To convict someone of drug trafficking in Florida, a prosecutor must prove three things beyond a reasonable doubt: the person knowingly sold, bought, made, delivered, imported or possessed the drug; the substance is one the statute lists; and the weight reached the trafficking threshold. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tested that proof for more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict. In trafficking cases our attorneys often start before any charge is filed, taking the weight, lab and search problems to the State Attorney’s Office through representation before charges are filed.

What does the State have to prove in a Florida drug trafficking case?

The State must prove a knowing act, a listed drug, and a qualifying weight. Section 893.135 covers anyone who “knowingly sells, purchases, manufactures, delivers, or brings into this state,” or who is “knowingly in actual or constructive possession of” the threshold amount. Each drug has its own paragraph, its own threshold and its own sentencing tiers.

Florida does not require the State to prove you knew the substance was illegal. Under section 893.101, Florida Statutes, lack of knowledge of the illicit nature of a substance is an affirmative defense the accused raises, and possession allows the jury to presume knowledge. The State still has to prove you knew the drugs were there and that you possessed them.

Conspiracy counts the same as the completed crime. Under section 893.135(5), agreeing with another person to traffic is a first-degree felony “punishable as if he or she had actually committed such prohibited act.” That is why text messages and recorded calls about amounts can expose someone to a trafficking sentence even when no drugs are ever found on them. Our Tampa drug crimes attorney page explains how our firm handles every level of drug charge, from simple possession to trafficking.

What are the trafficking weights and mandatory minimums in Florida?

Florida trafficking thresholds start as low as 4 grams for fentanyl and heroin and as high as 25 pounds for cannabis. The table below shows the 2026 tiers for the drugs our firm sees most often in Hillsborough, Pinellas and Pasco County cases, taken directly from the statute.

Every one of these tiers is a first-degree felony, punishable by up to 30 years in prison under section 775.082, Florida Statutes. The mandatory minimum is the floor, and the judge can sentence anywhere from that floor up to the maximum. Under section 893.135(3), the court cannot withhold adjudication or suspend the sentence, and the person is not eligible for discretionary early release until the minimum is served.

Three points in the table surprise most families. First, fentanyl carries a 7-year minimum at the same 4-gram threshold where heroin carries 3 years. Second, the opioid pill thresholds are counted by the weight of the pills, which we explain below. Third, the list keeps growing: effective October 1, 2026, the Legislature added trafficking in xylazine, a veterinary sedative, starting at 28 grams with a 3-year minimum.

Can you be charged with trafficking without selling drugs?

Yes. Florida’s trafficking statute treats possession of the threshold amount as trafficking, with no proof of a sale, a buyer or an intent to sell. A person stopped with 14 grams of methamphetamine in a backpack faces the same 3-year minimum as a person caught selling it.

Possession can be actual or constructive. Actual possession means the drugs were on your body or in your hand. Constructive possession covers drugs in a car, a bedroom or a bag you did not have on you, and the State must prove you knew the drugs were there and could control them. In Brown v. State, 428 So. 2d 250 (Fla. 1983), the Florida Supreme Court held that when a home is jointly occupied, knowledge and control cannot be inferred from ownership alone and must be shown by independent proof, although drugs in plain view in common areas can supply that proof.

Shared cars and shared homes are where many trafficking cases are won. Our firm’s guide to constructive possession in a Florida drug case walks through the evidence prosecutors use to connect a person to drugs found nearby, and how our attorneys answer it.

How is drug weight calculated in a Florida trafficking case?

Florida counts the total weight of the mixture, not the weight of the pure drug. Section 893.135(6) says “the weight of the controlled substance is the total weight of the mixture,” including solutions and dosage units such as pills, capsules and tablets. Cutting agents, binders and the pill itself all count. That is how a small number of oxycodone or hydrocodone tablets can cross a trafficking line.

The State must still prove what the substance is and how much of it there is, packet by packet. In Greenwade v. State, 124 So. 3d 215 (Fla. 2013), officers found nine baggies of white powder, and the contents were combined before the lab tested them. The Florida Supreme Court held that when separately wrapped packets hold a substance that can be mistaken for something else, such as white powder, the State must chemically test each packet before adding them together. Because the powder was commingled first, the court ordered the trafficking conviction reduced to simple possession.

Field tests add another layer of risk. A 2024 study from the University of Pennsylvania Carey Law School’s Quattrone Center, Guilty Until Proven Innocent: Field Drug Tests and Wrongful Convictions, estimated that about 773,000 U.S. drug arrests each year involve color-based field tests and that roughly 30,000 people a year who had no illegal drugs are falsely implicated by them. When an arrest affidavit rests on a roadside test, our attorneys start asking what the lab actually confirmed.

What happened in the Tampa airport cannabis case?

Campbell v. State, 407 So. 3d 558 (Fla. 2d DCA 2025), is a Hillsborough County case that shows how weight proof can collapse. In July 2022, Tampa International Airport police running a narcotics interdiction on a flight from Denver had a K-9 alert to two duffle bags. The bags held fifty vacuum-sealed bundles of green, leafy material, and the two packages weighed 32.57 pounds each. The FDLE analyst tested a sample from only one bundle.

The Second District Court of Appeal reversed the trafficking conviction. Because legal hemp and illegal cannabis cannot be told apart by look or smell, the court held that, absent other proof, the State cannot rely on look and smell and must chemically test each package it wants counted toward the trafficking weight. The tested sample weighed 24.47 grams, so the court ordered the conviction reduced to felony possession of cannabis. The Second District hears appeals from Hillsborough, Pinellas and Pasco Counties, so this rule binds trial courts here. The lesson reaches past cannabis: the trafficking weight is only what the State can prove with lab work, packet by packet. Our post on what happens when you are charged with the wrong drug in Florida covers the related problem of lab results that do not match the charge.

Can a judge go below the mandatory minimum for drug trafficking in Florida?

No, not on the judge’s own. Section 893.135(3) bars the court from suspending, deferring or withholding a trafficking sentence, so the minimum applies after a conviction at the charged weight. A sentence below the minimum generally requires the prosecutor’s participation: a negotiated plea to a lower weight tier or a lesser offense, or a substantial assistance motion.

Substantial assistance is the statute’s built-in exception. Under section 893.135(4), the state attorney may ask the sentencing court to reduce or suspend the sentence of a person who helps identify, arrest or convict accomplices or others involved in trafficking, and the judge may grant it only on finding that substantial assistance was given. The motion can be heard in camera, meaning in a closed hearing, for good cause. Cooperation carries real safety and legal risks, and the terms should be negotiated by counsel before anyone talks. Our fentanyl guide explains why substantial assistance is a last resort in most cases.

State data shows that sentences below the minimum are common at the higher tiers. Florida’s Office of Economic and Demographic Research reported in its 2023 Criminal Justice Impact Conference analysis of HB 355 that in fiscal year 2021-22, 81.3% of new prison commitments for fentanyl trafficking of 14 to 28 grams were sentenced below the then-15-year minimum, along with 71.4% of commitments at 28 grams or more. Only 7.2% at the lowest tier were. The report does not say how each lower sentence came about, and the Legislature raised the fentanyl minimums to 7 and 20 years in 2022, but the numbers show that at the higher tiers the charged minimum was often not the sentence imposed.

How do our attorneys defend drug trafficking charges?

Our attorneys defend trafficking cases by attacking each thing the State must prove: the legality of the search, the link between the client and the drugs, the identity and weight of the substance, and the conduct of any informant. Our firm works through six steps in a typical case.

1. Act before the filing decision. In Hillsborough County, the State Attorney’s Office decides what to file after the arrest. Our firm puts the weight, lab and possession problems in front of the assigned prosecutor during that window, when a lower charge or a decision not to file is still on the table.
2. Challenge the stop and search. Most trafficking cases start with a traffic stop, a K-9 sniff or a warrant. A motion to suppress asks the judge to exclude drugs found through an illegal search; our guide to how a motion to suppress works in Florida explains the hearing. I trained officers as a former police academy instructor, and our attorneys use that knowledge to cross-examine officers on what they actually saw and smelled.
3. Contest possession. Shared vehicles, shared bedrooms and passengers are the core of most constructive possession defenses, and the State’s proof of knowledge and control can fail at a suppression hearing, at a motion for judgment of acquittal and again in front of the jury.
4. Test the lab and the weight. We request the lab’s bench notes, testing records, scale calibration records and chain of custody, and we retain independent experts when the numbers are close to a threshold.
5. Investigate the informant. Many trafficking cases begin with a confidential informant working off charges or paid by an agency, and the informant’s deal can become a defense.
6. Negotiate from strength. When the evidence has gaps, our attorneys use them to push for a lower tier, a non-trafficking charge, or diversion.

Does the odor of cannabis still justify a car search?

In the Second District, not by itself. In Williams v. State, 421 So. 3d 809 (Fla. 2d DCA 2025), a Hillsborough County probation case decided en banc on October 1, 2025, the court held that the smell of cannabis standing alone no longer gives officers probable cause to search, because hemp and medical marijuana are legal. Odor is still one factor among all the circumstances. The defendant in that case still lost under the good-faith exception because officers had relied on earlier precedent, and the court certified the question to the Florida Supreme Court, so the rule could change. For searches in our area after that date, a stop that turns on smell alone is a suppression issue our attorneys raise in every trafficking case that starts that way.

When is entrapment a defense in a trafficking case?

Entrapment is a defense when a government agent induced the crime and the person was not already predisposed to commit it. Under section 777.201, Florida Statutes, the accused must prove inducement by the greater weight of the evidence. In Munoz v. State, 629 So. 2d 90 (Fla. 1993), the Florida Supreme Court held that once the accused shows inducement and produces evidence of no predisposition, the State must prove predisposition beyond a reasonable doubt, and a judge may find entrapment as a matter of law when the facts are undisputed.

Informant pay can also end a prosecution. In State v. Glosson, 462 So. 2d 1082 (Fla. 1985), a sheriff’s informant was promised 10% of the civil forfeitures from the cases he made and had to testify to collect. The Florida Supreme Court held that the arrangement violated the Florida Constitution’s due process clause and approved the dismissal of the charges. Later decisions have applied that holding narrowly, so the exact terms of the informant’s deal matter, and our firm’s guide to confidential informants in Florida criminal cases explains when the State must reveal who the informant is.

What happens after a trafficking arrest in Hillsborough County?

A trafficking arrest in Hillsborough County moves fast, and the first weeks often decide the shape of the case. Here is the typical sequence our attorneys see in the 13th Judicial Circuit.

First appearance is the first chance to get a client home. Unlike some nearby counties, Hillsborough County does not offer pretrial services supervision as a release option, so the bond argument at the Hillsborough County first appearance carries real weight. Our office at 620 E. Twiggs Street is two blocks from the courthouse, and our attorneys also defend trafficking cases in Pinellas County and Pasco County.

What results has our firm gotten in trafficking cases?

Our firm has resolved trafficking charges through dismissal, diversion and jury acquittal. These are published results from our case results page.

Past results do not guarantee future outcomes. Every case turns on its own facts.

Frequently asked questions about Florida drug trafficking charges

Can trafficking charges be dropped or reduced in Florida?

Yes, trafficking charges can be dropped or reduced when the search was illegal, the possession proof is weak, or the State cannot prove the weight with lab testing. The Brancato Law Firm has seen a fentanyl trafficking case dismissed within about three weeks and an amphetamine trafficking charge reduced to diversion after a motion to suppress. In Campbell v. State, 407 So. 3d 558 (Fla. 2d DCA 2025), an appellate court reduced a trafficking conviction to felony possession because only one of fifty bundles was tested.

Can you recommend a lawyer in Tampa who handles drug trafficking charges?

Look for a Tampa attorney whose practice is devoted entirely to criminal defense, from misdemeanors to capital cases, who has tried trafficking cases to a jury, and who will start on the case before the State files charges. At The Brancato Law Firm, our attorneys handle drug cases from possession through trafficking, backed by Rocky Brancato’s more than 150 jury trials to verdict, his AV Preeminent rating, and his selection to Super Lawyers and the National Trial Lawyers Top 100. Clients get updates through our client portal and calls returned within 24 hours. Our Tampa drug trafficking defense page lists our full approach.

Who would you recommend for a cocaine trafficking defense attorney in Florida?

Choose a trial attorney who knows how cocaine weight is proven, because trafficking starts at 28 grams and the State must chemically test separately wrapped packets of powder before adding them together. Our attorneys at The Brancato Law Firm won a not guilty verdict for a Tampa business manager accused of trafficking 200 to 400 grams of cocaine. We defend cocaine trafficking cases in Hillsborough, Pinellas and Pasco Counties, and Rocky Brancato is the author of How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.

I was arrested for fentanyl possession in Tampa. Is that trafficking?

It depends on the weight: 4 grams or more of a fentanyl mixture is trafficking with a 7-year minimum, while a smaller amount is generally possession, a third-degree felony under section 893.13, Florida Statutes. The Brancato Law Firm looks first at the lab report, because the weight of a mixture and the exact substance identified can move a case above or below that line. The lab must also identify the right drug, since fentanyl analogues are listed separately in Florida’s drug schedules.

Is oxycodone trafficking based on the number of pills or their weight?

Oxycodone trafficking is based on the total weight of the pills, including fillers and binders, starting at 7 grams. Our attorneys at The Brancato Law Firm check whether the lab weighed and tested each container separately and whether the pill count matches the property receipt. The weight math matters because the tiers jump from a 3-year minimum at 7 grams to 7 years at 14 grams.

How much does a drug trafficking lawyer cost in Tampa?

The cost depends on the facts and the intricacy of the case, including the weight tier, the number of defendants, and whether lab or search experts are needed. The Brancato Law Firm quotes a flat fee that covers the whole case, including trial, with at least half up front and a payment plan for the balance while the case is pending. Consultations are free, and our firm is neither the most nor the least expensive in Tampa. Our guide to what a criminal defense attorney costs in Tampa explains why some firms charge a separate trial fee and how that creates a financial incentive to settle before trial preparation begins.

Talk to our firm about a trafficking charge

For more about our defense strategies, visit our Drug Crimes page.

A trafficking arrest starts the clock on bond, the State’s filing decision and the evidence our attorneys need to preserve, including video, lab records and informant files. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends trafficking charges in Hillsborough, Pinellas and Pasco Counties, from the first appearance through trial. Call (813) 727-7159 for a free consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

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.

When a fleeing and eluding case reaches a prosecutor or a judge, the first question is what the driver knew: whether the patrol car’s lights and siren were on, whether its markings were visible, and how long the driver kept going. Those questions are familiar to me as a former police academy instructor. My name is Rocky Brancato; I founded The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys defend fleeing charges across Hillsborough, Pinellas, and Pasco Counties by testing that proof against the video, the dispatch records, and the statute as it reads after the 2025 changes. The same knowledge questions decide boat and jet ski cases that FWC officers charge under section 843.18, covered below.

Is fleeing and eluding a felony in Florida?

Yes, at every level. Section 316.1935, Florida Statutes makes the lowest form of fleeing a third-degree felony, and the charge climbs with speed, recklessness, injury, and a connection to a crash.

The maximums come from section 775.082, Florida Statutes. There is no misdemeanor version, and section 316.1935(6) provides that “no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.” A conviction is a felony conviction. Our Tampa criminal traffic lawyer team looks for a path to a lesser charge from the first review of the file.

What does the State have to prove in a fleeing and eluding case?

It depends on the subsection. Under section 316.1935(1), the State must prove the driver had “knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer” and then willfully refused or failed to stop, or stopped and then willfully fled. Subsection (1) has no lights, siren, or marked-car element.

The more common charge under subsection (2) adds three facts about the police car: it was “an authorized law enforcement patrol vehicle,” it had “agency jurisdictional markings prominently displayed on the vehicle,” and it had its “siren and lights activated.” The statute requires both the siren and the lights.

Each element is a defense point. A driver who never heard a siren, never saw lights in the mirror, or could not tell an unmarked car was police has a knowledge defense. Our attorneys at The Brancato Law Firm match the officer’s account to the dash camera, body camera, and radio timeline second by second.

What did Florida’s 2025 fleeing law change?

It changed the markings language, raised two offense rankings, and added a repeat-offender multiplier. CS/CS/HB 113, enacted as chapter 2025-75, Laws of Florida, took effect October 1, 2025. It passed the House 101 to 9 and the Senate 36 to 0.

1. Markings. The law removed the requirement that the pursuing car “prominently display agency insignia.” The statute once read “agency insignia and other jurisdictional markings”; it now reads “agency jurisdictional markings.”
2. Rankings. Section 921.0022, the offense severity chart that drives the sentencing scoresheet, now ranks subsection (3)(a) at Level 5 instead of Level 4 and aggravated fleeing under (4)(a) at Level 6 instead of Level 5. A higher level means more points and a higher lowest permissible sentence.
3. The 1.5 multiplier. Under section 921.0024(1)(b), Florida Statutes, “If the primary offense is fleeing or attempting to elude a law enforcement officer or aggravated fleeing or eluding in violation of s. 316.1935, and in the offender’s prior record, there is one or more violation of s. 316.1935, the subtotal sentence points are multiplied by 1.5.”

The 2025 law did not create the 3-year mandatory minimums, the ban on withholding adjudication, or vehicle forfeiture. Those were already in the statute. The offense date matters: for a chase before October 1, 2025, the older insignia element and the older rankings still apply.

What is the mandatory minimum for fleeing and eluding?

Three years in prison, but only for the two first-degree tiers. Subsection (3)(b), fleeing at high speed or with wanton disregard that causes serious bodily injury or death, and subsection (4)(b), aggravated fleeing that causes serious bodily injury or death, each carry a “mandatory minimum sentence of 3 years imprisonment.” Under section 316.1935(6), those minimums are not eligible for gain-time or discretionary early release, except for pardon, clemency, or conditional medical release.

The other tiers have no mandatory minimum, but the scoresheet still controls. A Level 5 or Level 6 ranking, plus the 1.5 multiplier for a repeat case, can produce a prison score even when no one was hurt. Our attorneys at The Brancato Law Firm prepare an independent scoresheet and challenge every point the State adds.

Will you lose your license or your car for fleeing?

Possibly both. Section 316.1935(5) provides that “The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver license” of anyone convicted under subsections (1) through (4). Under section 316.1935(7), a vehicle used in the offense is “deemed to be contraband” and can be forfeited under Florida’s contraband forfeiture law.

