Updated November 6, 2026

For law enforcement officers, few moments are more devastating than being on the other side of the law. Whether you serve with the Tampa Police Department, Hillsborough County Sheriff’s Office, Pinellas County Sheriff’s Office, Pasco County Sheriff’s Office, or any agency in the Tampa Bay area, an arrest or criminal investigation brings risks that reach far beyond the courtroom.

Moreover, for officers who have spent their careers putting people behind bars, the stakes are uniquely personal. An officer facing charges is fighting for a career, a reputation, personal safety, and a future, along with freedom. I am Tampa Criminal Defense Attorney Rocky Brancato. My firm, The Brancato Law Firm, P.A., a Tampa criminal defense firm, can help put you back in duty, where you belong.

Law Enforcement Agencies We Serve

The Stakes Are Higher for Officers

For most defendants, the concern is avoiding fines, probation, or jail. For officers, however, the impact can be far harsher. Because of your “position of trust,” prosecutors may argue for tougher treatment than they would for a civilian.

Officer arrests are more common than most people think. A National Institute of Justice-funded study by Bowling Green State University researchers, Police Integrity Lost: A Study of Law Enforcement Officers Arrested (2016), identified 6,724 cases from 2005 through 2011 in which sworn officers were arrested. Those cases involved 5,545 individual officers employed by 2,529 state and local law enforcement agencies.

Loss of Second Amendment Rights

Under 18 U.S.C. § 922(g)(9), even a misdemeanor domestic violence conviction bars you from possessing a firearm or ammunition, and 18 U.S.C. § 925(a)(1) expressly withholds the usual exemption for government-issued service weapons from that ban. As a result, you would be unable to carry the very weapon that has defined your career. For an officer, losing firearm rights effectively ends your law enforcement career.

Personal Safety Concerns

If you have put people behind bars over the course of your career, the loss of your badge and firearm creates personal safety risks. Consequently, you lose not only your ability to work but also your ability to protect yourself and your family from those who may harbor grudges.

FDLE Certification at Risk

The Criminal Justice Standards and Training Commission, staffed by FDLE, can revoke, suspend, or place on probation an officer’s certification on a finding that the officer failed to maintain good moral character under § 943.1395(7), Florida Statutes. That finding does not require a criminal conviction, so disciplinary findings from an internal investigation can threaten your certification even if the criminal case is dropped. Therefore, protecting your certification requires defending against both criminal charges and administrative consequences.

Charges We Defend Against

The Brancato Law Firm defends officers against a wide range of criminal charges. Each type carries its own risks, but for law enforcement officers, the professional consequences often outweigh even the criminal penalties.

If You Have Faced Rocky Brancato’s Cross-Examination Before

Many officers in Hillsborough, Pinellas, and Pasco Counties have already faced Rocky Brancato in court. His cross-examinations are known for dismantling investigations and exposing weaknesses in testimony.

If you have ever been on that side of the stand, you know how difficult that pressure can be. However, when Rocky Brancato is in your corner, the equation flips entirely. His loyalty becomes 100% to you. Those accusing you will face the same relentless defense you once experienced in the witness box.

Trusted in the Most Serious Situations

The Tampa Police Benevolent Association and the Suncoast Police Benevolent Association trust Attorney Brancato to serve as on-call attorney for officer-involved shootings. That trust comes from more than 25 years of high-level criminal defense in Tampa Bay’s courts.

These organizations chose Rocky to serve the law enforcement community because they know he provides the most strategic, loyal, and high-level criminal defense available in the Tampa Bay area. Rocky knows that sometimes the chief law enforcement officer will take adverse positions against you in the media, for their own political expediency. He is not afraid and he is ready to change the narrative.

Unique Perspective from the Public Defender’s Office

Before founding The Brancato Law Firm, P.A., Rocky Brancato served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, the largest criminal defense operation in the county, where he oversaw a staff of over 100 attorneys. In that role, he collaborated extensively with law enforcement agencies across Hillsborough County.

As a result, he gained a perspective that few defense attorneys possess. That experience now informs his defense of officers who find themselves under investigation.

I Know What You Were Trained to Do—Because I Taught It

As a former police academy instructor, I trained officers on criminal procedure and courtroom testimony. I know what you were taught about Fourth Amendment searches, Miranda requirements, use of force documentation, and how to present yourself on the stand. When prosecutors or internal affairs try to second-guess your split-second decisions, I can put your actions in the context of your actual training—not some unrealistic standard invented after the fact.

Protecting Law Enforcement Officers’ Rights

Officers and correctional officers face unique risks that civilians do not. Therefore, a defense strategy must protect your rights at every stage:

• Garrity protections during internal affairs questioning, plus the rights in Florida’s Law Enforcement Officers’ Bill of Rights, § 112.532, Florida Statutes, including notice of the complaint and the right to have counsel present when an interrogation concerns your continued fitness for duty
• Independent review of evidence, from body-worn cameras to reports and witness statements
• Defense strategies tailored to certification risks and administrative hearings
• Strategic reputation management to limit media and public exposure
• Aggressive courtroom representation against prosecutors who seek to make an example of you

Garrity protections come from Garrity v. New Jersey, 385 U.S. 493 (1967). New Jersey officers were told they would be removed from office if they refused to answer investigators’ questions, and some of their answers were later used to prosecute them. The U.S. Supreme Court held that statements obtained under threat of removal from office cannot be used in a later criminal prosecution.

For more, see our posts on nurses and other licensed healthcare workers and teachers facing criminal charges.

Frequently Asked Questions

Take Action Before It’s Too Late

Investigations move quickly, and hesitation can cost opportunities to protect your record, your rights, and your reputation. If you are a law enforcement officer in Hillsborough, Pinellas, or Pasco County and are under investigation or facing charges, you need an attorney who understands what is at stake. Early representation before charges are filed can shape whether charges are filed at all.

Your career, your reputation, and your freedom deserve a defense attorney trusted in the most serious cases—an attorney who will fight with the same precision in your defense that once challenged you in the courtroom.

Before you sit for an internal affairs interview or talk to investigators, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, 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.

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.

On-Call Attorney for Tampa Police Benevolent Association & Suncoast PBA

Related: Tampa DUI Lawyer | Tampa Domestic Violence Lawyer | Tampa Sex Crimes Lawyer | Tampa Homicide Lawyer

As the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and the 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 often a healthcare worker’s license turns on the plea entered in the criminal case. I have tried more than 150 jury trials to verdict in over 25 years in Hillsborough County courtrooms. Our attorneys defend the criminal case with the Board of Nursing’s rules in view from the first day, and when a license matter is open, we coordinate with the client’s license counsel so the two cases move together.

This guide starts with nurses (RNs, LPNs, and APRNs). It then covers physicians, physician assistants, pharmacists, EMTs and paramedics, and certified nursing assistants.

