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.

A Hillsborough County prosecutor deciding whether to file a drug charge looks at two things first: what the lab says the substance is, and how the police found it. I am 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. In more than 25 years in Hillsborough County courtrooms, I have watched the filing decision shape drug cases long before any trial date is set. Our attorneys use that window to put the weaknesses in the State’s evidence in front of the prosecutor before a charge is ever filed. Our drug case results include a fentanyl trafficking case dismissed three weeks after the arrest and a not guilty verdict in a 200-to-400-gram cocaine trafficking trial.

This guide explains what happens between a drug arrest and a formal charge in Florida, the court rule deadlines that changed in July 2025, and the five places where drug evidence most often breaks down. If you are facing a drug case now, our Tampa drug crimes attorney page explains how our firm defends these charges.

What happens after a drug arrest in Florida before charges are filed?

After a drug arrest in Florida, the arrest report and the seized evidence go to the State Attorney’s Office, and an assistant state attorney decides whether to file formal charges. The arrest itself is not the charge. The formal charge in a felony drug case is an “information” filed by the prosecutor, and until it is filed, the case sits in what lawyers call the pre-file stage. In the 13th Judicial Circuit, that is where our representation before charges are filed does its most useful work.

During the pre-file stage, three things usually happen at once. The suspected drugs are sent to a crime lab for chemical testing. The prosecutor reviews the arrest report, any body camera video, and the search. And the defense, if one is involved yet, gathers its own evidence and asks the prosecutor to file nothing, file less, or offer diversion.

Florida’s court rules put a clock on this stage. Under Florida Rule of Criminal Procedure 3.134, as amended in In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), a Florida Supreme Court rules opinion that took effect July 1, 2025, the State must formally charge a jailed defendant within 30 days and a defendant out on bond within 60 days. Missing those deadlines leads to release from jail or from bond conditions. It does not lead to dismissal.

The 2025 amendments also changed Florida’s speedy trial rule. The Florida Supreme Court explained that the speedy trial period “now starts from the date that formal charges are filed rather than from the date of arrest.” The practical effect is that the State faces no speedy trial pressure while it waits for a lab report, so the pre-file stage can run for months when the defendant is not in custody. That is time the defense can use.

How common are drug arrests in Hillsborough, Pinellas, and Pasco Counties?

In 2025, Hillsborough County recorded 10,502 drug arrests, a rate of 666.5 per 100,000 residents, compared with 383.1 per 100,000 statewide, according to Florida Department of Law Enforcement arrest data published on the Florida Department of Health’s FLHealthCHARTS site. That puts Hillsborough’s drug arrest rate about 74 percent above the state average. Pinellas County recorded 5,269 drug arrests in 2025 and Pasco County recorded 1,817.

Together, the three Tampa Bay counties our firm serves accounted for 17,588 of Florida’s 89,562 drug arrests in 2025, or about one in five. Each of those arrests goes through the same filing decision described above. FDLE notes that its figures count arrest events and that one arrest can include several charges. Our attorneys handle drug cases in Hillsborough County, Pinellas County, and Pasco County, and the filing practices of each State Attorney’s Office differ.

Is a roadside field test enough to prove a drug charge in Florida?

No. A roadside field test is a presumptive screen that tells an officer a substance might be a drug. It is a color-change kit, and it can react to legal substances. Florida appellate courts have held that a field test alone did not prove what a package contained, which is why the crime lab report carries so much weight in the filing decision.

A 2024 report by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Carey Law School estimated that about 773,000 drug arrests in the United States each year involve these presumptive field tests. The same report estimated that around 30,000 arrests each year involve people who did not possess any illegal substance, and it noted that the true error rate of the tests remains unknown. Our firm treats a positive field test as a claim the lab still has to confirm.

Tampa Bay has its own record with these kits. A 2016 investigation by ProPublica and the Tampa Bay Times found that over the first several months of 2014, the Hillsborough County Sheriff’s Office arrested 15 people on drug charges for substances the Florida state crime lab later determined were not drugs. Other Florida cases reported in the news follow the same pattern: a roadside color change, an arrest, and a lab result that came too late to prevent it.

The Martinez case was reported by ProPublica and the Tampa Bay Times, the Shaw case by FOX 13 Tampa Bay, and the Rushing case by CBS News. Each of them was cleared by a lab, but only after an arrest. That is why our attorneys push for the lab result before the State makes its filing decision, and why we challenge any case that rests on a field test alone.

Florida’s Second District Court of Appeal, which hears appeals from Tampa Bay, applied that principle in Smith v. State, 835 So. 2d 387 (Fla. 2d DCA 2003). An officer field-tested two baggies of suspected methamphetamine, then poured them into one bag without weighing either one. The court held that “the field test alone does not make a prima facie case” for trafficking and reduced the conviction to armed possession. The lesson carries forward: when the only proof of what was in a package is a field test, the State has a gap.

Where does the lab evidence in a Florida drug case break down?

Drug evidence in a Florida case usually breaks down in one of five places: the field test, the lab’s testing choices, the weight, the chain of custody, or the analyst who testifies. Our attorneys review each one before we talk to the prosecutor, because a weakness found before filing can change what charge, if any, the State files.

1. The lab tested a sample, not every package

When the total weight of several packages matters, Florida courts have required the State to test each package rather than infer the contents from one. In Campbell v. State, 407 So. 3d 558 (Fla. 2d DCA 2025), a Hillsborough County case, detectives found 50 vacuum-sealed bundles of a green, leafy substance, but the FDLE lab tested only one sample, which weighed 24.47 grams. Every State witness admitted they could not tell legal hemp from illegal cannabis by appearance or smell. The Second District reversed the trafficking conviction and ordered it reduced to felony possession of cannabis, holding that the State “must chemically test each packet” when it relies on multiple packages to reach a trafficking weight.

2. Hemp and marijuana look and smell the same

Since hemp became legal, Florida courts recognize that hemp and marijuana cannot be told apart without testing. The Campbell court explained that a substance with a THC concentration above 0.3% is illegal cannabis, and one below 0.3% is legal hemp. That makes the lab’s THC result central in any marijuana or THC case, including vape and edible cases. Our post on how much weed is a felony in Florida explains the weight thresholds that follow from that result.

3. The weight includes the wrong things

Drug charges in Florida climb with weight, and trafficking under section 893.135, Florida Statutes carries mandatory minimum prison sentences. When officers combine packages before weighing them, weigh drugs in their packaging, or estimate pill counts, the weight that drives the charge may not be the weight of the drug. In Smith, combining two baggies before weighing them cost the State its trafficking conviction. Our post on fentanyl trafficking defenses covers how weight issues play out in the most serious cases.

4. The chain of custody has a gap

Florida admits physical evidence unless there is evidence of probable tampering. In Murray v. State, 3 So. 3d 1108 (Fla. 2009), a murder case involving hair evidence, the Florida Supreme Court held that once the defense produces evidence of probable tampering, the burden shifts to the State to establish a proper chain of custody. In drug cases, our attorneys compare the evidence log, the lab intake form, and the weights recorded at each step. A package that gains or loses weight, or changes description, between the scene and the lab is the kind of discrepancy that meets that burden.

5. The analyst who did the testing does not testify

A defendant has the right to confront the lab analyst whose testimonial findings are used against him. In Smith v. Arizona, 602 U.S. 779 (2024), the State of Arizona replaced the analyst who tested the drugs with a substitute expert who relayed her notes and report to the jury. The U.S. Supreme Court held that when an expert relays an absent analyst’s statements to support his opinion, those statements come in for their truth, and if they are testimonial, the defendant has the right to cross-examine the person who did the lab work. The Court sent the case back to decide whether the absent analyst’s statements were testimonial. When analysts leave crime labs or cases are reassigned, that ruling gives the defense real leverage.

Two more issues sit alongside the lab evidence. The first is how the drugs were found: an illegal stop or search can lead to a motion to suppress that keeps the drugs out of evidence, and our posts on drugs thrown down during a police encounter and confidential informants cover two common search issues. The second is knowledge. Under section 893.101, Florida Statutes, lack of knowledge of the illicit nature of a substance is an affirmative defense, and drugs found in a shared car or home raise the constructive possession questions the State must answer. If the lab identifies a different drug than the one charged, our post on being charged with the wrong drug explains what follows.