Our attorneys at The Brancato Law Firm raise the revocation length and any forfeiture claim in negotiations, because a family car or a commercial license can be at stake.

How do our attorneys fight a fleeing and eluding charge?

We attack the element the State is weakest on, then push for a lesser charge. Three appellate cases show how the arguments work.

Markings for older offense dates. In Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010), the officer drove a “marked patrol car” with “lights on top,” and the lights and siren were on. The First District held that was not enough because “there was no evidence of ‘agency insignia and other jurisdictional markings prominently displayed on the vehicle,'” and it directed a conviction under subsection (1) instead. The insignia requirement is gone for chases on or after October 1, 2025, but the State must still prove jurisdictional markings were “prominently displayed.”

High speed and wanton disregard. In Canidate v. State, 238 So. 3d 412 (Fla. 4th DCA 2018), a Martin County driver went 40 in a 35 zone with occasional weaving, and no person or property was affected. The court held that was not “wanton disregard,” which it defined as “a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property.” The second-degree conviction was reversed and the case sent back for a conviction under subsection (2).

Evidence from every county. In Johnson v. State, No. 1D2024-0912 (Fla. 1st DCA Nov. 5, 2025), a pursuit in marked cars with lights and sirens followed a vehicle theft. Radar captured 127 mph in Jackson County, and the court held that evidence was admissible to prove the high-speed element of a Bay County charge, because each element need not occur in the charging county. The lesson for the defense is to gather records from every agency the chase passed through.

In practice, our attorneys:

1. Test knowledge. We check the video for when lights and siren came on, what the driver could see, and how long the driver drove afterward.
2. Test the patrol car. We get photographs of the vehicle and its markings.
3. Test speed and wanton disregard. We compare radar, GPS, and video with the road and traffic conditions.
4. Test the stop. If the officer had no lawful basis for the order to stop, we challenge it. Our post on how long a traffic stop can last in Florida covers the limits on stops.
5. Test identity. In chases where the driver ran from the car, we look at who was actually seen driving.
6. Negotiate a reduction. Florida’s reckless driving statute, section 316.192, Florida Statutes, provides that “Fleeing a law enforcement officer in a motor vehicle is reckless driving per se,” which makes reckless driving a natural reduction target. Our guides on reckless driving in Florida and fighting a reckless driving charge explain that charge.

How often do police pursuits end in deaths?

More often than they used to, nationally. Pursuit-related deaths in the United States rose from 382 in 2015 to 532 in 2020, a 39% increase, according to NHTSA crash data reported by the Police Executive Research Forum in Vehicular Pursuits: A Guide for Law Enforcement Executives on Managing the Associated Risks (COPS Office, U.S. Department of Justice, 2023). The report counted 2,604 pursuit-related deaths from 2015 through 2020.

The Bureau of Justice Statistics estimated about 68,000 police pursuits in 2012, about 186 a day, in Police Vehicle Pursuits, 2012-2013 (May 2017). We could not find a published Florida count of pursuits, so these figures are national. Our attorneys at The Brancato Law Firm treat every fleeing charge as a serious felony case from the start.

What should you do after a fleeing and eluding arrest?

Get the video preserved. Dash camera, body camera, and dispatch recordings often decide fleeing cases, and every agency involved in the chase may hold a piece. A person arrested in Hillsborough County 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. Before then:

1. Say nothing about the chase, including why you did not stop.
2. Write down the route and times while you remember them.
3. Keep your phone records, which can show calls, navigation, or location.
4. Call a lawyer quickly, so preservation requests go out to every agency.

If the chase began after a crash, the case may also include a leaving the scene charge, covered in our guide on whether leaving the scene of an accident is a felony in Florida.

Is fleeing FWC in a boat or on a jet ski a felony in Florida?

Yes. Under section 843.18, Florida Statutes, it is a third-degree felony for “the operator of any boat plying the waters of the state” who knows an officer has directed the vessel to stop to willfully refuse or fail to stop, or to stop and then willfully flee. The maximum sentence is 5 years in prison under section 775.082 and a $5,000 fine under section 775.083, Florida Statutes. The Florida Fish and Wildlife Conservation Commission (FWC) brings most of these cases, because its officers patrol the state’s waters.

A jet ski counts. Florida’s boating law, section 327.02, Florida Statutes, defines a “personal watercraft” as a vessel under 16 feet powered by a water jet pump, and says “vessel” is synonymous with “boat.” Our attorneys at The Brancato Law Firm read a vessel fleeing charge element by element, because each one is a fact the State has to prove.

How is fleeing in a boat different from fleeing in a car?

The boat statute has one level and fewer built-in penalties. Section 843.18 is a single third-degree felony, while section 316.1935 climbs to first-degree felonies with 3-year mandatory minimums. The comparison below comes from the text of each statute.

The missing withhold ban matters. Because section 843.18 has no clause like section 316.1935(6), the statute itself does not stop a judge from withholding adjudication, which can keep a client from being a convicted felon. Our attorneys at The Brancato Law Firm build the mitigation for that request from the start of a vessel case.

One rule from car cases will likely carry over. In State v. Kirer, 120 So. 3d 60 (Fla. 4th DCA 2013), a driver kept going for about five minutes at roughly 10 mph despite a deputy’s lights, siren, and loudspeaker orders. The Fourth District held the deputy had probable cause for fleeing “regardless of whether probable cause initially justified the stop.” We found no published Florida appellate opinion applying section 843.18, but its wording tracks section 316.1935(1), so we expect prosecutors to argue that an unlawful stop is no defense to vessel fleeing either.

The lawfulness of the stop still matters to the companion charge. Resisting without violence under section 843.02, Florida Statutes requires that the officer was acting “in the lawful execution of any legal duty.” Our post on resisting an officer without violence in Florida explains that element.

What other charges come with fleeing on the water?

Most vessel fleeing cases carry a stack of lesser charges and citations. They are listed below with the classification each statute gives them.

The small citations are not just paperwork. Registration records tie a vessel to its owner, and an expired registration citation cannot be paid by mail under section 327.73. Our attorneys at The Brancato Law Firm handle the infractions with the felony so nothing is left open.

How did FWC identify two Tampa jet ski riders months after the chase?

With surveillance video, witnesses, and phone data. On October 30, 2026, FOX 13 reported that FWC officers served arrest warrants on two Tampa men, ages 25 and 23, over a July 12 incident in Hillsborough County. According to the report, a caller said three jet skis were running through a designated slow speed area, an officer found two matching jet skis, identified himself, and ordered the riders to stop, and both riders “sped away at high speeds through the slow speed zone.” FWC said investigators identified them through surveillance recordings, witness statements, and mobile phone data.

The reported charges were fleeing to elude, resisting without violence, interference with an FWC officer, and the slow speed zone violation, plus citations for improper display of a registration number, expired registration, and failing to update a driver license address. One jet ski was impounded. These are allegations, and both men are presumed innocent. Our attorneys at The Brancato Law Firm point to cases like this one because they show how FWC builds a case after the rider is gone.

Getting away on the water does not end the case. About 3.5 months passed between the July 12 incident and the late-October warrants, and under section 775.15, Florida Statutes, the State generally has 3 years to file a third-degree felony. Jet skis are also a large share of Florida’s boating accidents: in 2025, personal watercraft were involved in 23% (161) of Florida’s 694 reportable boating accidents while making up 17% of registered vessels, according to the FWC 2025 Boating Accident Statistical Report. The same report counts 42,528 registered vessels in Hillsborough County in 2025.

How do our attorneys challenge phone data and video in a vessel fleeing case?

We test how the State got the data and whether it actually points to our client. Phone location evidence comes in different forms, including carrier cell-site records, “tower dumps” listing every phone that used a tower in a time window, and geofence requests to companies like Google, and each one has its own warrant rules.

• Carpenter v. United States, 585 U.S. 296 (2018): the government obtained 127 days of a robbery suspect’s cell-site records from his carrier, and the Supreme Court held that police “must generally obtain a warrant supported by probable cause” for those records.
• Tracey v. State, 152 So. 3d 504 (Fla. 2014): police tracked a suspect’s phone in real time without a warrant, and the Florida Supreme Court held that real-time cell-site tracking is a search requiring probable cause and that the evidence was subject to suppression.
• Chatrie v. United States, 609 U.S. 605 (2026): police used a geofence warrant to get Google location data after a credit union robbery, and on June 29, 2026, the Supreme Court held 6 to 3 that obtaining that data is a Fourth Amendment search. It sent the case back to decide whether the warrant was valid. Our post on whether police can track your phone without a warrant in Florida covers the ruling.

Broad location warrants sweep in strangers. U.S. Magistrate Judge Beth W. Jantz warns that these tools let the government “over-collect location data of uninvolved third parties,” in Simulating More Particularity: Ideas for Approaching Search Warrants for Geofences, Tower Dumps, and Cell-Site Simulators, 16 Federal Courts Law Review (2024). In a vessel case, our attorneys:

• Get every warrant and application for phone records, and check the time window, the area covered, and the probable cause behind each step.
• Find out whether the data came from a tower dump or a geofence, and how investigators narrowed a list of phones to our client. Our guide to cell phone location evidence explains what the records can and cannot show.
• Test identification from video. Distance, glare, sunglasses, life jackets, and look-alike jet skis make faces hard to read, and a registration number identifies a vessel, not its rider.
• Test the stop order. We ask whether the officer was identifiable as law enforcement, how the order was given, and whether a rider could hear it over the engine.
• Compare witness statements with the video and the timeline, because callers often describe a group of riders rather than one person.

What should you do if FWC is looking for you?

Do not talk to the investigator, and call a defense lawyer before a warrant issues. FWC officers are law enforcement officers with “full power to investigate and arrest” under section 379.3313, Florida Statutes, and a casual phone call can fill the gap between a jet ski and the person riding it.

• Do not return the officer’s call or explain what happened. A statement that you were on the water that day may be the identification the case is missing.
• Do not delete texts, photos, or location history, and do not sell, repaint, or hide the vessel. Doing so can lead to a separate tampering charge.
• Let a lawyer contact the investigator. Our representation before charges are filed can include presenting facts to the State Attorney’s Office before a decision is made.
• If a warrant is coming, plan the surrender. In Hillsborough County, a person arrested on a warrant is booked into the jail and sees a judge at first appearance, and our post on the bond walkthrough process in Hillsborough County explains how a planned surrender works.

Our attorneys at The Brancato Law Firm defend FWC boating cases in Hillsborough, Pinellas, and Pasco Counties.

Frequently asked questions about fleeing and eluding in Florida

Can fleeing and eluding charges be dropped in Florida?

Yes, when the State cannot prove the driver knew of the order to stop, cannot prove the patrol car’s markings, lights, and siren, or cannot prove who was driving. The Brancato Law Firm builds those arguments from the video and presents them to the prosecutor, as described on our criminal traffic defense page.

Does the police car have to be marked in a Florida fleeing case?

For a subsection (2) charge, yes: since October 1, 2025, the car must have “agency jurisdictional markings prominently displayed,” though agency insignia is no longer required. Our attorneys at The Brancato Law Firm check the offense date first, because older cases still require insignia.

Can you get a withhold of adjudication for fleeing and eluding in Florida?

No; section 316.1935(6) bars a court from withholding adjudication for any fleeing offense. The Brancato Law Firm therefore works to defeat the charge or negotiate a reduction to a different offense, such as reckless driving.

How long is your license revoked for fleeing and eluding in Florida?

At least 1 year and up to 5 years, under section 316.1935(5). Our attorneys at The Brancato Law Firm argue for the shortest revocation the facts support.

Can fleeing and eluding be reduced to reckless driving in Florida?

It can be, because the reckless driving statute treats fleeing in a vehicle as reckless driving per se. The Brancato Law Firm pursues that reduction when the State’s proof on knowledge or markings is weak, and our post on reckless driving in Florida explains the penalties.

What is the 1.5 multiplier for repeat fleeing in Florida?

It multiplies the subtotal sentence points by 1.5 when the primary offense is fleeing and the prior record includes a fleeing violation, under section 921.0024(1)(b). Our attorneys at The Brancato Law Firm check whether the prior actually counts and whether the offense date is on or after October 1, 2025.

Is fleeing on a jet ski a felony in Florida?

Yes; a jet ski is a vessel, and fleeing an officer’s directive to stop in any boat is a third-degree felony under section 843.18, Florida Statutes, punishable by up to 5 years in prison and a $5,000 fine. The Brancato Law Firm defends these FWC cases by testing who was operating the jet ski and whether the rider knew of the order.

Do you lose your driver license for fleeing in a boat in Florida?

Section 843.18 has no driver license revocation provision, unlike section 316.1935(5) for vehicles. Our attorneys at The Brancato Law Firm still check for related citations, such as an outdated license address, that need to be resolved in court.

Can FWC arrest you months after a boat chase?

Yes; FWC can investigate after the fact and obtain an arrest warrant, and the State generally has 3 years to file a third-degree felony. If you think FWC is looking for you, The Brancato Law Firm can step in through pre-file advocacy before a warrant is served.

Call a Tampa fleeing and eluding defense attorney

Pursuit video and dispatch recordings are easiest to secure in the first days after an arrest. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will send preservation requests to every agency involved, including FWC in a boat or jet ski case, test the State’s proof on knowledge and markings, and push for a reduction. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. 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.

If detectives took a phone or laptop from your home, the number of files on it will drive the sentencing exposure more than almost any other fact. I learned how these cases are built in the Major Crimes Unit, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict. Our attorneys attack the count, the reclassification, and the scoresheet before any plea offer is discussed, because each of those numbers can move.

What are Florida’s child pornography penalties after July 1, 2026?

Florida’s child pornography penalties rose on July 1, 2026. CS/CS/HB 1159, signed March 31, 2026 as Chapter 2026-20, Laws of Florida, renamed “child pornography” as “child sexual abuse material” (CSAM) throughout the statutes and made these changes, according to the House Criminal Justice Subcommittee analysis:

The age change matters most. Because the content trigger rose from a child under 5 to a child under 12, far more collections now meet the reclassification test. The law in effect on the date of the offense generally controls the sentence, so the date files were downloaded or viewed can decide which version of the statute applies. Our attorneys examine the forensic timeline for that reason.

How does Florida count child pornography charges?

Florida counts each image as a separate crime. Section 827.071(5) states that possessing, controlling, or intentionally viewing each photograph, video, image, or data file is a separate offense, and if one image shows more than one child, each child in that image is a separate offense. A single device can produce dozens or hundreds of felony counts. Our Tampa internet crimes attorney page explains how these investigations usually begin.

The Second District Court of Appeal, whose decisions bind Hillsborough, Pinellas, and Pasco courts, showed how far this goes in Walsh v. State, 198 So. 3d 783 (Fla. 2d DCA 2016). Officers found more than 3,000 images on a Sarasota County man’s home computer. The State selected 170 images, sorted them into groups of ten with each group containing an image of sexual battery on a child, and charged one reclassified count per group. He entered an open plea to 17 second-degree counts and received a total of 63.5 years in prison.

On appeal, Walsh argued that all the images from one episode should be one offense. The court disagreed. Because the statute makes each image a separate offense, the State could have charged all 170 images as separate counts, and section 775.0847 does not limit the State’s charging discretion. The lesson is that the prosecutor, not the device, decides how many counts appear on the information. That is why early defense work on the charging decision matters.

What triggers the section 775.0847 enhancement?

Section 775.0847 reclassifies a child pornography offense one degree higher when two conditions are both met. The enhancement applies to violations of sections 827.071, 847.0135, 847.0137, and 847.0138.

Reclassification is a fact the State must prove. In Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013), a man who identified himself only as “James” handed an envelope of photographs to a Tampa police officer, which led to charges against the defendant on 14 counts of promoting a sexual performance by a child, one per photograph. The jury found he possessed 10 or more images, at least one depicting sexual battery, and all 14 counts were reclassified to first-degree felonies. The majority affirmed, relying on evidence that he possessed the camera, the film, and the developed prints. A dissenting judge argued that the enhancement depends on possessing 10 images when each offense is committed, so no more than four of the counts could be reclassified.

The dissent did not carry the day, but the question it raised remains a live defense issue: when each file arrived on the device, and whether the State can prove possession of 10 images at that time. Our attorneys work with independent forensic examiners on file dates, download paths, and whether files were ever opened.

How is a child pornography case scored on the Florida scoresheet?

Florida sentences felonies with a Criminal Punishment Code scoresheet. Under the 2026 offense severity chart in section 921.0022, possession under section 827.071(5) is a Level 6 offense and possession with intent to promote under section 827.071(4) is Level 7. A reclassified offense moves up one level. Under section 921.0024, the primary offense earns 36 points at Level 6 and 56 at Level 7, and each additional count earns 18 points at Level 6 and 28 at Level 7. When the total exceeds 44 points, the lowest permissible prison sentence in months is the total minus 28, multiplied by 0.75.

Here is how that math plays out for a person with no prior record and no other points. These examples are simplified; real scoresheets include prior record, legal status, and other factors.

The gap between those rows is the reclassification fight. Every count the defense removes, and every count that is not reclassified, lowers the floor. A judge can sentence anywhere from the lowest permissible sentence up to the statutory maximum for every count, served concurrently or consecutively.

How often do Florida possession cases end in prison?

Most Florida possession convictions end in prison. In fiscal year 2024-25, Florida Department of Corrections data showed 316 new prison commitments and 134 supervision sentences for knowingly soliciting, possessing, controlling, or intentionally viewing child pornography, according to the Florida Legislature’s Office of Economic and Demographic Research Criminal Justice Impact Conference review of SB 1750 (2026). The same review reported 654 new prison commitments in FY 2024-25 under statutes potentially subject to section 775.0847 reclassification.

The review also shows why the July 2026 change matters. It reported a 26 percent incarceration rate for Level 6 third-degree felonies and 39.7 percent for Level 6 second-degree felonies. Possession moved from the first group to the second.

Can a child pornography sentence go below the scoresheet?

Yes. A Florida judge may impose a downward departure below the lowest permissible sentence when the defense proves a legal reason under section 921.0026. Two reasons come up often in these cases: the defendant requires specialized treatment for a mental disorder unrelated to substance abuse and is amenable to treatment, and the offense was committed in an unsophisticated manner, was an isolated incident, and the defendant has shown remorse. Substance abuse or intoxication alone is not a valid reason.

