When a new criminal statute takes effect, prosecutors start filing charges that did not exist the day before, and the first cases show how hard the State intends to use it. As 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, I have spent more than 25 years in Hillsborough County courtrooms watching new laws go from bill to charging document. This guide summarizes each October 1, 2026 law in plain English and links to our full post on each one, where our attorneys explain the legislative history, the statute text, and how we defend the charge.

Which Florida Criminal Laws Changed on October 1, 2026?

Eight bills passed in the 2026 legislative session changed Florida criminal law on October 1, 2026. The table below lists each one, the statute it created or changed, and the penalty, with a link to our full guide on each law.

Is Violating a No-Contact Order Now a Crime in Florida?

Yes. Under the Victim Safety in Pretrial Release Act (HB 397), section 903.0472, Florida Statutes, willfully violating a no-contact order set as a bond condition after an arrest for a listed violent crime, such as battery, robbery, stalking, kidnapping, or sexual battery, is a separate crime. Before October 1, 2026, a violation in a non-domestic case usually meant only a bond revocation. Now a first violation is a first-degree misdemeanor, a second is a third-degree felony, and anyone arrested for a violation is held in jail until first appearance.

Jail phone calls are where most of these cases start. In Hillsborough County, prosecutors pull recorded jail calls and charge one count for every call to the protected person, and the Fourth District upheld that approach in Caldwell v. State, No. 4D21-117 (Fla. 4th DCA May 18, 2022), where a defendant who called his victim from jail was convicted on 41 counts. Our full guide, is violating a no-contact order a crime in Florida, explains which charges trigger the law and how The Brancato Law Firm defends these cases.

Is Indecent Exposure in Front of a Child a Felony Now?

Yes. HB 1525 created section 800.035, Florida Statutes, which makes it a third-degree felony for an adult to expose himself or herself while observing a child, even if the child never sees or senses the act. The older lewd or lascivious exhibition statute required proof that the child saw or sensed it. The same bill repealed section 800.02, the old unnatural and lascivious act misdemeanor.

The new crime carries a lower maximum than lewd exhibition, up to 5 years instead of 15, and does not require sex offender registration, but the State no longer has to prove the child was aware of the act. Our post on indecent exposure while observing a child compares the two statutes side by side and explains what our attorneys look for in these cases.

Is It a Felony to Sell Nitrous Oxide in Florida?

Yes, for licensed tobacco and nicotine retailers. Meg’s Law (SB 432), section 569.216, Florida Statutes, makes it a third-degree felony for a licensed tobacco or nicotine dealer, or the dealer’s employee or agent, to possess, sell, deliver, or give away nitrous oxide on or from the licensed premises. That covers smoke shops, vape shops, and convenience stores, but not licensed grocery stores or supermarkets, and it does not ban whipped cream or other foods that use nitrous oxide as a propellant.

The same bill created a new crime of trafficking in xylazine under section 893.135, with mandatory minimum prison terms of 3, 7, or 25 years depending on weight, counting any mixture. Xylazine caused 171 deaths in Florida in just the first six months of 2024, according to the Florida Medical Examiners Commission’s 2024 Interim Drug Report published by FDLE. Store owners and clerks should read our guide on selling nitrous oxide in Florida, and anyone contacted by investigators should ask about our representation before charges are filed.

Can Social Media Make Someone a Gang Member in Florida?

Yes, it can now count. HB 429 expanded the definition of a criminal gang member in section 874.03(3), Florida Statutes to include admitting membership online, using gang-related language on social media in furtherance of gang activity, and being identified or claimed by a gang. It also lowered the number of times a person must be seen with known members from four to two. A person meets the definition by satisfying any two of 13 criteria.

Gang membership is not a crime by itself, but a gang finding can raise penalties and lengthen sentences. Our guide to when someone counts as a gang member in Florida walks through each criterion and how The Brancato Law Firm challenges the evidence behind a gang label.

What Changed for Career Offender Registration?

Career offenders now have to register in person, more often, and on shorter deadlines. SB 1332 amended section 775.261, Florida Statutes, the Career Offender Registration Act, which applies for life to anyone designated a habitual violent felony offender, violent career criminal, three-time violent felony offender, or prison releasee reoffender. Since October 1, 2026, a career offender must register in person at the sheriff’s office within 48 hours, report a new residence after just 3 days, reregister in person every birth month, and carry a driver license or ID marked “775.261, F.S.”