Do nurses have to report an arrest to the Florida Board of Nursing?

No Florida statute requires a nurse to self-report an arrest by itself. Section 456.072(1)(x) makes it a disciplinary violation to fail to report, in writing within 30 days, a conviction, a finding of guilt, or a plea of nolo contendere to a crime in any jurisdiction, regardless of adjudication. A pending charge with no plea does not start that clock. The nursing practice act, section 464.018, also ties its criminal grounds for discipline to pleas and findings of guilt.

The arrest does not stay private, though. Under section 456.0135, a nurse who applied for a Florida license on or after January 1, 2013 submitted fingerprints that the Florida Department of Law Enforcement retains. Section 943.05 requires FDLE to report an arrest matched to retained prints to the appropriate agency. Nurses screened through the Care Provider Background Screening Clearinghouse have their arrest notifications reported to the Agency for Health Care Administration under section 435.12. Employer policies may separately require you to disclose an arrest, so read your handbook before your next shift. Our firm plans every healthcare client’s defense on the assumption that the Department of Health and the employer will learn of the arrest.

What must a Florida nurse report, and by when?

A Florida nurse must report a conviction, a finding of guilt, or a nolo contendere plea in writing within 30 days, and the arrest itself carries no statutory deadline. Other deadlines and automatic consequences follow from the type of charge and the type of job.

The 30-day report goes to the Board in writing. Physicians licensed under chapters 458 and 459 also must update their public practitioner profile within 15 days under section 456.042. Our attorneys flag the 30-day reporting deadline before any plea is entered.

Does a withhold of adjudication or a no contest plea still count against a nurse’s license?

Yes. Florida’s licensing statutes apply “regardless of adjudication,” so a withhold of adjudication (a judge’s decision not to formally convict) or a plea of nolo contendere (no contest) counts the same as a conviction for licensing purposes. Section 464.018(1)(c) covers any crime that directly relates to the practice of nursing or the ability to practice nursing.

Section 464.018(1)(d) goes further. It lists offenses that are grounds for nursing discipline whether or not they relate to nursing:

• A forcible felony
• Any theft or robbery offense under chapter 812
• Fraud under chapter 817
• Lewdness and indecent exposure under chapter 800
• Assault, battery, and culpable negligence under chapter 784
• Child abuse under chapters 827 and 39, and abuse of vulnerable adults under chapter 415
• For a nurse with a multistate (compact) license, any felony under Florida or federal law

That list means a misdemeanor petit theft plea or a simple battery plea with a withhold can open a Board of Nursing case. Section 464.018(1)(e) adds any offense listed in the level 2 screening statute, section 435.04, and any act of domestic violence. Our attorneys check every proposed plea against these lists before advising a nurse to accept it.

A withhold of adjudication did not stop the Board

In Brewer v. Florida Department of Health, Board of Nursing, 268 So. 3d 871 (Fla. 1st DCA 2019), a licensed practical nurse pleaded nolo contendere to burglary of an unoccupied dwelling. Adjudication was withheld, and she was sentenced to 90 days in the county jail. The Department of Health charged her with pleading to an offense listed in section 435.04 and with failing to report the plea within 30 days. The Board of Nursing permanently revoked her license.

The First District Court of Appeal reversed the revocation. The Board’s own guidelines set a range from a reprimand up to a $10,000 fine and suspension for a first offense, and the record held no clear and convincing evidence to justify going past that range. The withhold did not prevent discipline. What limited the damage was a thin record, and the criminal file is the record the Board reads. That is why our attorneys pay close attention to what goes into a plea form, a factual basis, and a sentencing order.

A DUI reduced to reckless driving still had to be reported

In Schaffner v. Florida Department of Health, No. 1D2022-2829 (Fla. 1st DCA May 8, 2024), a University of South Florida College of Pharmacy student held a pharmacy student intern registration when he was arrested for DUI. He pleaded nolo contendere to reckless driving. To stay in school he was evaluated by the Professionals Resource Network, did not comply with its monitoring plan, and was dismissed from the program. The Department of Health then charged him with failing to report the nolo plea within 30 days. The First District affirmed, holding that the Department could proceed because he was a licensee when he entered the plea.

A charge reduction that looks like a win in criminal court still produces a reportable plea. Our attorneys explain that trade-off to every licensed client before a reduced plea is accepted.

Which criminal charges put a Florida nursing license most at risk?

Felony drug charges, theft or drug diversion from an employer, health care fraud, and battery or domestic violence carry the most license risk, because Florida law names them. DUI and lesser misdemeanors are reportable on any plea, and the discipline that follows depends more on the facts.

Florida’s own enforcement numbers show how often nurses face emergency action. In fiscal year 2024-25, the Florida Department of Health issued 346 emergency orders, and registered nurses drew more than any other license type (76), with certified nursing assistants at 66 and licensed practical nurses at 25, according to the Division of Medical Quality Assurance FY 2024-25 Annual Report. The same report counts 347,857 active in-state registered nurses. Our attorneys treat any charge on this table as a license case from the first phone call.

What happens to a nurse’s license after a DUI or drug arrest?

A DUI or drug arrest does not suspend a nursing license on its own, but the plea that ends the case can. These two charges also raise impairment questions, which can bring the Intervention Project for Nurses into the picture.

DUI arrests

A first DUI under section 316.193 is a misdemeanor, and any plea to it, or to a reduced charge such as reckless driving, must be reported within 30 days. Our Tampa DUI lawyer team attacks the stop, the field sobriety exercises, and the breath or blood result first, because a suppressed test can mean no plea at all. As a former police academy instructor and a member of the National College for DUI Defense and the DUI Defense Lawyers Association, I know how officers are trained to build these cases. The driver license has its own 10-day deadline, explained in our post on protecting your Florida driver’s license after a DUI arrest.

Drug possession and prescription drug charges

Possession of a controlled substance without a valid prescription under section 893.13(6)(a) is a third-degree felony, and obtaining a controlled substance by misrepresentation or fraud under section 893.13(7)(a)9. is also a third-degree felony. A plea to either, with or without a withhold, requires an emergency suspension under section 456.074(1)(a). At renewal, section 456.0635 requires the Department to refuse renewal until the sentence and any probation ended more than 5 years earlier for a section 893.13(6)(a) felony, 10 years for other third-degree felonies, and 15 years for first- and second-degree felonies. The exception is a nurse currently enrolled in a pretrial diversion or drug court program that allows the plea to be withdrawn on completion. Our Tampa drug crimes attorney page explains the possession defenses we raise first.

Drug diversion investigations at the hospital

A medication discrepancy at work often becomes an investigation before anyone is arrested. That window is the time for representation before charges are filed. Do not give a written or recorded statement to hospital security, a pharmacy investigator, or a detective before speaking with a defense attorney. Our post on the signs you are being investigated for a crime in Florida lists the warning signs, and our attorneys can contact the detective and the State Attorney’s Office for you.

