Hit and Run Laws Traffic Laws Criminal Law Florida Laws

Florida Hit and Run Laws: Penalties and What to Do

January 11, 202211 min read

Understanding Florida Hit and Run Laws

Last verified: March 2026. This guide reflects Florida Statutes Chapter 316, including the 2025 amendments (HB 479, effective October 1, 2025).

Florida treats hit and run offenses seriously. The state consistently ranks among the highest in the nation for hit and run fatalities, prompting lawmakers to strengthen penalties over the past decade. Whether you are involved in a minor fender-bender or a fatal collision, Florida law requires you to stop, identify yourself, and provide assistance.

This guide breaks down every penalty tier, your legal obligations, statute of limitations deadlines, insurance implications, and defenses available under current Florida law.

Penalty Tiers for Hit and Run in Florida

Florida divides hit and run penalties into four categories based on the severity of the crash. Each tier carries different criminal classifications, fines, and potential prison time.

Florida tow truck hook and chain attached to a vehicle frame

Property Damage Only (F.S. 316.061)

Leaving the scene of a crash that results only in damage to a vehicle or other property is a second-degree misdemeanor.

Maximum jail time: 60 days
Maximum fine: $500
Points on license: Varies by court
Restitution: As of October 1, 2025, courts may order restitution to the property owner for damages caused by the driver's vehicle under HB 479 (Chapter 2025-14)

If your vehicle is damaged and obstructing traffic but still drivable, failure to move it is a separate nonmoving traffic violation.

Injury (Non-Serious Bodily Injury) (F.S. 316.027(2)(a))

Leaving the scene of a crash that causes injury to another person, where the injury does not rise to the level of "serious bodily injury," is a third-degree felony.

Maximum prison time: 5 years
Maximum fine: $5,000
License revocation: Minimum 3 years
Felony record: Permanent unless sealed or expunged

This classification covers injuries such as cuts, bruises, sprains, and minor fractures that do not create a substantial risk of death.

Serious Bodily Injury (F.S. 316.027(2)(b))

Florida defines "serious bodily injury" as a physical condition that creates a substantial risk of death, causes serious personal disfigurement, or results in protracted loss or impairment of a bodily function. Leaving the scene after causing such injuries is a second-degree felony.

Maximum prison time: 15 years
Maximum fine: $10,000
License revocation: Minimum 3 years

Death (F.S. 316.027(2)(c))

A fatal hit and run is a first-degree felony carrying some of the harshest penalties in Florida criminal law.

Maximum prison time: 30 years
Mandatory minimum: 4 years in state prison (cannot be reduced or suspended)
Maximum fine: $10,000
License revocation: Minimum 3 years

The mandatory minimum of 4 years was established by the Aaron Cohen Life Protection Act, named after a 31-year-old cyclist and father of two who was fatally struck by an impaired hit and run driver in south Florida in February 2012.

If the driver was under the influence of alcohol or drugs at the time of the crash, the mandatory minimum remains 4 years, but additional DUI charges can significantly increase total sentencing.

Offenders with prior convictions for hit and run, racing on highways, or DUI must be held in custody until a bail hearing.

Your Legal Duties After a Crash (F.S. 316.062)

Florida law requires every driver involved in a crash to take the following steps immediately. These duties apply regardless of who was at fault.

Stop immediately. Pull over at the scene of the crash or as close to the scene as safely possible. Do not drive away, even briefly, without first stopping.

Provide your information. Give the other driver, property owner, or responding law enforcement officer your name, address, vehicle registration number, and driver's license (if requested).

Render reasonable assistance. If anyone is injured, you must provide reasonable assistance. This includes calling 911 and arranging transportation to a medical facility if needed.

Move your vehicle if safe. If your vehicle is blocking traffic and is still operable, move it to a safe location nearby. Remaining in the travel lanes creates additional hazards.

Report the crash. If a law enforcement officer is not present at the scene, report the crash to the nearest police authority. Under F.S. 316.065, a written report must be filed within 10 days if the crash caused death, injury, or property damage of $500 or more.

If you hit unattended property: Leave a written notice in a conspicuous place on the damaged vehicle or property with your name, address, and contact information. Then notify the nearest police station.

Enhanced Penalties for Vulnerable Road Users

Under F.S. 316.027(2)(f), Florida provides enhanced penalties when hit and run victims are "vulnerable road users." When the victim falls into one of these categories, the offense is ranked one level higher for sentencing purposes under Florida's Criminal Punishment Code.

Vulnerable road users include:

Pedestrians, including highway workers and emergency responders on foot
Bicyclists and electric bicycle riders
Motorcyclists and scooter operators
Persons in wheelchairs or on electric personal assistive mobility devices
Skateboarders and roller skaters
Persons riding animals or driving animal-drawn carriages
Farm tractor operators on public roads

Florida's high pedestrian and cyclist fatality rates make this provision particularly significant. In 2023, pedestrians accounted for 23% and cyclists for 7% of all traffic deaths statewide according to NHTSA data.

When Does a Hit and Run Become a Felony?