Departure arguments rest on evidence about risk. A U.S. Department of Justice SMART Office research brief, Internet-Facilitated Sexual Offending (2015), summarizes a review by Michael Seto and colleagues of nine samples totaling 2,630 internet offenders followed for slightly more than three years: 4.6 percent committed a new sexual offense, 2 percent a contact sexual offense, and 3.4 percent a new child pornography offense. Our attorneys pair research like this with a psychosexual evaluation from a qualified expert, treatment records, and family testimony.

Mandatory minimums have a narrow exception. Under section 827.071(7), a court is not required to impose a mandatory minimum under that section if it finds in writing that the depicted child was 14 or older, the image was created with the child’s permission, the offender was not more than 4 years older, and the offender did not share it with anyone else. This exception fits teen sexting cases.

What other consequences follow a conviction?

A conviction for possessing or promoting child sexual abuse material in Florida requires registration as a sexual offender, which carries reporting duties, residence limits, and public listing. Many cases also bring sex offender probation conditions, limits on internet use, and immigration consequences for noncitizens. Our post on whether a withhold of adjudication avoids the sex offender registry explains why a withhold does not solve the registration problem.

For a full look at defenses, including search warrant challenges like the one in our post on Florida’s 10-day search warrant rule, see our guide to defending CSAM charges in Florida.

What should you do if you are under investigation?

Call a lawyer before you talk to detectives or consent to a device search. Many cases begin with a tip to law enforcement and a search warrant, and the charging decision, including how many images to file and whether to seek reclassification, is made after the forensic report. That window is when our pre-file advocacy can affect the number of counts.

1. Do not discuss the case with officers, family, or coworkers.
2. Do not delete files or reset devices. Destroying evidence is a separate crime.
3. Do not consent to searches of other devices or accounts.
4. Write down when officers arrived, what they took, and what they said.
5. Contact a defense attorney the same day.

Frequently asked questions about child pornography penalties in Florida

Is possession of child pornography a felony in Florida in 2026?

Yes. For offenses on or after July 1, 2026, each image is a separate second-degree felony punishable by up to 15 years in prison under section 827.071(5). The Brancato Law Firm reviews the offense dates in the forensic report to determine whether the older third-degree version applies.

Is there a mandatory minimum sentence for possessing child pornography in Florida?

Section 827.071(5) does not set a mandatory minimum for simple possession, but with 10 counts and no prior record the scoresheet floor is about 10.6 years in prison. Our attorneys at The Brancato Law Firm calculate the scoresheet at the start of the case so clients understand the real floor and the departure options.

Can prosecutors charge every image as a separate count?

Yes. Florida law makes each image, and each child in each image, a separate offense, and the Second District held in Walsh that reclassification does not limit how many counts the State may file. The Brancato Law Firm challenges duplicate files, unopened files, and images that do not meet the legal definition before the information is filed or amended.

Does the July 2026 law apply to a case from before July 1, 2026?

The law in effect on the date of the offense generally controls the penalty, so files possessed only before July 1, 2026 are usually scored under the older third-degree statute. Our attorneys at The Brancato Law Firm press the State to prove when each file was possessed, since that date can cut the maximum by two-thirds.

What is the difference between possession and possession with intent to promote?

Possession with intent to promote under section 827.071(4) is a second-degree Level 7 offense, and possessing three or more copies of an image is prima facie evidence of intent to promote. The Brancato Law Firm contests the intent element when file copies come from automatic backups or sync software rather than sharing; learn more on our internet crimes defense page.

Can a child pornography sentence be reduced below the scoresheet in Florida?

Yes, through a downward departure when the defense proves a statutory reason such as treatable mental health needs or an isolated, unsophisticated offense with remorse. The Brancato Law Firm builds departure motions with expert evaluations and treatment plans rather than character letters alone.

For more about our defense strategies, visit our Internet Crimes page.

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

Get a scoresheet review before the State files

The charging decision in a CSAM case often follows the forensic review of the seized devices, and that window closes fast. Our attorneys will review the warrant, the device seizure, and your likely scoresheet, so call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We are two blocks from the courthouse, and you can call us at any hour. 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.

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 own, manage, or work the counter at a smoke shop or convenience store in Florida, a product that sat legally on the shelf in September became a felony on October 1, 2026. 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 seen how new drug laws are enforced in their first months: through undercover buys and store inspections, before most people know the law changed. Our attorneys work to resolve these cases early, often before a charge is filed.

This guide covers both halves of CS/SB 432 (chapter 2026-148, Laws of Florida): Meg’s Law on nitrous oxide and the new xylazine trafficking crime. It explains why the Legislature acted, what changed in committee, and how the charges are defended.

What Is Meg’s Law in Florida?

Meg’s Law is the nitrous oxide part of SB 432, codified at section 569.216, Florida Statutes. It provides that a dealer licensed or permitted under Florida’s tobacco and nicotine laws, or the dealer’s agent or employee, may not “possess, sell, possess with intent to sell, deliver, or give, directly or indirectly, nitrous oxide on or from the dealer’s licensed premises.” A violation is a third-degree felony, punishable by up to five years in prison and a $5,000 fine.

The law reaches three groups of people:

• Owners and licensees of businesses that hold a tobacco or nicotine dealer license or permit.
• Employees and agents, including clerks, managers, and delivery drivers. The statute names them directly, so an employee can be charged even if the owner set the store’s inventory.
• Convenience businesses as defined in section 812.171, such as gas station stores, which the statute expressly includes.

Two exceptions apply. Grocery stores and supermarkets licensed or permitted by the Florida Department of Agriculture and Consumer Services are exempt. And the law does not prohibit selling “a finished food product in which nitrous oxide is used solely as a propellant,” such as canned whipped cream. The Department of Business and Professional Regulation must also adopt rules to prevent nitrous oxide from being used to get intoxicated.

Who Was Meg, and Why Did Florida Pass This Law?

The law is named for Margaret “Meg” Caldwell, a 29-year-old Central Florida woman whose family says she was addicted to nitrous oxide. According to Spectrum News 13, she was found behind an Orlando tobacco shop in November 2024 after buying oversized canisters of the gas. Representative Rachel Plakon championed the measure in the House, and Meg’s sister Kathleen backed it publicly.

The Senate sponsor, Senator Clay Yarborough of Jacksonville, told WUSF that nitrous oxide “has legitimate culinary and medical uses” but that canisters were being marketed with bright packaging and flavoring. He said the nitrous oxide provision was added after talks with Senator Darryl Rouson of St. Petersburg.

National data supports the concern. A 2025 study by Andrew Yockey and Rachel Hoopsick, published in JAMA Network Open and summarized by the University of Mississippi, used CDC mortality data to find that U.S. deaths involving nitrous oxide rose from 23 in 2010 to 156 in 2023, a 578% increase. Florida’s medical examiners do not track nitrous oxide deaths separately, so no state-level count exists.

Was Nitrous Oxide Already Illegal in Florida?

Partly, and many people do not realize it. Under section 877.111, Florida Statutes, it has long been a crime to inhale nitrous oxide to get intoxicated, and it is a third-degree felony for “any person” to knowingly distribute, sell, purchase, transfer, or possess “more than 16 grams of nitrous oxide,” unless the use falls into a listed medical, food processing, or industrial category.

A single small whipped cream charger holds about 8 grams. The large flavored tanks sold in smoke shops hold far more than 16 grams, so a customer who buys one, and not just the seller, can be charged under section 877.111. The statute also says that using nitrous oxide to inflate a balloon creates an inference that the person knew it was for an unlawful purpose.

What Meg’s Law adds is a location-based ban. Under section 569.216, the State does not need to prove an amount over 16 grams or a purpose to intoxicate. Possession on a dealer’s licensed premises is enough.

What Is Xylazine, and What Did the Law Change?

Xylazine is a veterinary sedative that is increasingly mixed into illicit fentanyl, where it is often called “tranq.” It is not approved for people, and the FDA has warned that it is not known whether naloxone reverses its effects. Florida already lists xylazine in Schedule I under section 893.03(1)(c)37. SB 432 made three changes:

1. An exception for animal medicine. FDA-approved animal drug products containing xylazine are now excluded from Schedule I. Before the change, Florida’s Schedule I listing did not distinguish veterinary xylazine from street xylazine, a problem for veterinarians, horse owners, and farms.
2. A new trafficking crime. Trafficking in xylazine under section 893.135(1)(c)7. is a first-degree felony with mandatory minimum prison terms and fines tied to weight.
3. A candy-product offense. Xylazine was added to section 893.13(1)(i), which makes it a first-degree felony with a 3-year mandatory minimum to sell, manufacture, deliver, or possess with intent any of these drugs in a form that resembles candy, cereal, gummies, vitamins, a branded food product, or a cartoon character.

The fine amounts above come from the enacted statute. An earlier Senate staff analysis listed a $100,000 fine for the lowest tier, but the version the Legislature passed sets it at $50,000.

Xylazine is a real factor in Florida overdose deaths. The Florida Medical Examiners Commission’s 2024 Interim Drug Report, published by FDLE, found that xylazine caused 171 deaths in Florida in just the first six months of 2024, and was found in 236 deceased persons overall in that period.

How Did SB 432 Change in the Legislature?

The bill passed both chambers unanimously, but it looked different when it was filed. The original Senate bill would have placed 7-hydroxymitragynine, the concentrated kratom compound sold as “7-OH,” in Schedule I. Senator Yarborough removed that provision after negotiations with the House. Meg’s Law was added in the Senate Fiscal Policy Committee, and a floor amendment made further changes before the final Senate vote. The House companion on xylazine, HB 309, was laid on the table when SB 432 passed.

Vote tallies come from the official bill history. Governor DeSantis signed the bill on June 16, 2026. The Criminal Justice Impact Conference projected a “positive indeterminate” impact on prison beds, noting that the Department of Corrections recorded 1,159 new prison commitments for drug possession, sale, manufacture, delivery, or trafficking in fiscal year 2024-25, according to the Senate Fiscal Policy Committee analysis.

How Do You Fight a Xylazine Trafficking Charge in Florida?

Xylazine trafficking cases are built on weight, knowledge, and possession, and each can be challenged. Our Tampa drug crimes attorney team looks at these issues first:

1. The lab result. The State must prove the substance contains xylazine and that the mixture weighs at least 28 grams. Our attorneys review the lab’s methods, chain of custody, and whether packaging or cutting agents were weighed.
2. Knowledge of the substance. Many people who buy street fentanyl have no idea it contains xylazine. Under section 893.101, lack of knowledge of the illicit nature of a controlled substance is an affirmative defense that can be raised at trial.
3. Possession. Drugs found in a shared car or home require proof the person knew of the drugs and could control them. Constructive possession cases are often won on this element.
4. The veterinary exception. FDA-approved animal products are no longer Schedule I. Whether a product qualifies, and whether it was being used for an animal, can decide the case.
5. Overlapping charges. A fentanyl-xylazine mixture can support both fentanyl and xylazine charges. Whether the State can punish the same mixture twice is a double jeopardy question Florida’s appellate courts have not yet answered for xylazine, and our attorneys raise it.
6. The search. Trafficking weights are usually found in traffic stops and home searches. A successful motion to suppress removes the drugs from evidence entirely.

Mandatory minimums do not have to be the end of the story. Under section 893.135(4), the State may ask the court to reduce or suspend a trafficking sentence for a defendant who provides substantial assistance. Our guide to drug trafficking in Florida explains the weights and mandatory sentences for other drugs.

What Should Store Owners and Employees Do Now?

Remove nitrous oxide products from any licensed tobacco or nicotine premises now, and document that you did. The law took effect October 1, 2026, and an undercover purchase is the most common way new retail laws are enforced. Our attorneys recommend these steps:

• Pull all nitrous oxide chargers, tanks, and dispensers from the sales floor, storage rooms, and vehicles tied to the store.
• Keep a dated record of the removal, including invoices showing how the product was returned or disposed of.
• Tell every employee in writing that the store does not sell nitrous oxide, because employees face felony exposure personally.
• Do not transfer the inventory to another business you control; the law reaches possession “directly or indirectly.”
• If an inspector or officer visits, be polite, do not consent to anything beyond what the law requires, and call a lawyer.

If you learn your store or an employee is under investigation, representation before charges are filed gives our attorneys the chance to show the State Attorney’s Office that the business complied once the law took effect. Our guide on fighting a drug charge before it is filed explains that process.

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

Can I still buy whipped cream chargers in Florida?

Yes, from businesses that are not licensed tobacco or nicotine dealers, such as grocery stores and kitchen suppliers, though possessing more than 16 grams for intoxication or without a lawful purpose can still be charged under section 877.111. The Brancato Law Firm reviews the amount, the purpose, and where the product was bought when advising clients charged with nitrous oxide possession.

Can a smoke shop clerk be charged under Meg’s Law?

Yes. Section 569.216 applies to a dealer’s “agent or employee,” so a clerk who sells or even possesses nitrous oxide on the licensed premises can face a third-degree felony. Our attorneys at The Brancato Law Firm look closely at whether the employee knew the product was nitrous oxide and what instructions the owner gave.

Is xylazine a controlled substance in Florida?

Yes. Xylazine is a Schedule I substance under section 893.03(1)(c)37., except FDA-approved animal drug products, which SB 432 removed from Schedule I. The Brancato Law Firm defends xylazine possession and sale cases in Hillsborough, Pinellas, and Pasco Counties through our drug crimes defense practice.

What is the penalty for trafficking xylazine in Florida?

Trafficking 28 grams or more of xylazine or a mixture containing it is a first-degree felony with a mandatory minimum of 3 years and a $50,000 fine, rising to 7 years at 100 grams and 25 years at 200 grams. Our attorneys at The Brancato Law Firm challenge the weight, the lab analysis, and possession in every trafficking case.

Does Meg’s Law apply to gas stations?

Yes. The statute expressly applies to a “convenience business” as defined in section 812.171, which includes most gas station stores, even if the business is not a typical smoke shop. The Brancato Law Firm advises owners on compliance and defends employees charged after undercover purchases.

Does the law apply to sales before October 1, 2026?

No. Section 569.216 and the xylazine trafficking provision apply only to conduct on or after October 1, 2026. Our attorneys at The Brancato Law Firm check the date of every alleged sale, because earlier conduct can only be charged under the laws in effect at the time.

Talk to a Tampa Drug Crimes Lawyer Today

For more about our defense strategies, visit our Drug Crimes practice page.

The earliest days of a drug investigation are when a charge can still be shaped or stopped. Our attorneys will review the arrest or inspection report, the lab work, and the search, and we will contact the prosecutor before the filing decision when that helps. 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 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 your son or daughter was arrested on a felony in Hillsborough County before turning 21, the sentencing law that matters most may be one the prosecutor never mentions. Youthful offender sentencing can turn a mandatory 10-year gun case into a sentence measured in months, but only if the defense asks for it and builds the record to earn it. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I spent more than 25 years in Hillsborough County courtrooms, including as former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys raise youthful offender sentencing early and back it with a mitigation packet the judge can rely on.

What is youthful offender sentencing in Florida?

Youthful offender sentencing is an alternative to an adult sentence for young people convicted of felonies. The Florida Youthful Offender Act, found in section 958.04, Florida Statutes, tells the judge to dispose of the case “in lieu of other criminal penalties authorized by law,” which is why the usual penalty structure, including most mandatory minimums, falls away.

The Act caps the sentence at six years. Under section 958.04(2), the judge can choose probation or community control for up to six years, with or without an adjudication of guilt; a split sentence of one to four years in a Department of Corrections facility followed by supervision, with the total capped at six years; or a commitment to the Department of Corrections for up to six years. None of these can exceed the maximum sentence for the offense itself.

Who is eligible for youthful offender sentencing in Florida?

A person is eligible when three conditions are met. Under section 958.04(1), the court may sentence as a youthful offender someone who is at least 18 or was transferred to adult court as a juvenile, who was found guilty of or pled to a felony committed before turning 21, and who has never been classified as a youthful offender before.

• Age at the offense, not at sentencing. The crime must have been committed before the defendant’s 21st birthday. A defendant who turns 21 or 22 while the case is pending is still eligible.
• A felony charge. The Act applies to felonies. A person “found guilty of a capital or life felony” cannot be sentenced as a youthful offender.
• One time only. A prior youthful offender classification disqualifies the defendant.
• The judge’s choice. The statute says the court “may” sentence as a youthful offender. No one is entitled to it, which is why the defense has to make the case for it.

The life felony exclusion is narrower than many people assume. Robbery while carrying a firearm is a first-degree felony punishable by a term of years not exceeding life, which is not the same thing as a life felony, so a defendant convicted of armed robbery can still qualify, as our guide on how to defend against an armed robbery charge in Florida explains.

Can a youthful offender sentence avoid a 10-20-Life mandatory minimum?

Yes. Florida’s Second District Court of Appeal, which hears appeals from Hillsborough, Pasco, and Pinellas Counties, decided this question in State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001). Derek Wooten was charged with aggravated assault with a firearm and carrying a concealed firearm, and the trial judge withheld adjudication and sentenced him as a youthful offender to two years of community control followed by four years of probation. The State appealed, arguing the 10-20-Life minimum mandatory had to be imposed. The Second District affirmed, holding that the 10-20-Life statute “contains no language to supersede the youthful offender sentence” and that minimum mandatory sentencing “is not applicable when one is sentenced as a youthful offender.”

The same rule protects young people facing drug trafficking minimums. The practical lesson is simple: a gun or trafficking charge that looks like a guaranteed prison term may not be one for a client under 21. Our guide to Florida’s 10-20-Life law explains those minimums, and our Tampa gun crimes lawyer page describes how we defend firearm cases.

Can the judge withhold adjudication in a youthful offender case?

Yes, and that includes charges where Florida law normally forbids a withhold. In Sloan v. State, 884 So. 2d 378 (Fla. 2d DCA 2004), Joshua Sloan was adjudicated guilty of DUI manslaughter because the trial judge believed section 316.656(1), which bars withholding adjudication for DUI and vehicular homicide, controlled. The Second District reversed, holding that if the court classifies a defendant as a youthful offender, “section 316.656(1) is inapplicable,” and sent the case back for the judge to decide whether a withhold was appropriate.

A withhold of adjudication means the client is not formally convicted of the felony, which protects civil rights and can make the record eligible for sealing later. That is often worth as much to a 19-year-old as the shorter sentence.

How many young people face felony sentencing in Hillsborough County?