What are IPN and PRN, and how do they affect the criminal case?

IPN and PRN are Florida’s impaired practitioner programs under section 456.076, which evaluate and monitor licensees with alcohol, drug, or mental health conditions. The Intervention Project for Nurses (IPN) serves nurses. The Professionals Resource Network (PRN) is the other designated program and serves physicians and other licensed professionals. IPN accepts referrals from employers, treatment providers, attorneys, the Department of Health, and the Board of Nursing, and nurses may self-refer.

The statute gives the program real weight. When the Department receives a complaint alleging only impairment, it refers the licensee to the program, and the impairment is not grounds for discipline if the licensee acknowledges it, enters the program, and completes the participant contract. For a licensee who self-refers before any Department investigation exists, the program may not report to the Department while the licensee stays compliant. A licensee terminated for noncompliance is reported, and that report becomes a complaint.

Monitoring is a long commitment. A 2020 study in the Journal of Nursing Regulation, Smiley and Reneau, “Outcomes of Substance Use Disorder Monitoring Programs for Nurses”, followed 7,737 nurses in 13 monitoring programs and found that about 61.5% completed them; the authors recommend at least three years of monitoring. Whether and when to self-refer is a licensing decision to make with license counsel. Our attorneys coordinate the timing so the evaluation, any treatment, and the criminal case support each other.

How does the criminal case outcome protect a nurse’s license?

A nurse’s license is safest when the criminal case ends without a plea. A no-file decision, a dismissal, a not guilty verdict, or diversion completed without a plea leaves nothing to report under section 456.072(1)(x).

Under section 948.08, first offenders charged with a misdemeanor or third-degree felony can be considered for pretrial intervention with the State Attorney’s consent, and defendants charged with nonviolent felonies who complete the drug treatment track have their charges dismissed.

In Hillsborough County, the State Attorney’s Office for the 13th Judicial Circuit runs several programs that matter to healthcare workers. RIDR (Reducing Impaired Driving Recidivism) covers first-time, non-aggravated DUI cases with enhanced sanctions such as alcohol monitoring and DUI education, and in our experience it may result in a reduction to reckless driving. DETRR (Drug Education and Treatment Reducing Recidivism) is limited to drug possession cases for low-risk, non-violent defendants, and the charge is dismissed after treatment or education and six months without a new arrest. The Misdemeanor Intervention Program is a diversion program for first-time offenders that requires the State Attorney’s consent.

One question decides the licensing effect of each program: does it require a plea? A plea entered to get into a program can itself be the event the Board must hear about within 30 days, as Schaffner v. Florida Department of Health, No. 1D2022-2829 (Fla. 1st DCA May 8, 2024) shows. Our attorneys answer that question before a nurse signs anything. Pinellas and Pasco cases are handled by a different State Attorney’s Office with its own programs; see our Pinellas County and Pasco County pages.

The best outcome is often reached before the State Attorney decides whether to file. Through pre-file advocacy, our attorneys present the mitigation a prosecutor needs to decline or divert: treatment records, a clean license history, employer support, and the weaknesses in the State’s evidence.

I’m a nurse arrested for a misdemeanor in Tampa. What should I do in the next 30 days?

Protect the criminal case first, because the criminal outcome decides what the Board will see. These steps apply in Hillsborough, where arrestees are booked at the Orient Road Jail and appear at first appearance by video, and in Pinellas and Pasco.

1. Say nothing about the facts at first appearance. The judge sets release conditions; the facts come later.
2. Do not give statements to police, your employer’s investigators, or a Department of Health investigator before speaking with counsel.
3. If the arrest was for DUI, act within 10 days to request the driver license review hearing.
4. Hire a criminal defense attorney before arraignment, while the State Attorney is still deciding what to file.
5. Read your employer’s policy on reporting arrests, and ask license counsel whether to contact IPN.
6. Map every plea offer to the licensing rules: the 30-day report, emergency suspension, renewal bars, and level 2 screening.
7. If a plea is entered, calendar day 30 and make sure the written report reaches the Board on time.

Our attorneys can walk you through this list at a free consultation.

How do the rules differ for physicians, pharmacists, PAs, EMTs, and CNAs?

Every Florida healthcare license reaches pleas “regardless of adjudication,” but the details differ by profession. The 30-day report under section 456.072(1)(x) applies to licensees regulated under chapter 456.

• Physicians (MD and DO). Section 458.331(1)(c) covers a crime that directly relates to the practice of medicine or the ability to practice. Physicians also have the 15-day profile update, and PRN is their impaired practitioner program.
• Physician assistants. PAs are disciplined under section 456.072 and section 458.331, and a PA sits on the probable cause panel in PA cases.
• Pharmacists. Under section 465.016(1)(f), a plea of nolo contendere counts as a conviction, and violating chapter 893 is a separate ground for discipline under section 465.016(1)(e).
• EMTs and paramedics. These certificates fall under chapter 401. Section 401.411 allows discipline for a guilty or nolo plea to a crime related to EMS practice, for possession of a controlled substance outside legitimate duties, and for a felony conviction unless civil rights have been restored.
• Certified nursing assistants. CNAs are certified by the Board of Nursing, and section 464.204 makes any chapter 456 violation a ground for discipline. Most CNA jobs require level 2 screening, and the Board can grant an exemption from disqualification.

Teachers and law enforcement officers answer to their own licensing systems. See our posts on criminal defense for teachers in Tampa and criminal defense for law enforcement officers. The criminal defense approach in this guide applies to each of them.

What results has our firm obtained for licensed professionals and drug charges?

Our firm’s published results include outcomes that ended without a conviction and protected careers.

For a nurse, a reduction like the airline pilot’s still produces a plea that must be reported within 30 days, which is why our attorneys push for a no-file, a dismissal, or diversion without a plea first. More outcomes are on our case results page. Past results do not guarantee future outcomes.

Why do nurses and healthcare workers call The Brancato Law Firm?

Our practice is devoted entirely to criminal defense, from misdemeanors to capital cases. That focus is what a licensed professional needs, because the license depends on the criminal disposition.

• Experience you can measure. Over 150 jury trials to verdict, 25+ years in Hillsborough County, former Major Crimes Unit attorney, and former Chief Operations Officer of the Hillsborough County Public Defender’s Office overseeing a staff of over 100 attorneys. Rocky Brancato holds an AV Preeminent rating, Super Lawyers selection, and National Trial Lawyers Top 100 recognition, and wrote “How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.”
• The license in view. Our attorneys handle the criminal case and coordinate with your license counsel when a Board matter is open.
• Three counties. We defend clients in Hillsborough, Pinellas, and Pasco Counties, two blocks from the Hillsborough County Courthouse.
• Reachable. Call us at any hour. Clients get case updates through our client portal, and calls are returned within 24 hours. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Clear fees. We quote a flat fee for the whole case, including trial, based on the facts and intricacy of the case. At least half is due up front, with a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, and consultations are free. Our post on what a criminal defense attorney costs in Tampa explains why a separate trial fee creates a financial incentive to settle before trial preparation.