What can a defense lawyer do before drug charges are filed in Tampa?

Before charges are filed, a defense lawyer can give the prosecutor reasons not to file, to file less, or to offer diversion, while the prosecutor still has full discretion. Once an information is filed, every change has to be negotiated. In our firm’s pre-file drug work, the steps usually look like this:

• Find the weak points first. We review the arrest report, body camera video, and property receipts for the five evidence problems above.
• Document lawful explanations. A valid prescription is a complete answer to many possession charges under section 893.13(6)(a), Florida Statutes, and a receipt for a lawful hemp product can matter in a THC case.
• Press the timeline. We track when the evidence was submitted to the lab and hold the State to the Rule 3.134 deadlines.
• Present mitigation. Employment, school, treatment, and a clean record give the prosecutor a reason to choose diversion over a felony filing.
• Ask for a specific outcome. We ask for a no information, a misdemeanor instead of a felony, or entry into a pretrial program, depending on what the evidence supports.

Speed matters at this stage. In a January 2025 case, a client was arrested for possession of cocaine and possession of a firearm during the commission of a felony. Rocky argued at first appearance that the facts did not meet the intent of the firearm statute, the judge set low bonds, and his immediate work with the intake prosecutor led to both charges being dismissed within days of the arrest. In a March 2025 fentanyl trafficking case, Rocky defeated the State’s motion for pretrial detention, challenged constructive possession and the vehicle search, and the prosecutor issued a Letter of Release within three weeks of the arrest.

Arrests at the Port Tampa Bay cruise terminals show how this works in practice. In March 2026, a husband and wife who flew to Tampa for a cruise were arrested after the cruise line’s security screening found felony amounts of marijuana in their shared luggage, including vape cartridges, flower, and edibles. Before the State made its filing decision, Rocky presented the facts to the State Attorney’s Office and argued constructive possession: neither spouse could be individually linked to drugs in shared luggage. The State never filed charges against either one. Our post on cruise ship arrests in Tampa covers those cases in more detail.

Can drug charges be dropped in Florida?

Yes. Florida drug charges can be dropped before filing through a no information, or dismissed after filing through a pretrial intervention program. Under section 948.08(6), Florida Statutes, a person charged with a nonviolent felony who has a substance abuse problem and no more than two prior nonviolent felony convictions is eligible for a pretrial drug treatment program, and “the court shall dismiss the charges” on successful completion. Admission is not automatic, and the State can oppose it in some cases.

In Hillsborough County, the 13th Judicial Circuit’s Administrative Order S-2026-002, effective February 2, 2026, governs Adult Drug Treatment Court. Its pretrial program does not require a guilty or no contest plea, and successful completion results in dismissal. The defendant must waive speedy trial for the diversion period. The circuit’s post-adjudicatory drug court is different: it requires a plea and is limited to nonviolent felonies scoring 60 points or fewer on the Criminal Punishment Code scoresheet.

Diversion is often the result of pressure on the evidence. In an August 2025 amphetamine trafficking case, Rocky filed a motion to suppress that exposed serious weaknesses in the State’s case. The trafficking charge was reduced, and the client was accepted into a diversion program under which the case will be dismissed once he completes a drug evaluation and any recommended outpatient treatment. In an October 2026 case, a young man charged with multiple counts of possessing party drugs and pills completed a diversion program Rocky negotiated, the charges were dismissed, and he is now eligible to have his record expunged.

Possession of most controlled substances under section 893.13(6)(a) is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. Possession of 20 grams or less of cannabis is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Those exposures are why the filing decision matters so much: the difference between a felony information and a no information is the difference between a felony record and none.

How often are drug possession arrests in Tampa Bay never filed?

In Hillsborough County, the share of drug possession cases the State Attorney’s Office never filed more than doubled in four years, from 27% of the 3,280 cases it decided in 2022 to 62% of the 7,069 cases it decided in 2025. Marijuana possession followed the same path in Hillsborough, rising from 27% not filed in 2022 to 51% in 2025. Pinellas County held steady: the State Attorney’s Office there filed no charge in 20% of the 3,163 drug possession cases it decided in 2025, about the same share as in 2023 and 2024. Pasco County’s reported data covers only 2022 and 2023 and a small share of cases, but in that sample 6% of 436 drug possession cases were not filed. These figures come from the Florida Department of Law Enforcement’s Criminal Justice Data Transparency database, which collects the filing decisions each State Attorney’s Office reports under section 900.05, Florida Statutes.

In our experience at The Brancato Law Firm, P.A., three things drive Hillsborough’s rise. Prosecutors are less interested in small amounts of marijuana than they were a few years ago. Pre-file diversion programs give people with low-level possession cases a way to avoid a filed charge, and in Hillsborough the State Attorney’s Office will hold off on filing while a person completes diversion if the defense reaches the prosecutor quickly enough. And roadside field reagent tests are unreliable, as explained above, so a case that rests on a field test often does not hold up once the lab looks at the evidence. Filing practices differ by county, which is why representation before charges are filed starts with knowing how the State Attorney’s Office in that county handles these cases.

About these numbers: Each case is counted once. A case counts as “not filed” when the State Attorney filed no charge in it. Cases consolidated into another case or transferred to another court are excluded. “Drug possession” here means possession of a controlled substance other than marijuana.

What should you do if you are arrested or under investigation for drugs in Tampa?

Talk to a defense lawyer before the State files charges, because Florida’s court rules expect a filing decision within 30 days for a jailed defendant and 60 days for one on bond, and the lab result can arrive sooner. Until then, protect the case:

• Do not explain, discuss, or text about the drugs, the car, or the house with anyone, including family. Jail calls are recorded.
• Do not talk to detectives or agree to a “just to clear things up” interview without a lawyer.
• Keep prescriptions, pharmacy records, and receipts for any lawful hemp or CBD products.
• Write down who had access to the car, room, or bag where the drugs were found.
• Save the property receipt and bond paperwork. The dates on them help track the Rule 3.134 deadlines.

If detectives contact you before any arrest, the same rules apply. Our pre-file advocacy page explains how our firm handles investigations before charges.

What results has our firm gotten in Tampa drug cases?

Our attorneys have won drug cases at every stage: before charges were filed, through motions to suppress and diversion, and in front of juries. The results below are drawn from our firm’s published case results and include trafficking dismissals, not guilty verdicts, and reductions that kept clients out of prison.

Past results do not guarantee future outcomes. Each result depended on its own facts. You can read the full story behind each one on our case results page.

Frequently asked questions

How long does the State have to file drug charges in Florida?

The State must file formal charges within 30 days if you are in jail and within 60 days if you are out on bond, under Florida Rule of Criminal Procedure 3.134. The Brancato Law Firm tracks those dates from the day of arrest and moves for release the day a deadline passes. Missing the deadline leads to release, and the State can still file later. Our representation before charges are filed page explains that work.

Can a drug lab backlog delay my release from jail in Florida?

Yes, sometimes, because a lab backlog can count as good cause to hold a defendant until day 40. At every Rule 3.134 hearing, our attorneys at The Brancato Law Firm press the State for the date it actually submitted the drugs to the lab. In Roberson v. Reyes, 390 So. 3d 669 (Fla. 3d DCA 2023), a Miami-Dade case involving suspected MDMA and oxycodone, the court said a lab backlog “may constitute good cause” but warned that a generic claim of lab delay may not be enough when the State waited almost two weeks to submit the drugs.

Can I be convicted in Florida if only a field test was done?

A field test alone is weak proof of what a substance is, and Florida appellate courts have reversed convictions that depended on one. When the State’s case rests on a field test, The Brancato Law Firm raises it with the prosecutor before filing and, if needed, at trial. In Smith v. State, the Second District held that a field test alone did not prove the contents of baggies the officer combined before weighing. Our drug crimes defense page explains how we defend these cases.

What can cause a false positive on a police drug field test?

