Supreme Court of Florida
____________
No. SC13-1121
____________
IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—
REPORT NO. 2013-04.
[June 4, 2015]
PER CURIAM.
The Supreme Court Committee on Standard Jury Instructions in Criminal
Cases (Committee) has submitted proposed changes to the standard jury
instructions and asks that the Court authorize the amended standard instructions for
publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Committee proposes amending the following existing standard criminal
jury instructions: 28.4 (Leaving the Scene of a Crash Involving Death or Injury);
28.6 (Fleeing to Elude a Law Enforcement Officer); 28.7 (Fleeing to Elude a Law
Enforcement Officer (Siren and Lights Activated)); 28.8 (Fleeing to Elude a Law
Enforcement Officer (Siren and Lights Activated with High Speed or Reckless
Driving)); 28.81 (Fleeing to Elude a Law Enforcement Officer (Siren and Lights
Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or
Death)); 28.82 (Aggravated Fleeing or Eluding (Leaving a Crash Involving Injury
or Death then Causing Serious Bodily Injury or Death)); 28.83 (Aggravated
Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property
then Causing Serious Bodily Injury or Death)); 28.84 (Aggravated Fleeing or
Eluding (Leaving a Crash Involving Injury or Death then Causing Injury or
Property Damage to Another)); 28.85 (Aggravated Fleeing or Eluding (Leaving a
Crash Involving Damage to a Vehicle or Property then Causing Injury or Property
Damage to Another)). The Committee also proposes the following new jury
instruction: 28.18 (Failure to Obey the Lawful Order of a [Police] [Fire] [Traffic]
Official). The Committee published its proposals in The Florida Bar News. Two
comments were received by the Committee. The Court did not publish the
proposals after they were filed.
Having considered the Committee’s report and the comments submitted to
the Committee, we amend the standard jury instructions as proposed by the
Committee and authorize them for publication and use. The majority of the
Committee’s proposals are straightforward and do not warrant further discussion.
With respect to instructions 28.81, 28.82, 28.83, 28.84, and 28.85, those
instructions are renumbered 28.8(a), 28.8(b), 28.8(c), 28.8(d), and 28.8(e),
respectively. Instructions 28.4, 28.8(b), and 28.8(e) have been modified to reflect
the actual knowledge element, i.e., that the defendant knew that he or she was
-2-
involved in a crash or accident, consistent with this Court’s decision in State v.
Dorsett, 158 So. 3d 557, 563 (Fla. 2015).
The new and amended criminal jury instructions, as set forth in the appendix
to this opinion, are hereby authorized for publication and use.1 New language is
indicated by underlining, and deleted language is indicated by struck-through type.
In authorizing the publication and use of these instructions, we express no opinion
on their correctness and remind all interested parties that this authorization
forecloses neither requesting additional or alternative instructions nor contesting
the legal correctness of the instructions. We further caution all interested parties
that any comments associated with the instructions reflect only the opinion of the
Committee and are not necessarily indicative of the views of this Court as to their
correctness or applicability. The instructions as set forth in the appendix shall be
effective when this opinion becomes final.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and PERRY, JJ., concur.
1. The amendments as reflected in the appendix are to the Criminal Jury
Instructions as they appear on the Court’s website at www.floridasupremecourt.org
/jury_instructions/instructions.shtml. We recognize that there may be minor
discrepancies between the instructions as they appear on the website and the
published versions of the instructions. Any discrepancies as to instructions
authorized for publication and use after October 25, 2007, should be resolved by
reference to the published opinion of this Court authorizing the instruction.
-3-
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
Original Proceedings – Supreme Court Committee on Standard Jury Instructions in
Criminal Cases
Judge Jerri Lynn Collins, Chair, Supreme Court Committee on Standard Jury
Instructions in Criminal Cases, Sanford, Florida; Judge Joseph Anthony Bulone,
Past Chair, Supreme Court Committee on Standard Jury Instructions in Criminal
Cases, Clearwater, Florida; and Bart Neil Schneider, Staff Liaison, Office of the
State Courts Administrator, Tallahassee, Florida,
for Petitioner
-4-
APPENDIX
28.4 LEAVING THE SCENE OF A CRASH INVOLVING
[DEATH] OR [INJURY]
§ 316.027(1), Fla. Stat.; § 316.062, Fla. Stat.