For more about our defense strategies, visit our DUI defense and drug charge defense pages.

Frequently Asked Questions

Do I have to tell my hospital I was arrested in Florida?

No Florida statute requires a nurse to tell an employer about an arrest, but your employer’s policy may. Our attorneys at The Brancato Law Firm can review your employer’s disclosure rule with you before you respond to it. Hospitals and other employers that screen through the Care Provider Background Screening Clearinghouse can learn of the arrest through retained fingerprints under section 435.12.

Can a nurse lose her license for a first DUI in Florida?

A first DUI does not automatically suspend a nursing license, but any plea must be reported within 30 days and can lead to discipline or an IPN evaluation. Our attorneys at The Brancato Law Firm challenge the stop and the test results first, because a case that ends without a plea leaves nothing to report. Our Tampa DUI defense page explains the defenses we raise.

Will a withhold of adjudication protect my nursing license?

No, because Florida’s nursing discipline statute applies “regardless of adjudication.” The Brancato Law Firm treats a withhold as a fallback and works first for a no-file, a dismissal, or diversion without a plea. In Brewer v. Florida Department of Health, Board of Nursing, 268 So. 3d 871 (Fla. 1st DCA 2019), an LPN with a withhold of adjudication still had her license revoked by the Board before the appeals court reversed the penalty.

Is a reckless driving plea reportable to the Florida Board of Nursing?

Yes, a plea of guilty or nolo contendere to reckless driving is a plea to a crime, and it must be reported in writing within 30 days. Our attorneys at The Brancato Law Firm explain this before any DUI reduction is accepted, so the client and license counsel can meet the deadline.

Can criminal charges against a nurse be dropped in Florida?

Yes, charges can be dropped through a no-file decision, a nolle prosequi, a dismissal after a successful motion, or completion of a diversion program. The Brancato Law Firm pursues those outcomes first through pre-file advocacy with the State Attorney’s Office before a filing decision is made.

Can I seal my record so the Department of Health never sees it?

No, because section 943.059 bars a person with a sealed record from denying it when seeking employment or licensure with the Department of Health or when screened through the Care Provider Background Screening Clearinghouse. The Brancato Law Firm advises healthcare clients on sealing eligibility and is clear that sealing does not hide the record from licensing agencies.

What kind of lawyer should a Tampa nurse arrested for a misdemeanor hire?

Start with a criminal defense attorney, because the criminal outcome decides what the Board of Nursing will see. The Brancato Law Firm defends the criminal case and coordinates with license counsel when the Department of Health opens a file. Our Tampa drug crimes defense and DUI teams handle the charges nurses most often face.

Your license clock starts with the plea

Your license clock starts the day you enter a plea, and the best chance to keep that clock from ever starting is right now, before the State Attorney decides what to file. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends nurses, physicians, pharmacists, EMTs, and other licensed healthcare workers across Hillsborough, Pinellas, and Pasco Counties. Our attorneys will review the arrest report, identify every route that ends without a plea, and coordinate with your license counsel. Call (813) 727-7159 at any hour for a free consultation.

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

What Does Florida Law Make a Crime?

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

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

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

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

What Counts as “Practicing Law” in Florida?

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

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

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

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

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

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

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

How Does an Unlicensed Practice of Law Case Usually Start?

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

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

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

Why Are Notaries and Immigration Consultants at Higher Risk?

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

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

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

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

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

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

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

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

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

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

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

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

Frequently Asked Questions About Unlicensed Practice of Law in Florida

Is the unlicensed practice of law a felony in Florida?

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

Can a paralegal be charged with unlicensed practice of law?

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

Can a notary help with immigration forms in Florida?

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

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

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

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

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

Can unlicensed practice of law charges be dropped in Florida?

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

Talk to a Tampa Defense Attorney About a UPL Accusation

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

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

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

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

Many unlicensed contracting cases begin with a homeowner’s complaint to the state or an undercover bid request, not a 911 call, and the first contact is often an investigator asking for a quote or a license number. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend contractors, handymen, and business owners charged under section 489.127 across Hillsborough, Pinellas, and Pasco Counties, and we often step in while the case is still an investigation.

What Does Section 489.127 Make a Crime?

Section 489.127(1), Florida Statutes, lists the prohibited acts. No person may:

• Falsely hold himself, herself, or a business out as a licensee, certificateholder, or registrant;
• Impersonate a certificateholder or registrant, or present another person’s certificate or registration as his or her own;
• Knowingly give false or forged evidence to the licensing board;
• Use or attempt to use a suspended or revoked certificate or registration;
• Engage in the business or act in the capacity of a contractor, or advertise as available to do so, without being duly registered or certified;
• Operate a contracting business more than 60 days after its only qualifying agent leaves without designating a new one;
• Commence or perform work that requires a building permit without the permit; or
• Willfully or deliberately violate a county or municipal ordinance on uncertified or unregistered contractors.

Two definitions in the same subsection catch people off guard. A person or business “operating on an inactive or suspended certificate or registration is not duly certified or registered and is considered unlicensed,” and “A business tax receipt issued under the authority of chapter 205 is not a license.” A county or city business tax receipt does not make someone a licensed contractor.

What Are the Penalties for Unlicensed Contracting in Florida?

The degree depends on the person’s history and when the work happened. Section 489.127(2) sets the ladder, and section 489.127(4) applies a parallel ladder to licensed contractors who lend their numbers.

Maximum terms and fines come from section 775.082 and section 775.083, Florida Statutes. The felony step in (2)(b) requires that the person was “previously found guilty” of a violation, so a second arrest alone does not make a case a felony. Our attorneys check the prior disposition first.

Why Does a Hurricane Turn Unlicensed Contracting Into a Felony?

Because section 489.127(2)(c) makes any violation of subsection (1) a third-degree felony when it happens “during the existence of a state of emergency declared by executive order of the Governor.” After a storm, repair work that would be a first-offense misdemeanor any other month can be filed as a felony.

The emergency enhancement is only as strong as the order behind it. Our attorneys pull the executive order, check that it covered the county where the work happened and was still in effect on the dates charged, and hold the State to proving both. The Department of Business and Professional Regulation calls natural disasters “a magnet for unlicensed activity”; its FY 2023-24 annual report says teams including the Tampa office conducted more than 60 sweeps, 338 site visits, and more than 1,200 license checks after Hurricane Idalia.

Can a Licensed Contractor Be Charged for Lending a License Number?

