Florida Statute 316.1935 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.1935

316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.—

(1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding:

(a) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person’s vehicle, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment. Nothing in this paragraph shall prevent a court from imposing a greater sentence of incarceration as authorized by law.

(4) Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061, having knowledge of an order to stop by a duly authorized law enforcement officer, willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt to elude such officer and, as a result of such fleeing or eluding:

(a) Causes injury to another person or causes damage to any property belonging to another person, commits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person’s vehicle, commits aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or death constitute separate offenses for which a person may be charged, in addition to the offenses under ss. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of committing or attempting to commit when the order to stop was given. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law.

(5) The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4).

(6) Notwithstanding s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section. A person convicted and sentenced to a mandatory minimum term of incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum sentence.

(7) Any motor vehicle involved in a violation of this section is deemed to be contraband, which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. 932.701-932.704. Any vehicle not required to be titled under the laws of this state is presumed to be the property of the person in possession of the vehicle.

History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 4, ch. 85-309; s. 52, ch. 89-282; s. 1, ch. 94-276; s. 896, ch. 95-148; s. 1, ch. 98-274; s. 140, ch. 99-248; s. 1, ch. 2004-388.

Note.—Former s. 316.019.

F.S. 316.1935 on Google Scholar

F.S. 316.1935 on CourtListener

Amendments to 316.1935

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.1935

R or S next to points is Mandatory Revocation or Suspension

S316.1935 FLEEING/ATTEMPTING TO ELUDE A POLICE OFFICER [See 316.1935(5)] - Points on Drivers License: 0 R

S316.1935 (1) Fail obey police officer/flee - Points on Drivers License: 0 R

S316.1935 (2) Flee/elude officer in patrol vehicle (Revoked by court) - Points on Drivers License: 0 R

S316.1935 (3)(a) Flee/elude officer/disregard safety of others (Revoked by Court) - Points on Drivers License: 0 R

S316.1935 (3)(b) Flee/elude officer resulting in serious injury or death (Revoked indefinite/minimum incarceration of 3 years) - Points on Drivers License: 0 R

S316.1935 (4)(a) Fleeing/elude officer after crash involving property damage or injury - Points on Drivers License: 0 R

S316.1935 (4)(b) Fleeing/elude officer after crash involving serious bodily injury or death (Suspend indefinite/minimum incarceration of 3 years) - Points on Drivers License: 0 R

Arrestable Offenses / Crimes under Fla. Stat. 316.1935

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.1935 1 - FLEE/ELUDE POLICE - FAIL TO OBEY LEO ORDER TO STOP - F: T

S316.1935 1 - FLEE/ELUDE POLICE - PENALTY INCREAS TO F/T ON 7/1/04; SEE REC#4154 - M: F

S316.1935 2 - RESIST OFFICER - RENUMBERED. SEE REC # 9479 - F: T

S316.1935 2 - FLEE/ELUDE POLICE - FLEE ELUDE LEO WITH LIGHTS SIREN ACTIVE - F: T

S316.1935 3 - FLEE/ELUDE POLICE - REMOVED - F: S

S316.1935 3a - FLEE/ELUDE POLICE - FLEE ELUDE HIGH SPEED OR DISR SAFETY PERS PROP - F: S

S316.1935 3b - FLEE/ELUDE POLICE - FLEE ELUDE CAUSING INJURY OR DEATH - F: F

S316.1935 4a - RESIST OFFICER - RENUMBERED. SEE REC # 4097 - F: S

S316.1935 4a - FLEE/ELUDE POLICE - AGGRAVATED FLEEING W INJURY OR DAMAGE - F: S

S316.1935 4b - RESIST OFFICER - RENUMBERED. SEE REC # 4098 - F: S

S316.1935 4b - FLEE/ELUDE POLICE - AGGRAV FLEEING W SERIOUS INJURY OR DEATH - F: F

Cases Citing Statute 316.1935

Total Results: 207

United States v. Harrison

558 F.3d 1280, 2009 U.S. App. LEXIS 3014, 2009 WL 395237

Court of Appeals for the Eleventh Circuit | Filed: Feb 19, 2009 | Docket: 1591262

Cited 78 times | Published

Florida's willful fleeing statute, Fla. Stat. § 316.1935(2), is a "violent felony" under the Armed Career

United States v. Fednert Orisnord

483 F.3d 1169, 2007 U.S. App. LEXIS 8287, 2007 WL 1062529

Court of Appeals for the Eleventh Circuit | Filed: Apr 11, 2007 | Docket: 99926

Cited 76 times | Published

the safety of persons or property.” Fla. Stat. § 316.1935(3). The issue of whether “fleeing and eluding”

Polite v. State

973 So. 2d 1107, 2007 WL 2790770

Supreme Court of Florida | Filed: Sep 27, 2007 | Docket: 1292139

Cited 65 times | Published

position or employment of the victim,"[11] and section 316.1935(1), Florida Statutes (2005), which states

In Re Standard Jury Inst. in Crim. Cases No. 2007-03

976 So. 2d 1081, 2008 WL 596805

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1679907

Cited 57 times | Published

6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of Fleeing

United States v. Lee

586 F.3d 859, 2009 U.S. App. LEXIS 23501, 2009 WL 3415706

Court of Appeals for the Eleventh Circuit | Filed: Oct 26, 2009 | Docket: 399477

Cited 56 times | Published

fleeing and eluding in violation of Florida Statute § 316.1935(2), which makes it a third-degree felony to "willfully

Thomas E. Terrell v. Steve Smith

668 F.3d 1244, 2012 WL 255327, 2012 U.S. App. LEXIS 1689

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 2012 | Docket: 354467

Cited 47 times | Published

officer, a third-degree felony. Fla. Stat. Ann. § 316.1935(1) reads in relevant part this way: It is

Jackson v. State

463 So. 2d 372, 10 Fla. L. Weekly 223

District Court of Appeal of Florida | Filed: Jan 17, 1985 | Docket: 1509733

Cited 44 times | Published

initial stop by Wandell, the applicable statute, section 316.1935, Florida Statutes (1983), relating to the

In Re Standard Jury Inst.-Criminal Cases

765 So. 2d 692, 2000 WL 329427

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 428972

Cited 41 times | Published

fleeing to elude a law enforcement officer under section 316.1935(1), Florida Statutes (Supp.1998) (fleeing/failure

In Re Standard Jury Instructions in Criminal Cases—Report 2011-01

73 So. 3d 136, 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064

Supreme Court of Florida | Filed: Sep 8, 2011 | Docket: 2355668

Cited 39 times | Published

6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of Fleeing

United States v. Harris

586 F.3d 1283, 2009 WL 3595130

Court of Appeals for the Eleventh Circuit | Filed: Nov 3, 2009 | Docket: 1599036

Cited 39 times | Published

his prior felony conviction under Fla. Stat. § 316.1935(3)(a) for willfully fleeing or eluding a police

Koch v. State

39 So. 3d 464, 2010 Fla. App. LEXIS 9877, 2010 WL 2671287

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 18330

Cited 37 times | Published

eluding a police officer, a third-degree felony. § 316.1935(2), Fla. Stat. (2007). Koch contends that the

