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.

Is Porn Legal in Florida? Understanding the 2024 Changes

If you’re asking whether porn is legal in Florida, the answer depends on several factors: your age, the type of content, and how you access it. For adults viewing legal adult content, Florida does not criminalize the act of watching pornography.

However, Florida passed significant legislation in 2024 that changes how adults access online pornography. Additionally, the criminal consequences for violations involving minors remain severe.

What Makes Pornography Legal vs. Illegal: The Obscenity Standard

The key to understanding pornography laws in Florida lies in the definition of obscenity. Not all sexually explicit material is legal. Florida uses a standard established by the U.S. Supreme Court in Miller v. California (1973) to determine what crosses the line.

Most mainstream adult websites host content that does not meet the Miller obscenity standard. However, “community standards” vary, and what is acceptable in one jurisdiction may be prosecuted in another.

What the Age Verification Law Requires

Under Florida Statute § 501.1737, websites must verify that users are 18 or older before displaying content that meets the legal definition of “harmful to minors.” Consequently, many major adult websites now require government ID verification or third-party age confirmation services.

Acceptable Verification Methods

The law requires “reasonable” age verification, which typically includes:

• Government-issued ID verification through a third-party service
• Digital ID or age verification databases
• Any commercially reasonable method that verifies age through government records

How Websites Have Responded

Some major adult websites have implemented verification systems to comply with Florida law. Others have chosen to block Florida users entirely rather than implement age verification. This is why some residents encounter “access denied” messages when attempting to visit certain sites.

Using a VPN to Bypass Age Verification: Legal Gray Area

Many Florida residents use Virtual Private Networks (VPNs) to access websites that have blocked Florida or to bypass age verification requirements. The VPN masks your location, making it appear you are accessing the internet from another state or country.

Pornography and Minors: Where Florida Law Draws Hard Lines

While adult pornography is legal, Florida law strictly prohibits minors from accessing such material. Moreover, the consequences for adults who facilitate that access—or who possess, create, or distribute images involving minors—are severe.

Minors Accessing Adult Content

Florida Statute § 847.0133 makes it a first-degree misdemeanor for any person to knowingly sell, rent, or loan “harmful” material to a minor. Parents and guardians can also face liability for knowingly allowing minors to access such content.

If you are a parent whose child accessed pornography, this does not automatically mean you face criminal charges. However, investigations can occur—particularly if there are allegations of intentional exposure.

Parents: Your Duty to Monitor—And Why It Matters Legally

Florida parents have both a practical and legal interest in monitoring their children’s internet activity. Beyond protecting your child from harmful content, monitoring can protect you from becoming the subject of a criminal investigation.

Parental Monitoring Apps and Tools

Proactive monitoring can prevent harmful searches before they trigger investigations. Several apps and tools can help parents monitor and control children’s internet access:

• Qustodio – Comprehensive monitoring with content filtering, screen time limits, and activity reports
• Bark – Monitors texts, social media, and searches for concerning content; alerts parents to potential issues
• Net Nanny – Real-time content filtering and website blocking with detailed reporting
• Google Family Link – Free tool for Android devices; manages apps, screen time, and content filters
• Apple Screen Time – Built-in iOS feature for content restrictions, downtime scheduling, and app limits
• Circle – Network-level filtering that works across all devices in your home

Why Monitoring Protects You Legally

If an investigation does occur, having monitoring software installed demonstrates that you were taking reasonable steps to supervise your child’s internet use. This can be important evidence that you were not the one conducting problematic searches.

Monitoring logs can also help establish a timeline and pattern of use that distinguishes your child’s activity from your own. However, if you find yourself under investigation, do not attempt to review or delete any data—contact a criminal defense attorney immediately.

Florida Pornography Offenses: Quick Reference

How Pornography Investigations Begin

If you are reading this because you are concerned about a potential investigation, understanding how these cases typically begin can help you make informed decisions.

Common Investigation Triggers

• Automatic detection: Major tech companies use hash-matching technology to detect known child pornography images and report to the National Center for Missing & Exploited Children (NCMEC)
• ISP monitoring: Internet service providers may flag suspicious activity and report to law enforcement
• Device seizure: During unrelated arrests, police may examine phones or computers and discover images
• Tips from others: Family members, ex-partners, or coworkers may report suspicious behavior to police

Why VPNs Don’t Guarantee Anonymity

Many people mistakenly believe that using a VPN makes them untraceable. However, VPNs do not protect you from:

• Files stored locally on your devices
• Cloud storage linked to your accounts
• VPN providers that keep logs and respond to subpoenas
• Payment records linking you to specific accounts
• Metadata embedded in files you download

Frequently Asked Questions: Florida Pornography Laws

Is watching porn illegal in Florida?

No. Watching legal adult pornography is not a crime in Florida if you are 18 or older. However, the 2024 age verification law requires websites to verify your age before granting access to content deemed “harmful to minors.”

Can I get in trouble for using a VPN to access porn sites?

Florida’s age verification law places obligations on websites, not individual adult users. Using a VPN to access legal adult content is not explicitly criminalized. However, using a VPN to access illegal content (such as child pornography) does not shield you from prosecution.

What if my child accessed pornography on my device?

Accidental exposure does not typically result in criminal charges against parents. However, intentionally showing harmful material to a minor is a first-degree misdemeanor. If you are facing questions from law enforcement about this issue, speak with an attorney before making any statements.

What if my child searched for pornography “with kids their age”?

This is a serious situation. A child searching for age-appropriate content may inadvertently search for child pornography terms that trigger automated detection systems. These systems report to NCMEC, which forwards to ICAC task forces. You—as the account holder—may become the initial suspect. Do not delete anything. Contact a criminal defense attorney immediately.

