If you were arrested for DUI or another criminal traffic offense in Tampa, the date on your citation may matter more than the date the State files its paperwork. Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, is a member of the National College for DUI Defense and a former COO of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys. Our attorneys track every speedy trial date from the first day of the case, because a missed deadline is one of the few defenses the State creates on its own.

What is Florida’s speedy trial rule?

Florida’s speedy trial rule is Florida Rule of Criminal Procedure 3.191, a court rule that sets deadlines for bringing a criminal case to trial. It works separately from the constitutional right to a speedy trial, and it gives defendants a procedure for enforcing those deadlines. Rule 3.191 applies to misdemeanors and felonies, including criminal traffic offenses such as DUI, driving while license suspended, and reckless driving.

The rule has two tracks. Without any action by the defense, the State must bring the case to trial within a fixed period. With a written demand, the defense can shorten that period. The table below shows the deadlines in the current rule.

When does the speedy trial clock start after the 2025 rule change?

Since July 1, 2025, the speedy trial clock in Florida starts when the person is formally charged, not when the person is arrested. The Florida Supreme Court made that change in In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), a rules case in which the Court rewrote the speedy trial rule on its own motion. Under the amended rule, a person is formally charged by information, by indictment, or, for misdemeanors, by “whatever documents constitute a formal charge.”

The 2025 amendment made four main changes. The clock now starts at formal charge. The State’s recapture period grew from 10 days to 30 days and became mandatory in every case. A discharge under the rule is now without prejudice, which means the State can refile, unless the court finds a violation of the constitutional speedy trial right. The deadline for trial after a demand was extended from 50 to 60 days.

The Court had moved in this direction before. In Davis v. State, 286 So. 3d 170 (Fla. 2019), a man was detained and questioned about a crime but not formally arrested until later, and the Court held the detention did not start the speedy trial clock. Justice Labarga dissented from the 2025 amendment, writing that it would “further relax” the rule and leave people under long investigations in “procedural limbo.”

The 2025 amendment also changed Florida Rule of Criminal Procedure 3.134, which limits how long a person can wait for formal charges. Those deadlines now act as the outer guardrail before the speedy trial clock begins.

Does a later charge from the same arrest get its own speedy trial clock?

It depends on whether the later charge comes from the same criminal episode. Rule 3.191(o) bars the State from avoiding a speedy trial deadline by dropping a charge and filing “new and different charges based on the same conduct or criminal episode,” and that language survived the 2025 amendment. A separate crime gets its own clock, even when police found the evidence during the same arrest.

The Second District Court of Appeal, which hears appeals from Hillsborough County, applied that rule in State v. Muhammad, No. 2D2025-0756 (Fla. 2d DCA Nov. 6, 2026), a Hillsborough County drug case. During an April 2024 traffic stop, a detective saw a bottle and a cup of purple liquid in the center console, and a search turned up fentanyl and cocaine hidden in a sock under the hood. Muhammad was arrested that day for the hidden drugs, and the State dropped those charges a few weeks later. The lab took more than seven months to analyze the liquid, and in January 2025 the State charged him with trafficking in hydrocodone. The trial court discharged him under the speedy trial rule, finding that both charges came from one episode. The Second District reversed.

The court held that keeping the liquid within reach to drink and hiding the other drugs under the hood for transport were separate criminal acts, so the clock on the trafficking charge did not start until the January 2025 arrest. The opinion makes four points a defendant should know:

1. The test looks at what the defendant did, not at how the police happened to find the evidence.
2. Crimes discovered at the same time are not automatically one criminal episode. The conduct must be the same, not merely related.
3. The defendant carries the burden of showing a link between the later charge and the conduct behind the first arrest.
4. Whether the State had probable cause for the later crime at the first arrest does not matter, because the State is not required to arrest a person for every crime it could charge.

Two of the three judges concurred only in the result, so the reversal is binding but the written reasoning did not draw a majority. Muhammad was also decided under the pre-2025 rule, when an arrest started the clock. The “conduct or criminal episode” language it applied still appears in the current rule, so the same question arises whenever the State adds a charge after the first one is filed or dropped.

When the State files a new charge months after an arrest, our attorneys compare it line by line with the conduct described in the original arrest report, because a discharge argument rises or falls on proving that both charges rest on the same acts. That comparison matters most in drug cases, where a lab result can arrive long after the arrest, as it did in Muhammad. Our Tampa drug crimes attorney page explains how our firm defends possession and trafficking charges.

When does the speedy trial clock start in a DUI or criminal traffic case?

In a criminal traffic case, the speedy trial clock starts on the date of arrest or the date a traffic citation, notice to appear, summons, information, or indictment is issued in lieu of arrest, whichever occurs first. That rule comes from a Florida Supreme Court decision issued October 22, 2026, In re Amendments to Florida Rules of Traffic Court 6.100, 6.160, and 6.325, No. SC2025-1377 (Fla. Oct. 22, 2026), in which the Court amended Florida Rule of Traffic Court 6.160 to match the 2025 changes to rule 3.191. The amendment takes effect January 1, 2027, at 12:01 a.m.

Rule 6.160 says the criminal rules govern traffic cases and defines when the speedy trial period begins. Before the amendment, rule 6.160 said a traffic defendant was “taken into custody” for rule 3.191 purposes when arrested or served with a citation. After July 1, 2025, rule 3.191 no longer used the phrase “taken into custody.” The new rule 6.160 replaces it with “formally charged” and ties formal charge to the arrest or the citation, whichever occurs first.

This matters most in county court misdemeanor cases. In our experience in Hillsborough County, on a misdemeanor DUI the State Attorney’s Office often files its information weeks after the arrest, and until then the citation is the only charging document. Under the amended rule 6.160, those weeks count. The 90-day misdemeanor period for a DUI charge or another criminal traffic charge runs from the arrest or citation, not from the later information. Our Tampa criminal traffic attorney page explains how our firm defends these charges.

The Court’s opinion does not say how the amendment applies to cases already pending on January 1, 2027. Our attorneys check the arrest date, the citation date, and the filing date in every pending traffic case so no time is lost in the transition.

Does speedy trial apply to a civil traffic ticket?

A civil traffic infraction, such as a speeding ticket with no criminal charge, has its own 180-day time limit under Florida Rule of Traffic Court 6.325, measured from the date the citation is served. That limit does not apply to an infraction that is attached to or consolidated with a criminal traffic charge. The Traffic Court Rules Committee proposed changes to rule 6.325 and rule 6.100, then withdrew them, so those rules did not change.

Justice Tanenbaum wrote separately in the October 22, 2026, decision to explain that the 180-day limit for infractions is administrative. In his view, no constitutional speedy trial right attaches to a noncriminal infraction, the rule creates no right on its own, and a dismissal under it would be without prejudice unless the one-year limitation period for noncriminal violations in section 775.15(2)(d), Florida Statutes, has run. He suggested the rule’s title and its use of the word “entitled” be revised. The current text of rules 6.160 and 6.325 appears in the Florida Rules of Traffic Court published by The Florida Bar.

How do you enforce speedy trial in Florida?

A defendant enforces the speedy trial rule by filing a notice of expiration of speedy trial time after the deadline passes. The court must then hold a hearing within 5 days and, unless the delay falls within one of the rule’s exceptions, order the State to bring the case to trial within 30 days. The steps work in this order:

1. The deadline passes. The 90-day or 175-day period runs out, or the 60-day period after a demand runs out, without a trial.
2. The defense files a notice of expiration. Nothing happens automatically. The defendant must file the notice.
3. The court holds a hearing within 5 days. The judge decides whether the delay was caused by the defense or falls within another exception.
4. The State gets a 30-day recapture period. Since July 1, 2025, this period is mandatory before any remedy.
5. Discharge if the State still does not try the case. The defendant is discharged from the crime, without prejudice unless the court finds the constitutional speedy trial right was violated.

Because a discharge is now usually without prejudice, the statute of limitations often decides whether the State can refile. Under section 775.15, Florida Statutes, a first-degree misdemeanor must be prosecuted within 2 years and a second-degree misdemeanor within 1 year. A first DUI carries up to 6 months in jail and a fine of $500 to $1,000 under section 316.193(2)(a), Florida Statutes, so the stakes of a lost deadline are real on both sides.

How many criminal traffic cases does Hillsborough County handle?

Hillsborough County opens nearly 2,000 criminal traffic citations a month on average, more than all other county criminal cases combined. From October 2024 through January 2025, the Hillsborough County Clerk of Court’s monthly outputs report for county fiscal year 2024-25 shows 7,977 criminal traffic citations opened, compared with 5,198 other county criminal cases. That volume is one reason speedy trial dates matter in county court.

National standards set a much faster pace than many courts reach. The Model Time Standards for State Trial Courts, published by the National Center for State Courts and approved in 2011 by the Conference of Chief Justices, the Conference of State Court Administrators, the American Bar Association, and the National Association for Court Management, call for 75% of misdemeanor cases to be resolved within 60 days and 98% within 180 days. A 2023 article in Judicature by William Raftery of the National Center for State Courts reported that a 2021 study of 1.2 million felony and misdemeanor cases in 21 states found no court that consistently met the model standards.

Is the constitutional right to a speedy trial different from the rule?

Yes. The constitutional right to a speedy trial comes from the Sixth Amendment and Article I, section 16 of the Florida Constitution, and it applies even when rule 3.191 has been satisfied or does not apply. Courts weigh four factors from Barker v. Wingo, 407 U.S. 514 (1972), the U.S. Supreme Court case in which a Kentucky defendant waited more than five years for trial: the length of the delay, the reason for it, whether the defendant asserted the right, and the prejudice to the defendant.

The two protections now work together in a new way. Under the 2025 amendment, a discharge under rule 3.191 is with prejudice only when the court also finds a constitutional violation. Our firm explains the constitutional side in more detail in our post on the constitutional right to a speedy trial in Florida.

Should you demand a speedy trial in a Florida DUI case?

Sometimes, and only after the defense has the evidence it needs. A demand for speedy trial forces the State to try the case within 60 days, but it also binds the defense to be ready for trial in that window. A defendant who files a demand and then asks for a continuance usually loses the benefit of the demand.

Our attorneys look at three questions before recommending a demand. Has the State provided the body camera video, breath or blood results, and maintenance records? Is the State’s case weaker on a fast timeline, for example because a witness or lab analyst is hard to schedule? Would the defense lose anything important, such as time to retain an expert, by moving fast? In a reckless driving or driving while license suspended case, the answers can differ from a DUI. A speedy trial demand also affects plea negotiations, which we cover in our post on what happens if you reject a plea deal in Florida.

What should you do now if you were charged with a criminal traffic offense?

Write down the date of your arrest and the date on your citation, and keep every document the officer gave you. Those dates may start your speedy trial clock under the amended rule 6.160, and the clock keeps running whether or not you have a lawyer.

Then talk to a defense attorney before the case moves forward. If you were arrested but the State has not filed an information yet, representation before charges are filed can shape what the State files. In Hillsborough County criminal court, our office is two blocks from the courthouse, and our attorneys can calendar the deadlines in your case from the first day.

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

Frequently asked questions

Does the speedy trial clock start at arrest in a Florida DUI case?

Starting January 1, 2027, yes: in a DUI or other criminal traffic case, the clock starts at the arrest or the issuance of a citation in lieu of arrest, whichever occurs first. Our attorneys at The Brancato Law Firm confirm those dates from the citation and arrest report in every DUI case we defend.

How many days does the State have to try a misdemeanor in Florida?

The State has 90 days from formal charge to try a misdemeanor without a demand, and 60 days after the defense files a demand for speedy trial. The Brancato Law Firm tracks both deadlines and the 30-day recapture period that follows a notice of expiration.

Can a Florida DUI be dismissed for a speedy trial violation?

Yes, but the dismissal is usually without prejudice, so the State can refile unless the statute of limitations has run or the court finds a constitutional violation. When a deadline passes, The Brancato Law Firm files the notice of expiration and holds the State to the 30-day recapture period in rule 3.191.

Can the State file a new charge after my speedy trial time has run?

Yes, if the new charge comes from a separate criminal episode, because each episode carries its own speedy trial clock. The Brancato Law Firm tests a late-filed charge against the original arrest report, the same comparison the Second District made in State v. Muhammad in November 2026, to see whether it rests on the same conduct.

Does speedy trial apply to a speeding ticket in Florida?

A civil speeding ticket falls under a separate 180-day limit in Florida Rule of Traffic Court 6.325, and Justice Tanenbaum’s October 2026 concurrence says any dismissal under that rule would be without prejudice. The Brancato Law Firm handles criminal traffic charges, and we can tell you quickly whether a ticket is civil or criminal.

Should I demand a speedy trial in my traffic case?

Only after reviewing the evidence, because a demand requires the defense to be ready for trial within 60 days. Our team at The Brancato Law Firm weighs the discovery, the witnesses, and the plea offer before recommending a demand in any criminal traffic case.

What if the State has not filed charges since my arrest?

The State must file formal charges within 30 days if you are in jail and within 60 days if you are on pretrial release, or the court must release you under rule 3.134. The Brancato Law Firm uses that window for pre-file advocacy, presenting facts to the prosecutor before a charging decision is made.

For more about our defense strategies, visit our Tampa criminal traffic lawyer page.

Your speedy trial clock may already be running. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 to have our attorneys review your arrest and citation dates and calendar every deadline before the 90-day window closes. 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-speaking criminal defense clients 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.

Driving 50 or more miles per hour over the posted speed limit, or 100 mph or more, is now a criminal offense in Florida under § 316.1922, Florida Statutes. A first conviction carries up to 30 days in jail and a $500 fine. A second conviction within five years triggers mandatory license revocation.

At The Brancato Law Firm, P.A., a Tampa criminal defense firm founded by Rocky Brancato, a former police academy instructor with more than 25 years in Hillsborough County courtrooms, our attorneys defend clients charged with criminal traffic offenses across Hillsborough, Pinellas, and Pasco Counties. Below, we break down what the law covers, how it differs from reckless driving, the penalties, and what to do if you are charged.

What Is Florida’s Dangerous Excessive Speeding Law?

Effective July 1, 2025, Florida created a new criminal offense called “dangerous excessive speeding” under HB 351 (Ch. 2025-77). A person commits this offense if they:

• Drive more than 50 miles per hour over the posted speed limit, or
• Drive at 100 miles per hour or more in a manner that threatens the safety of other persons or property, or interferes with the operation of any vehicle.

Before this law, extreme speeding by itself was only a civil traffic infraction in Florida. The Legislature passed § 316.1922 to fill a gap: Florida courts had held that excessive speed alone does not constitute reckless driving. In Harris v. State, 318 So. 3d 645 (Fla. 2d DCA 2021), the Second District Court of Appeal held that a Lee County driver clocked at 94 mph in a 40-mph zone had not been proven guilty of reckless driving, because “his excessive speed alone was insufficient to prove recklessness.” The new law makes extreme speed a standalone criminal offense without requiring the State to prove reckless intent.

This statute is sometimes called Florida’s “super speeder law.”

Speed remains a leading factor in traffic deaths. In 2023, speeding was a factor in 349 of Florida’s 3,396 traffic deaths, according to the National Highway Traffic Safety Administration’s Speeding: 2023 Data report (Table 6). Nationwide, speeding-related crashes killed 11,775 people in 2023, 29 percent of all traffic deaths, per the same NHTSA report.

Penalties for Dangerous Excessive Speeding in Florida

Dangerous excessive speeding is classified as a criminal traffic offense. The penalties are set directly by § 316.1922:

• First offense: Up to 30 days in jail, a $500 fine, or both.
• Second or subsequent offense: Up to 90 days in jail, a $1,000 fine, or both.
• If the second or later offense occurs within five years of a prior conviction, the person’s driver’s license must be revoked for at least 180 days and up to one year.

A first offense functions at the level of a second-degree misdemeanor. A second or subsequent offense carries first-degree misdemeanor-level penalties. This means a conviction goes on your criminal record, not just your driving record.

Because § 316.1922 is a criminal traffic violation under Chapter 316, a mandatory court appearance is required. You cannot resolve the charge by paying a fine online or by mail.

How Dangerous Excessive Speeding Differs from Reckless Driving

Florida’s reckless driving statute (§ 316.192) requires proof that the driver acted with “willful or wanton disregard for the safety of persons or property.” That is a high bar for prosecutors. Courts have repeatedly held that speed alone is not enough to prove reckless driving.

The new dangerous excessive speeding law is different in two key ways:

The 50-over prong (§ 316.1922(1)(a)) requires only proof that the driver exceeded the speed limit by 50 mph or more. No additional “manner” element is required. The State does not need to prove intent, disregard for safety, or any other aggravating circumstance. Speed alone is sufficient.

The 100-mph prong (§ 316.1922(1)(b)) requires proof of speed at 100 mph or more and that the driving occurred “in a manner that threatens the safety of other persons or property or interferes with the operation of any vehicle.” Speed alone is not enough under this prong. The State must show additional circumstances, such as the presence of other vehicles, weaving between lanes, or near-misses.

This distinction matters. A driver going 100 mph on an empty rural interstate at 3 a.m. with no other vehicles present has a strong argument that the 100-mph prong is not met, because there is no one whose safety was threatened. A driver going 100 mph on I-275 in moderate traffic while weaving between cars is a straightforward case for the prosecution.

Prosecutors can also stack charges. A driver going 120 mph in a 70-mph zone could face both a § 316.1922 charge (50-over) and a § 316.192 reckless driving charge if the circumstances support it.

Can You Be Arrested for Dangerous Excessive Speeding?

Yes. Under Fla. Stat. § 901.15(5), a law enforcement officer may make a warrantless arrest for any Chapter 316 violation committed in the officer’s presence. This includes dangerous excessive speeding and reckless driving.

The statute also allows arrest based on a relay from another officer stationed on the ground or in the air. This is relevant for FHP enforcement operations on I-75, I-275, I-4, and the Veterans Expressway, where aerial or pacing units identify the speeding vehicle and radio a stop team to make the arrest.

Whether the officer makes a custodial arrest or issues a criminal Notice to Appear (a written citation requiring a court date) is a discretionary decision. Either way, the charge is criminal and requires a court appearance.

Insurance and Driving Record Consequences

Beyond criminal penalties, a dangerous excessive speeding conviction carries significant collateral consequences:

Driver’s license points. Because § 316.1922 is a new statute, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) has not yet published a specific point assignment for this offense. Points will likely be assessed under the existing structure for speeding violations: 4 points for exceeding the limit by more than 15 mph, or 6 points if the violation results in a crash.

Insurance rates. Insurers set premiums from your driving record, and a criminal speeding conviction is the kind of entry that drives rates up. Standard carriers may non-renew your policy or move you to a high-risk subsidiary. Ask your insurance agent how a conviction would affect your specific policy before you resolve the case.

CDL holders face additional risk. Excessive speeding (15+ mph over) and reckless driving are classified as “serious traffic violations” under federal regulations (49 C.F.R. § 383.51). Two serious traffic violations within three years triggers a 60-day CDL disqualification. Three within three years means 120 days. Convictions in a personal vehicle count too, but only when the conviction results in the revocation, cancellation, or suspension of the driver’s license or non-commercial driving privileges, which is exactly what a second § 316.1922 conviction within five years triggers.

What to Do If You Are Charged

If you receive a citation or are arrested under § 316.1922:

• Do not plead guilty or no contest without legal advice. A guilty plea results in a criminal conviction on your record. An experienced attorney may be able to negotiate a withhold of adjudication, which avoids the formal conviction and its worst collateral consequences.
• Document everything about the stop. Note the location, time of day, weather, traffic conditions, and how many other vehicles were on the road. These details matter for the 100-mph prong, where the State must prove your driving threatened someone’s safety.
• Request dash cam and body cam footage. Officers in Hillsborough, Pinellas, and Pasco Counties are typically equipped with body cameras, and patrol vehicles have dash cameras. This footage can be used to challenge the State’s case.
• Contact a criminal defense attorney immediately. A § 316.1922 charge carries jail time, fines, license consequences, and a permanent criminal record. Early intervention gives your attorney the best opportunity to challenge the evidence or negotiate a favorable resolution.