Yes. Under section 489.127(4), a certified or registered contractor may not:

• Enter into an agreement, “oral or written,” that lets an unlicensed person or an unqualified business use his or her certification or registration number;
• “Knowingly allow” an unlicensed person or unqualified business to use the number; or
• Apply for or obtain a building permit unless the contractor, or a business the contractor qualifies, has actually contracted to do the work at that property.

The permit rule has two built-in exceptions: it does not stop a contractor from pulling a permit to do work for someone else without compensation, or to work on property the contractor owns. The “knowingly allow” paragraph requires proof of knowledge, which is often the weakest part of the State’s case. Our attorneys at The Brancato Law Firm look at what the contractor was told, what was signed, and who actually controlled the job.

Which Jobs Do Not Require a Contractor’s License in Florida?

Several kinds of work are exempt under section 489.103, Florida Statutes, and an exemption is a complete answer to an unlicensed contracting charge. Two come up most often:

Whether a job needed a license at all is also a question of what the work was. The State must show the person was acting as a contractor as section 489.105 defines it, and that is where the next case comes in.

What Does the State Have to Prove in an Unlicensed Contracting Case?

In Dubois v. State, 363 So. 3d 246 (Fla. 6th DCA 2023), a Lee County jury convicted a woman of contracting without a license over a home generator. The Sixth District explained that, to prove a person was a contractor, the State must show the person undertook to “construct, repair, alter, remodel, add to, demolish, subtract from or improve a building or structure” for others, did so for compensation, and had a job scope substantially similar to one of the contractor categories in section 489.105(3).

The State never introduced the written contract, and the homeowner did not testify that she had agreed to install the generator, let alone in a way that altered the house. The court held that “no rational trier of fact could have found the existence of all of the elements” and ordered a judgment of acquittal. Delivering equipment or quoting a price is not the same as contracting to alter a structure, and our attorneys hold the State to the difference.

What Happens After a DBPR Stop-Work Order or Code Enforcement Citation?

Both can come before, or instead of, a criminal case. Under section 489.127(3), DBPR may issue a stop-work order “upon finding probable cause” that work requiring a license is being done without one, and it may enforce the order through cease-and-desist actions under section 455.228, Florida Statutes.

Under section 489.127(5), counties and cities may designate code enforcement officers to cite unlicensed contracting. The officer’s citation penalty “may not exceed $2,000,” but a person who requests a hearing and loses can be ordered by the board or special magistrate to pay up to “$2,500 per day for each violation,” and a recorded order becomes a lien on the violator’s real and personal property. The person has 10 days, excluding weekends and legal holidays, to pay or request a hearing. What a contractor says at that hearing can become evidence in a criminal case, so our attorneys prepare it with the criminal exposure in mind.

How Often Does Florida Act Against Unlicensed Activity?

Thousands of times a year. In fiscal year 2023-24, DBPR’s Division of Regulation received 4,372 complaints of unlicensed activity across the professions it regulates, found 2,735 legally sufficient for investigation, and issued 1,118 notices to cease and desist, 731 citations, and 1,013 final orders, according to the department’s FY 2023-24 annual report. The same report counts 524 sweep operations and 12 undercover enforcement operations, and says completed unlicensed activity cases “are also forwarded to State Attorney’s Offices for review and potential criminal prosecution.”

Arrests follow the stings. The Legislature’s Office of Program Policy Analysis and Government Accountability, in Report No. 10-03 (January 2010), found that DBPR conducted 352 construction-related sweeps and 20 sting operations in FY 2008-09, and that law enforcement took part in 28 sweeps and 19 stings and made 367 arrests. The figures are from 2010, the most recent year that report covers.

What Civil Consequences Come With Unlicensed Contracting?

The criminal case is only part of the exposure. Under section 489.128, Florida Statutes, contracts entered into by an unlicensed contractor “shall be unenforceable in law or in equity by the unlicensed contractor,” which can wipe out the right to collect for finished work. In Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013), the Florida Supreme Court held that “a party’s knowledge that a contractor is unlicensed is insufficient as a matter of law to establish the defense of in pari delicto,” so the unlicensed contractor cannot argue the customer was equally at fault.

Timing matters under section 489.128. For that statute, a contractor is considered unlicensed “only if the contractor was unlicensed on the effective date of the original contract,” or on the signing date or the first day of work if no effective date is stated. That rule governs contract enforcement, not the criminal charge, but the licensing records gathered for one usually decide the other.

How Do Our Attorneys Defend an Unlicensed Contracting Charge?

We start with the elements and the paper trail:

1. Was a license required? We test the job against the $2,500 minor-work exemption, the owner-builder exemption, and the other exemptions in section 489.103.
2. Was the person acting as a contractor? Under Dubois, the State must prove an agreement to alter or improve a structure, for compensation, within a contractor’s job scope.
3. What did the licensing records show on the dates charged? We pull DBPR history for active, inactive, suspended, and qualifying-agent status.
4. Does the felony enhancement hold? We check the prior finding of guilt, or the emergency order’s dates and counties.
5. For license lending, what did the contractor know? The “knowingly allow” paragraph requires proof of knowledge.
6. Can the case end without a conviction? Restitution, a corrected license status, and diversion can resolve many first offenses.

Our Tampa white collar crime attorney page explains how we handle regulatory and fraud-related charges, and our representation before charges are filed can address a DBPR or police investigation before an arrest.

What Should You Do If You Are Under Investigation for Unlicensed Contracting?

• Do not give a recorded statement to an investigator or code officer about whether you hold a license or what you agreed to do.
• Stop the work in question if you received a stop-work order, and keep a copy of the order.
• Gather the paperwork: contracts, estimates, invoices, permits, texts with the customer, and any license or qualifying-agent records.
• Note the deadline on any code enforcement citation; you have 10 days, excluding weekends and holidays, to pay or request a hearing.
• Call a defense lawyer before the hearing or any interview.

Cases filed in Hillsborough County are prosecuted by the State Attorney’s Office for the 13th Judicial Circuit. See our Hillsborough County criminal defense attorney page, or our pages for Pinellas County and Pasco County cases.

Frequently Asked Questions About Unlicensed Contracting in Florida

Is unlicensed contracting a felony in Florida?

It is a first-degree misdemeanor for a first violation, and a third-degree felony after a prior finding of guilt or during a Governor-declared state of emergency. The Brancato Law Firm checks the prior record and the emergency order before anything else, because those two facts set the degree; our white collar defense page has more.

How much work can you do without a license in Florida?

Casual, minor, or inconsequential work with an aggregate contract price under $2,500 is exempt, unless it is part of a larger job, was split up to evade the law, or the person advertises as a contractor. Our attorneys at The Brancato Law Firm add up every invoice on the project, because the State often does.

Can unlicensed contracting charges be dropped in Florida?