Hundreds every year. According to the Florida Department of Corrections’ Criminal Punishment Code report for FY 2023-24, the 13th Judicial Circuit in Hillsborough County sentenced 77 felony scoresheets for offenses committed at age 17 or younger and 1,089 for offenses committed between ages 18 and 24. Statewide, 1,024 felony scoresheets that year were for offenses committed at 17 or younger.

The report does not say how many of those defendants received youthful offender sentences. What the numbers do show is that a young defendant in Tampa is one of many, and the judge will look for something in the record that sets this case apart. More information about how our firm handles cases in this county is on our Hillsborough County criminal defense attorney page.

What are juvenile sanctions, and when are they better than youthful offender?

Juvenile sanctions are the better outcome when they are available, because they produce no adult conviction at all. Under section 985.565, Florida Statutes, when a child is transferred to adult court, the judge can sentence the child as an adult, as a youthful offender under chapter 958, or as a juvenile. If the judge imposes juvenile sanctions, the court adjudicates the child delinquent, and that adjudication “may not be deemed a conviction.”

The statute lists the factors the judge must weigh, including the seriousness of the offense, whether it was violent or premeditated, the child’s sophistication and maturity, the child’s record, and whether the Department of Juvenile Justice has an appropriate program available. Two limits matter. A child indicted for an offense punishable by death or life and convicted of it must be sentenced as an adult, and the judge cannot combine adult and juvenile punishments.

Research supports keeping young people out of the adult system when possible. In a 2010 Office of Juvenile Justice and Delinquency Prevention bulletin, Juvenile Transfer Laws: An Effective Deterrent to Delinquency? (NCJ 220595), Professor Richard E. Redding reviewed the research and concluded that transfer laws have increased recidivism among the youths transferred to adult court. Our attorneys bring that research to the judge when we ask for juvenile sanctions or a youthful offender sentence.

What happens if a youthful offender violates probation?

A violation can cost the client the six-year cap, depending on what kind of violation it is. Under section 958.14, Florida Statutes, a youthful offender who commits a technical violation, such as a missed appointment or a failed drug test, cannot be committed for longer than six years or the maximum for the offense, whichever is less. For a substantive violation, meaning a new crime, the limit becomes the maximum sentence for the original offense.

The Florida Supreme Court explained what that means in Eustache v. State, 248 So. 3d 1097 (Fla. 2018). Robin Eustache was a youthful offender on probation for robbery with a firearm when he committed two new drug offenses. Both lawyers told the judge he had to impose the 10-year minimum mandatory, and the judge sentenced him to 15 years. The Supreme Court held that after a substantive violation, the judge may either impose another youthful offender sentence, “with no minimum mandatory,” or impose an adult sentence that must include any minimum mandatory. Because the judge was never told he had the first option, the court ordered a new sentencing hearing.

Eustache is the reason our attorneys fight a youthful offender violation on two fronts: whether the violation was willful and substantial, and whether the judge should reimpose youthful offender status rather than an adult sentence. Our post on violation of probation in Tampa covers the hearing process.

How do our attorneys build the case for youthful offender sentencing?

Our attorneys build the case the same way we build any request for leniency: with evidence the judge can put in the order. A youthful offender sentence is discretionary, so the question at sentencing is always why this young person deserves it.

1. Confirm eligibility early. We check the offense date against the client’s birthday, the degree of the charge, and any prior classification before the first plea conversation.
2. Build a mitigation packet. We gather school records, psychological evaluations, treatment records, and character letters into a mitigation report that shows who the client is beyond the arrest.
3. Get the client into school, work, or treatment. A judge weighs what the young person has done since the arrest more heavily than promises about the future.
4. Negotiate with the State. Prosecutors often agree to a youthful offender plea when the record supports it, and an agreed sentence removes the risk of a hearing.
5. Make the record at sentencing. If the State objects, we present the evidence and make sure the judge knows the full range of options, including Wooten and Eustache.

When the client was under 18 at the offense and was charged as an adult, we ask first for juvenile sanctions and treat youthful offender as the fallback. Families with a college student facing charges can also read our post on college students charged as adults.

Frequently asked questions

Can you get youthful offender for armed robbery with a firearm in Florida?

Yes, in many cases. Armed robbery with a firearm is a first-degree felony punishable by up to life, not a life felony, so it qualifies, and a youthful offender sentence avoids the 10-20-Life minimum mandatory under State v. Wooten. The Brancato Law Firm reviews the charging document closely in every gun case, because the exact charge decides whether youthful offender is on the table, as explained on our gun crimes defense page.

Does a youthful offender sentence stay on your record in Florida?

The arrest and the case stay on the record, but if the judge withholds adjudication, the client is not convicted of a felony and may be able to seal the record later. The Brancato Law Firm asks for a withhold whenever the facts support it and tells families up front which sealing options will follow.

Can someone who is 22 at sentencing still get youthful offender?

Yes, if the crime was committed before the defendant turned 21. The age at the offense controls under section 958.04(1)(b), and The Brancato Law Firm checks the offense date first in every case involving a young client.

Is youthful offender available for a DUI manslaughter charge?

Yes. DUI manslaughter is a second-degree felony, and under Sloan v. State the mandatory adjudication rule for DUI offenses does not apply once the court classifies the defendant as a youthful offender. Our attorneys at The Brancato Law Firm present treatment, remorse, and restitution evidence in these cases because the judge’s discretion is the whole case.

What happens to a youthful offender who commits a new crime on probation?

The judge can revoke probation and choose either another youthful offender sentence with no minimum mandatory or an adult sentence up to the original maximum, as the Florida Supreme Court held in Eustache v. State. The Brancato Law Firm makes sure the judge hears both options and the reasons to keep the client in the youthful offender system.

Can a juvenile charged as an adult in Tampa be sentenced as a juvenile?

Often, yes. Under section 985.565, a judge can impose juvenile sanctions on a child transferred to adult court unless an exception applies, and the result is a delinquency adjudication rather than a conviction. The Brancato Law Firm prepares the evidence on each statutory factor, and our post on juvenile expungement in Florida explains what happens to the record afterward.

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

Protect your child’s future now

The decisions that make youthful offender sentencing possible, from the plea offer to the evidence the judge sees, are made in the first weeks of the case. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will review the charge, the offense date, and the options before the State’s first offer. You can call us at any hour. 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.

For more about our defense strategies, visit our Gun Crimes 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.

A Florida jury can convict on a lewd and lascivious charge with no physical evidence at all, because section 794.022(1), Florida Statutes says the child’s testimony “need not be corroborated.” I learned how these cases are built, and where they break, in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys defend lewd and lascivious charges across Hillsborough, Pinellas, and Pasco Counties, from the first call from a detective through trial and, when needed, after conviction.

What are the four lewd and lascivious offenses in Florida?

Section 800.04, Florida Statutes creates four separate crimes, and each one requires that the alleged victim was under 16. The statute has not been amended since 2022.

Choosing the right category matters because the penalties differ sharply. A touch the State calls molestation may legally be conduct, and a case charged as battery may lack proof of “sexual activity” as the statute defines it. Our Tampa sex crimes lawyer team at The Brancato Law Firm checks the charging document against the evidence before anything else.

What are the penalties for a lewd and lascivious charge in Florida?

The penalty turns on the ages of the accused and the child, and on any prior record. Maximum terms come from section 775.082, Florida Statutes.

The most serious tier carries a mandatory minimum. For lewd molestation of a child under 12 by an adult, committed on or after September 1, 2005, section 775.082(3)(a)4.a. requires either life or “a split sentence that is a term of at least 25 years’ imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person’s natural life.” In Rochester v. State, 140 So. 3d 973 (Fla. 2014), the Florida Supreme Court held that “the trial court does not have the discretion to impose a sentence below the twenty-five year minimum.” A second such conviction for an offense on or after July 1, 2008 requires life.

The child’s age is often the whole case. In Lincoln v. State, No. 6D2023-0235 (Fla. 6th DCA Dec. 30, 2024), a Highlands County defendant received a life sentence, but the jury had been instructed on and found only the 12-to-15 offense, and the evidence showed the child had turned 12. The court held that “[t]he sole distinction” between the life felony and the second-degree felony “is the age of the victim,” and ordered resentencing on the lower offense. Our attorneys at The Brancato Law Firm pin down the child’s age on every date the State alleges.

Are consent or a mistaken belief about age defenses?

No. Section 800.04(2) states that “[n]either the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.” Section 800.04(3) adds that “[t]he perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense.”

That rule surprises many people charged after a relationship with a 14- or 15-year-old who claimed to be older. A fake ID or a dating-app profile does not change the charge. The statute does carve out one act: “A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.”

What changed in Florida’s lewd and lascivious laws in 2026?

Florida repealed its misdemeanor “unnatural and lascivious act” law, section 800.02, effective October 1, 2026, and created a new felony for indecent exposure while observing a child. Both changes came from chapter 2026-159, Laws of Florida, approved June 16, 2026. Some websites still describe section 800.02 as current law; it no longer applies to conduct on or after October 1, 2026.

The new section 800.035, Florida Statutes, “Indecent exposure of sexual organs while observing a child,” is a third-degree felony. It covers a person who, while observing a child under 16 for sexual gratification, intentionally exposes his or her sexual organs in a lewd or lascivious manner or performs a non-contact sexual act. “Observing” means intentionally viewing a person who can reasonably see the offender, and it is not a defense that the child was unaware or did not see. Breastfeeding mothers and nudity in a place set apart for it are excluded.

Exhibition over the internet is a different crime. Section 800.04(7) does not mention electronic devices. Live exhibition “over a computer online service, Internet service, or local bulletin board service” to a child under 16 is charged under section 847.0135(5), Florida Statutes, a second-degree felony for an adult and a third-degree felony for a person under 18.

How does the State use other accusations against the accused?

In a child molestation case, the State can ask to introduce evidence that the accused molested other children. Section 90.404(2)(b), Florida Statutes provides that this evidence “is admissible and may be considered for its bearing on any matter to which it is relevant.” The State must give notice no fewer than 10 days before trial.

The limits come from McLean v. State, 934 So. 2d 1248 (Fla. 2006), a case that began in the Second District. The Florida Supreme Court upheld the statute but required the trial judge to “find that the prior acts were proved by clear and convincing evidence” and then weigh “(1) the similarity of the prior acts to the act charged regarding the location of where the acts occurred, the age and gender of the victims, and the manner in which the acts were committed; (2) the closeness in time of the prior acts to the act charged; (3) the frequency of the prior acts; and (4) the presence or lack of intervening circumstances.” The evidence must not “become a feature of trial,” and the jury receives a cautionary instruction on request.

Those findings are where the fight happens. In State v. Riggleman, 397 So. 3d 1152 (Fla. 2d DCA 2024), a Sarasota County case, the Second District quashed an order excluding collateral-act evidence because the trial court had not made the required relevance and McLean findings. Our attorneys at The Brancato Law Firm build the record on each McLean factor so an exclusion holds up. Our post on the Williams rule in sex crimes cases explains these motions in more depth.

How are a child’s interviews and statements used at trial?

Most lewd and lascivious cases rest on the child’s recorded forensic interview, the child’s trial testimony, and adults who repeat what the child told them. Each piece can be tested. Our post on child hearsay in Tampa sex cases explains when a child’s out-of-court statements may be admitted.

The State must still prove each count, including where, when, and how old the child was. In Crenshaw v. State, No. 5D2023-3159 (Fla. 5th DCA Sept. 19, 2025), a Putnam County case, the court ordered a judgment of acquittal on one molestation count because the child never testified to that touching in Putnam County and the child hearsay witnesses “acknowledged that the victim provided no timeline or dates.” Another count was affirmed only because the defense had not preserved its objection. Our attorneys move for acquittal count by count, on every element.

Confessions get special treatment in these cases. Section 92.565, Florida Statutes lets the State use a confession without independent proof of each element when, among other factors, the child was under 12. The judge must first hold a hearing, find the confession “trustworthy” with corroboration shown by a preponderance of the evidence, and “make specific findings of fact, on the record.”

Is there a statute of limitations for lewd and lascivious charges?

For lewd battery and lewd molestation of a child under 16, there is usually no time limit. Section 775.15(18), Florida Statutes allows prosecution “at any time, unless, at the time of the offense, the offender is less than 18 years of age and is no more than 4 years older than the victim.”

Lewd conduct and lewd exhibition are not covered by subsection (18). For those charges, subsection (13)(a) delays the clock until the child turns 18 or the offense is reported to law enforcement or another government agency, whichever comes first, and the ordinary felony periods then apply. Subsection (16) extends the time when the accused is identified through DNA, as long as preserved evidence is available for the defense to test.

What happens after a lewd and lascivious conviction in Florida?

A conviction under section 800.04 requires registration as a sexual offender, and the most serious versions make the person a sexual predator on a single conviction. Under section 943.0435, Florida Statutes, a registrant must report in person to the sheriff within 48 hours after establishing a residence, release, or conviction. The 25-year removal petition is not available for adult convictions under section 800.04(5)(b) and for certain lewd battery and molestation convictions. Under section 775.21, Florida Statutes, a “capital, life, or first degree felony violation” of section 800.04 triggers the sexual predator designation.

The registry is large. As of October 2024, Florida’s sex offender registry listed 86,207 people, including 16,246 sexual predators, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11. The same report counted 1,999 registrants living in Hillsborough County communities in October 2024, up from 1,969 in 2021.

Research on re-offense cuts both ways. The Bureau of Justice Statistics study Recidivism of Sex Offenders Released from State Prison: A 9-Year Follow-Up (2005-14) (2019) found that 7.7% of released sex offenders were arrested for rape or sexual assault within nine years, compared with 2.3% of other released prisoners, while about 67% were arrested for any crime, compared with 84% of other released prisoners. Our posts on sex offender registration in Florida and getting off the Florida sex offender registry explain the duties and the limited ways out.

How do our attorneys fight a lewd and lascivious charge?

Our attorneys fight these charges by testing the account, the dates, and the ages the State must prove, and by excluding evidence the law does not allow. The approaches that most often matter:

1. The origin of the accusation. We examine when and how the allegation first came out, including divorce and custody disputes, family conflict, and who spoke to the child before the forensic interview.
2. Interview quality. We review the recorded interview for leading questions and for details that came from adults.
3. Physical and digital facts. Home layouts, schedules, school records, and social media can show an act could not have happened as described.
4. Ages and dates. We hold the State to proof of the child’s age and the date range on every count, as Lincoln and Crenshaw show.
5. Collateral evidence. We oppose other-act evidence under McLean and demand a section 92.565 hearing on any confession.
6. Sentencing exposure. When the facts support it, we push to move a case out of the life-felony tier, which is the only one with the 25-year minimum.

For sexual battery charges, which carry their own penalties and defenses, see our guide on how to fight a sexual battery charge in Florida.

Real results in lewd and lascivious cases

Past results do not guarantee future outcomes. More results are on our case results page.

What should you do if you are accused or under investigation?

Do not talk to the detective, the child, or the family about the allegation, and call a defense lawyer first. Detectives often try to interview the accused before an arrest, and a statement explaining “what really happened” often becomes the State’s best evidence. Save texts, calendars, and records that show where you were on the dates in question.

Early counsel can change the outcome. Our pre-file advocacy can include presenting evidence to the State Attorney’s Office for the 13th Judicial Circuit before it files the charging information. If an arrest has already happened in Hillsborough County, first appearance takes place within 24 hours at the Orient Road Jail, where bond and no-contact conditions are set. Our Hillsborough County criminal defense attorney page explains what comes next.

Frequently Asked Questions About Lewd and Lascivious Charges in Florida

Can lewd and lascivious charges be dropped in Florida?

Yes, when the evidence shows the account is unreliable, the dates or ages cannot be proven, or DNA excludes the accused. The Brancato Law Firm has had lewd and lascivious accusations dismissed after an accuser’s social media contradicted the story and after DNA excluded our client.

Is lewd molestation always a life felony in Florida?

No, it is a life felony only when the accused is 18 or older and the child is under 12. The Brancato Law Firm checks the child’s age on each alleged date, because in Lincoln v. State a life sentence was reversed when the jury had found only the 12-to-15 offense.

Can a judge go below 25 years for lewd molestation of a child under 12?

No, under Rochester v. State (Fla. 2014) the judge has no discretion to go below the 25-year minimum for an adult convicted under section 800.04(5)(b). Our attorneys at The Brancato Law Firm focus on whether the charge belongs in that tier at all, as explained on our sex crimes defense page.

Is touching over clothing lewd and lascivious in Florida?

It can be, because the molestation statute covers touching of “the clothing covering” the listed body parts in a lewd or lascivious manner. The Brancato Law Firm challenges the intent element, which the State must prove from the circumstances, and whether an accidental or innocent touch is being recast.

What happened to Florida’s unnatural and lascivious act law?

Section 800.02 was repealed effective October 1, 2026 by chapter 2026-159, which also created the new felony in section 800.035. Our attorneys at The Brancato Law Firm check the date of the alleged conduct against that effective date; you can read the new law in section 800.035.

Should I talk to police if I am accused of lewd and lascivious conduct?

No, not without a lawyer present. The Brancato Law Firm can speak with the detective for you and pursue representation before charges are filed.

Protect your future before the State builds its case

A lewd and lascivious investigation often moves quietly for weeks before an arrest, and that time is the best chance to shape the outcome. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will handle contact with detectives, preserve the records that matter, and start testing the accusation right away. 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 Sex Crimes 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.

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.

To convict someone of identity theft under Florida’s main statute, a prosecutor must prove more than that another person’s card number or Social Security number turned up in a phone or wallet. The State must prove the use, or the intended use, was willful, fraudulent, and without consent, and the heaviest penalties depend on numbers a jury has to find. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend identity theft, unlawful possession of personal identification information, and related fraud charges in Hillsborough, Pinellas, and Pasco Counties, often while the case is still an investigation.

What does the State have to prove in a Florida identity theft case?

The State must prove that you used, or possessed with intent to use, another person’s identifying information fraudulently, willfully, without authorization, and without consent. Under section 817.568(2)(a), Florida Statutes, a person commits the offense if he or she “willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning another person without first obtaining that person’s consent.”

The definition of personal identification information is broad. It means “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,” including a name, address, phone number, Social Security number, date of birth, driver license number, bank account, credit or debit card number, PIN, biometric data, and medical records. “Authorization” means “empowerment, permission, or competence to act.” Each element is a separate fight, and our Tampa white collar crime attorney team tests them one at a time.

What are the penalties for identity theft in Florida?

