Category: Traffic Offenses · Statute: F.S. 316.061 · Source: Florida Legislature
Understanding Hit and Run (Property Damage) in Florida
In Florida, a "Hit and Run" involving property damage—legally referred to as leaving the scene of a crash under Florida Statute Section 316.061—occurs when a driver collides with another vehicle, a mailbox, a fence, or any other real or personal property, and departs the scene without fulfilling their legal duties. Florida law strictly requires any driver involved in a collision resulting in property damage to immediately stop their vehicle at the scene, or as close to it as possible, and remain there until they have exchanged vital information. This exchange must include the driver's name, address, and vehicle registration number, as well as exhibiting their driver's license if requested by the other party or responding law enforcement.
What distinguishes this offense from felony hit and run charges under Florida Statute Section 316.027 is the complete absence of physical injury or death to any person. Because the impact is limited strictly to property, the offense is classified as a second-degree misdemeanor. However, even if the damaged property is unattended—such as a parked car in a shopping plaza—the driver cannot simply drive away. They must locate the owner or securely attach a written notice containing their contact information and report the collision to local law enforcement immediately. Failing to take these steps elevates a simple traffic accident into a criminal offense.
Bail and Pretrial Release for Property Damage Hit and Run
Because leaving the scene of a crash involving property damage is a second-degree misdemeanor in Florida, defendants are typically booked and may be eligible for immediate release on a standard bond schedule, or released on their own recognizance (ROR) without a financial barrier. However, if the defendant has a history of failing to appear in court, or if the hit and run involved suspected driving under the influence (DUI), a judge at first appearance may set a specific cash or surety bail amount to guarantee future court attendance before release is authorized.
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