What is the penalty for possessing child pornography in Florida?

Possession of child pornography is a third-degree felony punishable by up to 5 years in prison per image. A person with 20 images could theoretically face 100 years. All convictions require lifetime sex offender registration, which affects housing, employment, and travel for life.

What should I do if police want to search my devices?

You have the right to refuse consent to a search. However, police may obtain a warrant. If you are facing an investigation involving digital devices, do not attempt to delete files—this can result in additional charges for obstruction or spoliation of evidence. Contact a criminal defense attorney immediately.

Are there defenses to child pornography charges?

Yes. Defenses may include: lack of knowledge (you didn’t know the files were there), lack of intent (automatic downloads or malware), illegal search and seizure, or incorrect age determination of individuals depicted. These defenses require forensic analysis and experienced legal counsel.

What is “harmful to minors” under Florida law?

Florida Statute § 847.001 defines material “harmful to minors” as content that predominantly appeals to prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value for minors. This is the standard that triggers age verification requirements.

Will I have to register as a sex offender?

Any conviction involving child pornography requires sex offender registration under Florida law—typically for life. This is one of the most devastating collateral consequences and one of the primary reasons to mount a vigorous defense against such charges.

Related:

• Tampa Sex Crimes Defense Attorney – Defending against sexual offense charges
• Florida Child Pornography Lawyer
• Child Pornography Enhancements in Florida

Key Provisions of the Law

To begin with, the law revises several statutes and introduces new sections:

• Threats or Harassment (§ 836.12, F.S.)
  A person who threatens or harasses officials such as judges, clerks, or assistants can now face criminal charges.
• Tampering with Court Officials (§ 918.12, F.S.)
  Using intimidation, misleading conduct, or bribery to sway court officials qualifies as tampering. Depending on the case, penalties range from a third-degree felony to a life felony.
• Harassing Court Officials (§ 918.12, F.S.)
  When harassment prevents jurors or officials from fulfilling their duties, the conduct may be charged as a misdemeanor or elevated to felony levels.
• Retaliation Against Court Officials (§ 918.125, F.S.)
  Retaliating against officials for their role in proceedings or investigations constitutes a third-degree felony. If the retaliation causes bodily injury, the charge escalates to a second-degree felony.
• Racketeering and Criminal Activity Enhancements
  Because these offenses are now included in Florida’s racketeering statutes, prosecutors have additional leverage in complex cases.

Why the Change Matters

This legislation highlights Florida’s commitment to protecting its judicial process. For defendants, however, the law creates more pathways for prosecutors to add charges to existing cases. Consequently, a single incident may now trigger multiple felony counts.

With penalties ranging from a misdemeanor to a life felony, the consequences can alter a person’s entire future. Therefore, anyone under investigation or accused of these offenses should act quickly. Early intervention by a skilled defense attorney can often make a decisive difference in the outcome.

Contact Our Office Today

If you or a loved one has been accused of tampering with, harassing, or retaliating against a court official, you should not face the system alone. The Brancato Law Firm, P.A. brings over 25 years of courtroom experience in major crimes defense throughout Tampa, Hillsborough, Pinellas, and Pasco counties.

Call (813) 727-7159 today to schedule a confidential consultation and start protecting your rights.

Frequently Asked Questions (FAQ)

Q: Who qualifies as a “court official” under this law?

A: The statute includes judges, justices, jurors, clerks, bailiffs, attorneys, judicial assistants, and administrative assistants.

Q: What does the law consider harassment?

A: Harassment refers to conduct that causes substantial emotional distress, serves no legitimate purpose, and directly targets a court official.

Q: Can charges apply without physical violence?

A: Yes. Threats, intimidation, or attempts to influence court officials can lead to criminal charges, even without physical force.

Q: What happens if retaliation results in injury?

A: The charge escalates to a second-degree felony, which carries far harsher penalties.

Q: Are attorneys exempt?

A: Yes. The law makes clear that attorneys performing their professional duties do not fall under these provisions.

Updated January 19, 2026 | Originally Published September 2025

How Misinformation Spread—And Why It Matters

When Florida’s HB 253 took effect on October 1, 2025, confusion spread rapidly. A viral video misinterpreted the law, claiming that any license plate frame covering any letters—including the word “Florida”—could result in criminal charges. Major media outlets picked up the story. Law enforcement agencies posted their own guidance, some of which was inaccurate.

AI-generated content amplified the confusion, repeating false claims without verification. Florida drivers were alarmed. Many removed frames they had used for years.

We published our analysis in September. We explained that standard frames remain legal—and that the new law targets something entirely different: devices designed to defeat cameras and law enforcement.

The response was swift. We were called wrong. We were told we didn’t understand the law. Commenters cited sheriff’s office videos and news reports as proof we were mistaken.

We stood by our analysis. And in December 2025, both the bill’s sponsor and the state agency confirmed we were right.

The Official Record: What Authorities Now Say

Rep. Doug Bankson (Bill Sponsor)

“What started as a false alarm became a raging fire of misinformation regarding license plate frames, when an errant video went viral, even being picked up by the media… The reported information is absolutely untrue. No one is in danger for sporting their favorite frame, as long as their license number and sticker are uncovered… So fear not to cheer on your favorite team, alma mater, or even your car dealer. Yes, this is still the Free State of Florida!”