Legal substances can trigger the same color change as an illegal drug, and in Florida, reported false positives include doughnut glaze, vitamins, and penicillin for chickens. The Brancato Law Firm treats any arrest based on a field test as unconfirmed until the crime lab reports, and we raise that gap with the prosecutor before charges are filed. Our pre-file defense page explains how we use that window.

Does the lab analyst have to testify at my Florida drug trial?

Often yes, because under Smith v. Arizona a substitute expert cannot simply relay an absent analyst’s testimonial statements to support his own opinion. Our trial attorneys at The Brancato Law Firm check early whether the analyst who did the testing is still available, since the answer can change how the State proves its case.

Do I have to plead guilty to enter drug court in Hillsborough County?

No, not for the pretrial program, which under the 13th Judicial Circuit’s Administrative Order S-2026-002 requires no plea and ends in dismissal on successful completion. The Brancato Law Firm evaluates whether a client qualifies under section 948.08(6) and argues for admission when the State resists.

Can drug charges be dropped in Florida if the drugs were not mine?

Yes, because the State must prove you knowingly possessed the drugs, and drugs found in a shared space raise constructive possession questions the State often cannot answer. Our attorneys at The Brancato Law Firm present those facts to the prosecutor before filing, when a no information is still on the table, and at trial our firm won a not guilty verdict for a client accused of trafficking 200 to 400 grams of cocaine by showing he was merely present. Florida also treats lack of knowledge of a substance’s illicit nature as an affirmative defense under section 893.101.

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

Florida’s court rules give the State 30 days to charge a jailed defendant and 60 days to charge one on bond, and the lab result that drives that decision can arrive sooner. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the arrest report and the evidence and contact the prosecutor before charges are filed. 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.

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.

If you just realized the person you were chatting with is underage, or you received a message from someone claiming to be a parent or a detective, the hours that follow can shape whether you are ever charged. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I handled sex crimes cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office before going on to serve as its Chief Operations Officer, overseeing a staff of over 100 attorneys. Our attorneys represent people at this stage, before an arrest, and we read the full conversation before giving advice about what happens next.

What Should You Do Right Now If You Messaged a Minor Online?

Stop, preserve, stay silent, and call a lawyer. These five steps protect you whether the other person is a real teenager, an adult who lied about age, a detective, or a vigilante group:

Can You Be Charged for Messaging a Minor Online in Florida?

Yes. Under section 847.0135(3), Florida Statutes, it is a crime to knowingly use “any other device capable of electronic data storage or transmission” to “seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child” to engage in unlawful sexual conduct. No meeting is required. In Cashatt v. State, 873 So. 2d 430 (Fla. 1st DCA 2004), a man arranged online to meet a “14-year-old boy” in Jacksonville who was actually a vice detective. The First District upheld his conviction and held that “the Internet communications alone constituted a prima facie case of guilt” under the statute.

Cashatt also matters for anyone who believed the other person was an adult. The court rejected the argument that the statute had no mental state as to age, holding that the statute is presumed to require knowledge “including the age of the child sought to be ‘lured.'” In practice, that means what you knew or believed about the person’s age is central to whether the solicitation statute applies.

Which Florida Charges Can Come From Online Messages to a Minor?

The charge depends on what was said, what was sent, and whether anyone traveled to meet. Our Tampa internet crimes attorney page covers each of these in more depth.

Registration follows from the list of qualifying offenses in section 943.0435, Florida Statutes, which includes section 847.0133 and section 847.0135 (other than subsection 6). Section 847.0133 defines a minor as “any person under the age of 18 years.” Our guide to sex offender registration in Florida explains what registration requires.

What If You Did Not Know the Person Was a Minor?

It depends on the charge. For computer solicitation, your belief about age is part of what the State must prove, so an adult profile, an adult photo, or a stated adult age can be strong evidence. For in-person sexual contact, the rule is the opposite: under section 800.04(3), Florida Statutes, “the perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense” to lewd or lascivious offenses involving someone under 16.

That difference is why the conversation should end the moment you learn the person may be underage. Our age of consent in Florida guide explains the age lines in Florida law.

Was It a Real Minor or a Police Sting?

Many of these cases involve no real child at all. In our practice, Hillsborough County Sheriff’s Office online stings follow two patterns: a deputy answers or posts an adult ad and then claims a teenage age once the conversation is under way, or a deputy poses as an adult offering access to a child. If you were talking with a detective, entrapment and charge-stacking defenses may apply; our post on solicitation of a child using a computer covers those defenses and the leading cases in detail.

Research on real cases points the other way from popular belief. In “Online ‘Predators’ and Their Victims,” published in American Psychologist in 2008 (vol. 63, pp. 111-128), researchers Janis Wolak, David Finkelhor, Kimberly Mitchell, and Michele Ybarra of the University of New Hampshire’s Crimes Against Children Research Center reported that in their national study of arrests, only 5 percent of offenders pretended to be teens when they met potential victims online, and 99 percent of victims of internet-initiated sex crimes were ages 13 to 17. The cases that reach court are usually about older teenagers and conversations that moved toward sex over time, which is why the full chat history matters.

How Do These Investigations Usually Start?

Most investigations start with a report from a parent, a platform, or a tip to the National Center for Missing and Exploited Children. NCMEC reports that in 2023, Florida law enforcement received more than 47,500 actionable CyberTipline reports, and more than 1,800 of them concerned suspected online enticement, including sextortion.

Signs you may already be under investigation include:

• The other person suddenly reveals an underage age after a sexual turn in the conversation.
• The account blocks you, disappears, or is replaced by a message from someone claiming to be a parent.
• Someone asks you to meet, then sends a location you do not recognize.
• A detective calls, leaves a card, or asks you to “come in and talk.”
• Your service provider notifies you of a legal request for your account records.

Our article on signs you are being investigated for a crime in Florida covers other warning signs.

Should You Talk to Police If a Detective Contacts You?

No, not without a lawyer. A detective who calls or knocks is usually trying to confirm that you were the person typing the messages, and a voluntary interview often supplies the identity proof the State does not yet have. You can politely decline to answer questions, decline consent to search your phone, and ask for your lawyer. If officers have a search warrant, do not resist, but do not discuss the case.

Early representation gives the defense a chance to act before the State’s charging decision. Our page on representation before charges are filed explains how our attorneys communicate with investigators and prosecutors on a client’s behalf. If the first contact came from a self-described predator-catcher group rather than police, see our post on vigilante predator catchers in Florida.

How Can a Defense Attorney Help Before You Are Charged?

A defense attorney can review the conversation, preserve evidence that helps you, and keep you from making the statements that most often prove the State’s case. Our attorneys focus on four questions in every case:

1. What did the messages actually say? Sexual talk is not always solicitation; the State must prove an attempt to seduce, solicit, lure, or entice.
2. What did you believe about age? The profile, the photos, and when age was first mentioned matter under Cashatt.
3. Can the State prove you sent the messages? Shared phones, shared accounts, and incomplete screenshots can leave doubt about identity.
4. Was there inducement? If a detective or decoy pushed the conversation toward sex after you pulled back, entrapment may apply.

Frequently Asked Questions About Messaging a Minor Online in Florida

Can I go to jail for texting a 16-year-old in Florida?

You can if the messages solicited sexual conduct, or if you sent obscene material, because Florida treats anyone under 18 as a minor for these offenses. The Brancato Law Firm reviews the actual messages before advising a client, since ordinary conversation is not a crime.

Should I delete the messages if I talked to a minor online?

No, deleting messages can lead to a tampering charge and can destroy proof that the other person claimed to be an adult. Our attorneys at The Brancato Law Firm preserve the full conversation so it can be reviewed for defenses; see our internet crimes defense page.

What if the minor said they were 18?

A stated adult age is strong evidence on the belief element of computer solicitation, but it does not help if the case involves in-person sexual contact with someone under 16. The Brancato Law Firm builds the defense around the exact point where age entered the conversation.

Can a parent press charges for messages to their child?

A parent can report the messages, but the State Attorney’s Office, not the parent, decides whether to file charges. Our attorneys at The Brancato Law Firm can contact the prosecutor before a decision is made; learn more about pre-file advocacy.