The degree depends on the dollar amount involved or the number of people whose information was used. Section 817.568(2) sets this ladder:

The maximums come from section 775.082, Florida Statutes. The dollar amount can be “the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated.” Under subsection (3), if a mandatory minimum is longer than the maximum the law otherwise allows, “the mandatory minimum sentence must be imposed.” The statute’s text has not changed since 2021. Our post on felony degrees in Florida explains how these levels interact with the sentencing scoresheet.

Do the mandatory minimums apply if I only possessed the information?

No. The 3-, 5-, and 10-year minimums in section 817.568(2)(b) and (2)(c) apply only when the person “fraudulently uses” the information. Possession with intent to use stays at subsection (2)(a), a third-degree felony with no minimum. That one word, uses, is often the most important line in the case.

When the minimum applies, the judge cannot skip it. In State v. Barnhart, 310 So. 3d 132 (Fla. 1st DCA 2020), a Leon County jury found fraud of $5,000 or more, and the trial judge held the three-year minimum “in abeyance.” The First District reversed: “As the Legislature has prescribed a three-year mandatory minimum, the trial court had no authority to do otherwise.”

The State must also charge the threshold and prove it to the jury. In Roodbergen v. State, No. 2D19-3250 (Fla. 2d DCA Nov. 5, 2021), a Manatee County case involving a victim 60 or older, the Second District held the three-year minimum applied “because the information charged and the jury, by special verdict, specifically found beyond a reasonable doubt that both of those counts involved a pecuniary benefit of $5,000 or more.” The Second District hears appeals from Hillsborough, Pinellas, and Pasco Counties. Our attorneys at The Brancato Law Firm read the charging document and the proposed verdict form for exactly this point, because a dollar figure the jury never found cannot support a minimum.

Subsection (13) gives the prosecutor one more tool: the State may move to “reduce or suspend the sentence” of a person who provides “substantial assistance,” and the motion may be heard in camera.

Which victims make identity theft a more serious charge?

Several victim categories and methods create separate second-degree felonies or raise the degree. Section 817.568 lists them in separate subsections:

The statute states no mandatory minimum for subsections (6), (7), and (11). In Roodbergen, the Second District expressly left open whether (2)(b) and (6) “prescribe separate enhancements or separate offenses.” The Brancato Law Firm checks which subsection the State actually charged, because the wrong one changes the sentencing range.

What is unlawful possession of personal identification information?

It is a separate, lesser crime that requires no intent to defraud. Section 817.5685, Florida Statutes, makes it unlawful “to intentionally or knowingly possess, without authorization, the personal identification information of another person in any form, including, but not limited to, mail, physical documents, identification cards, or information stored in digital form.” This is often the charge when someone is found holding other people’s cards or mail.

The number of people decides the degree. Possessing the information of “four or fewer persons” is a first-degree misdemeanor. Five or more is a third-degree felony, and possession of five or more people’s information, “unless satisfactorily explained, gives rise to an inference” that it was knowing and unauthorized. The statute gives two affirmative defenses: a “reasonable belief that such possession was authorized by law or by the consent of the other person,” and information obtained from a source “open or available to the general public or from a public record.” Parents, guardians, government employees, and lawful businesses acting in the ordinary course are excluded.

Juries return this lesser charge. In King v. State, No. 4D2024-1060 (Fla. 4th DCA Oct. 29, 2025), a Broward jury convicted on the misdemeanor possession lesser, finding information of “at most, two individuals,” yet the trial court imposed 3 years in prison and 2 years of probation. The State conceded he “was adjudicated guilty and sentenced under the wrong statute,” and the Fourth District reversed for resentencing. Our attorneys at The Brancato Law Firm count the victims the State can actually prove, because that count sets the ceiling.

Can the State charge one act as several counts?

Not if the counts rest on a single act. In Fravel v. State, 188 So. 3d 969 (Fla. 4th DCA 2016), the Fourth District held that “section 817.568(2)(a) is a lesser included offense, which would be subsumed by the greater offense of section 817.568(2)(b) if they were directed at a single act.” The two counts in that case survived only because the State proved “two distinct acts,” opening a Chase card and a Capital One card, and tied each count to one account.

Identity theft cases can be charged with many counts drawn from one bank statement. The Brancato Law Firm makes the State identify the specific act behind each count, and counts that duplicate one act can be challenged. Our post on how criminal charges are dropped or dismissed in Florida explains the motion practice.

What costs come with an identity theft conviction?

A plea or verdict brings a $1,001 surcharge that the judge cannot waive. Under section 817.568(12), the surcharge applies “regardless of adjudication,” so it attaches even with a withhold of adjudication. Restitution can include “attorney’s fees incurred by the victim in clearing the victim’s credit history or credit rating,” and the court may order public records corrected.

Those costs sit on top of any restitution for the money itself. Our attorneys at The Brancato Law Firm look at the restitution figure as closely as the criminal charge, because the same dollar amount often drives both.

Where is an identity theft case prosecuted?

It can be prosecuted in any county where an element of the offense happened, including the county where the victim generally resides. For the consent element, section 817.568 presumes the place of consent is the county “where the victim generally resides.” A person who never set foot in Hillsborough County can be charged there if the victim lives there.

In Hillsborough County, felony charges are filed by the State Attorney’s Office for the 13th Judicial Circuit, and an arrest means a first appearance within 24 hours, usually from the Orient Road Jail. Our firm defends these cases in Hillsborough, Pinellas, and Pasco Counties, and our Hillsborough County criminal defense attorney page explains the local court process.

How common is identity theft in Florida?

Florida leads the country in identity theft reports per person. In 2024, Florida consumers filed 115,840 identity theft reports with the Federal Trade Commission, or 528 per 100,000 residents, ranking Florida 1st among the states, according to the FTC’s Consumer Sentinel Network Data Book 2024. Nationally, the FTC received 1,135,291 identity theft reports in 2024. These are consumer reports to the FTC, not arrests or proven crimes.

Most victims never call the police. The Bureau of Justice Statistics report Victims of Identity Theft, 2021 (released 2023) estimated that about 23.9 million people age 16 or older experienced identity theft in the prior 12 months, and only about 7% of victims reported it to police. Because so few victims report, the cases that do reach police can begin with a bank’s fraud department or a personal dispute, and our attorneys at The Brancato Law Firm look closely at who reported it and why.

How do our attorneys fight an identity theft charge?

We start with consent and authorization, then make the State prove every number. Our attorneys work through six questions:

1. Was there consent or authorization? A spouse, roommate, employee, or business partner who had permission to use an account was not acting without consent, and a later falling-out does not change what was agreed at the time.
2. Who actually used the information? Shared devices, shared accounts, and shared addresses make the identity of the user a real question. Login records, IP addresses, store video, and delivery records must point to the client.
3. Was the information used or only possessed? Possession with intent is a third-degree felony with no minimum.
4. Can the State prove the amount and the victim count? The 3-, 5-, and 10-year minimums require proof of the threshold to the jury, as Roodbergen holds.
5. Do the counts duplicate one act? Under Fravel, one act cannot support stacked counts.
6. Does a section 817.5685 defense apply? A reasonable belief in consent, or information taken from a public source, is an affirmative defense to the possession charge.

Related charges often travel with identity theft, including grand theft and scheme to defraud. Our guide on how to fight a theft charge in Florida covers how value is proven in those counts.

What should you do if you are under investigation for identity theft?

Stop talking and get a lawyer involved before the State files charges. Identity theft cases are often built from bank records, subpoenas, and interviews over weeks or months, and the investigation is the best time to correct a mistaken assumption about consent or who used an account.

1. Do not explain the transactions to a detective or bank investigator. A statement about permission can be turned into an admission of use.
2. Do not contact the alleged victim. Messages about money or permission become evidence.
3. Save your own records. Texts granting permission, shared account details, and work authorizations can prove consent.
4. Ask about pre-file representation. Our firm’s pre-file advocacy puts the defense’s evidence in front of the prosecutor before the filing decision.

If an arrest has already happened, our guide on what to do after being arrested in Tampa covers the first steps.

Frequently asked questions about identity theft charges in Florida

Can identity theft charges be dropped in Florida?

Yes. Identity theft charges can be dropped or reduced when the evidence shows consent, when the State cannot prove who used the information, or when the dollar amount or victim count falls below a threshold. The Brancato Law Firm brings those records to the prosecutor early, and our post on getting charges dropped or dismissed in Florida explains the process.

Is having someone else’s credit card numbers a crime in Florida?

It can be, even without any use. Under section 817.5685, knowingly possessing another person’s card or account number without authorization is a first-degree misdemeanor for four or fewer people and a third-degree felony for five or more, and The Brancato Law Firm looks first at the statute’s defenses for consent and public sources.

Is there a mandatory minimum sentence for identity theft in Florida?

Only at the higher tiers. Fraudulent use of $5,000 or more, or of 10 or more people’s information, carries a 3-year minimum, rising to 5 and 10 years at $50,000 and $100,000 or 20 and 30 people. Our attorneys at The Brancato Law Firm challenge the amount and the count, as described on our Tampa white collar crime defense page.

What if the person gave me permission to use their information?

Then it is not identity theft under section 817.568, which requires use “without first obtaining that person’s consent.” The Brancato Law Firm gathers the texts, emails, and account records that show permission, because the alleged victim’s memory of the arrangement often changes after a falling-out.

Can a parent be charged with identity theft for using a child’s information in Florida?

Yes. Under section 817.568(7), a parent, legal guardian, or person exercising custodial authority over someone under 18 or 60 or older who willfully and fraudulently uses that person’s information commits a second-degree felony. Our attorneys at The Brancato Law Firm examine whether the use was authorized for the family member’s benefit, and our Tampa white collar crime lawyer page covers related fraud charges.

What should I do if a bank or detective contacts me about identity theft?

Do not give a statement until you have spoken with a lawyer. The Brancato Law Firm provides representation before charges are filed and can respond to the investigator for you.

Call before the investigation becomes a charge

Account logs, login records, and store video are kept for limited periods, and an identity theft investigation can run for months before an arrest. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will collect the records that show consent, test who used the information, and speak with the investigator or prosecutor before the filing decision. Call (813) 727-7159 for a free, confidential consultation; you can call us at any hour. 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 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.

A robbery case usually turns on two questions the arrest report does not settle: who took the property, and whether force or fear was really part of the taking. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have put both questions to juries across more than 150 jury trials to verdict. Our attorneys defend strong-arm robbery, armed robbery, sudden snatching, and carjacking charges in Hillsborough, Pinellas, and Pasco Counties, starting with the identification evidence, the video, and the exact words of the charging document.

What does the State have to prove in a Florida robbery case?

The State must prove a taking, from the person or custody of another, with intent to deprive, accomplished by force, violence, assault, or putting in fear. Section 812.13(1), Florida Statutes, defines robbery as “the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

Robbery does not require a face-to-face grab. Property is in a victim’s “custody” when it is under the victim’s control so that the victim could have prevented the taking without the violence or intimidation. In Acosta v. State, 399 So. 3d 1118 (Fla. 3d DCA 2024), the victims had been thrown off a jet ski that was floating away when the defendant took it, and the Third District held that was still a taking from their custody. Our Tampa violent crime lawyer team tests each element separately, because a missing element often turns a robbery into a theft.

When does force turn a theft into a robbery?

Force turns a theft into robbery when the victim resists and the offender overcomes that resistance. In Robinson v. State, 692 So. 2d 883 (Fla. 1997), the Florida Supreme Court held that “the perpetrator must employ more than the force necessary to remove the property from the person. Rather, there must be resistance by the victim that is overcome by the physical force of the offender.” A snatching without that kind of resistance “amounts to theft rather than robbery.”

Timing matters too. Under section 812.13(3)(b), force counts if it happens “either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.” Robinson recognized that the 1987 amendment adopting this language replaced the older rule that force had to come before or during the taking. Courts analyze an “afterthought” argument “in light of the entire circumstances of the incident,” as the Third District put it in Acosta. Our attorneys at The Brancato Law Firm look closely at the sequence, because force that comes after a clean break, or that was an afterthought unrelated to the taking, can defeat the robbery charge.

What are the degrees and penalties for robbery in Florida?

The degree depends on what the offender carried, not what the offender showed or used. Section 812.13(2) uses the word “carried,” so the State does not have to prove the weapon was displayed.

The prison maximums come from section 775.082, Florida Statutes, and the fines from section 775.083, Florida Statutes. Because carrying a weapon is already an element of armed robbery, the general weapon reclassification in section 775.087(1) does not raise the degree again.

Armed robbery with a firearm or deadly weapon carries a possible life sentence. I meet the Florida Rule of Criminal Procedure 3.112 qualifications to defend capital cases, and our attorneys prepare life-felony robbery cases with the same trial-level investigation.

How is sudden snatching different from robbery?

Sudden snatching is a separate, lesser crime for grabbing property from a person who becomes aware of the taking, with no force beyond what the grab requires. Under section 812.131, Florida Statutes, the State does not have to show that the offender “used any amount of force beyond that effort necessary to obtain possession,” that the victim resisted, or that the victim was injured. The Legislature created it in 1999, after Robinson.

Sudden snatching is a third-degree felony (up to 5 years) when no weapon is carried. It becomes a second-degree felony (up to 15 years) when the offender carried a firearm or other deadly weapon. When a robbery charge rests on a quick grab of a phone, purse, or chain, our attorneys at The Brancato Law Firm ask whether the facts fit sudden snatching or theft instead.

What is carjacking in Florida?

Carjacking is robbery of a motor vehicle. Section 812.133, Florida Statutes, covers taking “a motor vehicle which may be the subject of larceny from the person or custody of another,” with intent to deprive, “when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

Carjacking is a first-degree felony even when no weapon is involved, so it is charged one degree above unarmed robbery. The Brancato Law Firm reviews whether the vehicle was truly in the driver’s custody and whether the force came during the taking or in a separate event.

How does Florida’s 10-20-Life law apply to robbery?

Robbery and attempted robbery are on the 10-20-Life list. Under section 775.087(2)(a), Florida Statutes, a person convicted of robbery who “actually possessed a ‘firearm’ or ‘destructive device'” faces a 10-year mandatory minimum. Discharging the firearm raises the minimum to 20 years, and discharging it and causing “death or great bodily harm” means a minimum of 25 years up to life.

Possession under the statute means “carrying it on the person,” or having the firearm “within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense.” The court cannot withhold adjudication or suspend the sentence, and there is no gain-time or early release before the minimum is served. For the full statute, see our guide to Florida’s 10-20-Life law.

What changed about 10-20-Life sentences in 2025?

The 2025 law kept consecutive minimums mandatory when a person is convicted of several qualifying felonies, and gave judges discretion when a qualifying felony is paired with an unlisted one. Chapter 2025-81, Laws of Florida, effective July 1, 2025, rewrote the consecutive-sentence rules in section 775.087(2). The earlier 2023 text said the court “shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.”

Current paragraph (d) requires the court to impose the minimum “for each qualifying felony offense for which the person is convicted,” and, when there are several, to “impose any such terms of imprisonment consecutively.” New paragraph (e) says that when a qualifying felony is committed “in conjunction with any other felony offense not enumerated,” the court “may impose” the minimum consecutively. Two counts of robbery with a firearm, one for each victim, still mean two minimums served back to back, while a robbery count paired with an unlisted felony leaves the judge a choice. Our attorneys at The Brancato Law Firm check the offense date and the count structure on every case, because they can decide whether a client faces 10 years or 20.

Is a BB gun a deadly weapon in a Florida robbery?

It can be, and the jury decides. In Dale v. State, 703 So. 2d 1045 (Fla. 1997), the defendant said “I have a gun,” and the gun later recovered was a working gas-operated BB or pellet gun that resembled a 9 mm Beretta. The Florida Supreme Court held that whether a BB or pellet gun is a deadly weapon, meaning whether it is “likely to produce death or great bodily injury,” is “a factual question to be answered by the jury in each case.” The Court added that the gun being recovered without BBs, pellets, or a gas cartridge “is not dispositive.”

The victim’s belief about whether the gun was loaded is not the test. The Court in Dale expressly did not decide whether a BB gun is a firearm. Under section 790.001(9), Florida Statutes, a firearm is a weapon that will, is designed to, or may readily be converted to expel a projectile “by the action of an explosive.” That definition matters because the 10-20-Life minimums require a firearm. When the object is a BB gun, a replica, or a stun gun, our attorneys at The Brancato Law Firm challenge which category the State can prove.

Does wearing a mask make a robbery more serious?

Sometimes. Under section 775.0845, Florida Statutes, an offense is reclassified to the next higher degree if the offender “was wearing a hood, mask, or other device that concealed his or her identity.” A third-degree felony becomes a second-degree felony, and a second-degree felony becomes a first-degree felony.

The statute has no step above a first-degree felony. A mask raises strong-arm robbery from a second-degree to a first-degree felony and raises sudden snatching by one degree, but it cannot raise robbery with a weapon or robbery with a firearm, which are already first-degree felonies. The reclassified offense also ranks one level higher on the scoresheet. The Brancato Law Firm checks whether the State can prove the face covering actually concealed identity, which is the statute’s own requirement.

Can a shoplifting arrest become a robbery charge?

Yes. When force or fear enters a shoplifting incident, the State may charge robbery. In Atmore v. State, No. 2D2024-0584 (Fla. 2d DCA Aug. 13, 2025), a Hillsborough County case, a woman shoplifting at a Sunglass Hut brandished what appeared to be a stun gun when the manager told her to stop, kept taking merchandise, and fled. She was convicted of robbery with a weapon. The Second District held she was entitled to an instruction on resisting a merchant as a lesser offense, though it found the error harmless.

Lesser offenses decide many robbery trials. In J.M. v. State, No. 2D2022-3344 (Fla. 2d DCA Jan. 31, 2025), another Hillsborough case, the trial court found the State could not prove intent to deprive in a robbery charge against a juvenile and instead found aggravated assault. The Second District reversed because the petition never alleged an assault with the weapon, and convicting on an uncharged lesser was fundamental error. Our post on how to fight a theft charge in Florida covers retail theft and resisting a merchant.

How many robbery arrests happen in Hillsborough County?

Fewer than a decade ago. In 2025, Hillsborough County recorded 441 robbery arrests, according to FDLE arrest data published by Florida Health CHARTS, down from 757 in 2016, a 41.7% drop. Florida recorded 6,462 robbery arrests in 2025. These figures count arrest events, not reported robberies, and they leave out cases begun by notice to appear or sworn complaint without a physical arrest.

