Florida Statutes

Fla. Stat. § 316.1935 (2025)

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

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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 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 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. This paragraph does not 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. This subsection does not 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; s. 1, ch. 2025-75.

Note.—Former s. 316.019.

Arrestable Offenses under F.S. 316.1935

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§316.1935(1)FLEE/ELUDE POLICEPENALTY INCREAS TO F/T ON 7/1/04; SEE REC#4154M · 1st

§316.1935(1)FLEE/ELUDE POLICEFAIL TO OBEY LEO ORDER TO STOPF · 3rd

§316.1935(2)RESIST OFFICERRENUMBERED. SEE REC # 9479F · 3rd

§316.1935(2)FLEE/ELUDE POLICEFLEE ELUDE LEO WITH LIGHTS SIREN ACTIVEF · 3rd

§316.1935(3)FLEE/ELUDE POLICEREMOVEDF · 2nd

§316.1935(3a)FLEE/ELUDE POLICEFLEE ELUDE HIGH SPEED OR DISR SAFETY PERS PROPF · 2nd

§316.1935(3b)FLEE/ELUDE POLICEFLEE ELUDE CAUSING INJURY OR DEATHF · 1st

§316.1935(4a)FLEE/ELUDE POLICEAGGRAVATED FLEEING W INJURY OR DAMAGEF · 2nd

§316.1935(4a)RESIST OFFICERRENUMBERED. SEE REC # 4097F · 2nd

§316.1935(4b)RESIST OFFICERRENUMBERED. SEE REC # 4098F · 2nd

§316.1935(4b)FLEE/ELUDE POLICEAGGRAVATED FLEEING W SERIOUS INJURY OR DEATHF · 1st

Civil Citations under F.S. 316.1935

Driver's license points · R = revocation · S = suspension

§316.1935(1)Fail obey police officer/fleeR

§316.1935(2)Flee/elude officer in patrol vehicle (Revoked by court)R

§316.1935(3)(a)Flee/elude officer/disregard safety of others (Revoked by Court)R

§316.1935(3)(b)FLEE/ELUDE OFFICER- SBI or death (Revoked indefinite/minimum incarceration of 3 years)R

§316.1935(4)(a)Fleeing/elude officer after crash involving property damage or injuryR

§316.1935(4)(b)FLEE/ELUDE OFFICER- After Crash, SBI or death (REV indefinite/min incarceration of 3 yrs.)R

Notes of Decisions

Cited in 278 cases (20 in the last 5 years), 1983–2026 · leading case: United States v. Harrison, 558 F.3d 1280 (11th Cir. 2009).

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United States v. Harrison, 558 F.3d 1280 (11th Cir. 2009). · cites it 17× “HULL, Circuit Judge: This appeal presents the question of whether a prior state conviction for violating subsection 2 of Florida’s willful fleeing statute, Fla. Stat. § 316.1935 (2), is a “violent felony” under the Armed Career Criminal Act (“ACCA”), 18 U.”

United States v. Harris, 586 F.3d 1283 (11th Cir. 2009). · cites it 17× “He argues that his prior felony conviction under Fla. Stat. § 316.1935 (3)(a) for willfully fleeing or eluding a police officer at high speed or with wanton disregard for the safety of persons or property should not qualify as a “crime of violence,” as defined by U.”

United States v. Michael Petite, 703 F.3d 1290 (11th Cir. 2013). · cites it 11× “The sole question the defendant has raised on appeal is whether his prior conviction for intentional vehicular flight from an authorized law enforcement patrol car in violation of Fla. Stat. § 316.1935 (2) is a violent felony for ACCA purposes.”

United States v. Dedrick D. Gandy, 710 F.3d 1234 (11th Cir. 2013). · cites it 9× “As relevant to this appeal, the district court also addressed Gandy’s 2001 conviction for fleeing or attempting to elude a law enforcement officer in violation of Fla. Stat. § 316.1935 (2) 2 and held that it was bound by precedent in this Circuit to hold that this crime was not…”

In Re Stand. Jury Inst.-Crim. Cases, 765 So. 2d 692 (Fla. 2000). · cites it 18× “[10: A Revised Instruction for Eluding an Officer (Fleeing/Failure to Stop)] FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER F.S. 316.1935 Before you can find the defendant guilty of Fleeing or Attempting to Elude a Police Officer, the State *703 must prove the following three…”

Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010). · cites it 26× “While subsections (1) and (2) of section 316.1935 are punishable in the same fashion without regard to any enhancement statute, we have interpreted Sanders in a way that makes this immaterial.”

McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). · cites it 26× “§ 316.1935(3). Leaving the scene of a crash with death does not contain such an element and instead requires willfully leaving the scene of a crash with death.”

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). · cites it 10× “A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.”

Dumais v. State, 40 So. 3d 850 (Fla. 4th DCA 2010). · cites it 22× “" § 316.1935(2), Fla. Stat. (2007). We affirm.”

In Re Stand. Jury Instructions in Crim. Cases—Report 2011-01, 73 So. 3d 136 (Fla. 2011). · cites it 11× “6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt: 1.”

Berkemer v. McCarty, 468 U.S. 420 (1984). · cites it 2× “21, § 4103 (1979); Fla. Stat. § 316.1935 (Supp. 1984); III. Rev.”