How long does an online solicitation investigation take in Florida?

It can take days in a sting case and months when police need records from an app or phone carrier, and an arrest can come without warning. The Brancato Law Firm advises clients during that window so they do not make statements that strengthen the case.

Can charges for messaging a minor be dropped in Florida?

Yes, charges can be declined or dismissed when the messages do not show solicitation, the State cannot prove who sent them, or entrapment applies. The Brancato Law Firm presents those problems to prosecutors early, and when a case is filed we file the motions that test them in court.

Call a Tampa Defense Attorney Before You Talk to Anyone

What you say in the first conversation with a detective can matter more than anything in the chat. Before you answer a call or open the door, talk with The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the conversation with you and tell you what to expect. 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 and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page, or 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 opened an email from Google saying it received legal process about your account, an investigation has already reached your data, and what you do in the next few days matters. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and in more than 25 years in Hillsborough County courtrooms, including my years in the Major Crimes Unit, I have seen how many serious cases begin with a subpoena to a tech company. Today our attorneys take these notices from the other side: we call the agency, learn what it wants, and work to keep the case from ever being filed.

What Does a Google Legal Process Notice Mean?

It means a government agency served Google with legal process for information tied to your account, and Google is telling you about it. Google’s published policy on how it handles government requests for user information says it emails the user before disclosing information unless the law prohibits notice, the account is disabled or hijacked, or an emergency, such as a threat to a child’s safety, justifies waiting. When the gag order or emergency ends, Google sends the notice.

That last point explains why many notices arrive late. The data may have been produced long before you heard about it. Other companies, including Apple, Microsoft, Meta, and Amazon, send similar notices under their own policies.

Florida law follows the same pattern. Under section 934.25, Florida Statutes, officers can delay notice to a subscriber for up to 90 days at a time, with 90-day extensions, if notice might lead to flight, destroyed evidence, witness intimidation, danger to someone’s safety, or a seriously jeopardized investigation. A court can also order the provider not to tell anyone for “such period as the court deems appropriate.” The federal version, 18 U.S.C. § 2705, works the same way for federal agencies.

Is a Google Legal Request Email a Scam?

Usually not, but verify it without clicking anything. Real notices come from Google’s own domain and name an agency or court, while fake ones ask for passwords, payment, or a phone call to a number in the email. Sign in to your Google account directly through a browser, not through a link, and do not reply to the message. Then forward the notice to your attorney, who can confirm it with the agency.

What Legal Process Can Police Use to Get Your Google Data?

The type of legal process depends on what the government wants. Under section 934.23, Florida Statutes, a Florida officer can get basic subscriber records with a subpoena: your name, address, session times, length of service, payment method, and assigned IP addresses. Officers who get records this way do not have to notify you at all. Recent stored content, such as emails held 180 days or less, requires a warrant from a judge.

Google’s policy tracks the same tiers for U.S. requests: a subpoena for basic subscriber information and certain IP addresses, a court order for other non-content records in criminal cases, and a search warrant for content. Professor Orin Kerr’s widely cited article, “A User’s Guide to the Stored Communications Act, and a Legislator’s Guide to Amending It,” 72 Geo. Wash. L. Rev. 1208 (2004), explains how this tiered system lets the government get more data with less judicial review when it asks for records instead of content.

Courts have pushed the warrant line outward. In United States v. Warshak, 631 F.3d 266 (6th Cir. 2010), a federal fraud case, the Sixth Circuit held that the government “may not compel a commercial ISP to turn over the contents of a subscriber’s emails without first obtaining a warrant based on probable cause.” In Carpenter v. United States, 585 U.S. 296 (2018), the U.S. Supreme Court required a warrant for historical cell site location records. When the State skipped a required warrant, our attorneys file a motion to suppress.

Why Would Police Want Your Google Account?

Police want an account because it holds evidence about someone, and that someone is not always the account owner. Account requests usually fall into a few groups:

• Child exploitation tips. Providers scan uploads and report suspected child sexual abuse material to the National Center for Missing and Exploited Children, which routes the tip to local police.
• Fraud and scams. Account, payment, and login records are central to wire fraud, identity theft, and investment fraud cases.
• Threats, stalking, and harassment. Messages, posts, and IP logs can identify who sent them.
• Drug cases. Messages and location history can show transactions and meetings.
• Someone else’s conduct. A family member on your Wi-Fi, a hacked account, or contact with a suspect can put your account in the file.

Internet crime reports are heavy in Florida. The FBI Internet Crime Complaint Center 2024 report counted 52,191 complaints from Florida in 2024, the 3rd most of any state, with reported losses of $1,071,909,632. Each complaint is a possible subpoena to a tech company.

How Does an Account Request Turn Into an Arrest?

It usually follows a set path: a tip or complaint, a subpoena for subscriber information, a visit to the home, and then a search warrant. A Second District case from nearby Manatee County shows each step. In State v. McNeela, No. 2D2022-1418 (Fla. 2d DCA June 21, 2023), Microsoft reported suspected child pornography uploaded from a Sarasota IP address. A detective subpoenaed the internet provider, which returned the account holder’s name, phone number, and address. Officers went to the house, the man told them he was the computer’s primary user, and he consented to a search. The court reversed an order suppressing the evidence and held that those facts were enough for a search warrant.

The lesson is about the knock on the door. The subpoena gave police a name and address. The conversation and the consent gave them the rest. A lawyer who is already on the case before that visit can tell the agency that you will not be interviewed and will not consent to a search.

What Should You Do After Getting a Google Legal Request Notice?

Take five steps, in this order:

1. Do not contact the agency yourself. Anything you say can be used to build probable cause, and calling to “clear it up” is how many cases are made.
2. Do not delete data or the account. Deleting can be charged as tampering with evidence, and the provider has often preserved a copy already.
3. Do not discuss the notice. Texts, emails, and calls with friends or family are not privileged and can be subpoenaed too.
4. Save the notice and secure your devices. Keep the original email, change passwords on shared devices, and note who else uses your Wi-Fi or accounts.
5. Call a defense attorney. Your lawyer can contact the agency, learn whether you are a target or a witness, and speak for you from that point forward.

How Can a Lawyer Help Before Charges Are Filed?

A lawyer can often learn what the investigation is about and stop it from growing. Our attorneys contact the investigating agency directly and tell it that you are represented, so detectives must go through us and cannot question you on your doorstep. We work to find out which agency served the process, what data it got, whether the case is open or closed, and whether you are a suspect or a witness. Some clients learn they were only a witness, and that answer alone ends weeks of worry.

When the risk is real, we advocate with investigators and the prosecutor before a filing decision is made. Our firm offers this representation before charges are filed for a separate flat fee, and that fee is credited toward the full defense fee if a case is later filed and you keep us on it. If the request involves an online sex offense, our Tampa internet crimes attorney page explains how we defend those cases.

How Soon Should You Act on an Account Notice?

Act right away, within days. Because notice can be delayed for months, the investigation may be far along when the email arrives, and the next step could be a search warrant for your home. In Hillsborough, Pinellas, and Pasco Counties, our attorneys contact the investigating detective as soon as we know the agency, because an early call is the best chance to shape what happens next. Our Hillsborough County criminal defense attorneys handle these calls with HCSO, Tampa PD, and federal agencies.

For more on how digital evidence is gathered and challenged, see our posts on social media evidence in Tampa criminal cases and cell phone location evidence, and our guide to geofence warrants and the Chatrie case.

Frequently Asked Questions

Does a Google legal process notice mean I am being charged with a crime?

No. A notice means an agency obtained or sought your data, not that a charge has been filed, and many people who get one are witnesses or account holders whose network someone else used. The Brancato Law Firm contacts the agency to find out where you stand, as described on our pre-file advocacy page.

Why did I get the notice months after Google gave police my data?

A court or a supervising officer probably delayed the notice, which Florida’s section 934.25 allows for up to 90 days at a time with extensions. Our attorneys at The Brancato Law Firm treat a late notice as a sign the investigation is advanced, because Google sends it only after the delay ends.

Can I ask Google or a court to stop the disclosure?

