In Florida, leaving the scene of a crash is a crime, and how serious it is depends on what the crash caused. Leaving after property damage only is a second-degree misdemeanor. Willfully leaving after an injury is a third-degree felony, after serious bodily injury a second-degree felony, and after a death a first-degree felony with a four-year mandatory minimum prison term (§§ 316.061 and 316.027, Fla. Stat.).
What Counts as a Hit and Run in Florida
Florida has three separate leaving-the-scene laws instead of one hit and run law. Each one covers a different kind of crash.
- Attended vehicle or property. If a crash damages a vehicle or property that someone is driving or attending, you must stop, stay, and meet the duties in section 316.062. Violating section 316.061(1) is a second-degree misdemeanor.
- Unattended vehicle or property. Under section 316.063(1), you must stop and either find the owner or leave a conspicuous written notice with your name, address and vehicle registration number. You must also notify the nearest authorized police authority without unnecessary delay. Failing to do so is a second-degree misdemeanor.
- Injury or death. Section 316.027 covers crashes involving injury or death, and it expressly applies on public or private property (§ 316.027(2)).
“Serious bodily injury” has a statutory definition. It is a physical condition that creates a substantial risk of death, serious personal disfigurement, or a protracted loss or impairment of the function of a bodily member or organ (§ 316.027(1)(a)).
The statutes apply to any driver “involved” in the crash. The charge rests on leaving and failing to meet the required duties, so who caused the collision doesn’t settle it.
What Are a Driver’s Duties After a Crash?
Under section 316.062(1), you must:
- give your name, address and vehicle registration number
- show your license if someone asks for it and you have it with you
- give reasonable assistance to an injured person when treatment appears necessary or the person asks for it
If nobody at the scene can receive that information and no officer is present, you must report the crash to the nearest authorized police authority after doing the other duties as far as possible (§ 316.062(2)).
Reporting is a separate duty. Under section 316.065(1), you must give immediate notice to police when a crash causes injury, death or apparent property damage of $2,000 or more. Where no police report is required, the driver must send the department a written crash report within 10 days on a department-approved form (§ 316.066(1)(e)).
Do You Go to Jail for a Hit and Run in Florida?
It depends on the grade of the offense. The figures below are statutory maximums. A judge isn’t required to impose them.
| Situation | Offense level | Maximum jail or prison | Maximum fine | Source |
|---|---|---|---|---|
| Attended property damage only | Second-degree misdemeanor | 60 days | $500, plus a $5 EMS Trust Fund addition | §§ 316.061(1), 775.082(4)(b), 775.083(1) |
| Unattended property damage only | Second-degree misdemeanor | 60 days | $500 | §§ 316.063(1), 775.082, 775.083 |
| Injury (not serious) | Third-degree felony | 5 years | $5,000 | §§ 316.027(2)(a), 775.082(3), 775.083 |
| Serious bodily injury | Second-degree felony | 15 years | $10,000 | §§ 316.027(2)(b), 775.082, 775.083 |
| Death | First-degree felony, 4-year mandatory minimum | 30 years | $10,000 | §§ 316.027(2)(c), 775.082, 775.083 |
Fines can run higher where a statute authorizes it (§ 775.083(1)). Maximum terms come from section 775.082.
Other consequences:
- Death cases. A court-approved departure from the mandatory minimum is possible in qualifying cases. It is not available if the violation was committed while driving under the influence (§ 316.027(2)(c), (g)). A person arrested in a death case who has a prior conviction for certain listed offenses, including violations of sections 316.027, 316.061, 316.191 or 316.193, must be held until brought before a court for bail consideration.
- Restitution. For injury or death violations, the court must order restitution unless it finds clear and compelling reasons not to (§ 316.027(2)(d)). For a section 316.061 conviction, the court may order a driver who caused or contributed to the crash to pay restitution for damage caused by the driver’s vehicle.
- License. A driver who violates section 316.027 must have their license revoked for at least three years (§ 316.027(2)(e)). The property-damage provisions don’t carry that three-year revocation.
If alcohol or drugs were involved, the DUI charge is a separate case with its own consequences, covered under DUI defense. A DUI arrest also brings a separate 10-day window to challenge the license suspension.
Is a Parking Lot Hit and Run Still a Crime?
When someone is hurt or killed, yes. Section 316.027 expressly applies to crashes on public or private property, so a parking lot isn’t outside the law just because it’s private (§ 316.027(2)).
Will police investigate a parking lot hit and run? The statutes set out reporting duties and authorize enforcement. They don’t say what steps police will take on any particular report. Under section 316.063, the offense is leaving an unattended vehicle without the required notice, so a driver who leaves the note and notifies police has met that duty.
What Changed in Florida Hit and Run Law in 2026?
