It happens more often than you think. You’re backing out of a tight parking spot at a store, hear a light bump, and notice a tiny scratch on the other car’s bumper. No one’s around, the damage seems minor, and you convince yourself it’s not worth making a big deal over.
But here’s the problem: in Florida, even a small scratch can land you with a criminal charge for leaving the scene of an accident.
What Does Florida Law Say?
Florida has strict requirements for drivers after a crash.
- Florida Statute § 316.061 – If you’re involved in a crash that causes damage to a vehicle or other property that is attended (the owner or driver is present), you must stop immediately, exchange information, and show your driver’s license if asked.
- Florida Statute § 316.063 – If the property is unattended (like a parked car with no one around), you must leave a written note with your name, address, and vehicle registration number. You also need to promptly notify law enforcement.
Failing to follow these steps — no matter how small the damage — can lead to a criminal charge.
Even Minor Damage Counts
Florida law doesn’t set a minimum threshold for property damage. That means:
- A small dent
- A paint transfer
- Or even what you consider “just a scratch”
…all count as legally significant damage. Leaving the scene, even if the accident seems minor, is still a misdemeanor criminal offense if you don’t stop and comply with your legal duties.
Attended vs. Unattended Vehicles
Understanding this distinction is crucial:
- Attended Property: If the owner or driver is present, you must stop, exchange information, and show your license.
- Unattended Property: If no one is around, you must leave a note in a visible place and contact the police to report the incident.
Penalties for Leaving the Scene in Florida
Leaving the scene of an accident involving property damage is a second-degree misdemeanor. Penalties include:
- Up to 60 days in jail
- A fine of up to $500
- Points on your driver’s license and possible suspension
- Increased insurance premiums or even cancellation
While some people think of “hit and run” as only applying to serious crashes, Florida law makes no such distinction when property damage is involved.
Example Scenario
Imagine this: you’re leaving a Publix parking lot in Jacksonville, clip another car’s door, and notice a small scuff. You leave without leaving a note or calling police.
Later, a witness reports your license plate. Even though the damage looked minor, you could still be criminally charged for leaving the scene.
We have had multiple cases, where the client did not even notice they clipped another vehicle and still were charged.
What Should You Do If This Happens?
If you’re ever in doubt, err on the side of caution.
- Stop immediately and check for the owner
- Leave a note if the vehicle is unattended
- Call the non-emergency police line to report it
- Take photos of the scene and notify your insurance company
Following these steps can help you avoid criminal charges.
Get Help from a Florida Criminal Defense Lawyer
Being charged with leaving the scene of an accident — even if it was “only a scratch” — is serious. It can affect your criminal record, driving privileges, and insurance rates.
At Mesic Law, we defend drivers in Jacksonville and across Florida who are facing hit-and-run and leaving the scene charges. We know how stressful these cases can be, and we work to protect your rights, your license, and your future.
Call us today at (904) 619-2510 or visit mesiclaw.com to schedule a confidential consultation.
Quick Summary
- Even minor damage counts under Florida law
- You must stop, exchange information, or leave a note depending on the situation
- Leaving the scene is a second-degree misdemeanor
- Valid defenses may apply — always speak with a lawyer immediately