316.027.
Like the current version, 3 the 1987 version of section
316.027
required the driver to remain at a crash scene “until he has fulfilled
the requirements of s.
316.062.” But in 1987 the statute referred
generally to “an accident resulting in injury or death of any person,”
without making the distinctions present in the current version.
Also in contrast to the current version, the 1987 version of...
...amended section
316.027 to make the statute even more explicitly
victim-centric. Moreover, the Hoag court and the district courts
that relied on it gave short shrift to the Legislature’s decision to
incorporate into section
316.027 the victim-oriented duties of
section
316.062....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 8614, 2015 WL 3522404
...Florida law imposes an affirmative duty on a driver involved in a crash that
results in death, injury, or property damage to stop, render reasonable assistance, and
provide certain information necessary for an insurance claim and an accident report.
§ 316.062....
CopyPublished | Supreme Court of Florida | 2015 WL 3496499
...for Petitioner
-4-
APPENDIX
28.4 LEAVING THE SCENE OF A CRASH INVOLVING
[DEATH] OR [INJURY]
§
316.027(1), Fla. Stat.; §
316.062, Fla....
...failed to give reasonable assistance, the State satisfies this element of the
offense.
Definitions.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. §
316.062
“Identifying information” means the name, address, vehicle registration
number, and, if available and requested, the exhibition of the defendant’s
license or permit to drive.
“Reasonable assistance” includes carrying...
...satisfies this element of the offense.
Definitions.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
- 17 -
Fla. Stat. §
316.062(1).
“Identifying information” means the name, address, vehicle registration
number, and, if available and requested, the exhibition of the defendant’s
license or permit to drive.
Fla....
...failed to give reasonable assistance, the State satisfies this element of the
offense.
Definitions.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. §
316.062
“Identifying information” means the name, address, vehicle registration
number, and, if available and requested, the exhibition of the defendant’s
license or permit to drive.
“Reasonable assistance” includes carrying...
...“identifying information,” the State
satisfies this element of the offense.
Definitions.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987)
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. §
316.062(1)
“Identifying information” means the name, address, vehicle registration
number, and, if available and requested, the exhibition of the defendant’s
license or permit to drive.
Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 9070, 1999 WL 454430
...Appellant was convicted of leaving the scene of an accident involving personal injury contrary to section
316.027(1)(a), Florida Statutes (1997). That section requires a driver to remain at the accident scene until the driver “has fulfilled the requirements of s.
316.062.” Section
316.062(1), Florida Statutes (1997), imposes certain duties on the driver of a vehicle involved in an “accident resulting in injury to or death of any person or damage to any vehicle or other property,” including the giving of information to the person injured in the accident. Section
316.062(2), Florida Statutes (1997), provides: (2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the dr...
...ubsection (1). (Emphasis supplied). The trial court properly denied appellant’s motion for judgment of acquittal. There was a factual dispute at trial as to whether the victim was “in condition to receive the information” within the meaning of section 316.062(2)....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22355
of the accident until the requirements of section 316.-062, Florida Statutes (1979), are fulfilled. See
CopyPublished | Florida 4th District Court of Appeal
required by law. (Read applicable portion of §
316.062, Fla. Stat., as charged in information or
CopyPublished | Supreme Court of Florida
...1. At the time of the accident, (defendant) knew, or should have
known, that the accident occurred; and
2. (Defendant) failed to give information and render aid as required
by law. (Read applicable portion of § 316.062, Fla....
...hich any person or property
is, or may be, transported or drawn upon a highway[, except personal delivery
devices, mobile carriers, and devices used exclusively upon stationary rails or
tracks].
- 31 -
§ 316.062, Fla....
...“identifying information,” the State satisfies this element of the offense.
Definitions.
Gaulden v. State,
195 So. 3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
§
316.062(1), Fla....
...3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§
316.062, Fla....
...3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§
316.062(1), Fla....
...2016).
- 60 -
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§
316.062, Fla....
