Fleeing or Attempting to Elude
Willfully failing to stop or fleeing after being ordered to stop by an authorized law enforcement officer.
Florida Statute
§ 316.1935
Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Confirm knowledge of the order to stop, willful flight, patrol-vehicle markings and activated lights or siren when required, driving manner, speed, injury, and prior convictions.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Willful Failure to Stop or Flight
F.S. § 316.1935(1)
Baseline willful refusal, failure to stop, or flight after stopping.
Marked Patrol Vehicle With Siren and Lights
F.S. § 316.1935(2)
Willful flight from an authorized officer in an authorized marked patrol vehicle with siren and lights activated.
High Speed or Wanton Disregard
F.S. § 316.1935(3)(a)
Enhanced fleeing at high speed or with wanton disregard for safety.
Serious Bodily Injury or Death
F.S. § 316.1935(3)(b)
Enhanced fleeing causing serious bodily injury or death.
Aggravated Fleeing After Leaving a Crash—Injury or Property Damage
F.S. § 316.1935(4)(a)
Flight while unlawfully leaving a crash, after an order to stop, that causes injury to another or damage to another's property.
Aggravated Fleeing After Leaving a Crash—Serious Bodily Injury or Death
F.S. § 316.1935(4)(b)
Flight while unlawfully leaving a crash, after an order to stop, that causes serious bodily injury or death.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All required
The defendant was operating a vehicle, knew an authorized law enforcement officer had ordered the defendant to stop, and willfully refused or failed to stop or willfully fled after stopping.
Plain language: Prove operation, knowledge of the order, and willful flight.
- Element 2Conditional
Enhanced tracks
For an enhanced track, prove the required marked-patrol-vehicle and activated siren-and-lights facts, high-speed or wanton-disregard driving, serious bodily injury or death, or other specified enhancement.
Plain language: Match enhancement facts to the exact subsection.
Jury Instructions
Jury Instructions
Instruction 28.8
Fleeing to Elude—Siren and Lights Activated With High Speed or Reckless Driving
Instruction for high-speed or reckless-driving fleeing.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.8(c)
Aggravated Fleeing or Eluding—Leaving Property-Damage Crash Then Causing Serious Bodily Injury or Death
Use for the matching aggravated-fleeing crash sequence.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.7
Fleeing to Elude a Law Enforcement Officer—Siren and Lights Activated
Instruction for the marked patrol vehicle with activated siren and lights track.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.8(b)
Aggravated Fleeing or Eluding—Leaving Injury or Death Crash Then Causing Serious Bodily Injury or Death
Use for the matching aggravated-fleeing crash sequence.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.8(e)
Aggravated Fleeing or Eluding—Leaving Property-Damage Crash Then Causing Injury or Property Damage
Use for the matching aggravated-fleeing crash sequence.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.8(a)
Fleeing to Elude—High Speed or Reckless Driving Causing Serious Bodily Injury or Death
Use when the siren-and-lights/high-speed or reckless track causes serious bodily injury or death.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.8(d)
Aggravated Fleeing or Eluding—Leaving Injury or Death Crash Then Causing Injury or Property Damage
Use for the matching aggravated-fleeing crash sequence.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.6
Fleeing to Elude a Law Enforcement Officer
Baseline fleeing-to-elude instruction.
View Official InstructionVerified against the official instruction source: September 14, 2026
Additional Notes
Additional Notes
Field Check
Record the stop signal, officer authority, vehicle markings, activated lights and siren, the defendant's opportunity to perceive the order, driving behavior, speeds, traffic conditions, and any crash or injury.