Florida Statute 316.1935 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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 Casetext

Amendments to 316.1935

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

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

Annotations, Discussions, Cases:

Cases Citing Statute 316.1935

Total Results: 20

Thomas v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

Snippet: without a valid Florida driver license. See §§ 316.1935(3)(a), 843.02, 322.03, Fla. Stat. (2022). He claims

State of Florida v. Hanberry

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-26T00:00:00-07:00

Snippet: sentence therefor. See § 316.1935(1)–(4), Fla. Stat. Pertinent here, section 316.1935(6), provides in part…enforcement, a third-degree felony violative of section 316.1935(2), Florida Statutes (2023). Hanberry ultimately…guilt on the fleeing charge brought under section 316.1935 constitutes an illegal sentence because withholding…erred in withholding adjudication. Section 316.1935 sets forth the crime of fleeing or attempting …sentence for any violation of this section.” § 316.1935(6), Fla. Stat. Thus, as the statute plainly

Rasha J. Cummings v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-20T00:00:00-08:00

Snippet: officer with high speed or reckless driving. § 316.1935(3)(a), Fla. Stat. (2021). We affirm Issue I without…Appellant’s conviction under section 316.1935(3)(a), Florida Statutes. We REVERSE the aforementioned

TREVORISSE THOMAS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-01T00:00:00-08:00

Snippet: elude under section 316.1935(4) but is a “non- aggravated” charge under section 316.1935(3)(a). See Duvall…enforcement officer in contravention of section 316.1935(3)(a), Florida Statutes (2009). Although the Amended…” and tracks the pertinent language of section 316.1935(3)(a), as follows: …property, contrary to the provisions of Section 316.1935(3)(a), Florida Statutes. The erroneous use…cites, the applicable statutory provision, section 316.1935(3)(a). There is no mention in the Amended Information

RAUL J. MARI v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-02T00:53:00-07:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: 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

Court: Fla. | Date Filed: 2020-12-09T23:53:00-08:00

Snippet: causing serious injury or death under section 316.1935(3)(b), Florida Statutes (2010), and vehicular …782.071(1)(a), Florida Statutes (2010). Section 316.1935(3)(b) makes it a first- degree felony to flee…sentence of incarceration as authorized by law. § 316.1935(3)(b), Fla. Stat. (2010). Section 782.071…serious bodily injury or death to another person. § 316.1935(3)(b), Fla. Stat. (2010). Vehicular homicide requires

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

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: 316.1935(2) 28.7 Fleeing to elude 316.1935(1) 28.6 Reckless… 316.1935(3)(a) 28.8 Fleeing to elude 316.1935(2) 28.7 Fleeing…LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of Fleeing…ENFORCEMENT OFFICER — 316.1935(1) CATEGORY ONE CATEGORY TWO …and Lights Activated) § 316.1935(2), Fla. Stat. To prove the crime of Fleeing

STATE OF FLORIDA v. SCOTT BRADLEY RAPSON

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-01T00:53:00-07:00

Snippet: law enforcement officer in violation of section 316.1935(3), Florida Statutes (2017).1 Rapson concedes…error on this point. "Section 316.1935(6) expressly prohibits the court from withholding…adjudication of guilt for any violation of section 316.1935." State v. Teague, 275 So. 3d 828, 829 (

MARQUESE D. GOODMAN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-27T00:53:00-07:00

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

Antonio Dupree v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-22T00:53:00-07:00

Snippet: the vehicle, with siren and lights activated,” § 316.1935(3), Fla. Stat. (2019) (emphasis added), which …had an agency insignia as required by subsection 316.1935(3),” and noting that a city seal may be a jurisdictional

State v. Teague

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-12T00:00:00-07:00

Citation: 275 So. 3d 828

Snippet: law enforcement officer in violation of section 316.1935(1), Florida Statutes (2017), and of possession…), Florida Statutes (2017). *829" Section 316.1935(6) expressly prohibits the court from withholding…adjudication of guilt for any violation of section 316.1935." State v. Culver, 63 So. 3d 891 (Fla. 5th…argument regarding the constitutionality of section 316.1935(6). Case No. 5D18-904 District Court

State v. Teague

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-12T00:00:00-07:00

Citation: 275 So. 3d 828

Michael Deshon Daniel v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-06T00:53:00-07:00

Snippet: causing death or serious bodily injury. See § 316.1935(3)(b), Fla. Stat. (2016). 2 The jury instructions…second-degree fleeing or eluding under section 316.1935(3)(a), Florida Statutes. See Cooper, 634 So. 2d…serious bodily injury or death pursuant to section 316.1935(3)(b), Florida Statutes, and named as victims …victim is sufficient to support this offense. § 316.1935(3)(b), Fla. Stat. See also Fla. Std. Jury Instr

MARCUS JAMES v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-19T23:53:00-08:00

Snippet: fleeing or eluding in violation of subsection 316.1935(2), Florida Statutes. Defendant’s Open No Contest

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

Court: Fla. | Date Filed: 2019-01-04T00:00:00-08:00

Citation: 262 So. 3d 59

Snippet: OFFICER - 316.1935(2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Fleeing to elude 316.1935(1) 28.6 Reckless…OFFICER - 316.1935(3)(a) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Fleeing to elude 316.1935(2) 28.7…OFFICER - 316.1935(3)(b) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Fleeing to elude 316.1935(3)(a) 28.8… 28.8 Fleeing to elude 316.1935(2) 28.7 Fleeing to elude 316.1935(1) 28.6 Reckless Driving (if 316.192… Injury* Fleeing to Elude 316.1935(1) 28.6 LEO Fleeing to Elude LEO 316.1935(3)(b) 28.8128.8(a) Fleeing

DESMOND EUGENE OWENS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-18T23:53:00-08:00

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

James Mobley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-16T00:53:00-07:00

Snippet: sentence after comparing the language from sections 316.1935(6), 775.087(2)(a), and 784.07(3), that require

VINCENT WILLIAMS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-12T00:53:00-07:00

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

Barry Edward Ellis v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-03T00:53:00-07:00

Snippet: siren and lights activated” pursuant to section 316.1935(3), Florida Statutes (2014). Because the state…not have the agency insignia required by section 316.1935(3). Id. The facts of this case are distinguishable…with wanton disregard for the safety of others. § 316.1935(2) & (3), Fla. Stat. (2017) (third degree …convicted of a second-degree felony under section 316.1935(3)(a), Florida Statutes. Ellis appeals, again …of motor vehicles, if involved in the flight. § 316.1935(1)-(7), Fla. Stat. (entitled “Fleeing or attempting