Most unlicensed practice of law cases are built from paper: a flyer, a website, a receipt, a business card, or a court filing signed by someone who is not a lawyer. I have watched that kind of paper become evidence for more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend notaries, document preparers, paralegals, consultants, and suspended lawyers accused under section 454.23 in Hillsborough, Pinellas, and Pasco Counties, often while the matter is still a Florida Bar inquiry.

What Does Florida Law Make a Crime?

Section 454.23, Florida Statutes, makes it a felony for any person “not licensed or otherwise authorized to practice law in this state” to do any of the following:

• Practice law in Florida;
• Hold himself or herself out to the public as qualified to practice law in Florida; or
• Willfully pretend to be, or willfully take or use any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in Florida.

The word “willfully” appears only in the third category. Practicing law and holding out to the public are written without it, so the defense to those two usually turns on whether the conduct was the practice of law at all, or whether the person was “otherwise authorized,” for example by working under a lawyer’s supervision.

A separate statute, section 454.31, Florida Statutes, covers lawyers. A person who is knowingly disbarred and not reinstated, or knowingly under suspension, and who practices law or holds himself or herself out as an attorney commits a third-degree felony. Our attorneys defend both kinds of cases as part of our Tampa white collar crime attorney practice.

What Counts as “Practicing Law” in Florida?

Practicing law means giving advice or performing services that affect someone’s important legal rights and that require more legal skill and knowledge than the average citizen has. That test comes from State ex rel. Florida Bar v. Sperry, 140 So. 2d 587 (Fla. 1962), a Florida Supreme Court case about a nonlawyer patent agent. The judgment in Sperry was later vacated on federal patent-law grounds, but Florida courts still use its test for what the practice of law is.

The clearest line for form-filling businesses comes from The Florida Bar v. Brumbaugh, 355 So. 2d 1186 (Fla. 1978), in which the Florida Supreme Court reviewed a nonlawyer who sold divorce kits and typed the paperwork. The Court held that she could sell forms and printed legal information and could type forms “provided that she only copy the information given to her in writing by her clients.” She could not advise customers on remedies, answer questions about which forms they needed or how to fill them out, tell them where to file, or correct their errors and omissions. The same rule applies to wills and real estate documents.

Because the line depends on what was said to each customer, our attorneys collect the actual forms, receipts, texts, and advertisements before deciding where the conduct falls.

What Are the Penalties for Unlicensed Practice of Law in Florida?

The unlicensed practice of law is a third-degree felony, with a maximum of 5 years in prison and a $5,000 fine, set by section 775.082 and section 775.083, Florida Statutes. The table shows the main exposure.

Section 454.23 is not listed in Florida’s offense severity ranking chart, so section 921.0023, Florida Statutes, places it at Level 1. For a first offense with no other charges, that usually means the scoresheet does not require prison, which leaves room to argue for probation, a withhold of adjudication (a sentence that avoids a formal conviction), or a pretrial resolution.

This was a misdemeanor until 2004. Before then, section 454.23 made unlicensed practice of law a first-degree misdemeanor. Senate Bill 1776 became chapter 2004-287, Laws of Florida, and raised it to a third-degree felony effective October 1, 2004. The Senate Criminal Justice Committee analysis of the bill (March 9, 2004) noted that “the majority of cases that come before the State are referred by the Bar.”

How Does an Unlicensed Practice of Law Case Usually Start?

Most cases start with a complaint to The Florida Bar, not a police report. According to the Bar’s guide to filing an unlicensed practice of law complaint, Bar counsel reviews each inquiry, and a local UPL committee in the circuit where the person lives, works, or acted can investigate. The Bar has UPL offices in Tallahassee, Fort Lauderdale, Miami, Orlando, and Tampa. Its remedies are civil: a cease and desist affidavit, a civil injunction from the Florida Supreme Court, and, if an injunction is violated, an action for indirect criminal contempt. The State Attorney decides separately whether to file a felony charge under section 454.23.

The contempt route can carry jail. In The Florida Bar v. Hidalgo, 435 So. 3d 627 (Fla. 2026), the Florida Supreme Court found a nonlawyer guilty of indirect criminal contempt for violating earlier injunctions against unlicensed practice, placed her on 5 months of probation with GPS monitoring, and imposed a 5-month jail sentence suspended on completion of probation. A dissenting justice argued that the Legislature, through the felony statute, holds the authority to punish nonlawyers, and that the respondent “remains subject to prosecution in a criminal proceeding.”

Courts also make referrals on their own. On October 14, 2026, in Green v. State, No. 4D2026-2733 (Fla. 4th DCA Oct. 14, 2026), the Fourth District Court of Appeal dismissed habeas petitions that a nonlawyer had prepared and e-filed for jail inmates, said the filer was “likely engaged in the unlicensed practice of law, which is a third-degree felony,” and warned that any further filing would be referred to The Florida Bar and the State Attorney for investigation. People who file papers for friends or relatives in jail should read that warning closely.

Why Are Notaries and Immigration Consultants at Higher Risk?

Notaries and immigration consultants face more scrutiny because Florida’s notary law singles out titles that sound like legal credentials. Under section 117.05(11), Florida Statutes, a notary who is not authorized to represent people in immigration matters may not advertise using “notario público,” “notario,” “immigration assistant,” “immigration consultant,” or “immigration specialist,” and the literal translation of “Notary Public” into another language is prohibited in notary advertising. Under section 117.05(10), a nonlawyer notary who advertises in a language other than English must include a notice stating, in English and in the advertisement’s language: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”

Those rules matter in the Tampa Bay area. According to the U.S. Census Bureau’s QuickFacts for Hillsborough County, 19.7% of county residents were foreign-born and 30.7% of residents age 5 and older spoke a language other than English at home in the 2020-2024 American Community Survey estimates. In much of Latin America a notario público is a trained legal professional, so a sign that says “notario” can suggest legal skill to a customer even when the person behind the desk did not intend it.

