Fla. Stat. § 316.1935

Fleeing or Eluding

Unlike resisting on foot, fleeing in a vehicle is always a felony in Florida — and it climbs fast when speed or injury is involved. Here is the structure.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

Always a Felony

Under § 316.1935, willfully fleeing or attempting to elude an officer who has ordered you to stop is always a felony in Florida — there is no misdemeanor version. The degree rises with the danger involved.

The Governing Statute
Fla. Stat. § 316.1935 — Fleeing or Attempting to Elude
"It is unlawful for the operator of any vehicle, having knowledge that he or she has been directed to stop … by a duly authorized law enforcement officer, willfully to refuse or fail to stop … or, having stopped, willfully to flee."
Read the full statute on Online Sunshine →
Fleeing or Eluding — Penalties
Basic fleeing: Third-degree felony (up to 5 years).

With lights/siren activated and high speed or reckless driving: Second-degree felony.

Causing serious injury or death: First-degree felony, up to 30 years, with a mandatory minimum of 3 years.

What a Defense Attorney Looks For

  • Knowledge and willfulness. Whether you knew you were ordered to stop and willfully fled — versus not realizing, or seeking a safe place to pull over.
  • Whether the officer’s signal was proper and identifiable.
  • Identity of the driver.
  • Causation in injury cases, given the severe enhancements.

Frequently Asked Questions

Is fleeing from police always a felony in Florida?
Yes. Under § 316.1935, willfully fleeing or eluding a law enforcement officer in a vehicle is always a felony — there is no misdemeanor version. It escalates to a first-degree felony with a mandatory minimum if serious injury or death results.
What if I didn’t realize the police were signaling me to stop?
Knowledge is a required element. The State must prove you knew you were directed to stop and willfully fled. Not realizing you were signaled, or slowing to find a safe place to stop, can be a defense.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 316.1935 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.