Yes, when an exemption applies, the work was not contracting, the license records do not support the charge, or the case resolves through restitution or diversion. The Brancato Law Firm presents those facts to the prosecutor early, often through our pre-file advocacy.

Is a business tax receipt the same as a contractor’s license?

No. Section 489.127(1) says a business tax receipt issued under chapter 205 “is not a license for purposes of this part.” The Brancato Law Firm reviews which state certification or registration, if any, the job actually required.

Can I go to jail for contracting without a license in Florida?

Yes, up to 1 year for a first-offense misdemeanor and up to 5 years for a felony, although many first offenses resolve without jail. Our attorneys at The Brancato Law Firm focus on restitution, licensing fixes, and diversion where the facts allow.

What happens if I ignore a code enforcement citation for unlicensed contracting?

The citation becomes final, the penalty can become a recorded lien, and willfully refusing to sign and accept a citation is a second-degree misdemeanor. The Brancato Law Firm can request the hearing and prepare for it with any criminal exposure in mind.

Talk to a Tampa Defense Attorney About a Contracting Charge

If an investigator has asked about your license, a job site has been shut down, or you have a court date, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will review the license records, the contracts, and any emergency order, and work toward a result that protects both your record and your business. You can call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

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

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

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

A Florida school district’s first move after a teacher’s arrest is to read the charge, because the charge decides which deadlines start running. A felony, or a misdemeanor on the state’s Level 2 screening list, starts a 48-hour self-report clock, a 24-hour classroom-removal policy, and often a complaint to the Department of Education. I saw how child abuse and sex offense investigations are built during my years in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, and I later served as that office’s Chief Operations Officer, overseeing a staff of over 100 attorneys. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict over 25+ years in Hillsborough County courtrooms. Our attorneys defend the criminal case and coordinate with the teacher’s union representative and certification counsel, so the criminal strategy protects the certificate too.

Do Florida teachers have to report an arrest within 48 hours?

Yes. Under section 1012.799(2), Florida Statutes, instructional and administrative personnel must self-report any felony arrest, and any arrest for a misdemeanor listed in the Level 2 screening statute, within 48 hours to the school district authority the superintendent designates. The same statute requires a second report within 48 hours after the final judgment for any conviction, finding of guilt, withhold of adjudication, plea of guilty or no contest, or entry into a pretrial diversion program, for any offense other than a minor traffic violation.

The State Board of Education added the same duty to the Principles of Professional Conduct, Rule 6A-10.081, effective October 28, 2025. A violation of the Principles is itself a ground for discipline. Before Senate Bill 1374 took effect on July 1, 2025, the arrest-reporting duty covered only child abuse and controlled substance charges, according to the Florida Senate’s 2025 bill analysis.

The statute says the self-report is not an admission of guilt and is not admissible for any purpose in any civil, criminal, administrative, or judicial proceeding. That protection covers the report. It does not cover a later conversation with a principal or an investigator about what happened. Our attorneys advise teachers to report the date, the arresting agency, and the charge, and to hold any explanation until we have read the arrest report.

What happens to a teacher’s job after an arrest in Hillsborough County?

A teacher arrested for a felony or a listed misdemeanor is removed from the classroom within 24 hours of the district learning of the arrest. Section 1012.22(1)(j), Florida Statutes, requires every school board to adopt that temporary-removal policy, and the 24 hours run from notice by law enforcement or by the teacher’s own self-report. The statute does not say whether the teacher is reassigned or placed on leave, or whether the leave is paid. Those terms come from the district’s policy and the union contract.

In Hillsborough County Public Schools, arrests of employees go to the district’s Professional Standards office, part of the Division of Human Resources. The district says that office conducts internal investigations of complaints against employees, coordinates all law enforcement and child protective investigator (CPI) investigations involving employees, manages employee arrest information, and handles due process under the teachers’ union contract. Its investigators are commissioned retired law enforcement officers. For that reason, our attorneys prepare a teacher for a Professional Standards interview the same way we prepare a client for a police interview.

The criminal case adds its own limits. Hillsborough arrestees see a judge at first appearance by video from the jail, and Hillsborough County does not offer pretrial services supervision as a release option, though nearby counties do. When the alleged victim is a student, the judge may enter a no-contact order under section 903.047, Florida Statutes. Unless the court says otherwise, that order bars the teacher from coming within 500 feet of a place the student regularly frequents, which can include the school itself. Our firm handles these cases in Hillsborough County, Pinellas County, and Pasco County.

How does the Florida Department of Education investigate a teacher?

The Department of Education’s Office of Professional Practices Services investigates complaints against certified educators, and a school district must file every legally sufficient complaint with the Department in writing within 30 days of learning about it. That duty comes from section 1012.796, Florida Statutes, and it applies even if the teacher resigns. The Department’s description of the process follows these steps:

1. The district or another source files a complaint, and the Department confirms the person holds or has applied for a Florida educator certificate.
2. The Department opens a case and notifies the educator and the employing district.
3. Investigators interview the alleged victim and witnesses and collect documents and other evidence.
4. The educator is offered a meeting to respond with explanations, rebuttals, or documents.
5. Department lawyers review the file, and the Commissioner of Education decides whether probable cause exists.
6. If probable cause is found, the Commissioner files a formal complaint. The educator can settle, request an informal hearing before the Education Practices Commission, or request a formal hearing before an administrative law judge if the facts are disputed.
7. The Commission issues a final order.

The criminal case and the Department case run on separate tracks, but they feed each other. The state attorney’s power to pause the 90-day clock means the criminal case often goes first in student-misconduct cases. A plea entered in court then arrives at the Department as evidence.

What can the Education Practices Commission do to a teaching certificate?

The Education Practices Commission can dismiss the complaint or impose penalties ranging from a written reprimand to permanent revocation of the educator certificate. Section 1012.795, Florida Statutes, lists the grounds, which include any conviction, finding of guilt, withhold, or guilty or no contest plea to a misdemeanor or felony other than a minor traffic violation, personal conduct that seriously reduces the teacher’s effectiveness, and violation of the Principles of Professional Conduct.

The Disqualification List is small. As of October 1, 2025, 79 individuals were on the Department of Education’s Disqualification List, according to a November 2025 Professional Practices Services presentation. The statute also directs the Commission to adopt rules requiring permanent revocation for an educator sanctioned on two previous occasions, with a narrow exception for administrative violations such as a missed probation fee.

Which criminal charges disqualify a teacher from working in a Florida school?

A teacher becomes ineligible for certification or for any school job with direct student contact if the person has a qualifying disposition for an offense on the Level 2 screening list in section 435.04(2), Florida Statutes. Section 1012.315, Florida Statutes, applies that list to educators. The screening statute reaches anyone who has been found guilty regardless of adjudication, who has pleaded guilty or no contest, or who has been “arrested for and is awaiting final disposition of” a listed offense. A pending case alone can keep a teacher out of a student-contact position until it is resolved.