State v. Ayers

901 So. 2d 942, 2005 WL 991571

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1666328

Cited 37 times | Published

fleeing or attempting to elude in violation of section 316.1935, Florida Statutes (2003). Ayers entered a

Livingston Manners v. Officer Ronald Cannella

891 F.3d 959

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 2018 | Docket: 7033796

Cited 35 times | Published

felony of the third degree.... Fla. Stat. § 316.1935 (1). Manners's failure to stop when he reasonably

Merrett v. Moore

58 F.3d 1547, 1995 U.S. App. LEXIS 19476

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 1995 | Docket: 598576

Cited 31 times | Published

could be prosecuted under Florida Statute section 316.1935. But, that statute makes it a crime for a

United States v. Nix

628 F.3d 1341, 2010 WL 5391466

Court of Appeals for the Eleventh Circuit | Filed: Dec 30, 2010 | Docket: 394130

Cited 26 times | Published

eluding at high speed, in violation of Fla. Stat. § 316.1935(3). We reject Nix's challenge to the § 843.01

State v. Barnes

686 So. 2d 633, 1996 WL 681059

District Court of Appeal of Florida | Filed: Nov 27, 1996 | Docket: 1675983

Cited 20 times | Published

appeals the trial court's order declaring section 316.1935(2), Florida Statutes (1995), unconstitutionally

Gasset v. State

490 So. 2d 97, 11 Fla. L. Weekly 1014

District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 1743393

Cited 20 times | Published

to elude a police officer in violation of section 316.1935(1), Florida Statutes (1983) (punishable up

State v. Stephenson

973 So. 2d 1259, 2008 WL 397413

District Court of Appeal of Florida | Filed: Feb 11, 2008 | Docket: 1688392

Cited 17 times | Published

aggravated fleeing and eluding in violation of section 316.1935(3); Florida Statutes (2006), and one count

Travis v. State

700 So. 2d 104, 1997 WL 661830

District Court of Appeal of Florida | Filed: Oct 7, 1997 | Docket: 1373629

Cited 16 times | Published

defendant challenges the constitutionality of section 316.1935(2), Florida Statutes, which provides an enhanced

Ward v. State

59 So. 3d 1220, 2011 Fla. App. LEXIS 6325, 2011 WL 1661109

District Court of Appeal of Florida | Filed: May 4, 2011 | Docket: 60299594

Cited 15 times | Published

activated commits a felony of the third degree.... § 316.1935(2), Fla. Stat. (2005). The jury was also instructed

Jackson v. State

818 So. 2d 539, 2002 WL 63362

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1169465

Cited 15 times | Published

vehicle with siren and lights activated." See § 316.1935(2), Fla. Stat. (2000). Here, the State presented

Anderson v. State

780 So. 2d 1012, 2001 WL 313881

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1298417

Cited 12 times | Published

reverse Anderson's conviction for violation of section 316.1935(2), Florida Statutes (Supp.1998), felony fleeing

State v. Williams

776 So. 2d 1066, 2001 WL 99229

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 422135

Cited 11 times | Published

attempting to elude a law enforcement officer, section 316.1935(3), Florida Statutes (2000), both second degree

Blackburn v. State

447 So. 2d 424

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 1311774

Cited 11 times | Published

NOTES [1] § 810.02, Fla. Stat. (1981). [2] § 316.1935 Fla. Stat. (1981). [3] Wilson v. State, 294

State v. Mitchell

719 So. 2d 1245, 1998 WL 702297

District Court of Appeal of Florida | Filed: Oct 12, 1998 | Docket: 1704959

Cited 10 times | Published

unit of prosecution to be when it drafted section 316.1935, which proscribes fleeing or attempting to

Bryant v. Beary

766 So. 2d 1157, 2000 WL 1227902

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1070715

Cited 8 times | Published

Indeed, it was a felony to fail to do so. Section 316.1935, Florida Statutes (1999), entitled "Fleeing

Bryant v. Beary

766 So. 2d 1157, 2000 WL 1227902

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1070715

Cited 8 times | Published

Indeed, it was a felony to fail to do so. Section 316.1935, Florida Statutes (1999), entitled "Fleeing

Roberto Garces v. United States Attorney General

611 F.3d 1337, 76 A.L.R. Fed. 2d 651, 2010 U.S. App. LEXIS 16233

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 2103406

Cited 7 times | Published

willfully fleeing, in violation of Fla. Stat. § 316.1935. On April 16, 1984, one year after his arrest

Gamble v. State

723 So. 2d 905, 1999 WL 4950

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1319787

Cited 7 times | Published

(1993). [2] § 790.01(2), Fla. Stat. (1993). [3] § 316.1935, Fla. Stat. (1993). [4] § 893.135(1)(b) 1.a

Slack v. State

30 So. 3d 684, 2010 Fla. App. LEXIS 3844, 2010 WL 1076284

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1639297

Cited 6 times | Published

a law enforcement officer in violation of section 316.1935(2), Florida Statutes (2006), on grounds the

Rowley v. State

939 So. 2d 298, 2006 WL 2956514

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 2533136

Cited 6 times | Published

officer, a third degree felony, contrary to section 316.1935(2), Florida Statutes (2004). We affirm the

Mercury Ins. Co. of Florida v. Coatney

910 So. 2d 925, 2005 WL 2240337

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1744554

Cited 6 times | Published

a law-enforcement officer in violation of section 316.1935, Florida Statutes, which is a second degree

Jenkins v. State

884 So. 2d 1014, 2004 WL 2270289

District Court of Appeal of Florida | Filed: Oct 11, 2004 | Docket: 1683041

Cited 6 times | Published

sirens and lights activated, in violation of section 316.1935(2), Florida Statutes (2002), occurred in a

DN v. State

805 So. 2d 63, 2002 WL 54539

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 1669411

Cited 6 times | Published

and eluding a police officer in violation of section 316.1935, Florida Statutes (2000).[2] The United States

Gorsuch v. State

797 So. 2d 649, 2001 WL 1266761

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 1359703

Cited 6 times | Published

argument that the conviction for violation of section 316.1935(3) should be reversed and the cause remanded

AD v. State

740 So. 2d 565, 1999 WL 420288

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 1746357

Cited 6 times | Published

enforcement officer with high speed pursuit pursuant to § 316.1935(2), both of which are third degree felonies;

Green v. State

530 So. 2d 480, 1988 WL 89809

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 1678380

Cited 6 times | Published

to elude a police officer in violation of section 316.1935, Florida Statutes (1985), which provides as

Swift v. State

973 So. 2d 1196, 2008 WL 142087

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 2533500

Cited 5 times | Published

and lights activated, a third-degree felony, section 316.1935, Florida Statutes (2004). At trial, defense

In Re Standard Inst. in Cr. Cases-Report 2007-9

973 So. 2d 432, 2008 WL 89968

Supreme Court of Florida | Filed: Jan 10, 2008 | Docket: 2537478

Cited 5 times | Published

then Causing Serious Bodily Injury or Death) § 316.1935(4)(b) and § 316.027, Fla. Stat. To prove the

Santiago v. State

847 So. 2d 1060, 2003 WL 21338914

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1686741

Cited 5 times | Published

aggravated fleeing or eluding, a violation of section 316.1935(4), Florida Statutes (1999), because the State

