At The Brancato Law Firm, we defend clients charged with criminal traffic offenses across Tampa, Hillsborough, Pinellas, and Pasco Counties. Below, we break down what the law covers, how it differs from reckless driving, the penalties, and what to do if you are charged.

What Is Florida’s Dangerous Excessive Speeding Law?

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

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

Before this law, extreme speeding by itself was only a civil traffic infraction in Florida. The Legislature passed § 316.1922 to fill a gap: Florida courts had held that excessive speed alone does not constitute reckless driving (Harris v. State, 318 So. 3d 645 (Fla. 2d DCA 2021)). The new law makes extreme speed a standalone criminal offense without requiring the State to prove reckless intent.

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

Penalties for Dangerous Excessive Speeding in Florida

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

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

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

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

How Dangerous Excessive Speeding Differs from Reckless Driving

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

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

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

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

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

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

Can You Be Arrested for Dangerous Excessive Speeding?

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

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

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

Insurance and Driving Record Consequences

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

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

Insurance rates. Industry data estimates that a reckless driving conviction in Florida increases auto insurance premiums by roughly 35 to 55 percent on average, persisting for 3 to 5 years. A dangerous excessive speeding conviction will likely produce a similar impact. Standard carriers may non-renew your policy or move you to a high-risk subsidiary.

CDL holders face additional risk. Excessive speeding (15+ mph over) and reckless driving are classified as “serious traffic violations” under federal regulations (49 C.F.R. § 383.51). Two serious traffic violations within three years triggers a 60-day CDL disqualification. Three within three years means 120 days. These consequences apply whether the violation occurred in a commercial vehicle or a personal vehicle.

What to Do If You Are Charged

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

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

Common Questions About Florida’s Dangerous Excessive Speeding Law

Can you go to jail for speeding in Florida?

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

Is dangerous excessive speeding a felony or misdemeanor in Florida?

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

Will I lose my license for excessive speeding in Florida?

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

Does driving 100 mph automatically qualify as dangerous excessive speeding?

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

How is this different from a regular speeding ticket?

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

Charged with Dangerous Excessive Speeding in Tampa Bay?

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

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

Call (813) 727-7159 today to schedule your free consultation.

On June 13, 2025, Florida enacted SB 653, a law that adds a new aggravating factor for capital felony sentencing. The law takes effect on July 1, 2025, and applies to certain crimes involving high-level government figures.

What SB 653 Changes

The new law creates an additional aggravating factor for capital felonies. Courts may now consider it an aggravating factor if:

• The victim was a head of state or their immediate family.
• The crime occurred while the defendant attempted or committed a crime against a head of state, even if the actual victim was someone else.

Aggravating factors influence sentencing and can lead to life imprisonment or the death penalty.

Who It Affects

Defendants facing capital charges must understand how this new law can change their sentencing exposure. Prosecutors can argue that the presence of a head of state—even indirectly—justifies harsher penalties. Judges now have an added factor to weigh in sentencing.

Attorneys must prepare to defend against this added complexity. Every word in the charging document matters, and every aggravating factor can raise the stakes.

When Does It Take Effect?

The law takes effect on July 1, 2025. It applies to qualifying crimes committed on or after that date. Anyone charged with a capital felony after this date could face the impact of SB 653 during sentencing.

Why Legal Representation Matters

Capital felony cases carry the harshest penalties allowed under Florida law. When aggravating factors are involved, those penalties become even more likely. A strong legal defense must anticipate the State’s strategy and challenge aggravating factors when possible.

Attorney Rocky Brancato has more than 25 years of experience handling the most serious criminal charges in Florida. He previously served as second-in-command at the Hillsborough County Public Defender’s Office and now leads The Brancato Law Firm, P.A. He personally handles every case and brings deep experience in death penalty litigation and felony sentencing.

Call The Brancato Law Firm, P.A. Today

If you or a loved one is facing a capital felony charge, do not wait. The earlier you involve a skilled defense attorney, the better your chances of building a strong case.

Call (813) 727-7159 or visit www.brancatolawfirm.com to schedule a confidential consultation. The firm serves clients in Tampa, Hillsborough, Pinellas, and Pasco counties.

Updated January 19, 2026

What Is Dexter’s Law?

On July 1, 2025, Florida will begin enforcing Dexter’s Law, a significant expansion of criminal penalties for animal cruelty offenses. This legislation, named after a dog who was tortured and killed, fundamentally changes how Florida prosecutes and punishes aggravated animal cruelty cases.

