Category: Criminal Offenses · Statute: F.S. 316.1935 · Source: Florida Legislature
Understanding Fleeing and Eluding Police in Florida
In Florida, fleeing and eluding police is a serious criminal offense governed by Section 316.1935 of the Florida Statutes. This charge arises when a motorist, having knowledge that they have been ordered to stop by a law enforcement officer, willfully refuses to pull over and instead attempts to flee or evade the officer. To secure a conviction, the state must prove the driver knew an authorized officer had ordered them to stop, yet they deliberately chose to continue driving in an attempt to escape. This offense is distinct from a simple traffic infraction because it requires active, willful defiance of a lawful command to stop.
The severity of a fleeing and eluding charge escalates rapidly based on the driver's conduct and the consequences of the flight. A basic offense, where a driver simply refuses to stop for an active siren and emergency lights, is charged as a third-degree felony. However, if the driver operates the vehicle at high speed or with a wanton disregard for public safety, the charge increases to a second-degree felony. If the high-speed flight results in a crash causing serious bodily injury or death to another person, the offense is elevated to a first-degree felony, carrying a mandatory minimum prison sentence under Florida law.
Bail and Pretrial Release for Fleeing and Eluding
Because fleeing and eluding inherently involves an attempt to escape authority, Florida judges often view defendants as heightened flight risks during first appearance hearings. Consequently, bail amounts for these offenses are typically set higher than for other non-violent felonies. Furthermore, under Florida Statute Section 316.1935, any vehicle used in the commission of this offense is subject to immediate seizure and forfeiture, which can complicate a defendant's ability to secure collateral for a bail bond.