In Florida, a hit and run becomes a felony the moment any person is injured. The specific felony level depends on the severity:

Any injury to another person: third-degree felony
Serious bodily injury: second-degree felony
Death: first-degree felony

Additional felony charges may apply depending on the circumstances:

Vehicular homicide if the driver operated the vehicle recklessly
DUI manslaughter if the driver was intoxicated
Fleeing and eluding if law enforcement was present and the driver fled from officers
Reckless driving causing serious bodily injury or death

Prosecutors can stack these charges, meaning a single incident could result in multiple felony convictions with consecutive sentences.

Statute of Limitations

Understanding filing deadlines is critical for both criminal prosecution and civil lawsuits.

Civil Claims

Personal injury: 2 years from the date of the accident (reduced from 4 years by HB 837, effective March 24, 2023)
Property damage: 4 years from the date of the accident under F.S. 95.11(3)
Wrongful death: 2 years from the date of death

Criminal Prosecution

Misdemeanor (property damage only): 1 year
Third-degree felony (injury): 3 years
Second-degree felony (serious injury): 3 years
First-degree felony (death): 4 years

Report the crash to law enforcement as quickly as possible. Prompt reporting preserves evidence and witness memories.

Insurance Implications in Florida

Florida is a no-fault insurance state. This affects how hit and run claims are handled.

Personal Injury Protection (PIP). Florida requires all drivers to carry at least $10,000 in PIP coverage. After a hit and run, your own PIP insurance pays for your medical expenses and lost wages up to policy limits, regardless of who caused the crash.

Uninsured Motorist (UM) Coverage. If the hit and run driver is never identified, your uninsured motorist coverage (if you carry it) can cover damages beyond PIP limits. UM coverage is not required in Florida but is strongly recommended.

Filing a claim against the at-fault driver. You may file a lawsuit against the hit and run driver if your injuries meet Florida's "serious injury threshold," meaning they resulted in significant and permanent loss of a bodily function, permanent scarring or disfigurement, or death.

Do not admit fault at the scene. Anything you say can be used against you in insurance negotiations and court proceedings. Provide the facts to officers and let investigators determine responsibility.

Dangerous Instrumentality Doctrine

Florida follows the "dangerous instrumentality doctrine." Under this legal principle, vehicle owners can be held vicariously liable for damages caused by anyone driving their vehicle with permission.

If someone commits a hit and run while driving your car with your consent, you could face civil liability for the victim's injuries and property damage. This creates significant financial exposure for vehicle owners who lend their vehicles to others.

Consult an attorney immediately if someone else was driving your vehicle during a hit and run incident.

Crash Reporting Requirements

Under F.S. 316.065, you must file a written crash report within 10 days if law enforcement did not respond to the scene and the crash involved:

Death or injury to any person
Property damage of $500 or more

You can file a crash report online through FLHSMV or at your nearest law enforcement office.

Common Defenses to Hit and Run Charges

Every case depends on its specific facts. Common legal defenses include:

Lack of knowledge: You genuinely did not know you were involved in a crash. However, Florida law presumes knowledge if the crash resulted in injury or death.
Safety concerns: You left the scene because you reasonably feared for your physical safety, such as an aggressive or threatening victim.
Compliance with the law: You fulfilled all legal requirements (stopping, providing information, rendering aid) before leaving the scene.
No actual injury or damage: The alleged victim did not actually suffer injury, or no property damage occurred.
Not the driver: Someone else was operating your vehicle.
Medical emergency: You left the scene to seek urgent medical care for yourself or a passenger.

Working with an experienced criminal defense attorney is essential if you face hit and run charges.

Florida Traffic Crash Statistics

According to the Insurance Institute for Highway Safety (IIHS) and NHTSA data for 2023:

Total traffic deaths: 3,396
Death rate: 15.0 per 100,000 population
Deaths per 100 million vehicle miles: 1.42
Pedestrian deaths: 771 (23% of total)
Motorcyclist deaths: 667 (20%)
Bicyclist deaths: 230 (7%)
Urban crashes: 75% of fatalities

Florida consistently ranks among the top states for both overall traffic fatalities and hit and run deaths. The high number of pedestrian and cyclist fatalities underscores why the legislature created enhanced penalties for offenses involving vulnerable road users.

More Florida Laws

Sources and References

F.S. 316.027: Crash Involving Death or Personal Injuries (2025)(flsenate.gov).gov
F.S. 316.061: Crashes Involving Damage to Vehicle or Property (2025)(flsenate.gov).gov
F.S. 316.062: Duty to Give Information and Render Aid (2025)(flsenate.gov).gov
F.S. 316.065: Crash Reports (2025)(leg.state.fl.us).gov
HB 479 (2025): Leaving the Scene Restitution(flsenate.gov).gov
HB 837 (2023): Tort Reform - Statute of Limitations Change(flsenate.gov).gov
F.S. 95.11: Statute of Limitations (2025)(leg.state.fl.us).gov
FLHSMV: Hit-and-Run Awareness(flhsmv.gov).gov
NHTSA Traffic Safety Data(nhtsa.gov).gov