Legal scholars have documented the same pattern. In Combatting California’s Notario Fraud, published in the Chicanx-Latinx Law Review in 2017, Bianca Carvajal argues that notario fraud persists because enforcement waits for victims to report it, and that agencies need to seek out and prosecute it proactively. In Florida, that means the advertising itself, including signs, social media pages, and business cards, is often the first exhibit in a case.

How Do Our Attorneys Defend an Unlicensed Practice of Law Charge?

Our attorneys start with what the person actually said and did for each customer, because the State must prove conduct, not a job title. The main defense questions:

1. Was it the practice of law? Under Sperry and Brumbaugh, selling forms, typing what a customer wrote, and giving general public information are not. We compare each transaction to those lines.
2. Was the person “otherwise authorized”? Work done under a Florida lawyer’s supervision, or activity a court rule allows, falls outside the statute.
3. For a title or name charge, was it willful? The third category of section 454.23 requires proof that the person willfully pretended to be qualified or willfully used a misleading title.
4. Did the person hold out to the public? A private favor for one relative differs from advertising services to the public.
5. Is the State’s evidence reliable? Many cases rest on customer complaints written after a bad result. We test those statements against the documents and any undercover recordings.
6. Can the case resolve without a felony conviction? Restitution, a signed cease and desist agreement, and closing the business can support a reduced charge, pretrial diversion, or a withhold of adjudication.

For a suspended or disbarred lawyer charged under section 454.31, we also examine whether the person knew of the suspension or disbarment on the dates charged, because the statute requires that knowledge. Licensing cases outside the legal field follow a similar pattern; see our guide to unlicensed contracting penalties in Florida.

What Should You Do If You Are Under Investigation for Unlicensed Practice of Law?

Stop the services in question and talk to a defense lawyer before answering any questions from the Bar, an investigator, or police. Practical steps:

• Do not give a statement about what you told customers, even to explain that you meant well. Anything written in response to a Bar inquiry can become evidence.
• Stop advertising any title that suggests legal skill, including “notario,” “consultant,” or “paralegal services” offered directly to the public.
• Keep every record: forms, receipts, contracts, texts, emails, ads, and any supervising lawyer’s instructions. Do not delete social media posts without legal advice.
• Do not contact former customers about the complaint; that can look like witness tampering.
• Call a defense lawyer before signing a cease and desist affidavit, since it may contain admissions.

If an arrest happens in Hillsborough County, the person sees a judge at first appearance within 24 hours, usually at the Orient Road Jail, and the case is prosecuted by the State Attorney’s Office for the 13th Judicial Circuit. See our Hillsborough County criminal defense attorney page, or our pages for Pinellas County and Pasco County cases. When there is no arrest yet, our representation before charges are filed can address the Bar inquiry and the State Attorney at the same time.

Firm case result: Bar investigation closed with no criminal charges. Rocky Brancato represented a professional under investigation by The Florida Bar for the unlicensed practice of law, which in Florida is also a third-degree felony. His carefully prepared written responses to the Bar protected the client’s rights while working toward a resolution. No criminal charges were filed, and the Bar closed its file with a Letter of Advisement; the client was not required to admit any wrongdoing. More outcomes are on our case results page. Past results do not guarantee future outcomes.

Frequently Asked Questions About Unlicensed Practice of Law in Florida

Is the unlicensed practice of law a felony in Florida?

Yes. Since October 1, 2004, section 454.23 has made it a third-degree felony with up to 5 years in prison and a $5,000 fine. The Brancato Law Firm reviews the Bar file and the advertising first, because those usually decide how strong the State’s case is.

Can a paralegal be charged with unlicensed practice of law?

Yes, if the paralegal gives legal advice or represents people without a Florida lawyer’s supervision. Our attorneys at The Brancato Law Firm document the supervising lawyer’s role, because supervised work falls under the “otherwise authorized” language; our white collar defense page explains how we handle professional charges.

Can a notary help with immigration forms in Florida?

A notary who is not authorized to represent people in immigration matters may notarize signatures but may not give immigration advice or advertise as a “notario,” “immigration consultant,” or “immigration specialist.” The Brancato Law Firm defends notaries whose advertising or paperwork has drawn a Bar complaint or a criminal charge.

Is it illegal to file court papers for a family member in jail?

It can be. In October 2026 the Fourth District Court of Appeal warned that a nonlawyer who prepared and e-filed petitions for inmates was likely engaged in the unlicensed practice of law and threatened a referral to the Bar and the State Attorney. The Brancato Law Firm can step in through our pre-file advocacy before a referral turns into a charge.

What happens when The Florida Bar investigates unlicensed practice of law?

Bar counsel and a local UPL committee review the complaint and can seek a cease and desist affidavit or a civil injunction from the Florida Supreme Court. Our attorneys at The Brancato Law Firm respond to the Bar with the criminal case in mind, since a felony charge is filed separately by the State Attorney.

Can unlicensed practice of law charges be dropped in Florida?

Yes, when the conduct was not the practice of law, the person was authorized, the State cannot prove willfulness on a title charge, or the case resolves through restitution and diversion. The Brancato Law Firm presents those facts to the prosecutor early, often before a charging decision.