Martin v. State

816 So. 2d 187, 2002 WL 832009

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 1753370

Cited 5 times | Published

concur. NOTES [1] § 812.13(2)(a), Fla. Stat. [2] § 316.1935(3), Fla. Stat. [3] § 322.34(5), Fla. Stat. [4]

Moore v. State

561 So. 2d 625, 1990 WL 57793

District Court of Appeal of Florida | Filed: May 3, 1990 | Docket: 1740138

Cited 5 times | Published

activated their blue emergency lights violated Section 316.1935, Florida Statutes, officers had probable cause

United States v. Michael Petite

703 F.3d 1290, 2013 WL 28257

Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 2013 | Docket: 1083900

Cited 4 times | Published

enforcement patrol car in violation of Fla. Stat. § 316.1935(2) is a violent felony for ACCA purposes. After

Bynes v. State

127 So. 3d 556, 2012 WL 5500335, 2012 Fla. App. LEXIS 19727

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60236747

Cited 4 times | Published

aggravated fleeing and eluding pursuant to section 316.1935(3), Florida Statutes (2002), which provides

United States v. Lee

631 F.3d 1343, 2011 U.S. App. LEXIS 2041, 2011 WL 310315

Court of Appeals for the Eleventh Circuit | Filed: Feb 2, 2011 | Docket: 164014

Cited 4 times | Published

Guidelines. 586 F.3d at 1284 (quoting Fla. Stat. § 316.1935(3)(a)). Using the three-step inquiry listed above

McKinney v. State

51 So. 3d 645, 2011 Fla. App. LEXIS 421, 2011 WL 198397

District Court of Appeal of Florida | Filed: Jan 24, 2011 | Docket: 60297692

Cited 4 times | Published

eluding) is not a homicide offense. We agree. Section 316.1935, Florida Statutes, proscribes the offense

Smith v. State

915 So. 2d 692, 2005 WL 3053900

District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 1690558

Cited 4 times | Published

the count for fleeing and eluding the police, § 316.1935(3), Fla. Stat. (2001), as to which the defendant

Sanford v. State

872 So. 2d 406, 2004 WL 950051

District Court of Appeal of Florida | Filed: May 5, 2004 | Docket: 1357334

Cited 4 times | Published

aggravated fleeing and eluding charge, governed by section 316.1935(2), Florida Statutes (1998), in effect at

State v. McCune

772 So. 2d 596, 2000 WL 1759900

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 2590030

Cited 4 times | Published

State, 463 So.2d 372 (Fla. 5th DCA 1985); section 316.1935, Fla. Stat. (1999). The amendment of the statute

Diaz v. State

548 So. 2d 843, 1989 WL 104044

District Court of Appeal of Florida | Filed: Sep 12, 1989 | Docket: 1333409

Cited 4 times | Published

obliged to stop. His failure to do so violated section 316.1935, Florida Statutes (1987), a first degree misdemeanor

Henderson v. State

88 So. 3d 1060, 2012 WL 1994913, 2012 Fla. App. LEXIS 8813, 37 Fla. L. Weekly Fed. D 1308

District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60308127

Cited 3 times | Published

suppress, finding that the stop was valid under section 316.1935, Florida Statutes, because the police stopped

State v. Culver

63 So. 3d 891, 2011 Fla. App. LEXIS 8969, 2011 WL 2415848

District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 2549494

Cited 3 times | Published

officer in violation of section 316.1935(1), Florida Statutes (2009). Section 316.1935(6) expressly prohibits

Dumais v. State

40 So. 3d 850, 2010 Fla. App. LEXIS 10350, 2010 WL 2882446

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 1167458

Cited 3 times | Published

conviction for aggravated fleeing and eluding under section 316.1935(2), Florida Statutes (2007). He argues that

State v. Lacayo

8 So. 3d 385, 2009 Fla. App. LEXIS 1931, 2009 WL 529431

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1222789

Cited 3 times | Published

police officer is a second-degree felony under Section 316.1935(3), Florida Statutes. Defendant essentially

State v. Scriber

991 So. 2d 969, 2008 WL 4224287

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1725174

Cited 3 times | Published

aggravated fleeing and eluding, pursuant to section 316.1935, Florida Statutes (2007). This court has jurisdiction

State v. Herrera

991 So. 2d 390, 2008 WL 4057920

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1724795

Cited 3 times | Published

may also have been subject to arrest under section 316.1935(1), Florida Statutes (2007). Because this

Thomas v. State

958 So. 2d 995, 2007 WL 1514435

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 1413899

Cited 3 times | Published

PLEUS, C.J. and ORFINGER, J., concur. NOTES [1] § 316.1935(1), Fla. Stat. (2005). [2] § 843.02, Fla. Stat

Higgs v. State

948 So. 2d 1024, 2007 WL 543056

District Court of Appeal of Florida | Filed: Feb 23, 2007 | Docket: 1773656

Cited 3 times | Published

to an instruction on the charged offense, see § 316.1935(3)(a), Fla. Stat. (1995), the trial court instructed

Quintana v. State

917 So. 2d 991, 2005 WL 3536230

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 447785

Cited 3 times | Published

and fleeing a law enforcement officer under on § 316.1935(2), Fla. Stat. (2004). Based upon advice provided

Hampton v. State

711 So. 2d 200, 1998 WL 241285

District Court of Appeal of Florida | Filed: May 15, 1998 | Docket: 1337768

Cited 3 times | Published

defendant. [2] § 316.192, Fla. Stat. (1995). [3] § 316.1935, Fla. Stat. (1995). [4] § 316.027, Fla. Stat

Thornton v. State

679 So. 2d 871, 1996 WL 526176

District Court of Appeal of Florida | Filed: Sep 18, 1996 | Docket: 2577384

Cited 3 times | Published

a law enforcement officer, in violation of section 316.1935, Florida Statutes, and aggravated assault

DESMOND EUGENE OWENS v. STATE OF FLORIDA

261 So. 3d 585

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431902

Cited 2 times | Published

recklessly or at a high speed pursuant to section 316.1935(3)(a), Florida Statutes. The defendant appeals

Max Magic Guzman-Aviles v. State

226 So. 3d 339, 2017 Fla. App. LEXIS 12110, 42 Fla. L. Weekly Fed. D 1864

District Court of Appeal of Florida | Filed: Aug 25, 2017 | Docket: 6146715

Cited 2 times | Published

13(2)(a), Fla. Stat. (2012). 2 . § 316.1935(1), Fla. Stat. (2012). 3 .The

United States v. Joseph Symington

781 F.3d 1308, 2015 WL 1323149

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 2015 | Docket: 2644604

Cited 2 times | Published

enforcement officer, in violation of Florida Statute § 316.1935(1), qualifies as a violent felony under the ACCA

United States v. Richard Douglas Travis

747 F.3d 1312, 2014 WL 1329157, 2014 U.S. App. LEXIS 6262

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 2014 | Docket: 192315

Cited 2 times | Published

from a law enforcement officer under Fla. Stat. § 316.1935(1); and (2) a 2011 conviction for aggravated

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

mobility device, swamp buggy, or moped. Fla. Stat. § 316.1935. “Fleeing a law enforcement officer” means 1)