Florida Department of Highway Safety and Motor Vehicles

On December 12, 2025, FLHSMV Executive Director Dave Kerner issued a memo to all Florida law enforcement agencies clarifying that:

• License plate frames are NOT prohibited by the new law
• Frames are legal as long as they don’t obscure the alphanumeric plate number and validation sticker
• The information at the bottom of the plate is NOT a “primary feature”—frames covering this area are permissible
• A 2019 Fourth DCA case analyzing similar statute found such frames permissible

The Rule: What’s Actually Legal

Quick Compliance Guide

What HB 253 Actually Targets

Rep. Bankson clarified that HB 253 addresses “tag flipping”—the practice of using devices triggered from inside the vehicle to hide or swap license plates to avoid tolls, cameras, or law enforcement. The law creates criminal penalties for:

1. Possession of Obscuring Devices (Misdemeanor)

Simply possessing a plate flipper or obscuring device is now a second-degree misdemeanor—even if your vehicle is parked.

2. The “Getaway Clause” (Felony)

If an obscuring device is used to conceal a crime, avoid arrest, or bypass toll/red-light cameras, the charge escalates to a third-degree felony.

3. Police Impersonation Lighting (Felony)

Using unauthorized red, red-and-white, or blue lights in a manner suggesting law enforcement is now a third-degree felony.

How We Defend Improper Stops

Because this law is new and misinformation is widespread, enforcement is inconsistent. We’re seeing officers initiate traffic stops for standard frames that do not actually violate the statute. When that happens, any evidence found during the stop—drugs, weapons, DUI indicators—may be suppressed.

Our 3-Point Defense Strategy:

1. The “Primary Features” Test: If body cam footage shows your numbers and sticker were visible, the officer lacked reasonable suspicion for the stop.
2. Device vs. Frame: We force the State to prove the object was a “device” intended to obscure, not a standard “frame.”
3. Video Evidence: We use dashcam and body cam footage to contradict claims of “unreadable” plates.

Pro Tip: If you’re stopped for a plate violation, safely take a clear photo of your license plate immediately after the interaction. This photo can be the difference between conviction and dismissal.

Frequently Asked Questions

Our Commitment to Accurate Legal Information

When we published our original analysis, we knew it would face scrutiny. We read the statute carefully. Our Founder Rocky Brancato understood the legislative intent. We knew the difference between §320.262 (obscuring devices) and §316.605 (plate display requirements).

We stood by our interpretation even when commenters insisted we were wrong, even when they cited law enforcement videos as authority, and even when AI-generated content repeated inaccurate claims.

Now both the bill’s sponsor and the state’s highway safety agency have confirmed what we said from the beginning: standard license plate frames are legal in Florida.

This is what experienced legal counsel looks like. We don’t follow viral videos. Our founder Rocky Brancato doesn’t repeat what others say without verification. We read the law, apply decades of experience, and give you the information you can rely on.

Stopped or Charged Under Florida’s Plate Laws?

New laws often lead to over-policing. A misunderstanding of §320.262 by an officer should not result in a permanent criminal record for you. If you’ve been stopped or charged under Florida’s license plate or vehicle lighting laws, I can help.

I’m Tampa Attorney Rocky Brancato. With over 25 years of experience as a Tampa criminal defense attorney, I utilize the specific language of statutes to file Motions to Suppress. If the stop was bad, the evidence found during that stop may be thrown out.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

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

Serving Hillsborough, Pinellas, and Pasco Counties

What Is Trenton’s Law?

On October 1, 2025, a sweeping new Florida law known as Trenton’s Law took effect, fundamentally changing how DUI and BUI offenses are prosecuted and punished in Florida. This legislation represents one of the most significant expansions of DUI penalties in recent Florida history.

Specifically, Trenton’s Law accomplishes four major objectives: it criminalizes refusal to submit to chemical testing, enhances penalties for repeat offenders, increases sentencing for DUI and BUI manslaughter, and updates Florida’s Criminal Punishment Code to impose higher sentencing points for impaired driving offenses. Consequently, anyone arrested for DUI or BUI after October 1, 2025 faces substantially more severe consequences than under prior law.

Breath Test Refusal Is Now a Crime

One of the most significant changes under Trenton’s Law is the criminalization of breath and urine test refusal. Prior to October 1, 2025, refusing a lawful request for chemical testing resulted in an administrative license suspension but was not itself a criminal offense.

Under the new law, refusing to submit to testing now carries the following criminal penalties:

Moreover, officers must now clearly advise drivers that refusing a lawful test is not only grounds for license suspension but also a crime that can be prosecuted. This expanded implied consent warning ensures defendants cannot claim ignorance of the criminal consequences.

Enhanced DUI and BUI Manslaughter Penalties

Trenton’s Law dramatically increases penalties for DUI manslaughter, BUI manslaughter, vehicular homicide, and vessel homicide—particularly for defendants with prior convictions. Under the new law, these offenses are now elevated to first-degree felonies when the defendant has a prior conviction for any of these offenses.

Prior Convictions That Trigger Enhancement

A defendant’s current charge will be elevated to a first-degree felony if they have any prior conviction for:

• DUI manslaughter (Florida Statute § 316.193(3)(c)3)
• BUI manslaughter (Florida Statute § 327.35(3)(c)3)
• Vehicular homicide (Florida Statute § 782.071)
• Vessel homicide (Florida Statute § 782.072)

Trenton’s Law: Before and After Comparison

Offense Severity Ranking Changes

Trenton’s Law also updates Florida’s Offense Severity Ranking Chart under the Criminal Punishment Code. DUI, BUI, vehicular homicide, and vessel homicide offenses have been moved higher on the chart, resulting in significantly more sentencing points.

In Florida’s sentencing system, higher offense severity rankings translate directly into longer mandatory minimum sentences and increased prison exposure. Therefore, even defendants without prior convictions will face harsher guideline sentences for DUI and BUI offenses committed after October 1, 2025.