Effective October 1, 2026, the damage amount that triggers immediate notice to law enforcement under section 316.065 rose from $500 to $2,000 (Ch. 2026-39, Laws of Fla.; SB 488).
That threshold doesn’t replace the separate duties to stop, exchange information, render aid, or leave notice for an unattended vehicle. The offense categories and penalties in sections 316.027, 316.061 and 316.063 are the ones in the table above. The $5 addition to a section 316.061 fine doesn’t change how that offense is classified.
What Defenses Can Apply to a Hit and Run Charge?
A defense review looks at who was driving, what the State can prove about knowledge, and whether the statutory duties were met, which is the work of criminal defense. Areas that get examined:
- Identity. The State must prove you were the driver of a vehicle involved in the qualifying crash.
- Knowledge. For a felony under section 316.027, the State must prove actual knowledge that a crash occurred (State v. Dorsett, 158 So. 3d 557 (Fla. 2015)). It must also prove you knew or reasonably should have known of the injury or death (State v. Mancuso, 652 So. 2d 370 (Fla. 1995)). Dorsett addressed section 316.027, and section 316.061 is worded differently, so the same rule doesn’t automatically carry over to every property charge.
- The elements themselves. Section 316.061 requires damage to attended property. In 2026 the Fourth District reversed a property-damage conviction where there was no evidence of damage to anything other than the defendant’s own vehicle (Ward v. State, No. 4D2025-0770, Feb. 25, 2026).
- Type of harm and duties. Whether the crash caused the damage or injury charged, and whether you completed the statutory duties.
Civil fault rules don’t decide the criminal case. Florida’s “51% rule” in section 768.81(6) applies to negligence lawsuits. It doesn’t determine whether a leaving-the-scene charge is proved.
How Long Does a Hit and Run Stay on Your Record?
Florida has no general automatic expiration date for a hit and run record. It offers court-ordered sealing and expunction instead.
- Sealing (§ 943.059). You must not have been adjudicated guilty in the case or ever adjudicated guilty of a criminal offense in Florida, must be off court supervision, and must never have had a prior sealing or expunction. The record also can’t be on the ineligible list in section 943.0584. A withhold of adjudication meets the not-adjudicated requirement, but every other requirement still applies.
- Expunction (§ 943.0585). A case that ended with no charges, a dismissal or nolle prosequi, or an acquittal may qualify if the statutory requirements are met.
Eligibility depends on the specific case, and both routes require a certificate of eligibility from FDLE first.
How a Hit and Run Case Moves Through Broward County Courts
- Which court. Misdemeanor and criminal traffic cases go to the County Court Criminal Division. Its judges sit at the Central Courthouse, 201 SE 6th Street, Fort Lauderdale 33301, and at the regional courthouses in Hollywood, Plantation and Deerfield Beach.
- Clerk’s offices. The Clerk’s Traffic and Misdemeanor office is in the West Building, first floor, Room 1130. The Clerk lists felony services in the North Building of the Central Courthouse.
- Court appearance. The Clerk says a criminal traffic or misdemeanor charge requires a court appearance. People who live outside Broward, Miami-Dade and Palm Beach Counties may be eligible for plea by mail, but not for a not-guilty plea.
- First appearance. Hearings are held in Room 4155 of the Broward County Courthouse West Tower, with video links to the facilities where BSO holds arrested people. Dockets run at 8:30 a.m. and 1:00 p.m. on weekdays, and at 8:30 a.m. only on weekends and court holidays (AO 2026-28-Crim, Amendment 1). Rule 3.130 requires an arrested person to be taken before a judge within 24 hours.
- Deadlines. Under Rule 3.134, formal charges are due within 30 days of an in-custody arrest. If none are filed, release on recognizance comes on day 33 (day 40 on good cause). For someone on pretrial release, the limit is 60 days. Speedy trial is 90 days for a misdemeanor and 175 for a felony, counted from formal charging (Rule 3.191(a)).
- Case lookup. Anyone can search a case by name, case number or citation number on the Clerk’s Web2 case search.
Frequently Asked Questions
What is the new rule of hit and run?
The 2026 change that applies to crashes is the reporting threshold in section 316.065, which rose from $500 to $2,000 on October 1, 2026 (SB 488). The offense categories and penalties remain the ones set out in sections 316.027, 316.061 and 316.063.
What happens if you leave the scene of an accident in Florida?
The charge depends on what the crash caused, from a second-degree misdemeanor for property damage up to a first-degree felony when someone dies. The penalties table above lists the maximum jail or prison terms and fines for each level.
Talking to a Lawyer About Your Case
Adam D. Harmelin defends DUI and criminal cases in Broward County from his office in downtown Fort Lauderdale. If you’ve been charged with leaving the scene of a crash, you can call (954) 294-9372.
This article is general information about Florida law, not legal advice about your case.