Fewer arrests do not mean lighter cases. Robbery charges in Hillsborough County are filed by the State Attorney’s Office for the 13th Judicial Circuit, and a robbery arrest means a first appearance within 24 hours, usually from the Orient Road Jail. Robbery is a “dangerous crime” for bond purposes, so the judge cannot grant nonmonetary release at first appearance, as our guide to bond hearings in Tampa explains. Our Hillsborough County criminal defense attorney team prepares for that hearing from the first call.

How do our attorneys defend a robbery charge?

We start with the State’s weakest element, which is often identification. Our attorneys work through five questions in every robbery case:

1. Is the identification reliable? The National Research Council’s report Identifying the Culprit: Assessing Eyewitness Identification (2014) found that memory is “highly malleable and continuously evolving” and that witness confidence “can be powerfully swayed by many factors.” Florida’s section 92.70, Florida Statutes, requires lineups to be run by an independent administrator with set instructions, and noncompliance can support a motion to suppress and must be explained to the jury.
2. Does circumstantial evidence really point to the client? In Young v. State, No. 2D2025-0042 (Fla. 2d DCA July 10, 2026), a Hillsborough case, the Second District affirmed the convictions but held that “the prohibition against pyramiding inferences remains a separate and distinct evidentiary principle.” A jury cannot “draw an inference from an inference.”
3. Was there force or fear during the taking? If not, the charge may be theft or sudden snatching under Robinson.
4. What was carried? The weapon category sets the degree and decides whether 10-20-Life applies.
5. What does the charging document allege? Under J.M., the lesser offenses available at trial depend on what the State charged.

Repeat-offender laws raise the stakes. Under section 775.082(9), robbery, carjacking, and home-invasion robbery committed within 3 years of release from prison qualify for prison releasee reoffender sentencing, which means life for a felony punishable by life and 100 percent of the sentence served. Our posts on prison releasee reoffender sentencing and how to defend against an armed robbery charge in Florida go further on those cases.

Real results in robbery cases

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently asked questions about robbery charges in Florida

Can robbery charges be dropped in Florida?

Yes. Robbery charges can be dropped or reduced when the identification is unreliable, when the evidence shows no force or fear during the taking, or when the State cannot prove the weapon it charged. The Brancato Law Firm obtained a robbery dismissal for a client in November 2025, and we raise each of these issues with the prosecutor early.

Can I be charged with armed robbery if I never showed a weapon?

Yes. Section 812.13(2) turns on whether the offender “carried” a weapon, so display is not required. The Brancato Law Firm tests how the State intends to prove the weapon existed, as described on our Tampa violent crime defense page.

What is the difference between robbery and theft in Florida?

Robbery requires force, violence, assault, or putting in fear during the taking, and theft does not. Our attorneys at The Brancato Law Firm use the Robinson resistance rule to argue for theft when a case involved a grab without a struggle, and our guide to theft charges in Florida covers the theft penalties.

Does 10-20-Life apply to strong-arm robbery?

No. The 10-20-Life minimums apply only when the State proves actual possession of a firearm or destructive device, so a robbery with no gun does not trigger them. The Brancato Law Firm reviews the firearm evidence closely, because a replica or BB gun may not meet the statutory definition.

Should I talk to a detective who calls about a robbery?

No, not before speaking with a lawyer, because anything you tell a detective can be used to build the case, including an honest mistake about a time or place. The Brancato Law Firm offers representation before charges are filed and can speak with the detective for you.

Talk to a Tampa robbery defense attorney now

Witness memories change and store video is overwritten within days, so the first week after a robbery arrest matters most. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will secure the video, test the identification, and prepare for the first appearance and bond hearing. 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 Violent Crime 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.

Picking up a new felony charge less than three years after walking out of prison puts you in the one corner of Florida sentencing law where the judge may have no say at all. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have practiced in Hillsborough County courtrooms for more than 25 years, including service as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. In every PRR case, our attorneys pull the Department of Corrections release records, count the days ourselves, and test each element the State must prove before anyone talks about a plea.

What makes someone a prison releasee reoffender in Florida?

A person is a prison releasee reoffender when three things line up: a qualifying release, a qualifying new offense, and a new offense date within three years of that release. All three come from section 775.082(9), Florida Statutes. Attempts count the same as completed crimes. The statute also covers a new listed offense committed while the person is still serving a prison sentence or is on escape status.

PRR is a sentencing designation. It attaches to the new charge and replaces the normal scoresheet sentence with a fixed mandatory term. Because most qualifying offenses are violent felonies, PRR cases usually begin as robbery, aggravated battery, or home invasion charges, the work described on our Tampa violent crime attorney page.

Which offenses qualify for PRR?

The statute lists the qualifying offenses by name. The list includes:

• Murder, manslaughter, and treason
• Sexual battery and kidnapping
• Robbery, carjacking, and home-invasion robbery
• Arson and aircraft piracy
• Aggravated assault with a deadly weapon, aggravated battery, and aggravated stalking
• Unlawful throwing, placing, or discharging of a destructive device or bomb
• Armed burglary, burglary of a dwelling, and burglary of an occupied structure
• Felony violations of sections 790.07, 800.04, 827.03, 827.071, and 847.0135(5)
• Any other felony that involves the use or threat of physical force or violence against an individual
• Battery on a law enforcement officer that results in bodily injury

The last item is new. The Legislature added it in Chapter 2026-149, Laws of Florida, which took effect July 1, 2026. Burglary of an unoccupied structure or conveyance is missing from the named list, so the State must fit those cases under the force-or-violence catch-all, which depends on the facts of the conviction. Our posts on what burglary is in Florida and how to defend an armed robbery charge cover those charges in detail.

What counts as a release from prison?

The three-year clock starts on release from one of three places. The first is a Florida state prison run by the Department of Corrections or a private vendor. The second is a county jail, but only when the sentence pronounced for that offense was a prison sentence. The third is a prison in another state, the federal system, or a foreign country, after a sentence for an offense punishable by more than one year in Florida.

A county jail sentence by itself does not start the clock. Neither does probation alone. That distinction is the first thing our attorneys check, because a mislabeled prior sentence can defeat the designation entirely.

What sentence does a PRR designation require?

A PRR designation requires the judge to impose a fixed term set by the degree of the new felony, and the person must serve 100 percent of it. The statute bars parole, control release, gain time, and every other form of early release. A PRR defendant is also “not eligible for sentencing under the sentencing guidelines,” so the scoresheet and the usual tools for going below it drop out of the case.

Each PRR term matches the statutory maximum for that degree of felony. The judge can still go higher when another law allows it, such as a habitual felony offender sentence, so PRR sets a floor.

The designation is not rare. A February 2020 Florida Senate staff analysis of SB 1716, citing Department of Corrections data, reported 510 potentially eligible releasee reoffenders admitted to prison in fiscal year 2018-19. The same analysis counted 7,396 potentially eligible releasee reoffenders then in prison, including 3,579 serving 15-year terms and 1,750 serving life.

Because PRR removes guidelines sentencing, a downward departure is off the table once the State proves the designation. That is why the fight in a PRR case happens before the sentencing hearing.

Who decides whether PRR applies to your case?

The State Attorney decides whether to seek PRR sentencing, and the judge must impose it once the State proves the designation. In State v. Cotton, 769 So. 2d 345 (Fla. 2000), the Florida Supreme Court reviewed two PRR sentences and held that the Act does not violate the separation of powers because the prosecutor chooses whether to invoke it, while the trial court has no discretion to decline the sentence once qualification is proven.

The statute says the Legislature wants qualifying offenders punished “to the fullest extent of the law” unless the State Attorney finds extenuating circumstances that preclude just prosecution. One listed circumstance is whether the victim recommends against a PRR sentence. When a qualifying offender does not receive the mandatory sentence, the State Attorney must explain the deviation in writing and place it in the prosecution file. Under Cotton, the victim’s view is a factor for the prosecutor and not a veto.

In Hillsborough County, that decision belongs to the State Attorney’s Office for the 13th Judicial Circuit. Our Hillsborough County criminal defense attorney page explains how cases move through the courthouse.

How does the State prove you qualify as a PRR?

The State proves PRR status at sentencing, and the statute sets the standard as a preponderance of the evidence, decided by the judge. The key fact is the release date, and the usual proof is a Department of Corrections record.

In Yisrael v. State, 993 So. 2d 952 (Fla. 2008), the State offered a DOC release-date letter to prove when the defendant left prison. The Florida Supreme Court held that a release-date letter standing alone is inadmissible hearsay. The sentence survived only because a sealed DOC Crime and Time Report was attached, and the Court explained that such a report is admissible when authenticated by a signed, sealed records letter or by a certification that meets the business-records statute.

Does Erlinger mean a jury must decide PRR status?

Florida appellate courts have not decided whether a jury must find PRR facts, and the State has conceded in court that it must. That open question comes from Erlinger v. United States, 602 U.S. 821 (2024). On June 21, 2024, the U.S. Supreme Court held that a unanimous jury, not a judge, must decide beyond a reasonable doubt whether a federal defendant’s prior offenses occurred on separate occasions before the Armed Career Criminal Act’s mandatory minimum can apply.

Florida’s PRR statute lets a judge find the release date by a preponderance of the evidence. Professor Chad Flanders explains in The Impact of Erlinger v. United States on State Recidivist Sentencing Laws, 82 Wash. & Lee L. Rev. Online 456 (2025), that Erlinger may invalidate state laws letting judges decide timing facts about a defendant’s prior record.

What did the Florida Supreme Court do in Maye v. State?

In Maye v. State, 436 So. 3d 416 (Fla. 2026), a man serving a mandatory PRR life sentence for a 2002 robbery with a deadly weapon argued that the statute was unconstitutional because a judge, not a jury, made the PRR finding. The State conceded that the PRR statute is unconstitutional under Erlinger if the challenge were properly raised. The Court did not reach that question. It held that this kind of jury-finding claim cannot be brought in a rule 3.800(a) motion to correct an illegal sentence, because these errors are subject to harmless error review. Justice Labarga dissented and would have quashed the enhanced portion of the sentence and sent the case back for resentencing.

Why do Erlinger challenges to PRR keep losing?

Erlinger challenges to PRR keep losing because every Florida district court of appeal treats the missing jury finding as harmless when the record clearly shows the release date. In Walker v. State, No. 1D2025-1961 (Fla. 1st DCA July 22, 2026), a defendant sentenced as a PRR in 2016 argued that no jury found his release date. The First District affirmed because records showed he was released four months before the armed robbery, and it noted that cases from all six district courts apply harmless error analysis to this claim.

The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco, follows the same rule. In Flournoy v. State, 415 So. 3d 806 (Fla. 2d DCA 2025), a Pinellas County defendant challenged his PRR sentence for attempted arson. The State conceded that PRR findings must, at a defendant’s request, be made by a jury, yet the court found the error harmless because a certified DOC packet showed the release dates, the defense did not dispute them, and defense counsel conceded PRR qualification at sentencing. In Page v. State, No. 2D2023-1850 (Fla. 2d DCA Mar. 25, 2026), the court reached the same result where the defendant never objected to the State’s prior-record evidence.

The lesson is direct. A concession or a silent sentencing hearing turns a strong constitutional issue into harmless error. Our attorneys request a jury determination of PRR facts, object to defective release records, and refuse to concede qualification, so the record shows a genuine dispute.

Does Erlinger help if your sentence is already final?

Erlinger generally does not help a person whose sentence was already final when it was decided. In Wainwright v. State, 411 So. 3d 392 (Fla. 2025), a death-sentenced prisoner raised Erlinger in a successive postconviction motion, and the Florida Supreme Court held that Erlinger does not apply retroactively. Florida appellate courts have applied Wainwright to deny Erlinger relief on older sentences.

How does a PRR designation affect a plea offer?

A PRR notice gives the State enormous leverage, because the plea offer is measured against a mandatory sentence the judge cannot reduce. A defendant facing a 15-year PRR term on a second-degree felony is weighing any offer against 15 years served day for day, with no gain time.

The same statute that creates the leverage also creates room to negotiate. The State Attorney can decline to seek PRR, can agree to a plea to an offense that is not on the list, or can reduce the charge to a lower degree with a shorter PRR term. Any deviation must be explained in writing, so the defense has to give the prosecutor concrete reasons to write that memo: weak proof of the release date, evidentiary problems in the new case, mitigation, or a victim who does not want the mandatory sentence. Our post on how to decide whether to accept a plea bargain walks through how to weigh an offer like this.

How do our attorneys fight a PRR designation?

Our attorneys fight a PRR designation by attacking each element the State must prove and by building a record that survives harmless error review. The work follows a set order:

1. Audit the release. We obtain the DOC records and confirm the prior sentence was a prison sentence, not a county jail sentence, and that an out-of-state offense carried more than one year under Florida law.
2. Count the days. We measure from the exact release date to the offense date the State alleges, and we challenge an offense date the evidence does not support.
3. Test the offense. We check whether the new charge is on the statutory list, or whether the State is relying on the force-or-violence catch-all, which turns on the conviction.
4. Object to the proof. We hold the State to Yisrael and keep unauthenticated release letters out.
5. Demand a jury. We request a jury finding on PRR facts under Erlinger and preserve the issue so it is available on appeal.
6. Negotiate the waiver. We give the prosecutor documented reasons to decline PRR or to accept a plea outside the statute.
7. Try the underlying case. Beating the new charge, or winning a lesser offense that does not qualify, ends the PRR issue.

What should you do in the first days after a PRR notice?

The first days after a PRR notice decide how much of this defense is available. Do not discuss your release date or criminal history with anyone at the jail, because calls are recorded. Gather any release paperwork you or your family kept. Do not let anyone concede at a hearing that you qualify. If you were recently released and believe you are under investigation but have not been charged, our representation before charges are filed can begin before the State makes its charging decision.

For more about our defense strategies, visit our Violent Crimes 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

Can the State drop a PRR notice in Florida?

Yes, the State Attorney can choose not to pursue PRR sentencing, but for a qualifying offender the prosecutor must explain that deviation in writing. The Brancato Law Firm builds that written record for the prosecutor, using release-date problems, case weaknesses, and mitigation. Our Tampa violent crime defense team handles these negotiations in Hillsborough, Pinellas, and Pasco.

Does PRR apply if I was released from county jail instead of prison?

PRR applies after a county jail release only when the sentence pronounced for that offense was a prison sentence. Our attorneys at The Brancato Law Firm compare the judgment and sentence from the prior case against the DOC records to see which kind of sentence it was. A jail-only sentence does not start the three-year clock under section 775.082(9).

Can a judge give a downward departure on a PRR sentence?

No, a judge cannot depart below a PRR sentence once the State proves the designation, because a PRR defendant is not eligible for guidelines sentencing. That is why The Brancato Law Firm concentrates on the stages before sentencing, when the designation itself can still be challenged or negotiated away. Our downward departure guide explains when departures are available in non-PRR cases.

Does a PRR sentence earn gain time in Florida?

No, a PRR sentence earns no gain time, and the person must serve 100 percent of the term with no parole or early release. The Brancato Law Firm explains this to every client before a plea decision, because a PRR offer and a non-PRR offer with the same number of years can mean very different time in prison.

Does PRR apply to drug charges in Florida?

Drug possession and trafficking are not on the PRR list, so a drug charge alone does not trigger the designation. Our attorneys at The Brancato Law Firm check whether the State has paired a drug case with a qualifying offense, such as a robbery or aggravated assault. Our Tampa drug crimes attorney page covers the drug charges themselves.

Can I challenge an old PRR sentence under Erlinger?

Usually not, because the Florida Supreme Court held in Wainwright that Erlinger does not apply retroactively, and Maye bars the claim in a rule 3.800(a) illegal-sentence motion. The Brancato Law Firm reviews older PRR cases for other sentencing errors, such as an offense that never qualified, because those claims follow different rules. See Maye v. State for the Court’s reasoning.

Does battery on a police officer qualify for PRR in Florida?

Yes, battery on a law enforcement officer that results in bodily injury became a PRR offense when Chapter 2026-149 took effect on July 1, 2026. When a client faces this charge, The Brancato Law Firm looks first at the injury evidence and the offense date, since both control whether the new provision reaches the case.

Sentencing is the deadline that matters most in a PRR case, because an objection not made by then is usually treated as harmless on appeal. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before the next hearing, so our attorneys can pull your release records and challenge the designation while it can still be stopped.

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.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I am a member of the National College for DUI Defense, I taught at the police academy, and I have taken more than 150 jury trials to verdict — and DUI manslaughter is the case our attorneys treat as the most defensible serious charge in Florida, because it is built entirely on scientific evidence that can be tested, challenged, and suppressed.

How Does Florida Define DUI Manslaughter?

DUI manslaughter has three parts under section 316.193(3), Florida Statutes: the driver was under the influence (impaired normal faculties, or a blood- or breath-alcohol level of .08 or above); the driver operated a vehicle; and, by reason of that operation, the driver caused or contributed to causing the death of a human being or an unborn child.

Notice what is missing: intent. No one charged with DUI manslaughter meant to hurt anyone, and the law does not require that they did. Notice also what is not missing: causation.

The “contributes to” language means the State can convict even when the other driver shares fault — but it cannot convict on impairment alone. If the crash would have happened exactly the same way with a sober driver behind your wheel — the other car ran the red light, the pedestrian stepped out from between parked cars, the motorcycle crossed the center line — the death was not caused by reason of your operation, and our attorneys have built entire defenses on that distinction.

What Are the Penalties for DUI Manslaughter in Florida?

The 4-year mandatory minimum means exactly what it says: no matter how sympathetic the facts, a judge cannot go below four years in prison on a DUI manslaughter conviction. And the sentencing scoresheet usually demands far more — the death itself adds victim-injury points that typically put the lowest permissible sentence above ten years before a single aggravator is considered. That gap between the 4-year floor and the scoresheet’s number is one of the most important battlegrounds in these cases.

Beyond prison, a DUI manslaughter conviction carries permanent revocation of your driver license under section 322.28 — the court must impose it, and if the court doesn’t, the DHSMV will. The one door the Legislature left open: under section 322.271(4), a driver with no prior DUI-related convictions may petition for hardship reinstatement five years after the revocation or the end of incarceration, whichever is later — after proving five drug-free years, no unlicensed driving, and completion of DUI school, with an employment-restricted license for the first year.