Boating Under the Influence (BUI) Enhancements

Trenton’s Law applies identical enhancements to boating under the influence offenses. For Tampa Bay area boaters—including those in Hillsborough, Pinellas, and Pasco counties—this means that BUI arrests now carry the same serious consequences as DUI arrests.

Specifically, the law provides that:

• Refusing breath or urine testing during a BUI investigation is now a criminal offense
• BUI manslaughter with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide is a first-degree felony
• Vessel homicide carries enhanced sentencing points under the Criminal Punishment Code

What Trenton’s Law Means for Tampa Bay Drivers and Boaters

For drivers and boaters across Tampa Bay—including Hillsborough, Pinellas, and Pasco counties—Trenton’s Law significantly raises the stakes in DUI and BUI cases. The changes affect everyone from first-time offenders to those with prior records.

A refusal to blow is no longer just an administrative suspension—it can now lead to a permanent criminal record. Likewise, repeat DUI or BUI offenders face life-altering felony enhancements that can result in decades of prison time.

If you or a loved one is charged under this new law, it is crucial to work with an experienced defense attorney who understands both the criminal trial process and the nuances of Florida’s sentencing guidelines.

Frequently Asked Questions: Trenton’s Law

What is Trenton’s Law in Florida?

Trenton’s Law is a 2025 Florida statute that significantly increases penalties for DUI and BUI offenses. The law criminalizes breath test refusal, enhances penalties for repeat offenders, elevates DUI and BUI manslaughter to first-degree felonies for defendants with prior convictions, and increases sentencing points under Florida’s Criminal Punishment Code. It takes effect October 1, 2025.

Does refusing a breath test now carry criminal charges in Florida?

Yes. Under Trenton’s Law, refusing to submit to a lawful breath or urine test is now a criminal offense. A first refusal is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine. A second or subsequent refusal is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine.

What happens if someone with a prior DUI manslaughter conviction causes another fatal crash?

Under Trenton’s Law, they can now be charged with a first-degree felony, which carries a maximum penalty of 30 years in state prison. This is a dramatic increase from the previous second-degree felony classification, which carried a maximum of 15 years.

Does Trenton’s Law apply to boating under the influence (BUI)?

Yes. The law applies identical enhancements to BUI offenses. Refusing testing during a BUI investigation is now a criminal offense, and BUI manslaughter with a prior conviction is now a first-degree felony. Vessel homicide also receives enhanced sentencing points.

When does Trenton’s Law take effect?

Trenton’s Law takes effect on October 1, 2025. All DUI and BUI arrests occurring on or after this date will be subject to the new enhanced penalties, including criminal charges for refusal.

Should I refuse the breath test under the new law?

This is a complex legal question that depends on your specific circumstances. Under Trenton’s Law, refusal now carries criminal penalties in addition to license suspension—but providing a breath sample can also provide evidence for the prosecution. An experienced DUI attorney can help you understand the strategic considerations based on your individual situation.

What prior convictions trigger the first-degree felony enhancement?

The first-degree felony enhancement applies if the defendant has any prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. Any one of these prior convictions will elevate a new DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide charge to a first-degree felony.

How can a Tampa DUI attorney help with charges under Trenton’s Law?

An experienced Tampa DUI attorney can challenge the legality of the traffic stop, question the administration of field sobriety tests, challenge breath test results, file motions to suppress evidence, negotiate with prosecutors for reduced charges, and advocate for alternative sentencing. Given the enhanced penalties under Trenton’s Law, aggressive defense from the earliest stages is critical.

Related:

• Tampa DUI Lawyer – Full DUI defense services
• Tampa CDL DUI Suspension Attorney – Commercial license defense
• Retrograde Extrapolation: Challenging BAC Evidence in Florida DUI Cases
• Tampa Boating Law 2025 Lucy’s Law

What the Florida Utility Worker Law 2025 Does

The law defines a utility worker as anyone clearly identified by a patch, emblem, or uniform who works for or contracts with a utility. Covered utilities include electricity, gas, water, wastewater, and communications services.

The law also reclassifies criminal offenses:

• Assault becomes a first-degree misdemeanor.
• Battery becomes a third-degree felony.
• Aggravated assault becomes a second-degree felony.
• Aggravated battery becomes a first-degree felony.

Why This Matters

Florida raised the stakes. Even a brief confrontation with a utility worker could result in felony charges. Police may arrest without a warrant if they believe the offense occurred. Juveniles face fingerprinting and state criminal record entries, making the impact long-term.

Protect Yourself if Accused

These cases are no longer treated as minor. Prosecutors push for maximum penalties. A conviction could bring prison, a permanent record, and lasting damage to your future.

At The Brancato Law Firm, P.A., we know how prosecutors build these cases. With more than 25 years of trial experience, Rocky Brancato fights for clients facing serious felony charges in Tampa, Hillsborough, Pinellas, and Pasco.

Call (813) 727-7159 today for a confidential consultation.

Frequently Asked Questions

Q: When does the Florida utility worker law 2025 take effect?

A: The law starts October 1, 2025.

Q: Who qualifies as a utility worker?

A: Any clearly identified worker for a utility providing electricity, gas, water, wastewater, or communications services.

Q: What if I’m charged with battery on a utility worker?

A: That charge is now a third-degree felony, punishable by up to 5 years in prison.

Q: Can police arrest me without a warrant?

A: Yes. Officers may arrest if they have probable cause.

Q: Do the rules apply to juveniles?

A: Yes. Juveniles are fingerprinted, and records go into Florida’s criminal history system.

A new mental health diversion law known as the Tristin Murphy Act took effect in Florida on October 1, 2025. Senate Bill 168 reshapes how courts and prosecutors handle criminal cases involving people with mental health conditions—creating pathways to treatment instead of incarceration.