Sometimes, if the data has not yet been produced, a lawyer can ask the agency to narrow the request or move to quash process that is overbroad or lacks the required approval. The Brancato Law Firm reviews the process itself to see whether it met the requirements of section 934.23.

Should I delete my Google account after getting the notice?

No. Deleting data after you know about an investigation can lead to a separate charge for tampering with evidence, and the provider may have preserved a copy anyway. Our team at The Brancato Law Firm advises clients on what to keep and how to protect their devices without creating new problems.

What if someone else used my account or Wi-Fi?

Tell your lawyer, not the police. Shared devices, hacked accounts, and open networks are real explanations, but they must be supported with evidence such as login records and device data before they are raised. The Brancato Law Firm gathers that proof, and our Tampa internet crime defense attorneys use it when an account is wrongly tied to a client.

Can Google account charges be dropped in Florida if a case is filed?

Yes, a filed case can still be dropped. The State Attorney’s Office can decline to prosecute or later dismiss the case (a nolle prosequi) when the account evidence does not prove who used the account, or when the data was obtained without required legal process. The Brancato Law Firm presses those weaknesses with prosecutors and in a motion to suppress when the facts support it.

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 Defense Attorney About an Account Notice

Before a detective knocks on your door, put a lawyer between you and the investigation. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will contact the agency, find out what it has, and speak for you from that point on. 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 Spanish-speaking criminal defense clients 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.

This article is not affiliated with or endorsed by Google, Apple, Microsoft, Meta, or any law enforcement agency.

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.

In a typical Florida age-of-consent prosecution, the State’s case rests on two birth dates and whatever the accused told a detective, because the younger person’s willingness is not a defense. I saw how these cases are built, and where they come apart, in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. My name is Rocky Brancato, 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 defend people accused of sex offenses involving teenagers across Hillsborough, Pinellas, and Pasco Counties, starting with the first call from a detective.

What is the age of consent in Florida?

The age of consent in Florida is 18, but no single statute says so. The rule comes from three laws read together: section 794.05, Florida Statutes, for 16- and 17-year-olds; section 800.04, Florida Statutes, for anyone under 16; and section 794.011, Florida Statutes, the sexual battery law, for any sexual act without consent. These statutes apply in every Florida county, so the answer is the same in Tampa, Miami, or Orlando.

Two rules apply whenever the younger person is a minor these statutes protect. First, the minor’s agreement does not count: section 800.04(2) states that “[n]either the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.” Second, a mistake about age does not help. Under section 794.021, Florida Statutes, “ignorance of the age is no defense,” and neither is a lie about age or “a bona fide belief” that the person was older. Section 800.04(3) applies the same rule to children under 16. The table below shows how Florida law treats the most common age combinations.

Our attorneys at The Brancato Law Firm start every one of these cases by fixing both people’s ages on the date of each alleged act, because the row that applies decides the charge, the penalty, and whether registration follows.

Can a 16- or 17-year-old legally date someone 18 to 23 in Florida?

Yes. Florida has no law against dating at any age, and section 794.05 makes sexual activity with a 16- or 17-year-old a crime only when the older person is 24 or older. A 16-year-old and an 18-year-old, a 17-year-old and a 19-year-old, or a 17-year-old and a 23-year-old do not violate section 794.05 when both consent.

• 16 and 18: not a crime under section 794.05.
• 17 and 19, or 17 and 20: not a crime under section 794.05.
• 16 and 23: not a crime under section 794.05.
• 17 and 24: a second-degree felony for the 24-year-old.
• 15 and any age: a felony under section 800.04, covered below.

The older partner’s birthday can change the answer overnight. A relationship that starts when the older partner is 23 becomes a felony for any sexual activity on or after the older partner’s 24th birthday while the younger partner is still 16 or 17. The State has to prove the date of each act, and The Brancato Law Firm holds prosecutors to that proof.

Section 794.05 also has one narrow exception. Subsection (3) says its provisions “do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743,” which is Florida’s process for legally emancipating a minor. Being outside section 794.05 does not protect every part of a relationship. Photos, school and family authority, and disputed consent fall under other statutes, explained in the section on what consent does not cover below.

What happens if the older partner is 24 or older?

A person 24 or older who has sexual activity with a 16- or 17-year-old commits unlawful sexual activity with certain minors, a second-degree felony under section 794.05(1). The maximum sentence is 15 years in prison under section 775.082, Florida Statutes, and the maximum fine is $10,000 under section 775.083, Florida Statutes. A conviction requires sex offender registration under section 943.0435, Florida Statutes, which lists section 794.05 as a qualifying offense and counts a plea “regardless of whether adjudication is withheld.”

“Sexual activity” has a specific meaning in section 794.05: oral, anal, or female genital penetration by, or union with, the sexual organ of another, or penetration by any other object. Kissing or touching that does not meet that definition is not a section 794.05 offense. The statute also says the 16- or 17-year-old’s “prior sexual conduct is not a relevant issue,” and if the offense results in a birth, paternity is established under chapter 742 and an offender found to be the father must pay child support. Our full guide to unlawful sexual activity with a minor in Florida covers the elements, penalties, and defenses in detail, and our Tampa sex crimes defense attorney page explains how our firm approaches these charges.

The 24-year line exists because of a Florida Supreme Court case. In B.B. v. State, 659 So. 2d 256 (Fla. 1995), a juvenile case that reached the court from the Second District Court of Appeal, both teenagers were 16, and the State prosecuted one of them under the old version of section 794.05, which applied to “any person.” The court held the statute unconstitutional as applied to a minor, because the State had not shown that prosecuting one 16-year-old for consensual sex with another was the least intrusive way to protect minors. In 1996, the Legislature rewrote section 794.05 so that it applies only to a person 24 or older (chapter 96-409, Laws of Florida).

The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, then upheld the new age line in State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999). The court held that limiting criminal responsibility to people 24 and older is not arbitrary, because the Legislature could decide that people in that group “were more likely than others to understand the consequences of their actions and to cause harm to minors.” With the age line settled, The Brancato Law Firm focuses these defenses on the facts the State must prove: the act, the dates, and the ages.

Is sex with someone under 16 always a crime in Florida?

Yes. Under section 800.04(4), sexual activity with a person 12 to 15 years old is lewd or lascivious battery, a second-degree felony, no matter how old the other person is. Section 800.04 has no close-in-age exception, so an 18-year-old with a 15-year-old and a 17-year-old with a 14-year-old can both be charged. Touching a person under 16 in a lewd or lascivious manner, without sex, can be charged as lewd or lascivious molestation or lewd or lascivious conduct.

The Florida Supreme Court rejected the argument that a willing teenager changes the result in Jones v. State, 640 So. 2d 1084 (Fla. 1994). One defendant was 18, and in the companion case two men aged 19 and 20 had sex with 14-year-old girls who, the parties agreed, consented. The court upheld section 800.04, holding that “neither the level of intimacy nor the degree of harm are relevant when an adult and a child under the age of sixteen engage in sexual intercourse.”

Teenagers can be charged too. In J.A.S. v. State, 705 So. 2d 1381 (Fla. 1998), two 15-year-old boys were charged after consensual sexual activity with two 12-year-old girls. The court held that section 800.04 could be applied to them in the juvenile system, because the State’s interest in protecting 12-year-olds outweighed the older teens’ privacy interest. Penalties under section 800.04 range from a third-degree felony for some offenders under 18 to a life felony for an adult accused of molesting a child under 12; our guide on how to fight a lewd and lascivious charge in Florida breaks down each tier.

Research shows how often these cases involve people who already know each other. A U.S. Office of Juvenile Justice and Delinquency Prevention bulletin, Statutory Rape Known to Law Enforcement (2005), analyzed 2000 National Incident-Based Reporting System data and found that 95% of statutory rape victims were female and almost 3 of every 5 were 14 or 15 years old. Three in 10 offenders were boyfriends or girlfriends and 6 in 10 were acquaintances, and an arrest occurred in 42% of incidents. Because so many of these cases grow out of an existing relationship, our attorneys at The Brancato Law Firm look closely at the messages and timeline between the two people.