Rivers v. State

124 So. 3d 247, 2013 WL 4483096, 2013 Fla. App. LEXIS 13460

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60235427

Cited 2 times | Published

Fla. Stat. (2008). . § 812.014(2)(c)(6). . § 316.1935(3)(a), Fla. Stat. (2008). . G.C. was approved

T.K. v. State

125 So. 3d 970, 2013 WL 2493764, 2013 Fla. App. LEXIS 9287

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60236140

Cited 2 times | Published

aggravated fleeing and eluding pursuant to section 316.1935(3)(a), Florida Statutes (2012).1 The juvenile

United States v. Dedrick D. Gandy

710 F.3d 1234, 2013 WL 692152

Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 2013 | Docket: 853750

Cited 2 times | Published

enforcement officer in violation of Fla. Stat. § 316.1935(2) 2 and held that it was bound by

Rochester v. State

95 So. 3d 407, 2012 WL 3192726, 2012 Fla. App. LEXIS 13202

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311213

Cited 2 times | Published

the aggravated fleeing and eluding statute — section 316.1935, Florida Statutes (2007) — stated that “no

Kittles v. State

83 So. 3d 958, 2012 WL 833365, 2012 Fla. App. LEXIS 4131

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306551

Cited 2 times | Published

second-degree felony aggravated fleeing and eluding. § 316.1935(3)(a), Fla. Stat. (1999). The concurrent five-year

Lott v. State

74 So. 3d 556, 2011 Fla. App. LEXIS 17874, 2011 WL 5416331

District Court of Appeal of Florida | Filed: Nov 10, 2011 | Docket: 2358364

Cited 2 times | Published

element of "serious bodily injury" contained in section 316.1935(3)(b) distinguishes fleeing or eluding from

Jones v. State

74 So. 3d 149, 2011 Fla. App. LEXIS 17769, 2011 WL 5374773

District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 2354902

Cited 2 times | Published

elude, a second-degree felony in violation of section 316.1935(3)(a), Florida Statutes (2007), and obstruction

DeRosa v. Rambosk

732 F. Supp. 2d 1285, 2010 U.S. Dist. LEXIS 81150, 2010 WL 3190251

District Court, M.D. Florida | Filed: Aug 11, 2010 | Docket: 2342215

Cited 2 times | Published

fleeing and eluding in violation of Florida Statute § 316.1935(1); resisting a law enforcement officer without

DELTORO v. State

35 So. 3d 177, 2010 Fla. App. LEXIS 7658, 2010 WL 2178737

District Court of Appeal of Florida | Filed: Jun 2, 2010 | Docket: 1445289

Cited 2 times | Published

was charged by information with violating section 316.1935(2), Florida Statutes (2008). The information

Gaddy v. State

23 So. 3d 1258, 2009 Fla. App. LEXIS 20366, 2009 WL 5125417

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1657708

Cited 2 times | Published

persons or property, a second-degree felony. See § 316.1935(3)(a), Fla. Stat. (2007). In December 2008, Mr

LDK v. State

32 So. 3d 64, 2009 WL 331662

District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 1198498

Cited 2 times | Published

fleeing or attempting to elude, a violation of section 316.1935, Florida Statutes (2007), and the first-degree

Steil v. State

974 So. 2d 589, 2008 WL 441404

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 1717880

Cited 2 times | Published

fleeing or eluding, a third degree felony. Section 316.1935, Florida Statutes (2005) defines the more

Cruz v. State

956 So. 2d 1279, 2007 WL 1610169

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 1481164

Cited 2 times | Published

Florida listed the lesser-included offenses for section 316.1935(3), Florida Statutes, the fleeing statute

Thomas v. State

933 So. 2d 45, 2006 WL 1329691

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1711933

Cited 2 times | Published

(2002), and fleeing and eluding in violation of section 316.1935(2), Florida Statutes (2002). Thomas was sentenced

Polite v. State

933 So. 2d 587, 2006 WL 1627460

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1712080

Cited 2 times | Published

as simple assault. (Emphasis added). See also § 316.1935, Fla. Stat. (2005)(fleeing or eluding officer);[9]

Green v. State

828 So. 2d 462, 2002 WL 31322534

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 183160

Cited 2 times | Published

(2000). [3] § 810.02(1), Fla. Stat. (2000). [4] § 316.1935, Fla. Stat. (2000). [5] In reaching this conclusion

Snipes v. State

793 So. 2d 1107, 2001 WL 988029

District Court of Appeal of Florida | Filed: Aug 30, 2001 | Docket: 1266266

Cited 2 times | Published

fleeing and eluding, a third degree felony. See § 316.1935(2), Fla. Stat. (1997). Upon remand, the trial

Sampson v. State

793 So. 2d 149, 2001 WL 953424

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1878089

Cited 2 times | Published

of felony fleeing to elude, in violation of section 316.1935(2), Florida Statutes (1997), and was sentenced

Sampson v. State

793 So. 2d 149, 2001 WL 953424

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1878089

Cited 2 times | Published

of felony fleeing to elude, in violation of section 316.1935(2), Florida Statutes (1997), and was sentenced

Fox v. State

700 So. 2d 172, 1997 WL 631859

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 1719643

Cited 2 times | Published

dismiss attacking the constitutionality of section 316.1935(2), Florida Statutes (1995), Florida's Aggravated

Barr v. State

674 So. 2d 628, 1996 WL 266141

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 2574069

Cited 2 times | Published

elude a law enforcement officer pursuant to section 316.1935(1), Florida Statutes (1993), or with reckless

Merrett v. Moore

58 F.3d 1547, 1995 WL 405732

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 1995 | Docket: 64021323

Cited 2 times | Published

could be prosecuted under Florida Statute section 316.1935. But, that statute makes it a crime for a

State v. Stephens

586 So. 2d 1073, 1991 WL 93535

District Court of Appeal of Florida | Filed: Oct 17, 1991 | Docket: 1488077

Cited 2 times | Published

Section 810.02(1), Fla. Stat. (1987). [5] Section 316.1935, Fla. Stat. (1987). [6] Sections 806.13(1)(a)

State v. Teague

275 So. 3d 828

District Court of Appeal of Florida | Filed: Jul 12, 2019 | Docket: 64719900

Cited 1 times | Published

a law enforcement officer in violation of section 316.1935(1), Florida Statutes (2017), and of possession

McCullough v. State

230 So. 3d 586

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219430

Cited 1 times | Published

enforcement officer in an authorized patrol vehicle. § 316.1935(3). Leaving the scene of a crash with death does

LAWTON COHEN v. STATE OF FLORIDA

230 So. 3d 18

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219438

Cited 1 times | Published

element of wanton disregard while fleeing. See § 316.1935(2)(a), Fla. Stat. (2016). When the State pointed

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-07

192 So. 3d 1190, 2016 WL 2757011

Supreme Court of Florida | Filed: May 12, 2016 | Docket: 3063429

Cited 1 times | Published

*1207 [[Image here]] Comments * § 316.1935(4), Fla. Stat., states that a person may be charged

United States v. Casamayor

643 F. App'x 905

Court of Appeals for the Eleventh Circuit | Filed: Feb 24, 2016 | Docket: 65962018

