Florida HB 113: Tougher Penalties for Fleeing or Attempting to Elude Law Enforcement (Broad Overview)
Effective soon, Florida’s House Bill 113 (HB 113) significantly strengthens penalties against drivers who fail to stop when ordered by law enforcement — including slow-speed evasion, checkpoint avoidance, motorcycle standoffs, golf cart flight, and high-speed chases. Whether you panicked, misunderstood instructions, or made a split-second mistake, HB 113 now treats nearly all attempts to flee law enforcement as serious felony crimes with harsher prison exposure.
As a Florida Criminal Defense Attorney, I’ve represented individuals charged under Florida’s Fleeing and Attempting to Elude Law (F.S. 316.1935) for years — long before HB 113 even existed. Previously, some fleeing scenarios could be handled without jail time. That era is over.
Now, even first-time offenders face increased felony classifications, longer mandatory prison terms, and reduced chances of receiving probation or withhold of adjudication.
🚨 What Does HB 113 Do to Florida Law 316.1935?
HB 113 enhances Florida Statute §316.1935 by:
✅ Increasing penalties across all levels of fleeing or eluding (not just high-speed chases)
✅ Expanding what counts as “fleeing” — including failure to stop immediately, even if you eventually complied
✅ Encouraging prosecutors to seek jail or prison time rather than probation
✅ Potentially expanding vehicle forfeiture authority in intentional fleeing cases
📜 Understanding Florida’s Fleeing or Attempting to Elude Statute
Reference: Florida Statute §316.1935 – Fleeing or Attempting to Elude a Law Enforcement Officer (View full text here via Justia):
Below is how the law currently classifies fleeing offenses — before full HB 113 enforcement:
| Fleeing Level | Current Charge | Max Penalty (Before HB 113) |
|---|---|---|
| Failure to Stop (Lights/Siren On) | 3rd Degree Felony | Up to 5 Years |
| Fleeing with High-Speed or Reckless Driving | 2nd Degree Felony | Up to 15 Years |
| Fleeing Resulting in Serious Injury or Death | 1st Degree Felony | Up to 30 Years |
🚓 How HB 113 Changes the Penalties
HB 113 pushes prosecutors and judges toward mandatory incarceration in more fleeing cases — even where no injury occurs.
| Offense Type | Old Law (Before HB 113) | New Law (After HB 113) |
|---|---|---|
| Slow-Speed Fleeing / Failure to Stop Immediately | 3rd Degree Felony — Often Probation-Eligible | 3rd Degree Felony — More Likely to Involve Jail Time |
| High-Speed Fleeing Without Injury | 2nd Degree Felony — Up to 15 Years | 2nd Degree Felony — Judges Encouraged to Impose Prison Terms |
| Fleeing Resulting in Injury or Death | 1st Degree Felony — Up to 30 Years | 1st Degree Felony — Greater Likelihood of Maximum Sentencing |
| Motorcycles / ATVs / Golf Carts / Off-Road Vehicles | Sometimes Treated with Leniency | Now Clearly Covered Under HB 113’s Expansion |
Put simply: If you drive away — even briefly — when an officer signals to stop, you now risk a serious felony.
🧠 But What Counts as “Fleeing”?
Here’s where most people get caught off guard. Under HB 113, you don’t need to be in a high-speed chase to be charged.
You can be arrested for fleeing or eluding even if:
- You missed the police lights or didn’t immediately realize they were meant for you
- You drove to a well-lit or “safer” place before stopping
- You panicked and slowed down instead of pulling over right away
- You were on a motorcycle and didn’t feel safe stopping on the highway
- You kept driving because an unmarked vehicle was following you and you didn’t trust it was police
⚠️ Intent doesn’t matter as much anymore — delayed compliance alone can equal a felony arrest.
📞 If You’ve Been Charged Under HB 113 — Read This
If you or someone you love is facing charges for fleeing or attempting to elude law enforcement — at any level — call me immediately.
👉 Attorney W.F. “Casey” Ebsary Jr. — Call (813) 222-2220 or reach out at https://dui2go.com/contact/
I defend clients in Hillsborough, Pinellas, Pasco, Polk, Hernando, and across Central Florida.
🔧 Defense Strategies in HB 113 Fleeing Cases
Every fleeing charge must be proven beyond a reasonable doubt, and that gives us room to fight back.
1. No Clear Signal to Stop
If the lights or sirens weren’t visible or audible, the State may not be able to prove intent to flee.
2. Stopping in a Safe Location ≠ Fleeing
If you pulled over at the first safe spot, we argue this was compliance — not evasion.
3. Unmarked Vehicles Create Reasonable Doubt
Florida law acknowledges safety risks when being followed by unmarked or poorly identified police vehicles.
4. Medical or Mechanical Emergency
If you were rushing to the hospital, were confused, or your vehicle malfunctioned, we can present alternative intent.
❓ Frequently Asked Questions — HB 113 Edition
Yes. If prosecutors believe you didn’t stop immediately when ordered to, they can charge you.
Under HB 113, all fleeing is now treated more harshly — even without reckless driving.
Absolutely. In fact, HB 113 encourages prosecutors to stack charges (e.g., DUI and fleeing).
It can — but only if your attorney presents it properly. Without legal representation, prosecutors will assume intent.
Final Call to Action
Florida’s HB 113 is a broad crackdown — not just on dangerous high-speed chases, but on hesitation, uncertainty, and panic behind the wheel. Good people make split-second judgment errors. HB 113 now turns those errors into felony crimes with long-lasting consequences.
You don’t have to face this alone.
👉 Call Attorney W.F. “Casey” Ebsary Jr. at (813) 222-2220
🔗 Contact Page: https://dui2go.com/contact/
🔗 About Me: https://dui2go.com/about/
I fight to reduce or dismiss fleeing charges, negotiate withhold of adjudication where possible, and protect your driving record, freedom, and reputation.