To prove the crime of Leaving the Scene of a Crash Involving [Death]
[Injury], the State must prove the following four elements beyond a
reasonable doubt:
1. (Defendant) was the driver of a vehicle involved in a crash or
accident occurring on public or private property resulting in
[injury to] [death of] any person.
2. (Defendant) knew or should have knownthat [he] [she] was
involved in a crash or accident.
Give 3a if death is charged or 3b if injury is charged.
3. a. (Defendant) knew, or should have known from all of the
circumstances, including the nature of the crash or
accident, of the injury to or death of the person.
b. (Defendant) knew, or should have known from all of the
circumstances, including the nature of the crash or
accident, of the injury to the person.
Give 4a, 4b, or both as applicable.
4. a. (Defendant) willfully failed to stop at the scene of the crash
or accident or as close to the crash or accident as possible
and remain there until [he] [she] had given “identifying
information” to the [injured person] [driver] [occupant]
[person attending the vehicle] and to any police officer
investigating the crash or accident.
[or]
b. (Defendant) willfully failed to render “reasonable
assistance” to the injured person if such treatment
appeared to be necessary or was requested by the injured
person.
-5-
If the State proves that the defendant willfully failed to give any part of
the “identifying information” or willfully failed to give reasonable assistance,
the State satisfies this element of the offense.
Definitions. Fla. Stat. § 316.003(75).
A “vehicle” is every device, in, upon, or by which any person or
property is, or may be, transported or drawn upon a highway, except devices
used exclusively upon stationary rails or tracks.
“Identifying information” means the name, address, vehicle
registration number, and, if available and requested, the exhibition of the
defendant’s license or permit to drive.
“Reasonable assistance” includes carrying or making arrangements to
carry the injured person to a physician or hospital for medical treatment.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means knowingly, intentionally and purposely.
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
LEAVING THE SCENE OF A CRASH INVOLVING DEATH OR
INJURY — 316.027(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt 777.04(1) 5.1
Comments
See Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v. Dumas, 700 So.
2d 1223 (Fla. 1997), and State v. Dorsett, 158 So. 3d 557 (Fla. 2015).
This instruction was adopted in 1995 [665 So. 2d 212] and amended in 2008
[SC07-1851, January 10, 2008] [973 So. 2d 432] and 2015.
-6-
28.6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER
§ 316.1935(1), Fla. Stat.
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.
Definitions.
“Operator” means any person who is in actual physical control of a
motor vehicle upon the highway [or who is exercising control over or steering
a vehicle being towed by a motor vehicle].
Fla. Stat. § 316.003(53)
“Street or highway” means the entire width between boundary lines of
every way or place of whatever nature when any part thereof is open to the
public for purposes of vehicular traffic.
Fla. Stat. § 316.003(75)
“Vehicle” means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
-7-
Lesser Included Offenses
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER —
316.1935(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Reckless Driving (if 316.192(1)(b) 28.5
there was evidence
that the fleeing was in
a motor vehicle)
None
Disobedience to Police 316.072(3) 28.18
or Fire Department
Officials
Comments
For the category two lesser included offense, see Koch v. State, 39 So. 3d
464 (Fla. 2d DCA 2010).
This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008
[976 So. 2d 1081], and 2011 [73 So. 3d 136], and 2015.
28.7 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER
(Siren and Lights Activated)
§ 316.1935(2), Fla. Stat.
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. (Defendant), knowing [he] [she] had been directed to stop by a duly
authorized law enforcement officer, willfully fled in a vehicle in an
attempt to elude a law enforcement officer.
3. The law enforcement officer was in an authorized law enforcement
patrol vehicle with agency insignia and other jurisdictional markings
-8-
prominently displayed on the vehicle and with siren and lights
activated.
Definitions.
“Operator” means any person who is in actual physical control of a
motor vehicle upon the highway [or who is exercising control over or steering
a vehicle being towed by a motor vehicle].
Fla. Stat. § 316.003(53)
“Street or highway” means the entire width between boundary lines of
every way or place of whatever nature when any part thereof is open to the
public for purposes of vehicular traffic.