Most failures to register or report are third-degree felonies, and each failure is a separate offense. Our guide to career offender registration in Florida lists every deadline in a before-and-after table and explains how our attorneys defend failure-to-register charges.

Is Animal Cruelty Around a Child a Felony?

Yes. HB 559 made it a separate third-degree felony under section 828.12(4), Florida Statutes for an adult to commit aggravated animal cruelty in the presence of a child under 18, or to cause or entice a child to commit it. The same rule now applies to animal fighting or baiting and to sexual activity involving animals. Starting January 1, 2027, anyone who pleads to or is convicted of animal cruelty, even with adjudication withheld, will appear on a public FDLE website for 3, 5, or 10 years.

Lawmakers tied the bill to research on animal abuse and family violence. In a 1998 study, psychologist Frank Ascione surveyed women at a shelter for battered partners and found that 71% of those who had pets reported that their partner had threatened, hurt, or killed a pet. Our post on animal cruelty around a child covers the new offenses, the database, and how The Brancato Law Firm approaches these charges.

Is Lying on a Rental Application a Crime in Florida?

It can be. HB 1293 created section 817.537, Florida Statutes, which makes it a third-degree felony to take possession of a rental home by knowingly making a materially false written statement about your identity, presenting forged documents such as a fake ID or paystub, or impersonating the person named on the application. The crime carries up to 5 years in prison and a $5,000 fine.

Florida’s identity theft numbers drove the bill. Floridians filed 115,840 identity theft reports in 2024, or 528 per 100,000 residents, the highest rate of any state, according to the Federal Trade Commission’s Consumer Sentinel Network Data Book 2024. Our guide to lying on a rental application in Florida explains the intent element and how our attorneys defend these cases.

Do You Still Have to Report a Car Accident in Florida?

Yes, for injury crashes and crashes with at least $2,000 in apparent damage. SB 488 raised the threshold in section 316.065, Florida Statutes from $500, a figure unchanged since 1989, to $2,000. Failing to call the police is a noncriminal traffic infraction, but the higher threshold does not change the duty to stop, exchange information, and render aid, and leaving the scene is still a crime.

Leaving the scene is a real problem in Florida. The state recorded 395,175 crashes in 2023, and 105,092 of them were hit-and-run crashes, which caused 276 deaths, according to the Florida Department of Highway Safety and Motor Vehicles’ Traffic Crash Facts 2023. SB 488 also lets the state send license suspension notices by email if the driver authorized it. Our guide on whether you have to report a car accident in Florida covers every crash scenario and how The Brancato Law Firm defends leaving-the-scene charges.

How Did the Legislature Vote on the New Criminal Laws?

Five of the eight bills passed with one or no dissenting votes in either chamber. The gang bill, HB 429, drew the most opposition, passing the Senate 29 to 9 largely along party lines. Vote tallies come from the official bill histories.

Do the New Laws Apply to Conduct Before October 1, 2026?

No. A new crime or a harsher penalty applies only to conduct on or after October 1, 2026, because the Ex Post Facto Clause of the U.S. Constitution bars punishing an act under a law passed after it happened. A case based on conduct from September 2026 or earlier is charged under the law as it stood then, even if the arrest happens later.

That timing can help the defense. For example, the repeal of section 800.02 does not erase it for older conduct, and for cases involving conduct before October 1, 2026, our attorneys request the section 800.02 lesser-included offense instruction, a misdemeanor that is not a sex offense, where the evidence supports it. The date of the alleged conduct is one of the first things The Brancato Law Firm checks in any case charged under one of these statutes.

What Should You Do If You Are Charged Under One of the New Laws?

Call a criminal defense attorney before first appearance, and do not talk about the case with police, the alleged victim, or anyone on a jail phone. In Hillsborough County, first appearance judges routinely give no-contact orders in writing, yet our firm still sees paperwork with no signature or a refusal noted, and that detail can matter when the State later claims a violation was willful. Jail calls are recorded, and prosecutors here use those recordings.