Common Questions About Florida’s Dangerous Excessive Speeding Law

Can you go to jail for speeding in Florida?

Yes. Under § 316.1922, driving 50 mph or more over the speed limit, or 100 mph or more in a dangerous manner, is a criminal offense. A first conviction carries up to 30 days in jail. A second or subsequent conviction carries up to 90 days.

Is dangerous excessive speeding a felony or misdemeanor in Florida?

It is a criminal traffic offense with misdemeanor-level penalties. A first offense functions as a second-degree misdemeanor (up to 30 days in jail, $500 fine). A second or subsequent offense carries first-degree misdemeanor-level penalties (up to 90 days, $1,000 fine).

Will I lose my license for excessive speeding in Florida?

Not automatically on a first offense. However, if you are convicted a second time within five years, the court must revoke your license for at least 180 days and up to one year. Points from the conviction can also push you toward the suspension thresholds under § 322.27 (12 points in 12 months = 30-day suspension).

Does driving 100 mph automatically qualify as dangerous excessive speeding?

Not necessarily. The 100-mph prong (§ 316.1922(1)(b)) requires the State to prove that you were driving “in a manner that threatens the safety of other persons or property or interferes with the operation of any vehicle.” If no other vehicles or persons were in the area, the State may not be able to meet this element. The 50-over prong (§ 316.1922(1)(a)) does not have this requirement.

How is this different from a regular speeding ticket?

A regular speeding ticket is a civil traffic infraction. You pay a fine, receive points on your license, and move on. A dangerous excessive speeding citation is a criminal charge. It requires a mandatory court appearance, carries potential jail time, and results in a criminal record if you are convicted.

Charged with Dangerous Excessive Speeding in Tampa Bay?

A citation under § 316.1922 is a criminal charge with potential jail time, fines, and license revocation. How quickly and effectively you respond can make a significant difference in the outcome.

At The Brancato Law Firm, P.A., we provide serious criminal defense for clients facing dangerous excessive speeding, reckless driving, DUI, fleeing and eluding, and related charges in Tampa, Hillsborough, Pinellas, and Pasco Counties.

A criminal speeding citation carries a mandatory court date, so the time to act is before that first appearance. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 today. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

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

Filming an arrest on your phone is legal, but the way you film it can get you arrested. As a former police academy instructor, a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, and the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have seen these encounters from the training side and the defense side. Our attorneys defend people arrested while recording police, and the cases usually turn on distance, warnings, and what the video itself shows.

Is it legal to record police in Tampa?

Yes. In Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000), a Georgia couple sued after police kept Mr. Smith from videotaping officers. The Eleventh Circuit, whose decisions bind federal courts in Florida, held that people have “a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct,” though it found the Smiths had not shown the officers violated that right. The right covers sidewalks, streets, parks, and other public places in Tampa and Hillsborough County.

The right has limits. In Crocker v. Beatty, 995 F.3d 1232 (11th Cir. 2021), a driver stopped on the median of I-95 in Martin County to photograph a fatal crash, and a deputy took his phone. The Eleventh Circuit held the deputy had qualified immunity on the First Amendment claim because it was not clearly established that Smith protected photographing from a highway median at a chaotic crash scene. Crocker still won $1,000 from a jury on his separate Fourth Amendment claim over the phone seizure. The lesson: film from a lawful place, and the seizure of your phone can be challenged even when the recording claim fails.

Scholars have tied this right to the role phone video now plays in public debate. Professor Seth F. Kreimer’s article “Pervasive Image Capture and the First Amendment: Memory, Discourse, and the Right to Record,” 159 University of Pennsylvania Law Review 335 (2011), argues that recording images is protected expression, not mere conduct. Encounters with police are common: the Bureau of Justice Statistics report Contacts Between Police and the Public, 2022 found that 19% of U.S. residents age 16 or older, about 49.2 million people, had contact with police in 2022.

What does Florida’s 25-foot buffer law, section 843.31, prohibit?

Section 843.31, Florida Statutes, created by chapter 2024-85, Laws of Florida (SB 184) and effective January 1, 2025, makes it a crime to knowingly and willfully violate a first responder’s verbal warning not to approach and to approach or remain within 25 feet with the intent to impede or interfere with the responder’s duties, threaten the responder with physical harm, or harass the responder. “First responder” includes law enforcement officers, correctional probation officers, firefighters, and emergency medical care providers.

A violation is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500 under sections 775.082 and 775.083. Standing within 25 feet is not a crime by itself, and neither is recording. The intent element is where most of these cases are won or lost.

What other charges do people face for filming police?

The most common charge is resisting an officer without violence under section 843.02, Florida Statutes, a first-degree misdemeanor punishable by up to one year in jail. That charge requires proof that the officer was engaged in the lawful execution of a legal duty and that the person obstructed or opposed it. Filming, by itself, is not obstruction. Refusing a lawful order to move, physically blocking an officer, or stepping into an active scene can be.

In Hillsborough County, these charges are misdemeanors filed in county court, and a person taken into custody is booked at the Orient Road Jail. Our Hillsborough County criminal defense attorney team reviews body camera footage, the bystander’s own video, and dispatch records to test the officer’s account of distance and intent.

Can police make you stop recording or delete your video?

Officers can give lawful orders that affect where you stand, but they cannot lawfully order you to delete a recording, and a warrantless search of your phone is generally prohibited under the Fourth Amendment. If an officer seizes your phone as “evidence,” do not consent to a search, do not unlock it, and say clearly that you do not consent. That refusal preserves a later motion to suppress and, as Crocker shows, a seizure claim.

Does Florida’s wiretap law ban recording police audio?

Usually not for police encounters in public. Section 934.03, Florida Statutes, makes it a third-degree felony to intercept an “oral communication” without the consent of all parties, but section 934.02 defines oral communication as one made with a justified expectation that it is not being intercepted. In Waite v. State, No. 5D2023-1354 (Fla. 5th DCA Aug. 16, 2024), a Citrus County man was charged with intercepting oral communications for secretly recording his conversations with on-duty sheriff’s deputies about official business. The Fifth District held the deputies had no reasonable expectation of privacy in those conversations and reversed the denial of his motion to dismiss those charges.

There is a caution. A concurring judge in Waite noted that phone calls are “wire” communications, not oral ones, and that secretly recording a phone call with an officer could be charged under a different part of the statute. Recording an officer you can see in public is very different from secretly recording a private phone call, and the safest course is to record openly.

How can you film police safely in Tampa?

1. Record openly from a lawful place. Sidewalks and public property are best; do not stand in a roadway, median, or active crime scene.
2. Keep your distance. Use zoom rather than stepping closer. Staying 25 feet back avoids a section 843.31 charge entirely.
3. Obey a warning to back up. Move, keep recording, and say aloud that you are complying so the video captures it.
4. Do not touch officers or equipment, and do not block anyone’s path.
5. Do not unlock or hand over your phone. State that you do not consent to a search.
6. Save and back up the video. Upload it to cloud storage quickly; it may be the best evidence in your case or someone else’s.

Frequently asked questions

Is it illegal to film police within 25 feet in Florida?

No, not by itself. Section 843.31 requires a verbal warning, a knowing violation, and intent to interfere, threaten, or harass, so filming within 25 feet without that intent is not a crime under that statute. The Brancato Law Firm uses the video and the officer’s own body camera to contest the intent element in these cases.

Can I be arrested for recording a traffic stop in Tampa?

Recording a traffic stop is legal, including your own stop, as long as you follow lawful commands and do not interfere. Our attorneys at The Brancato Law Firm defend drivers and passengers when a recording leads to a resisting charge, and we often use that same recording as the defense.

Can police take my phone because I recorded them?

Officers sometimes seize phones as evidence, but searching the phone generally requires a warrant or your consent. The Brancato Law Firm challenges unlawful phone seizures and searches with a motion to suppress through our Hillsborough County defense practice.

Can charges for filming police be dropped in Florida?

Yes. Section 843.31 and resisting charges are frequently dropped or dismissed when video shows the person kept distance, complied with warnings, or did not interfere. The Brancato Law Firm gathers bystander video and body camera footage early, before it is overwritten.

Is it legal to record police inside a police station in Florida?

The answer depends on the area, because lobbies and secure areas are not the same as a public sidewalk, and federal courts have treated recording inside government buildings differently from recording outdoors. Our attorneys at The Brancato Law Firm advise checking posted rules and leaving rather than arguing if told to stop in a non-public area.

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

Talk to a Tampa criminal defense attorney about a recording arrest

Video from the scene, yours and the officers’, is the evidence that wins these cases, and body camera footage is not kept forever. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 as soon as you are released so our attorneys can request it. 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 our guide for Spanish-speaking criminal defense clients in Tampa. For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

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

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

Most child pornography cases in Tampa begin with an automated report from a tech company, months before anyone knocks on a door. I learned how investigators build these cases as a police academy instructor teaching officers search-and-seizure law, and as a Major Crimes Unit attorney handling sex crime and child abuse cases. Today, as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I lead a team that defends people charged in Hillsborough, Pinellas, and Pasco Counties, many of whom had no record before the search warrant. Our attorneys start with the evidence trail: the report, the warrant, and the forensic image of each device.

How do child pornography investigations start in Florida?

Most cases start with a CyberTipline report from an online platform to the National Center for Missing and Exploited Children (NCMEC), which routes it to law enforcement. Federal law, 18 U.S.C. § 2258A, requires providers to report apparent CSAM once they have actual knowledge of it, but expressly does not require them to monitor users or scan content. Many large platforms scan anyway, usually by comparing a file’s hash value, a digital fingerprint, to a list of known images.

The volume is enormous. In 2025, NCMEC made 126,256 CyberTipline reports available to law enforcement for Florida, including 70,812 referrals, according to NCMEC’s 2025 CyberTipline Reports by State. Nationally, NCMEC received 20.5 million reports in 2024. Each report then has to be traced to a person through subpoenas for subscriber and IP address records, which is where the State’s first assumptions enter the case.

Can the search be challenged?

Yes. A search challenge is often the strongest defense, because if the warrant falls, the files usually fall with it. In Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003), a case investigated by the Polk County Sheriff’s Office, the Second District held that the affidavit supporting the warrant for the defendant’s computer and diskettes was fatally defective and reversed 136 counts of possession that flowed from the seizure. The court affirmed other convictions but threw out every possession count.

Our attorneys look for these warrant problems in every case:

• Thin probable cause. The affidavit must connect the person and the place to be searched to the files, not just repeat that a tip exists.
• Staleness. Months can pass between the tip and the warrant. Our article on the 10-day search warrant rule explains a reversal on timing grounds.
• Scope. A warrant for one device or account does not authorize a search of everything a person owns.
• Account warrants. Warrants to Google, Apple, or other providers raise their own issues, covered in our guide to a Google account legal request.

What is a private search doctrine motion to suppress?

A private search doctrine motion asks the court to suppress evidence because police opened a flagged file without a warrant when no person at the reporting company had looked at that file first. Under the U.S. Supreme Court’s private search cases, police may repeat a search a private party already did, but may not go beyond it without a warrant. When a tech company flags a file only by an automated hash match, the defense argues that no private person ever saw the contents, so the officer who opened the file conducted a new government search. Because police in many CyberTip cases open the files first and get warrants afterward, a win on this motion can take down every warrant built on that first look.

Our firm files these motions in Hillsborough County cases, and we build them from the CyberTip itself. Google’s CyberTips answer a question for each reported file: “Was File Reviewed by Company?” A “No” means no Google reviewer looked at that file for the report; the flag rests on a hash match to a different file someone reviewed in the past. We match every file the detective opened to that answer, and we point out what the State must prove at the hearing. A warrantless search shifts the burden to the State, so the prosecution must show, file by file, that a private person actually viewed what the officer opened.

Where do the courts stand on opening hash-matched files?

The courts are split, and Florida’s state appellate courts have not settled the question for the files a company never viewed. In Morales v. State, 274 So. 3d 1213 (Fla. 1st DCA 2019), a Santa Rosa County defendant uploaded an image to a chatroom whose service matched it to known CSAM through Microsoft’s PhotoDNA. No one at the company or NCMEC opened it before an FDLE agent did, without a warrant. The First District held that the agent’s viewing did not exceed the private search because the hash match identified the image with near certainty.

In Lowers, Google hash-matched 156 files in a Google Drive account, a reviewer opened 31, and the CyberTip showed which files were opened and which were not. A detective then opened files that neither Google nor NCMEC had viewed. The Fourth Circuit held that was an unconstitutional search. Brillhart, an appeal from the Middle District of Florida, went the other way on its record, but only because the file’s hash traced to a file a human at Google had already confirmed. The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, has not squarely decided the question in the decisions we have reviewed. In Youngman v. State, 342 So. 3d 770 (Fla. 2d DCA 2022), it held only that police software finding files a defendant shared publicly on BitTorrent was not a search at all.

Legal scholars have questioned how far hash searches should reach. A 2018 Stanford Law Review note, Dennis Martin’s Demystifying Hash Searches, argues that police conduct a Fourth Amendment search whenever they use an algorithm to do what would be a search if done by hand.

How do our attorneys build a private search motion?

Our attorneys build the motion from the State’s own documents, in five steps:

1. Pull the per-file review answers. We read the CyberTip’s “Was File Reviewed by Company?” answer for every reported file.
2. Match them to what the detective opened. The warrant affidavits usually describe specific files; we check whether each described file was one no company employee viewed.
3. Hold the State to its burden. At the evidentiary hearing, the State must prove with competent evidence, not the tip’s own label, that a person reviewed each file the officer opened.
4. Excise the tainted descriptions. We ask the court to strike the officer’s descriptions of unlawfully viewed files from each warrant affidavit and test whether probable cause remains.
5. Defeat good faith and attenuation. Searches done after the 2021 Wilson decision are harder to excuse as good faith, and a client who invoked the right to counsel and gave no statement leaves the State no break in the chain, unlike the defendant in Lowers.

Lowers carries a practical lesson. The Fourth Circuit found the search unconstitutional and still let the evidence in because the defendant talked to police and consented to searches afterward. A person who stays silent and asks for a lawyer protects the motion as well as the case.

Can a CyberTip be wrong?

Yes. A CyberTip is a report, not proof, and both its labels and its claims about human review can be wrong. The clearest Florida example involves William Lawshe, a Florida Fish and Wildlife Conservation Commission officer who had been named national wildlife officer of the year in 2014. According to News4JAX reporting, a St. Johns County investigation that began with a February 2023 tip led to three counts of possessing child pornography, he left the agency, and the charges were dropped that December after his lawyers produced evidence they said proved his innocence.

Lawshe then sued Verizon and its cloud-storage contractor. In Lawshe v. Verizon Communications, Inc., No. 3:24-cv-137-MMH-LLL (M.D. Fla. Feb. 28, 2025), he alleged that his account held legal images of adult models and that the CyberTip behind his arrest rested on a hash match to an image tagged only “unconfirmed.” He alleged the report still stated that the company “had viewed the entire contents” of the image and that it showed a “pre-pubescent” minor, when the people pictured were plainly adults. Judge Marcia Morales Howard held that federal reporting immunity did not defeat his defamation and Stored Communications Act claims over that report at the pleading stage, writing that the defendants “conflate an intent to immunize mistaken reports with an intent to immunize unfounded reports.” The parties later settled, and in February 2026 the court vacated the order at their request, so it is not precedent. It remains a public record of how an automated flag, and a claim that someone reviewed it, can be wrong.

That is why our attorneys never accept a CyberTip at face value. We check whether each file was actually reviewed, whether it was labeled “apparent” or only “unconfirmed,” and whether an independent examiner agrees the image shows a minor at all. A person who has been falsely flagged has a defense, and the first step is to say nothing to investigators and call a lawyer.

What does the State have to prove about knowledge?

The State must prove you knowingly possessed, controlled, or intentionally viewed material you knew contained CSAM. Under section 827.071, Florida Statutes, the file’s presence on a device is not enough by itself. When the device or home is shared, Florida applies constructive possession rules: the State must show you knew of the files and could exercise control over them through evidence beyond mere proximity, as the Second District explained in Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013).

Forensic evidence decides most knowledge disputes. Our attorneys retain independent digital forensic examiners to answer questions the State’s report often skips:

1. Who was using the device? Login records, user profiles, and activity at the time of download.
2. Were the files ever opened? Access dates, thumbnails, and viewing history.
3. Where did the files sit? A deleted file, a cache, or an automatic sync folder tells a different story than an organized collection.
4. How did they arrive? Bulk downloads, file-sharing programs, malware, or a synced account a user never opened.
5. Are the counts right? Duplicates, thumbnails of the same image, and files of uncertain age inflate the count.

Deleted files raise their own issue. In Burnett, the State’s expert found deleted images on diskettes but could not say when or by whom they were deleted. The Second District resolved the case on the warrant and expressly left open whether deleted images retrievable only by an expert prove knowing possession. Our attorneys press that question when the evidence is deleted or fragmentary. Because constructive possession works the same way across offenses, our guide to constructive possession in Florida is useful background.

What changed in Florida’s CSAM law on July 1, 2026?

On July 1, 2026, Chapter 2026-20, Laws of Florida (CS/CS/HB 1159), renamed “child pornography” as “child sexual abuse material” throughout the statutes and raised several penalties. Possessing, controlling, or intentionally viewing CSAM under section 827.071(5) became a second-degree felony, and each image and each child depicted is still a separate offense. Our post on child pornography penalties in Florida covers sentencing, scoring, and the image-count enhancement in detail. The changes that most affect defense strategy are these:

The transmission change builds on earlier law about file sharing. Section 847.0137 reaches a person who knew or reasonably should have known he was transmitting CSAM. In Jeror v. State, 313 So. 3d 178 (Fla. 2d DCA 2021), a Sarasota County defendant moved downloaded videos into a folder a BitTorrent program shared automatically. The Second District held the evidence let the jury find he reasonably should have known the files were being shared, and affirmed. With cloud links now included, how a folder was shared, and whether the user knew, is a central fact our attorneys investigate.

Can a child pornography charge be dropped or reduced in Florida?

Yes. Charges can be dismissed, reduced, or resolved for fewer counts when the search is suppressed, the knowledge evidence is weak, or mitigation persuades the prosecutor. Counts tied to unreliable forensics can also be dropped. Early work matters most, and when an investigation is still underway, pre-file advocacy can shape what the State files.

One example from our firm: a young man who had just turned 18 was charged with possession of child pornography and faced prison and sexual offender registration. Our attorneys built a detailed mitigation case and negotiated with the prosecutor, and the case resolved with a plea to a non-registerable offense with treatment. Past results do not guarantee future outcomes. Our guide to a mitigation report explains that work, and our overview of sex offender registration in Florida explains what registration under section 943.0435, Florida Statutes requires.

Charges involving chats with a minor are a different offense with different defenses; see solicitation of a child using a computer and what to do if you messaged a minor online. Our Tampa internet crimes attorney page describes how our firm defends these cases.

What should you do if police contact you about a CSAM investigation?

Do not answer questions, consent to a device search, or delete anything; call a defense attorney first. Deleting files after you learn of an investigation can lead to a separate tampering charge and can be argued as evidence of knowledge. Investigators often arrive with a warrant already signed and ask friendly questions while the search happens. Anything said during that visit can supply the knowledge element the forensic evidence lacks.

