If you’ve wondered what penalties you will face under Florida’s new House Bill (HB) 113 for fleeing police, you’re not alone. This law represents one of the state’s most significant changes to criminal traffic offenses in years. It reshapes how prosecutors charge fleeing cases, raises the stakes for sentencing, and removes certain defenses that drivers once relied on.
Below, we’ll break down what HB 113 is, when it takes effect, how it changes the rules, potential defenses, and why working with BD Law could make the difference in your case.
What Is HB 113?
HB 113 is Florida’s newest law targeting drivers who flee or attempt to elude law enforcement. Governor Ron DeSantis signed it into law in 2025, and it goes into effect on October 1, 2025.
The bill was introduced after repeated concerns about public safety and a string of high-profile incidents where pursuits ended in serious injuries or fatalities. In particular, lawmakers cited the death of Florida Highway Patrol Trooper Zachary Fink during a high-speed chase in 2024.
The clear message: fleeing from police will no longer be treated as a lower-level felony. Instead, the law elevates charges and imposes harsher consequences to deter drivers from running.
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When Does HB 113 Take Effect?
HB 113 becomes law in Florida starting October 1, 2025.
That means any incident of fleeing or attempting to elude that occurs on or after that date will fall under the new guidelines. If your case began before that date, the old rules may still apply. However, if it happened after, you’re looking at a much tougher playing field.
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How HB 113 Changes the Rules
The penalties for fleeing or attempting to elude police are significantly harsher under HB 113. Here are the key changes:
Elevated Felony Levels
- Fleeing at high speed or driving recklessly is now classified as a Level 5 offense, up from Level 4.
- Aggravated fleeing, where someone causes injury or property damage during a pursuit, is now a Level 6 offense, up from Level 5.
Each level increase adds more sentencing “points” under Florida’s Criminal Punishment Code. More points mean higher scores, which often result in mandatory prison time instead of probation.
Sentencing Multiplier for Repeat Offenders
If you’ve been convicted of fleeing before, HB 113 makes things much worse. A 1.5× sentencing multiplier applies to repeat offenders, drastically raising the prison time you could face.
Removal of the “Marked Vehicle” Defense
In the past, defense lawyers could argue that the pursuing vehicle wasn’t “marked” with agency insignia, making the charge invalid. HB 113 eliminates that requirement, so prosecutors no longer need to prove the vehicle had clear police markings.
Defenses Against a Fleeing Police Charge
Even with HB 113 in place, being charged is not the same as being convicted. A skilled criminal defense lawyer can still explore strong defenses, such as:
- Lack of intent: The law requires proof that you knowingly fled. If you didn’t realize police were signaling you, or if there was confusion, that could weaken the case.
- Emergency circumstances: Sometimes drivers flee because of a medical emergency or immediate danger, not to evade arrest.
- Mistaken identity: Without clear evidence that you were the driver, the state may have trouble proving its case.
- Challenging the stop: If law enforcement didn’t have a legal basis for the stop, evidence gathered after may be excluded.
- Procedural errors: Improper conduct during the pursuit or mistakes in handling evidence can also open the door to a defense.
While HB 113 narrows the scope of certain defenses (like the marked-vehicle argument), it doesn’t take away all options.
Why You Need BD Law
Facing a fleeing police charge in Florida is serious, and with HB 113, the risks are higher than ever. Prosecutors will come down hard, and judges have less flexibility when sentencing.
That’s where BD Law comes in. Led by Attorney Brandon Dinetz, a former prosecutor who has handled thousands of criminal cases, the firm brings unique insight into how the state will approach these charges. Because Brandon once sat on the other side of the courtroom, he knows exactly how prosecutors build fleeing cases and how to dismantle them.
Here’s why you should call BD Law if you’re facing charges under HB 113:
- Prosecutor’s perspective: Brandon Dinetz has firsthand knowledge of how these cases are charged and scored.
- Aggressive defense strategies: The team understands which defenses still work post-HB 113 and how to apply them effectively.
- Local reputation: With a strong presence in Palm Beach County and surrounding areas, BD Law is trusted in Florida courtrooms.
- Personalized approach: Every case is different. BD Law tailors defense strategies to your circumstances, not a one-size-fits-all plan.
What Florida’s New HB 113 Means for Your Future
So, what penalties will you face under Florida’s new HB 113 for fleeing police? Much harsher ones than before. Higher felony levels, longer prison sentences (up to 30 years if convicted of a first-degree felony such as fleeing at high speeds or recklessly causing serious bodily injury or death to another person), stricter repeat-offender enhancements, and fewer technical defenses are all part of this law.
But while the law is tougher, you still have rights and defenses available to you. With an experienced criminal defense lawyer like Brandon Dinetz on your side, you can fight back and protect your future.
Don’t Face Florida’s HB 113 Fleeing Police Penalties Alone
If you’re facing a charge for fleeing or attempting to elude, don’t wait. Every decision you make now could affect the outcome of your case. BD Law offers free, confidential consultations to review your situation and explain your options under HB 113.
Contact BD Law today to speak directly with a former prosecutor who knows the system inside and out. Together, we’ll fight to protect your rights, your freedom, and your future.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.