What is the penalty for fleeing or eluding police in Florida?

Many fleeing cases start as an ordinary traffic stop that goes wrong in a few seconds: a driver panics, keeps going for a few blocks, or pulls away after stopping. Florida treats all of these as felonies, and the details of the patrol car, the speed and any injury decide how serious. How Mr. Mead defends criminal traffic charges is on our criminal traffic citations page.

What does the State have to prove, step by step?

1. An order to stop. A "duly authorized law enforcement officer" ordered the driver to stop (s. 316.1935(1)).
2. Knowledge. The driver had "knowledge that he or she has been ordered to stop."
3. A willful refusal or flight. The driver willfully refused or failed to stop, or stopped in compliance and then willfully fled to elude the officer.
4. For the higher levels, the patrol car. The officer was in an "authorized law enforcement patrol vehicle, with agency jurisdictional markings prominently displayed," with "siren and lights activated" (s. 316.1935(2), (3)).
5. For the top levels, how the driver drove and what happened. High speed or wanton disregard for safety, and whether anyone suffered serious bodily injury or death (s. 316.1935(3)), or injury or damage while also leaving a crash scene (s. 316.1935(4)).

What are the penalties at each level?

Maximum prison terms and fines come from ss. 775.082 and 775.083; the full scale is in our Florida criminal penalties chart. The severity level feeds the sentencing scoresheet, explained in how a felony sentence is calculated in Florida.

What else comes with a fleeing conviction?

Three consequences apply at every level. First, the court "shall revoke" the driver license for not less than 1 year and not more than 5 years (s. 316.1935(5)). Second, "no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence" (s. 316.1935(6)), so a fleeing conviction is always a conviction; a withhold, explained in what a withhold of adjudication is, is off the table. Third, the vehicle is "deemed to be contraband" and may be seized and forfeited (s. 316.1935(7)); getting a car back after other arrests is covered in what happens to the car after a DUI.

For the two first-degree versions, a person sentenced to the 3-year minimum is not eligible for gain-time or discretionary early release before serving it, other than clemency or conditional medical release (s. 316.1935(6)). Aggravated fleeing is also a separate offense from leaving the scene itself, so both can be charged (s. 316.1935(4)); see what happens if you left the scene of an accident.

Where does a fleeing case go after the arrest?

Because every version is a felony, the case belongs to circuit court, which has jurisdiction "of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged" (s. 26.012(2)(d)). Related misdemeanors from the same stop, such as reckless driving or driving while suspended, usually travel with it. Most fleeing arrests begin with booking and a first appearance before a judge within a day; the first two days in South Florida are described in the first 48 hours after an arrest in Palm Beach or Broward.

In Palm Beach County, the State Attorney's office at the Criminal Justice Complex on Gun Club Road handles first appearances of new arrestees and felony arraignments. In Broward, first appearance is held downtown for people booked into the Main Jail, as explained on our page about the Broward Central Courthouse and first appearance.

How does a fleeing conviction affect the license later?

Beyond the 1 to 5 year revocation, a fleeing conviction counts toward habitual traffic offender status, because "any felony in the commission of which a motor vehicle is used" is one of the listed offenses (s. 322.264(1)(c)). Two more listed convictions within 5 years, such as a DUI or driving while suspended, would bring a 5-year revocation, explained in what makes someone a habitual traffic offender. And because adjudication cannot be withheld, a fleeing conviction can never be sealed (s. 943.059(1)(b)).

What changes the answer?

• Whether the driver knew. The statute requires knowledge of the order to stop and a willful refusal. Lighting, traffic, a safe place to pull over and how long the officer followed all bear on that.
• The patrol car. Subsections (2) and (3) require a marked patrol vehicle with siren and lights activated. An unmarked car, or lights without a siren, can change the level.
• Speed and driving. The step from third to second degree depends on "high speed" or driving that "demonstrates a wanton disregard for the safety of persons or property" (s. 316.1935(3)(a)).
• Reckless driving. "Fleeing a law enforcement officer in a motor vehicle is reckless driving per se" (s. 316.192(1)(b)), so a reckless driving count often comes with it; see reckless versus careless driving.
• Later license problems. A third conviction for driving while suspended becomes a felony when it relates to a suspension for fleeing (s. 322.34(2)(c)4.), as explained in whether driving on a suspended license is a crime.
• No civil option. Fleeing is the first offense listed as excluded from the civil traffic procedures (s. 318.17(1)).
• Racing and takeovers. A driver who ignores an officer's order to stop while leaving a street takeover can face both charges; the takeover rules are in what changed in Florida's street racing law.

A worked example

For example, a hypothetical West Palm Beach driver with an expired tag sees a marked patrol car behind him with its lights flashing and siren sounding on Okeechobee Boulevard. Worried about an old unpaid ticket, he keeps driving for several blocks at the speed limit before turning into a parking lot and stopping. The State could charge fleeing a marked patrol car with siren and lights, a third-degree felony at severity level 3, rather than the second-degree version, because there was no high speed or wanton driving. If convicted, he could not receive a withhold, and the court would revoke his license for 1 to 5 years. Whether he knew he was being ordered to stop, and whether there was a safe place to pull over sooner, would be central. Had he sped through intersections and caused a crash with a serious injury, the charge could rise to a first-degree felony with a 3-year minimum. This illustration is not a prediction for any case.

Common mistakes people make

• Driving on to "find a better place to stop" without slowing, signaling or acknowledging the officer.
• Leaving after stopping, which is itself fleeing under s. 316.1935(1).
• Explaining at the scene that you drove off because of a warrant or a suspended license, which can supply the knowledge and intent the State must prove.
• Assuming the charge can be reduced to a withhold; the statute forbids it.
• Driving during the revocation that follows a conviction.

What to do this week

1. Write down the route, the time, the lighting, where the patrol car appeared and when you first noticed it.
2. Note whether the car was marked and whether you heard a siren.
3. List any witnesses and any businesses along the route that may have cameras.
4. If bond was set, follow every condition; the process is explained in how bond works in Florida.
5. If your car was seized, keep every notice about forfeiture and the deadlines in it.
6. Do not discuss the case with anyone except your lawyer.

Frequently asked questions

Is fleeing a felony even if I stopped a few blocks later?

It can be. Willfully failing to stop after knowing of the order is a third-degree felony (s. 316.1935(1)); the facts about knowledge and willfulness matter.

Can adjudication be withheld for fleeing?

No. The statute forbids suspending, deferring or withholding adjudication or sentence for any violation of s. 316.1935 (s. 316.1935(6)).

How long is the license revocation?

At least 1 year and up to 5 years, ordered by the court (s. 316.1935(5)).

Will they take my car?

The vehicle is treated as contraband and may be seized and forfeited (s. 316.1935(7)).

What if someone was hurt?

Fleeing at high speed or with wanton disregard that causes serious bodily injury or death is a first-degree felony with a 3-year minimum (s. 316.1935(3)(b)).

Was this law changed recently?

Section 316.1935 was last amended in 2025 (ch. 2025-75); this page follows the current text.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. Fleeing cases often turn on seconds of video and on what the driver could see and hear, and that evidence should be gathered early. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are charged with fleeing or eluding, a confidential call to (561) 362-6677 is a sound first step.

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