• Say you want a lawyer and will not answer questions.
• Do not give passwords or unlock devices without advice from counsel.
• Write down who came, what they took, and what they said.
• Keep the warrant and inventory paperwork.

Frequently asked questions about fighting a child pornography charge in Florida

Is accidentally downloading child pornography a crime in Florida?

Not if it was accidental. Section 827.071(5) requires knowing possession or intentional viewing of material the person knew contained CSAM. The Brancato Law Firm uses forensic evidence, such as whether a file was ever opened, to show what a client did and did not know.

Can I be charged if other people used my computer or Wi-Fi?

You can be charged, but shared access is a real defense. On a shared device or network, the State must prove knowledge and control beyond simple proximity to the files. Our attorneys at The Brancato Law Firm build a timeline of who used each device and account when the files arrived.

Is sharing a Google Drive or Dropbox link a crime under Florida’s 2026 law?

Sharing a link or access credential to cloud storage that contains CSAM can now be charged as transmission under section 847.0137, a second-degree felony. The Brancato Law Firm examines whether the client created the link, knew what it contained, and knew it was shared, which is where these cases are won or lost.

Can a CyberTip search be suppressed if no one at Google viewed the file?

It can, in some courts. Several federal appeals courts have held that police violate the Fourth Amendment by opening a hash-matched file no company employee viewed, while others, including the Eleventh Circuit on a record of prior human review, have allowed it. The Brancato Law Firm files private search doctrine motions built on the CyberTip’s file-by-file review answers, a question Florida’s Second District has not settled.

What if a CyberTip flagged an image of an adult?

Then the State cannot prove a key element, because CSAM must depict a minor. Automated tags such as “unconfirmed” signal that even the reporting system was unsure of the person’s age. The Brancato Law Firm retains independent examiners to test age and origin, and cases like Lawshe v. Verizon Communications, Inc., No. 3:24-cv-137-MMH-LLL (M.D. Fla. Feb. 28, 2025) show that these reports can be wrong.

Can a search warrant based on a CyberTip be thrown out?

Yes, if the affidavit lacks probable cause, the information was stale, or police exceeded the scope of the warrant or the private search. In Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003), a defective affidavit led to reversal of 136 possession counts. Our attorneys at The Brancato Law Firm file motions to suppress when the warrant or the tip falls short.

Does Florida’s July 2026 law apply to my case if the files were downloaded earlier?

The new penalties apply to offenses committed on or after July 1, 2026. When downloads span that date, The Brancato Law Firm uses the forensic timeline to argue which law applies to each count; our internet crimes defense team reviews the file dates in every case.

Will I be arrested before I know I am being investigated?

Often, yes. Many people first learn of a CSAM investigation when police execute a search warrant, sometimes months after the original tip. If you think an investigation is underway, The Brancato Law Firm can step in before charges are filed through representation before charges are filed.

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

Talk to our attorneys before you talk to investigators

The first conversation with police and the first forensic image of a device shape everything that follows. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys can step in before an interview, review the warrant and CyberTip, and bring in an independent forensic examiner. Call us at any hour at (813) 727-7159 for a confidential consultation. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Internet 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.

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.

When a new criminal statute takes effect, prosecutors start filing charges that did not exist the day before, and the first cases show how hard the State intends to use it. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have spent more than 25 years in Hillsborough County courtrooms watching new laws go from bill to charging document. This guide summarizes each October 1, 2026 law in plain English and links to our full post on each one, where our attorneys explain the legislative history, the statute text, and how we defend the charge.

Which Florida Criminal Laws Changed on October 1, 2026?

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

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

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

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

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

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

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

Is It a Felony to Sell Nitrous Oxide in Florida?

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

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

Can Social Media Make Someone a Gang Member in Florida?

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

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

What Changed for Career Offender Registration?

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

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

Is Animal Cruelty Around a Child a Felony?

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

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

Is Lying on a Rental Application a Crime in Florida?

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

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

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

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

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

How Did the Legislature Vote on the New Criminal Laws?

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

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

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

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

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

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

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

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

Frequently Asked Questions

Which of the October 2026 Florida laws created new felonies?

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

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

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

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

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

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

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

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

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

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

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

Charges under a brand-new statute are often the first of their kind in the courthouse, and early motions can shape how the State uses the law. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends clients charged under every one of these October 2026 laws. Call (813) 727-7159 before first appearance if you can; call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

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

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

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

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

What Changed in Florida’s Crash Reporting Law?

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

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

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

Do You Still Have to Stop After a Minor Crash?

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

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

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

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

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

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

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

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

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

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

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

What Else Did SB 488 Change?

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

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

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

What Should You Do After a Car Accident in Florida?

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

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

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

Frequently Asked Questions

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

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

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

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

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

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

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

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

Can Florida suspend my license by email?

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

Talk to a Tampa Criminal Traffic Lawyer Today

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

A minor crash can become a criminal case in the minutes after impact. If you have been cited or contacted about leaving the scene, or questioned after a crash, our attorneys will review the report, the video, and your statements and tell you where you stand. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

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

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

In Hillsborough County, prosecutors pull recorded jail phone calls and charge one count for every call a defendant makes to the person a no-contact order protects. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have spent more than 25 years in Hillsborough County courtrooms watching bond conditions decide cases. Under Florida’s new law, those conditions carry more weight than ever, so our attorneys now treat the no-contact order as a second case that starts at first appearance.

This guide explains what the Victim Safety in Pretrial Release Act (CS/CS/HB 397, chapter 2026-155, Laws of Florida) does, why the Legislature passed it, what lawmakers cut out of it along the way, and how to protect yourself or a family member while a violent charge is pending.

What Does Florida’s New No-Contact Order Law Do?

Florida’s new law turns a broken bond condition into a new criminal charge. Under section 903.0472, Florida Statutes, a person commits a first-degree misdemeanor if he or she willfully violates a no-contact condition of pretrial release that a court imposed after an arrest for a listed violent offense. A second or subsequent violation is a third-degree felony.

The law took effect October 1, 2026. Governor DeSantis signed it on June 16, 2026. It does four things:

• Creates a new crime. Willfully violating a pretrial no-contact order in a listed violent case is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
• Adds a felony tier. A second or subsequent violation is a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
• Allows warrantless arrests. A new subsection (17) of section 901.15 lets an officer arrest on probable cause without a warrant, even if the officer did not see the violation.
• Requires a jail hold. Anyone arrested for a violation, and anyone on pretrial release for a listed offense who is arrested for any new crime, must be held until first appearance. At that hearing the judge must “prioritize the safety of the victim and the public.”

The law also protects officers from civil lawsuits for an arrest made on probable cause under the new section. That provision drew objections from defense groups during committee debate, discussed below.

Which Charges Does the New Law Cover?

The new crime applies only when the no-contact order was imposed after an arrest for one of 15 listed offenses. The list in section 903.0472(1) covers most charges our Tampa violent crimes lawyer team defends every week:

Domestic violence cases were already covered by an older law, discussed in the next section. The practical change is that the alleged victim no longer has to be a family member, a household member, or a dating partner. A bar fight, a road-rage battery, or a robbery between strangers now carries the same no-contact exposure as a domestic battery.

Why Did Florida Pass the Victim Safety in Pretrial Release Act?

Florida passed the law because, before October 1, 2026, breaking a no-contact order in a non-domestic case was not a crime at all. A no-contact order is a bond condition under section 903.047. When a defendant broke one, the only remedy was for the judge to revoke bond under section 903.0471. An officer standing in front of the defendant at the victim’s house could not arrest for the violation itself.

The one exception dates to 1997. Under what is now section 741.29(7), violating a pretrial release condition after a domestic violence arrest has been a first-degree misdemeanor for nearly three decades, with a mandatory hold until first appearance. Dating violence later received the same treatment. Victims of every other violent crime had no equivalent protection.

The Florida Sheriffs Association’s summary of the bill describes the gap directly: officers could only write a report asking a judge to revoke bond, which the summary says caused “dangerous delays.” The sponsors called it a “dangerous loophole.” When Representative Dan Daley presented the bill to a House subcommittee in January 2026, he described it as a way to give officers an on-scene tool to remove a person who violates a court’s stay-away order in a serious violent case.

How Did HB 397 Change on Its Way Through the Legislature?

The bill that became law is much narrower than the bill that was filed. That history matters, because it tells judges and lawyers what the Legislature chose not to criminalize.

The Senate version, SB 760 as filed by Senator Stan McClain, made it a crime to willfully violate any pretrial release condition, not only a no-contact order. That would have covered curfews, GPS monitoring, alcohol bans, and travel limits. It also covered every forcible felony and any offense causing physical injury, and it made a second violation against the same victim, or one involving a new act of violence, a felony.

Committees cut the bill back in three ways. The House Criminal Justice Subcommittee limited the crime to no-contact orders and removed the separate felony for a violation involving a new act of violence. The Senate dropped forcible felonies and substituted a catch-all for felonies involving force or violence against a person. The House Judiciary Committee then added the jail hold for anyone on release for a listed offense who picks up any new charge.

The bill was bipartisan. Daley is a Democrat and McClain is a Republican, and the Senate never cast a vote against it. The opposition came in the House committees, where criminal defense groups argued that the officer-immunity provision and the lack of any listed affirmative defenses invited arrests without judicial review. The House adopted one amendment in the Judiciary Committee to clarify how the first-appearance hold works in counties that use bond schedules. Vote tallies come from the Florida House bill page and the House and Senate staff analyses.

The takeaway for anyone on bond: a missed curfew or a dead GPS battery can still get bond revoked, but it is not a new crime under section 903.0472. Only the no-contact condition is.

Does the New Law Actually Make Victims Safer?

The best available research says enforcement alone does not move the numbers much. In a randomized experiment funded by the National Institute of Justice, Robert Brame and colleagues studied 466 misdemeanor domestic violence cases in Lexington County, South Carolina, between 2005 and 2007. Half the cases received proactive no-contact order enforcement by dedicated deputies. The researchers found no measurable effect on victim safety or rearrest. Domestic violence rearrest rates were 9.7% with proactive enforcement and 14.0% without it, a difference that was not statistically significant. The study was published in the American Journal of Criminal Justice in 2015.

The law also arrives as reported violent crime is falling locally. The Hillsborough County Sheriff’s Office reported that violent crime in its jurisdiction fell 13.85% in 2025, the fourth straight year of overall crime decline. The Legislature’s own fiscal analysts predicted only an “indeterminate” increase in jail and prison beds, noting in the final House bill analysis that courts could already revoke bond and send violators back to jail.

What the law clearly changes is leverage. A new misdemeanor or felony charge gives the State Attorney’s Office something to trade in plea negotiations and gives the judge a reason to hold a defendant at first appearance. Our attorneys at The Brancato Law Firm plan for both from the first day of the case.

Does a Jail Phone Call Count as Violating a No-Contact Order?

Yes. A no-contact order is effective the moment the judge imposes it, so a call from jail violates it even if the defendant never bonds out. Section 903.047(1)(b) states that “an order of no contact is effective immediately.”

Florida’s Fourth District Court of Appeal applied that rule in Caldwell v. State, No. 4D21-117 (Fla. 4th DCA May 18, 2022). Richard Caldwell was arrested in St. Lucie County for domestic battery and ordered to have no contact with the victim. He never posted bond. From jail, he called the victim again and again, and the State charged 50 counts of violating pretrial release under the domestic violence statute. A jury convicted him on 41 counts, and the appeals court affirmed, holding that a defendant “can violate a condition of pretrial release prohibiting contact with the victim before being released from jail.”

In our experience, prosecutors at the Hillsborough County State Attorney’s Office use the same playbook. They pull recorded calls from the county jails and file one count for each call to the protected person. Under section 903.0472, that practice has a new edge, because a second violation is a felony.

Assume every call from a jail phone is recorded. If a family member is in custody on a violent charge with a no-contact order, the safest rule is simple: no calls, no three-way calls, and no messages passed through anyone else.

Is a Second No-Contact Violation Automatically a Felony?

The statute says a “second or subsequent violation” is a third-degree felony, but it does not say whether the first violation must end in a conviction before the second one counts. That question has not been decided by a Florida appellate court.

The difference is enormous in a jail-call case. If every call after the first is a “subsequent violation,” a person who makes ten calls in one weekend could face one misdemeanor and nine felonies. Our attorneys will argue that the rule of lenity in section 775.021(1) requires the narrower reading. That statute directs that when criminal statutes are “susceptible of differing constructions,” they must be “construed most favorably to the accused.” Until an appeals court rules, expect prosecutors to charge the broader version.

Because the Legislature did not rank the new felony on the offense severity chart, a third-degree violation should score as an unranked Level 1 offense under section 921.0023. It still adds a felony conviction and points to any scoresheet in the underlying violent case.

How Do You Fight a No-Contact Violation Charge in Florida?

The State has to prove every element beyond a reasonable doubt, and most of these cases turn on notice, willfulness, and timing. Here is how our attorneys approach a section 903.0472 charge:

1. Prove the order existed and the client knew about it. Section 903.047 requires the defendant to be informed of the order in writing, with the prohibited acts spelled out, before release. In Pilorge v. State, 876 So. 2d 591 (Fla. 5th DCA 2004), the court reversed a conviction for violating a pretrial no-contact condition because the State offered no proof the defendant was ever advised of it; his first appearance sheet said only “Unable” where his signature belonged. The court held the statute “does not create a presumption that the defendant knows.” Hillsborough County first appearance judges routinely give the no-contact order in writing, but we still see paperwork with no signature or a refusal noted, and we check it in every case.
2. Challenge willfulness. The violation must be willful. A chance encounter at a store that the client immediately walks away from, or a text the client never answered, is different from a deliberate call or visit. The State also has to prove the 500-foot distance when the claim is about a residence, vehicle, or workplace.
3. Confirm the underlying charge qualifies. The new crime applies only if the order followed an arrest for a listed offense. A no-contact order in a theft or drug case does not support a section 903.0472 charge, though it can still lead to bond revocation.
4. Check the date. Conduct before October 1, 2026 cannot be charged under the new statute. The order itself may be older, but the violation must come after the effective date.
5. Fight the first appearance hold. The judge must weigh the underlying charge, the client’s record of following court orders, and any evidence of intent to intimidate or harass. Proof of steady compliance, a job, and a safe place to live is how we answer those factors.

If police are investigating a possible violation but no charge has been filed yet, early representation before charges are filed can shape what the State Attorney’s Office decides to file.

What Happens at First Appearance After a No-Contact Arrest?

A person arrested under section 903.0472 cannot bond out on a bond schedule. He or she stays in custody until first appearance, which Florida Rule of Criminal Procedure 3.130 requires within 24 hours of arrest. At that hearing, the judge decides whether to order pretrial detention or set new release conditions.

The same hold applies to a broader group than most people realize. Anyone on pretrial release for a listed violent offense who is arrested for any new crime, even a nonviolent one such as driving with a suspended license, must be held until first appearance. Our Hillsborough County criminal defense attorney team prepares for that hearing as soon as a family member calls, because the judge decides with whatever information is in front of him or her that morning.

First appearance is usually not the end of the bond fight. The State can also move to revoke the original bond in the underlying case, and a new bond hearing is often the next step. Our guide to how a bond hearing works in Tampa explains that process.

Can a No-Contact Order Be Lifted or Changed?

Yes, but only by the judge. Under section 903.047(2), the court may modify a no-contact condition on a properly noticed motion if good cause is shown and the interests of justice require it. The alleged victim has the right to be heard, and the State Attorney must notify the victim of the hearing.

Two built-in exceptions help families. If the parties share children, the judge may designate a third person to contact the other parent solely to arrange contact with the children. And the defendant’s lawyer may communicate with a protected person for lawful purposes, consistent with Florida Bar rules.

What does not work is informal permission. An alleged victim who calls, visits, or invites the defendant over does not cancel the order, and the defendant who responds can still be arrested. Our guide for alleged victims who want charges dropped explains the right way for a protected person to ask the court for a change.

What Should You Do Right Now If a No-Contact Order Applies to You?

Act before anything happens, because the first violation is now an arrestable crime. These steps protect you whether you are the defendant or a worried family member:

• Read the written order and note every person, address, and distance it covers.
• Block the protected person’s number and social media accounts, and do not reply if they reach out.
• Do not ask friends or relatives to pass along messages; contact “through a third person” is a violation.
• Save proof of any contact the protected person starts, and give it to your lawyer instead of responding.
• If you need contact for children, housing, or property, ask your lawyer to file a motion to modify.
• If you are in jail, call only your lawyer about the case.

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 be arrested if the alleged victim contacted me first?

Yes. The order binds the defendant, not the protected person, so replying to a call or text the protected person started can still be treated as a violation. The Brancato Law Firm tells clients to save that message and send it to us, because proof that the other person initiated contact matters in court even though it is not a complete defense.

Does the new Florida no-contact law apply to domestic violence cases?

Domestic and dating violence cases are still handled under the older laws, sections 741.29(7) and 784.046(15), which already made a pretrial release violation a first-degree misdemeanor. Our attorneys at The Brancato Law Firm defend those cases through our Tampa domestic violence defense attorney practice, and the defenses on notice and willfulness apply the same way.

Can I be charged for a no-contact violation that happened before October 1, 2026?

No, not under section 903.0472, because the law applies only to conduct on or after its effective date. The Brancato Law Firm checks the date of every alleged contact, since earlier conduct in a non-domestic case can support bond revocation but not a new charge under this statute.

How long can I be held after a no-contact violation arrest in Hillsborough County?

You are held until first appearance, which must take place within 24 hours of arrest, and the judge may then order pretrial detention or set new conditions. Our attorneys at The Brancato Law Firm prepare compliance records and release plans for that hearing, and our violent crimes defense team handles the underlying case at the same time.

Is it a violation to be within 500 feet of the protected person by accident?

The State must prove the violation was willful, so an accidental encounter that you leave right away is a strong defense. The Brancato Law Firm gathers location data, receipts, and witness statements to show when a client was somewhere for an innocent reason and what the client did once he or she saw the protected person.

Will a no-contact violation charge hurt my main case?

Yes, in most cases it does. A new charge can lead to bond revocation, gives the prosecutor leverage in plea talks, and may add points to a scoresheet. Our attorneys at The Brancato Law Firm defend the violation charge and the underlying case together, as described in our guide on how to fight a domestic violence battery charge.

Talk to a Tampa Defense Lawyer Before the Next Hearing

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

A first appearance hearing happens within 24 hours of a no-contact arrest, so the time to prepare is now. Our attorneys will review the written order, the jail call records, and the bond paperwork, and we will be ready to argue for release. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients 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.

A Florida prosecutor charging a lewd exhibition case has always had to answer one question first: did the child see or sense what happened? As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a former Major Crimes Unit attorney who handled homicide, sex crime, and child abuse cases, 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 tried cases where that question decided everything. On October 1, 2026, the Legislature took that question away for a new category of cases, and our attorneys are already adjusting how we defend them.

This guide covers what the new law prohibits, the 1992 Florida Supreme Court decision behind it, how the bill changed in committee, what it means for plea negotiations and registration, and how these charges are defended.

What Does Florida’s New Section 800.035 Prohibit?

Section 800.035, Florida Statutes, creates the crime of “indecent exposure of sexual organs while observing a child.” A person commits it if, while observing a child under 16 for the purpose of his or her own sexual arousal or gratification, the person does either of two things:

• Intentionally exposes his or her sexual organs in a lewd or lascivious manner; or
• Intentionally performs any sexual act that does not involve physical or sexual contact with the child, including masturbation, sadomasochistic abuse, sexual bestiality, or simulated sexual activity.

The statute defines “observing” as “intentionally viewing another person under circumstances in which the offender is reasonably capable of being seen by the person being viewed.” It then adds the key sentence: it is not a defense that the child “was not aware of any specific conduct on the part of the offender or did not see the offender’s sexual organs.”