Talk to a Tampa Defense Attorney About a UPL Accusation

If you received a letter from The Florida Bar, an investigator asked about your services, or you have a court date, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will review your forms, ads, and customer records, explain where the legal line sits for your business, and work to keep a licensing problem from becoming a felony record. You can call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Tampa White Collar Crime Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former police academy instructor who taught officers the law of stops and searches, I read Vasquez Perdomo as a case about the Fourth Amendment as much as immigration. Many Florida criminal cases now begin with an encounter involving an officer who also holds federal immigration authority. Our attorneys look at how every stop started, because a stop without reasonable suspicion can still lead to suppression of evidence in a Florida criminal case.

What Happened in Noem v. Vasquez Perdomo?

The case began as a challenge to immigration sweeps in the Los Angeles area in the summer of 2025. Pedro Vasquez Perdomo and other plaintiffs, along with immigrant rights groups, sued the Department of Homeland Security in the U.S. District Court for the Central District of California (No. 2:25-cv-05605). They alleged that agents were stopping people at bus stops, car washes, tow yards, farms, and day-labor sites based on how they looked, what language they spoke, where they were, and what work they did.

On July 11, 2025, District Judge Maame Ewusi-Mensah Frimpong issued a temporary restraining order that barred stops based solely on four factors, alone or in combination:

1. Apparent race or ethnicity.
2. Speaking Spanish or speaking English with an accent.
3. Presence at a particular location, such as a bus stop, car wash, tow yard, day-labor pickup site, or agricultural site.
4. The type of work a person does.

The Ninth Circuit refused to stay that order on August 1, 2025. The government then asked the Supreme Court for emergency relief.

What Did the Supreme Court Decide?

The Supreme Court granted the government’s application and stayed the district court’s order. In Noem v. Vasquez Perdomo, 606 U.S. ___, 146 S. Ct. 1 (2025), the Court’s one-paragraph order stayed the July 11 order “pending the disposition of the appeal” in the Ninth Circuit and any timely petition for certiorari. The order did not explain the Court’s reasons, which is common for rulings on the emergency docket.

What Did Justice Kavanaugh’s Concurrence Say?

Justice Kavanaugh wrote that the four factors, taken together, can give agents reasonable suspicion of illegal presence in the Los Angeles area. He wrote: “To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court’s case law regarding immigration stops, however, it can be a ‘relevant factor’ when considered along with other salient factors.” He relied on the high number of people in the Los Angeles region without legal status, which he put at “about 2 million illegal immigrants out of a total population of 20 million.”

He also described the stops as brief: “If the person is a U. S. citizen or otherwise lawfully in the United States, that individual will be free to go after the brief encounter.” And he concluded that the plaintiffs likely lacked standing to seek a broad, forward-looking injunction under Los Angeles v. Lyons, because they could not show they were likely to be stopped again. Commentators have since used the term “Kavanaugh stop” for a brief immigration stop justified by a combination of these factors.

What Did Justice Sotomayor’s Dissent Say?

Justice Sotomayor, joined by Justices Kagan and Jackson, argued that stops based on the four factors violate the Fourth Amendment because they are not individualized. Quoting earlier precedent, she wrote that a set of facts cannot be reasonable suspicion if it “describe[s] a very large category of presumably innocent” people. She warned that the ruling pushes citizens to carry proof of status to move freely, which she described as creating a second-class citizenship status for people who look or sound a certain way.

How Does Vasquez Perdomo Fit With Brignoni-Ponce?

Vasquez Perdomo builds on a 50-year-old case about roving Border Patrol stops. In United States v. Brignoni-Ponce, 422 U.S. 873 (1975), Border Patrol officers in southern California stopped a car only because its three occupants appeared to be of Mexican descent. The Supreme Court held that officers on roving patrol need “specific articulable facts” supporting reasonable suspicion, and that Mexican ancestry “standing alone” does not justify a stop, though it can be “a relevant factor.” Justice Kavanaugh cited that “relevant factor” language; Justice Sotomayor cited the same case for its holding that appearance alone is not enough.

Scholars warned about this tension long before 2025. In “How Racial Profiling in America Became the Law of the Land: United States v. Brignoni-Ponce and Whren v. United States and the Need for Truly Rebellious Lawyering,” 98 Geo. L.J. 1005 (2010), presented at a Georgetown Law Journal symposium, then-Dean Kevin R. Johnson of UC Davis School of Law examined how Brignoni-Ponce’s “relevant factor” language and Whren’s tolerance of pretext stops left room for race to shape enforcement decisions.

Has the Supreme Court Said Anything About Race-Based Stops Since?

Yes. Three months later, in Trump v. Illinois, 607 U.S. 1 (2025), a December 23, 2025 decision about the National Guard deployment in Illinois, Justice Kavanaugh wrote in a concurrence that the Fourth Amendment requires that immigration stops “be based on reasonable suspicion of illegal presence, stops must be brief, arrests must be based on probable cause, and officers must not employ excessive force.” He added: “Moreover, the officers must not make interior immigration stops or arrests based on race or ethnicity.”

Where Does the Vasquez Perdomo Case Stand in 2026?

The Supreme Court’s stay is still the last word on the July 2025 restraining order, and the lawsuit continues in the district court. According to the Civil Rights Litigation Clearinghouse docket summary, the Ninth Circuit sent the case back in October 2025 so the district court could dissolve the Fourth Amendment portion of the restraining order. In 2026, the district court largely denied the government’s motion to dismiss, the plaintiffs filed a second amended complaint, and in June 2026 they moved for class certification and a new preliminary injunction against alleged warrantless arrests. As of the most recent docket update we reviewed, those motions had not been decided.

Does Vasquez Perdomo Apply in Florida?