If you have not been arrested but think you are under investigation, for example as a store owner after a nitrous oxide inquiry or as a tenant accused of a false application, pre-file advocacy can sometimes keep a case from being filed. For more about how our attorneys handle cases in the 13th Judicial Circuit, visit our Hillsborough County criminal defense attorney page.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.

Frequently Asked Questions

Which of the October 2026 Florida laws created new felonies?

Six did: a second no-contact order violation, indecent exposure while observing a child, selling nitrous oxide from a licensed tobacco or nicotine retailer, aggravated animal cruelty in front of a child, and rental application fraud are all third-degree felonies, and xylazine trafficking is a new felony with mandatory prison. The Brancato Law Firm reviews the charging document in each new-law case to confirm the State charged the right statute and the right degree.

Can one social media post make me a gang member in Florida?

It can count toward the definition, which requires any two of 13 criteria in section 874.03(3), and the statute says a single act can satisfy more than one criterion. Our attorneys at The Brancato Law Firm challenge who wrote a post, what it actually meant, and whether it was made in furtherance of gang activity.

Is the $500 crash reporting rule still the law in Florida?

No. Since October 1, 2026, the threshold for calling police after a crash without injuries is $2,000 in apparent property damage, though you must still stop and exchange information after any crash. When a client faces a leaving-the-scene charge, The Brancato Law Firm looks first at whether the other vehicle was occupied or the property attended, which decides whether the duty applied.

If a victim contacts me first, can I still be arrested for violating a no-contact order?

Yes. The order binds the defendant, not the protected person, so returning a call or text can be charged even if the other person reached out first. The Brancato Law Firm can ask the court to modify or lift a no-contact order, which is the safe way to restore contact; our full guide on no-contact order violations explains how.

Does a withheld adjudication keep me off Florida’s new animal cruelty database?

No. Under HB 559, a plea or a finding of guilt for animal cruelty, even with adjudication withheld, puts a name on the public FDLE website starting January 1, 2027. That is why The Brancato Law Firm weighs the database in every animal cruelty plea offer, not just the sentence.

Where can I read the full text of these new laws?

Each statute is posted on the Florida Legislature’s Online Sunshine website, and each of our eight guides links the exact section, such as section 817.537 for rental fraud. If you have been charged, The Brancato Law Firm can tell you how the statute applies to your facts.

Charges under a brand-new statute are often the first of their kind in the courthouse, and early motions can shape how the State uses the law. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends clients charged under every one of these October 2026 laws. Call (813) 727-7159 before first appearance if 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 criminal defense in Spanish and Haitian Creole in Tampa.

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 you backed into another car in a parking lot this week, the rules for whether you must call the police are different from what they were in September. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a former police academy instructor, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have seen minor crashes turn into criminal cases because a driver left too soon or said too much. Our attorneys explain to drivers what the new threshold changes, and what it does not.

This guide explains the crash reporting change in SB 488 (chapter 2026-39, Laws of Florida), the duties that still apply after every crash, the new email notice rule for license suspensions, and the other criminal provisions in the bill.

What Changed in Florida’s Crash Reporting Law?

SB 488 raised the dollar amount that triggers a driver’s duty to call the police. Under section 316.065, Florida Statutes, the driver of a vehicle in a crash “resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $2,000” must “immediately by the quickest means of communication” notify the local police department, or the sheriff or Florida Highway Patrol outside city limits.

The old threshold was $500, and it had not changed since 1989, when the Legislature raised it from $100, according to the Senate Fiscal Policy Committee’s analysis of SB 488. The same analysis cited insurance industry data showing that the most common repair cost range for crashes since 2021 was $1,000 to $1,499, and that about 60% of crashes caused more than $2,500 in damage. In other words, a $500 threshold covered nearly every fender bender, while a $2,000 threshold still covers most crashes.

Failing to report a crash that meets the threshold is a noncriminal traffic infraction, punishable as a nonmoving violation. The analysis put the base fine at $30, or up to $108 with fees and costs.

Do You Still Have to Stop After a Minor Crash?

Yes. The $2,000 threshold governs only the duty to call the police. It does not change the duty to stop. Under section 316.061, a driver in a crash that damages a vehicle or property “driven or attended by any person” must stop and remain at the scene until he or she has given the information required by section 316.062. Leaving early is a second-degree misdemeanor, with no minimum dollar amount.