Fla. Stat. § 316.003(75)
“Vehicle” means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Lesser Included Offenses
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER —
316.1935(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Fleeing to elude 316.1935(1) 28.6
Reckless Driving (if 316.192(1)(b) 28.5
there is evidence that
the fleeing was in a
motor vehicle)
Disobedience to Police
or Fire Department 316.072(3) 28.18
Officials
Comments
For the category two lesser included offense, see Koch v. State, 39 So. 3d
464 (Fla. 2d DCA 2010).
-9-
This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008
[976 So. 2d 1081], and 2011 [73 So. 3d 136] and 2015.
28.8 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER
(Siren and Lights Activated with High Speed or Reckless Driving)
§ 316.1935(3)(a), Fla. Stat.
To prove the crime of Fleeing to Elude a Law Enforcement Officer, the
State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) was operating a vehicle upon a street or highway in
Florida.
2. (Defendant), knowing [he] [she] had been directed to stop by a duly
authorized law enforcement officer, willfully fled in a vehicle in an
attempt to elude a law enforcement officer.
3. The law enforcement officer was in an authorized law enforcement
patrol vehicle with agency insignia and other jurisdictional markings
prominently displayed on the vehicle and with siren and lights
activated.
4. During the course of the fleeing or the attempt to elude, (defendant)
drove at high speed or in any manner demonstrating a wanton
disregard for the safety of persons or property.
Definitions.
“Operator” means any person who is in actual physical control of a
motor vehicle upon the highway [or who is exercising control over or steering
a vehicle being towed by a motor vehicle].
Fla. Stat. § 316.003(53)
“Street or highway” means the entire width between boundary lines of
every way or place of whatever nature when any part thereof is open to the
public for purposes of vehicular traffic.
Fla. Stat. § 316.003(75)
“Vehicle” means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
- 10 -
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Lesser Included Offenses
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER —
316.1935 (3)(a)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Fleeing to elude 316.1935(2) 28.7
Fleeing to elude 316.1935(1) 28.6
Reckless Driving (if Reckless driving 316.192(1) 28.5
wanton disregard for the
safety of persons or
property is charged or if
there is evidence that
the fleeing was in a
motor vehicle)
Disobedience to Police
or Fire Department 316.072(3) 28.18
Officials
Comments
For the category two lesser included offense of Disobedience to Police, see
Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).
This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008
[976 So. 2d 1081], and 2011 [73 So. 3d 136] and 2015.
28.81(a) FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER
(Siren and Lights Activated with High Speed or Reckless Driving Causing
Serious Bodily Injury or Death)
§ 316.1935(3)(b), Fla. Stat.
To prove the crime of Fleeing to Elude a Law Enforcement Officer, the
State must prove the following five elements beyond a reasonable doubt:
1. (Defendant) was operating a vehicle upon a street or highway in
Florida.
- 11 -
2. (Defendant), knowing [he] [she] had been directed to stop by a duly
authorized law enforcement officer, willfully fled in a vehicle in an
attempt to elude a law enforcement officer.
3. The law enforcement officer was in an authorized law enforcement
patrol vehicle with agency insignia and other jurisdictional markings
prominently displayed on the vehicle and with siren and lights
activated.
4. During the course of the fleeing or the attempt to elude, (defendant)
drove at high speed or in any manner demonstrating a wanton
disregard for the safety of persons or property.
5. As a result of (defendant’s) fleeing or eluding at high speed or wanton
disregard for safety, [he] [she] caused [the death of] [serious bodily
injury to] [another person] [a law enforcement officer involved in
pursuing or otherwise attempting to stop [his] [her] vehicle].
Definitions.
“Operator” means any person who is in actual physical control of a
motor vehicle upon the highway [or who is exercising control over or
steering a vehicle being towed by a motor vehicle].
Fla. Stat. § 316.003(53)
“Street or highway” means the entire width between boundary lines of
every way or place of whatever nature when any part thereof is open to the
public for purposes of vehicular traffic.
Fla. Stat. § 316.003(75)
“Vehicle” means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
- 12 -
Lesser Included Offenses
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER —
316.1935(3)(b)
CATEGORY CATEGORY FLA. STAT. INS. NO.