Cited 1 times | Published

high speed, in violation of Florida Statutes § 316.1935(3) — constitutes a “crime of violence” under

United States v. Antone T. Adams

815 F.3d 1291, 2016 WL 125271

Court of Appeals for the Eleventh Circuit | Filed: Jan 12, 2016 | Docket: 3027346

Cited 1 times | Published

attempting to elude, in violation of Fla. Stat. § 316.1935 1 — qualified as violent felonies

Rhodes v. State

168 So. 3d 244, 2015 Fla. App. LEXIS 8270, 2015 WL 3446298

District Court of Appeal of Florida | Filed: May 29, 2015 | Docket: 60248623

Cited 1 times | Published

convicted in Count 8. The judgment correctly cites section 316.1935(3)(a), Florida Statutes, and should show the

Johnson v. State

137 So. 3d 518, 2014 WL 1301444, 2014 Fla. App. LEXIS 4783

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240340

Cited 1 times | Published

provided in s. 775.082, s. 775.083, or s. 775.084. § 316.1935, Fla. Stat. (2002). The felony form of fleeing

Masterson v. State

133 So. 3d 1085, 2014 WL 464013, 2014 Fla. App. LEXIS 1378

District Court of Appeal of Florida | Filed: Feb 4, 2014 | Docket: 60238672

Cited 1 times | Published

information charged Appellant with a violation of section 316.1935(3)(a), Florida Statutes (2010), relating to

Whitehall v. State

81 So. 3d 599, 2012 Fla. App. LEXIS 3674, 2012 WL 716039

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2416010

Cited 1 times | Published

Mr. Whitehall with fleeing to elude under section 316.1935(1), Florida Statutes (2008): (1) It is unlawful

Gallegos v. State

62 So. 3d 1236, 2011 Fla. App. LEXIS 8947, 2011 WL 2341397

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2326909

Cited 1 times | Published

high speed which is a second-degree felony. See § 316.1935(3)(a), Fla. Stat. (2008). [2] Felon in possession

State v. Warner

50 So. 3d 99, 2010 Fla. App. LEXIS 19088, 2010 WL 5093217

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60297481

Cited 1 times | Published

aggravated fleeing and eluding. We find that section 316.1935, Florida Statutes (2008), prohibited the court

M.A.R. v. State

67 So. 3d 232, 2010 Fla. App. LEXIS 14002

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 60302076

Cited 1 times | Published

2007). In this case, no such mandate appears. Section 316.1935(5) applies to defendants “convicted of a violation

Hudson v. United States

727 F. Supp. 2d 1376, 2010 U.S. Dist. LEXIS 75898, 2010 WL 3001196

District Court, S.D. Florida | Filed: Jul 28, 2010 | Docket: 2337475

Cited 1 times | Published

siren and lights activated, Florida Statutes § 316.1935(2); and (2) sale of cocaine.[1] The judgment

Morales v. State

35 So. 3d 122, 2010 Fla. App. LEXIS 6929, 2010 WL 1979276

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 1646472

Cited 1 times | Published

to elude a police officer in violation of section 316.1935(1), Florida Statutes (2004) and resisting

Prescott v. State

23 So. 3d 1251, 2009 Fla. App. LEXIS 20020, 2009 WL 4927896

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1657697

Cited 1 times | Published

and eluding a law enforcement officer under section 316.1935(1), Florida Statutes (2006). The defendant

Joerin v. State

22 So. 3d 157, 2009 Fla. App. LEXIS 18394, 2009 WL 4282605

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 2516274

Cited 1 times | Published

attempting to elude a law enforcement officer under section 316.1935(3)(a), Florida Statutes (2007), a second-degree

TCE v. State

965 So. 2d 338, 2007 WL 2736008

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 1508967

Cited 1 times | Published

NOTES [1] § 812.13(2), Fla. Stat. (2006). [2] § 316.1935(2), Fla. Stat. (2006). [3] § 784.03, Fla. Stat

Mastay v. McDonough

928 So. 2d 512, 2006 Fla. App. LEXIS 7164, 2006 WL 1272557

District Court of Appeal of Florida | Filed: May 11, 2006 | Docket: 64844590

Cited 1 times | Published

prior to serving the mandatory minimum sentence.” § 316.1935(6), Fla. Stat. (2004-2005); § 775.087(2) & (3)

Hobson v. State

908 So. 2d 1162, 2005 WL 1991804

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1397754

Cited 1 times | Published

eluding in violation of section 316.1935(4), Florida Statutes (2002). Section 316.1935(4), provides, in relevant

Arroyo v. State

901 So. 2d 1014, 2005 WL 1163096

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 1216630

Cited 1 times | Published

stopped," willfully fleeing to elude the officer. § 316.1935(1), Fla. Stat. (2002). Subsection (2) converts

State v. Crews

884 So. 2d 1139, 2004 WL 2387080

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988

Cited 1 times | Published

shall not be suspended, deferred, or withheld"); § 316.1935, Fla. Stat. (2003) (involving fleeing or attempting

D.N. v. State

805 So. 2d 63, 2002 Fla. App. LEXIS 261

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 64811758

Cited 1 times | Published

and eluding a police officer in violation of section 316.1935, Florida Statutes (2000).2 The United States

City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck VIN 1FTCR10A4VTA62475 FL Tag 3U16BDE

803 So. 2d 847, 2002 Fla. App. LEXIS 7, 2002 WL 4565

District Court of Appeal of Florida | Filed: Jan 2, 2002 | Docket: 64811404

Cited 1 times | Published

disregard for the safety of persons or property. See § 316.1935(3), Fla. Stat. (2000). In his affidavit, Officer

Roedel v. State

773 So. 2d 1280, 2000 Fla. App. LEXIS 16930, 2000 WL 1878947

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64802613

Cited 1 times | Published

V; U.S. Const. 1; Art. I, § 9, Fla. Const. .§ 316.1935(2), Fla. Stat. (third degree felony of fleeing

State of Florida v. Hanberry

District Court of Appeal of Florida | Filed: Jul 26, 2024 | Docket: 68980754

Published

enforcement, a third-degree felony violative of section 316.1935(2), Florida Statutes (2023). Hanberry ultimately

Rasha J. Cummings v. State of Florida

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103679

Published

officer with high speed or reckless driving. § 316.1935(3)(a), Fla. Stat. (2021). We affirm Issue I without

TREVORISSE THOMAS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68053963

Published

law enforcement officer in contravention of section 316.1935(3)(a), Florida Statutes (2009). Although the

RAUL J. MARI v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 2, 2022 | Docket: 65654672

Published

JJ. PER CURIAM. Affirmed. See § 316.1935(1), Fla. Stat. (stating that fleeing or attempting

TYRONE G. JENKINS, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689371

Published

revoke Jenkins’s driver’s license pursuant to section 316.1935(5), Florida Statutes (2020), due to the fleeing-and-eluding

State of Florida v. Jose Maisonet-Maldonado

Supreme Court of Florida | Filed: Dec 10, 2020 | Docket: 18730865

Published

officer causing serious injury or death under section 316.1935(3)(b), Florida Statutes (2010), and vehicular

Leon F. Harrigan v. Ernesto Rodriguez

Court of Appeals for the Eleventh Circuit | Filed: Oct 13, 2020 | Docket: 18531225

