28.5(a) [RACING ON A HIGHWAY] [STREET TAKEOVERS] [STUNT DRIVING]
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 28.5(a)
- Statute
- § 316.191(2), § 316.191(3)(c), and § 316.191(3)(f), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of [Racing on a Highway] [Street Takeovers] [Stunt Driving], the State must prove the following element beyond a reasonable doubt:
Give as applicable.
(Defendant)
a. drove a motor vehicle in
b. [participated] [coordinated, through social media or otherwise] [facilitated] [collected monies] at any location for
c. knowingly rode as a passenger in
d. purposefully caused moving traffic, including pedestrian traffic, to slow, stop, or be impeded in any way for
e. operate a motor vehicle for the purpose of filming or recording the activities of participants in
f. operate a motor vehicle carrying any amount of fuel for the purposes of fueling a motor vehicle involved in
[a race] [a drag race] [an acceleration contest involving a motor vehicle] [a street takeover] [any stunt driving] [a speed competition or contest involving a motor vehicle] [a test of physical endurance involving a motor vehicle] [an exhibition of speed or acceleration involving a motor vehicle] [an attempt, involving a motor vehicle, to make a speed record] on a highway or roadway or a parking lot.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give only if § 316.191(3)(c), Fla. Stat. is charged.
If you find (defendant) guilty of [Racing on a Highway] [Street Takeover] [Stunt Driving], you must also determine whether the State proved beyond a reasonable doubt that in the course of committing the crime, [he] [she] knowingly impeded, obstructed, or interfered with an authorized emergency vehicle that was on call and that was responding to an emergency, other than the [Racing on a Highway] [Street Takeover] [Stunt Driving] that was alleged in this case.
Give only if § 316.191(2)(a) or(2)(d) or (2)(e) or (2)(f) Fla. Stat., and § 316.191(3)(f) is charged.
If you find (defendant) guilty of [Racing on a Highway] [Street Takeover] [Stunt Driving], you must also determine whether the State proved beyond a reasonable doubt that in the course of committing the crime, [he] [she] was engaged in a coordinated street takeover.
Lesser-included offenses
As the instruction lists them, word for word.
[RACING ON A HIGHWAY] [STREET TAKEOVERS] [STUNT DRIVING] — 316.191(3)(c) or (3)(f)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| [Racing on a Highway] [Street Takeover] [Stunt Driving] | 316.191(2) | 28.5(a) | |
| Resisting an Officer Without Violence (depending on type of authorized emergency vehicle) | 843.01 | 21.2 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Street Racing, Street Takeovers and Dangerous Speeding in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.