The offense is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Two exceptions apply: a mother breastfeeding her baby, and a person who is merely nude in a place set apart for nudity. The law was passed as CS/CS/HB 1525, signed on June 16, 2026, and published as chapter 2026-159, Laws of Florida.

Why Did Florida Create This Law?

Florida created section 800.035 to reach conduct that the existing lewd exhibition statute could not. Lewd or lascivious exhibition under section 800.04(7) requires the act to happen “in the presence of” a child under 16. The Florida Supreme Court has read that phrase to require proof that the child actually perceived the act.

That rule comes from State v. Werner, 609 So. 2d 585 (Fla. 1992). Martin Werner of Broward County took his 13-month-old daughter into a locked bathroom for half an hour and later told his wife he had been masturbating while caring for the child. A jury convicted him, but the appeals court reversed because the State had not proved the baby was aware of the act. The Supreme Court agreed, holding that “the child must see or sense that a lewd or lascivious act is taking place for a violation to occur,” even if the child cannot understand or describe it.

For more than 30 years, Werner gave the defense a factual question to fight in every exhibition case: was the child asleep, facing away, or too far away to notice? Supporters of HB 1525 targeted exactly that. Representative Doug Bankson, the House sponsor, told CBS12 that the bill was partly prompted by an incident in his district and that the conduct can “scar a child for life.” Former Palm Beach County State Attorney Dave Aronberg told the station the conduct can escalate if it goes unpunished.

The new crime does not overrule Werner for section 800.04(7). A prosecutor charging the more serious second-degree felony still has to prove the child perceived the act. Section 800.035 is a separate, lower-level crime built for the cases Werner screened out.

How Did HB 1525 Change in the Legislature?

The bill changed shape twice before it passed, and it passed without a single “no” vote. Representative Doug Bankson sponsored the House bill with Representative Yarkosky. The Senate companion, SB 1742, was sponsored by Senator Jonathan Martin.

The first Senate committee substitute created a felony for lewd acts “while viewing” a child and repealed section 800.02. The second Senate substitute renamed the crime “indecent exposure of sexual organs while observing a child,” replaced “viewing” with the narrower defined term “observing,” and added the sentence that a child’s lack of awareness is no defense. The House Judiciary Committee adopted the same name and repealed section 800.02 in its version.

Vote tallies come from the official bill history and the Senate and House staff analyses. The Criminal Justice Impact Conference, the Legislature’s prison forecasting group, estimated a “positive indeterminate” effect on prison beds, meaning more prison admissions in a number it could not predict.

How Common Are These Charges in Florida?

Lewd exhibition charges are a small but steady part of Florida’s sex crime caseload. According to the Senate Fiscal Policy Committee’s analysis of SB 1742, which relied on Florida Department of Law Enforcement and Department of Corrections data compiled by the Office of Economic and Demographic Research, Florida recorded these numbers in fiscal year 2024-25:

The same analysis reports 34 new prison commitments for lewd exhibition offenses in that year, and a 9.7% incarceration rate for a Level 1 third-degree felony, the level the new crime is expected to score at. In plain terms, most people convicted of a Level 1 felony in Florida are not sent to state prison, but a felony conviction on a sex offense still follows them for life.

Does the New Crime Require Sex Offender Registration?

No. Section 800.035 is not on the list of registrable offenses in section 943.0435, Florida’s sexual offender registration statute. Section 800.04 is on that list, so a conviction for lewd or lascivious exhibition under section 800.04(7) requires lifetime registration, while a conviction under section 800.035 does not.

The new offense is also not on the list of crimes that trigger the mandatory sex offender probation conditions in section 948.30, such as curfews, residence restrictions, and no unsupervised contact with minors. A judge can still impose special conditions that relate to the offense, but they are not automatic.

In our view, that gap makes section 800.035 a significant new plea option. Before October 1, 2026, a defendant facing a lewd exhibition charge often had to choose between trial and a plea that carried registration. Now there is a felony that addresses the same conduct without registration. Whether prosecutors at the Hillsborough County State Attorney’s Office will offer it in a given case depends on the facts, but our attorneys will ask for it whenever the evidence of the child’s awareness is weak.

What Happened to Section 800.02?

HB 1525 repealed section 800.02, Florida’s “unnatural and lascivious act” law, effective October 1, 2026. That statute made it a second-degree misdemeanor, punishable by up to 60 days in jail, to commit an unnatural and lascivious act with another person. Florida courts treated it as a lesser included offense of lewd or lascivious charges under section 800.04, which meant a jury could return it as a compromise verdict.

In our experience, prosecutors almost never filed section 800.02 as a charge. Its real value was at trial. Because it was a lesser included offense with a name that sounds nearly as bad as lewd or lascivious, a jury looking for a compromise could choose it without knowing it was a non-sex misdemeanor with no registration requirement. For defense attorneys trying certain lewd or lascivious cases, it was a hidden gem, and its repeal takes that compromise verdict off the table for conduct on or after October 1, 2026.

The repeal removes that misdemeanor option for conduct on or after October 1, 2026. The Legislature’s fiscal analysts predicted the change could push more cases toward the more serious lewd or lascivious offenses. Charges for conduct before October 1, 2026 are not wiped out, because Article X, section 9 of the Florida Constitution provides that repealing a criminal statute does not affect prosecution or punishment for a crime already committed.

How Do You Fight an Indecent Exposure While Observing a Child Charge?

The State must prove intent, purpose, observation, and age beyond a reasonable doubt, and each element gives the defense room to work. Our Tampa sex crimes lawyer team focuses on these issues:

1. Purpose of sexual gratification. The State must prove the person was observing the child “for the purpose of his or her own sexual arousal or gratification.” Changing clothes, urinating, or being nude at home is not this crime without that purpose. Purpose is usually proved with circumstantial evidence, and circumstantial evidence can be challenged.
2. Observation. The person must have intentionally viewed the child under circumstances where the person was “reasonably capable of being seen” by the child. Distance, lighting, window tint, blinds, and sight lines matter. Our attorneys visit and photograph the scene.
3. Lewd or lascivious exposure. Nudity alone is not enough. The statute requires intentional exposure “in a lewd or lascivious manner,” and the State must prove both the intent and the lewd character of the exposure.
4. Age of the child. The child must be under 16. That element requires proof, usually through records or testimony.
5. Identity. Many of these cases begin with a neighbor’s report or a home security camera. Video quality, time stamps, and the reliability of an identification are all open to challenge.
6. Date of the conduct. Section 800.035 applies only to conduct on or after October 1, 2026. Earlier conduct must be charged under the laws in effect at the time.

These cases often start with an investigation before any arrest. If a detective has called you or a neighbor has made an accusation, representation before charges are filed gives our attorneys a chance to present context to the State Attorney’s Office before a filing decision.

Does Exposure Lead to Hands-On Offending?

Supporters of the law argued that non-contact offending can escalate, and research gives that argument partial support. In a long-term study published in the Journal of the American Academy of Psychiatry and the Law in 2006, Philip Firestone and colleagues followed 208 men assessed for exhibitionism at an Ottawa clinic for an average of 13 years. During follow-up, 23.6% were charged with or convicted of a new sexual offense, and 19 of the 49 men who reoffended sexually committed a hands-on offense.

The same study found that most men in the sample were not charged with a new sexual offense, and the strongest predictors of reoffending were measurable risk factors. That is why a professional psychosexual evaluation is often central to mitigation in these cases. Our attorneys at The Brancato Law Firm use qualified evaluators to give prosecutors and judges an individual risk picture rather than a general assumption.

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

Frequently Asked Questions

Is it a crime in Florida if the child never saw anything?

Yes, under section 800.035, as long as the State proves the other elements, including that the person was observing the child for sexual gratification and could reasonably have been seen. The Brancato Law Firm focuses on the observation and purpose elements in these cases, because the child’s awareness is no longer a defense to this charge.

Do I have to register as a sex offender for a section 800.035 conviction?

No. Section 800.035 is not listed in section 943.0435, so a conviction does not trigger sexual offender registration, though other consequences of a felony conviction still apply. Our attorneys at The Brancato Law Firm explain the full collateral picture before any plea, and our guide to sex offender registration in Florida covers which offenses do require it.

Can a lewd exhibition charge be reduced to the new offense?

It can, if the prosecutor agrees and the facts support it, because section 800.035 covers similar conduct at a lower degree and without registration. The Brancato Law Firm raises that option in negotiations when the evidence that the child perceived the act is weak, as described in our guide on how to fight a lewd and lascivious charge.

Is being naked in my own home illegal under the new law?

No, not by itself. The State must prove intentional lewd exposure or a sexual act while observing a child for sexual gratification, under circumstances where the child could reasonably see you. Our attorneys at The Brancato Law Firm look closely at cases built on a single moment seen through a window, because context is often the whole defense.

What is the penalty for indecent exposure in front of an adult in Florida?

Exposure of sexual organs under section 800.03 is a first-degree misdemeanor for a first offense, punishable by up to one year in jail, and a third-degree felony for a second or later offense. The Brancato Law Firm defends exposure charges in Hillsborough, Pinellas, and Pasco Counties, and our sex crimes defense attorneys review whether the conduct was actually lewd.

What happens to pending section 800.02 cases?

They continue. The Florida Constitution provides that repealing a criminal statute does not affect prosecution for crimes already committed, so conduct before October 1, 2026 is still governed by the law in effect at the time. In a lewd or lascivious trial for conduct before that date, our attorneys at The Brancato Law Firm will ask for the section 800.02 lesser included instruction, because it gives the jury a non-sex misdemeanor option.

Talk to a Tampa Sex Crimes Defense Lawyer Today

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

What you say to a detective in the first days of an exposure investigation can become the State’s proof of purpose. Before you answer questions, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the allegation, the scene, and any video, and we will advise you on whether to speak at all. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

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

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

As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have watched gang labels follow young clients from their first arrest through sentencing. Florida’s new gang law makes that label easier to apply, and much of the new proof will come from phones and social media accounts. Our attorneys now treat a client’s online history as evidence to review on day one of any case where a gang allegation is possible.

This guide explains what HB 429 (chapter 2026-156, Laws of Florida) changed, why the Legislature split along party lines on it, what a gang label actually does to a criminal case, and how the allegation is challenged.

What Changed in Florida’s Gang Member Definition?

HB 429 rewrote the list of criteria in section 874.03(3), Florida Statutes. The two-criteria minimum stayed the same, but the list grew and several criteria became easier to meet.

The law also adds a definition of “gang-related language”: any verbal or written statement “that signals gang affiliation, supports gang activity, or uses recognized gang codes, symbols, or terminology associated with criminal organizations.” Written statements expressly include “any digital or electronic statements,” including social media posts.

The other criteria did not change. They include identification by a documented reliable informant, adopting a gang’s style of dress or hand signs, gang tattoos, associating with known gang members, identification by a corroborated untested informant, and physical evidence.

Can One Social Media Post Make Someone a Gang Member?

Possibly. Section 874.03(3) has long provided that when “a single act or factual transaction satisfies the requirements of more than one of the criteria,” each of those criteria is satisfied. Before October 1, 2026, that rule mattered mostly for tattoos and clothing. Now it applies to online speech.

In our reading of the statute, a single post in which a person claims a gang, uses its terminology, and references its activity could be argued to satisfy three criteria at once: an online admission, authoring a communication indicating gang affiliation, and using gang-related language on social media. Two criteria are enough. Whether a court accepts that argument in a particular case will depend on the post, its context, and whether the State can prove who wrote it.

The lower threshold for observation also matters. Being seen with known gang members two times, instead of four, now counts as a criterion. Observations inside a jail or prison count only if the association was “willful,” because the Legislature wanted to reach gang recruiting in custody without punishing people for who they are housed with.

Why Did Florida Pass HB 429?

Supporters said the law brings Florida’s gang statute into the social media era. The Senate sponsor, Senator Jonathan Martin of Fort Myers, told the Senate the bill “modernizes Florida’s gang statutes to reflect how gangs operate today,” according to the Florida Phoenix. He also emphasized that being in a gang is still not a crime and that two criteria must still be met.

The bill drew more opposition than most criminal justice bills this session. The House passed it 100 to 7 on February 4, 2026, but the Senate vote on March 10, 2026 was 29 to 9, largely along party lines. In Senate committees the votes were 6 to 2 in Criminal Justice, 5 to 3 in the Appropriations Committee on Criminal and Civil Justice, and 12 to 6 in Fiscal Policy. Governor DeSantis signed the bill on June 16, 2026. Vote tallies come from the official bill history and the Senate companion’s history.

Critics’ concerns track a body of research on how police read social media. In a 2017 article in the journal Social Media + Society, Columbia University researcher Desmond Patton and colleagues described social media policing as a form of “everyday racism in digital policing,” citing cases such as a New York teenager held at Rikers Island for 19 months in part because of his Facebook activity. Their point is that slang, music, and photos posted by young people are easy to misread as proof of gang activity.

How Often Are Gang Enhancements Used in Florida?

Rarely, at least on paper. According to the Senate Criminal Justice Committee’s analysis of SB 536, the Florida Department of Law Enforcement reported no arrests and no convictions for gang-related penalty enhancements under section 874.04 in fiscal year 2024-25, and the Department of Corrections reported no new prison commitments under that section. FDLE reported 15 arrests for other chapter 874 felonies that year.

Gang labels show up more often after sentencing. The same analysis reports that of 469 people admitted to Florida prisons with life sentences in fiscal year 2024-25, the Department of Corrections listed 67 as gang members and 25 as gang associates. The Legislature’s economists projected a “positive indeterminate” prison bed impact from HB 429, meaning more prison time in an amount they could not estimate.

Those numbers suggest the new criteria may matter less as a separate charge and more as pressure: in bond arguments, in plea negotiations, and in how a defendant is classified once in custody.

What Does a Gang Label Do to a Criminal Case?

A gang allegation can raise the maximum penalty, change the scoresheet, and delay release. These are the main consequences under Florida law:

• Reclassification. Under section 874.04, if the factfinder finds beyond a reasonable doubt that the defendant committed the offense “for the purpose of benefiting, promoting, or furthering the interests of a criminal gang,” the offense can be punished one degree higher. A third-degree felony becomes punishable as a second-degree felony, and a first-degree felony as a life felony.
• Scoresheet multiplier. Florida’s sentencing code applies a gang multiplier to the primary offense points when the enhancement applies, which can raise the lowest permissible sentence.
• No bond before first appearance. Under section 903.046(2)(l), a defendant charged with a chapter 874 crime, or with a crime alleged to be subject to gang enhancement, “is not eligible for release on bail or surety bond until the first appearance.”
• Separate gang crimes. Chapter 874 also punishes recruiting gang members and directing gang activity as standalone felonies.

Our guide to how a bond hearing works in Tampa explains how judges weigh these allegations when setting release conditions.

Is Gang Membership Alone Enough for an Enhancement?

No. The Florida Supreme Court settled that in State v. O.C., 748 So. 2d 945 (Fla. 1999). O.C., an Orlando-area juvenile, was found guilty of attempted aggravated battery and battery, and the trial court bumped the felony up a degree because it found O.C. was a gang member. The Supreme Court struck down that version of section 874.04, holding that it punished “gang membership without requiring any nexus between the criminal activity and gang membership,” which violated substantive due process.

The current statute was rewritten to require that nexus. The State must prove beyond a reasonable doubt that the crime was committed to benefit, promote, or further the gang. HB 429 makes membership easier to prove, but it did not change the nexus requirement. That is where many gang enhancements can be defeated.

The First Amendment adds another limit. In Dawson v. Delaware, 503 U.S. 159 (1992), the U.S. Supreme Court set aside a ruling that upheld a death sentence, because the prosecution told the sentencing jury the defendant belonged to a white racist prison gang without connecting that membership to the crime or any issue in sentencing. The Court held the evidence was “totally without relevance,” while making clear that association evidence can be admitted when it is relevant. The rule for defense lawyers is the same as in O.C.: membership without connection to the crime is not proof of anything.

How Do You Fight a Gang Allegation Based on Social Media?

Social media evidence has to be authenticated, interpreted, and connected to the crime, and each step can be challenged. Our Tampa violent crimes lawyer team works through these questions:

1. Who wrote it? Accounts are shared, hacked, and impersonated. The State must authenticate a post as the defendant’s before it can be used, which usually requires more than a profile name and photo.
2. What does it mean? Song lyrics, slang, neighborhood pride, and jokes are not admissions. The criterion requires gang-related language used “in furtherance of criminal gang-related activity,” not just language that sounds like it. A defense expert can explain context that a detective may miss.
3. Is there a “criminal gang” at all? The State must prove the group is an ongoing organization with three or more members whose primary activities include criminal acts. A neighborhood friend group with a name is not automatically a criminal gang.
4. Is each criterion independently proved? A spouse’s identification, an informant’s tip, and a detective’s observations all have to be proved with admissible evidence. Florida’s spousal privilege in section 90.504 protects confidential communications between spouses, which can limit what a spouse may repeat.
5. Where is the nexus? Even a proven member cannot receive an enhancement unless the State proves the specific crime benefited the gang.
6. Should the jury hear it at all? Gang evidence is highly prejudicial. Our attorneys file motions in limine to keep gang references out of trial when they are not needed to prove an element.

Gang investigations often begin long before an arrest. If you have been contacted by a detective about a group or a social media account, representation before charges are filed lets our attorneys respond before the State decides what to charge.

What Should You Do About Your Social Media Now?

Assume detectives can see anything you post publicly, and think about how a stranger would read it. These steps reduce risk without hiding evidence:

• Do not post, like, or repost content that claims a group, uses its symbols, or references crimes, even as a joke or song lyric.
• Review your privacy settings and who can see your posts and stories.
• Do not delete content after you learn of an investigation or arrest; that can be charged as tampering with evidence. Talk to a lawyer first.
• Do not accept friend or follow requests from people you do not know.
• If you are arrested, do not discuss the case or your associations on jail phones or messaging apps.

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

Frequently Asked Questions

Is it illegal to be in a gang in Florida?

No. Florida does not make gang membership a crime by itself, but membership can lead to enhanced penalties when a crime is committed to benefit a gang, and chapter 874 punishes recruiting and directing gang activity. The Brancato Law Firm challenges gang allegations at the bond stage, in plea negotiations, and at trial.

Can rap lyrics be used as gang evidence in Florida?

They can be offered as evidence, but the State must show the lyrics are relevant to the charged crime, and a judge can exclude them when their unfair prejudice outweighs their value. Our attorneys at The Brancato Law Firm move to exclude creative expression that the State uses only to suggest bad character.

Can my spouse identify me as a gang member?

Yes. Since October 1, 2026, identification by a spouse who lives with you is one of the 13 criteria, though it counts only if a second criterion is also proved. The Brancato Law Firm examines whether a spouse’s statement rests on privileged confidential communications or on reliable personal knowledge.

Does the new gang law apply to old social media posts?

The enhanced penalties apply only to crimes committed on or after October 1, 2026, but the statute does not say whether posts made before that date can be used to prove membership. Our attorneys at The Brancato Law Firm will argue that pre-October 2026 posts cannot be used to satisfy criteria that did not exist when they were posted.

Can a juvenile be labeled a gang member in Florida?

Yes. Section 874.04 applies to delinquent acts as well as adult crimes, and the same membership criteria apply to juveniles. The Brancato Law Firm defends juveniles in Hillsborough County, where a gang allegation can affect detention decisions and the disposition of the case.

Does a gang allegation affect bond in Hillsborough County?

Yes. When the State alleges a gang enhancement, the defendant cannot bond out on a schedule and must wait for a judge at first appearance, where the allegation is weighed in setting conditions. Our attorneys at The Brancato Law Firm prepare to contest the gang allegation at that first hearing, through our violent crimes defense practice.