Does Florida have a Romeo and Juliet law?

Yes, but it does not make any relationship legal and it is not a defense to a charge. Florida’s Romeo and Juliet law, section 943.04354, Florida Statutes, lets a person who was close in age to the minor ask a court to remove the requirement to register as a sexual offender after a conviction. The closest thing Florida has to a close-in-age rule for the crime itself is the under-24 line in section 794.05.

Section 794.05 is not on the list. A person convicted of unlawful sexual activity with a 16- or 17-year-old cannot use the Romeo and Juliet law, and a 24-year-old is always more than 4 years older than a 16- or 17-year-old in any event. For that person, the main path off the registry is the general petition under section 943.0435(11), which requires at least 25 years after release from all confinement and supervision with no arrest for any felony or misdemeanor.

Courts apply the statute strictly. In Hurtado v. State, 332 So. 3d 15 (Fla. 2d DCA 2021), a Hillsborough County judge denied a Romeo and Juliet motion without explaining why. The Second District reversed, holding that the current statute allows the motion to be decided at a hearing after sentencing and that a denial without reasons cannot stand, and it noted that “[s]uccessive motions to remove the registration requirement are not authorized.”

A 2026 decision shows the limits. In Maxey v. State, No. 6D2024-1883 (Fla. 6th DCA Mar. 6, 2026), an Orange County judge had granted registry removal to a man who was 28 when he committed an online solicitation offense under section 847.0135(3) involving a person he believed was 14. The judge later vacated that order, and the Sixth District affirmed: his offense was not on the statute’s list and he was more than 4 years older, so the court had no discretion to grant relief. Because the offense of conviction decides whether this relief exists at all, our attorneys at The Brancato Law Firm weigh registration consequences, including Romeo and Juliet eligibility, before any plea.

Relief under this law is rare. As of October 2024, Florida’s sex offender registry listed 86,207 people, and 1,999 registered sex offenders lived in Hillsborough County communities, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11 (2024). From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry; 2,282 of them had died, and 26 were removed under the Romeo and Juliet law.

The pattern is older than that report. A Florida Senate Committee on Criminal Justice issue brief, Examine Florida’s “Romeo and Juliet” Law (September 2011), found that as of July 2011 courts had granted 241 petitions, 93% of them for a lewd or lascivious offense, and that the largest share of granted petitions, 24%, came from the 6th Judicial Circuit, which covers Pasco and Pinellas Counties. Our Romeo and Juliet registry removal guide explains how The Brancato Law Firm prepares the motion.

What does consent not cover in Florida?

Consent between a 16- or 17-year-old and a partner under 24 answers only one question: whether section 794.05 applies. Six other rules can still lead to felony charges in a relationship that section 794.05 allows.

1. Photos and videos. Section 827.071, Florida Statutes, defines a child as anyone under 18, so a sexual image of a 16- or 17-year-old is child sexual abuse material even when the relationship is legal. Possessing it is a second-degree felony, and each image is a separate offense. Our post on Florida pornography and age verification laws covers the image laws in more depth.
2. Sending explicit images to a minor. Sending material harmful to minors to someone known to be under 18 can be charged under section 847.0138, Florida Statutes, a third-degree felony. Between two minors, section 847.0141, Florida Statutes, makes a first sexting violation a noncriminal violation, but images showing sexual conduct can still be prosecuted under other laws.
3. School employees and volunteers. Under section 800.101, Florida Statutes, an adult employed by, volunteering at, or under contract with a school commits a second-degree felony by engaging in sexual conduct or “a relationship of a romantic nature” with a student. The statute defines a student as a person enrolled at a school, with no age limit. Our post on what happens when a teacher is arrested in Florida covers the career consequences.
4. Parents, stepparents, and custodial adults. Under section 794.011(8), a person in “a position of familial or custodial authority” who engages in sexual battery with a 12- to 17-year-old commits a first-degree felony, and the minor’s willingness “is not a defense to prosecution.”
5. Disputed consent. Consent in Florida means “intelligent, knowing, and voluntary consent.” If a 16- or 17-year-old says an act was not consensual, the accused can face a sexual battery charge under section 794.011(5)(a), a first-degree felony when the accused is 18 or older. Allegations like this sometimes surface after a parent learns about the relationship.
6. Age mistakes. A fake ID or a dating-app profile showing 18 is not a defense under section 794.021 or section 800.04(3).

The Brancato Law Firm checks each of these statutes against the facts at the start of a case, because a relationship that falls outside section 794.05 can still be charged under one of them.

Is there a crime called statutory rape in Florida?

No. Florida’s criminal statutes do not use the term “statutory rape.” People use it to describe sex with someone under the age of consent, and in Florida that usually means one of three charges:

• Unlawful sexual activity with certain minors (section 794.05): a person 24 or older with a 16- or 17-year-old.
• Lewd or lascivious battery (section 800.04(4)): sexual activity with a 12- to 15-year-old, by anyone.
• Sexual battery (section 794.011): any sexual act with a child under 12, or with a person of any age who did not consent.

The label matters less than the statute on the charging document, because each one has different elements, penalties, and registration consequences. When someone tells us a detective mentioned “statutory rape,” our attorneys at The Brancato Law Firm first find out which statute the detective is working under and which dates and ages the State believes it can prove.

What should you do if a detective calls about a relationship with a teenager?

Do not agree to an interview, and call a defense lawyer before you say anything. We have seen the pattern many times: a detective calls and asks you to come in “just to talk,” keeps the tone friendly, and says something like “We know it was consensual. We’re not saying you forced her.” In a section 794.05 or section 800.04 case, consent is not a defense, so an admission that the relationship happened can supply most of the State’s case.

Most of these cases begin with interviews, not physical evidence, and an investigation can run for weeks before anyone is arrested. That window matters. Our representation before charges are filed can include speaking with the detective for you and presenting information to the State Attorney’s Office for the 13th Judicial Circuit before it decides whether to file. In sex cases involving teenagers, The Brancato Law Firm has had the State decline to file charges, as the results below show.

• Do not call, text, or message the other person or their family about the allegation.
• Do not delete anything. Save texts, photos, and records that show dates, because the charge depends on each person’s age on the date of each act.
• Do not post about the relationship or the investigation on social media.
• Write down the detective’s name, agency, and case number, and give them to your lawyer.

If an arrest has already happened in Hillsborough County, first appearance takes place within 24 hours at the Orient Road Jail, where bond and no-contact conditions are set. Our Hillsborough County criminal defense attorney page explains what comes next.

Real results in age-of-consent cases

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

Frequently Asked Questions About the Age of Consent in Florida

Can an unlawful sexual activity with a minor charge be dropped in Florida?

Yes. Prosecutors can drop or dismiss a section 794.05 charge when the proof of the act, the dates, or the ages does not hold up. The Brancato Law Firm had one such charge against a 27-year-old dismissed after a social media investigation exposed the accuser’s conflicting statements, and our sex crimes defense team handles these cases from investigation through trial.

Is it illegal for an 18-year-old to have sex with a 15-year-old in Florida?

Yes. Sexual activity with a 15-year-old is lewd or lascivious battery under section 800.04, a second-degree felony, regardless of consent. The Brancato Law Firm defends these charges by testing the dates and ages the State must prove, as our article on lewd and lascivious charges explains.

Can my parents press charges if I am 17 and my partner is 20?

Parents can report a relationship to police, but the State Attorney’s Office decides whether to file charges, and consensual sex between a 17-year-old and a 20-year-old does not violate section 794.05. The Brancato Law Firm steps in when a report like this turns into a claim that the sex was not consensual, which is a different and more serious charge, and our pre-file advocacy starts before any arrest.

Is it legal to send nude photos to a 17-year-old partner in Florida?

No. A sexual image of anyone under 18 is child sexual abuse material under section 827.071, and sending explicit images to a known minor can be charged under section 847.0138, even when the sexual relationship itself is legal. Our attorneys at The Brancato Law Firm defend image-based charges, which our post Is Porn Legal in Florida? covers further.

Does the Romeo and Juliet law apply to a section 794.05 conviction?

