Florida Statute 316.063 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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316.063 Duty upon damaging unattended vehicle or other property.—

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

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

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

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

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

F.S. 316.063 on Google Scholar

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Amendments to 316.063

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.063

R or S next to points is Mandatory Revocation or Suspension

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

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

Arrestable Offenses / Crimes under Fla. Stat. 316.063

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

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

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

Cases Citing Statute 316.063

Total Results: 9 | Sort by: Relevance | Newest First

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Combs v. State, 436 So. 2d 93 (Fla. 1983).

Cited 227 times | Published | Supreme Court of Florida

...In addition, Nathan Hall, the owner of the parked car, testified that Combs admitted to backing into his truck. Combs objected to the admission of these statements on the grounds that they were made to fulfill his statutory duty to make an accident report under sections 316.063 and 316.066, Florida Statutes (1981), and were therefore privileged under section 316.066(4)....

...Hall that he was the driver of the vehicle involved in the accident. Under these facts the admissions, therefore, are not privileged under Florida Statute 316.066. Furthermore, it was not the intent of the Legislature to extend the Accident Report Privilege to Florida Statute 316.063....

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Powell v. State, 28 So. 3d 958 (Fla. 1st DCA 2010).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 2068, 2010 WL 624233

...We reverse appellant's conviction for Count XI, leaving the scene of an accident, because the state failed to establish the statutory elements of the offense. Appellant claimed in his motion for judgment of acquittal that the state had not presented evidence of damage to property or to another vehicle. Section 316.063(1), Florida *959 Statutes (2005), entitled "[d]uty upon damaging unattended vehicle or other property," provides: The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is un...

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Myers v. State, 426 So. 2d 986 (Fla. 1st DCA 1983).

Cited 2 times | Published | Florida 1st District Court of Appeal

...l investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this chapter in connection with the accident. The offense which Sheffield allegedly committed is defined in Section 316.063, which requires one who collides with and damages an unattended vehicle to immediately stop and locate and notify the owner or attach a note to the vehicle....

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In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016).

Cited 1 times | Published | Supreme Court of Florida | 2016 WL 2757011

UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063(1), Fla. Stat. To prove the crimé of Leaving

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Colbert v. State, 49 So. 3d 819 (Fla. 4th DCA 2010).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18313, 2010 WL 4861708

legislative intent comes from the fact that section 316.063(1), Florida Statutes (2006), addresses crashes

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C. T. T., a child v. State of Florida, 249 So. 3d 1320 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

probation. C.T.T. was charged with violating section 316.063(1), Florida Statutes, which imposes duties

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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019).

Published | Supreme Court of Florida

AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063(1), Fla. Stat. To prove the crime of Leaving

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In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-05., 236 So. 3d 244 (Fla. 2018).

Published | Supreme Court of Florida

AN UNATTENDED VEHICLE OR UNATTENDED PROPERTY § 316.063(1), Fla. Stat. To prove the crime of

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Johntay Amos Dortch v. State of Florida, 255 So. 3d 906 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

1st DCA 2010) (reversing conviction under section 316.063(1), Florida Statutes (2005), because there

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.