Published

enforcement officer, in violation of Fla. Stat. § 316.1935(3)(a); (2) reckless driving, in violation of

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-10

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761637

Published

LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of Fleeing

STATE OF FLORIDA v. SCOTT BRADLEY RAPSON

District Court of Appeal of Florida | Filed: Nov 1, 2019 | Docket: 16415487

Published

a law enforcement officer in violation of section 316.1935(3), Florida Statutes (2017).1 Rapson concedes

MARQUESE D. GOODMAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 27, 2019 | Docket: 16257092

Published

providing probable cause to stop him for violating section 316.1935(2)."). Nor can we conclude

Antonio Dupree v. State of Florida

District Court of Appeal of Florida | Filed: Jul 22, 2019 | Docket: 15947710

Published

the vehicle, with siren and lights activated,” § 316.1935(3), Fla. Stat. (2019) (emphasis added), which

State v. Teague

275 So. 3d 828

District Court of Appeal of Florida | Filed: Jul 12, 2019 | Docket: 64719901

Published

a law enforcement officer in violation of section 316.1935(1), Florida Statutes (2017), and of possession

Michael Deshon Daniel v. State of Florida

271 So. 3d 1214

District Court of Appeal of Florida | Filed: May 6, 2019 | Docket: 15059370

Published

causing death or serious bodily injury. See § 316.1935(3)(b), Fla. Stat. (2016). 2 The jury instructions

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

] . Fla. Stat. § 316.1935 , Fla. Stat . "Fleeing

VINCENT WILLIAMS v. STATE OF FLORIDA

254 So. 3d 493

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 7863690

Published

informed the court that the fine was mandatory. Section 316.1935(2), Florida Statutes (2016), under which appellant

Barry Edward Ellis v. State of Florida

258 So. 3d 491

District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384506

Published

with siren and lights activated” pursuant to section 316.1935(3), Florida Statutes (2014). Because the state

Barontae D. Roberts v. State

240 So. 3d 883

District Court of Appeal of Florida | Filed: Mar 19, 2018 | Docket: 6349217

Published

supported by the evidence presented in this case. Section 316.1935(2), Florida Statutes (2014), provides that

MARCO CANIDATE v. STATE OF FLORIDA

238 So. 3d 412

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304708

Published

for the safety of persons or property under section 316.1935(3)(a), Florida Statutes (2016). The court

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-05.

236 So. 3d 244

Supreme Court of Florida | Filed: Feb 8, 2018 | Docket: 6299403

Published

6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of

United States v. Terry J. Martin

864 F.3d 1281, 2017 WL 3187338, 2017 U.S. App. LEXIS 13646

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2017 | Docket: 6127332

Published

for felony fleeing to elude under Fla. Stat. § 316.1935(2) qualified as a violent felony under the residual

Kenneth T. Linton v. State

212 So. 3d 1100, 2017 WL 946311, 2017 Fla. App. LEXIS 3197

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 4618891

Published

the death of a person. Id. at 648-49; see also § 316.1935(3)(a)-(b), Fla. Stat. (2008). The McKinney case

Travis Ball v. State

208 So. 3d 327, 2017 Fla. App. LEXIS 300

District Court of Appeal of Florida | Filed: Jan 13, 2017 | Docket: 4571002

Published

manner showing wanton disregard for property. See § 316.1935(3)(a), Fla. Stat. (2013); Bynes v. State, 127

Travis Ball v. State

208 So. 3d 327, 2017 Fla. App. LEXIS 300

District Court of Appeal of Florida | Filed: Jan 13, 2017 | Docket: 4571002

Published

manner showing wanton disregard for property. See § 316.1935(3)(a), Fla. Stat. (2013); Bynes v. State, 127

Clark v. State

207 So. 3d 1019, 2017 Fla. App. LEXIS 58

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 63631921

Published

wanton fleeing law enforcement in violation of section 316.1935(3)(a), Florida Statutes (2013); and (3) leaving

Lucas v. State

192 So. 3d 1269, 2016 WL 3216279, 2016 Fla. App. LEXIS 9010

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077248

Published

instruction. The information tracked the language of section 316.1935(1) (fleeing-to elude a law enforcement officer)

Lucas v. State

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3057067

Published

Fleeing to Elude a Law Enforcement Officer, § 316.1935(1), Fla. Stat.).

Lucas v. State

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3057067

Published

Fleeing to Elude a Law Enforcement Officer, § 316.1935(1), Fla. Stat.).

Ric L. Bradshaw, in his official capacity as the Sheriff of Palm Beach County v. Robert McCormick, Jr.

182 So. 3d 845, 2016 Fla. App. LEXIS 242, 2016 WL 65301

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026024

Published

in violation of one of the subsections of section 316.1935, Florida Statutes (2014). The subsections

Antony Deshawn Melvin v. State of Florida

177 So. 3d 648

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991565

Published

explicit language to that effect.” For example, section 316.1935, which imposes a three-year mandatory minimum

Burns v. State

170 So. 3d 90, 2015 Fla. App. LEXIS 9477, 2015 WL 3824060

District Court of Appeal of Florida | Filed: Jun 22, 2015 | Docket: 60249526

Published

attempting to elude an officer, in violation of section 316.1935(2), Florida Statutes (2011), and for resisting

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2013-04

166 So. 3d 161, 2015 WL 3496499

Supreme Court of Florida | Filed: Jun 4, 2015 | Docket: 2662018

Published

FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of Fleeing

Graham v. State

162 So. 3d 250, 2015 Fla. App. LEXIS 2656, 40 Fla. L. Weekly Fed. D 538

District Court of Appeal of Florida | Filed: Feb 25, 2015 | Docket: 60247459

Published

enforcement with lights and sirens activated under § 316.1935(2), Florida Statutes, should be scored as a level

White v. State

157 So. 3d 428, 2015 Fla. App. LEXIS 1376, 2015 WL 445119

District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631108

Published

fleeing and eluding,” which is a violation of section 316.1935(4)(a), a different offense. The postconviction

United States v. Smith

772 F.3d 680, 2014 WL 6725819

Court of Appeals for the Eleventh Circuit | Filed: Nov 24, 2014 | Docket: 65660898

Published

his prior conviction for violating Fla. Stat. § 316.1935(2)1 for “fleeing and eluding a law enforcement

Trevardo Dermont Dixon v. U.S. Attorney General

768 F.3d 1339, 2014 U.S. App. LEXIS 18777

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 2014 | Docket: 1406867

Published

conviction for aggravated fleeing, Fla. Stat. § 316.1935(4)(a), was not an aggravated felony. He argues

United States v. Flornoy Smith

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 2014 | Docket: 2902297

Published

eluding a law enforcement officer, Fla. Stat. § 316.1935(2), is categorically a violent felony under the

United States v. Flornoy Smith

742 F.3d 949, 2014 WL 523423

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 2014 | Docket: 86605

Published

eluding a law enforcement officer, Fla. Stat. § 316.1935(2), is categorically a violent felony under the

White v. State

135 So. 3d 344, 2013 WL 5849259, 2013 Fla. App. LEXIS 17323

District Court of Appeal of Florida | Filed: Nov 1, 2013 | Docket: 60239569

Published

concur. . § 812.13, Fla. Stat. (2008). . § 316.1935, Fla. Stat. (2008).