ONE TWO
Fleeing to elude 316.1935(3)(a) 28.8
Fleeing to elude 316.1935(2) 28.7
Fleeing to elude 316.1935(1) 28.6
Reckless Driving Reckless driving 316.192(1) 28.5
(if wanton
disregard for the
safety of persons
or property is
charged or if there
is evidence that
the fleeing is in a
motor vehicle)
Disobedience to
Police or Fire 316.072(3) 28.18
Department
Officials
Comments
For the category two lesser included offense of Disobedience to Police, see
Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).
This instruction was adopted in 2008 [976 So. 2d 1081] and amended in
2011 [73 So. 3d 136] and 2015.
28.82(b) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Injury or Death then Causing Serious
Bodily Injury or Death)
§ 316.1935(4)(b) and § 316.027, Fla. Stat.
To prove the crime of Aggravated Fleeing or Eluding, the State must
prove the following seven elements beyond a reasonable doubt:
- 13 -
1. (Defendant) was the driver of a vehicle involved in a crash or accident
occurring on public or private property resulting in [injury to] [the
death of] any person.
2. (Defendant) knew or should have known that [he] [she] was involved
in a crash or accident.
Give 3a if death is charged or 3b if injury is charged.
3. a. (Defendant) knew, or should have known from all of the
circumstances, including the nature of the crash or
accident, of the injury to or death of the person.
b. (Defendant) knew, or should have known from all of the
circumstances, including the nature of the crash or
accident, of the injury to the person.
Give 4a or 4b or both as applicable.
4. (Defendant)
a. willfully failed to stop at the scene of the crash or accident or
as close to the crash or accident as possible and remain there
until [he] [she] had given “identifying information” to the
[injured person] [driver] [occupant][person attending the
vehicle or other damaged property] and to any police officer
investigating the crash or accident.
b. willfully failed to render “reasonable assistance” to the injured
person if such treatment appeared to be necessary or was
requested by the injured person.
5. A duly authorized law enforcement officer ordered (defendant) to
stop.
6. (Defendant), knowing [he][she] had been ordered to stop by a law
enforcement officer, [willfully refused or failed to stop
[his][her]vehicle in compliance with the order to stop] [and after
having stopped in knowing compliance with the order to stop,
willfully fled in a vehicle in an attempt to elude the law
enforcement officer.]
- 14 -
7. As a result of (defendant) fleeing or eluding, [he] [she] caused
[serious bodily injury to] [the death of] (name of victim).
§ 316.027, Fla. Stat.
A driver has the legal duty to immediately stop [his] [her] vehicle at the
scene of the crash or accident or as close to the scene of the crash or accident
as possible and provide “identifying information.”
If the State proves beyond a reasonable doubt that the defendant
willfully failed to give any part of the “identifying information” or willfully
failed to give reasonable assistance, the State satisfies this element of the
offense.
Definitions.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. § 316.062
“Identifying information” means the name, address, vehicle registration
number, and, if available and requested, the exhibition of the defendant’s
license or permit to drive.
“Reasonable assistance” includes carrying or making arrangement to
carry the injured person to a physician or hospital for medical treatment.
Fla. Stat. § 316.003(75)
“Vehicle” means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Injury or Death and then Causing Serious
Injury Bodily Injury or Death) —
316.1935(4)(b) and 316.027
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Aggravated Fleeing 316.1935(4)(a) 28.84
Fleeing to Elude LEO 316.1935(1) 28.6
- 15 -
Leaving Scene of a 316.027(1)(b) 28.4
Crash Accident
Involving Death
Leaving Scene of a 316.027(1)(a) 28.4
Crash Accident
Involving Injury
Fleeing to Elude LEO 316.1935(3)(b) 28.81
Fleeing to Elude LEO 316.1935(3)(a) 28.8
Fleeing to Elude LEO 316.1935(2) 28.7
Reckless Driving (if Reckless Driving 316.192(1)(b) 28.5
there was evidence
that the fleeing was in
a motor vehicle)
Disobedience to Police
or Fire Department 316.072(3) 28.18
Officials
Comments
For the category two lesser included offense of Disobedience to Police, see
Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).
See Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v. Dumas, 700 So.
2d 1223 (Fla. 1997), and State v. Dorsett, 158 So. 3d 557 (Fla. 2015).
This instruction was adopted in 2008 [976 So. 2d 1081] and amended in
2011 [73 So. 3d 136] and 2015.
28.83(c) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death)
§ 316.1935(4)(b) and § 316.061, Fla. Stat.
