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New Florida Fleeing and Eluding Law takes Effect October 1, 2025
A new Florida fleeing and eluding law 2025 takes effect on October 1, 202575. The law (CS/CS/HB 113) changes how courts handle drivers accused of refusing to stop for police. Penalties are tougher, and repeat offenders face longer sentences.
Key Changes in the Law
The update to Florida Statute 316.1935 brings several important changes:
- Marked Patrol Vehicles – To charge under the harsher subsections, the police vehicle must display agency insignia and jurisdictional markings. Lights and sirens must also be activated.
- Felony Reclassifications –
- High-speed fleeing or reckless driving while fleeing is now a second-degree felony.
- If someone is injured or killed, it rises to a first-degree felony with a three-year minimum prison sentence.
- Leaving a Crash Scene – Fleeing after a crash can lead to aggravated charges, with even greater penalties if injuries occur.
- Sentencing Multipliers – If you have prior fleeing convictions, your sentencing points increase by 1.5 times, making prison more likely.
Why It Matters to Tampa Drivers
These changes matter because prosecutors across Hillsborough, Pinellas, and Pasco Counties will apply them aggressively. A split-second choice to drive away from a stop can now mean a felony conviction, years in prison, and a permanent record.
Judges will also have less discretion to reduce sentences when mandatory minimums apply. That makes it critical to have an experienced defense attorney who understands how to challenge:
- Whether the officer’s vehicle met the new statutory requirements.
- Whether the facts support reclassification to a higher felony.
- Whether the multiplier is being applied correctly.
Local Impact in Tampa Bay
Courts in Tampa, Clearwater, and Dade City already handle many fleeing cases. With this law, penalties are harsher, especially if there was an accident. Defense strategy now requires a careful review of the stop order, patrol vehicle markings, and crash evidence.
For background on the statute itself, you can read the text on the Florida Senate website.
FAQ: Florida Fleeing and Eluding Law 2025
What is the Florida fleeing and eluding law 2025?
The Florida fleeing and eluding law 2025 is a new update to §316.1935. It increases penalties for drivers who refuse to stop for law enforcement. It also reclassifies certain fleeing offenses as more serious felonies.
When does the Florida fleeing and eluding law 2025 take effect?
The law takes effect on October 1, 2025. Any offense committed after that date will be subject to the new penalties.
What are the penalties under the new law?
Fleeing at high speed or driving recklessly while fleeing is now a second-degree felony. If serious injury or death occurs, it becomes a first-degree felony with a mandatory minimum of three years in prison.
Does the law apply if the police car is unmarked?
No. For the harsher penalties to apply, the law requires the police car to display insignia and markings, with lights and sirens activated.
What if I already have a prior fleeing conviction?
The law includes a sentencing multiplier. If you have prior fleeing convictions, your sentence points increase by 1.5. That makes prison time much more likely.
How does this affect Tampa, Clearwater, and Dade City drivers?
Local prosecutors in Hillsborough, Pinellas, and Pasco Counties are expected to apply this law aggressively. That means drivers charged under the new law face higher risks of prison and long-term consequences.
Where can I read the law for myself?
You can review the statute on the Florida Senate website.
What should I do if I am charged?
Call a lawyer right away. The earlier you involve an attorney, the stronger your defense. At The Brancato Law Firm, P.A., we analyze whether the stop was legal and fight to reduce or dismiss charges.
Protect Your Future Now
If you or a loved one faces a fleeing charge, you need strong representation right away. At The Brancato Law Firm, P.A., attorney Rocky Brancato brings more than 25 years of courtroom experience. He has handled thousands of felony cases and personally develops defense strategies tailored to each client.
Call us today at (813) 727-7159 or visit our Tampa Criminal Defense page to schedule a confidential consultation.
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