The stay itself applies only to the Los Angeles order, but the reasoning reaches Florida because immigration enforcement here runs heavily through local police and sheriffs. Section 908.11, Florida Statutes, requires every sheriff or chief correctional officer operating a county jail to enter a written 287(g) agreement with U.S. Immigration and Customs Enforcement, which lets trained local officers perform certain immigration functions.

Participation goes well beyond county jails. A statewide snapshot posted by FDLE, the Immigration Agency Data Summary, which uses ICE and Criminal Justice Standards and Training Commission data as of June 2026, shows that 272 of 394 Florida law enforcement agencies held a 287(g) Task Force Officer agreement, and that Florida had 9,026 credentialed designated immigration officers.

That means a stop in Tampa Bay may be made by an officer who can ask both criminal and immigration questions. Justice Kavanaugh’s later statement in Trump v. Illinois, that officers “must not make interior immigration stops or arrests based on race or ethnicity,” is a point our attorneys raise when the facts show appearance or language drove the stop.

Can Evidence From an Unlawful Immigration Stop Be Suppressed in Florida?

In a Florida criminal case, yes, evidence from a stop made without reasonable suspicion can be suppressed under the Fourth Amendment, no matter which agency made the stop. A traffic or street stop that leads to drugs, a weapon, or a no-valid-license charge rises or falls on what the officer knew before the stop. Our Tampa criminal traffic lawyer page covers the license charges that often follow these stops.

Immigration court is different. In INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), the Supreme Court held that the exclusionary rule generally does not apply in civil deportation proceedings, while leaving open “egregious violations of Fourth Amendment or other liberties.” So a suppression win in state court does not automatically end an immigration case, and a person facing both needs advice on each. Our firm handles the Florida criminal case and works with the client’s immigration counsel.

What Should You Do If You Are Stopped and Questioned About Immigration Status?

Stay calm, do not run or resist, and do not lie or show false documents. You can ask whether you are free to leave. You can decline to answer questions about where you were born or your immigration status and say you want to speak with a lawyer, though a driver must still produce a license, registration, and proof of insurance on request in Florida. Remember the officer’s name, agency, and badge number, and write down what happened as soon as you can.

If a family member is arrested in Hillsborough County, language matters from the first hearing. Under section 903.046, Florida Statutes, immigration status is one of the factors a judge considers in setting bail, and in the 13th Judicial Circuit, the Court Interpreter Center provides interpreters for first appearance, arraignment, and trial. Our guides to how a bond hearing works in Tampa and to our Spanish-speaking criminal defense team explain what families can expect. For another recent Fourth Amendment decision, see our post on Case v. Montana and police welfare checks.

Frequently Asked Questions About Noem v. Vasquez Perdomo

Did the Supreme Court rule that ICE can use race in immigration stops?

No, the Court issued an unexplained stay, and Justice Kavanaugh’s concurrence said apparent ethnicity alone cannot furnish reasonable suspicion, though it can be one factor among others. The Brancato Law Firm reads the stop reports in our clients’ Florida cases to see whether anything beyond appearance or language supported the stop.

Is Noem v. Vasquez Perdomo a final decision?

No, it is an emergency stay that keeps the July 2025 restraining order on hold while the case continues in the lower courts. Our attorneys at The Brancato Law Firm follow the litigation because a later ruling could change how courts view these stops.

What is a Kavanaugh stop?

A Kavanaugh stop is a commentator’s term for a brief immigration stop justified by a combination of factors such as location, type of work, language, and apparent ethnicity, based on Justice Kavanaugh’s concurrence. The Brancato Law Firm challenges the reasonable suspicion behind any stop that leads to a Florida criminal charge; see our criminal traffic defense page for license cases.

Do I have to answer an officer’s questions about my immigration status in Florida?

No, you generally have the right to remain silent and to ask for a lawyer, but you should not lie, run, or present false documents, and drivers must show a license on request. Our attorneys at The Brancato Law Firm, including Spanish-speaking staff, can explain these rights to your family in their own language.

Can a U.S. citizen be detained in an immigration stop?

Yes, the stops allowed by the stay can involve U.S. citizens, and Justice Kavanaugh wrote that a citizen “will be free to go after the brief encounter.” The Brancato Law Firm advises clients who were detained to write down the details right away, because those facts matter if a criminal charge follows.

Can a Florida criminal case be dismissed because of an illegal stop?

Often the remedy is suppression of the evidence, which can lead the State to drop the charge if the evidence was its whole case. Our attorneys at The Brancato Law Firm file motions to suppress in Hillsborough, Pinellas, and Pasco County courts when a stop lacked reasonable suspicion; our Tampa criminal defense team can review the report.

For how this fits into the rest of a case, see our stage-by-stage guide to the Florida criminal case process.

Talk to a Tampa Defense Attorney After a Stop

If a stop led to an arrest, the first decision is whether to challenge how the officer made it, and that review should happen before the arraignment. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French, so families can talk with us directly about the criminal case and its immigration consequences.

For more about our defense strategies, visit our Tampa Criminal Traffic Lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If an officer stopped you in Tampa and mentioned a “hit” on your plate, a camera on a pole may have made the first decision in your case before any person did. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former police academy instructor who has spent more than 25 years in Hillsborough County courtrooms. I taught officers how stops are supposed to work, and our attorneys now use that training to test whether a plate-reader alert gave police a lawful reason to pull a car over.

What Is a Flock Camera?

