There is no chase law in Florida in the sense people usually mean it: no statewide statute bans police from pursuing a fleeing vehicle, and no single law spells out when a chase can start or must end. Instead, Florida law requires every law enforcement agency to adopt its own written pursuit policy, and those policies set the rules officers follow. The practical result is that whether a chase happens, and how far it goes, depends on which department’s jurisdiction you’re in.
How Florida Actually Regulates Police Pursuits
A 2006 legislative analysis confirmed that Florida statutes did not establish a statewide pursuit policy and that pursuit conduct was governed entirely by local agency rules. That same year, the legislature passed HB 613, which required every local law enforcement agency to adopt a written pursuit policy by July 1, 2007, and to recertify those policies every four years with the Criminal Justice Standards and Training Commission.1Florida Senate. Staff Analysis – HB 613 CS
So Florida’s pursuit rules live in agency policy manuals, not in the state code. The Florida Highway Patrol has one policy. Orlando Police has another. Each of the 67 sheriff’s offices has its own. Common themes run through most of them, but the specifics differ in ways that matter.
What Most Agency Policies Require
The most consistent feature across Florida pursuit policies is the balancing test. Before and during a chase, the officer must weigh the need to apprehend the suspect against the danger the pursuit creates for bystanders, other drivers, the officer, and the suspect. The Florida Highway Patrol describes this as “balancing the benefits of potential apprehension with the risks associated with emergency responses and pursuits.”2Florida Department of Highway Safety and Motor Vehicles. Florida Highway Patrol Policy 17.05 – Emergency Response and Pursuits The Orlando Police Department puts it the same way: “A vehicle pursuit is justified only when the necessity of immediate apprehension outweighs the level of danger created by the pursuit.”3City of Orlando. Orlando Police Department Policy 1120.15 – Vehicle Pursuits and Apprehension
This test isn’t a one-time call at the start of the chase. It has to be reassessed continuously as conditions change: population density, time of day, weather, road conditions, traffic volume, pedestrians, and how the fleeing driver is behaving. If the suspect begins driving with extreme recklessness through a crowded area, a chase that was justified a block ago may need to end right now.
Most policies also require the officer to activate emergency lights and sirens before starting the pursuit and to immediately notify dispatch and a supervisor. That communication loop lets the supervisor monitor the chase and order it terminated if things deteriorate.
When a Chase Is Usually Allowed
Many Florida agencies restrict pursuits to serious violent crimes using what’s known as the forcible felony standard. Under Florida law, a forcible felony is any felony involving the use or threat of physical force or violence against a person. The statute lists:4Justia Law. Florida Statutes 776.08 – Forcible Felony
- Murder and manslaughter
- Sexual battery
- Carjacking and robbery
- Home-invasion robbery
- Burglary and arson
- Kidnapping
- Aggravated assault and aggravated battery
- Aggravated stalking
- Aircraft piracy
- Using or placing a destructive device or bomb
- Treason
Under this standard, a chase for a traffic infraction or a nonviolent misdemeanor would not be authorized. Some agencies go further and bar pursuits even for certain property felonies. Because the forcible felony limit comes from agency policy rather than a blanket state statute, the exact crimes that justify a chase depend on which department is involved.
When Officers Must Break Off the Chase
This is where something close to a “no-chase” rule actually operates. The Florida Highway Patrol’s policy identifies several situations where a pursuit must be discontinued:2Florida Department of Highway Safety and Motor Vehicles. Florida Highway Patrol Policy 17.05 – Emergency Response and Pursuits
- The officer believes continuing poses more danger than letting the suspect escape.
- The suspect has been identified and can be arrested later without immediate public safety risk.
- Emergency lights, sirens, or radio stop functioning.
- Traffic or road conditions make the pursuit too hazardous.
- Pedestrians, school zones, or other vulnerable groups are in the chase path.
- A supervisor orders termination.
- A passenger is in the pursuing officer’s car.
The FHP policy also flatly prohibits an officer from starting a pursuit when emergency equipment or the radio is malfunctioning, or when there is an inmate or person in custody in the patrol vehicle. Those are absolute restrictions, not judgment calls.
Constitutional Limits No Policy Can Override
Federal constitutional law sets an outer ceiling that no Florida agency policy can exceed. Two U.S. Supreme Court decisions define it.
In Tennessee v. Garner (1985), the Court held that using deadly force to stop a fleeing suspect is a “seizure” under the Fourth Amendment and must be reasonable. An officer can use deadly force to prevent escape only if the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others. Using deadly force against every fleeing felon, regardless of threat, is unconstitutional.5Justia. Tennessee v. Garner, 471 U.S. 1
In Scott v. Harris (2007), an officer rammed a fleeing driver’s car to end a high-speed chase, leaving the driver a quadriplegic. The Court ruled the officer’s actions were reasonable because the driver’s reckless flight “posed a substantial and immediate risk of serious physical injury to others.” Physically ending a chase through force can be constitutional when the suspect’s own driving creates an imminent threat.6Justia. Scott v. Harris, 550 U.S. 372
Together, these cases mean that any force used to end a pursuit must be proportional to the actual danger the suspect poses. An officer who uses a deadly intervention against someone fleeing a minor offense faces constitutional liability even if the agency’s written policy technically allowed the chase.
If You Were Injured During a Police Chase
Bystanders, other drivers, and passengers hurt in a pursuit can potentially sue the government agency involved, but Florida’s sovereign immunity law puts tight limits on what they can recover. Government agencies have waived immunity from tort claims, but recovery is capped at $200,000 per person and $300,000 per incident.7Justia Law. Florida Statutes 768.28 – Waiver of Sovereign Immunity in Tort Actions A court can enter a larger judgment, but collecting anything beyond the cap requires a separate act of the Florida Legislature, called a claims bill, which is far from automatic.
Individual officers generally cannot be sued personally for actions taken within the scope of their duties unless they acted in bad faith, with malicious purpose, or with wanton and willful disregard for safety.7Justia Law. Florida Statutes 768.28 – Waiver of Sovereign Immunity in Tort Actions In a pursuit context, that’s a high bar. An officer who followed agency policy during a chase that ended in a crash is almost certainly protected. An officer who ignored a supervisor’s order to terminate and then blew through a school zone at 90 miles per hour might cross the line.
Attorney fees are also capped. No attorney may charge more than 25 percent of any judgment or settlement from a claim against a government entity.7Justia Law. Florida Statutes 768.28 – Waiver of Sovereign Immunity in Tort Actions Between the damage caps and fee limits, financial recovery available to pursuit victims is often well below what the same injuries would yield in a lawsuit against a private party.
How to Find Your Local Department’s Pursuit Policy
Because every agency writes its own rules, the specifics vary from one jurisdiction to the next. One department might prohibit chases entirely for property crimes. Another might allow them for any felony but impose a strict speed ceiling. Some require air support before a ground chase can continue past a certain point. The St. Petersburg Police Department’s policy, for example, notes that no provision relieves a pursuing officer “from the duty to drive with due regard for the safety of all persons.”8St. Petersburg Police Department. General Order III-17 – Pursuit of a Vehicle or Boat If you want to know the exact rules that apply where you live, the relevant agency’s pursuit policy is typically available through a public records request or posted on the department’s website.