Key Provisions of SB 168

Who Is Eligible for Mental Health Diversion?

Under the Tristin Murphy Act, eligibility for diversion programs generally requires:

• A diagnosed mental illness, intellectual disability, or autism spectrum disorder
• A charge of misdemeanor, ordinance violation, or certain non-violent felonies
• Consent to treatment and participation in the diversion program
• Willingness to comply with treatment recommendations

Violent felonies and serious crimes are generally excluded. Prosecutors, judges, and defense attorneys collaborate to identify appropriate candidates.

What This Means for Tampa Bay Defendants

In Hillsborough, Pinellas, and Pasco counties, the Tristin Murphy Act provides a genuine opportunity for treatment instead of punishment. Defendants who qualify may avoid the lifelong impact of a criminal conviction by completing treatment programs. Successful completion can lead to charges being dismissed entirely.

However, prosecutors still control much of the process, and eligibility varies. Without strong advocacy, defendants risk being excluded from diversion programs they should qualify for. This makes experienced defense representation essential.

Frequently Asked Questions

What is the Florida mental health diversion law?

The Florida mental health diversion law, known as the Tristin Murphy Act (SB 168), takes effect October 1, 2025. It allows certain defendants with mental health conditions to receive treatment instead of traditional prosecution.

Who qualifies for mental health diversion in Florida?

Defendants facing misdemeanors, ordinance violations, or certain non-violent felonies may qualify. Eligibility depends on mental health evaluations, the type of charge, consent to treatment, and approval by the prosecutor and court.

Does the Tristin Murphy Act apply in Tampa Bay?

Yes. The law applies statewide, including Hillsborough, Pinellas, and Pasco counties. Additionally, SB 168 specifically extends the Forensic Hospital Diversion Pilot Program to Hillsborough County.

Can charges be dismissed under the new law?

Yes. Upon successful completion of treatment, the State Attorney must consider dismissal of charges. Many defendants who complete their treatment plans will have their cases dismissed.

How do veterans benefit from the Tristin Murphy Act?

The law expands funding for Veterans Treatment Courts. These specialized courts connect veterans with treatment programs instead of pushing them through standard criminal penalties.

Will probation include mental health treatment?

Yes. Under the new F.S. 948.0395, defendants who were previously found incompetent due to mental illness but later restored to competency must undergo evaluations and follow treatment as a condition of probation.

Why do I need a lawyer for mental health diversion?

The law creates opportunities, but prosecutors still control eligibility and outcomes. An experienced defense attorney ensures you are considered for diversion, protects your rights during evaluations, and advocates for dismissal when treatment is complete.

How I Can Help

I bring over 25 years of courtroom experience and have handled some of Tampa Bay’s most complex mental health-related criminal cases. I know how to:

• Push for diversion at the earliest stage of your case
• Ensure treatment plans are fair and realistic
• Secure dismissals after successful program completion
• Protect clients from unfair exclusion from diversion programs

Mental Health Is a Factor in Your Case?

The Tristin Murphy Act creates real opportunities for treatment and second chances. But those opportunities are not automatic. Having an experienced advocate guide the process often makes the difference between dismissal and continued prosecution.

If you or someone you love faces charges where mental health is a factor, now is the time to understand your options.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

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

Serving Hillsborough, Pinellas, and Pasco Counties

Related Resources: See my Tampa Criminal Mental Health Lawyer page for more information on how I defend clients in mental health-related cases.

A new Florida child luring law goes into effect on October 1, 2025. House Bill 777 amends Florida Statute 787.025, expanding the scope of child luring offenses and significantly increasing penalties. If you are accused under this statute in Tampa Bay, the risks are higher than ever before.

Key Changes Under HB 777

Penalties Under F.S. 787.025 (As Amended)

Why This Matters in Tampa Bay

Prosecutors now have more leverage in child-related cases. The expansion from under 12 to under 14 significantly broadens the pool of potential victims. The upgrade from misdemeanor to felony means that even first-time accusations now carry the possibility of prison time and a permanent felony record.

For anyone accused in Hillsborough, Pinellas, or Pasco County, these changes raise the stakes significantly. A conviction can affect employment, housing, professional licenses, and civil rights for the rest of your life.

The Age Defense: What Has Actually Changed?

Florida law has long prohibited defendants from claiming they did not know—or were misled about—a child’s age in sex crime and child-related cases. HB 777 does not create this rule; it simply codifies it explicitly within F.S. 787.025 itself. The practical effect is to reinforce what was already the law and make it unmistakably clear to defendants, defense attorneys, and juries alike.

Frequently Asked Questions

What is the Florida child luring law 2025?

House Bill 777 amends Florida Statute 787.025, which criminalizes luring or enticing a child. The law takes effect October 1, 2025, and expands protections to children under 14, upgrades first offenses to felonies, and covers luring children both into and out of structures or vehicles.

What are the penalties for child luring in Florida after October 1, 2025?

A first offense is now a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. If the defendant has a prior sex offense conviction, the charge becomes a second-degree felony with up to 15 years in prison.

Can I argue that I thought the child was older?

No. Florida law does not permit ignorance or misrepresentation of a child’s age as a defense. HB 777 explicitly codifies this rule within F.S. 787.025, reinforcing what was already established Florida law.

Does child luring only apply to sex crimes?

No. The statute applies to luring a child for “other than a lawful purpose,” which can include non-sexual situations. However, prosecutors often charge luring alongside sex crimes or child abuse offenses.

What does “luring” mean under Florida law?

Under the amended statute, luring means intentionally enticing—or attempting to entice—a child under 14 into or out of a structure, dwelling, or conveyance for other than a lawful purpose.