Gorsuch v. State, 797 So. 2d 649 (Fla. 3d DCA 2001). · cites it 12× “Section 316.1935 Florida Statutes (2000) provides: Fleeing or attempting to elude a law enforcement officer; aggravated fleeing and 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…”

Show all 278 citing cases →

— 316.1935(1) — 55 cases

In Re Stand. Jury Inst.-Crim. Cases, 765 So. 2d 692 (Fla. 2000). “[10: A Revised Instruction for Eluding an Officer (Fleeing/Failure to Stop)] FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER F.S. 316.1935 Before you can find the defendant guilty of Fleeing or Attempting to Elude a Police Officer, the State *703 must prove the following three…”

Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010). “While subsections (1) and (2) of section 316.1935 are punishable in the same fashion without regard to any enhancement statute, we have interpreted Sanders in a way that makes this immaterial.”

Polite v. State, 973 So. 2d 1107 (Fla. 2007).

Gorsuch v. State, 797 So. 2d 649 (Fla. 3d DCA 2001). “Section 316.1935 Florida Statutes (2000) provides: Fleeing or attempting to elude a law enforcement officer; aggravated fleeing and 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…”

Anderson v. State, 780 So. 2d 1012 (Fla. 4th DCA 2001).

— 316.1935(2) — 70 cases

Dumais v. State, 40 So. 3d 850 (Fla. 4th DCA 2010). “" § 316.1935(2), Fla. Stat. (2007). We affirm.”

Travis v. State, 700 So. 2d 104 (Fla. 1st DCA 1997).

United States v. Harrison, 558 F.3d 1280 (11th Cir. 2009). “HULL, Circuit Judge: This appeal presents the question of whether a prior state conviction for violating subsection 2 of Florida’s willful fleeing statute, Fla. Stat. § 316.1935 (2), is a “violent felony” under the Armed Career Criminal Act (“ACCA”), 18 U.”

State v. Barnes, 686 So. 2d 633 (Fla. 2d DCA 1996).

— 316.1935(2)(a) — 1 case

Lawton Cohen v. State of Florida, 230 So. 3d 18 (Fla. 4th DCA 2017).

— 316.1935(3) — 34 cases

State v. Williams, 776 So. 2d 1066 (Fla. 4th DCA 2001).

United States v. Dedrick D. Gandy, 710 F.3d 1234 (11th Cir. 2013). “As relevant to this appeal, the district court also addressed Gandy’s 2001 conviction for fleeing or attempting to elude a law enforcement officer in violation of Fla. Stat. § 316.1935 (2) 2 and held that it was bound by precedent in this Circuit to hold that this crime was not…”

— 316.1935(3)(a) — 37 cases

Kenneth T. Linton v. State, 212 So. 3d 1100 (Fla. 5th DCA 2017).

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.”

In Re Stand. Jury Instructions in Crim. Cases—Report 2011-01, 73 So. 3d 136 (Fla. 2011). “6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt: 1.”

Jones v. State, 74 So. 3d 149 (Fla. 2d DCA 2011).

Desmond Eugene Owens v. State of Florida, 261 So. 3d 585 (Fla. 4th DCA 2018).

— 316.1935(3)(b) — 14 cases

McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). “§ 316.1935(3). Leaving the scene of a crash with death does not contain such an element and instead requires willfully leaving the scene of a crash with death.”

Kenneth T. Linton v. State, 212 So. 3d 1100 (Fla. 5th DCA 2017).

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2013-04, 166 So. 3d 161 (Fla. 2015).

— 316.1935(4) — 8 cases

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019).

Santiago v. State, 847 So. 2d 1060 (Fla. 2d DCA 2003).

Hobson v. State, 908 So. 2d 1162 (Fla. 1st DCA 2005).

— 316.1935(4)(a) — 8 cases

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016).

In Re Stand. Jury Instructions in Crim. Cases-report No. 2013-04, 166 So. 3d 161 (Fla. 2015).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019).

— 316.1935(4)(b) — 7 cases

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2013-04, 166 So. 3d 161 (Fla. 2015).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019).

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016).

— 316.1935(5) — 3 cases

M.A.R. v. State, 67 So. 3d 232 (Fla. 2d DCA 2010).

Tyrone G. Jenkins, Jr. v. State of Florida (Fla. 4th DCA 2022).

MAR v. State, 67 So. 3d 232 (Fla. 2d DCA 2010).

— 316.1935(6) — 13 cases

State v. Scriber, 991 So. 2d 969 (Fla. 4th DCA 2008).

Kemar Rochester v. State of Florida, 140 So. 3d 973 (Fla. 2014).

Rochester v. State, 95 So. 3d 407 (Fla. 4th DCA 2012).

Montgomery v. State, 36 So. 3d 188 (Fla. 2d DCA 2010).

Mastay v. McDonough, 928 So. 2d 512 (Fla. 1st DCA 2006).

— 316.1935(7) — 1 case

Ric L. Bradshaw, in his Off. capacity as the Sheriff of Palm Beach Cnty. v. Robert McCormick, Jr., 182 So. 3d 845 (Fla. 4th DCA 2016).

— 316.1935(8)(a) — 1 case

Masterson (M.D. Fla. 2025).

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