In Florida, Fleeing and Eluding (F&E) is governed by Florida Statute § 316.1935. Unlike many traffic offenses, this is always a felony, and the prosecution is not required to prove that you intended to commit an underlying crime, only that you intended to flee from law enforcement.
Legal Triggers (The “Elements” of the Crime)
To secure a conviction, the state must prove the following beyond a reasonable doubt: 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
- Knowledge of the Command: The driver knew they had been directed to stop by a duly authorized law enforcement officer.
- Willful Refusal: The driver willfully failed 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.
Levels and Enhancements
Fleeing and Eluding is a “tiered” offense; the penalties increase based on the driver’s behavior and the resulting harm.
- Simple Fleeing and Eluding
- Trigger: 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 Willfully failing to stop for a marked cruiser with lights and sirens.
- Classification: 3rd Degree Felony.
- Fleeing and Eluding at High Speed or with Reckless Disregard
- Trigger: Fleeing as described above, but while driving at high speed or demonstrating a “wanton disregard for the safety of persons or property.” ● Classification: 2nd Degree Felony.
- Fleeing and Eluding with Serious Bodily Injury or Death
- Trigger: Fleeing with high speed/reckless disregard, and as a result, causing serious bodily injury or death to another person.
- Classification: 1st Degree Felony.
- Special Enhancement: This carries a 3-year mandatory minimum prison sentence.
Legal Consequences
The penalties in Florida are severe and often carry “non-negotiable” components:
- Criminal Penalties:
○ 3rd Degree: Up to 5 years in prison / $5,000 fine.
○ 2nd Degree: Up to 15 years in prison / $10,000 fine.
○ 1st Degree: Up to 30 years in prison / $10,000 fine.
- Mandatory Driver’s License Revocation:
○ A conviction requires a mandatory revocation of your driver’s license for 1 to 5 years.
- The “Adjudication” Rule:
○ Florida law prohibits a judge from “withholding adjudication” on Fleeing and Eluding charges. If you are found guilty or plead, you must be convicted as a felon, which results in the loss of civil rights
(firearms, voting).
- Vehicle Forfeiture:
○ Under the Florida Contraband Forfeiture Act, the police may seize and keep the vehicle used during the flight.
Defending Fleeing & Eluding Charges Require Careful Review
- Review of the dashcam or bodycam footage
- Timing and distance between officer and suspect
- Whether the command to stop was clearly communicated
- Whether the command to stop was clearly received