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

Talk to a Tampa Violent Crimes Lawyer Today

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

A gang allegation can keep someone in jail until first appearance and double the stakes of a case. Our attorneys will review the arrest report, the social media evidence, and every criterion the State relies on, and we will be ready to argue at the first hearing. 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.

Anyone who finished a prison releasee reoffender or habitual violent felony offender sentence in Florida is now living under stricter rules than the day they walked out. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have spent more than 25 years in Hillsborough County courtrooms, including as 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 a sentencing designation chosen in a plea conference follows a person for life. Our attorneys look at registration consequences before any plea that could carry one of these designations.

This guide explains what SB 1332 (chapter 2026-151, Laws of Florida) changed, who it covers, why the Legislature acted, and how career offender registration charges are defended.

Who Has to Register as a Career Offender in Florida?

A “career offender” under section 775.261, Florida Statutes, is anyone designated as one of four types of repeat offender:

• A habitual violent felony offender under section 775.084.
• A violent career criminal under section 775.084, sometimes called a “GORT” sentence.
• A three-time violent felony offender under section 775.084.
• A prison releasee reoffender under section 775.082(9), the designation for someone who commits a listed violent felony within three years of release from prison.

Registration is triggered by the designation, not by the crime. Two people convicted of the same robbery can face completely different futures depending on whether the State sought, and the court imposed, a PRR or habitual offender designation. Our guide on what a prison releasee reoffender is in Florida explains how that designation works.

The duty lasts for life. A career offender may petition the circuit court for removal only after being released from confinement, supervision, or sanction for at least 20 years without any arrest for a felony or misdemeanor. A full pardon or a conviction set aside in postconviction proceedings also ends the requirement.

What Did SB 1332 Change on October 1, 2026?

SB 1332 rewrote the act to make career offender registration work much more like sex offender registration. These are the major changes:

The 3-day rule is the change most likely to catch people. A “temporary residence” now includes any place a career offender stays for 3 or more days in the aggregate during a calendar year, including vacations and business trips in or out of Florida. The first day is not counted, and any part of a calendar day counts as a day. A long weekend at a relative’s house can now trigger a reporting duty.

The law also requires anyone who leaves Florida to report in person at least 48 hours before departing. A person who reports an intent to vacate a residence but stays, and then fails to report within 48 hours, commits a second-degree felony punishable by up to 15 years in prison.

Why Did Florida Tighten Career Offender Registration?

The Legislature’s stated goal was to make the career offender rules similar to the sex offender rules and to close compliance gaps. According to the Senate Fiscal Policy Committee’s analysis of SB 1332, Florida has more than 20,000 registered career offenders. About 6,800 live in the community, and about 1,200 had absconded or were at unknown locations when the bill was filed.

The act itself dates to 2002 and took effect January 1, 2003. The Senate analysis describes registration as “merely a status” and “not a punishment,” the same legal theory courts have used to uphold sex offender registration. That characterization matters, because it is the reason registration can be imposed and expanded without the protections that apply to criminal sentences.

SB 1332 was sponsored by Senator Jonathan Martin, and the House companion was HB 931 from the Criminal Justice Subcommittee. It passed with little opposition:

Vote tallies come from the official bill history. Governor DeSantis signed the bill on June 16, 2026.

Do Offender Registries Reduce Crime?

The research on registries is mixed at best, and most of it concerns sex offender registries rather than career offender lists. In an influential study published in the Journal of Law and Economics in 2011, economist Amanda Agan analyzed state and national data and found little evidence that sex offender registries reduced sex offenses or that registered offenders reoffended less. Florida has not published an evaluation of whether career offender registration reduces violent crime.

What the data does show is that enforcement produces prison sentences. The same Senate analysis reports 38 new prison commitments in fiscal year 2024-25 for failing to register or report under section 775.261. It also reports a 9.7% incarceration rate for a Level 1 third-degree felony and a 27.4% rate for a Level 4 second-degree felony, the levels these registration crimes generally score at. Because SB 1332 makes every missed report a separate offense, those numbers are likely to rise.

What Are the Penalties for Failing to Register as a Career Offender?

Most registration failures are third-degree felonies, punishable by up to five years in prison and a $5,000 fine. Section 775.261 lists the conduct that qualifies, including failing to register, failing to reregister, failing to report a change of address, job, phone number, or vehicle, failing to answer address verification mail within 3 weeks, and knowingly giving false information. The statute adds that “each instance of failure to register or report changes to the required information” is a separate offense.

The “assisting” crime affects family members. A spouse, parent, or roommate who has reason to believe a career offender is out of compliance and hides the person or gives police false information, with intent to help the person avoid law enforcement, can now be charged with a felony.

How Do You Fight a Career Offender Registration Charge?

Registration cases turn on status, notice, and proof of the specific failure. Our Tampa violent crimes lawyer team checks these issues first:

1. Is the person actually a career offender? The duty depends on a designation in the judgment. In Mederos-Morales v. State, 222 So. 3d 1234 (Fla. 5th DCA 2017), a Putnam County man who pleaded to failing to register as a career offender claimed he did not meet the definition. The appeals court said his postconviction motion had to address every possible designation, including prison releasee reoffender, and gave him a chance to amend. The lesson is that the judgment and sentence must be read line by line.
2. Was the designation properly removed? In McDonald v. State, 40 So. 3d 849 (Fla. 3d DCA 2010), the State agreed to waive a violent career criminal enhancement before the defendant’s plea. The Third District held that he “should have received a new sentence without requiring career offender registration” and reversed. When a designation is waived, the registration requirement should go with it.
3. Did the person know about the new rules? Many career offenders were released years ago and have never been told about the 3-day rule, the birth-month reregistration, or the license marking. Notice and knowledge are often central defenses.
4. Can the State prove the residence? The State must prove the person stayed at a place long enough to trigger a duty. Hotel records, phone data, and witness accounts often conflict.
5. Is each count supported? Because each failure is a separate offense, prosecutors may file multiple counts from one lapse. Our attorneys challenge counts that duplicate the same conduct.

How Can You Avoid a Career Offender Designation in the First Place?

The best time to address career offender registration is before sentencing. A PRR or habitual offender designation is often a choice the State makes in charging and plea negotiations. Our attorneys negotiate for sentences without those designations when the facts allow, and we explain the lifetime registration consequence to every client before a plea. Our guide on what happens if you reject a plea deal in Florida explains how those negotiations work.

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

How long do career offenders have to register in Florida?

For life, unless the person receives a full pardon, has the qualifying conviction set aside, or petitions for removal after at least 20 years since release with no arrests. The Brancato Law Firm reviews eligibility for removal and the paperwork needed to support a petition.

Do I have to report a vacation as a career offender?

Yes, if you stay somewhere for 3 or more days in the aggregate during a calendar year, because that place becomes a temporary residence under the new definition. Our attorneys at The Brancato Law Firm advise registrants to report travel in advance rather than risk a felony for a family trip.

Is the career offender list public in Florida?

Yes. FDLE maintains a public registry, and the information may be released by any appropriate means, including online and by phone. The Brancato Law Firm explains to clients what information will be public before any plea that carries a career offender designation.

Can my family get in trouble for helping me?

Yes, if they hide you, harbor you, or give false information to police with intent to help you avoid law enforcement while you are out of compliance, which is now a third-degree felony. Our attorneys at The Brancato Law Firm defend family members charged with assisting as well as the registrant.

What does “775.261, F.S.” on my driver license mean?

It identifies the license holder as a registered career offender under section 775.261, and since October 1, 2026, career offenders must obtain a license or ID with that marking. The Brancato Law Firm helps clients confirm whether they are actually required to carry the marking, through our violent crimes defense practice.

Can I still be charged under the old rules for something before October 1, 2026?

Yes, for conduct that violated the rules in effect at the time, but the new 48-hour and 3-day requirements apply only to conduct on or after October 1, 2026. Our attorneys at The Brancato Law Firm compare the dates of every alleged failure to the law in effect when it happened.

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

Talk to a Tampa Defense Lawyer About Career Offender Registration

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

A missed report can become a new felony, so the time to get advice is before the deadline. Our attorneys will review your judgment, your designation, and your reporting history, and we will tell you exactly what the new law requires of you. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

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

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

A prosecutor deciding how to charge an animal cruelty case in Florida now has to ask a new question: was a child there? 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 animal cruelty charges arise from family fights, neighbor disputes, and hoarding situations where children live in the home. Under the new law, a child’s presence can turn one felony into two, and our attorneys now investigate who was in the room as carefully as what happened to the animal.

This guide covers what HB 559 (chapter 2026-78, Laws of Florida) changed, why the Legislature passed it without a single “no” vote, what the new public database means for plea decisions, and how these charges are defended. For the basics of Florida animal cruelty law, see our guide to whether animal cruelty is a felony in Florida.

What Did HB 559 Make a Crime?

HB 559 created three new third-degree felonies, each punishable by up to five years in prison and a $5,000 fine. Each applies to a person 18 or older who “causes or entices a minor to commit, or in the presence of a minor commits,” one of these offenses:

The levels come from the House Judiciary Committee’s analysis of HB 559. They matter because most third-degree felonies that are not specifically ranked score at Level 1. A Level 6 or Level 7 primary offense adds far more points to a scoresheet and makes a prison sentence much more likely. The bill also moved animal fighting or baiting itself from Level 1 to Level 5.

Only aggravated cruelty under section 828.12(2) triggers the new animal cruelty felony. Simple cruelty under section 828.12(1), a first-degree misdemeanor, does not, even if a child is present. Aggravated cruelty generally involves intentionally committing an act that results in the cruel death or excessive or repeated infliction of unnecessary pain or suffering, or knowingly and intentionally torturing or tormenting an animal.

Why Did Florida Pass HB 559?

Lawmakers framed the bill around the connection between animal abuse and violence against people, especially children. Research on that connection goes back decades. In a frequently cited 1998 study in the Journal of Emotional Abuse, psychologist Frank Ascione surveyed women at a shelter for battered partners and found that 71% of those who had pets reported that their partner had threatened, hurt, or killed a pet. Among the women with children, 32% reported that a child had hurt or killed a pet.

The House sponsors were Representative Linda Chaney of St. Pete Beach, in Pinellas County, and Representative Johanna López of Orlando. Senator Kristen Arrington of Kissimmee sponsored the identical Senate bill, SB 676. The bill was bipartisan from start to finish:

Governor DeSantis signed the bill on May 12, 2026, at Big Dog Ranch Rescue in Loxahatchee, saying, according to the Floridian Press, that “Florida has become a leader in protecting animals and holding accountable those who harm them.” Vote tallies come from the official bill history and the House staff analysis.

What Is Florida’s Animal Abuser Database?

Florida’s animal abuser database is a public, searchable FDLE website that must be live by January 1, 2027. It began with Dexter’s Law in 2025, explained in our post on Florida’s Dexter’s Law, and HB 559 expanded it. Under section 828.12(9), the site will show each person’s name, aliases, date of birth, race, county of conviction, charges, case numbers, dispositions, identifying marks and tattoos, and booking photograph.

The database covers anyone “convicted of, or who has entered a plea of guilty or nolo contendere to, regardless of adjudication,” a violation of section 828.12. That last phrase is the most important part for anyone negotiating a plea. A withhold of adjudication, which normally lets a person truthfully say they were not convicted, will not keep a name off this list.

HB 559 also requires clerks of court and county jails to send this information to FDLE, and it requires FDLE to remove a listing within 30 days after receiving a petition with documentation that the conviction was overturned or the record was sealed.

What Happens When a Minor Commits Animal Cruelty?

The juvenile court must order a psychological evaluation. Under section 828.12(5), if a minor commits animal cruelty under section 828.12(1) or (2), the court “must order the minor to undergo a psychological evaluation and, if recommended, receive counseling or treatment” for as long as the court prescribes. Parents or guardians pay for it, with waivers for families who cannot afford it, and a parent who willfully refuses to cooperate can be held in contempt.

For families, the evaluation is not only a requirement but also an opportunity. A thoughtful evaluation can show a judge that a child’s conduct came from trauma, a disability, or an abusive household rather than a fixed pattern. Our attorneys work with families to make sure the evaluator has the full picture.

How Do You Fight an Animal Cruelty Charge Involving a Child?

The State must prove the underlying aggravated offense and the child-related element, and both can be challenged. Our Hillsborough County criminal defense attorney team focuses on these points:

1. Was it aggravated cruelty at all? The new felony requires a violation of section 828.12(2). If the conduct was simple cruelty or neglect, the child-presence felony does not apply. Veterinary records and expert testimony often decide this line.
2. What does “in the presence of” mean? The statute does not define it. In other Florida statutes, the Florida Supreme Court has read “presence” to require that the child see or sense the act, as in State v. Werner, 609 So. 2d 585 (Fla. 1992), which interpreted the lewd conduct statute. Whether courts apply that reading to animal cruelty is an open question, and our attorneys will argue that it should.
3. Was the person 18 or older, and was the child under 18? Both ages are elements the State must prove.
4. Did the defendant cause or entice the child? For the “causes or entices” version, the State must prove the adult’s conduct led the child to act, not just that both were present.
5. Who is the witness? Many of these cases depend on a child’s statement, sometimes made during a custody dispute or family conflict. Forensic interviews and motives to fabricate are fair subjects for investigation.

What Should You Consider Before Pleading to Animal Cruelty?

Consider the database before anything else. Because any plea to a section 828.12 offense puts a person on a public FDLE website, even with adjudication withheld, the charge you plead to may matter more than the sentence. Our attorneys look for resolutions that avoid a section 828.12 plea where the facts allow, such as a diversion program, a plea to a different offense, or a dismissal after restitution and an evaluation. Each case is different, and prosecutors are not required to agree.

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

Frequently Asked Questions

Is it a felony to hurt a pet in front of a child in Florida?

It is a third-degree felony if the conduct is aggravated animal cruelty and the person is 18 or older, under section 828.12(4) as of October 1, 2026. The Brancato Law Firm examines whether the conduct actually meets the aggravated standard, because simple cruelty in front of a child does not trigger the new felony.

Will a withhold of adjudication keep me off the animal abuser list?

No. The database includes anyone who pleads guilty or no contest to a section 828.12 violation “regardless of adjudication.” Our attorneys at The Brancato Law Firm review alternatives to a section 828.12 plea before any client decides how to resolve the case.

When will Florida’s animal abuser database go online?

FDLE must post the searchable database by January 1, 2027. The Brancato Law Firm advises clients with pending cases now, because a plea entered today can lead to a public listing as soon as the site launches.

Can a juvenile be put on the animal abuser database?

The database covers people convicted of or pleading to section 828.12 violations, and the statute does not separately address juvenile adjudications, so families should get advice before any juvenile plea. Our attorneys at The Brancato Law Firm defend juveniles in Hillsborough County and explain how the mandatory evaluation affects the case.

How can I get removed from the animal abuser database?

Listings come off automatically after 3, 5, or 10 years depending on the record, and FDLE must remove a listing within 30 days of a petition showing the conviction was overturned or the record was sealed. The Brancato Law Firm helps eligible clients pursue the postconviction relief or sealing that supports removal.

What are the local fines for animal control violations now?

HB 559 raised the maximum civil fines counties and cities may impose for animal control violations from $500 to $2,500 for a first violation, $5,000 for a second, and $7,500 for a third or later violation. Our attorneys at The Brancato Law Firm handle the criminal side of animal cases, and a large civil fine can be a sign that a criminal charge may follow.

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

Talk to a Tampa Criminal Defense Lawyer Today

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

The plea you choose in an animal cruelty case can put your name and photograph on a public website for years. Before you accept any offer, our attorneys will review the veterinary evidence, the witnesses, and every alternative to a section 828.12 plea. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients 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.

Most fraud cases are won or lost on intent, and rental application cases will be no different: the question is whether a person knowingly lied or simply made a mistake on a form. 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 defended fraud and identity cases in Hillsborough County courtrooms for more than 25 years. Our attorneys read every word of the application and every document the landlord relied on before anything else.

This guide explains what HB 1293 (chapter 2026-143, Laws of Florida) made a crime, what it did not, why the Legislature passed it unanimously, and how these charges are defended.

What Does Florida’s New Rental Fraud Law Prohibit?

Section 817.537, Florida Statutes, titled “Fraudulent entry of a residential dwelling unit,” provides that a person may not “enter into and take possession of a residential dwelling unit” by knowingly and willfully doing any of three things:

1. Lying about identity in writing. Making, or causing to be made, a materially false written statement “relating to the person’s identity” in a rental application for a residential tenancy.
2. Using fake documents. Presenting forged, fictitious, or counterfeit documents to the landlord, “including, but not limited to, a driver license, an identification card, a bank statement, or a paystub.”
3. Impersonation. Impersonating another person in whose name a rental application is submitted, in order to sign a lease or take possession.

A violation is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. The law took effect October 1, 2026, after Governor DeSantis signed it on June 12, 2026.

What Does the New Law Not Cover?

The law is narrower than many news reports suggest, and the details matter in court. Three limits stand out in the text:

• The person must take possession. The statute requires entering into and taking possession of the unit. A false application that is rejected, or a lease that is signed but never occupied, does not complete this crime, though other fraud laws may still apply.
• Written statements must relate to identity. A false statement under the first prong must concern the applicant’s identity. Overstating income or leaving out an old eviction on the form, without a forged document, is not covered by that prong. A fake paystub or doctored bank statement, however, is covered by the second prong.
• The conduct must be knowing and willful. An honest mistake, a typo, or information entered by someone else without the applicant’s knowledge is not a crime under this statute.

Older laws still fill some gaps. Section 817.03 has long made it a first-degree misdemeanor to make a false statement in writing to obtain property or credit, and Florida’s identity theft law, section 817.568, applies when someone uses another person’s personal identification information without consent.

Why Did Florida Pass HB 1293?

Landlords and property managers told lawmakers that application fraud has become common and harder to spot. A survey by the National Multifamily Housing Council, conducted from November 2023 to January 2024, found that 93.3% of 75 responding apartment owners, developers, and managers had experienced fraud in the prior 12 months. Of those, 84.3% reported falsified paystubs, employment references, or income documents, and 70.0% reported identity theft or fake ID documents. Respondents said fraudulent applications accounted for an average of 23.8% of their eviction filings.

Florida’s identity theft problem adds to the concern. According to the Federal Trade Commission’s Consumer Sentinel Network Data Book 2024, Floridians filed 115,840 identity theft reports in 2024, or 528 per 100,000 residents, the highest rate of any state.

Eric Garduño of the Bay Area Apartment Association told Bay News 9 that artificial intelligence is making it “harder and harder to distinguish the genuine documents from the fraudulent ones.” Tenant advocates disagreed with the approach. Charles Phillips of the St. Pete Tenants Union told the station that “criminal penalties are absolutely not necessary,” and critics warned that a felony record can make it harder to find future housing and work.

The law also builds on Florida’s 2024 squatter law, which created a fast sheriff’s removal process under section 82.036 for unauthorized occupants who were never tenants. HB 1293 addresses people who become tenants through deception. The U.S. Supreme Court has described the landlord’s underlying interest, the right to exclude, as “one of the most treasured” rights of property ownership in Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021), a case about union organizers’ access to farmland that the House staff analysis cited for that principle.

How Did HB 1293 Move Through the Legislature?

The bill passed every committee and both chambers without a single “no” vote. Representative Greco sponsored the House bill, and Senator Rodriguez sponsored the identical Senate bill, SB 1224. The House Criminal Justice Subcommittee added definitions and clarified the impersonation language.

Vote tallies come from the official bill history and the House Judiciary Committee’s analysis, which projected an “indeterminate” increase in prison beds.