No. Section 943.04354 covers only convictions under sections 800.04, 827.071, and 847.0135(5), and the person must be no more than 4 years older than a minor who was 13 to 17. The Brancato Law Firm reviews whether another path, such as the 25-year petition under section 943.0435(11), is available; our page on Florida Romeo and Juliet registry removal explains who qualifies.

What if a 16-year-old said they were 18?

It is not a defense. Under section 794.021, ignorance of the minor’s age, a misrepresentation of age, or a good-faith belief that the person was older does not excuse the offense. The Brancato Law Firm still documents what the accused was told, because the circumstances can matter in negotiations with the prosecutor, as our post on ignorance of the victim’s age explains.

Can a teacher date an 18-year-old student in Florida?

No. Section 800.101 makes it a second-degree felony for a school employee, volunteer, or contractor 18 or older to engage in sexual conduct or a romantic relationship with a student, and it defines a student as a person enrolled at a school, with no age limit. The Brancato Law Firm defends educators accused under this statute, and our post on a teacher arrested in Florida covers the certification fallout.

Can two 15-year-olds be charged for having sex in Florida?

Yes. Section 800.04 applies to anyone who has sexual activity with a person 12 to 15, including another teenager, and the Florida Supreme Court allowed a juvenile prosecution of 15-year-olds in J.A.S. v. State. The Brancato Law Firm represents teenagers in juvenile court, where we push for outcomes such as treatment-based agreements that avoid sex offender registration.

Call before the first interview

Detectives usually try to get a statement before the accused has a lawyer, so the best time to call is before any interview. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can speak with the detective for you, preserve the messages and records that show dates and ages, and start building the defense right away. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

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

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What other penalties come with a leaving the scene conviction?

License revocation, restitution, and possible enhancements:

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

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

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

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

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

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

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

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

How do our attorneys fight a leaving the scene charge?

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

In practice, that means our attorneys:

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

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

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

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

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

Frequently asked questions about leaving the scene in Florida

Can leaving the scene charges be dropped in Florida?

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

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

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

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

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

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

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

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

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

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

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

Contact our Tampa leaving the scene defense attorneys

If a detective has left a card at your door or called about a crash, the investigation is already under way. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will handle the police contact, gather the video and phone records, and press the knowledge and identity questions from the start. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

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

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

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

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

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

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

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

What are the penalties for identity theft in Florida?

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

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

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

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

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

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

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

Which victims make identity theft a more serious charge?

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

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

What is unlawful possession of personal identification information?

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

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

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

Can the State charge one act as several counts?

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

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

What costs come with an identity theft conviction?

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

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

Where is an identity theft case prosecuted?

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

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

How common is identity theft in Florida?

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

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

How do our attorneys fight an identity theft charge?

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

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

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

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

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

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

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

Frequently asked questions about identity theft charges in Florida

Can identity theft charges be dropped in Florida?

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

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

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

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

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

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

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

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

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

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

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

Call before the investigation becomes a charge

Account logs, login records, and store video are kept for limited periods, and an identity theft investigation can run for months before an arrest. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will collect the records that show consent, test who used the information, and speak with the investigator or prosecutor before the filing decision. Call (813) 727-7159 for a free, confidential consultation; you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

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

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

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

If you suspect you’re under criminal investigation in Florida, you’re probably right to pay attention. Police contact with friends or family, a request to “come in and talk,” a notification from Google or Apple about a government data request, surveillance, or a search warrant can all signal that law enforcement is building a case.

At The Brancato Law Firm, we handle cases across the full spectrum of criminal investigations, from sex crime anddrug investigations to domestic violence accusations and internet sting operations. Our founder, Rocky Brancato, spent 25 years in criminal defense, including serving as Chief Operations Officer of the Hillsborough County Public Defender’s Office and training law enforcement officers at the police academy on criminal procedure and courtroom testimony. That background gives our team a direct understanding of how investigations are built, how officers are trained to develop cases, and where the real opportunities for defense begin.

The window between investigation and formal charges is often the most valuable time to act in a Florida criminal case. This article covers the signs that an investigation may be underway, what each sign tells you about where things likely stand, and what you can do to protect yourself before charges are ever filed.

How Criminal Investigations Work in Florida Before Charges Are Filed

Most people assume a criminal case starts with an arrest. In reality, many Florida cases begin with a pre-file investigation that can last weeks or months before a prosecutor decides whether to file formal charges.

During this window, law enforcement and prosecutors have broad investigative authority. Under Florida Statute §27.04, state attorneys can summon witnesses from anywhere in the state, question them under oath, and investigate potential violations of law before any charging document is filed. State-attorney investigators have law-enforcement status and can serve arrest warrants, search warrants, and witness subpoenas connected to criminal investigations (§27.255).

For more serious cases, Florida prosecutors can also convene a grand jury. Grand jury proceedings are secret, and the grand jury has the power to subpoena witnesses, hear testimony, and return an indictment. If you are called before a grand jury, Florida law allows you to bring one attorney into the room, but only to advise and consult, not to speak to the grand jurors (Florida Statutes Chapter 905).

Florida’s public records law classifies active criminal investigative material as nonpublic while the investigation is ongoing with a reasonable, good-faith anticipation of arrest or prosecution (§119.011). You may receive very little official confirmation that an investigation exists, even when one is well underway.

All of this matters because the pre-file stage is where defense intervention can have the greatest impact. Once formal charges are filed, the case takes on its own momentum. Before that point, there is an opportunity to present evidence, provide context, and advocate directly to the prosecutor’s office to prevent charges from being filed in the first place.

Common Signs That You May Be Under Investigation

Law Enforcement Asks You to “Come In and Talk”

A request for a “voluntary interview” or an invitation to “clear something up” is one of the clearest signs that investigators consider you a person of interest. These conversations are designed to develop evidence, not to help you.

What makes this risky in Florida: Miranda warnings are only required during custodial interrogation, not during every police conversation. The Florida Supreme Court has held that the trigger for Miranda protections is whether the person is in custody, not whether they are a suspect (Traylor v. State). A noncustodial interview at a police station can produce statements that are fully admissible at trial, even if you were never read your rights.

What this sign tells you about where things stand: Investigators believe you may provide information that helps their case. They would not ask if they didn’t think the conversation could be productive for the prosecution.

What to do: Do not agree to speak without an attorney present. The fact that the conversation is described as “voluntary” does not mean your statements can’t be used against you.

People Around You Are Being Contacted

When law enforcement begins interviewing your family members, co-workers, neighbors, or friends, this typically means investigators are corroborating facts they already believe to be true. This is not usually the beginning of an inquiry. It’s a sign the investigation has progressed to the point where detectives are building context around information they’ve already gathered.

Florida law expressly recognizes that investigator and informant reports are part of criminal investigative information (§119.011), and state attorneys can formally summon witnesses for questioning under oath (§27.04).

What this sign tells you about where things stand: The investigation is past the initial stages. Investigators are testing their theory of the case against what the people in your life can confirm or deny.

What to do: Do not contact these individuals to coordinate stories, ask them what they said, or encourage them not to cooperate. Florida law criminalizes tampering with or harassing a witness, victim, or informant under §914.22.

You Receive a Subpoena or Prosecutor Summons

A subpoena or a summons from the State Attorney’s Office is a stronger signal than a phone call or a detective’s visit. It means someone with legal authority has decided your testimony or records are relevant enough to compel production.

If the subpoena is connected to a grand jury, the secrecy rules are strict. Grand jury proceedings are confidential under Florida law, though a witness may bring one attorney into the room to advise and consult (§905.17, §905.185).

What this sign tells you about where things stand: The investigation has moved into formal evidence-gathering. Prosecutors are actively evaluating whether to bring charges.

What to do: Contact a criminal defense attorney before responding. An attorney can help you understand the scope of the subpoena, whether you are a target or a witness, and how to protect your rights.

A Search Warrant Is Executed or Your Devices Are Seized

A search warrant means a judge has already found probable cause to believe evidence of a crime will be found in a specific location. Under Florida law (Chapter 933), warrants require probable cause, sworn testimony, and a description of the specific place to be searched and items to be seized. Florida imposes additional statutory protections for searches of private dwellings (§933.18).

