Articles Posted in New Florida Law

Can Social Media Make You a Gang Member in Florida? (2026)
Brancato Law Firm, P.A.

Updated November 8, 2026 Yes, it can now count. Since October 1, 2026, Florida’s definition of a “criminal gang member” in section 874.03(3) includes admitting gang membership online, using gang-related language on social media in furtherance of gang activity, and authoring any communication that indicates gang affiliation. A person meets the definition by satisfying any…

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What Is Career Offender Registration in Florida? (2026)
Brancato Law Firm, P.A.

Updated November 8, 2026 Career offender registration is a lifetime duty under Florida’s Career Offender Registration Act, section 775.261, for 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…

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Is Animal Cruelty Around a Child a Felony in Florida? (2026)
Brancato Law Firm, P.A.

Updated November 8, 2026 Yes. Since October 1, 2026, an adult who commits aggravated animal cruelty in the presence of a child under 18, or who causes or entices a child to commit it, commits a separate third-degree felony under section 828.12(4), Florida Statutes. The same rule now applies to animal fighting or baiting and…

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Is Lying on a Rental Application a Crime in Florida? (2026)
Brancato Law Firm, P.A.

Updated November 8, 2026 It can be. Since October 1, 2026, section 817.537, Florida Statutes, makes it a third-degree felony to enter into and take possession of a rental home by knowingly and willfully making a materially false written statement about your identity on a rental application, presenting forged or counterfeit documents such as a…

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Is Selling Nitrous Oxide a Felony in Florida? (2026)
Brancato Law Firm, P.A.

Updated November 8, 2026 Yes, for most retailers. Since October 1, 2026, Florida’s Meg’s Law, section 569.216, makes it a third-degree felony for a licensed tobacco or nicotine dealer, or any agent or employee of the dealer, to possess, sell, deliver, or give away nitrous oxide on or from the licensed premises. That covers smoke…

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What Is Florida’s 10-Day Search Warrant Rule? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 26, 2026. Florida’s 10-day search warrant rule, found in section 933.05, Florida Statutes, requires most search warrants to be executed and returned within 10 days after they are issued. A warrant executed late is stale, the search is invalid, and the evidence must be suppressed without any showing of prejudice,…

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Is Your License Plate Frame Illegal in Florida? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 26, 2026. No. A license plate frame is legal in Florida as long as it does not cover the plate number or the registration decal (validation sticker) in the upper right corner. The 2025 law that caused the confusion, section 320.262, targets license plate obscuring devices such as plate flippers…

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What Is Florida’s Mental Health Diversion Law? The Tristin Murphy Act (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 26, 2026. Florida’s mental health diversion law, the Tristin Murphy Act (SB 168, chapter 2025-180), took effect October 1, 2025. It created two model programs: misdemeanor and ordinance-violation diversion under section 916.135 and pretrial felony diversion under section 916.136. A person charged with a second- or third-degree felony may qualify…

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Tampa Strip Club Laws: What Is Legal and What Is Not? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 23, 2026. Tampa strip club laws come from three sources: the City of Tampa Code, Hillsborough County ordinances, and Florida statutes. Inside Tampa city limits, no one in an adult club may be nude or engage in sexual touching within six feet of another person, and a club that sells…

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Is Porn Legal in Florida? What the Age Verification Law Means for You (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 23, 2026. Yes. Porn is legal in Florida for adults 18 and older when everyone shown is an adult who consented and the material is not legally obscene. Porn is not banned in Florida, but since January 1, 2025, Florida’s age verification law (HB 3, section 501.1737) requires adult websites…

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Atty Rocky Brancato is an excellent attorney. He genuinely cares about his clients. You would not find anyone else as compassionate and talented as he is as a lawyer. I would 100% recommend him.

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Great Lawyer

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Meet Rocky Brancato

For over 25 years, Rocky Brancato has been a prominent force in Tampa Bay’s legal arena. Rocky rose to second-in-command at Tampa Bay’s largest defense firm before launching Brancato Law Firm, P.A. As a former specialized major crimes attorney for serious offenses like...