What Can a Landlord Do After Discovering Rental Fraud?

A landlord can end the lease quickly but still cannot lock a tenant out. HB 1293 amended section 83.56 so that fraudulent entry under section 817.537(2) is a lease violation that cannot be cured, “regardless of whether criminal proceedings have commenced.” The landlord can give written notice terminating the rental agreement, and the tenant has 7 days to leave.

If the tenant does not leave, the landlord must still go through a court eviction. Self-help, such as changing the locks or removing belongings, remains illegal in Florida. For tenants, a termination notice based on alleged fraud is also a warning sign that a criminal referral may follow.

How Do You Fight a Rental Fraud Charge in Florida?

The State must prove knowledge, willfulness, materiality, and possession, and each element is open to challenge. Our Tampa white collar crime attorney team looks at these questions:

1. Who prepared the application? Applications are often filled out by relatives, roommates, or third-party “approval services” that promise to get people approved. Proof that someone else made the false statement or created the document can defeat the knowledge element.
2. Was the statement about identity, and was it material? A false statement under the first prong must relate to identity and be material to the landlord’s decision.
3. Was the document actually forged? Screening software flags documents for many reasons, including formatting from legitimate payroll systems. The State must prove the document was forged, fictitious, or counterfeit.
4. Did the person take possession? Without possession of the unit, this specific crime is not complete.
5. When did it happen? The statute applies only to conduct on or after October 1, 2026.

These cases usually begin with a landlord’s complaint to police, not an arrest. If a property manager or detective has contacted you about your application, representation before charges are filed gives our attorneys a chance to resolve the dispute, often through restitution or a move-out agreement, before the State Attorney’s Office decides whether to file.

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

Frequently Asked Questions

Is lying about income on a rental application a felony in Florida?

Not by itself under the identity prong, but using a fake paystub, bank statement, or other forged document to support the claim is a third-degree felony if you take possession of the unit. The Brancato Law Firm reviews exactly what was submitted, because the difference between a false answer and a forged document can decide the charge.

Can I be arrested if my roommate lied on our rental application?

Only if the State can prove you knowingly and willfully participated in the false statement or fake document. Our attorneys at The Brancato Law Firm build a timeline of who filled out and submitted each part of the application.

Is using an “approval service” for a rental application illegal?

It can be, if the service creates fake paystubs, bank statements, or references that you knowingly submit. Applicants are sometimes misled by these services, and The Brancato Law Firm treats proof of what you were told as central to the defense, as explained by our fraud defense attorneys.

Can my landlord evict me for rental application fraud?

Yes. A landlord can terminate the lease with 7 days’ written notice and no opportunity to cure, but must still file an eviction case if you do not leave. Our attorneys at The Brancato Law Firm handle the criminal side and can coordinate with your landlord-tenant counsel.

What is the penalty for rental application fraud in Florida?

It is a third-degree felony punishable by up to five years in prison and a $5,000 fine, and a conviction can follow you into future housing and job applications. The Brancato Law Firm pursues outcomes such as diversion or dismissal after restitution where the facts support them.

Does the 2026 rental fraud law apply to squatters?

It applies to people who obtain a rental through a false identity, fake documents, or impersonation. Squatters who never had a lease are handled under Florida’s 2024 squatter removal law and trespass laws, and our attorneys at The Brancato Law Firm defend both kinds of cases.

Talk to a Tampa Fraud Defense Lawyer Today

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

A fraud complaint from a landlord can become a felony charge weeks or months later. Our attorneys will review the application, the documents, and who prepared them, and we will work to resolve the matter before charges are filed when we can. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish 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.

A Florida search warrant comes with a clock, and the date stamped on it can decide a case before anyone looks at the evidence. As a former police academy instructor, I trained officers on how to do things by the book, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have spent more than 25 years in Hillsborough County courtrooms holding them to it. Our attorneys compare the issuance date, the execution date, and the return on every warrant in every case, because a late search can end the prosecution.

What Is Florida’s 10-Day Search Warrant Rule?

The rule is a deadline set by statute. Under section 933.05, Florida Statutes, a search warrant “must be returned within 10 days after issuance, not including the date of issuance.” Courts read that return deadline as an execution deadline: police have to carry out the search within the same 10 days.

The deadline dates back to 1923, and Florida courts enforce it strictly. In Spera v. State, 467 So. 2d 329 (Fla. 2d DCA 1985), officers searched a home for drugs 13 days after the warrant issued and found cocaine. The Second District held that “a search warrant in Florida becomes stale ten days after its issuance” and that a stale warrant “requires suppression of any evidence seized as a consequence of the search.”

The 10-day rule still governs warrants for homes, cars, and most physical evidence. The Legislature has carved out longer periods for a few kinds of warrants:

What Happened in Moschella v. State?

In Moschella v. State, 413 So. 3d 851 (Fla. 2d DCA 2025), the Second District reversed a child pornography conviction because a forensic search warrant was executed weeks late. Detectives from the Manatee County Sheriff’s Office seized two phones, a tablet, and a laptop. A judge issued a warrant to search the devices on July 27, 2020, but the detective admitted the search did not happen until “sometime in September.”

James Moschella pleaded no contest and reserved the right to appeal the denial of his motion to suppress. The State stipulated that the suppression issue was dispositive, meaning the case could not go forward without the evidence. The trial court had denied suppression because the delay did not prejudice him.

The Second District disagreed. Quoting Spera, it said “the legislature has decided that ten days is a reasonable time,” and it refused to add a prejudice requirement to “the firmly established statutory time limit.” Because the State’s stipulation was binding, the court reversed the judgment and sentences and remanded for dismissal of the charges.

Moschella matters in Tampa Bay for a specific reason. The Second District Court of Appeal hears appeals from Hillsborough, Pinellas, and Pasco Counties, so its rulings bind the trial judges our clients appear before.

Did Florida Change the Search Warrant Rule for Phones and Computers?

Yes, twice. A 2025 law gave police 45 days to return a warrant for a computer or electronic device already in police possession. Then the Legislature passed CS/HB 359, signed June 26, 2026 and effective July 1, 2026 as chapter 2026-177, Laws of Florida. Under the current statute, a device warrant is “considered timely executed” if police seize the device within 10 days, the return is due within 365 days, and the agency does not have to finish its forensic analysis within the return period.

The House Criminal Justice Subcommittee’s staff analysis of HB 359 discussed Moschella directly, and the bill responds to the problem the case exposed: forensic exams of phones and computers take longer than 10 days.

The change does not make device warrants deadline-free. The device still has to be seized within 10 days of the warrant, and the return still has a deadline. It also leaves open which version of the statute applies to a warrant issued before July 1, 2026. Our attorneys check the issuance date against the version of section 933.05 in effect that day, and we raise Moschella wherever the older rule governed.

Why Do Warrant Deadlines Matter So Much in Child Pornography Cases?

They matter because these cases usually rest entirely on what a forensic examiner finds on a seized device. Under section 827.071, Florida Statutes, knowingly possessing child sexual abuse material is a second-degree felony, and each image, and each child in each image, is a separate offense. A single phone can produce dozens of counts, each punishable by up to 15 years in prison.

Federal numbers show how heavily these cases are prosecuted. The U.S. Sentencing Commission’s Quick Facts on child pornography offenses report that 1,432 people were sentenced for these offenses in federal court in fiscal year 2025, with an average sentence of 118 months. The Middle District of Florida, which includes Tampa, sentenced 70 of them, among the most of any district in the country.

When the search that found the files was invalid, the files cannot be used. That is why a warrant timing problem can end a case that looks unbeatable. Our Tampa internet crimes attorney team treats the warrant file as the first piece of evidence to examine.

How Do Defense Attorneys Find a Late Warrant?

They line up the dates in the paperwork. The warrant shows when a judge signed it. The return and inventory show when officers executed it and what they took. Forensic reports, property receipts, and lab request forms often show when the device search actually started. Moschella’s case turned on a detective’s admission at the suppression hearing, so depositions matter too.

Our attorneys check these points in every case involving a search warrant:

1. Issuance date. The day the judge signed the warrant, which starts the clock the next day.
2. Execution date. When officers searched the place or seized the device.
3. Return date. When the warrant and inventory went back to the court.
4. Forensic start date. When the examiner began the device search, from lab logs and reports.
5. Applicable statute. Which version of section 933.05 was in effect on the issuance date.

Do Other Warrant Problems Lead to Suppression?

Yes. A late warrant is only one of several grounds for a motion to suppress in a digital evidence case. A warrant may lack probable cause, describe the place or files too broadly, or be searched beyond its scope. In Smallwood v. State, 113 So. 3d 724 (Fla. 2013), a Jacksonville robbery case, the Florida Supreme Court held that police could take a phone during an arrest but needed a warrant before searching its data, and it ordered a new trial because the photos found on the phone should have been excluded.

Many child exploitation investigations begin before any warrant, with a tip from a tech company and a subpoena for account records. Our guide to a Google account legal request in Florida explains that stage. If you suspect an investigation, representation before charges are filed can keep you from consenting to a search that no warrant would have allowed.

How Soon Should You Talk to a Lawyer After a Device Seizure?

Talk to a lawyer right away, ideally before the forensic exam is finished. Dates and chain-of-custody records are easiest to pin down early, and a lawyer can demand the warrant, the return, and the lab paperwork through discovery and take depositions before memories fade. For the charges and sentencing exposure in these cases, see our pages on child pornography defense in Tampa and child pornography sentencing enhancements.

Frequently Asked Questions

Does a late search warrant always get a case dismissed in Florida?

No. A late warrant leads to suppression of the evidence from that search, and dismissal follows only when the State cannot prove the case without it, as happened when the State stipulated in Moschella. The Brancato Law Firm evaluates what evidence would remain after suppression before advising a client on a plea or trial, as explained on our Tampa sex crimes lawyer page.

Do I have to prove the delay hurt my case?

No. The Second District held in Moschella that a defendant does not have to show prejudice from a late warrant, because the Legislature already decided what a reasonable time is. Our attorneys at The Brancato Law Firm raise the deadline issue on its own terms rather than trying to show harm.

How many days do police have to search my phone under a warrant in Florida?

Under the current section 933.05, police must seize the phone within 10 days of the warrant, and the return is due within 365 days. The Brancato Law Firm checks whether an older version of the statute, with a shorter deadline, applied to your warrant, using the statute itself on Online Sunshine.

What is a dispositive plea, and why did it matter in Moschella?

A dispositive plea is a no contest plea that reserves the right to appeal a pretrial ruling the parties agree will decide the case, so a win on appeal ends in dismissal instead of a new trial. Our team at The Brancato Law Firm uses this tool when a suppression ruling is strong enough to carry an appeal.

Can child pornography charges be dropped in Florida?

Yes. Charges can be dropped or dismissed when key evidence is suppressed, when the State cannot prove the person knowingly possessed the files, or when the files were on a device others used. The Brancato Law Firm attacks each of those points, and our Tampa internet crime lawyer attorneys handle these cases in Hillsborough, Pinellas, and Pasco Counties.

Does the 10-day rule apply to search warrants for my house or car?

Yes. Warrants for homes, vehicles, and physical items still must be executed and returned within 10 days, as in Spera, where a home search on day 13 required suppression. The Brancato Law Firm reviews every warrant in a case, not only the device warrant, because one late search can taint the evidence that followed.

Talk to a Tampa Defense Attorney About a Search Warrant

The dates on a warrant do not change, but the chance to use them can slip away once a plea is entered. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review every warrant, return, and forensic report in your case for timing and scope problems. Call (813) 727-7159; you can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

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

Many Tampa drivers pulled their dealer frames off in the fall of 2025 after a viral video claimed any frame was now a crime. We said at the time that standard frames remained legal, and the Florida Department of Highway Safety and Motor Vehicles and then the Legislature agreed. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former police academy instructor who taught officers the law of traffic stops. In more than 25 years in Hillsborough County courtrooms I have seen minor equipment stops turn into drug, gun, and DUI cases. Our attorneys challenge those stops when the officer had no lawful reason to make them.

What Does Florida’s License Plate Frame Law Say Now?

Florida now states expressly that frames are lawful if they leave the plate number and sticker visible. Two statutes govern, and both were amended in 2026 by SB 488 (chapter 2026-39, Laws of Florida), which Governor DeSantis signed in April 2026:

Section 320.262(5), Florida Statutes, now reads that “the use of a license plate frame or decorative border device is not an offense under this section, provided that the device does not obscure the visibility” of “the alphanumeric designation or license plate number” and “the registration decal or validation sticker located in the upper right corner.” Section 320.061(2) contains the same rule for frames and borders. The 2026 amendment also removed the phrase “primary features or details” from the definition of an obscuring device, which was the language that fueled the 2025 confusion.

What Does Section 320.262 Actually Target?

Section 320.262 targets devices built to hide or swap a plate, not decorative frames. The statute defines a “license plate obscuring device” as a manual, electronic, or mechanical device designed or adapted to switch between plates, flip a plate so the number is not visible, cover or interfere with the legibility of the plate number or validation sticker, or interfere with the ability to record them. Those are the tools used to beat toll readers, red-light cameras, and license plate reader cameras.

The penalties are real for those devices. Simply buying or possessing one is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine, and using one to commit a crime or avoid arrest is a third-degree felony punishable by up to five years in prison. License plate reader cameras such as Flock are now common across Tampa Bay, and our post on Flock cameras and license plate readers in Tampa explains how those systems use your plate.

How Did the License Plate Frame Confusion Start?

It started with a misreading of the 2025 law. Chapter 2025-36 created section 320.262 effective October 1, 2025, and its definition referred to the plate’s “primary features or details, including the license plate number or validation sticker.” A viral video read that phrase to cover every word on the plate, some law enforcement agencies repeated it, and drivers across the state removed their frames.

On December 12, 2025, FLHSMV Executive Director Dave Kerner sent a memo to all Florida law enforcement agencies stating that the act “does not prohibit the use of a license plate frame” as long as it does not obscure the plate number or the decal in the top right corner. The memo added that the department “does not consider the information on the bottom of the plate to be a primary feature of the plate,” and that a frame touching the top of the plate is permissible if officers can still identify the issuing state. The 2026 Legislature then wrote the frame rule into both statutes.

Can Police Still Stop You Because of a License Plate Frame?

Only if the frame actually makes the plate number, the decal, or other required lettering unreadable from 100 feet. Under section 316.605(1), all “letters, numerals, printing, writing, the registration decal, and the alphanumeric designation” must be “plainly visible and legible at all times 100 feet from the rear or front.” A violation is a noncriminal traffic infraction, but it is still a legal basis for a stop when it truly exists.

Florida courts have refused to let a typical dealer frame justify a stop. In State v. Morris, 270 So. 3d 436 (Fla. 4th DCA 2019), a Broward County officer stopped a car whose Drive Pink AutoNation frame partially covered letters in “Sunshine State” and “MyFlorida.com.” The officer admitted he “didn’t have any trouble” reading the word “Florida,” and the trial judge found that “everything that needs to be identified is identifiable.” The Fourth District affirmed the suppression of the evidence from the stop, holding that “all the letters and words on the license plate were visible within 100 feet.”

The officer’s testimony decides close cases. In Williams v. State, No. 4D19-1578 (Fla. 4th DCA May 13, 2020), the court affirmed the denial of a motion to suppress because the officer testified the tag “was obscured” and “you can barely see it.” In a concurring opinion, Judge Melanie May wrote that “there is nothing about those words that helps law enforcement identify the vehicle’s owner” and that treating frames over “MyFlorida.com” and “Sunshine State” as grounds for a stop “leads to an absurd result,” a view the Legislature effectively adopted in 2026.

How Often Are Florida Drivers Cited for Obscured Plates?

Thousands of times a year. The Department of Highway Safety and Motor Vehicles’ Uniform Traffic Citation database recorded 2,927 violations related to obscuring a license plate in 2023, and 3,449 violations related to prohibited vehicle lights, according to the Florida Senate Rules Committee analysis of the 2025 bill. Each of those citations began as a traffic stop.

Minor equipment stops matter because of what can follow them. A study published in Nature Human Behaviour in 2020, A Large-Scale Analysis of Racial Disparities in Police Stops Across the United States by Emma Pierson and colleagues at the Stanford Open Policing Project, examined nearly 100 million traffic stops and found that “the bar for searching black and Hispanic drivers was lower than that for searching white drivers.” For drivers, the practical lesson is that the legal basis for the stop is often the most important issue in the case.

Can Evidence Be Suppressed If the Plate Frame Stop Was Illegal?

Yes. If the frame did not violate any statute, the officer had no lawful basis for the stop, and drugs, weapons, or DUI evidence found afterward can be suppressed, as happened in Morris. The flip side is Whren v. United States, 517 U.S. 806 (1996), in which the U.S. Supreme Court held that “the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred,” whatever the officer’s real motive. Because a real violation makes even a pretextual stop lawful, our attorneys focus on whether the violation existed at all.

Our approach in these cases follows three steps:

1. Get the video. Body camera and dash camera footage often shows the plate clearly, contradicting a report that it was unreadable.
2. Photograph the plate and frame. A photo taken from the officer’s position and distance tests the 100-foot standard.
3. Hold the State to the statute. Under the 2026 amendments, the question is whether the frame covered the number or the upper-right decal, not whether it touched any other word.

Our motion to suppress guide explains how these challenges are filed, and our Tampa criminal traffic lawyer page covers the traffic charges that often follow a stop. Our Hillsborough County criminal defense attorney page explains how a case moves through the local courts after an arrest.

What Should You Do If You Are Stopped for a License Plate Frame?

Stay calm, accept the citation if one is issued, and document the plate before you change anything:

1. Do not argue the law at the roadside. Cooperate and save the challenge for court.
2. Take photos of the plate and frame from about 100 feet behind the car and up close, as soon as it is safe.
3. Do not consent to a search. A frame stop gives no right to search the car without consent or probable cause.
4. Keep the frame. If the case involves an arrest, the frame itself may become evidence for the defense.
5. Call a defense attorney if the stop led to an arrest, so the body camera footage is requested before it is purged.

Frequently Asked Questions About Florida License Plate Frames

Is my car dealership frame illegal in Florida?

No, a dealership frame is legal as long as it leaves the plate number and the upper-right decal visible, under sections 320.061(2) and 320.262(5). The Brancato Law Firm challenges stops based on dealer frames that met that standard, as the defense did in State v. Morris.

Can I be pulled over if my frame covers the word “Florida”?

A frame covering “Florida” alone does not violate the frame provisions, and FLHSMV told officers that frames at the top of the plate are allowed if the issuing state can still be identified. Our attorneys at The Brancato Law Firm compare the officer’s report with the body camera footage to test any claim that the plate was unreadable.

Are clear license plate covers legal in Florida?

A clear cover is not banned by name, but section 320.061 prohibits any covering that interferes with the legibility of the plate number or sticker, and glare or condensation can do that. The Brancato Law Firm advises drivers that removing the cover is the safest choice; see our criminal traffic defense page for related charges.

Is it a crime to own a license plate flipper in Florida?

Yes, buying or possessing a license plate obscuring device is a second-degree misdemeanor under section 320.262(2), even if it is never used. Our attorneys at The Brancato Law Firm look at whether the item actually meets the statute’s definition of a device designed to switch, flip, or hide a plate.

Can a frame stop lead to a search of my car?

Not by itself, because a traffic infraction allows a stop and a citation, not a search, unless the officer has consent or probable cause. The Brancato Law Firm moves to suppress evidence when a frame stop expanded into a search without a lawful basis; our suppression guide explains how.

Did the 2026 law change the penalty for an obscured plate?

No, the penalties stayed the same: a noncriminal infraction under section 316.605, a second-degree misdemeanor for knowingly obscuring the number or sticker under section 320.061, and the device offenses in section 320.262. The Brancato Law Firm reviews which statute was charged, because the defenses differ for each one.