Specifically, Dexter’s Law amends several sections of the Florida Statutes to accomplish three major objectives: enhanced sentencing through a multiplier system, elimination of record sealing and expungement options, and creation of a public animal cruelty offender registry. Consequently, individuals charged under Florida Statute § 828.12 now face substantially more severe consequences than under previous law. I am Tampa Criminal Defense Attorney Rocky Brancato. If you are charged with criminal animal cruelty, my firm, the Brancato Law Firm, P.A. can help.

Enhanced Sentencing Under Dexter’s Law

Dexter’s Law amends Florida Statute § 921.0024 to impose a sentencing multiplier for qualifying animal cruelty convictions. When a defendant is convicted under § 828.12(2) and the offense involves intentional torture or torment that injures, mutilates, or kills an animal, the court must multiply the total sentence points by 1.25.

However, this multiplier applies only when the victim is an animal that is:

• Not used for bona fide agricultural purposes
• Not classified as captive wildlife under Florida law

As a result, defendants convicted of torturing or killing household pets face significantly longer prison sentences than under prior sentencing guidelines. Moreover, this multiplier stacks on top of any other applicable enhancements.

Dexter’s Law Sentencing Impact

Permanent Criminal Record: No Sealing or Expungement

One of the most significant changes under Dexter’s Law involves amendments to Florida Statutes § 943.0585 and § 943.059. Previously, defendants who received withheld adjudication for certain offenses could petition to seal or expunge their records after a waiting period.

Under Dexter’s Law, this option no longer exists for animal cruelty offenses. Specifically, the law permanently bars anyone who pleads guilty or no contest to any violation of § 828.12—whether misdemeanor animal cruelty under subsection (1) or felony aggravated animal cruelty under subsection (2)—from sealing or expunging their record.

This prohibition applies even when the court withholds adjudication. Therefore, a defendant who accepts a plea deal expecting to later clear their record will find that option permanently foreclosed.

Florida’s New Animal Cruelty Offender Registry

Beginning January 1, 2026, Dexter’s Law requires the Florida Department of Law Enforcement (FDLE) to create and maintain a public, searchable database of animal cruelty offenders. This registry will function similarly to Florida’s sex offender registry, making offender information permanently accessible to the public.

Who Will Be Listed on the Registry?

The registry will list anyone who enters a plea or receives a conviction for any offense under Florida Statute § 828.12. Importantly, this rule applies even when the court withholds adjudication—meaning the defendant appears on the public registry even if the court never technically convicts them.

Registry Requirements

• FDLE must update the registry at least every 48 hours
• The database must be publicly accessible online
• The registry must be searchable by the public
• Listing applies regardless of adjudication status

Dexter’s Law Implementation Timeline

What Dexter’s Law Means for Defendants

Dexter’s Law fundamentally changes the calculus for anyone accused of animal cruelty in Florida. The combination of enhanced sentences, permanent criminal records, and public registration creates consequences that extend far beyond the courtroom.

For instance, a conviction or plea will now affect employment opportunities, housing applications, professional licensing, and personal relationships—indefinitely. Additionally, the public registry ensures that neighbors, employers, and anyone else can easily discover the offense with a simple online search.

Given these stakes, mounting an aggressive defense from the earliest stages of the case is essential. This includes challenging probable cause, questioning witness credibility, examining forensic evidence, and exploring all available legal defenses.

Frequently Asked Questions: Dexter’s Law and Florida Animal Cruelty Charges

Questions about the Animal Cruelty Registry

Related:

• Tampa Criminal Defense Attorney – Full-service criminal defense
• Tampa Police Mistakes Can Lead to Case Dismissal
• Circumstantial Evidence in Florida Criminal Cases

Starting July 1, 2025, a sweeping new Florida boating law, known as “Lucy’s Law,” will permanently alter the landscape for boaters across Tampa Bay. Passed in May 2025 in response to a tragic boating death, this law introduces severe penalties for common marine incidents. Consequently, a casual day on the water can now have life-changing legal consequences.

If you operate any vessel in Tampa, St. Petersburg, Clearwater, or anywhere on the Intracoastal Waterway, you must understand these changes. This isn’t just another regulation; it’s a complete overhaul of boater responsibility that local law enforcement will be enforcing aggressively.

What is Lucy’s Law? A Guide for Tampa Bay Boaters

Lucy’s Law, officially CS/CS/CS/HB 289, raises the stakes for everything from boating under the influence BUI to leaving the scene of an accident. Here’s a clear breakdown of what every local boater, from the weekend enthusiast at Fort De Soto to the vessel rental operator at John’s Pass, needs to know.

