28.6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER
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
- 28.6
- Statute
- § 316.1935(1), 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 Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) was operating a vehicle upon a street or highway in Florida.
2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.
Give 3a or 3b as applicable.
3. (Defendant), knowing [he] [she] had been ordered to stop by a duly authorized law enforcement officer,
a. willfully refused or failed to stop the vehicle in compliance with the order.
b. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.
Lesser-included offenses
As the instruction lists them, word for word.
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER — 316.1935(1)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Reckless Driving (if there was evidence that the fleeing was in a motor vehicle) | 316.192(1)(b) | 28.5 | |
| Disobedience to Police or Fire Department Officials* | 316.072(3) | 28.18 |
Related practice page
Resisting Arrest and Resisting an Officer 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.