Why should I hire a defense attorney immediately?

Early representation gives you the best chance to protect your rights, challenge the evidence, and avoid the harshest penalties. A felony conviction can affect your freedom, career, housing, and civil rights for the rest of your life.

Related Defense Resources

Visit my Tampa Sex Crimes Defense page to see how I defend against charges under Florida’s strict sex crime statutes. Explore my Tampa Child Abuse Defense page for insight on how medical records and expert testimony can shift the outcome of a case.

For the full text of the legislation, see the official Florida Senate Bill Text — CS/HB 777 (2025).

Facing Charges Under the Florida Child Luring Law?

If you or a loved one faces charges under Florida Statute 787.025, call me immediately. I bring over 25 years of experience defending major sex crimes cases. As a former litigator in the elite Major Crimes Division at the Hillsborough County Public Defender’s Office—handling sex crimes, homicides, and child abuse—I understand how prosecutors build these cases and how to fight back.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

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

Serving Hillsborough, Pinellas, and Pasco Counties

Updated January 19, 2026

On October 1, 2025, Florida implemented a significant new animal protection law known as Trooper’s Law. This legislation amends Florida Statute 828.13 and creates stronger penalties for abandoning restrained dogs during natural disasters. For pet owners in Tampa Bay, understanding this law is essential—violations now carry felony-level consequences.

What Trooper’s Law Does

The law was passed in response to concerns that many dogs are left chained or tethered outside during storms, unable to escape or seek shelter. Trooper’s Law makes two key changes to Florida’s animal cruelty statutes:

Key Definitions Under F.S. 828.13

Penalties for Violating Trooper’s Law

Why This Matters for Tampa Bay Residents

Florida residents in Tampa, Hillsborough, Pinellas, and Pasco counties face frequent hurricane and storm threats. This law places new obligations on pet owners and raises the stakes significantly for those who fail to protect their animals during emergencies.

Importantly, the law highlights how criminal charges can arise from decisions made under pressure during storm preparations. A pet owner who evacuates without bringing their restrained dog inside could face felony prosecution—even if the decision was made in a moment of panic or confusion.

Legal Implications

While Trooper’s Law is designed to protect animals, it also means individuals accused of violating the statute face serious criminal consequences. A felony conviction can affect:

• Employment opportunities (many employers conduct background checks)
• Housing applications (landlords may deny felony applicants)
• Professional licenses (nursing, teaching, real estate, and other licensed professions)
• Civil rights (voting rights, firearm ownership)

Anyone under investigation or facing arrest for animal cruelty under this statute should seek experienced legal counsel immediately.

Frequently Asked Questions About Trooper’s Law

Questions About Florida Criminal Law?

At The Brancato Law Firm, P.A., I monitor changes to Florida criminal law and help clients understand how new statutes may affect them. If you have questions about Trooper’s Law or any criminal matter, I am here to help. With over 25 years of experience defending clients across Tampa Bay, I understand both the letter of the law and the real-world circumstances that lead to these cases.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

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

Serving Hillsborough, Pinellas, and Pasco Counties

Key Changes in the Law

The update to Florida Statute 316.1935 brings several important changes:

• Marked Patrol Vehicles – To charge under the harsher subsections, the police vehicle must display agency insignia and jurisdictional markings. Lights and sirens must also be activated.
• Felony Reclassifications –
  • High-speed fleeing or reckless driving while fleeing is now a second-degree felony.
  • If someone is injured or killed, it rises to a first-degree felony with a three-year minimum prison sentence.
• Leaving a Crash Scene – Fleeing after a crash can lead to aggravated charges, with even greater penalties if injuries occur.
• Sentencing Multipliers – If you have prior fleeing convictions, your sentencing points increase by 1.5 times, making prison more likely.

Why It Matters to Tampa Drivers

These changes matter because prosecutors across Hillsborough, Pinellas, and Pasco Counties will apply them aggressively. A split-second choice to drive away from a stop can now mean a felony conviction, years in prison, and a permanent record.

Judges will also have less discretion to reduce sentences when mandatory minimums apply. That makes it critical to have an experienced defense attorney who understands how to challenge:

• Whether the officer’s vehicle met the new statutory requirements.
• Whether the facts support reclassification to a higher felony.
• Whether the multiplier is being applied correctly.

Local Impact in Tampa Bay

Courts in Tampa, Clearwater, and Dade City already handle many fleeing cases. With this law, penalties are harsher, especially if there was an accident. Defense strategy now requires a careful review of the stop order, patrol vehicle markings, and crash evidence.

For background on the statute itself, you can read the text on the Florida Senate website.

FAQ: Florida Fleeing and Eluding Law 2025

What is the Florida fleeing and eluding law 2025?

The Florida fleeing and eluding law 2025 is a new update to §316.1935. It increases penalties for drivers who refuse to stop for law enforcement. It also reclassifies certain fleeing offenses as more serious felonies.

When does the Florida fleeing and eluding law 2025 take effect?

The law takes effect on October 1, 2025. Any offense committed after that date will be subject to the new penalties.

What are the penalties under the new law?

Fleeing at high speed or driving recklessly while fleeing is now a second-degree felony. If serious injury or death occurs, it becomes a first-degree felony with a mandatory minimum of three years in prison.

Does the law apply if the police car is unmarked?

No. For the harsher penalties to apply, the law requires the police car to display insignia and markings, with lights and sirens activated.

What if I already have a prior fleeing conviction?

The law includes a sentencing multiplier. If you have prior fleeing convictions, your sentence points increase by 1.5. That makes prison time much more likely.

How does this affect Tampa, Clearwater, and Dade City drivers?