1. Leaving a Boating Accident is Now a Major Felony

Previously, the consequences for leaving the scene of a boating accident were less severe. Under Lucy’s Law, this has changed dramatically. Failing to stop, provide your information, and render aid after a boating accident is now a felony.

The penalties escalate based on the severity of the incident:

• Accident with Injury: A third-degree felony.
• Accident with Serious Bodily Injury: A second-degree felony.
• Accident with a Fatality: A first-degree felony. Furthermore, if a captain willfully leaves the scene of a fatal crash, they face a mandatory minimum of 4 years in prison.

This is a critical update for boaters in high-traffic zones like the Courtney Campbell Causeway, Davis Islands, or near Beer Can Island.

2. BUI Manslaughter Penalties Mirror DUI Law

Lucy’s Law directly aligns penalties for Boating Under the Influence BUI with those for driving under the influence DUI. This is a significant shift aimed at reducing alcohol-related tragedies on crowded waters like Lake Tarpon and Hillsborough Bay.

Specifically, an operator involved in a fatal boating accident while impaired faces:

• BUI Manslaughter: A second-degree felony.
• Leaving the Scene of a Fatal BUI: A first-degree felony with mandatory prison time.

Because of this change, law enforcement in both Hillsborough and Pinellas counties will treat BUI incidents with the same gravity as DUIs on the road.

3. “Reckless Operation” Carries Felony Consequences

What might have been considered a careless joyride in the past now carries much heavier penalties. Reckless or careless operation of a vessel, such as operating at high speeds near swimmers or crowded sandbars, is now a more serious offense.

• Reckless Operation No Injury: A first-degree misdemeanor.
• Reckless Operation Causing Serious Bodily Harm: A third-degree felony.

This provision gives authorities more power to crack down on dangerous behavior near popular spots like Clearwater Pass and the Gandy Bridge.

4. It is Now a Crime to File a False Boating Accident Report

Under the new statute, it is illegal to knowingly provide false information, written or oral, following a boating accident. This is classified as a second-degree misdemeanor. This law targets anyone tempted to misstate the facts to avoid liability, even in a minor collision.

5. Mandatory Fines and Safety Courses for Violators

The new law also imposes stricter educational requirements and fines. Repeat offenders or anyone involved in a “reportable” boating accident must:

• Pay a 500 dollar fine, with the funds directed to marine law enforcement agencies.
• Successfully complete a state-approved boating safety course.
• File proof of course completion before being legally allowed to operate a vessel again.

This directly impacts recreational boaters and rental customers throughout the Tampa Bay area.

How Lucy’s Law Impacts Boaters in Hillsborough and Pinellas

As one of Florida’s busiest boating regions, Tampa Bay will be a focal point for the enforcement of Lucy’s Law. From Apollo Beach to Indian Rocks Beach, expect to see a more aggressive stance from the Hillsborough County Sheriff’s Office, Pinellas County Sheriff’s Office, and the Florida Fish and Wildlife Conservation Commission FWC.

This means you can anticipate:

• More Felony Arrests: Accidents that once might have resulted in misdemeanors or civil liability will now trigger felony charges.
• Harsher BUI Penalties: There will be less leniency for boaters found operating while impaired.
• Increased Scrutiny on Rentals: The law expands the definition of a “livery,” placing more responsibility on anyone renting out a vessel, even informally.

If you are involved in a marine incident, it is critical to consult a lawyer before making any statements. An experienced criminal defense attorney can secure evidence like GPS data, witness accounts, and medical records to protect your rights, often before formal charges are even filed.

Facing a BUI or Boating Charge in Tampa? Your Freedom is on the Line.

Under Lucy’s Law, there is no such thing as a minor boating incident anymore. You could be facing felony charges, mandatory prison time, and the loss of your freedom and reputation over a mistake on the water. Do not talk to law enforcement or wait for charges to be filed. The single most important step you can take right now is to secure an experienced BUI and boating defense lawyer.

The Brancato Law Firm is your first line of defense. With over 25 years of felony trial experience right here in Tampa Bay, we know how to challenge evidence, negotiate with prosecutors, and build a powerful defense designed to protect your future.

Don’t Risk a Felony Conviction. Call Us Immediately for a Confidential Strategy Session.

Your defense starts with one phone call. We will immediately review the details of your case and outline the critical next steps to protect you. We serve all of Tampa Bay from our office in historic Ybor City.

Call Now: (813) 727-7159

Legal Services: Felony Defense for BUI and Boating Accidents

Service Areas: Tampa, St. Petersburg, Clearwater, Hillsborough County, and Pinellas County

The Brancato Law Firm, P.A. – Tampa’s Authority in Boating Crime Defense