Talk to a Tampa Defense Attorney About a License Plate Stop

If a frame or plate stop led to an arrest, the body camera footage and a photo of your plate are the first evidence to secure. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review whether the stop was lawful and what can be suppressed; call (813) 727-7159. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

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.

In a mental health diversion request, the prosecutor wants two things answered before saying yes: is there a real diagnosis, and is there a treatment plan that will keep the community safe. I have answered those questions for clients for more than 25 years in Hillsborough County courtrooms, including as a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys and saw how many cases began with an untreated illness. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. Our attorneys build the evaluation, the treatment plan, and the written request that diversion requires.

What Is the Tristin Murphy Act?

The Tristin Murphy Act is a 2025 Florida law that creates model pretrial diversion programs for people with mental illness charged with misdemeanors or lower-level felonies. Governor DeSantis signed SB 168 in Tampa on June 25, 2025, and it became chapter 2025-180, Laws of Florida, effective October 1, 2025. The law is named for Tristin Murphy, a 37-year-old father diagnosed with schizophrenia who was serving a prison term for littering more than 500 pounds after driving his truck into a retention pond. He died by suicide on September 16, 2021, while on a work assignment at a state prison, according to the Florida Senate staff analysis of SB 168.

Who Qualifies for Felony Mental Health Diversion in Florida?

A defendant charged with a second- or third-degree felony may qualify for diversion under section 916.136, Florida Statutes, if he or she meets four criteria:

1. Has a mental illness.
2. Has no more than three prior felony convictions in the past five years.
3. Is not charged with a violent felony.
4. Does not have a significant history of violence.

Meeting the criteria does not guarantee entry. The statute gives the state attorney “the sole discretion to determine a defendant’s eligibility,” and it also lets the state attorney waive the criteria “in extenuating circumstances” when doing so “is in the interest of justice.” First-degree felonies are not covered. To participate, the defendant signs a consent form agreeing to treatment, to release of the records needed to prove compliance, and to waive the right to a speedy trial.

Florida courts treat a prosecutor’s diversion decision as off-limits to judges. In Cleveland v. State, 417 So. 2d 653 (Fla. 1982), a woman charged with felony welfare fraud met every statutory requirement for pretrial intervention, but the state attorney refused to consent; the trial judge ordered her admitted anyway. The Florida Supreme Court held that “the pretrial diversion decision of the state attorney is prosecutorial in nature and, thus, is not subject to judicial review.” Under section 916.136, that means the persuasion has to happen with the prosecutor, which is why our attorneys present the evaluation and treatment plan before the State makes its decision.

How Does Misdemeanor Mental Health Diversion Work?

Under section 916.135, a person charged only with a misdemeanor or ordinance violation can be screened for mental illness within 24 hours of booking and then evaluated and assessed for treatment. The state attorney, the defense attorney, or the court may request screening “at any stage of the criminal proceedings.” If the person completes all treatment recommendations, “the state attorney must consider dismissal of the charges,” and if dismissal is not appropriate, may refer the case to mental health court. When a defendant falls short on treatment, the court may “exhaust therapeutic interventions” before considering a return to jail.

Both new sections describe a model process. Each community may adapt it to local resources, and the law encourages counties to apply for state reinvestment grants to fund programs. Whether a program operates in a given county, and how it runs, depends on the local state attorney, public defender, sheriff, court, and treatment providers.

Is Mental Health Court a Better Option Than the New Diversion Law?

Sometimes, because Florida’s older mental health court statute does not leave admission solely to the prosecutor. Under section 948.08(8), a defendant identified as having a mental illness and charged with a nonviolent felony is eligible for a pretrial mental health court program “upon motion of either party or the court’s own motion.” The State and the officer must consent only for resisting an officer with violence or battery on a law enforcement officer, and the State and the victim for aggravated assault. At the end of the program, “the court shall dismiss the charges upon a finding that the defendant has successfully completed” it.

The 13th Judicial Circuit lists an Adult Mental Health Treatment Court among its problem-solving courts in Hillsborough County. In our experience, the best route depends on the charge, the record, and the diagnosis, and our attorneys often present both options so the case lands in the program most likely to end in a dismissal. Our Tampa criminal mental health lawyer page explains how we handle these cases.

How Common Is Mental Illness Among People in Prison?

Common enough that diversion affects a large share of criminal cases. About 43 percent of state prisoners reported a history of a mental health problem in the 2016 Survey of Prison Inmates, according to a 2021 report by the U.S. Bureau of Justice Statistics, and about 14 percent reported serious psychological distress in the 30 days before the interview. In Florida, the Department of Corrections estimates that nearly 60 percent of incarcerated people have a substance use disorder and only about one-third of them receive services, as reported in the 2025 Senate staff analysis of SB 168.

Research supports treatment-based courts. A study published in the American Journal of Psychiatry, Effectiveness of a Mental Health Court in Reducing Criminal Recidivism and Violence (McNiel and Binder, 2007), compared 170 people who entered a San Francisco mental health court with 8,067 other adults with mental disorders booked into the county jail. Participation was associated with a longer time without any new criminal charges or new charges for violent crimes, and graduates kept those reductions after court supervision ended.

What Is the Forensic Hospital Diversion Pilot in Hillsborough County?

It is a community treatment alternative to a state forensic hospital, and the Tristin Murphy Act added Hillsborough County to it. Under section 916.185, the Department of Children and Families may run the pilot in Hillsborough County with the 13th Judicial Circuit, alongside Okaloosa, Duval, Broward, and Miami-Dade Counties, “if existing resources are available to do so on a recurring basis.” It is limited to adults charged with second- or third-degree felonies who have no significant history of violent offenses, who have been adjudicated incompetent to proceed or not guilty by reason of insanity, and who would otherwise be committed to a state facility.

The pilot is modeled on the Miami-Dade Forensic Alternative Center. The Eleventh Judicial Circuit reports that its participants are ready for discharge from forensic commitment an average of 52 days sooner, spend an average of 31 fewer days under commitment, and cost about 32 percent less than people served in state forensic facilities, according to the Senate staff analysis, which projected a Hillsborough pilot cost of about $1.5 million per year. For how competency is decided in the first place, see our post on competency to proceed.

How Do You Get Into Mental Health Diversion in Florida?

You get in by documenting the illness, building a treatment plan, and asking early. These are the steps our attorneys take:

1. Get a qualified evaluation. A psychiatrist or psychologist confirms the diagnosis and links it to the conduct charged. Jail screening under the new law is a start, but a full evaluation carries more weight.
2. Collect the treatment history. Prior hospitalizations, Baker Act records, prescriptions, and provider letters show the illness predates the arrest.
3. Line up a provider. A local treatment center ready to assess and treat the client answers the prosecutor’s safety question.
4. Choose the program. We compare section 916.136 diversion, mental health court under section 948.08(8), and ordinary pretrial intervention for the specific charge and record.
5. Make the written request. We present the evaluation and plan to the State Attorney’s Office, or file the motion for mental health court, before plea negotiations harden.
6. Track compliance. Completion records are what turn treatment into a dismissal.

When diversion is refused, the same work still matters. A documented mental illness can support a downward departure at sentencing, and our mitigation report and autism downward departure posts explain how. For how felony cases move through the courthouse, see our Hillsborough County criminal defense attorney page.

Frequently Asked Questions About Florida Mental Health Diversion

Does the Tristin Murphy Act apply to violent felonies?

No, felony diversion under section 916.136 excludes anyone charged with a violent felony or with a significant history of violence, though the state attorney may waive the criteria in extenuating circumstances. The Brancato Law Firm looks at whether mental health court under section 948.08(8), which allows some listed charges with consent, is a better fit.

Can a judge order me into mental health diversion if the prosecutor says no?

Not under section 916.136, because the state attorney has sole discretion and Cleveland v. State holds that diversion decisions are not subject to judicial review. Our attorneys at The Brancato Law Firm can ask the court for pretrial mental health court under section 948.08(8), which allows admission on motion of either party.

Will my charges be dismissed if I finish the program?

Under the Tristin Murphy Act, the state attorney must consider dismissal, but dismissal is not automatic. The Brancato Law Firm documents every completed treatment step so the request for dismissal is hard to refuse; see our criminal mental health defense page.

Do I give up my right to a speedy trial in mental health diversion?

Yes, the consent form under both new sections includes an agreement to waive the right to a speedy trial. Our attorneys at The Brancato Law Firm explain that trade-off before a client signs, because the case can return to the trial docket if the program is revoked.

Does autism or an intellectual disability qualify for felony diversion under the new law?

Section 916.136 uses the term “mental illness,” and the statute does not define autism or intellectual disability as covered. The Brancato Law Firm raises those conditions through other routes, including a downward departure and competency proceedings; see our autism downward departure guide.

Can a family member ask for mental health diversion for a loved one in jail?

A family member cannot file the request, but the state attorney, the defense attorney, or the court can request screening at any stage of a misdemeanor case under section 916.135. The Brancato Law Firm works with families to gather the treatment records that support a diversion request.

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

Talk to a Tampa Defense Attorney About Mental Health Diversion

Start before the first plea offer, because diversion is easiest to win before the State settles on a plan. 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 record, and the diagnosis to find the program that fits. 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 our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa Criminal Mental Health 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 you are planning a night at a Tampa strip club, or you are reading this after an arrest at one, the rules that decide your case are more specific than most people expect, and many of them are city ordinances that visitors have never heard of. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I handled sex crimes cases in the Major Crimes Unit, I am the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, and I have spent more than 25 years in Hillsborough County courtrooms.

Our attorneys defend patrons, dancers, and club employees charged with lewdness, solicitation, indecent exposure, and related offenses in Hillsborough, Pinellas, and Pasco Counties. This guide explains what the Tampa City Code and Florida law actually say about strip clubs, what changed in 2024, and how strip club arrests in Tampa usually happen. For escort and online stings, see our separate guide to Tampa escort stings.

Are strip clubs legal in Florida and in Tampa?

Yes. Strip clubs are legal in Florida, and Tampa allows them as long as they follow the city’s location, alcohol, and conduct rules. Nude dancing is expressive conduct that the First Amendment protects at its outer edges, so a city cannot simply ban it. What a city can do is regulate the “secondary effects” it associates with adult businesses, such as crime and declining property values, through zoning and conduct rules.

Tampa does that in two main ways. First, an adult use needs a special use permit, and Tampa City Code section 27-132 bars any adult use within 500 feet of a residential or office district or within 1,000 feet of another adult use, with no waivers, and requires windows and doors to be screened so no one can see inside from the street. A federal court upheld those location rules in Specialty Malls of Tampa v. City of Tampa, 916 F. Supp. 1222 (M.D. Fla. 1996), a challenge to the city’s adult use location rules. The court found the city’s evidence showed 72 available sites totaling 5,364 acres, more than 7.5 percent of the city’s land, which it held was a reasonable opportunity to operate. Second, the city regulates what happens inside, which is where patrons and dancers get arrested.

The secondary-effects theory is contested. A peer-reviewed study of 20 adult dance clubs in Charlotte, North Carolina, published by Daniel Linz and colleagues in the Law & Society Review in 2004, compared crime reports from 1998 to 2000 within 500 and 1,000 feet of each club with matched control sites and found the clubs were not associated with more crime; the areas around the clubs reported fewer incidents. Courts still allow cities to rely on their own findings, so the Tampa rules below remain enforceable, and our attorneys can use that research when a prosecution leans on assumptions about who goes to these clubs.

What is Tampa’s six-foot rule for strip clubs?

Tampa’s six-foot rule makes it unlawful for anyone inside an adult use to expose a specified anatomical area or engage in a specified sexual activity within six feet of another person. The rule is Tampa City Code section 14-148, part of the adult use entertainer distance separation ordinance the city adopted in December 1999. In practice, it rules out the contact lap dance inside Tampa city limits.

The definitions matter, because they decide what counts. “Specified anatomical areas” are genitals, the pubic region, buttocks, and the female breast below the top of the areola when less than completely and opaquely covered. “Specified sexual activities” include simulated sex acts and the “fondling or other erotic touching” of genitals, the pubic region, buttocks, or female breasts. Dressing rooms and restrooms are exempt only when no one intentionally touches another person’s specified areas.

• The rule applies to every person in the club, so a patron who touches a dancer can be charged along with the dancer.
• An owner or operator who knowingly, or with reason to know, allows a violation also violates the ordinance.
• Every adult club must post an 18-by-24-inch sign inside and outside quoting the rule, which makes “I did not know” a hard defense.

A violation is punished under the city’s general penalty, Tampa City Code section 1-6: a fine of up to $500, up to 60 days in jail, up to six months of probation, or a combination. Our Tampa sex crimes lawyer team defends six-foot rule charges, which can be filed on their own or alongside state lewdness or solicitation charges that carry heavier penalties.

Can a Tampa strip club serve alcohol and allow nudity?

No. Inside Tampa city limits, a business that sells alcohol for drinking on the premises may not allow nudity, and that includes toplessness. Tampa City Code section 14-97 makes it unlawful for the operator to permit any woman to expose “that area of the human breast at or below the areola,” or anyone to expose genitals, pubic area, buttocks, or the anal cleft, and makes the same exposure unlawful for the performer. It also bans any device or covering meant to simulate those areas.

Under that rule, a club inside the city has two lawful models: a bar that sells alcohol with covered dancers, or a nude club that does not sell alcohol. An earlier version of this article said topless dancing is allowed where alcohol is served; that is not accurate for clubs inside the City of Tampa, and we have corrected it. A conviction of an owner, manager, or employee under section 14-97 also gives the city just cause to revoke the business’s city license, and a revoked club must wait at least six months and go through a City Council hearing before it can be licensed again.

Alcohol brings its own rules. Under Tampa City Code section 14-150.1, licensed establishments may sell and serve alcohol only from 7:00 a.m. to 3:00 a.m., and patrons may not drink or keep a drink after hours. Anyone under 21 who possesses alcohol commits a second-degree misdemeanor under section 562.111, Florida Statutes.

How old do you have to be to dance or work at a strip club in Florida?

You must be at least 21 to dance or work in any capacity at an adult entertainment establishment in Florida. Section 787.30, Florida Statutes, created by House Bill 7063, signed May 13, 2024, and effective July 1, 2024, makes it a first-degree misdemeanor for an owner, manager, employee, or contractor to knowingly employ, contract with, or permit anyone younger than 21 to perform or work there. If the underage person performs or works while nude, the offense is a second-degree felony punishable by up to 15 years in prison. The statute requires the club to check a driver license, state ID, passport, or military ID, and it bars ignorance of age, or the worker’s misrepresentation of age, as a defense.

The Legislature passed the age limit as part of an anti-human-trafficking bill. In calendar year 2023, the Florida Department of Law Enforcement received 1,955 calls to its See Something, Say Something phone line, and 181 of the calls made between January 10 and December 11, 2023 were related to human trafficking, according to the Florida House final bill analysis of HB 7063 (2024). A separate statute, section 787.29, already required every strip club to post a human trafficking awareness sign that employees and the public can see.

Is the under-21 law being challenged? Not anymore. An Alachua County club, a Jacksonville club, an adult store, and a dancer sued in federal court in Tallahassee on July 1, 2024, in JCB of Gainesville, Inc. v. Moody, No. 4:24-cv-00261 (N.D. Fla.), and the plaintiffs voluntarily dismissed the case without prejudice; it closed on May 28, 2025. The dismissal followed Wacko’s Too, Inc. v. City of Jacksonville, 134 F.4th 1178 (11th Cir. 2025), in which the federal appeals court that covers Florida upheld a Jacksonville ordinance that effectively barred erotic dancers under 21. The court treated the age limit as a content-neutral regulation, held that it survived intermediate scrutiny, and also rejected a challenge to Jacksonville’s licensing process for dancers 21 and older. The Florida law remains in effect.

For patrons, Florida has no single statute that sets an entry age for a strip club. Section 847.013 makes it a first-degree misdemeanor to knowingly admit a minor for money to a show that depicts nudity and is harmful to minors, unless a parent accompanies the minor, and the alcohol laws set 21 as the drinking age. Each club sets its own door policy, so expect an ID check.

Do dancers need a license to work at a strip club in Hillsborough County?

Yes, under Hillsborough County’s ordinance. Florida has no statewide dancer license, but Hillsborough County’s sexually oriented business ordinance makes it unlawful to operate a sexually oriented business without a business license, or to work as an employee of one without a sexually oriented business employee license, under Hillsborough County Code section 10-196. Applicants file in person, provide proof of age, and disclose specified criminal history.

The county ordinance has its own conduct rule: an employee who regularly appears semi-nude may not knowingly or intentionally touch a customer or the customer’s clothing, under section 10-210. A knowing violation is punishable by a fine of $250 to $500, up to 60 days in the county jail, or both, under section 10-208. Which rules govern a particular club depends on where it sits, so the first thing our attorneys do in a club case is identify the ordinance that applies at that address.

What can patrons and dancers be charged with at a Tampa strip club?

Strip club charges in Tampa generally fall into five groups: city ordinance violations, lewdness, solicitation, indecent exposure, and charges that follow a person out the door, such as DUI or trespass. The table shows the first-offense level and the maximum penalty for a first offense.

Lewdness is the charge that surprises people most. Section 796.07, Florida Statutes, defines lewdness as “any indecent or obscene act,” and it makes it a crime for an adult to offer to commit, commit, or engage in lewdness, and a separate crime to solicit or entice another person to do so. The solicitation penalties climb fast: a second violation is a third-degree felony with a 10-day minimum jail term, and a third is a second-degree felony, with the maximum terms set by section 775.082. Our guide Is Prostitution Legal in Florida? walks through the full penalty ladder.

Florida’s Second District Court of Appeal addressed lap dances directly in State v. Waller, 621 So. 2d 499 (Fla. 2d DCA 1993). Undercover officers from the Clearwater Police Department said a dancer at a Clearwater lounge gave an officer a five-dollar private lap dance, simulating intercourse and rubbing against his genital area while he was fully clothed. The court held that lewdness under section 796.07 includes indecent acts and is not limited to obscenity, and that whether her dance was lewd was a question for a jury, not something to decide on a motion to dismiss. The lesson for anyone charged today is that lewdness turns on facts: what was touched, where, for how long, and who saw it. Our Pinellas County criminal defense team handles these cases on both sides of the bay.

A private room does not change the analysis. In State v. Conforti, 688 So. 2d 350 (Fla. 4th DCA 1997), an undercover officer paid for a “two female entertainment package” in a closed private room at a Broward County adult business, and two dancers performed sex acts during the show. The trial court dismissed the lewdness charges, but the appeals court reinstated them, holding that the acts were not protected expression and that the dancers had no legitimate expectation of privacy in a business open to paying customers. VIP rooms and champagne rooms are where many of these cases start.

Exposure is a separate statute. Section 800.03, Florida Statutes, makes it a crime to expose sexual organs in public “in a vulgar or indecent manner,” but it exempts a person who is “merely naked” at a place set apart for that purpose. That exception gives a performer on a club stage a defense that does not exist on a street corner, and it is one of the first issues our attorneys examine in an exposure case.

How do strip club arrests usually happen in Tampa?

Strip club arrests in Tampa tend to start in one of five ways: an undercover vice investigation inside the club, an offer made in a private room, drugs, a dispute that turns physical or ends with a refusal to leave, or a traffic stop after the patron drives away. In 2025 the Florida Attorney General announced the conviction of the owner of Risque Gentlemen’s Club in Tampa for racketeering, cocaine trafficking, and money laundering after a Tampa Police undercover investigation in which detectives bought drugs from dancers and employees and received offers for commercial sex acts, according to the Attorney General’s April 23, 2025 news release.