How Does Sentencing Actually Work in a DUI Manslaughter Case?

Three different numbers control a DUI manslaughter sentence, and understanding the space between them is where defense work pays off:

The scoresheet is where many families are blindsided: they hear “4-year minimum” and expect a number near it, then learn the Criminal Punishment Code calculation demands more than a decade. But the scoresheet is not untouchable. Florida law recognizes grounds for a downward departure — and in these cases, the mitigation is often real: a defendant with no record, genuine remorse, cooperation, and a crash in which the victim’s own conduct played a role. Our attorneys build the sentencing case in parallel with the trial defense, because in a charge with a mandatory minimum, the plea negotiations are conducted in the shadow of both numbers.

A conviction also brings the DUI-specific consequences that follow any conviction under section 316.193 — among them mandatory probation conditions including a licensed DUI program and substance abuse treatment, community service, and vehicle impoundment rules — layered on top of the prison term and the permanent license revocation discussed above.

What Must the State Prove to Convict You?

Three elements, each beyond a reasonable doubt:

1. Impairment or unlawful alcohol level. Proven through the blood or breath test, officer observations, field sobriety exercises, and video. Every link in that chain — the stop, the draw, the lab, the analyst — is contestable.
2. Operation of a vehicle. Usually undisputed, but not always: in multi-occupant crashes and ejection cases, who was driving becomes the entire trial.
3. Causation. By reason of that operation, the driver caused or contributed to causing the death. This is where accident reconstruction lives — speed, angles, timing, right-of-way, and what the other vehicle was doing.

Can You Fight the Blood Test in a DUI Manslaughter Case?

September 2026 update: Yes — and the ground shifted on September 2, 2026. In State v. Marlin, No. 4D2025-1448 (Fla. 4th DCA Sept. 2, 2026), the Fourth District affirmed suppression of a forced blood draw in a fatal Turnpike crash, held that the natural dissipation of alcohol is never a per se exigency, and receded from the “probable cause” language in State v. Acevedo that prosecutors had been treating as an exception to the warrant requirement. Absent actual consent or case-specific exigent circumstances, a warrant is required — regardless of Florida’s implied consent law. Our full analysis is in can police take your blood without a warrant in Florida.

Yes — and in our firm’s experience the blood evidence is where DUI manslaughter cases most often crack. Florida’s appellate courts spent 2025 reminding trial judges how narrow the State’s authority to take blood really is. In State v. Marshall, No. 4D2024-1115 (Fla. 4th DCA Aug. 13, 2025), a driver’s blood was drawn twice at an accident scene, and the case turned on whether the draw was lawful — the appellate court sent it back because the trial court’s findings on consent and implied consent contradicted each other.

Marshall collects the rules that matter. A mandatory blood draw under section 316.1933 requires probable cause of two things at the roadside — that the driver was impaired and that the driver’s vehicle caused death or serious bodily injury. Implied consent applies only to blood taken based on probable cause of a qualifying DUI offense. And when the State claims the driver voluntarily consented, the State carries the burden of proving voluntariness under the totality of the circumstances — mere submission to authority is not consent.

The practical translation: in a case where everything flows from a number in a vial, the defense examines how that vial was filled. Was there probable cause of causation at the moment of the draw, or just a hunch? Was “consent” given by a person in shock, in handcuffs, or in an ambulance? Was the kit expired, the draw non-medical, the chain of custody clean? Our attorneys litigate these motions in Hillsborough County courtrooms, and a suppressed blood result changes everything that follows.

How Do We Defend DUI Manslaughter Charges?

By attacking each element with its own expert. On causation, we retain accident reconstruction experts to analyze the physics of the crash — because “impaired driver” plus “someone died” does not equal “the impairment caused the death,” and juries understand that distinction when it is shown to them with data. On impairment, we litigate the stop, the draw, and the lab: suppression of the blood result, rising-alcohol timelines, and the difference between the level at testing and the level at driving. On operation, where the facts allow it, we hold the State to its proof of who was behind the wheel. And on sentencing, we fight the scoresheet — victim-injury points, downward departure grounds, and the space between the statutory minimum and the State’s demand.

One more thing our attorneys do from day one: preserve the evidence that helps you. Vehicles get crushed, event data recorders get overwritten, and surveillance video gets deleted on retention schedules measured in days. A preservation demand in the first week is often worth more than any motion filed a year later.

What Is the Difference Between DUI Manslaughter and Vehicular Homicide?

They are alternative theories for the same tragedy, with different elements. DUI manslaughter requires impairment but not bad driving — a legally intoxicated driver who causes a fatal crash can be convicted even if the driving itself was unremarkable. Vehicular homicide (§ 782.071) requires reckless driving but no impairment. Prosecutors often charge both from one crash; a defendant cannot be convicted of both for the same death, and the interplay between the two counts is itself a defense opportunity — each theory concedes the weakness of the other.

What Should You Do If You Are Under Investigation for DUI Manslaughter?

Retain counsel immediately — before the charging decision, not after. DUI manslaughter charges are often filed weeks or months after the crash, while the traffic homicide investigator waits for toxicology and reconstructs the scene. That window is when the defense can still inspect the vehicles, download the event data recorders, photograph the roadway, and demand preservation of every recording. It is also when statements do the most damage: what you tell the traffic homicide investigator — even a polite explanation at the hospital — becomes evidence. Our attorneys step in during the investigation, handle all law-enforcement contact, and put our own experts on the physical evidence before it disappears.

For a case study on how blood alcohol timing can win a DUI manslaughter case, read what retrograde extrapolation is in a Florida DUI case.

Frequently Asked Questions About DUI Manslaughter in Florida

What is the mandatory minimum sentence for DUI manslaughter in Florida?

Four years in prison — a judge cannot sentence below it on a conviction, no matter the circumstances. The realistic exposure is higher: the maximum is 15 years (30 for the first-degree versions), and the sentencing scoresheet’s victim-injury points usually put the lowest permissible sentence well above the 4-year floor. Our attorneys fight both numbers — the conviction itself and the scoresheet math.

Can DUI manslaughter charges be reduced or dismissed?

Yes, when an element fails. A suppressed blood test can gut the impairment element; reconstruction evidence can break causation; and either can drive a reduction to DUI, reckless driving, or another lesser offense. The Brancato Law Firm, P.A. builds these cases around independent expert work from the first week, because that is when the evidence that wins them still exists.

Will I lose my license permanently?

A DUI manslaughter conviction requires permanent revocation — but permanent does not always mean forever. If you have no prior DUI-related convictions, section 322.271(4) lets you petition for hardship reinstatement five years after the revocation or your release from prison, whichever is later, after DUI school and five clean years. Our attorneys plan for that petition as part of the case, not as an afterthought.

What if the other driver caused the crash?

Then causation — an element the State must prove beyond a reasonable doubt — is in play. The statute’s “causes or contributes to causing” language tolerates shared fault, but it still requires that your operation contributed to the death; if the crash would have happened the same way with a sober driver in your seat, that element fails. This is precisely what accident reconstruction experts are for, and it is the first thing our firm evaluates.

Can the police take my blood without my consent?

Only within narrow limits. A mandatory draw under section 316.1933 requires probable cause at the scene that you were impaired and that your vehicle caused death or serious bodily injury; anything less requires a warrant or genuinely voluntary consent, which the State must prove — submission to an officer’s authority is not consent. As the Fourth District’s 2025 decision in State v. Marshall shows, courts scrutinize these draws closely, and a bad draw means a suppression motion.

Does Trenton’s Law apply to DUI manslaughter?

Yes. A DUI manslaughter conviction is a first-degree felony — a 30-year maximum — if you have a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. Whether a prior actually qualifies is a legal question worth litigating, and The Brancato Law Firm, P.A. scrutinizes every alleged qualifying prior. Call (813) 727-7159 for a free, confidential review of your case.

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

Related reading: What Is DUI in Florida? · What Is Vehicular Homicide in Florida? · What Is Breathalyzer Refusal in Florida? · What Is Leaving the Scene of an Accident in Florida? · What Happens After a DUI Arrest in Hillsborough County?

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

The Evidence That Wins These Cases Disappears First

If you or a loved one is facing a DUI manslaughter investigation or charge in Hillsborough, Pinellas, or Pasco County, the blood evidence, the vehicles, and the electronic data are being processed right now — and the State’s version of events hardens a little more every week you wait. Call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 before you give any statement. The mandatory minimum is four years; the case deserves your best defense from day one.

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.

At The Brancato Law Firm in Tampa, drug trafficking is one of the case types we regularly defend across Hillsborough, Pinellas, and Pasco Counties, drawing on more than 25 years of criminal defense experience. These cases turn on details most people never think to question: how a scale was calibrated, whether an officer had a lawful reason to prolong a traffic stop, whether moisture or packaging inflated a weight reading near a tier line. This guide explains what you are facing, where the leverage in these cases actually sits, and why the charge is not the foregone conclusion it can feel like the day after an arrest.

Why fentanyl trafficking is not the same as drug possession

Most people assume “trafficking” means selling drugs. In Florida, it does not. Fentanyl trafficking is a weight-based charge. Under Florida Statute § 893.135(1)(c)4, you can be charged with “trafficking in dangerous fentanyl or fentanyl analogues” simply for being in actual or constructive possession of 4 grams or more. The State never has to prove you intended to sell anything. Possession of the threshold weight alone is enough.

This catches a lot of people off guard. Someone holding what they believed was a small personal amount, or a handful of counterfeit pills, can face the same charge as a dealer.

The reason the math works against defendants is the mixture rule. Florida weighs the entire mixture, not the pure fentanyl inside it. Counterfeit “oxycodone” or “Xanax” pills, cutting agents, and fillers all count toward the 4-gram line. Because fentanyl is so potent, the National Institute on Drug Abuse describes it as 50 to 100 times stronger than morphine, the actual fentanyl in a seizure may be a tiny fraction of the total weight. A few counterfeit pills can weigh more than 4 grams even when the drug content is minimal. For a broader picture of how Florida’s trafficking thresholds work across substances, see our overview of drug trafficking in Florida.

Florida’s real fentanyl trafficking mandatory minimums

Here is where bad information online does real damage. Many websites, including some law firm blogs, list the fentanyl mandatory minimums as 3, 15, and 25 years. Those numbers are wrong for fentanyl. They belong to the separate “trafficking in illegal drugs” tier that covers heroin, morphine, and opium. Florida punishes fentanyl more harshly than heroin, and the fentanyl-specific numbers are higher.

These are the actual mandatory minimum sentences for fentanyl trafficking under the current statute:

To see how far apart the two tiers really are, compare fentanyl to the heroin and opium tier at the same weights:

At the lowest tier, the same weight of fentanyl carries more than double the mandatory prison time of heroin. If you have been working off the 3-year figure, you have been planning around a sentence that does not apply to your charge. Get the right number before you make any decision about how to proceed.

A judge cannot reduce a mandatory minimum

This is the part that makes these cases different from most drug charges. Once a fentanyl trafficking conviction attaches, the mandatory minimum is exactly that: mandatory. A judge cannot go below it, no matter how sympathetic your circumstances are, how clean your record is, or how clearly the punishment outweighs the conduct. There is no parole and no discretionary early release below the floor.

There is one statutory path beneath the mandatory minimum, and you do not control it. Only the prosecutor can file a “substantial assistance” motion, which asks the court to reduce or suspend the sentence in exchange for cooperation against other people in the drug supply chain. We will come back to why cooperation should rarely be the first move.

The practical takeaway: because no judge can save you after a conviction, the entire defense has to focus on preventing the conviction that triggers the mandatory term in the first place. That work happens early.

The defenses that actually move fentanyl cases

Not all defenses carry equal weight. Online listicles tend to dump every conceivable defense into a bullet list without explaining which ones actually decide cases. In our experience, the leverage in fentanyl trafficking cases sits in three places, roughly in this order.

Challenge the stop and the search

Most fentanyl cases begin with a traffic stop, a vehicle search, a home raid, or a phone search. If the drugs are the case, and they usually are, then getting the drugs thrown out usually ends the prosecution. A motion to suppress argues that officers violated the Fourth Amendment, for example by stopping a car without a lawful reason, searching without probable cause or a valid warrant, or holding a driver longer than the stop justified while waiting for a drug dog.

When a suppression motion succeeds, the drugs are excluded, and so is anything police found because of the illegal search. This is the single highest-leverage move in most trafficking cases, which is why securing the evidence to support it, body-camera footage, dispatch logs, and the timeline of the stop, has to happen before that material disappears.

Challenge whether the drugs were knowingly yours

This is often the strongest defense of all, and it speaks directly to the person thinking “they weren’t even mine.” When drugs are found in a place more than one person uses, a shared car, a house with several residents, a hotel room, the State cannot convict you just because you were nearby. The law calls this constructive possession, and proximity alone does not satisfy it.

To prove constructive possession, the State has to show two things: that you knew the drugs were there, and that you had the ability to control them. In a jointly occupied space, prosecutors need independent evidence tying you specifically to the drugs, such as your fingerprints or DNA on the packaging, incriminating statements, or messages on your phone. Without that, the case is vulnerable. Florida’s standard jury instructions are explicit that when possession is not exclusive, a jury may not simply assume you knew the drugs were present.

Challenge the lab analysis, weight, and chain of custody

Because the charge is built on weight, and because a fraction of a gram can move you across a tier line, the forensic evidence deserves scrutiny that public defender caseloads often do not allow. A focused defense asks whether the substance was actually fentanyl, whether the scale was properly calibrated, whether packaging or moisture inflated the weight, and whether the chain of custody from the scene to the lab to the courtroom is intact and documented.

This is where weight challenges become decisive. If independent re-testing brings the verified weight below 4 grams, the entire charge changes character:

Moving from one row to the other can be the difference between years in prison and probation. Near a tier line, challenging the science can decide the entire case. This kind of work, including independent re-testing and cross-examining the State’s analysts, is the core of forensic-driven criminal defense.

Why substantial assistance is a risky last resort

Because substantial assistance is the only door beneath the mandatory minimum, it can look tempting early. It usually should not be the first move. Cooperation is formalized in a written contract that requires the defendant to help identify, arrest, or convict other people, and only the prosecutor can ask the court to honor it. The risk is real: if the agreed cooperation falls through for any reason, the full mandatory minimum still applies.

The better goal is to defeat the conviction that triggers the mandatory term, through suppression, possession challenges, and forensic challenges, and to treat cooperation as a carefully negotiated last resort rather than a reflex. Talking your way into a cooperation deal before anyone has tested the search and the science can trade away leverage you did not know you had.

The charges that can make a fentanyl case much worse

Some fentanyl cases do not stay drug cases. A few specific escalations change the strategy entirely, and you need to know whether any of them is on the table.

• Drug-induced murder. Under Florida Statute § 782.04, distributing fentanyl that is found to be the cause of someone’s death can be charged as first-degree murder, which is a capital offense. When a death is alleged, causation becomes the central battleground, and the case requires counsel qualified to handle the most serious charges Florida brings. These cases overlap with homicide defense, not ordinary drug defense.
• Candy-like fentanyl sold to a minor. A 2023 law created a 25-years-to-life mandatory term and a $1,000,000 fine for an adult who sells or delivers 4 grams or more of fentanyl to a minor when the product resembles candy, a gummy, cereal, a vitamin, or carries cartoon or brand imagery.
• Federal adoption. Large quantities or conduct crossing state lines can be picked up by federal prosecutors, where the penalty structure and procedures differ and there is no parole.

If any of these factors is present in your case, the early decisions matter even more, because the exposure is no longer measured in years. It can be measured in decades or life.

Why your choice of attorney matters more in trafficking cases

Fentanyl trafficking cases are among the hardest drug cases to defend, precisely because the mandatory minimums hand prosecutors leverage to push for guilty pleas. The difference between a probation-eligible possession charge and a 7-year mandatory floor can come down to a fraction of a gram, the calibration of a scale, or whether a single search was lawful. Cases that turn on details that fine reward attorneys who have the time and resources to chase them.

Public defenders in Florida are often capable trial lawyers, but they carry very heavy caseloads. In a forensic-heavy trafficking case, the work that wins, securing body-cam footage and dispatch records before they are overwritten, retaining an independent lab to re-test identity and weight, building a suppression motion on a tight factual timeline, takes dedicated hours that a crushing caseload does not always allow. Evidence degrades. Footage gets purged on retention schedules. The window to lock down the facts is narrow.

This is the work our firm is built around. The Brancato Law Firm approaches every serious case as if it is going to trial, which is the posture that makes prosecutors take a defense seriously in the first place. Our founder, Rocky Brancato, served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where he oversaw a staff of over 100 attorneys and worked in a specialized major crimes unit. He understands how these cases are charged, prosecuted, and resolved because he operated at the leadership level of the system itself. He is also death-qualified, certified under Rules of the Florida Supreme Court to serve as lead counsel in capital cases, a credential that matters when a fentanyl case escalates toward a death allegation. Every defense at the firm is built under his oversight and to his standards, regardless of which of our attorneys handles the day-to-day work.

We have seen the highest-leverage moves pay off in real drug cases. In one matter, a fentanyl trafficking charge was dismissed within three weeks after we challenged the legality of the vehicle search and the client’s pretrial detention. In a cocaine trafficking case involving 200 to 400 grams, we secured a not-guilty verdict by demonstrating that a co-defendant was the actual trafficker. In another, a trafficking charge was reduced to a diversion program after a motion to suppress exposed weaknesses in the State’s case. Each case is unique. Past results do not guarantee future outcomes.

What to do in the first 48 hours

The decisions that shape a fentanyl case are made early, often before the first court date. If you or a family member has been arrested or learns of an investigation, focus on three things.

• Say nothing and ask for a lawyer. Statements made during or after an arrest are among the most damaging evidence in trafficking cases, and you cannot take them back. Politely state that you want an attorney, then stay silent.
• Do not consent to searches. You are not required to consent to a search of your car, phone, or home. Consent can hand the State the evidence a suppression motion would otherwise challenge.
• Retain experienced trial counsel before the first court date. Early involvement preserves body-cam footage, dispatch logs, and chain-of-custody records while they still exist, and in some situations it can keep charges from being filed at all.

These are not minor procedural steps. In a case where weight, the legality of a search, and the question of knowing possession decide everything, the evidence to fight on all three fronts is most available in the first days.

Frequently asked questions

Is fentanyl trafficking a felony in Florida?