To prove the crime of Aggravated Fleeing or Eluding, the State must
prove the following seven elements beyond a reasonable doubt:
1. (Defendant) was the driver of a vehicle involved in a crash resulting
only in damage [to a vehicle] [to property other than a vehicle] which
was driven or attended by a person.
- 16 -
2. (Defendant) knew or should have known that [he] [she] was involved
in a crash The crash resulted only in damage to a vehicle or other
property.
3. (Defendant) knew or should have known of the damage to [the
vehicle] [the attended property] The [vehicle] [other property] was
[driven] [attended] by [a person] [(name of person)].
4. (Defendant) willfully failed to stop at the scene of the crash or as close
to the crash as possible and remain there until [he] [she] had given
“identifying information” to the [driver or occupant of the damaged
vehicle] [person attending the damaged vehicle or property] [and to
any police officer at the scene of the crash or who is investigating the
crash.
5. A duly authorized law enforcement officer ordered (defendant) to
stop.
6. (Defendant), knowing [he] [she] had been ordered to stop by a law
enforcement officer, [willfully refused or failed to stop [his] [her]
vehicle in compliance with the order to stop] [and after having
stopped in knowing compliance with the order to stop, willfully fled
in a vehicle in an attempt to elude the law enforcement officer].
7. As a result of (defendant) fleeing or eluding, [he] she] caused [serious
bodily injury to] [the death of] (name of victim).
§ 316.061, Fla. Stat.
A driver has the legal duty to immediately stop [his] [her] vehicle at the
scene of the crash or as close to the scene of the crash as possible and provide
“identifying information.”
If the State proves beyond a reasonable doubt that the defendant
willfully failed to give any part of the “identifying information,” the State
satisfies this element of the offense.
Definitions.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
- 17 -
Fla. Stat. § 316.062(1).
“Identifying information” means the name, address, vehicle registration
number, and, if available and requested, the exhibition of the defendant’s
license or permit to drive.
Fla. Stat. § 316.003(75)
“Vehicle” means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Serious Bodily Injury or Death) — 316.1935(4)(b) and 316.061
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Aggravated Fleeing 316.1935(4)(a) 28.85
Fleeing to Elude LEO 316.1935(1) 28.6
Leaving the Scene of a 316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property
Fleeing to Elude LEO 316.1935(3)(b) 28.81
Fleeing to Elude LEO 316.1935(3)(a) 28.8
Fleeing to Elude LEO 316.1935(2) 28.7
Reckless Driving (if Reckless Driving 316.192(1)(b) 28.5
there was evidence
that the fleeing was in
a motor vehicle)
Disobedience to Police 316.072(3) 28.18
or Fire Department
Officials
Comments
For the category two lesser included offense of Disobedience to Police, see
Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).
- 18 -
This instruction was adopted in 2008 [976 So. 2d 1081] and amended in
2011 [73 So. 3d 136] and 2015.
28.84(d) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Injury or Death then Causing Injury or
Property Damage to Another)
§ 316.1935(4)(a) and § 316.027 Fla. Stat.
To prove the crime of Aggravated Fleeing or Eluding, the State must
prove the following seven elements beyond a reasonable doubt:
1. (Defendant) was the driver of a vehicle involved in a crash or accident
occurring on public or private property resulting in [injury to] [the
death of] any person.
2. (Defendant) knew or should have known that [he] [she] was involved
in a crash or accident.
Give 3a if death is charged or 3b if injury is charged.
3. a. (Defendant) knew, or should have known from all of the
circumstances, including the nature of the crash or
accident, of the injury to or death of the person.
b. (Defendant) knew, or should have known from all of the
circumstances, including the nature of the crash or
accident, of the injury to the person.
Give 4a or 4b or both as applicable.
4. (Defendant)
a. willfully failed to stop at the scene of the crash or accident or
as close to the crash or accident as possible and remain there
until [he] [she] had given “identifying information” to the
[injured person] [driver] [occupant] [person attending the
vehicle or other damaged property] and to any police officer
investigating the crash or accident.
b. willfully failed to render “reasonable assistance” to the injured
person if such treatment appeared to be necessary or was
requested by the injured person.
- 19 -
5. A duly authorized law enforcement officer ordered (defendant) to
stop.