1. Undercover officers inside the club. Detectives pose as customers, pay for dances, and document touching, offers, and prices. The officer’s report, any recording, and the club’s own video become the evidence.
2. Private room offers. A conversation about “extras” in a VIP room can become a solicitation or offering charge under section 796.07, even when nothing physical happens.
3. Drug sales and possession. Club investigations often include controlled buys, and a patron searched later may face a possession charge.
4. Fights, theft accusations, and trespass. Disputes over tabs, tips, or a wallet lead to battery, theft, or trespass charges once staff tell a patron to leave and he refuses.
5. DUI on the way home. Many arrests connected to Tampa strip clubs happen blocks away, not inside: drivers leaving after midnight are stopped and charged with DUI. Our Tampa DUI lawyer page and our Hillsborough County DUI arrest timeline explain what follows.

Escort ads, online chats, and street reverse stings are a different kind of case with different evidence, and we cover them in Tampa Escort Stings: How Prostitution Arrests Happen. When a club investigation reaches trafficking, the charges move into chapter 787 and the exposure becomes a felony; our Tampa human trafficking defense guide covers those cases.

What should you do if you are arrested at or near a Tampa strip club?

Ask for a lawyer, then stop talking about what happened in the club. In Hillsborough County, a person arrested in Tampa is booked at the Orient Road Jail and sees a judge at first appearance within 24 hours, appearing by video from the jail while the judge sits downtown; our guide to the first 48 hours after an arrest in Tampa explains that hearing. Jail phone calls are recorded, and an explanation to an officer or a cellmate becomes evidence.

• Do not explain, apologize, or describe the dance or the conversation to officers.
• Do not consent to a search of your phone, car, or wallet; say you do not consent and let your lawyer handle it.
• Write down the club, the time, the room, and the names or descriptions of staff and anyone who saw what happened, and give the notes only to your lawyer.
• Do not contact the dancer, the club, or other witnesses about the case.
• Keep your court paperwork and the date of your first court appearance.

If you were not arrested but learned that detectives are reviewing a club investigation, or you were identified in a raid, there may still be time for representation before charges are filed. Our attorneys contact the State Attorney’s Office early and press for no filing, a reduced charge, or diversion. Our Hillsborough County criminal defense attorneys handle these cases at the courthouse two blocks from our office.

Results in related cases

These results come from cases our firm handled involving related charges. Past results do not guarantee future outcomes.

Frequently asked questions about Tampa strip club laws

Are lap dances legal in Tampa?

Contact lap dances are effectively illegal inside Tampa city limits because Tampa City Code section 14-148 bars exposure of specified areas and erotic touching within six feet of another person in an adult club. Our attorneys at The Brancato Law Firm review the club’s video and the officer’s distance estimate in every six-foot case, because the ordinance turns on what was exposed and how close people were. See our sex crimes defense page for how we defend these charges.

How old do you have to be to go into a strip club in Tampa?

Florida has no single statute setting an entry age for patrons, so clubs set their own door policies, and anyone under 21 cannot legally possess alcohol under section 562.111. If a night out ends in an underage possession charge, The Brancato Law Firm can explain the diversion options that may keep it off a permanent record.

Can you record video inside a Tampa strip club?

A club can ban phones and cameras as a condition of entry, and a patron who refuses to leave after staff tell him to go can be charged with trespass under section 810.08. When a recording dispute turns into a trespass or battery arrest, The Brancato Law Firm looks first at the club’s own surveillance video, which can show who escalated.

What time do strip clubs close in Tampa?

A Tampa club that sells alcohol must stop selling and serving at 3:00 a.m. under Tampa City Code section 14-150.1, and patrons may not drink after that hour. When a night out ends in a DUI stop after closing time, The Brancato Law Firm starts by requesting the stop video and the breath test records.

Can a solicitation charge from a strip club be dropped in Florida?

Yes. Prosecutors can drop or reduce a strip club solicitation charge when the evidence of an offer of money for sex is weak, the recording is incomplete, or the defendant qualifies for diversion. The Brancato Law Firm presses for those outcomes before the first court date, and our pre-file advocacy work starts even earlier when no charge has been filed yet.

Is Mons Venus legal under Tampa law?

Any Tampa club, including well-known names such as Mons Venus, operates legally only by complying with the same rules: an adult use permit at an approved location, the six-foot rule, no nudity where alcohol is sold, and no performers under 21. When a patron or dancer is charged after a night at any Tampa club, The Brancato Law Firm focuses on whether the specific conduct charged actually violated one of those rules.

Talk to a Tampa defense lawyer before your first court date

Start by finding the first court date on your release paperwork and calling us before it arrives. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends lewdness, solicitation, exposure, and ordinance charges from Tampa Bay adult clubs, and our attorneys will request the officer’s report, any recordings, and the club’s video while that evidence still exists. Call (813) 727-7159 for a 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.

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.

If you hit an age-check screen on an adult site, found that a site you used now blocks Florida, or got a call from a detective about something on your account, you probably want to know exactly where Florida draws the line. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I defended sex crimes cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, and I am the former Chief Operations Officer of that office, where I oversaw a staff of over 100 attorneys. Our attorneys defend internet and child pornography investigations across Hillsborough, Pinellas, and Pasco Counties, often before any charge is filed.

Is porn legal in Florida in 2026?

Yes, watching, buying, or owning adult pornography is legal in Florida for anyone 18 or older. No Florida statute makes it a crime for an adult to view lawful adult content, and the 2024 age verification law does not change that. Three things decide whether sexual material crosses into criminal territory: who is depicted, who receives it, and whether it is legally obscene.

• Who is depicted. Any image of a person under 18 engaged in sexual conduct is child sexual abuse material under section 827.071, Florida Statutes, no matter who made it or why.
• Who receives it. Showing, giving, or sending sexual material to a minor is a felony.
• Whether it is obscene. Material that meets the legal test for obscenity can be prosecuted when it is sold, distributed, or shown, even between adults.

Consent also matters for adults. Publishing a sexually explicit image of a real person without that person’s consent can be a crime under Florida’s sexual cyberharassment law, covered below. Nearly every question our attorneys hear about Florida porn law turns on one of these three facts.

Is porn banned in Florida? What the age verification law requires

No, porn is not banned in Florida. HB 3, signed in March 2024 as chapter 2024-42, Laws of Florida, created section 501.1737, Florida Statutes, which took effect on January 1, 2025. It requires adult websites to verify a visitor’s age before showing sexual material. The law regulates the businesses that publish the content. It does not punish the adult who views it.

“Material harmful to minors” has a specific meaning under section 847.001, Florida Statutes: sexual content that predominantly appeals to a prurient interest, is patently offensive under adult community standards for what is suitable for minors, and lacks serious literary, artistic, political, or scientific value for minors. Mainstream adult video sites fall squarely within that definition, which is why they are the main target of the law, as our attorneys explain to clients who worry that their own browsing puts them at risk.

Why do some porn sites block Florida?

Some adult sites block Florida because their owners chose not to collect age verification from Florida users. Aylo, the company that owns Pornhub, cut off Florida access on January 1, 2025, the day the law took effect. Other large sites stayed open and added an age check. A blocked site is a business decision by the company, and it does not mean Florida made adult content illegal.

Florida has gone after sites that did neither. In August 2025, Attorney General James Uthmeier sued the operators of XVideos, XNXX, BangBros, and Girls Gone Wild for failing to verify ages, and in September 2025 his office filed two more complaints, including one against Aylo entities over sites such as SpiceVids and Nutaku. The State seeks injunctions and penalties of up to $50,000 per violation. We have not found a reported final judgment in those cases as of this update. None of these lawsuits targets individual viewers, and our attorneys give clients the same answer: the law’s penalties fall on the companies.

Is Florida’s age verification law constitutional after Free Speech Coalition v. Paxton?

Yes, as things stand, Florida’s law is in force and no court has blocked it. In Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025), an adult-industry trade group challenged Texas’s nearly identical age verification law. On June 27, 2025, the U.S. Supreme Court upheld the Texas law by a 6-3 vote. The Court applied intermediate scrutiny, recognized that adults have a right to view sexual material that is obscene only for minors, and held that “adults have no First Amendment right to avoid age verification.”

The same trade group had sued Florida in federal court in December 2024. After Paxton, the plaintiffs voluntarily dismissed the Florida case in July 2025. The practical lesson for Florida residents is simple: age checks on adult sites are here to stay, and the legal fight has shifted to whether particular sites are complying. The Brancato Law Firm follows these rulings because the same First Amendment principles shape obscenity and harmful-to-minors prosecutions.

Is it illegal to use a VPN to watch porn in Florida?

No, using a VPN is legal in Florida, and no Florida law punishes an adult for using one to reach lawful adult content. Section 501.1737 does not mention VPNs, and its duties fall on the website. Florida has not passed any law that restricts VPN use.

Research shows many people respond to these laws by changing how they get to adult content. A study by David Lang and colleagues at NYU’s Center for Social Media, AI, and Politics, published in the Journal of Law & Empirical Analysis in 2026, found that in the three months after age verification laws took effect, Google searches for VPN services rose 23.6%, searches for the leading site that complied fell about 51%, and searches for the leading site that did not comply rose 48.1%.

A VPN changes your apparent location. It does not change the legality of the content. If the material involves a minor, a VPN is no defense, and it does not erase what is stored on your phone, laptop, or cloud account. In our experience, the evidence in these cases usually comes from the devices and accounts themselves, plus records from the companies that run them.

When does pornography become a crime in Florida?

Pornography becomes a crime in Florida when it involves a minor, when it is legally obscene and distributed, or when it is published without the depicted person’s consent. The table below lists the offenses our attorneys see most, with current classifications, and our Tampa internet crimes attorney page explains how we defend each charge. Felony maximums come from section 775.082, Florida Statutes: 5 years for a third-degree felony, 15 years for a second-degree felony, and 30 years for a first-degree felony.

What makes porn “obscene” under Florida law?

Material is obscene only if it meets all three parts of the test from Miller v. California, 413 U.S. 15 (1973), the U.S. Supreme Court case about a man prosecuted for mailing sexually explicit advertising brochures. Florida copies that test into section 847.001: the average person, applying contemporary community standards, would find the work as a whole appeals to the prurient interest; it depicts sexual conduct in a patently offensive way; and, taken as a whole, it lacks serious literary, artistic, political, or scientific value. Most mainstream adult content is not prosecuted as obscene.

Under section 847.011, Florida Statutes, selling, distributing, or showing obscene material is a first-degree misdemeanor, and the statute still lists simple knowing possession as a second-degree misdemeanor. Private possession has constitutional protection, though. In Stanley v. Georgia, 394 U.S. 557 (1969), police searching a Georgia man’s home for bookmaking evidence found obscene films, and the Supreme Court held that a state cannot make “mere private possession of obscene material” in the home a crime. That protection stops at material involving children, as explained below.

Is it a crime to show or send porn to someone under 18?

Yes, and it is a felony. Knowingly showing, giving, or transmitting obscene material to a minor is a third-degree felony under section 847.0133. Sending an image or data that is harmful to minors to a specific person you know or believe is a minor is also a third-degree felony under section 847.0138, and that statute reaches senders outside Florida. The “believed” language is why undercover officers posing as teenagers can bring this charge even when no real child was involved.

Both offenses are on the list in section 943.0435, Florida Statutes that requires sex offender registration, which generally lasts for life. Questions about lawful sexual activity between people of different ages are a separate topic, covered in our guide to the age of consent in Florida.

What are the penalties for child pornography in Florida after July 1, 2026?

Knowingly possessing, controlling, or intentionally viewing child sexual abuse material is now a second-degree felony, punishable by up to 15 years in prison for each image. Chapter 2026-20, Laws of Florida (HB 1159), raised the offense from a third-degree felony for conduct on or after July 1, 2026, and renamed “child pornography” as “child sexual abuse material” throughout the statutes. Under section 827.071(5), each image is a separate offense, and an image showing more than one child counts once for each child. “Intentionally view” requires proof of more than a single image.

Sentences can climb further. Under section 775.0847, Florida Statutes, the charge is reclassified one degree higher when a person possesses 10 or more images and at least one shows a child under 12, sadomasochistic abuse, sexual battery, bestiality, or any video of a child. Transmitting the material to another person now carries a 5-year mandatory minimum for adults under section 847.0137, and that statute’s definition of “transmit” covers sharing a cloud link or login. A conviction under section 827.071 requires sex offender registration. For how the reclassification math works on a scoresheet, see our post on child pornography enhancements in Florida.

The constitutional rule behind these laws is settled. In Osborne v. Ohio, 495 U.S. 103 (1990), an Ohio man was convicted for possessing nude photographs of a boy in his home, and the Supreme Court held that states may ban private possession and viewing of child pornography because of their compelling interest in protecting children, distinguishing Stanley.

Is AI-generated child pornography illegal in Florida?

Yes. Section 827.072, Florida Statutes makes it a third-degree felony to knowingly possess or intentionally view “generated child sexual abuse material,” meaning computer-created images of a fictitious person a reasonable person would regard as a real minor engaged in sexual conduct. Creating that material, or sending it to another person, is a second-degree felony. An image altered to show an identifiable real child, such as a face swapped onto another body, falls under section 827.071 and its higher penalties.

Is revenge porn illegal in Florida?

Yes. Under section 784.049, Florida Statutes, publishing or electronically sending a sexually explicit image of a person without consent, together with information that identifies the person, is sexual cyberharassment. A first offense is a first-degree misdemeanor, a second is a third-degree felony, and the person shown can sue for the greater of $10,000 or actual damages. Sending an image to a partner does not, by itself, give up that person’s expectation of privacy.

How do child pornography investigations start in Florida?

Most child pornography investigations in Florida start with a tip from a tech company, not a police officer. Platforms that detect suspected child sexual abuse material report it to the CyberTipline run by the National Center for Missing & Exploited Children (NCMEC). In 2025, the CyberTipline received 21.3 million reports nationwide, and 126,256 of them were tied to Florida, according to NCMEC’s 2025 CyberTipline reports by state. NCMEC sends those reports to Internet Crimes Against Children task forces and local agencies, which subpoena account records, identify the internet subscriber, and apply for search warrants.

The same conduct can also be charged in federal court, and the federal district that includes Tampa sentences more of these cases than any other. In fiscal year 2025, the Middle District of Florida, which includes Tampa, sentenced 70 people for federal child pornography offenses, more than any other federal district, according to the U.S. Sentencing Commission’s fiscal year 2025 Quick Facts. The same report found that 74% of people sentenced for federal child pornography offenses that year had little or no prior criminal history.

That pattern matches what we see: many of the people who call us have never been arrested. The account holder is the first person investigators look at, even when someone else in the home did the searching. A teenager who searches for explicit content involving “kids my age” can trigger the same automated report as an adult, and the subpoenas and warrants usually point to the parent who pays for the internet service. Parental controls such as Apple Screen Time and Google Family Link can help prevent that situation, and activity logs from those tools can later help show who was using a device.

Can you be charged for images you did not know were on your device?

The State must prove you knew the material was there, and that element is often where these cases are won. In Strouse v. State, 932 So. 2d 326 (Fla. 4th DCA 2006), a man was charged with seven counts after his girlfriend found images on his laptop. Six counts were dismissed because those images were old temporary internet files or composite images from website banners. The conviction on the remaining count was affirmed because his girlfriend had seen that image appear as a new icon on his screen, which showed it was more than a file the computer stored automatically. A 2008 Florida Law Review note examined the same problem: whether a person should be convicted for files a browser cache saved on its own. Knowledge is tested twice, first in a motion to dismiss or a forensic challenge before trial and again in front of the jury.

What should you do if police contact you about images online?

Do not talk to the detective, do not consent to a device search, and do not delete anything. Call a lawyer before you respond. Deleting files after you know about an investigation can lead to a separate tampering charge, and forensic examiners can often recover deleted data anyway. A detective’s request to “clear this up” is usually an attempt to get the admission that proves knowledge.

1. Day 1: Decline the interview politely and ask for the detective’s name, agency, and case number.
2. Day 1: Do not unlock, wipe, reset, or hand over phones, computers, or cloud passwords without a warrant.
3. Days 1 to 3: Have a lawyer contact the agency, invoke your rights, and route all communication through counsel.
4. First weeks: Build the defense and mitigation record before the State decides what to file.

The weeks before an arrest are the best chance to shape the outcome, which is why our firm offers representation before charges are filed. Our attorneys review the actual files in person at the law enforcement agency rather than relying on a detective’s description, and we bring in forensic experts to test how each file got onto the device. If Google or another provider has notified you that police requested your account records, our guide on what to do after a Google account legal request walks through the first steps. When an investigation involves an in-person sex offense allegation as well, see our Tampa sex crimes lawyer page.

What results has our firm obtained in these cases?

Our attorneys have resolved internet and child pornography investigations without a registrable conviction, and in some cases without any charge. These results are published on our case results page.

Past results do not guarantee future outcomes.

Frequently asked questions about Florida porn laws

Is it illegal for a minor to watch porn in Florida?

Florida’s pornography laws target the websites and people who provide sexual material to minors, and no statute makes a minor’s viewing alone a crime. When teenagers trade nude images with each other, though, Florida’s sexting statute applies, starting with a noncriminal citation. The Brancato Law Firm represents families when a school or detective gets involved and works to keep a teenager’s mistake in juvenile court or out of court entirely.

Can I get in trouble for using a VPN to watch porn in Florida?

No, an adult using a VPN to reach lawful adult content does not violate Florida law, because section 501.1737 regulates websites, not viewers. Our attorneys at The Brancato Law Firm remind clients that a VPN offers no protection when the content involves a minor, since the evidence comes from the device and the accounts.

Is OnlyFans legal in Florida?

Yes, subscribing to or selling adult content on platforms like OnlyFans is legal in Florida when everyone involved is 18 or older and consented. The Brancato Law Firm advises adult creators that the legal risks come from content involving anyone under 18, posting another person’s images without consent, and material that meets the obscenity test.

What happens if my child searched for illegal content on my internet account?

Investigators usually start with the account holder, so a parent can become the first suspect when a child’s search triggers a report. The Brancato Law Firm steps in at that stage through pre-file advocacy, contacting the detective and helping show who actually used the device.

Is sending a nude photo to a 17-year-old a crime in Florida?

Yes, an adult who sends sexual images to someone known or believed to be a minor commits a third-degree felony under section 847.0138, and a conviction requires sex offender registration. The Brancato Law Firm defends these charges, including cases that come from undercover chats, as explained in our post on solicitation of a child using a computer.

Can child pornography charges be dropped in Florida?

Yes, prosecutors can drop or reduce these charges when the evidence of knowledge, age, or identity is weak or when the defense presents strong mitigation. In a 2026 case, The Brancato Law Firm obtained a reduction from four child pornography felonies to obscenity counts that do not require registration; learn more from our internet crimes defense team.

Do you have to register as a sex offender for possessing child pornography in Florida?

Yes, a conviction under section 827.071 requires sex offender registration under section 943.0435, generally for life, with a petition for removal possible only after 25 years in limited cases. The Brancato Law Firm looks for lawful resolutions that avoid a registrable offense, such as the obscenity reduction described above. Our guide to Florida child sexual abuse material charges covers the defenses in more detail.

Can police search my phone if they say they found porn on my account?

Police generally need a search warrant or your consent to search your phone, and you can refuse consent. The Brancato Law Firm reviews every warrant in these cases for problems with the probable cause, the scope of the search, and the timing of the forensic exam.

Talk to a lawyer before you talk to a detective

Your next step, if a detective has called, knocked, or sent a provider notice, is to say nothing about the images and call us first. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will contact the agency for you, protect your devices and accounts from a consent search, and start building the defense before the State decides what to charge. 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 Internet Crimes 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.