Leaving the Scene of an Accident in Florida: Penalties

The short answer

In Florida, leaving the scene of a crash with only property damage is a second degree misdemeanor. Leaving the scene of a crash involving injury is a third degree felony, involving serious bodily injury is a second degree felony and involving death is a first degree felony with a four year mandatory minimum prison sentence. Every conviction involving injury also brings a license revocation of at least three years.

Key takeaways

Drivers must stop, give information and render aid.
Property damage only is a second degree misdemeanor.
Injury crashes make leaving the scene a felony.
A crash involving death carries a 4 year mandatory minimum.
Knowledge of the crash is a key element.

What does Florida law require after a crash?

Drivers involved in a crash must stop at or as close as possible to the scene, remain until they have given their name, address and registration and shown their license, and render reasonable assistance to anyone injured. If a driver hits an unattended vehicle or property, they must locate the owner or leave a written notice and report the crash.

What are the penalties for leaving the scene?

Property damage only. Second degree misdemeanor under § 316.061, Fla. Stat..
Injury. Third degree felony under § 316.027, Fla. Stat..
Serious bodily injury. Second degree felony.
Death. First degree felony with a four year mandatory minimum.
License. Revocation of at least three years for injury or death cases.

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What defenses apply to leaving the scene charges?

The State must prove the driver knew or should have known a crash occurred. Defenses include lack of knowledge, mistaken identity of the driver or vehicle, leaving for safety reasons such as a threat at the scene, and evidence that the driver did return or report the crash.

What should you do if you left the scene?

Do not talk to police about the crash before getting legal advice. An attorney can investigate, preserve video and help decide whether and how to come forward. How the situation is handled early can significantly affect the charges.

Frequently asked questions

Is hit and run a felony in Florida?

It is a felony when anyone is injured or killed. Property damage only is a misdemeanor.

What if I did not know I hit something?

Knowledge is an element. If you did not know and reasonably should not have known, that can be a defense.

Will I lose my license for leaving the scene?

Cases involving injury or death require revocation of at least three years.

Can leaving the scene charges be reduced?

Often, depending on the facts, the evidence of knowledge and whether the driver later reported the crash.

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Florida law referenced: § 316.027, § 316.061, Florida Statutes (2025).

This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.