6. (Defendant), knowing [he][she] had been ordered to stop by a law
enforcement officer, [willfully refused or failed to stop
[his][her]vehicle in compliance with the order to stop][and after
having stopped in knowing compliance with the order to stop,
willfully fled in a vehicle in an attempt to elude the law
enforcement officer.]
7. As a result of (defendant) fleeing or eluding, [he] [she] caused [an
injury to] [damage to the property of] (name of victim).
§ 316.027, Fla. Stat.
A driver has the legal duty to immediately stop [his] [her] vehicle at the
scene of the crash or accident or as close to the scene of the crash or accident
as possible and provide “identifying information.”
If the State proves beyond a reasonable doubt that the defendant
willfully failed to give any part of the “identifying information” or willfully
failed to give reasonable assistance, the State satisfies this element of the
offense.
Definitions.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. § 316.062
“Identifying information” means the name, address, vehicle registration
number, and, if available and requested, the exhibition of the defendant’s
license or permit to drive.
“Reasonable assistance” includes carrying or making arrangement to
carry the injured person to a physician or hospital for medical treatment.
Fla. Stat. § 316.003(75)
“Vehicle” means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
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Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Injury or Death and then Causing Injury or
Property Damage to Another) — 316.1935(4)(a) and § 316.027
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Fleeing to Elude LEO 316.1935(1) 28.6
Leaving Scene of a 316.027(1)(b) 28.4
Crash Accident
Involving Death
Leaving Scene of a 316.027(1)(a) 28.4
Crash Accident
Involving Injury
Fleeing to Elude LEO 316.1935(3)(b) 28.81
Fleeing to Elude LEO 316.1935(3)(a) 28.8
Fleeing to Elude LEO 316.1935(2) 28.7
Reckless Driving (if Reckless Driving 316.192(1)(b) 28.5
there was evidence
that the fleeing was in
a motor vehicle)
Disobedience to Police
or Fire Department 316.072(3) 28.18
Officials
Comments
For the category two lesser included offense of Disobedience to Police, see
Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).
See Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v. Dumas, 700 So.
2d 1223 (Fla. 1997), and State v. Dorsett, 158 So. 3d 557 (Fla. 2015).
This instruction was adopted in 2008 [976 So. 2d 1081] and amended in
2011 [73 So. 3d 136] and 2015.
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28.85(e) AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then Causing
Injury or Property Damage to Another)
§ 316.1935(4)(a) and § 316.061, Fla. Stat.
To prove the crime of Aggravated Fleeing or Eluding, the State must
prove the following seven elements beyond a reasonable doubt:
1. (Defendant) was the driver of a vehicle involved in a crashresulting
only in damage [to a vehicle] [to property other than a vehicle] which
was driven or attended by a person.
2. (Defendant) knew or should have known that [he] [she] was involved
in a crashThe crash resulted only in damage to a vehicle or other
property.
3. (Defendant) knew or should have known of the damage to [the
vehicle] [the attended property]The [vehicle] [other property] was
[driven] [attended] by [a person] [(name of person)].
4. (Defendant) willfully failed to stop at the scene of the crash or as close
to the crash as possible and remain there until [he] [she] had given
“identifying information” to the [driver or occupant of the damaged
vehicle] [person attending the damaged vehicle or property] [and to
any police officer at the scene of the crash or who is investigating the
crash].
5. A duly authorized law enforcement officer ordered (defendant) to
stop.
6. (Defendant), knowing [he] [she] had been ordered to stop by a law
enforcement officer, [willfully refused or failed to stop [his] [her]
vehicle in compliance with the order to stop] [and after having
stopped in knowing compliance with the order to stop, willfully fled
in a vehicle in an attempt to elude the law enforcement officer].
7. As a result of (defendant) fleeing or eluding, [he] [she] caused [injury
to] [damage to the property of] (name of victim).
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§ 316.061, Fla. Stat.
A driver has the legal duty to immediately stop [his] [her] vehicle at the
scene of the crash or as close to the scene of the crash as possible and provide
“identifying information.”
If the State proves beyond a reasonable doubt that the defendant
willfully failed to give any part of the “identifying information,” the State
satisfies this element of the offense.
Definitions.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987)
“Willfully” means intentionally, knowingly, and purposely.