Some disqualified employees can apply for an exemption under section 435.07, Florida Statutes, by proving rehabilitation with clear and convincing evidence after completing the sentence. The exemption is closed to anyone designated a sexual predator or required to register as a sexual offender, and section 1012.315 closes it for a long list of serious offenses. Those limits are why our attorneys check every proposed plea against the screening list before a teacher signs anything.

What is Level 2 background screening for Florida teachers?

Level 2 screening is the fingerprint-based background check Florida requires as a condition of hiring and of continued employment for school staff. Under section 435.04(1), it includes a statewide check through the Florida Department of Law Enforcement, a national check through the FBI, local law enforcement records, and a search of the sex offender registries of every state where the person lived in the previous five years. Section 1012.315 assigns the eligibility decision for school employees with direct student contact to the Agency for Health Care Administration.

Education employers began using the state’s background screening Clearinghouse on April 7, 2025, and all education staff must be phased in by June 30, 2027, according to the Department’s 2025 Professional Practices Services presentation. For a teacher, the screening system is one more place an arrest record can surface, whether or not anyone at school mentions it.

Does a withhold of adjudication or no contest plea still count against a teacher?

Yes. Section 1012.795(1)(f) makes a withhold of adjudication or a no contest plea a ground for discipline, and section 435.04(2) counts a no contest plea “regardless of adjudication” for screening. Both must also be self-reported within 48 hours after the judgment. A guilty plea goes further: section 1012.795(2) makes it prima facie proof of grounds for revocation unless the teacher proves it was caused by threats, coercion, or fraud.

Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987), shows both how a plea follows a teacher and how a teacher can still win the license case. Ferris was a Hernando County elementary teacher who pleaded no contest to sexual battery and received probation with adjudication withheld. A hearing officer later found that the alleged contact with the student never happened, and the Commission dismissed the revocation complaint. The Florida Supreme Court held that revoking a teacher’s certificate requires clear and convincing evidence and reinstated the dismissal. That plea would trigger today’s Level 2 screening disqualification on its own, which is why the plea decision now matters even more than it did in 1987.

Sealing or expunging the record later does not hide it from a school. Under section 943.0585, Florida Statutes, a person with an expunged record may not deny the arrest when seeking employment or licensure with the Department of Education or a school district. Pretrial diversion is different from a plea. A diversion program ends with the charges dismissed and no finding of guilt, though entering the program must still be self-reported within 48 hours and the Department can still review the underlying conduct.

What criminal charges do teachers face most often?

Most criminal cases against teachers fall into four groups: discipline or restraint allegations, sex offense allegations involving students, DUI, and drug possession. Each one carries a different screening and reporting result, so the defense plan starts with the charge.

Discipline, restraint, and child abuse allegations

Florida defines child abuse in section 827.03 to include an intentional act that could reasonably be expected to cause physical or mental injury to a child, and child abuse without great bodily harm is a third-degree felony punishable by up to five years in prison. Allegations against school employees are classified as “institutional child abuse or neglect” under section 39.01, Florida Statutes, so a teacher can face a child protective investigation and a police investigation at the same time. Our Tampa child abuse attorney team handles both tracks from the first call.

When does teacher discipline become child abuse in Florida?

Florida appellate courts have drawn a line between discipline and abuse, and two decisions show contact without injury falling short of a crime. In State v. Lanier, 979 So. 2d 365 (Fla. 4th DCA 2008), a Broward elementary teacher was charged with child abuse after she stomped on a four-year-old’s foot because he had stepped on another child’s foot, along with charges from a second classroom incident. The child had no bruise and needed no treatment. The Fourth District affirmed dismissal of all three child abuse and neglect counts on a sworn motion to dismiss, and it held that the school board’s ban on corporal punishment did not decide whether a crime occurred. The lesson for teachers is that violating a district discipline policy can cost a job without proving a felony.

Morris v. State, 228 So. 3d 670 (Fla. 1st DCA 2017), carried that reasoning to a misdemeanor. A pre-kindergarten teacher’s aide in Pensacola was charged with child abuse after a combative four-year-old spat at and kicked at her in a hallway. She slapped her hand down toward his face and caught his leg, and he fell; she said she was blocking the spit and the kick. The jury acquitted her of child abuse but convicted her of simple battery. The First District reversed and ordered a judgment of acquittal, holding that school staff acting in place of a parent are privileged to touch a student in a non-abusive way while moderately correcting him. Florida law adds a teacher-specific protection: under section 1015.05, Florida Statutes, a teacher may use reasonable force to protect himself, herself, or others, and in litigation or professional practices proceedings over that action there is a rebuttable presumption that the teacher was restoring or maintaining classroom safety. Our posts on the legal limits of discipline in Florida and on child neglect charges in Tampa cover the parent-side version of these rules.

Sex offense allegations involving students

Sex offense allegations are the most dangerous charges a teacher can face because they carry prison exposure, sex offender registration, and permanent loss of the certificate. Florida’s main statutes are lewd or lascivious offenses under section 800.04, unlawful sexual activity by a person 24 or older with a 16- or 17-year-old under section 794.05, which is a second-degree felony, and offenses against students by authority figures under section 800.101. Section 800.101 makes it a second-degree felony for any school employee, volunteer, or contractor 18 or older to solicit or engage in sexual conduct, lewd conduct, or a romantic relationship with an enrolled student, regardless of the student’s age. Our Tampa sex crimes defense lawyer team defends these cases, and our guide to unlawful sexual activity with a minor explains the penalties.

In a school case, a student may describe the allegation to a friend, a teacher, an assistant principal, a school resource officer, and a parent before a trained interviewer ever speaks with the child. The U.S. Department of Justice’s 2015 OJJDP bulletin on child forensic interviewing (Newlin et al.) warns against multiple interviewers repeatedly questioning a child and notes that opportunities for contamination increase as time passes. Our attorneys collect every one of those earlier conversations and compare them with the recorded forensic interview.

DUI

A first DUI in Florida carries up to six months in jail under section 316.193, and it is not on the Level 2 screening list. A teacher does not have to self-report a misdemeanor DUI arrest under the statute, but any conviction, withhold, or plea must be reported within 48 hours after the judgment because DUI is a criminal offense and not a minor traffic violation. A reduction to reckless driving is still a criminal disposition that must be reported. A third DUI within 10 years is a third-degree felony, and that arrest must be reported within 48 hours. Our Tampa DUI defense attorneys build the case with the reporting rules in mind.

Drug possession

Possession of 20 grams or less of cannabis is a first-degree misdemeanor under section 893.13, and it is not a listed screening offense unless a minor was involved. Possession of most other controlled substances without a prescription is a third-degree felony, so the arrest itself triggers the 48-hour self-report and the 24-hour classroom removal. Diversion is often the goal in a first-offense possession case because it ends in a dismissal without a plea. Our Tampa drug crimes attorney team negotiates diversion where the facts allow it.