A Flock camera is an automated license plate reader sold by Flock Safety, an Atlanta-based company that is one of the largest ALPR vendors in the country. Florida law, in section 316.0777, Florida Statutes, defines an automated license plate recognition system as one or more mobile or fixed high-speed cameras combined with computer algorithms that convert images of license plates into computer-readable data. Flock’s version also records the vehicle’s make, color, and distinguishing features such as roof racks or bumper stickers, which Flock markets as a “Vehicle Fingerprint.”

The cameras take still photographs of the rear of passing cars, not continuous video of drivers. Each read is time-stamped and stored in a database that the agency that owns the camera can search, and agencies can choose to share access with other agencies. The Brancato Law Firm treats every ALPR read in a case as evidence with a source, a time stamp, and an error rate that can be tested.

Does Florida Have Flock Cameras, and Are They Legal?

Yes. ALPRs, including Flock cameras, are legal in Florida, and law enforcement agencies, cities, homeowners associations, and businesses across Tampa Bay use them. Section 316.0777(2)(b) lets the Department of Transportation, at its discretion, allow a law enforcement agency to install an ALPR in the right-of-way of a state highway for the purpose of collecting active criminal intelligence or investigative information. The same statute says an ALPR may not be used to issue a traffic citation or notice of violation, and that a camera must come down within 30 days after the department tells the agency to remove it.

The department used that power on August 31, 2026. FDOT Engineering and Operations Memorandum No. 26-01 revoked every approval for law enforcement ALPRs on state highway rights-of-way, gave agencies 30 days to remove them, and stopped issuing new permits. The memo cited “the recent exponential increase in deployments” and “concerning reports of misuse, data privacy concerns, and surveillance schemes.” The order does not reach cameras on city or county roads, private property, or HOA entrances, so many Flock cameras in Hillsborough, Pinellas, and Pasco Counties remain in place. Our attorneys at The Brancato Law Firm check where the camera in a client’s case was mounted and whether its permit was valid on the date of the read.

Are There Flock Cameras in Tampa, Hillsborough, Pinellas, and Pasco?

Yes. All three counties’ largest law enforcement agencies have used license plate readers, and each responded differently to the state order. In September 2026, the Tampa Police Department said it would remove 17 cameras on the State Highway System and reported that its readers had aided in 622 arrests, recovered 485 vehicles and 68 firearms, and helped in 14 missing persons cases, according to WUSF reporting on the removals. The Pasco County Sheriff’s Office said it was removing all 70 of its Flock cameras in county and state rights-of-way. The Hillsborough County Sheriff’s Office declined to say how many cameras had to come down, citing a public records exemption.

In Pinellas County, Sheriff Bob Gualtieri told county commissioners in October 2026 that his office runs 79 stationary cameras under a Flock contract costing $287,000 a year, according to Bay News 9. That presentation came about a week after a former Pinellas deputy was arrested on felony charges for allegedly running a license plate reader database about 300 times to track a woman. Prosecutors dropped that deputy’s charges on October 29, 2026, and on November 5, 2026, a third former Pinellas deputy, Ronald Scott, was arrested after an agency audit found more than 100 unauthorized Flock and driver’s license searches on his estranged wife and her circle. Our separate guide on whether police can be charged for misusing Flock cameras in Florida covers that side of the issue.

These agency figures describe what the cameras find, and they leave out what defense lawyers see. In a 2019 study published in Police Quarterly, George Mason University researchers Christopher Koper and Cynthia Lum examined a city that installed nearly 100 fixed readers and found that clearances for auto theft and robbery improved, but the improvements were not statistically significant once other factors were controlled (National Criminal Justice Reference Service abstract). A camera network produces many reads; each read still has to be connected to the right car, the right driver, and the right moment.

Can a Flock Camera Hit Lead to a Traffic Stop and Arrest in Tampa?

Yes. A plate-reader alert can lead to a stop, but the officer must still have reasonable suspicion that the specific car or driver is involved in a crime or traffic violation. Florida’s stop law, section 901.151, Florida Statutes, and the Fourth Amendment both require it. The usual sequence in Hillsborough County looks like this:

1. The camera reads a plate and the system matches it to a hotlist entry, such as a stolen vehicle, a warrant, or a be-on-the-lookout alert.
2. Nearby officers receive the alert with the read’s location, time, and photo.
3. An officer finds the car and decides whether to stop it.
4. During the stop, the officer may find a suspended license, drugs, a weapon, or a warrant, and that is where most criminal cases start.

Kansas v. Glover: what a database check can and cannot justify

In Kansas v. Glover, 589 U.S. 376 (2020), a Kansas deputy ran a pickup’s plate, learned the registered owner’s license was revoked, and stopped the truck without seeing any traffic violation. The U.S. Supreme Court held the stop was lawful because it was reasonable to infer that the owner was driving, and the deputy had no information suggesting otherwise. The Court stressed that its holding was narrow: if the officer knows facts that undercut the inference, such as an owner in his mid-sixties and a driver who looks to be in her mid-twenties, the database result alone does not justify the stop. Our attorneys look for those facts in the body-camera video.

State v. Teamer: a mismatch in the database is not enough by itself

In State v. Teamer, 151 So. 3d 421 (Fla. 2014), a deputy ran a plate and saw that the registration listed a different color than the car in front of him. The Florida Supreme Court held that the color discrepancy alone did not give reasonable suspicion for a stop, because it is not illegal in Florida to repaint a car without telling the state, and ordered the defendant discharged. Flock’s “Vehicle Fingerprint” records the same kind of color and feature data, so Teamer gives our attorneys a Florida Supreme Court rule for stops based on a description mismatch in the system.