State v. Kirer

120 So. 3d 60, 2013 WL 3811589, 2013 Fla. App. LEXIS 11596

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234149

Published

2013). Appellant was charged with violating section 316.1935(1), Florida Statutes (2012), which, in pertinent

United States v. Jonas Coronado-Cura

713 F.3d 597, 2013 WL 1197784, 2013 U.S. App. LEXIS 6079

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 2013 | Docket: 362642

Published

simple vehicle flight as defined in Fla. Stat. § 316.1935(2) is an “aggravated felony” under § 2L1.2(b)(l)(C)

United States v. Jonas Coronado-Cura

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 2013 | Docket: 2903327

Published

simple vehicle flight as defined in Fla. Stat. § 316.1935(2) is an “aggravated felony” under § 2L1.2(b)(1)(C)

Garvin v. State

106 So. 3d 25, 2013 WL 238233, 2013 Fla. App. LEXIS 939

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228158

Published

remanded. CASANUEVA and DAVIS, JJ., Concur. . See § 316.1935(3)(a), Fla. Stat. (2007). . See § 812.014(3)(c)

Gordon v. State

103 So. 3d 231, 2012 WL 6169968, 2012 Fla. App. LEXIS 21385

District Court of Appeal of Florida | Filed: Dec 12, 2012 | Docket: 60227013

Published

was being sentenced for a *232violation of section 316.1935(2), Florida Statutes (2009) (willfully fleeing

McDuffie v. State

135 So. 3d 317, 2012 WL 5076095, 2012 Fla. App. LEXIS 18269

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60239555

Published

(reversing conviction for fleeing to elude under section 316.1935(3) and remanding for entry of judgment on

Hanson v. State

92 So. 3d 288, 2012 WL 2864388, 2012 Fla. App. LEXIS 11394

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60310195

Published

prominently displayed on the vehicle” as required by section 316.1935(2), Florida Statutes (2010). See Slack v.

Pope v. State

95 So. 3d 302, 2012 WL 2813986, 2012 Fla. App. LEXIS 11102

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60311175

Published

convicted of fleeing or attempting to elude under section 316.1935(2), Florida Statutes. . And probably a Bruton

Dutton v. State

89 So. 3d 963, 2012 WL 1393477, 2012 Fla. App. LEXIS 6317

District Court of Appeal of Florida | Filed: Apr 24, 2012 | Docket: 60308859

Published

However, because the trial court was required by section 316.1935(3)(b), Florida Statutes, to impose the minimum

Sanner v. State

63 So. 3d 934, 2011 Fla. App. LEXIS 10176, 2011 WL 2555393

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60301208

Published

and eluding a law enforcement officer under section 316.1935(3)(a), Florida Statutes (2006), claiming that

MAR v. State

67 So. 3d 232, 2010 WL 3655501

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2364165

Published

2007). In this case, no such mandate appears. Section 316.1935(5) applies to defendants "convicted of a violation

Roberto Garces v. United States Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 294401

Published

willfully fleeing, in violation of Fla. Stat. § 316.1935. On April 16, 1984, one year after his arrest

Roberto Garces v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 2907059

Published

willfully fleeing, in violation of Fla. Stat. § 316.1935. On April 16, 1984, one year after his arrest

Erskine v. State

23 So. 3d 1207, 2009 Fla. App. LEXIS 16064, 2009 WL 3446389

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 60281961

Published

fleeing or attempting to elude in violation of section 316.1935(3), Florida Statutes (2006),1 however, is

Matheny v. State

15 So. 3d 658, 2009 Fla. App. LEXIS 8489, 2009 WL 1771631

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 2554287

Published

activated the siren and lights, a violation of section 316.1935(2), Florida Statutes (2007) (Count One); and

L.D.K. v. State

32 So. 3d 64, 2009 Fla. App. LEXIS 1059

District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 60289875

Published

fleeing or attempting to elude, a violation of section 316.1935, Florida Statutes (2007), and the first-degree

Cunniff v. State

986 So. 2d 656, 2008 WL 2668797

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 1728033

Published

eluding pursuant to section 316.1935(4), Florida Statutes (2003). Section 316.1935(4) states: Any person

Williams v. Sirmons

563 F. Supp. 2d 1315, 2008 U.S. Dist. LEXIS 41492, 2008 WL 2222209

District Court, M.D. Florida | Filed: May 27, 2008 | Docket: 2365270

Published

traffic stop, which is itself a felony under section 316.1935, Florida Statutes.[3] Williams counters that

Lykes v. State

972 So. 2d 292, 2008 WL 160965

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 1650185

Published

safety of persons or property in violation of section 316.1935(3)(a), Florida Statutes (2006). He contends

James v. State

973 So. 2d 528, 2007 WL 4458125

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 1687733

Published

wanton disregard, a second-degree felony. See § 316.1935(3)(a), Fla. Stat. (2007). In Ground 5 of the

T.C.E. v. State

965 So. 2d 338, 2007 Fla. App. LEXIS 14695

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 64852545

Published

concur. . § 812.13(2), Fla. Stat. (2006). . § 316.1935(2), Fla. Stat. (2006). .§ 784.03, Fla. Stat

Bass v. State

958 So. 2d 454, 2007 Fla. App. LEXIS 6788, 2007 WL 1296351

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 64851012

Published

Concur. . § 322.34(3)(a), Fla. Stat. (2004). . § 316.1935(3)(a), Fla. Stat. (2004). .§§ 784.021(l)(a)

Harrell v. Campbell

482 F. Supp. 2d 1368, 2007 U.S. Dist. LEXIS 22007, 2007 WL 925738

District Court, N.D. Florida | Filed: Mar 9, 2007 | Docket: 2158335

Published

disregard for the safety of persons or property," § 316.1935(3), Fla. Stat. (emphasis added).[7] The driver

C.U. v. State

945 So. 2d 604, 2006 Fla. App. LEXIS 21293

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 64848436

Published

a law enforcement officer in violation of section 316.1935(1), Florida Statutes, a third degree felony

CU v. State

945 So. 2d 604, 2006 WL 3733297

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1399544

Published

a law enforcement officer in violation of section 316.1935(1), Florida Statutes, a third degree felony

Innis v. State

893 So. 2d 696, 2005 Fla. App. LEXIS 1678, 2005 WL 387544

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 64836102

Published

and sirens activated, “in violation of Florida Statute 316.1935(2).” (Emphasis supplied). In Count IV

Creed v. State

886 So. 2d 301, 2004 Fla. App. LEXIS 17055, 2004 WL 2534226

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64834099

Published

attempting to elude a law enforcement officer under section 316.1935(1), Florida Statutes (2001), which provides:

Anglin v. State

869 So. 2d 674, 2004 Fla. App. LEXIS 4296, 2004 WL 689320

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 64829191

Published

enforcement officer under section 784.07(2)(c). . § 316.1935(3), Fla. Stat. (2001). . Anglin’s offenses

Ross v. State

862 So. 2d 920, 2003 Fla. App. LEXIS 19777, 2003 WL 23094710

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827319

Published

count III, Ross was convicted of violating section 316.1935(2), Florida Statutes (1999), and it is a third-degree