A crash with an unoccupied parked car or other unattended property carries its own duty under section 316.063. The driver must stop and either find the owner or leave a secure, visible written note with his or her name, address, and vehicle registration number, and then notify the police without unnecessary delay. Failing to do so is also a second-degree misdemeanor.

The stakes are highest when someone is hurt. Leaving the scene of a crash involving injury or death is a felony in Florida, as explained in our guide to leaving the scene of an accident in Florida.

Hit-and-run crashes are common. According to the Florida Department of Highway Safety and Motor Vehicles’ Traffic Crash Facts 2023, Florida recorded 395,175 crashes in 2023, and 105,092 of them were hit-and-run crashes, which caused 276 deaths. Many of those cases start as minor collisions in which a driver did not know the rules.

Do You Have to File a Report If Police Do Not Come?

Yes, if the crash damaged a vehicle or property and no officer prepares a report. Under section 316.066, the driver of any vehicle “in any manner involved in a crash resulting in damage to a vehicle or other property which does not require a law enforcement report” must submit a written crash report to the Department of Highway Safety and Motor Vehicles within 10 days. Failing to file it is a noncriminal traffic infraction.

That means the higher threshold may shift more paperwork onto drivers. When the police no longer have to be called, the 10-day self-report becomes the official record of the crash.

Can What You Say After a Crash Be Used Against You?

Usually not, if you are speaking only to complete the crash report, but that protection ends when a criminal investigation begins. Section 316.066(4) provides that statements made by a person involved in a crash “for the purpose of completing a crash report” may not be used “as evidence in any trial, civil or criminal.” This is known as the accident report privilege.

The Florida Supreme Court explained the limits of that privilege in State v. Norstrom, 613 So. 2d 437 (Fla. 1993). Norstrom was questioned after a crash, read his Miranda rights, and chose to talk. The Court held his statements could be used because he was never told he had to answer. It added a rule that still governs roadside questioning: if an officer suggests a person must answer questions about a crash, the officer must say “this is now a criminal investigation,” followed immediately by Miranda warnings, before any later statement can be used.

As a former police academy instructor, I can tell you that officers are trained on this line, and defense lawyers look for the moment it was crossed. In DUI and leaving-the-scene cases, our attorneys review body camera video to pinpoint when the crash investigation became a criminal one, and we move to suppress statements made before that moment.

What Else Did SB 488 Change?

SB 488 is a large transportation bill, and two other parts matter to drivers and businesses facing criminal exposure.

• Email notice of license suspensions. Under section 322.251, FLHSMV may now send orders of cancellation, suspension, revocation, or disqualification “by e-mail notification if authorized by the licensee.” Notice is complete 20 days after the email is sent, and “any failure by the person to receive the order does not affect or stay the effective date.” That matters because Florida’s driving while license suspended statute presumes knowledge in many cases when a suspension order is in the department’s records. If you opted into email, check it.
• Fuel tax offenses. The bill created penalties for counterfeiting or illegally altering fuel tax licenses and related permits and for misusing motor fuel tax documents. These provisions mainly affect fuel dealers, carriers, and trucking companies.
• Motor carriers. The bill moved motor carriers from registration to licensing and added recordkeeping requirements.

SB 488 was sponsored by Senator Massullo. It passed with near-unanimous support: 38 to 0 in the Senate on February 19, 2026, 108 to 1 in the House on March 9, 2026, and 36 to 0 when the Senate accepted the House’s changes on March 11, 2026, according to the official bill history. Governor DeSantis signed it on April 21, 2026.

What Should You Do After a Car Accident in Florida?

Follow these steps after any crash, whatever the damage looks like:

1. Stop as close to the scene as safely possible and stay there.
2. Check for injuries and call 911 if anyone is hurt. Render reasonable assistance.
3. Exchange your name, address, vehicle registration number, and, if asked, your driver license with the other driver.
4. Call police if anyone is injured or damage appears to be $2,000 or more. When in doubt, call; modern bumpers and sensors often cost more than they look.
5. If you hit an unattended vehicle or property, find the owner or leave a secure note, then notify police.
6. If no officer makes a report, file your own written report with FLHSMV within 10 days.
7. Be polite, but do not guess about speed, drinking, or fault. If the questions turn toward a crime, you may decline to answer until you speak with a lawyer.