These cases matter at more than one stage. A stop that lacked reasonable suspicion can be challenged with a motion to suppress before trial, and if the motion succeeds, the drugs, weapon, or statements found after the stop can be excluded. For impaired-driving arrests that began with a plate-reader alert, our Tampa DUI lawyer page explains how the stop is evaluated with the rest of the case.

Is a License Plate Scan a Search Under the Fourth Amendment?

Usually not. Courts have generally held that photographing a license plate on a public road is not a Fourth Amendment search, because the plate is displayed for anyone to see. The harder question is what happens when police search weeks of stored reads to reconstruct where a person drove, and no Florida appellate decision we have found resolves that question for ALPR databases.

The guidepost is Carpenter v. United States, 585 U.S. 296 (2018). The Supreme Court held that obtaining 127 days of historical cell-site location records was a search that generally requires a warrant, because the records gave an all-encompassing picture of the person’s movements. The Court called its decision narrow and said it was not calling into question conventional surveillance tools such as security cameras. Defense lawyers nationwide argue that a dense ALPR network can approach the tracking Carpenter described; prosecutors answer that scattered plate photos are closer to a security camera. The Brancato Law Firm raises the argument when the State’s case depends on a long history of reads rather than a single alert.

Historical searches are already being used as trial evidence in Florida. In Mathis v. State, No. 4D2024-1543 (Fla. 4th DCA Apr. 8, 2026), a Broward County second-degree murder case, license plate readers in Lighthouse Point captured the defendant’s car following the victim’s van into the city and leaving about six minutes later, and the reader database showed the car had never been in Lighthouse Point before. The Fourth District affirmed the conviction, relying on that evidence along with DNA, video, and phone records. The case shows how an ALPR history becomes part of a circumstantial case, which is why our attorneys demand the full search log, not just the reads the State chose to print.

Who Can See Flock Camera Data, and How Long Is It Kept?

In Florida, ALPR images and data that contain personal identifying information are confidential and exempt from public records requests under section 316.0777(3). The statute allows the information to be shared with criminal justice agencies performing their official duties, and it gives one important right to drivers: information relating to a license plate registered to you may be disclosed to you, unless it is active criminal intelligence or active criminal investigative information. The Brancato Law Firm uses that provision, along with criminal discovery, to obtain the reads of a client’s own plate.

Retention is capped by section 316.0778, Florida Statutes, which directs the Department of State, in consultation with the Florida Department of Law Enforcement, to set a maximum retention period by schedule. Agencies often keep data for much less. Flock’s long-standing default was 30 days, and on August 13, 2026, Flock’s CEO announced that the company recommends agencies cut retention to seven days, according to WECT reporting. A shorter retention period means a defense request has to go out fast, before the reads that help a client are deleted.

Do Flock Cameras Record Speed or Share Data With ICE?

Flock license plate readers do not measure speed. School-zone speed cameras are a separate system governed by section 316.1896, Florida Statutes, which bars using those cameras for remote surveillance, limits their photos and video to school-zone speeding enforcement and incidents captured along the way, and requires the images to be destroyed within 90 days after final disposition. Tampa’s school-zone program uses RedSpeed cameras, and Tampa police told the City Council in July 2026 that the cameras will not include license plate readers or share data with Flock, according to the Pineapple Report.

On immigration, Flock says it does not contract directly with U.S. Immigration and Customs Enforcement, but local agencies can share the data they collect. Suncoast Searchlight reported in 2025 that the Florida Highway Patrol ran more than 250 immigration-related searches of the Flock network between March 13 and May 5, 2025 (WUSF republication). If a family member was stopped and questioned about immigration status, our attorneys defend the criminal case and coordinate with immigration counsel on the immigration side. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French, so families can talk through what happened in their own language.

How Do Our Attorneys Challenge License Plate Reader Evidence?

Our attorneys challenge ALPR evidence by testing the read, the alert, the stop, and the data trail, in that order. These are the questions we answer first:

1. Was the plate read correctly? We obtain the raw image and compare every character. Plate-reading software can confuse similar characters, and a misread can send officers after the wrong car.
2. Was the alert still valid? We obtain the hotlist entry and its time stamp. A stolen car that was recovered or a warrant that was cleared can stay on a list after it should have been removed.
3. Did the officer confirm before stopping? Under Glover and Teamer, we look at what the officer saw: whether the car, the driver, and the alert actually matched.
4. Was the camera lawfully placed? After FDOT Memorandum No. 26-01, a camera still operating on a state right-of-way after the removal deadline is a fact worth litigating.
5. Who searched the data, and why? We request the audit log of searches on the client’s plate, which can reveal fishing expeditions or misuse.
6. Was the data preserved? We send preservation requests early, because short retention periods can erase reads that support the defense.

Drug, weapon, and stolen-vehicle cases often begin with a plate-reader stop, and our Tampa drug crimes attorney page describes how we defend the charges that follow. When someone learns that investigators are pulling plate-reader history before any arrest, our representation before charges are filed can address the investigation directly.

What Should You Do If Police Stop You Because of a License Plate Reader?

Stay calm, do not argue about the camera at the roadside, and protect the record. The stop itself is where the strongest defenses are built, so details matter:

• Ask, calmly, why you were stopped, and remember the officer’s exact words about a “hit” or “alert.”
• Do not consent to a search of your car; you can say so politely.
• Do not answer questions about where you have been; the reads already tell police where the car went.
• Write down the time, the street, and the direction you were driving as soon as you can.
• Call a defense attorney quickly so preservation requests go out before the data is deleted.

Frequently Asked Questions About Flock Cameras in Florida

Are Flock cameras being removed from Florida roads?