Yes. Fentanyl trafficking is a first-degree felony under Florida Statute § 893.135(1)(c)4, punishable by up to 30 years in prison along with a mandatory minimum sentence and a mandatory fine that scale with weight.

Can you get probation for fentanyl trafficking in Florida?

Not on the trafficking charge itself, because it carries a mandatory minimum a judge cannot waive. Probation becomes possible only if the charge is reduced, for example if the verified weight is challenged below 4 grams and the case becomes simple possession, or if the prosecutor files a substantial assistance motion.

What is the minimum sentence for fentanyl trafficking in Florida?

The mandatory minimum is 7 years for 4 to less than 14 grams, 20 years for 14 to less than 28 grams, and 25 years for 28 grams or more. Those are the lowest sentences the law allows, and the statutory maximum is 30 years.

Does the State have to prove I intended to sell the fentanyl?

No. Intent to sell is not an element of fentanyl trafficking in Florida. Knowing possession of 4 grams or more is enough to support the charge, which is why personal-use quantities of counterfeit pills can trigger it.

Can the charge be dropped if the drugs were not mine?

It can be challenged. When drugs are found in a shared car, home, or hotel room, the State must prove you knew the drugs were there and had the ability to control them. Proximity alone is not enough, and constructive possession is one of the most effective defenses in these cases.

Talk to a Tampa drug trafficking defense attorney

A fentanyl trafficking charge moves fast, and the evidence that can defend it does not wait. The Brancato Law Firm defends drug trafficking cases across Hillsborough, Pinellas, and Pasco Counties, with senior trial counsel setting the standard on every case. If you or someone you love is facing a fentanyl charge, call us at (813) 727-7159 for a free, confidential consultation, or reach us through our contact page. The sooner we can start preserving evidence and examining the search, the weight, and the question of possession, the more options you have.

If a prosecutor or deputy mentioned 10-20-Life in connection with your case or your family member’s case, you are looking at one of the harshest sentencing structures in Florida law. This article explains how the statute actually works, which felonies trigger it, how the 2014 and 2016 reforms changed the picture, how the law interacts with self-defense and Stand Your Ground, and the strategies that move a case off the mandatory floor.

What Is Florida’s 10-20-Life Law?

Florida’s 10-20-Life law is the popular name for Florida Statute § 775.087, titled “Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.” It took effect on July 1, 1999 under the slogan “Use a gun, and you’re done,” and was the centerpiece of then-Governor Jeb Bush’s anti-violent-crime agenda.

The statute does two things that defendants and their families need to understand separately:

• Felony reclassification (subsection 1). When a weapon or firearm is used during the commission of any felony where the weapon is not already an essential element, the statute “bumps up” the charge by one degree. A third-degree felony becomes a second-degree felony. A second-degree becomes a first-degree. A first-degree becomes a life felony.
• Mandatory minimum sentences (subsections 2 and 3). When a firearm or destructive device is used during one of the enumerated qualifying felonies, the court must impose 10, 15, 20, or 25-years-to-life depending on what was done with the firearm and what kind of firearm it was.

The companion provision at Florida Statute § 27.366 makes the legislative intent explicit: the Legislature wanted “zero tolerance” for firearm use in the listed felonies, and it instructed prosecutors to apply the mandatory minimums except in cases where the firearm was “incidental” rather than used in furtherance of the crime.

A few features make 10-20-Life unusually harsh compared to ordinary Florida sentencing:

• The minimum mandatory must run consecutively to any other sentence in the case.
• The defendant is statutorily ineligible for gain time, parole, or any form of discretionary early release.
• The mandatory minimum applies even if it exceeds the statutory maximum for the underlying felony.
• A judge cannot sentence below the floor, regardless of mitigating factors. Only the prosecutor can waive it.

Florida abolished parole decades ago, so most prison sentences are served at 85 percent. A 10-20-Life sentence is served at 100 percent, day for day.

The Three Mandatory Minimum Tiers

The basic structure of § 775.087(2) breaks the mandatory minimum into three tiers based on what the defendant did with the firearm during a qualifying felony.

There is also an enhanced tier under § 775.087(3) for semiautomatic firearms with high-capacity detachable box magazines or machine guns: 15 years for possession, 20 years for discharge, and 25 years to life if the discharge causes injury or death.

A reduced 3-year tier exists within § 775.087(2)(a)1. It applies in place of the 10-year minimum for possession of a firearm by a felon, burglary of a conveyance, and (for offenses occurring before July 1, 2016) aggravated assault.

A few practical points that often get missed:

• Possession alone is enough. You do not have to fire the gun, point it at someone, or even say anything threatening. Carrying it during the commission of a qualifying felony triggers the 10-year minimum.
• “Displaying” is broad. Showing the firearm during the felony qualifies, even briefly.
• Each count is separate. If multiple people are present during the qualifying felony, the State can file separate counts and stack the mandatory minimums consecutively. The Marissa Alexander case, discussed below, exposed how a single act of firing a single shot was charged as three separate counts, exposing her to a 60-year stack.

Which Felonies Trigger 10-20-Life?

The mandatory minimums only apply when a firearm is used during one of the enumerated felonies in § 775.087(2)(a)1. The current list, after the 2016 reform that removed aggravated assault, includes:

• Murder
• Sexual battery
• Robbery
• Burglary
• Arson
• Aggravated battery
• Kidnapping
• Escape
• Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance
• Aircraft piracy
• Aggravated child abuse
• Aggravated abuse of an elderly person or disabled adult
• Unlawful throwing, placing, or discharging of a destructive device or bomb
• Carjacking
• Home-invasion robbery
• Aggravated stalking
• Trafficking in cannabis, cocaine, illegal drugs, phencyclidine, methaqualone, or amphetamine under § 893.135
• Possession of a firearm by a felon (lower 3-year tier)

Charges that are not on this list, including standalone aggravated assault for any offense after July 1, 2016, do not trigger the 10-20-Life mandatory minimums. They may still carry serious penalties under other Florida statutes, but the day-for-day mandatory floor of § 775.087 does not attach.

This list is the single most important diagnostic tool when 10-20-Life is mentioned in a case. If the charged felony is on the list and a firearm was involved, the exposure is real. If the felony is not on the list, the charging document needs careful reading to determine what the prosecutor is actually relying on.

What Changed in 2014 and 2016

For roughly the first 15 years of the law, Florida courts had no statutory off-ramp for self-defense cases that swept up sympathetic defendants. That changed after a series of high-profile cases, most notably the Marissa Alexander case in Jacksonville, exposed how the statute was being applied to people who had fired warning shots in self-defense without injuring anyone.

The 2014 and 2016 reforms are frequently confused with each other in popular summaries. They are different statutes with different effects.

HB 89 (2014), the “Threatened Use of Force Act.” Signed by Governor Rick Scott in June 2014, this bill added a self-defense exception at § 775.087(6) that allowed a court to depart from the aggravated assault mandatory minimum if it made four findings on the record: that the defendant had a good-faith belief the assault was justifiable under Chapter 776, that the assault was not committed during another criminal offense, that the defendant did not pose a threat to public safety, and that the totality of the circumstances did not justify the mandatory sentence. HB 89 also extended Florida’s Stand Your Ground framework to threatened use of force, including warning shots. The 2014 law applied retroactively, allowing then-incarcerated prisoners to seek clemency review.

SB 228 (2016). Signed in February 2016 and effective July 1, 2016, this bill removed aggravated assault entirely from the list of qualifying felonies in § 775.087(2)(a)1. The 10, 15, 20, and 25-to-life mandatory minimums no longer apply to standalone aggravated assault charges in Florida. The 2014 self-defense carve-out at § 775.087(6) became largely moot once aggravated assault was removed from the list.

The most important caveat: SB 228 was not retroactive. People sentenced under 10-20-Life for aggravated assault before July 1, 2016 are still serving those sentences. As Families Against Mandatory Minimums noted at the time of the bill’s signing, the 2016 law was the first time Florida had repealed a mandatory minimum sentence in more than 20 years, but the change did not benefit people already serving 10-20-Life sentences for aggravated-assault-with-a-firearm convictions.

If you or a family member is facing standalone aggravated assault in Florida today, 10-20-Life is no longer in play for that charge. If you are dealing with a pre-2016 conviction, the path forward is clemency or post-conviction relief, not the statute itself. Read more about aggravated assault charges in Florida to understand current sentencing exposure.

How 10-20-Life Interacts With Stand Your Ground

Florida’s Stand Your Ground framework under §§ 776.012, 776.013, and 776.032 provides immunity from criminal prosecution if the defendant reasonably believed the use or threatened use of force was necessary to prevent imminent death or great bodily harm. The 2014 expansion confirmed that Stand Your Ground covers the threatened use of force, including displaying a firearm or firing a warning shot.

The interaction with 10-20-Life is straightforward and brutal. Stand Your Ground, if successfully invoked at a pretrial immunity hearing, is a complete defense. The case ends. There is no conviction, and 10-20-Life never attaches. If the immunity motion is denied or never filed, the case proceeds, the jury can still reject the self-defense theory at trial, and 10-20-Life can apply to whatever qualifying felony the jury convicts on.

What this means in practice:

• The Stand Your Ground hearing is decided on a preponderance of the evidence, which is a much lower standard than reasonable doubt. A defendant who can establish self-defense more likely than not at the immunity hearing is immune from prosecution.
• A failed immunity motion still preserves self-defense at trial. The same evidence can be presented to the jury, where the burden flips to the State to disprove self-defense beyond a reasonable doubt.
• Strategic timing matters. Filing the immunity motion before discovery is complete can lock in a weaker record. Filing late can cost leverage. The decision is case-specific.

The Marissa Alexander, Orville Lee Wollard, and Erik Weyant cases that drove the 2014 and 2016 reforms all involved defendants who believed they had viable self-defense arguments, lost their pretrial immunity motions or never had them properly evaluated, went to trial, and got hit with the 20-year mandatory minimum. Stand Your Ground is a critical motion that has to be litigated carefully from the earliest stages of the case.

Why the Mandatory Minimum Is the Floor, Not the Ceiling

This is the single most misunderstood feature of 10-20-Life. The statute sets the minimum sentence the court must impose. It does not cap the sentence.

A few examples of how this plays out:

• Multiple counts stack consecutively. As the Florida appellate court confirmed in the Marissa Alexander case, when a single act of firearm use endangers multiple people, the State can charge separate counts of a qualifying felony, and each count carries its own mandatory minimum that must run consecutively. One trigger pull, three people in the room, three 20-year minimums equals a 60-year exposure.
• Discharge causing death triggers 25 to life. The top tier ranges from a hard 25-year minimum all the way to life. A jury convicting on the underlying felony plus the discharge-with-death finding does not cap the sentence at 25.
• The mandatory must be served before any other sentence in the case. It runs consecutively to anything else.

According to a Florida Department of Corrections analysis of the law’s first six years, reproduced at Encyclopedia.com, 154 felons whose longest 10-20-Life mandatory was 10 years still received total sentences of life in prison. More than 45 percent of felons who injured or killed a victim with a firearm (the 25-year-to-life tier) received life sentences.

The 10-year tier is where the sentence begins. Where it ends depends on the underlying felony, the State’s charging decisions, and the judge’s discretion above the floor.

How Prosecutors Use 10-20-Life as Leverage

Because only the prosecutor can waive the mandatory minimum, and because the gap between a plea offer and a trial conviction can be enormous, 10-20-Life creates extraordinary plea pressure on defendants. Florida law (§ 27.366) requires a prosecutor who declines to apply the mandatory minimum in a qualifying case to file a written explanation in the case file. That requirement was designed to encourage application of the statute.

A typical leverage dynamic looks like this. The defendant is charged with a qualifying felony with a firearm enhancement. The State opens with a plea offer that may be 3, 5, or 7 years, depending on the facts. The trial exposure, if convicted, is the mandatory minimum on top of the underlying felony, often 20 years, served day for day. The defendant who believes they are innocent or has a viable defense faces a stark choice: take the plea, or risk the trial penalty.

The cases that drove the 2014 and 2016 reforms, including Orville Lee Wollard’s 20-year sentence for firing a warning shot in his own home, all featured defendants who turned down low pleas in good-faith reliance on self-defense arguments and got hit with the full mandatory at trial.

This is why early attorney involvement matters more on a 10-20-Life case than almost any other charge. The negotiating window is real, and it closes quickly. The decisions made in the first few weeks, including whether to talk to police, whether to file pre-file advocacy with the State Attorney’s Office, what to lock into the bond record, and how to position the case for a Stand Your Ground motion, often determine whether the case ends in dismissal, in a plea below the mandatory, or at the floor.

Defense Strategies Against 10-20-Life Charges

A defense attorney’s job on a 10-20-Life case is to defeat the underlying felony, defeat the firearm enhancement, or negotiate the case to a non-qualifying offense before sentencing exposure attaches. Arguing the mandatory minimum at sentencing comes too late. By that point, the fight is over.

The strategies that move 10-20-Life cases off the mandatory floor fall into a few categories.

Self-defense and Stand Your Ground. A successful pretrial immunity motion ends the case before sentencing exposure attaches. The motion is decided on a preponderance of the evidence and requires careful preservation of the factual record from the earliest stages of the case.

Challenging “actual possession.” The 10-year and higher tiers require actual possession. Florida case law defines actual possession narrowly: the firearm must be in the defendant’s hand or on the person, in a container being carried, or so close as to be within ready reach and under the defendant’s control. A firearm found in a vehicle accessible to multiple occupants, or in a shared residence, is generally constructive possession, which can defeat the 10-year minimum even if the defendant is convicted of a lesser firearm offense.

Challenging discharge or great-bodily-harm findings. The 20-year and 25-to-life tiers require the State to prove the firearm was discharged, and for the top tier, that the discharge caused death or great bodily harm. Forensic, ballistic, and medical-causation challenges can collapse the higher tiers and drop the case down to the 10-year possession floor or below.

Suppression of evidence. Because possession of the firearm is the gateway to the enhancement, motions to suppress under the Fourth Amendment, challenging the legality of the stop, the search, the warrant, or the chain of custody, can eliminate the firearm from evidence and collapse the entire enhancement.

Mistaken identity. Many shooting cases turn on eyewitness identification, which is a known source of wrongful conviction. Pretrial motions to suppress unreliable identifications, expert testimony on eyewitness reliability, and alibi evidence are standard tools.

Charge bargaining to a non-qualifying offense. Because only the prosecutor can waive the mandatory, the most direct path off the floor is often a negotiated plea to a non-enumerated felony or a reduced firearm-display charge under § 790.10. Post-2016 aggravated assault is no longer on the qualifying list, which has given defense attorneys more room to negotiate in cases that previously had none.

Youthful offender designation. A defendant who is 20 or younger at sentencing may qualify for sentencing as a Youthful Offender under Florida Statute § 958.04, which caps incarceration and supervision at six years and allows a judge to override the 10-20-Life minimum. This requires judicial discretion to invoke, and the threshold question is eligibility.

The right strategy in any individual case depends on the specific facts, the charging decisions of the State Attorney, and Florida case law that has developed under § 775.087. There is no template. There are only options, and the value of an experienced criminal defense attorney is in knowing which combination of options actually fits the case.

Why Early Attorney Involvement Is Non-Negotiable

The 10-20-Life cases that resolve well almost always share one feature: the defense was active before charges were filed, before the bond hearing locked in the wrong record, and before the defendant said anything to police that closed off later options.

At The Brancato Law Firm, our gun and weapons crimes practice is built around the reality that the negotiating window on these cases is short and the stakes are permanent. Rocky Brancato served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, leading the largest criminal defense operation in Tampa Bay. That system-level knowledge of how charging decisions are made, where prosecutors have flexibility, and where they do not, informs every 10-20-Life case the firm handles. Rocky has tried more than 150 jury trials to verdict and is death-qualified under Rules of the Florida Supreme Court, a credential that reflects the rigorous standards required for the most serious criminal matters.

The pre-file window, the suppression motion, the Stand Your Ground motion, and the charge-bargaining conversation all happen on a clock. The defendant who hires counsel after the State has filed a 20-year exposure is fighting from behind. The defendant who hires counsel in the days after arrest, before the State has committed to a charging theory, has options that close the longer they wait.

For more, see our post on aggravated battery with a firearm.

Frequently Asked Questions About 10-20-Life

Does 10-20-Life apply to every gun crime in Florida?

No. 10-20-Life only applies when a firearm is used during one of the enumerated felonies in § 775.087(2)(a)1. Possession of a firearm without a connection to a qualifying felony, improper exhibition under § 790.10, and standalone aggravated assault for offenses after July 1, 2016 are not 10-20-Life cases.

Can a judge sentence me below the 10-20-Life mandatory?

Generally no. With limited exceptions for youthful offender designation under § 958.04, judges have no discretion to sentence below the mandatory minimum. Only the prosecutor can waive it.

What does “actual possession” mean for 10-20-Life?

Actual possession under Florida law means the firearm is in your hand, on your person, in a container you are carrying, or within your immediate ready reach and control. A firearm found in a shared vehicle or shared residence is generally constructive possession, which can defeat the 10-year mandatory minimum even on a conviction for a lesser firearm offense.

Is the 2016 aggravated assault reform retroactive?

No. SB 228 (2016) removed aggravated assault from the list of 10-20-Life qualifying felonies effective July 1, 2016, but the change does not apply to people already sentenced under the prior law. The 2014 self-defense exception under HB 89 was retroactive, but the 2016 repeal was not.

Can Stand Your Ground get a 10-20-Life case dismissed?

Yes, if the immunity motion succeeds. A successful pretrial Stand Your Ground motion under § 776.032 ends the prosecution before any sentencing exposure attaches. The motion is decided on a preponderance of the evidence and requires preservation of the factual record from the earliest stages of the case.

Will I serve 100 percent of a 10-20-Life sentence?

Yes. People sentenced under 10-20-Life are statutorily ineligible for gain time, parole, or any form of discretionary early release. The minimum is served day for day, and it runs consecutively to any other sentence in the case.

Talk to a Criminal Defense Attorney About Your 10-20-Life Exposure

If you or a family member is facing a felony charge in Hillsborough, Pinellas, or Pasco County and a firearm is involved, the time to act is now, before the State commits to a charging theory. The Brancato Law Firm offers free, confidential consultations and is available 24/7 for arrest emergencies. Call (813) 727-7159 to talk through your case with an experienced criminal defense attorney.

Each case is unique. Past results do not guarantee future outcomes.