This post is part of our guide to the new Florida criminal laws that took effect October 1, 2026, which summarizes all eight laws in one place.

Frequently Asked Questions

Is it illegal to leave the scene of a minor accident in Florida?

Yes. Leaving the scene of a crash involving an occupied vehicle or attended property, without stopping and exchanging information, is a second-degree misdemeanor regardless of the dollar amount of damage. The Brancato Law Firm defends leaving-the-scene charges through our Tampa criminal traffic lawyer practice.

Do I have to call the police for a parking lot accident in Florida?

You must call if anyone is hurt or the apparent damage is $2,000 or more, and you must notify police after striking an unattended car. Our attorneys at The Brancato Law Firm advise calling whenever the damage is unclear, because failing to report is an infraction while leaving improperly can be a crime.

What happens if I don’t report a car accident in Florida?

Failing to notify police of a reportable crash is a noncriminal traffic infraction, and failing to file a required written report within 10 days is also an infraction. The Brancato Law Firm sees the bigger risk in leaving the scene, which is a criminal charge, and in statements made after the investigation turns criminal.

Can my statements in a crash report be used against me?

Statements made only to complete a required crash report are privileged and cannot be used at trial, but statements made after an officer announces a criminal investigation and gives Miranda warnings can be. Our attorneys at The Brancato Law Firm review body camera footage to find exactly when that line was crossed.

Can Florida suspend my license by email?

Yes, if you authorized email notice. Notice is complete 20 days after the email, and failing to see it does not delay the suspension. The Brancato Law Firm defends driving while license suspended charges, including cases where the driver never knew of the suspension, through our criminal traffic defense attorneys.

Talk to a Tampa Criminal Traffic Lawyer Today

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

A minor crash can become a criminal case in the minutes after impact. If you have been cited or contacted about leaving the scene, or questioned after a crash, our attorneys will review the report, the video, and your statements and tell you where you stand. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. 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-speaking and Haitian Creole-speaking clients.

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.

Hit-and-run cases are often decided by one fact the State has to prove beyond a reasonable doubt: that the driver actually knew there had been a crash. Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, has spent more than 25 years in Hillsborough County courtrooms watching that question shape these cases from the first investigation to the verdict. Our attorneys defend leaving the scene charges across Hillsborough, Pinellas, and Pasco Counties, from property damage misdemeanors to fatal-crash felonies, and we often step in while police are still investigating.

Is leaving the scene of an accident a felony in Florida?

Yes, when the crash caused injury or death. Section 316.027, Florida Statutes requires a driver to “immediately stop” and “remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062.” The degree of the felony depends on the harm. A crash with only property damage falls under section 316.061, Florida Statutes and is a misdemeanor.

The maximums come from section 775.082, Florida Statutes and section 775.083. Our Tampa criminal traffic lawyer team checks the injury classification first, because the line between “injury” and “serious bodily injury” can move a case a full felony degree.

What does Florida law require a driver to do after a crash?

Stop, stay, share information, and help anyone hurt. Under section 316.062, Florida Statutes, the driver must give a name, address, and vehicle registration, show a license on request, and “render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital … if it is apparent that treatment is necessary, or if such carrying is requested.” If no one is able to receive the information and no officer is present, the driver must report the crash “forthwith” to the nearest police office.

Two parts of that statute matter in defense work. Section 316.062(3) says the duty does not require information that “would violate the privilege of such person against self-incrimination.” Section 316.062(4) makes a violation of section 316.062 by itself a noncriminal traffic infraction. The crime comes from leaving before the duties are met.

A driver cannot leave first and report later. In Paleveda v. State, No. 2D2024-0980 (Fla. 2d DCA Jan. 23, 2026), a Hillsborough County fatal crash case, the defense asked for a jury instruction allowing a driver to leave “to find the nearest police station so he could report the accident.” The Second District held the judge properly refused it, because the driver had to stay and determine the victim’s condition first. “Paleveda did not stop. He ran,” the court wrote, and the conviction was affirmed “in all respects.” Our attorneys at The Brancato Law Firm build the defense around what the driver knew and did in those first minutes.