Yes, Flock and other law enforcement license plate readers on state highway rights-of-way had to come down within 30 days of the FDOT memorandum issued August 31, 2026. The Brancato Law Firm checks whether the camera in a client’s case sat on a state, county, city, or private site, because only state rights-of-way were covered.

Who pays for Flock cameras in Tampa Bay?

Taxpayers pay for law enforcement cameras through agency contracts, and HOAs or businesses pay for the cameras they buy. Our attorneys at The Brancato Law Firm request the contract and sharing settings in cases where a private camera fed an alert to police, as with the Pinellas Sheriff’s $287,000-a-year Flock contract reported in October 2026.

Can police use a Flock camera to give me a speeding or red-light ticket?

No, an ALPR installed on a state highway may not be used to issue a traffic citation or notice of violation under section 316.0777. The Brancato Law Firm separates camera-based school-zone and red-light tickets, which have their own statutes, from criminal stops that start with a plate-reader alert; see our Hillsborough County criminal defense attorney page for the criminal side.

Can I find out whether a Flock camera recorded my car?

Often yes, because section 316.0777(4)(b) allows information about a plate registered to you to be disclosed to you unless it is active criminal intelligence or investigative information. When a client is charged, The Brancato Law Firm obtains those reads through discovery, which reaches more than a public records request.

Can a license plate reader stop be thrown out in Florida?

Yes, if the officer lacked reasonable suspicion for the specific car and driver, the evidence from the stop can be suppressed. Our attorneys at The Brancato Law Firm build those motions around the raw image, the hotlist time stamp, and the body-camera video, using Teamer and Glover as the framework, including in St. Petersburg and Clearwater cases covered on our Pinellas County criminal defense page.

Are Flock cameras the same as police misusing the database?

No, using the cameras is legal, but searching the database for personal reasons can be a crime for the officer who does it. The Brancato Law Firm explains those charges in our guide to police misuse of Flock cameras in Florida.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa internet crimes defense practice.

Talk to a Tampa Defense Attorney About a License Plate Reader Stop

Write down where and when you were stopped, then call us before the reads are deleted. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can be reached at (813) 727-7159, and our attorneys will start by requesting the raw image, the alert record, and the search log for your plate. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

For more about our defense strategies, visit our Tampa DUI Lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

In Hillsborough County, almost one in three residents speaks a language other than English at home. For many of them, an arrest means trying to understand bond, charges, and deadlines through a stranger’s translation. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I have spent more than 25 years in Hillsborough County courtrooms, and I have watched language barriers cost people their best options. That is why our firm offers representation in Spanish and Haitian Creole as well as English.

Who at The Brancato Law Firm speaks Spanish and Haitian Creole?

Attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French, and he joined The Brancato Law Firm in May 2026. Our firm also has Spanish-speaking staff, so families can call in Spanish from the first contact.

Jean-Luc earned his law degree at New York University School of Law, where he was a Root-Tilden-Kern Public Interest Scholar, and he worked at The Bronx Defenders in New York City. At the Hillsborough County Public Defender’s Office, he rose to Division Chief, supervising a division of attorneys while handling serious cases himself. He has defended charges ranging from DUI to homicide.

Our phone line includes a language prompt, so callers can choose Spanish when they reach us at (813) 727-7159. Consultations can be held in Spanish, Haitian Creole, French, or English.

Do I have the right to an interpreter in a Florida criminal case?

Yes. Under Florida Rule of General Practice and Judicial Administration 2.560(b), “The court must appoint an interpreter in any criminal or juvenile delinquency proceeding in which the accused, the parent or legal guardian of the accused juvenile, the victim, or the alleged victim cannot understand or has limited understanding of English, or cannot be sufficiently understood in English.” The rule appears in the Florida Rules of General Practice and Judicial Administration. For witnesses, section 90.606, Florida Statutes requires a qualified interpreter to be sworn when a witness cannot understand or speak English well enough to be understood.

In the 13th Judicial Circuit, the Court Interpreter Center provides interpreters for due-process hearings such as first appearance, arraignment, and trial. Its staff interpreters cover Spanish, and freelance interpreters cover more than 20 other languages and dialects. Interpreters can be requested at (813) 272-5947.

When a lawyer hires an interpreter for work outside the courtroom, such as a jail visit or a witness interview, Rule 2.565 requires the lawyer to use a certified, language-skilled, or provisionally approved interpreter whenever possible. That rule exists because translation quality matters.

Is a Spanish-speaking lawyer better than using an interpreter?

For most clients, yes. A court interpreter translates what is said in the courtroom. A lawyer who speaks your language can do the work that happens outside it: explaining the police report, reviewing body camera video with you, walking through the scoresheet, and answering your family’s questions about bond.

Language errors have real consequences. The Brennan Center for Justice’s report Language Access in State Courts (2009) described a Florida case in which an interpreter who had never been assessed for competency worked thousands of cases, and one defendant pleaded guilty to a felony while believing he was pleading to a misdemeanor. Florida’s interpreter rules have been strengthened since then, but the lesson is the same: what you understand before you plead matters more than what is translated at the plea.

Can a Miranda warning given in Spanish be challenged?

Yes, when the translation or the questioning breaks down. In Cuervo v. State, 967 So. 2d 155 (Fla. 2007), a Spanish-speaking suspect told detectives, “No quiero declarar nada,” meaning he did not want to make any statement. The trial court translated it differently and admitted his confession. The Florida Supreme Court held that he had clearly invoked his right to remain silent, that continued questioning violated Miranda, and that he was entitled to a new trial.

