final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Leon County. Robert R.
Alvarez of the Law Office of Kevin Alvarez P.A., Tallahassee,
Moody, Attorney General, and Steven E. Woods, Assistant
Attorney General, Tallahassee, for Appellee.
Ellis v State, 258 So.3d 491 (Fla. 1st DCA 2018).
Osterhaus and Bilbrey, JJ., concur.
yet another case involving the statute prohibiting willfully
fleeing or attempting to elude a "law enforcement
officer in an authorized law enforcement patrol vehicle,
with agency insignia and other jurisdictional markings
prominently displayed on the vehicle, with siren and
lights activated," § 316.1935(3), Fla. Stat. (2019)
(emphasis added), which has spawned two less than harmonious
precedents in this District: Ellis v. State, 258
So.3d 491 (Fla. 1st DCA 2018), and Slack v. State,
30 So.3d 684, 687 (Fla. 1st DCA 2010).
Slack, an officer's testimony that "he was
driving a 'marked patrol car' with 'lights on
top' and that he activated his lights and siren" was
deemed legally insufficient to prove the required element
that the defendant was fleeing a patrol vehicle with
"agency insignia and other jurisdictional markings
prominently displayed on the vehicle." 30 So.3d at 687.
Noting that "not all markings on law enforcement
vehicles constitute agency insignia," this Court held
that the failure to produce evidence that the police vehicle
"had agency insignia or other jurisdictional
markings" meant a "prima facie case of fleeing or
attempting to elude a law enforcement officer"
hadn't been shown, such that the defendant's motion
for judgment of acquittal should have been granted.
Id. (relying on Gorsuch v. State, 797 So.2d
649 (Fla. 3d DCA 2001)) (finding lack of evidence "that
any of the vehicles had an agency insignia as required by
subsection 316.1935(3)," and noting that a city seal may
be a jurisdictional marking but is not an agency insignia).
evidence in this case falls short of what was required in
Slack. Here, the only evidence of "agency
insignia and other jurisdictional markings prominently
displayed on the vehicle" was the following testimony:
Q: Okay. Let me ask you about this. What exactly were you