Why is the criminal outcome a teacher’s best protection?

The criminal outcome is the best protection because almost every administrative consequence keys off it. A no-file or dismissal leaves nothing to self-report after the case, nothing for the Level 2 screening to count as a disposition, and no plea for the Department to use as proof. A no contest plea, even with adjudication withheld, triggers all three.

Many teacher cases start as a school or child protective investigation before anyone is arrested. That window is when our representation before charges are filed does the most good. Our attorneys request school surveillance, bus, and classroom video in writing right away, before routine retention schedules erase it. We interview witnesses, gather lesson plans and attendance records that place the teacher elsewhere, and present that evidence to the State Attorney’s Office before the filing decision. The teacher speaks to no investigator until we know what the State has.

Who handles the Education Practices Commission case?

Our firm handles the criminal case, and the teacher’s union representative or certification counsel handles the employment and Education Practices Commission side. The two tracks have to move together. A statement given to Professional Standards, a plea entered in court, or a fact conceded in a settlement with the Department can damage the other case. Our attorneys coordinate with the teacher’s union representative and license counsel at each step so that nothing said in one forum undercuts the other. The same coordination applies to other licensed professionals, as our guide to criminal defense for healthcare professionals explains.

How do you choose a lawyer who understands teacher license consequences?

Choose a criminal defense lawyer who can explain, before you plead, exactly what each possible outcome will trigger under the self-report statute, the Level 2 screening list, and the Commission’s discipline grounds. The Brancato Law Firm practices criminal defense only, from misdemeanors to capital cases, in Hillsborough, Pinellas, and Pasco Counties. Founder Rocky Brancato is a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, a former police academy instructor, and the author of “How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.” He holds an AV Preeminent rating, has been selected to Super Lawyers, and has been named to the National Trial Lawyers Top 100.

Clients can call us at any hour, follow their case through our client portal, and expect calls returned within 24 hours. Attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Our fees are flat fees that cover the whole case, including trial, quoted on the facts and intricacy of the case, with at least half up front and a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, and consultations are free. Our post on what a criminal defense attorney costs in Tampa explains why a separate trial fee gives a lawyer a financial incentive to settle before trial preparation.

What should a teacher do in the first 48 hours after an arrest?

A teacher’s first 48 hours after an arrest should go to the self-report, the bond conditions, and silence about the facts. Our attorneys walk teachers through these steps:

1. Make the self-report within 48 hours if the charge is a felony or a listed misdemeanor, limited to the date, the agency, and the charge.
2. Do not discuss the allegation with administrators, coworkers, students, or parents, and do not post or text about it.
3. Do not contact the student or the student’s family, even to apologize, and follow any no-contact order exactly.
4. Decline any interview with Professional Standards, a child protective investigator, or a Department investigator until a criminal defense attorney has reviewed the allegation.
5. Call your union representative about leave and pay, and tell your criminal defense attorney who that person is.
6. Write down names of witnesses and where cameras were, while you still remember.

Case results in the kinds of charges teachers face

These are published results from our firm’s case results page. None of these clients is described as a teacher; they show how our attorneys resolve the same charges teachers commonly face.

Past results do not guarantee future outcomes.

Frequently asked questions

I’m a teacher facing criminal charges in Hillsborough County. Can you recommend a lawyer who understands professional license consequences?

Look for a criminal defense lawyer who knows the 48-hour self-report rule, the Level 2 screening list, and how each possible plea will read to the Education Practices Commission. The Brancato Law Firm practices only criminal defense, and our attorneys build the criminal strategy around those certification rules while coordinating with your union representative or certification counsel. Founder Rocky Brancato has tried more than 150 jury trials to verdict over 25+ years in Hillsborough County. Our child abuse defense practice handles the discipline and student-allegation cases teachers face most.

Can a Hillsborough County teacher be removed from the classroom before being convicted?

Yes. Every Florida school board must have a policy removing a teacher from the classroom within 24 hours of notice of an arrest for a felony or a listed misdemeanor, under section 1012.22. Our attorneys at The Brancato Law Firm work to resolve the criminal case quickly, ideally before charges are filed, so the removal stays temporary. Pay status and reassignment depend on the district’s policy and the union contract.

Does a teacher have to report a DUI arrest to the school district in Florida?

Not under the state statute, because a first or second DUI is a misdemeanor that is not on the Level 2 screening list. The Brancato Law Firm reminds teacher clients that any conviction, withhold, or plea on a DUI, including a reduction to reckless driving, must be reported within 48 hours after the judgment. Read your district’s own policy as well, and talk with our DUI defense attorneys before you decide what to report.

Will a no contest plea with adjudication withheld cost me my teaching certificate?

It can, because Florida’s discipline statute and its Level 2 screening statute both count a no contest plea and a withhold of adjudication. Before any plea, our attorneys at The Brancato Law Firm compare it against the screening list in section 435.04 and the Commission’s discipline grounds so the teacher knows what the plea will trigger. For a listed offense, that plea can end eligibility for any school job with direct student contact.

Can a teacher be charged with child abuse for restraining or disciplining a student in Florida?

Yes, but the State must prove an act that could reasonably be expected to injure the child, and contact that causes no injury may not meet that standard. The Brancato Law Firm relies on decisions like State v. Lanier, 979 So. 2d 365 (Fla. 4th DCA 2008), where the court affirmed dismissal of child abuse charges against a teacher whose stomp on a four-year-old’s foot left no injury. A violation of school discipline policy can still lead to employment and certificate consequences.

Can teacher child abuse charges be dropped in Florida?

Yes. The State Attorney’s Office can decline to file charges or dismiss a filed case when the evidence does not support a crime. The Brancato Law Firm presents video, witness statements, and medical records to prosecutors before the filing decision through our pre-file advocacy work. Our published results include an aggravated child abuse case dismissed after expert analysis tied the child’s injury to a congenital condition.

Should a teacher talk to Professional Standards or a Department of Education investigator without a lawyer?

No, not before a criminal defense attorney has reviewed the allegation. The Brancato Law Firm advises teachers that a statement to a district or state investigator does not carry the protection the statute gives the 48-hour self-report. Investigators in Hillsborough’s Professional Standards office coordinate with law enforcement and child protective investigators, so anything said can shape the criminal case.

Talk to a Tampa defense attorney today

The district’s 48-hour rule starts running at the arrest, and the classroom-removal policy follows within a day, so the criminal defense has to start just as fast. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends teachers and school employees charged or under investigation in Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 for a free consultation, and call us at any hour if you or someone you love was just arrested. For more about our defense strategies, visit our Tampa child abuse defense page and our Tampa sex crimes 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.

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