In State v. Soto, 954 So. 2d 686 (Fla. 4th DCA 2007), the court upheld suppression where the defendant had “manifest language difficulties,” and an officer told him to answer only in English. Florida courts do not throw out every imperfect translation. They look at whether the person actually understood the rights and whether a request to stop or to have a lawyer was honored. A lawyer who speaks the language can spot those problems in the recording that an English-only lawyer may miss.

How can a criminal case affect my immigration status?

A criminal case can affect immigration status even when the charge seems minor. In Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court held that “counsel must inform her client whether his plea carries a risk of deportation.” Florida judges must also warn every defendant at a plea, under Florida Rule of Criminal Procedure 3.172(c)(8), that a plea “regardless of whether adjudication of guilt has been withheld, may have the additional consequence of changing his or her immigration status, including deportation or removal from the United States.”

Notice that a withhold of adjudication does not protect a noncitizen. Our attorneys work to resolve cases in ways that avoid immigration consequences. In September 2026, a client charged with possessing a short-barreled rifle, cannabis, and paraphernalia was accepted into diversion after a mitigation report and a possession motion, avoiding a felony and likely deportation. In April 2025, a motion to suppress gave the defense the bargaining power to obtain diversion in a corruption by threat and resisting case, giving the client a path to avoid deportation. See our case results page. Past results do not guarantee future outcomes. When a case carries immigration risk, we also recommend that the client consult an immigration attorney.

How many people in Hillsborough County need language access?

Many. According to the U.S. Census Bureau’s QuickFacts for Hillsborough County, 30.7% of residents age 5 and older spoke a language other than English at home in the 2020 to 2024 American Community Survey, 32.1% of residents are Hispanic or Latino, and 19.7% were born outside the United States.

That is a large share of the people who appear in Hillsborough County courtrooms every day. At first appearance in Hillsborough, the person appears by video from the jail while the judge and the lawyers appear from downtown. For someone who does not speak English well, that video hearing can be confusing. A lawyer who can speak with the family beforehand, in their language, can bring the information that helps a judge set a reasonable bond.

What cases does our firm handle in Spanish and Haitian Creole?

Our attorneys handle the full range of criminal cases in Spanish and Haitian Creole, including:

• DUI and criminal traffic offenses
• Drug possession and trafficking
• Domestic violence and battery
• Violent crimes, robbery, and burglary
• Weapons charges
• Sex crimes
• Homicide and manslaughter
• Probation violations
• Juvenile cases
• Investigations before charges are filed, through our pre-file advocacy

Cases are heard at the Hillsborough County Courthouse in Tampa, the Pinellas County Criminal Justice Center, and the West and East Pasco judicial centers. Learn more on our Hillsborough County criminal defense attorney page and our practice areas page. For more about your rights in court, read our post on the right to an interpreter in court.

Resumen en español

The Brancato Law Firm, P.A. ofrece defensa criminal en español en los condados de Hillsborough, Pinellas y Pasco. El abogado Jean-Luc Adrien habla español, criollo haitiano y francés, y nuestro equipo incluye personal que habla español. Si usted o un familiar ha sido arrestado, llame al (813) 727-7159 y seleccione español. Le explicaremos los cargos, la fianza y las consecuencias migratorias en su idioma, sin intermediarios.

Frequently asked questions about Spanish-speaking criminal defense in Tampa

Does The Brancato Law Firm have a Spanish-speaking criminal defense lawyer?

Yes. Attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French, and The Brancato Law Firm also has Spanish-speaking staff who can take calls from clients and families.

Is there a Haitian Creole-speaking criminal lawyer in Tampa?

Yes. Jean-Luc Adrien of The Brancato Law Firm speaks Haitian Creole and handles criminal cases in Hillsborough, Pinellas, and Pasco Counties. Haitian Creole is not among the languages covered by the 13th Circuit’s staff interpreters, so having a lawyer who speaks it directly can make a real difference.

Will the court give me an interpreter for free in a criminal case?

Yes. Rule 2.560(b) requires the court to appoint an interpreter in any criminal proceeding when the accused cannot understand or has limited understanding of English. The Brancato Law Firm makes sure interpreters are requested for every hearing, and our attorneys explain each hearing to clients beforehand in their language.

Can my family call the firm in Spanish?

Yes. Families can call (813) 727-7159 and choose Spanish at the language prompt, and you can call us at any hour. The Brancato Law Firm often speaks with families before first appearance, when information about work, family, and ties to the community can help with bond. Learn more on our Hillsborough County criminal defense page.

Can a plea deal get me deported if I am not a citizen?

It can. Under Padilla v. Kentucky, 559 U.S. 356 (2010), defense counsel must advise a noncitizen whether a plea carries a risk of deportation, and Florida’s plea colloquy warns that even a withhold of adjudication may affect immigration status. Our attorneys at The Brancato Law Firm look for resolutions such as diversion that reduce that risk, and we recommend that clients also consult an immigration attorney.

What if police questioned me in English when I speak Spanish?

Your statement may be challengeable. Under Cuervo v. State, 967 So. 2d 155 (Fla. 2007), and State v. Soto, 954 So. 2d 686 (Fla. 4th DCA 2007), Florida courts suppress statements when language problems prevented a person from understanding or invoking their rights. The Brancato Law Firm reviews the recording of the interrogation in the language it was conducted in.

For how this fits into the rest of a case, see our stage-by-stage guide to the Florida criminal case process.

Call a Spanish-speaking defense lawyer in Tampa

The first days after an arrest decide bond, the no-contact conditions, and whether a case is filed at all. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys can speak with you and your family in Spanish, Haitian Creole, French, or English. Call (813) 727-7159 and choose your language. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Each case is unique, and past results do not guarantee future outcomes. This article is general information, not legal advice.