Davis v. State

860 So. 2d 1101, 2003 Fla. App. LEXIS 18812, 2003 WL 22927232

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 64826763

Published

(Count I), a second-degree felony pursuant to section 316.1935(3), Florida Statutes (2002); felony DUI (Count

Singletary v. State

829 So. 2d 978, 2002 Fla. App. LEXIS 16126, 2002 WL 31477148

District Court of Appeal of Florida | Filed: Nov 7, 2002 | Docket: 64818784

Published

enforcement officer at high speed in violation of section 316.1935(3), Florida Statutes (2000). First, the trial

Borroto v. State

829 So. 2d 272, 2002 Fla. App. LEXIS 13478, 2002 WL 31093929

District Court of Appeal of Florida | Filed: Sep 20, 2002 | Docket: 64818569

Published

AFFIRMED. SHARP, W. and PALMER, JJ., concur. . § 316.1935(3), Fla. Stat. (1999). . § 812.014(2)(c)(6)

Wilson v. State

808 So. 2d 1285, 2002 Fla. App. LEXIS 2958, 2002 WL 377028

District Court of Appeal of Florida | Filed: Mar 12, 2002 | Docket: 64812993

Published

prominently displayed on the vehicle” as required by section 316.1935(3), Florida Statutes (1999). We therefore

Nelson v. State

820 So. 2d 309, 2001 Fla. App. LEXIS 12258, 2001 WL 991584

District Court of Appeal of Florida | Filed: Aug 31, 2001 | Docket: 64816197

Published

843.01, Fla. Stat. . § 843.02, Fla. Stat. . § 316.1935, Fla. Stat. . The other issue raised by appellant

West v. State

788 So. 2d 348, 2001 Fla. App. LEXIS 7839, 2001 WL 617364

District Court of Appeal of Florida | Filed: Jun 7, 2001 | Docket: 64806394

Published

with aggravated fleeing and eluding under section 316.1935(3), Florida Statutes. This offense is a second

Wilder v. State

775 So. 2d 430, 2001 Fla. App. LEXIS 259, 2001 WL 37724

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 64802985

Published

and eluding police officers in violation of section 316.1935, Florida Statutes (1999). Defendant was sentenced

Beree v. State

755 So. 2d 783, 2000 Fla. App. LEXIS 4228, 2000 WL 370178

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64796779

Published

and eluding a law enforcement officer under section 316.1935(2), Florida Statutes (1997). Because the evidence

Williams v. State

749 So. 2d 587, 2000 Fla. App. LEXIS 722, 2000 WL 85268

District Court of Appeal of Florida | Filed: Jan 28, 2000 | Docket: 64794222

Published

, concur. . § 784.021(l)(a), Fla. Stat. . § 316.1935(2), Fla. Stat. .§ 790.23, Fla. Stat. . Pierce

Carroll v. State

742 So. 2d 820, 1999 Fla. App. LEXIS 11034, 1999 WL 618129

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 64791500

Published

jail for a period not to exceed one year. See § 316.1935(1), Fla. Stat. (1997). Under the State v. Mancino

A.D. v. State

740 So. 2d 565, 1999 Fla. App. LEXIS 8521

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 64790662

Published

enforcement officer with high speed pursuit pursuant to § 316.1935(2), both of which are third degree felonies;

Kee v. State

727 So. 2d 1094, 1999 Fla. App. LEXIS 2420, 1999 WL 111124

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 64786648

Published

a law enforcement officer in violation of section 316.1935(2), Florida Statutes (1995). The information

Munro v. State

714 So. 2d 677, 1998 Fla. App. LEXIS 9865, 1998 WL 454046

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 64781906

Published

conviction for aggravated fleeing and eluding under section 316.1935(2), Florida Statutes (1995), because appellant

Keough v. State

714 So. 2d 666, 1998 Fla. App. LEXIS 9706, 1998 WL 429053

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 64781884

Published

fleeing and eluding, which is proscribed by section 316.1935(2), Florida Statutes: (2) Any person who,

Jacobs v. State

715 So. 2d 300, 1998 Fla. App. LEXIS 8020, 1998 WL 349483

District Court of Appeal of Florida | Filed: Jul 2, 1998 | Docket: 64782027

Published

offense. The statute involved in this case, section 316.1935, prohibits fleeing or attempting to elude

Benton v. State

708 So. 2d 1002, 1998 WL 135227

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1057646

Published

for felony fleeing to elude, a violation of section 316.1935(2), Florida Statutes (1995), and reckless

Nylen v. State

707 So. 2d 409, 1998 Fla. App. LEXIS 2624, 1998 WL 115860

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 64779623

Published

the statute making fleeing to elude a felony, § 316.1935(2), Florida Statutes (1995), is unconstitutionally

Gulley v. State

706 So. 2d 110, 1998 Fla. App. LEXIS 1590, 1998 WL 66935

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 64779048

Published

We affirm Marvin Gulley’s conviction under section 316.1935(2), Florida Statutes (1995), for fleeing or

Jensen v. State

705 So. 2d 147, 1998 Fla. App. LEXIS 1381, 1998 WL 64027

District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 64778668

Published

including aggravated fleeing or eluding under section 316.1935(2), Florida Statutes (1997). This court lacks

Mallard v. State

699 So. 2d 797, 1997 Fla. App. LEXIS 10716, 1997 WL 586789

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 64775955

Published

or attempting to elude a police officer. See § 316.1935, Fla. Stat. (1995). Although this charge was

State v. Shaw

693 So. 2d 582, 1997 Fla. App. LEXIS 943, 1997 WL 55666

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 64773420

Published

judge’s order, entered after trial, declaring section 316.1935(2), Florida Statutes (1995), unconstitutional

Rolling v. State

619 So. 2d 20, 1993 WL 153755

District Court of Appeal of Florida | Filed: May 14, 1993 | Docket: 1721753

Published

13(2)(a), Fla. Stat. [2] § 790.23, Fla. Stat. [3] § 316.1935, Fla. Stat. [4] The remaining two issues have

Sams v. State

600 So. 2d 1297, 1992 Fla. App. LEXIS 6747, 1992 WL 143598

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 64668560

Published

§§ 843.01 and 843.02, Fla.Stat. (1987). . § 316.1935, Fla.Stat. (1987).

Staten v. State

595 So. 2d 1112, 1992 Fla. App. LEXIS 3882, 1992 WL 64460

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 64666143

Published

A.C.J., and LEHAN and HALL, JJ., concur. . § 316.1935, Fla.Stat. (1989).

Lape v. State

569 So. 2d 529, 15 Fla. L. Weekly Fed. D 2793

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 1189749

Published

[1] Section 843.01 Fla. Stat. (1989). [2] Section 316.1935(1) Fla. Stat. (1989). [3] Section 784.021(1)(a)

J.R.S. v. State

483 So. 2d 834, 11 Fla. L. Weekly 544, 1986 Fla. App. LEXIS 6496

District Court of Appeal of Florida | Filed: Feb 26, 1986 | Docket: 64617549

Published

TO INCARCERATE A MINOR FOR A VIOLATION OF SECTION 316.-1935, FLORIDA STATUTES? We accepted jurisdiction