Local prosecutors in Hillsborough, Pinellas, and Pasco Counties are expected to apply this law aggressively. That means drivers charged under the new law face higher risks of prison and long-term consequences.

Where can I read the law for myself?

You can review the statute on the Florida Senate website.

What should I do if I am charged?

Call a lawyer right away. The earlier you involve an attorney, the stronger your defense. At The Brancato Law Firm, P.A., we analyze whether the stop was legal and fight to reduce or dismiss charges.

Protect Your Future Now

If you or a loved one faces a fleeing charge, you need strong representation right away. At The Brancato Law Firm, P.A., attorney Rocky Brancato brings more than 25 years of courtroom experience. He has handled thousands of felony cases and personally develops defense strategies tailored to each client.

Call us today at (813) 727-7159 or visit our Tampa Criminal Defense page to schedule a confidential 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

At The Brancato Law Firm, P.A., we defend people across Tampa and Hillsborough County who are charged with crimes like resisting arrest, obstruction, and now violations of Florida Statute 843.31. If you’ve been arrested for filming or standing too close to police, we can help.

What the New Law Says

Under Section 843.31, Florida Statutes, it’s now a second-degree misdemeanor to stay within 25 feet of a police officer, firefighter, or EMT after being told to back away. If you’re recording and don’t move after a verbal warning, and police say you intended to interfere, threaten, or harass, you could be arrested.

Penalties include up to 60 days in jail and a $500 fine.

This law applies across Florida—including Tampa, Brandon, Riverview, Plant City, and throughout Hillsborough County.

Can You Still Record Police Officers in Tampa?

Yes, you can still legally film police in public places. That right is protected by the First Amendment. But the new law gives officers more power to control how close you can get. If you’re filming and they tell you to step back—and you don’t—you’re at risk of being charged under this statute.

How to Safely Record Police Without Getting Arrested

If you want to record an arrest, traffic stop, or emergency response, follow these safety tips:

• Stay at least 25 feet away – If an officer tells you to back up, do it. Don’t argue.
• Use your phone’s zoom – You can still record from a distance.
• Keep calm and don’t talk to the officers – Stay quiet and focus on filming.
• Don’t block emergency workers or vehicles – Move out of the way immediately.
• Stay on public property – Sidewalks and parking lots are usually safe zones.
• Film the warning if possible – If you’re told to back up, record that moment. It may help your defense later.

Arrested for Filming Police in Hillsborough County? Call a Criminal Defense Lawyer Now

Many arrests under this new law are based on the officer’s opinion. You may not have intended to interfere—but police can still say you did. That’s why you need an experienced criminal defense attorney who knows how to challenge vague claims and protect your rights.

At The Brancato Law Firm, P.A., we’ve spent over 25 years defending people charged with serious crimes in Tampa and Hillsborough County. We understand how these cases work—and how to fight them. Whether you were arrested at a protest, during a traffic stop, or while filming a family member’s arrest, we are ready to step in and help.

Contact Us Today

If you’ve been charged under Florida Statute 843.31 or any other criminal offense, don’t wait. The sooner you call, the more we can do.

Call (813) 727-7159 now for a free and confidential consultation with Rocky Brancato, Tampa criminal defense attorney. We serve clients in Tampa, Brandon, Riverview, Plant City, and across Hillsborough County.

Let us protect your freedom—so you can protect your rights.

Frequently Asked Questions About Filming Police in Tampa, Florida

Is It Legal to Record Police Officers in Tampa?

Yes. You generally have a First Amendment right to film police officers performing their duties in public places in Tampa and throughout Florida. However, a new Florida law (Florida Statute § 843.31) that took effect on January 1, 2025, restricts how close you can be while recording.

What Does Florida Statute 843.31 Say About Filming Police?

Under Section 843.31, it is a second-degree misdemeanor to stay within 25 feet of a police officer, firefighter, or EMT after being told to move away. If you continue recording without moving back and the officer believes you intended to interfere, threaten, or harass, you can be arrested.

What Are the Penalties for Violating Florida’s Filming Law?

Violating Florida Statute 843.31 is punishable by up to 60 days in jail and a fine of up to $500. A conviction also creates a criminal record that may affect future employment or licensing opportunities.

Does This Law Apply Throughout the Tampa Bay Area?

Yes. Florida Statute 843.31 applies statewide—including Tampa, Brandon, Riverview, Plant City, and all of Hillsborough County. Local police departments must follow the same 25-foot rule under this law.

Can I Still Record Police in Public?

Yes. Your right to record law enforcement in public remains protected, but you must comply with any verbal instruction to move at least 25 feet away. Ignoring that warning could result in arrest under Section 843.31.

How Can I Safely Record Police Without Getting Arrested?

To safely record police encounters in Tampa:

• Keep at least 25 feet away from officers and emergency workers.
• Move back immediately if asked—do not argue or resist.
• Use your phone’s zoom to capture video from a distance.
• Stay calm and silent while filming; avoid direct engagement.
• Do not block emergency vehicles or personnel.
• Stay on public property such as sidewalks or parking lots.
• If possible, record the officer’s verbal warning to move back. This could support your defense if you are arrested.

What Should I Do If I’m Arrested for Filming Police in Tampa?

If you are arrested for violating Florida Statute 843.31, contact an experienced Tampa criminal defense attorney immediately. Your lawyer can investigate whether the officer’s instruction was lawful and whether your actions actually interfered with their duties.

Why Do I Need a Lawyer If I’m Charged Under Section 843.31?

Arrests under this law often depend on an officer’s subjective interpretation of your intent. A knowledgeable attorney can challenge vague allegations, argue that your recording was constitutionally protected, and work to have the charges dismissed or reduced.

