The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: CS/SB 1378
INTRODUCER: Transportation Committee and Senator Arrington
SUBJECT: Leaving the Scene of a Crash Involving Only Damage to Vehicle or Property
DATE: March 31, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Fav/CS
2. Parker Stokes CJ Pre-meeting
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1378 authorizes a court to order a driver who is convicted of leaving the scene of a crash,
who caused or otherwise contributed to the crash, that resulted in damage to a vehicle or other
property which is driven or attended by any person, to make restitution to the vehicle or property
owner for any damage caused by the driver’s vehicle.
The bill does not appear to have a fiscal impact on state or local government. The bill may have
an indeterminate positive fiscal impact on the private sector. See Section V., Fiscal Impact
Statement for details.
This bill takes effect October 1, 2025.
II. Present Situation:
Duty to Give Information and Render Aid
Section 316.062, F.S., outlines a driver’s duties to give information and render aid if he or she is
involved in a crash resulting in personal injury, death, or property damage, including but not
limited to:
• Giving his or her name, address, and the registration number of the vehicle he or she is
driving to any person injured in such crash, or to the driver or occupant of or person
REVISED: BILL: CS/SB 1378 Page 2
attending any vehicle or other property damaged in the crash, or to any police officer at the
scene of the crash or who is investigating the crash;
• Exhibiting his or her license or permit to drive, upon request and if available, to any such
person or police officer specified above; and
• Rendering reasonable assistance to any injured person, including carrying such person to a
physician, surgeon, or hospital for medical or surgical treatment if it is apparent that
treatment is necessary or upon the injured person’s request.
Crashes Involving Damage to Vehicle or Other Property
Under s. 316.061(1), F.S., 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 must immediately stop
such 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, F.S., related to the
duty to give information and render aid.
A person who violates s. 316.061(1), F.S., by leaving the scene of a crash involving damage to a
vehicle or property which is attended by another person commits a second degree misdemeanor,
1
and must pay an additional fine of $5, which is deposited in the Emergency Medical Services
Trust Fund, which is used to improve and expand prehospital emergency medical services.
2
Under s. 316.063(1), F.S., 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, must immediately stop and 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 must securely attach 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 must notify the nearest office of a duly authorized police
authority.
A person who violates s. 316.063(1), F.S., by leaving the scene of a collision or crash with any
vehicle or other property which is unattended, resulting in any damage to such other vehicle or
property, commits a second degree misdemeanor.
Crash Involving Death or Personal Injuries
Under s. 316.027(2), F.S., the driver of a vehicle involved in a crash occurring on public or
private property which results in death or personal injury to another 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, F.S., related to the
duty to give information and render aid.
1
A second degree misdemeanor is punishable by up to six months in county jail and a $500 fine. See ss. 775.082 and
775.083, F.S.
2
Section 401.113, F.S. BILL: CS/SB 1378 Page 3
A person who violates s. 316.027(2), F.S., by leaving the scene of a crash involving death or
personal injuries commits a:
• Third degree felony,
3
if the crash results in injury to a person other than serious bodily
injury.
4
• Second degree felony,
5
if the crash results in serious bodily injury to a person.
6
• First degree felony,
7
if the crash results in the death of a person and must be sentenced to a
four year mandatory minimum term of imprisonment.
8
Notwithstanding the general requirements for restitution under s. 775.089(1)(a), F.S., the court
must order a person who violates s. 316.027(2), F.S., to make restitution to the victim for any
damage or loss unless the court finds clear and compelling reasons not to order the restitution.
9,10
The Legislature added the restitution requirement to s. 316.027, F.S., in 2007.
11
Restitution
Unless a court finds clear and compelling reasons not to order restitution, s. 775.089(1)(a), F.S.,
requires a court to order a defendant to make restitution to a victim for damage or loss:
• Caused directly or indirectly by the defendant’s offense; and
• Related to the defendant’s criminal episode.
The Florida Supreme Court has interpreted s. 775.089(1)(a), F.S., to require any damage for
which restitution is ordered to bear a significant relationship to, and be directly or indirectly
caused by, the convicted offense.
12
III. Effect of Proposed Changes:
The bill amends s. 316.061(1), F.S., authorizing a court to order a driver who is convicted of
leaving the scene of a crash, who caused or otherwise contributed to the crash, that resulted in
damage to a vehicle or other property which is driven or attended by any person to make
restitution to the owner of such vehicle or other property for any damage that was caused by the
driver’s vehicle.
3
A third degree felony is punishable by up to five years in prison and a $5,000 fine. See ss. 775.082, F.S., 775.083, F.S., or
775.084, F.S.
4
Section 316.027(2)(a), F.S.
5
A second degree felony is punishable by up to 15 years in prison and a $10,000 fine. See ss. 775.082, F.S., 775.083, F.S., or
775.084, F.S.
6
Section 316.207(2)(b), F.S.
7
A first degree felony is punishable by up to 30 years in prison and a $10,000 fine. See ss. 775.082, F.S., 775.083, F.S., or
775.084, F.S.
8
Section 316.027(2)(c), F.S.
9
Section 316.207(2)(d), F.S.
10
The court must also order payment to the Crimes Compensation Trust Fund (CCTF) under ch. 960, F.S., which covers
expenses such as physical and mental health care and other compensable costs. Section 316.027(2), F.S., is the only leaving
the scene offense that qualifies as a “crime” under s. 960.03(3)(b), F.S., and thus is the only leaving the scene offense for
which a victim is eligible to receive an award from the CCTF and for which a court may order the defendant to pay
restitution to the CCTF.
11
Chapter 2007-211, Laws of Fla.
12
See, e.g., Glaubius v. State, 688 So. 2d 913, 915 (Fla. 1997) (citing State v. Williams, infra note 12). BILL: CS/SB 1378 Page 4
The bill takes effect October 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may have an indeterminate positive fiscal impact on the private sector by
authorizing a court to order a driver, who caused or otherwise contributed to the crash, is
convicted of unlawfully leaving the scene of a crash to make restitution for any damage
that he or she caused to another person’s vehicle or other property.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: CS/SB 1378 Page 5
VIII. Statutes Affected:
This bill substantially amends section 316.061 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation on March 25, 2025:
• Authorizes, rather than requires, a court to order a driver to make restitution for
specified damage.
• Specifies that the driver must have caused or otherwise contributed to the crash
before a court is authorized to order restitution for specified damage.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.