...3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§
316.062(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 375, 1994 WL 22570
...We write to reduce in this district any uncertainty as to the manner in which the statutory immunity may be conferred. Every driver of an automobile in Florida who is involved in a motor vehicle accident is required to report the event to law enforcement. See § 316.062, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18525
accident without fulfilling the requirements of section
316.062, Florida Statutes (1980), contrary to section
CopyPublished | Supreme Court of Florida
...for Petitioner
-4-
APPENDIX
28.4 LEAVING THE SCENE OF A CRASH INVOLVING [DEATH]
[SERIOUS BODILY INJURY] [INJURY]
§
316.027(2), Fla. Stat.; §
316.062, Fla....
...person, or object.
§
316.003(75), Fla. Stat.
A “vehicle” is any device in, upon, or by which any person or property
is, or may be, transported or drawn upon a highway, except devices used
exclusively upon stationary rails or tracks.
§
316.062, Fla....
...“identifying information,” the State satisfies this element of the offense.
Definitions.
Gaulden v. State,
195 So. 3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Fla. Stat. §
316.062(1), Fla....
...3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§
316.062, Fla....
...3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§
316.062(1), Fla....
...3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§
316.062, Fla....
...3d 1123 (Fla. 2016).
A vehicle is “involved in a crash” if it collides with another vehicle,
person, or object.
Patterson v. State,
512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§
316.062(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19436
...he carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person. § 316.062(1), Fla.Stat....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 103, 2015 Fla. LEXIS 369, 2015 WL 790472
...on public or private property that results in injury of any person must
immediately stop the vehicle at the scene of the crash, or as close
thereto as possible, and must remain at the scene of the crash until he
or she has fulfilled the requirements of s. 316.062....
...or private property that results in the death of any person must immediately
stop the vehicle at the scene of the crash, or as close thereto as possible, and
must remain at the scene of the crash until he or she has fulfilled the
requirements of s. 316.062....
...775.083, or s.
775.084.
As the statute plainly states, compliance with the law requires “[t]he driver of any
vehicle involved in a crash . . . that results in injury of any person” to “immediately
stop,” “remain at the scene,” and comply with section
316.062, which requires the
driver to provide reasonable assistance to anyone injured and to provide identifying
information as specified....
...Id. at 1224-25. This Court explained that
Florida law imposes an affirmative duty on a driver to stop, render
aid, and provide certain information necessary for an insurance claim
and an accident report whenever there is an injury. § 316.062, Fla.
Stat....
...One of the main
purposes of the statute is to ensure that accident victims receive
medical assistance as soon as possible. Herring v. State,
435 So. 2d
865, 866 (Fla. 3d DCA 1983) (“It is apparent that the purpose of
sections
316.027 and
316.062 is to assure that any injured person is
rendered aid and that all pertinent information concerning insurance
and names of those involved in the traffic accident is exchanged by
the parties.”)....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 1754, 2016 WL 540650
...e
property that results in the death of any person must immediately stop the vehicle at the
scene of the crash, or as close thereto as possible, and must remain at the scene of the
crash until he or she has fulfilled the requirements of [section] 316.062.")....
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2777, 1987 Fla. App. LEXIS 11304, 1987 WL 2129
...The issue in this case is whether a restitution order mandating that Harrington compensate the victim of a traffic accident for damages from the accident is proper where the only crime Harrington was convicted of was leaving the scene of an accident involving injury in violation of section 316.062, Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1758, 1986 Fla. App. LEXIS 9369
PER CURIAM. We conclude that the trial court correctly granted the defendant’s motion to dismiss under Fla.R.Crim.P. 3.190(c)(4) on the ground that the undisputed facts demonstrated that he had complied with the requirements of section
316.062(2), Florida Statutes (1983), and was therefore not in violation, as charged, of section
316.027(1), Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14979
report then a passenger has the duty to make it. §
316.062, F. S. Gregory had reasonable grounds to believe
CopyPublished | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 3768
without complying with the requirements of section
316.062, Florida Statutes (1993), which statute imposes