Fla. Stat. § 316.062(1)
“Identifying information” means the name, address, vehicle registration
number, and, if available and requested, the exhibition of the defendant’s
license or permit to drive.
Fla. Stat. § 316.003(75)
“Vehicle” means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving A Crash Involving Damage to a Vehicle or Property then Causing
Injury or Property Damage to Another) — 316.1935(4)(a) and 316.061
CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.
Fleeing to Elude LEO 316.1935(1) 28.6
Leaving the Scene of a 316.061 28.4(a)
Crash Involving
Damage to Vehicle or
Property
Fleeing to Elude LEO 316.1935(3)(b) 28.81
Fleeing to Elude LEO 316.1935(3)(a) 28.8
Fleeing to Elude LEO 316.1935(2) 28.7
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Reckless Driving (if Reckless Driving 316.192(1)(b) 28.5
there was evidence
that the fleeing was in
a motor vehicle)
Disobedience to Police 316.072(3) 28.18
or Fire Department
Officials
Comments
For the category two lesser included offense of Disobedience to Police, see
Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).
This instruction was adopted in 2008 [976 So. 2d 1081] and amended in
2011 [73 So. 3d 136], and 2015.
28.18 FAILURE TO OBEY THE LAWFUL ORDER OF A [POLICE]
[FIRE] [TRAFFIC] OFFICIAL
§ 316.072(3), Fla. Stat.
To prove the crime of Failure to Obey the Lawful Order of a (insert type
of official from the list in § 316.072(3) Fla. Stat.), the State must prove the
following five elements beyond a reasonable doubt:
2. (Defendant) was [operating a [vehicle] [bicycle]] [walking] upon [a
state-maintained highway] [county-maintained highway]
[municipal street or alley] [place where vehicles have the right to
travel].
3. (Name of official) gave a lawful [order] [or] [direction] to
(defendant) regarding the operation of a vehicle or bicycle or the
movement of a pedestrian.
4. At the time, (name of official) was acting in [his] [her] capacity as
a [law enforcement officer] [traffic crash investigation officer]
[traffic infraction enforcement officer] [member of the fire
department who was at the scene of a fire, rescue operation, or
other emergency].
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5. (Defendant) knew that [he] [she] had been given a[n] [order]
[direction] by a [law enforcement officer] [traffic crash
investigation officer] [traffic infraction enforcement officer]
[member of the fire department who was at the scene of a fire,
rescue operation, or other emergency].
6. (Defendant) willfully failed to obey [or] [willfully refused to
comply] with the [order] [or] [direction] given.
Definitions. Give as applicable.
§ 316.003(75), Fla. Stat.
A “vehicle” is every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means intentionally, knowingly, and purposely.
§ 316.003(2), Fla. Stat.
A “bicycle” is every vehicle propelled solely by human power, and
every motorized bicycle propelled by a combination of human power and an
electric helper motor capable of propelling the vehicle at a speed of not more
than 20 miles per hour on level ground upon which any person may ride,
having two tandem wheels, and including any device generally recognized as a
bicycle though equipped with two front or two rear wheels. The term does not
include such a vehicle with a seat height of no more than 25 inches from the
ground when the seat is adjusted to its highest position or a scooter or similar
device.
§ 316.640, Fla. Stat.
A “traffic crash investigation officer” is an individual who successfully
completed instruction in traffic accident investigation and court presentation
through the Selective Traffic Enforcement Program as approved by the
Criminal Justice Standards and Training Commission and funded through
the National Highway Traffic Safety Administration or a similar program
approved by the Criminal Justice Standards and Training Commission, and
who is employed by (insert relevant agency listed in § 316.640, Fla. Stat.).
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§ 316.640, Fla. Stat.
A “traffic infraction enforcement officer” is an individual who
successfully completed instruction in traffic enforcement procedures and
court presentation through the Selective Traffic Enforcement Program as
approved by the Division of Criminal Justice Standards and Training of the
Department of Law Enforcement, or through a similar program, and who is
employed by (insert relevant agency listed in § 316.640, Fla. Stat.).
Note to judge: A special instruction may be necessary when the defendant
claims the order or direction was not lawful.
Lesser Included Offenses
FAILURE TO OBEY — 316.072(3)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt 777.04(1) 5.1
Comment
This instruction was adopted in 2015.
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