What does the State have to prove in a leaving the scene case?

The State must prove that the defendant was the driver, that the driver knew a crash occurred, that the driver knew or should have known someone was hurt (for the felony tiers), and that the driver willfully failed to stop, remain, or give information and aid. Fault for the crash is not an element. A driver who did nothing wrong in the collision can still be convicted for leaving.

Knowledge of the crash must be actual knowledge. In State v. Dorsett, 158 So. 3d 557 (Fla. 2015), the Florida Supreme Court held that “the State must prove beyond a reasonable doubt that the driver had actual knowledge of the crash, an essential element of the crime.” The standard jury instruction had allowed a conviction if the driver “knew or should have known” of the crash, and the Court held that wording was wrong as to the crash.

The injury element uses a lower standard. Under Dorsett, the State may prove knowledge of injury by showing the driver knew or reasonably should have known of it “from the nature of the accident.” That split matters at trial. A light impact at night, loud music, or a collision with the rear of a long vehicle can each create doubt that the driver knew anything happened, and our attorneys at The Brancato Law Firm reconstruct exactly what the driver could see and hear.

What is the mandatory minimum for leaving the scene of a fatal crash?

Four years in prison. Section 316.027(2)(c) provides that a driver who leaves a crash involving a death “shall be sentenced to a mandatory minimum term of imprisonment of 4 years.” The same 4-year minimum applies if the driver was also DUI. The minimum, the serious bodily injury tier, and the 3-year revocation came from the Aaron Cohen Life Protection Act, chapter 2014-225, Laws of Florida.

The minimum can sometimes be avoided. Under section 316.027(2)(g), the defense may move to depart from the 4-year minimum unless the violation involved DUI. The State may object, and the court may depart only if the minimum “would constitute or result in an injustice,” with reasons stated in open court. A driver arrested on a fatal leaving the scene charge who has certain prior convictions, including a prior leaving the scene or DUI conviction, “shall be held in custody until brought before the court for admittance to bail.”

Sentencing points are another fight. In Chang v. State, No. 2D2023-2090 (Fla. 2d DCA May 14, 2025), a Sarasota County driver pleaded to leaving the scene of a fatal crash and tampering. The judge scored 120 victim-injury points under section 921.0021(7)(e), which allows those points when “the offender caused victim injury,” even though leaving the scene did not cause the death. The Second District upheld the statute against a facial challenge and affirmed a sentence of 15 years in prison followed by probation. The lesson is to contest causation-based points rather than stipulate to them. When the State also claims the driver caused the death, the case may overlap with DUI manslaughter or vehicular homicide, which our attorneys defend as well.

What other penalties come with a leaving the scene conviction?

License revocation, restitution, and possible enhancements:

1. Revocation. Section 316.027(2)(e) requires revocation “for at least 3 years” for any injury, serious bodily injury, or death conviction. Before reinstatement, the driver must complete a victim’s impact panel or an approved vulnerable road user course.
2. Restitution. For the felony tiers, the court “shall order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling reasons not to.” Since October 1, 2025, chapter 2025-14, Laws of Florida also lets a court order restitution for property damage in a section 316.061 case when the driver “caused or otherwise contributed to the crash.”
3. Vulnerable road user enhancement. If the victim was a pedestrian, bicyclist, motorcyclist, scooter rider, road worker, or another vulnerable road user, the offense is “ranked one level above” its normal ranking under section 316.027(2)(f).

Our attorneys at The Brancato Law Firm check each of these before any plea discussion, because a 3-year revocation can matter as much as the sentence.

How do police build a hit-and-run case?

Usually from the scene outward. Investigators start with what was left behind, such as vehicle parts and paint transfer. They canvass for home and business cameras along the route, then identify the vehicle and its registered owner. The last step is often an interview at the owner’s front door, before any arrest.

That interview is where many cases are made. The registered owner is not always the driver, and the officer at the door is trying to close that gap with your own words. Our post on the accident report privilege explains how Florida treats statements made for a crash report. If a detective has called or left a card, our representation before charges are filed can handle the contact, gather the video and phone records that help you, and speak with the State Attorney’s Office before a charging decision.

How common are hit-and-run crashes in Florida?