Who Should I Contact If I’m Arrested for Filming Police in Hillsborough County?

If you’ve been charged under Florida Statute 843.31, contact The Brancato Law Firm, P.A. for a free and confidential consultation.
Attorney Rocky Brancato represents clients throughout Tampa, Brandon, Riverview, Plant City, and Hillsborough County.
Call (813) 727-7159 today to protect your rights and your future.

If you’re facing criminal charges in Tampa, Hillsborough County, or surrounding areas, it’s crucial to understand these changes and how they may impact your rights. The Brancato Law Firm, P.A. stays ahead of legal developments to ensure our clients receive the strongest possible defense.

Why the Speedy Trial Rule Matters

The Speedy Trial Rule protects defendants from excessive delays in prosecution, ensuring they receive a fair trial within a reasonable timeframe. Without these protections, individuals could face prolonged legal uncertainty, extended incarceration, and unnecessary restrictions on their freedom. Understanding the recent changes is essential for anyone involved in Florida’s criminal justice system.

Key Changes to Florida’s Speedy Trial Rule

1. Speedy Trial Without Demand: When Does the Clock Start?

Previously, the speedy trial period began when a person was taken into custody. Under the new rule, the clock starts when formal charges are filed, not at the time of arrest (Fla. R. Crim. P. 3.191(a)).

• Misdemeanors: The trial must begin within 90 days of formal charges being filed (Fla. R. Crim. P. 3.191(a)(1)).
• Felonies: The trial must begin within 175 days of formal charges being filed (Fla. R. Crim. P. 3.191(a)(2)).

This change means that law enforcement can arrest an individual, but the speedy trial protections won’t apply until the prosecution formally charges them.

2. Speedy Trial Upon Demand: New Timeframes

Defendants can still demand a trial within 60 days by filing a Demand for Speedy Trial, but the timeline for the trial has been modified:

• The trial must now begin between 5 and 60 days (previously 5 and 45 days) after the demand is filed (Fla. R. Crim. P. 3.191(b)).
• If the trial does not occur within 60 days, the defendant is entitled to a remedy, including potential dismissal of charges (Fla. R. Crim. P. 3.191(p)).

3. Removal of Custody Definition

The revised rule removes the previous definition of when a person is considered in custody under the Speedy Trial Rule. As a result, the speedy trial clock now starts solely upon the filing of formal charges.

4. New Timeframes for Defendants Awaiting Charges

The state now faces stricter deadlines for filing formal charges:

• For defendants in custody:
  • The state must file charges within 30 days of arrest (Fla. R. Crim. P. 3.134).
  • If charges are not filed, the defendant must be released by the 33rd day, unless the state provides good cause for an extension.
  • The maximum extension is 40 days; beyond this, the defendant must be released (Fla. R. Crim. P. 3.134(d)).
• For defendants not in custody:
  • Charges must be filed within 60 days of arrest.
  • If not filed, the defendant must be released from all pretrial conditions by the 63rd day, unless the state provides good cause for an extension.
  • If the prosecution shows good cause for not filing charges within 60 days, the court may extend the pretrial release period by an additional 30 days.
  • If charges are still not filed after this extension, the defendant must be fully released from pretrial conditions (Fla. R. Crim. P 3.134(b)(2)).

5. New ‘Recapture’ Period for Speedy Trial Violations

If the state fails to bring a defendant to trial within the required timeframe:

• The defendant must file a Notice of Expiration of Speedy Trial Time (Fla. R. Crim. P. 3.191(p)).
• The court must schedule a hearing within 5 days.
• The prosecution then has 30 days (previously 10 days) to bring the defendant to trial.
• If the trial does not occur within those 30 days, the charges must be dismissed without prejudice, unless the court determines that the defendant’s constitutional right to a speedy trial has been violated, in which case the dismissal will be with prejudice (Fla. R. Crim. P. 3.191(p)(3)).

This change represents a major shift from the previous rule, where failure to bring a defendant to trial within the specified time led to the defendant being forever discharged from the crime. Now, unless there is a constitutional violation, the state may refile charges after a dismissal without prejudice. While this revision grants prosecutors more flexibility, it also raises concerns about the potential for repeated delays and re-filings. Skilled Tampa Attorneys will need to invoke the Right to Constitutional Speedy Trial (see our recent post on Constitutional Speedy Trial to learn more).

6. Removal of the Nolle Prosequi Provision

The revised rule eliminates the previous section (Fla. R. Crim. P. 3.191(o)) that addressed the effect of a nolle prosequi (voluntary dismissal of charges). This means that the rule no longer explicitly prevents the state from dismissing and re-filing charges to manipulate the speedy trial clock. As a result, defendants must be aware that a dismissal and re-filing by the prosecution may not be subject to the same restrictions as before.

7. Effective Date of the New Rule

The revised Speedy Trial Rule takes effect on July 1, 2025:

• Cases initiated before this date will follow the previous version of the rule.
• Cases initiated on or after July 1, 2025 will follow the new procedures.

What These Changes Mean for You

If you’re facing criminal charges in Tampa or any part of Hillsborough County, these rule changes could impact how your case progresses. Prosecutors now have stricter deadlines for filing charges for defendants who are out of custody, but the new rules allow for more lenient delays on their part.

At The Brancato Law Firm, P.A., we are committed to ensuring that your rights are protected under Florida’s legal system. If you or a loved one has been arrested, time is critical. The sooner you hire an experienced defense attorney, the better your chances of ensuring the state meets its obligations under the Speedy Trial Rule.

Call Rocky Brancato today at (813) 727-7159 for a consultation.

Let us help you navigate these legal changes and fight for the best possible outcome in your case.