The Florida Supreme Court has also placed constitutional limits on newer investigative techniques. In Jardines v. State, the court held that a drug-detection dog sniff at the front door of a private home constitutes a search requiring probable cause. In Tracey v. State, the court held that real-time cell-site tracking is a search that requires probable cause.

Device seizures are increasingly common and can involve phones, computers, tablets, external drives, and cloud-connected devices. The Florida Department of Law Enforcement’s forensic laboratories receive more than 100,000 items of evidence per year, and digital-evidence analysts routinely deal with encryption, deleted-data recovery, and damaged devices.

What this sign tells you about where things stand: The investigation is well developed. A judge has already reviewed evidence and concluded there is probable cause. This does not mean charges will definitely be filed, but the case is serious.

What to do: Do not interfere with the search. Do not attempt to hide, destroy, or move any items. Note the names of the officers, the warrant number if visible, and what is taken. Contact an attorney immediately.

You Receive a Notification from Google, Apple, Microsoft, or Meta

This is a sign that most articles about criminal investigations don’t mention. But it’s one of the most concrete, modern indicators that law enforcement has served legal process on a technology company holding your data.

Each of these companies has a policy of notifying users when the government requests account data, unless a court order, law, emergency circumstances, or nondisclosure order prevents notification:

• Google generally emails users before disclosing information to a government agency unless notice is legally prohibited, delayed by a gag order, or blocked by an emergency
• Apple notifies customers when account information is sought unless a court order or similar exception applies, and describes delayed notice after nondisclosure periods
• Microsoft provides prior notice unless prohibited by law, and delayed notice when nondisclosure orders expire
• Meta notifies users before disclosure unless prohibited or subject to nondisclosure, with delayed notice when restrictions lift

What this sign tells you about where things stand: Legal process (a warrant, court order, or subpoena) has already been served on a company that holds your data. The notification may arrive before, during, or after the disclosure, depending on whether a nondisclosure order was in place. You may not be the target of the investigation. You could be a witness, victim, or associated account holder. But it means the investigation is real and involves your digital information.

What to do: Preserve the notification. Do not delete or purge the account. Contact an attorney who can evaluate what process was served, what data may have been disclosed, and whether any challenge or strategic response is available. At The Brancato Law Firm, we handle internet crime and digital evidence cases where tech company notifications are the first sign a client receives that an investigation exists.

You Notice Signs of Surveillance

Surveillance can take many forms: unfamiliar vehicles near your home or workplace, the sense that you’re being followed, unusual activity on your phone or accounts, or the feeling that someone is monitoring your movements.

Florida law treats ordinary observation in public spaces differently from more invasive surveillance methods. The Florida Supreme Court has placed constitutional limits on certain techniques. Real-time cell-site location tracking requires probable cause (Tracey v. State), and a drug-detection dog sniff at the front door of a home is a search requiring probable cause (Jardines v. State).

Florida’s wiretap law (Chapter 934) prohibits the intentional interception of wire, oral, or electronic communications unless a statutory exception applies. Authorized interceptions require a detailed written application explaining the target offense, the communications to be intercepted, and why less intrusive methods failed or would be too dangerous (§934.09).

Not every suspicious car or strange feeling constitutes surveillance. But if multiple signs on this list are happening at the same time, the possibility becomes harder to dismiss.

What this sign tells you about where things stand: If actual surveillance is occurring, the investigation has likely been approved at a supervisory level and may have judicial authorization. This typically indicates a more advanced stage of investigation.

What to do: Document what you observe (dates, times, descriptions) but do not confront anyone you suspect of conducting surveillance. Do not attempt counter-surveillance. Share your observations with your attorney.

Someone Approaches You with a Suspiciously Convenient “Opportunity”

If someone you don’t know well, or someone you do know who is acting out of character, presents you with an unsolicited opportunity to engage in illegal activity, you may be the subject of an undercover operation or sting.

Florida law explicitly addresses this through its entrapment statute (§777.201). Entrapment occurs when law enforcement or its agents induce or encourage a crime by methods that create a substantial risk that the offense will be committed by someone not otherwise ready to commit it. Florida courts apply both subjective entrapment (looking at inducement and predisposition) and objective entrapment (looking at whether police conduct was outrageous).

Undercover operations and controlled buys are common in drug investigations, and online sting operations are a frequent tool in internet crime and sex crime investigations.

What this sign tells you about where things stand: An undercover approach means the investigation is active and may be targeting you specifically. Law enforcement has allocated resources and personnel to the operation.

What to do: Do not engage. Do not participate in the proposed activity. Do not agree to anything “just to see what happens.” Contact an attorney.

What You Should NOT Do If You Think You’re Being Investigated

Recognizing the signs matters, but what you do next matters just as much. These are the most common mistakes people make when they suspect an investigation is underway.

Every one of these actions can create additional criminal exposure on top of whatever the original investigation involves. The instinct to “clean up” or “get ahead of it” without legal guidance is understandable, but it almost always makes things worse.

What a Criminal Defense Attorney Can Do Before Charges Are Filed

Many people assume they need to wait until they’re arrested or formally charged before hiring an attorney. That assumption costs people cases.

Pre-file advocacy is one of the most effective services a criminal defense attorney can provide. In the window between an investigation and a charging decision, a defense attorney can:

• Control contact with law enforcement. Once you have counsel, investigators must communicate through your attorney. This prevents the kind of unguarded statements that frequently become the prosecution’s strongest evidence.
• Determine the scope of the investigation. Your attorney can find out whether subpoenas, warrants, or data requests have been issued and what agency is conducting the investigation.
• Prepare you for a grand jury appearance. If you receive a grand jury subpoena, your attorney can help you understand your rights, prepare your testimony, and accompany you into the grand jury room as your advisor.
• Present evidence and context to the prosecutor. This is the core of pre-file advocacy. An experienced defense attorney can provide exculpatory evidence, witness statements, and contextual information directly to the State Attorney’s Office before a filing decision is made.
• Advocate for a no-file decision. Florida prosecutors sometimes review completed investigations and decide not to file charges. “Not filed on” is a recognized official outcome in the State Attorney’s system. While there is no public data quantifying how often defense-generated pre-file submissions lead to this result, the mechanism is real and well-established.

Pre-file advocacy requires an attorney who understands how the State Attorney’s Office evaluates cases and what evidence influences charging decisions. At The Brancato Law Firm, our system-level knowledge of the criminal justice system, built through years of institutional leadership at the Hillsborough County Public Defender’s Office, gives us direct insight into how these decisions are made.

This approach is especially effective in domestic violence cases, where the evidence often tells a more complex story than the initial accusation suggests, and in sex crime investigations, where early intervention with detectives can shape the entire trajectory of the case.

How Long Do Florida Criminal Investigations Last?

There is no single answer. Investigation timelines vary depending on the type of case, the complexity of the evidence, and how many agencies are involved.

If you have already been arrested but not formally charged, Florida’s rules set specific deadlines. Under Rule 3.134, the State must file formal charges within 30 days if you are in custody, or within 60 days if you are on pretrial release. If those deadlines pass, the rule requires release on recognizance (on the 33rd or 63rd day, respectively), though limited extensions are available.

If you have not been arrested, there is no comparable deadline. The investigation can remain “active” as long as arrest or prosecution is reasonably anticipated. This is another reason early attorney involvement matters: without counsel monitoring the situation, you may not know the investigation has progressed until an arrest warrant is executed.

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

For how The Brancato Law Firm, P.A. defends these cases, see our pre-file representation before charges are filed.

If You Recognize These Signs, Talk to an Attorney Now

The period before charges are filed is not dead time. It is the most important window in many criminal cases. What happens during the investigation, and whether a defense attorney is involved, can determine whether charges are ever filed at all.

If you recognize any of the signs described in this article, do not wait for an arrest. Contact The Brancato Law Firm at (813) 727-7159 for a free, confidential consultation. We serve clients across Hillsborough, Pinellas, and Pasco Counties and are available 24/7 for emergencies.

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.