Common. In 2023, Florida recorded 105,092 hit-and-run crashes, which killed 276 people and caused 954 incapacitating injuries and 21,702 other injuries, according to the FLHSMV Traffic Crash Facts Annual Report 2023. The same report counted 107,844 hit-and-run crashes in 2022 and 109,646 in 2021.

National research shows why identity is so often disputed. The AAA Foundation for Traffic Safety reported in Understanding the Increase in Fatal Hit-and-Run Crashes (March 2026) that hit-and-run deaths nationwide peaked at 2,972 in 2022, 7% of all traffic deaths, and that nearly 80% of those deaths happened in darkness. Among hit-and-run drivers who were identified, over half were driving a vehicle they did not own. Our attorneys at The Brancato Law Firm never assume the owner was the driver.

How do our attorneys fight a leaving the scene charge?

We test every element, then work on the charge level and the sentence:

In practice, that means our attorneys:

1. Reconstruct what the driver perceived, using the vehicle damage, lighting, speed, and sound.
2. Pin down who was driving, with cell phone location, toll and camera records, and witnesses.
3. Document what the driver did do, such as stopping briefly, calling 911, or returning.
4. Challenge the medical proof that an injury was “serious bodily injury.”
5. Prepare a departure case early in fatal cases with no DUI allegation, with family, employment, and remorse evidence.

What should you do if police want to talk to you about a crash?

Call a lawyer before you answer questions. A detective’s request for “your side of the story” usually means the investigation already points at you or your car. In Hillsborough County, a person arrested on a leaving the scene charge sees a judge at first appearance within 24 hours, held at the Orient Road Jail, and the State Attorney’s Office for the 13th Judicial Circuit files the charging information. Our Hillsborough County criminal defense attorney team handles those first appearances. Until then:

1. Do not explain the damage to your car to police, insurers, or friends.
2. Do not repair, sell, or hide the vehicle.
3. Save your phone records and any video from the time of the crash.
4. Let your lawyer arrange any surrender, which can affect bond.

If the case also involves a police chase, see our guide on fleeing and eluding in Florida, since fleeing an officer while leaving a crash that caused injury or property damage is charged as aggravated fleeing.

Frequently asked questions about leaving the scene in Florida

Can leaving the scene charges be dropped in Florida?

Yes, when the State cannot prove the driver knew of the crash, cannot prove who was driving, or the driver’s own actions met the duties in section 316.062. The Brancato Law Firm often presents that evidence to prosecutors through our pre-file advocacy before a charge is filed.

Can I be charged with leaving the scene if the crash was not my fault?

Yes. Fault is not an element; the duty to stop applies to every driver involved, and our attorneys at The Brancato Law Firm focus instead on knowledge, identity, and what the driver actually did after the impact.

Can I leave a crash to go report it to the police?

Not before checking on anyone who may be hurt. In Paleveda v. State, the Second District rejected a jury instruction that would have let a driver leave to find a police station first, and our attorneys at The Brancato Law Firm explain how that ruling applies to your timeline. Our post on the accident report privilege covers what to say afterward.

Is there mandatory prison for leaving the scene with an injury in Florida?

No mandatory minimum applies to the injury or serious bodily injury tiers; the 4-year minimum applies only when someone died. The Brancato Law Firm works the scoresheet and the facts in injury cases to argue for a sentence without prison, as described on our criminal traffic defense page.

How long is your license revoked for leaving the scene in Florida?

At least 3 years for a conviction involving injury, serious bodily injury, or death, under section 316.027(2)(e). Our attorneys at The Brancato Law Firm consider the revocation in every plea discussion, because it can cost a client a job.

Should I turn myself in after leaving the scene of an accident?

Talk to a lawyer first, so the surrender is arranged and nothing you say adds to the State’s case. The Brancato Law Firm can contact the investigating agency on your behalf, as explained on our Hillsborough County criminal defense page.

Contact our Tampa leaving the scene defense attorneys

If a detective has left a card at your door or called about a crash, the investigation is already under way. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will handle the police contact, gather the video and phone records, and press the knowledge and identity questions from the start. Call (813) 727-7159 for a free, confidential consultation. 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. Read about our Spanish and Haitian Creole criminal defense services.

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.