Florida's New Hit-and-Run Law Lets Courts Order Restitution for Property Damage

Florida has closed a long-standing gap for drivers whose parked cars, fences, and mailboxes get hit by someone who then speeds off. A new state law gives judges express authority to order those hit-and-run drivers to pay for the damage they leave behind.

The measure, House Bill 479 (enacted as the committee substitute, CS/HB 479), was approved by Governor Ron DeSantis on April 29, 2025 and took effect on October 1, 2025. It is recorded as Chapter 2025-14, Laws of Florida.

Information last verified on June 20, 2026.

What HB 479 Actually Changes

HB 479 amends Florida Statutes section 316.061, the statute that governs crashes "involving damage to vehicle or property." That statute already required any driver involved in such a crash to "immediately stop such vehicle at the scene of such crash or as close thereto as possible" and to remain at the scene until exchanging information as required by section 316.062.

What the prior version lacked was a clean restitution mechanism for the property owner. The bill adds language stating that the court "may order a driver convicted of a violation of this section, who caused or otherwise contributed to the crash, to make restitution to the owner of a vehicle or other property damaged in the crash for any damage that was caused by the driver's vehicle."

Two limits are written into that sentence. First, restitution is available only when the fleeing driver "caused or otherwise contributed to the crash." Second, it is tied to "any damage that was caused by the driver's vehicle," not to unrelated losses.

The bill cleared both chambers with no opposition. The Florida House passed it 107-0 on April 3, 2025, and the Florida Senate passed it 36-0 on April 16, 2025, according to the official Senate bill record. It was carried by Representative Dan Daley in the House and Senator Kristen Arrington in the Senate.

The Penalty Grade Did Not Go Up

It is worth being precise about what HB 479 does and does not do. The criminal classification for leaving the scene of a property-only crash did not change. Under section 316.061, that offense "commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083."

A second-degree misdemeanor in Florida carries a maximum of 60 days in jail under section 775.082, plus fines under section 775.083. The statute also tacks on a $5 surcharge that is deposited into the Emergency Medical Services Trust Fund.

So HB 479 is best understood as a victim-compensation reform layered on top of an existing misdemeanor, not a sentencing-enhancement bill. The new power is the restitution order, exercised by the judge at the criminal disposition.

Where the Heavy Penalties Still Live

Hit-and-run cases that involve a hurt or killed person are not governed by section 316.061 at all. They fall under Florida Statutes section 316.027, which is structured very differently.

Under that statute, willfully leaving the scene of a crash that results in serious bodily injury is a second-degree felony, and a driver convicted faces a driver license revocation of at least three years. Leaving the scene of a crash that results in death is a first-degree felony, and the statute requires "a mandatory minimum term of imprisonment of 4 years." The same four-year mandatory minimum applies where the fleeing driver was impaired.

That split matters for anyone reading HB 479 headlines. The new restitution authority is meaningful for fender-benders, parking-lot strikes, and damaged property, but it sits at the lowest rung of Florida's leaving-the-scene ladder.

How a Restitution Order Works in Practice

Restitution is a court order, not an automatic payout. Under HB 479 the judge "may" order it, which means it is discretionary and is decided as part of the criminal case rather than in a separate civil lawsuit. The order is entered against the driver who was convicted of the section 316.061 offense.

The statute ties the amount to "any damage that was caused by the driver's vehicle." In Florida criminal cases generally, restitution is meant to compensate the victim for the actual loss flowing from the crime, so a property owner who can document repair costs, a replacement value, or the diminished value of a damaged vehicle has a concrete basis to present to the court.

The practical significance is the venue. Before HB 479, a property owner whose unattended or attended vehicle was struck by a driver who then fled often had to recover through a personal insurance claim or a stand-alone civil action. Folding restitution into the criminal disposition gives prosecutors a reason to gather damage documentation and gives victims a route that does not depend on filing and funding their own civil suit.

Because the authority is discretionary, outcomes will not be uniform. Whether a judge orders restitution, and how much, depends on the proof of damage, the driver's role in the crash, and the facts of the case as presented at disposition.

How Hit-and-Run Duties Compare Across Jurisdictions

Every US state, and every Canadian province, imposes some version of the same core duty: stop, stay, and identify yourself after a crash. The penalties and the mechanics of victim recovery vary widely.

For a sense of how another state frames the same property-damage scenario, the Iowa hit-and-run statute sets out comparable stop-and-remain duties with its own grading scheme. Comparing two state statutes side by side shows how Florida's restitution tweak fits into a much larger national patchwork.

The duty is not unique to the United States. Canada handles failure to stop as a federal Criminal Code offense, and our overview of Canada's hit-and-run laws explains how the national framework operates alongside provincial traffic rules. Individual provinces then layer on their own consequences, as seen in Quebec's hit-and-run laws and Prince Edward Island's hit-and-run laws.

Reading those pages together with the Florida change underscores a common theme. Lawmakers keep looking for ways to make sure the person who flees, not the innocent owner of a damaged car or fence, ultimately bears the cost.

Analysis: Why This Matters

The following analysis reflects the views of the Recording Law Editorial Team.

HB 479 is a small statutory edit with an outsized practical point. Before it, a property owner whose parked car was struck by a hit-and-run driver often had to chase the loss through their own insurer, absorb a deductible, or pursue a separate civil claim that may never be worth the filing fee. By writing restitution directly into the criminal statute, Florida gives prosecutors and judges a built-in tool to make the at-fault, fleeing driver pay at the point of conviction.

The restraint in the drafting is notable. Lawmakers did not reclassify the offense or attach a new mandatory minimum to property-only crashes. They added a discretionary judicial power instead. That keeps the change proportionate. A second-degree misdemeanor stays a second-degree misdemeanor, while the victim gets a clearer path to being made whole.

The unanimous votes in both chambers suggest restitution for crash victims is one of the rare criminal-justice topics with broad bipartisan support. We would expect other states watching Florida to consider similar low-friction restitution language, because it targets the precise harm in a hit-and-run, which is a driver shifting the cost of damage onto someone who did nothing wrong.

Readers should not treat this article as legal advice. Whether restitution is ordered in any given case, and in what amount, is a fact-specific decision for the court. Anyone facing a leaving-the-scene charge or seeking restitution should consult a licensed Florida attorney.