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
Select the statutory theory: knowing, willful refusal of an officer’s stop order; willful flight from a prominently marked patrol vehicle with both lights and siren; or an aggravated track. High speed OR wanton disregard adds an enhancement to the marked-vehicle theory, and resulting serious injury/death adds another. Flight while unlawfully leaving a qualifying crash has different prerequisites. Document perception of the order, intentional evasion, markings/warnings, driving conduct, and causation rather than merging the theories.
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Summary sources
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.
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 InstructionAdditional 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.