I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I spent years as a police academy instructor teaching officers how to apply Florida statutes in the field, and I later served as COO of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100. Today our attorneys defend people charged with crimes in Hillsborough, Pinellas, and Pasco Counties, including business owners who find themselves in a criminal investigation over what is really a payment dispute.

What does Florida’s mover statute, section 507.11, make a crime?

Section 507.11(1), Florida Statutes, makes it a third-degree felony for a mover, or a mover’s employee, agent, or contractor, to refuse a law enforcement officer’s order to release a customer’s household goods. The order only triggers the felony if the officer first makes one of two specific determinations. A third-degree felony in Florida carries up to five years in prison and a $5,000 fine under section 775.082 and section 775.083.

The statute calls the customer the “shipper.” Here is what the State would have to establish:

Every other violation of Chapter 507 is a first-degree misdemeanor under section 507.11(2), punishable by up to one year in jail and a $1,000 fine. That catch-all covers registration, estimate, and disclosure failures.

When can a Florida mover legally hold a customer’s belongings?

A Florida mover can hold household goods when the customer has not paid the amount specified in a written contract or estimate that the customer signed and dated. Section 507.06(1) requires a mover to deliver and place goods inside the customer’s home “unless the shipper has not tendered payment in the amount specified in a written contract or estimate signed and dated by the shipper.”

Three limits apply even when the mover is owed money:

• Medicine and children’s items. A mover “may not refuse to relinquish prescription medicines and goods for use by children, including children’s furniture, clothing, or toys, under any circumstances.”
• Payment refusal. Under section 507.06(2), a mover cannot withhold goods because it refused a form of payment it was required to accept. Section 507.05 requires every mover to accept at least two of three payment types (cash-type payment, personal check, or credit card) and to disclose which ones on the estimate and contract.
• Storage disclosure. A mover that lawfully withholds goods may store them until payment is tendered. Under section 507.06(3), the mover must disclose the storage location and the amount due within five days of a written request.

An officer arriving at the scene sees a customer standing next to a truck full of their own furniture. The statute requires the officer to look past that picture and read the paperwork.

Does a signed revised estimate change what the customer owes?

Yes. Since July 1, 2024, section 507.11(1) expressly counts “amendments to the contract for services reflecting the price adjustment signed by the shipper” when deciding whether the customer has paid. The Legislature added that language, along with electronic acknowledgment, in Senate Bill 304 (2024), which became Chapter 2024-47, Laws of Florida.

The practical effect is clear. A customer who agrees in writing to a higher price, before the work is done, owes the higher price. Paying only the original phone quote does not satisfy section 507.11(1), and an officer who treats the original quote as the controlling number is ignoring the amendment language the Legislature added in 2024.

When does holding goods cross the line into a crime or a lawsuit?

Holding goods becomes unlawful when the mover inflates the price without a valid signed agreement, or keeps goods after the customer has paid what the signed documents require. Section 507.07 lists the violations. These include misrepresenting the price of moving services, failing to honor the contract for services, and withholding goods “if payment has been made as delineated in the estimate or contract for services.” Under section 507.08, any violation of Chapter 507 is also a deceptive and unfair trade practice under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA).

The classic bait-and-switch shows the difference. In Thompson Nation Holdings LLC v. Gonzalez, No. 3D2024-0588 (Fla. 3d DCA Sept. 10, 2025), a student hired movers to take her belongings from Miami to Gainesville on a $1,146 binding estimate that promised no additional charges unless specified or requested. At the destination, the movers presented a $4,389.25 invoice, refused to unload when she offered the estimate amount, and left with her belongings while she went inside to call police. The bill of lading she signed that morning had blank rate lines that were filled in by hand later. The Third District affirmed summary judgment for the customer, including the trial court’s findings of FDUTPA violations, fraud, and breach of contract. The lesson for movers is simple: a price increase the customer never signed is worth nothing, and a document filled in after the fact can make things worse.

I have been on the customer’s side of this myself. A mover once quoted me a price, never prepared a change order, raised the price when the crew arrived, and held my belongings until I paid. The next day I called the company, demanded a refund of the difference, and told them I would sue. They refunded it. I am a lawyer, and I suspect that is the main reason it worked. Shady movers rely on intimidation and on customers not knowing the law. Chapter 507 exists for that situation. A mover who discloses a higher price up front and gets the customer’s signature before lifting a box stands in a very different position.

Federal investigators have tracked the same problem for years. A 2009 Government Accountability Office report on the household goods moving industry, GAO-10-38, noted that some consumer complaints to federal regulators “involve egregious offenses, such as holding goods hostage.” In 2024, Florida’s Senate staff counted 1,348 movers and 39 moving brokers with active Florida registrations as of December 4, 2023, according to the Senate Fiscal Policy Committee’s bill analysis of SB 304.

Can a mover be charged with resisting an officer instead?

An officer could try. Resisting an officer without violence under section 843.02 is a first-degree misdemeanor. In C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009), the Florida Supreme Court reviewed a juvenile’s conviction for running from police and held that the State must prove two things: the officer was engaged in the lawful execution of a legal duty, and the accused’s words or conduct obstructed or resisted that duty.

That first element matters for movers. An order to release goods that section 507.11 does not authorize is hard to describe as the lawful execution of a legal duty. Our attorneys would raise that argument on a resisting charge. A mover who physically interferes with an officer, however, risks charges that are much harder to defend, so save every argument about the order for court.

How often are movers actually prosecuted under section 507.11?

Felony prosecutions under section 507.11 appear to be rare. When the Legislature’s Criminal Justice Impact Conference reviewed a 2015 bill to expand the statute, the Department of Corrections reported that zero offenders were sentenced under section 507.11(1) in fiscal year 2013-14, according to the Office of Economic and Demographic Research’s impact estimate for HB 765. That figure is more than a decade old, and the 2024 amendments may change enforcement patterns. As of October 2026, our research found no published Florida appellate decision interpreting section 507.11’s officer-determination language, which helps explain why officers in the field read it inconsistently.

Arrests can still happen. An arrest happens on the officer’s judgment at the scene. Whether formal charges follow is a separate decision made later by the State Attorney’s Office.

What should a mover do when police demand the goods be released?

A mover facing an officer’s release order should stay calm, show the signed documents, and decide deliberately whether to comply under protest or hold the goods. Here is the approach our firm recommends:

1. Produce the paperwork immediately. Show the original estimate, the signed revised estimate, the contract for services, and the electronic signature record with its time stamp, email address, and IP address.
2. Point the officer to the two triggers. Explain that the customer has not paid the signed amended amount and that a signed binding estimate is in hand, so neither condition in section 507.11(1) is met.
3. Release medicine and children’s items right away. Section 507.06(1) allows no exception for these.
4. Offer to accept payment. Confirm the payment forms disclosed on the estimate and that you will take them.
5. Do not physically resist. Never block, push, or pull away from an officer.
6. Call a criminal defense attorney. A Hillsborough County criminal defense attorney can speak to the officer or a supervisor while the facts are fresh.

The decision to comply or hold is a business judgment with real tradeoffs:

An arrest made without probable cause can support a federal civil rights claim. Officers, however, can raise qualified immunity, which in the Eleventh Circuit protects an officer who had “arguable” probable cause. A civil case after an arrest is slow and uncertain.

What does a revised estimate need to hold up?

A revised estimate holds up best when it meets every requirement in section 507.05 and is signed before any work begins. Use this checklist:

• Prepared by a mover registered with the Florida Department of Agriculture and Consumer Services
• Signed or electronically acknowledged, and dated, by the customer and the mover (and any broker)
• Shows the original amount, the revised total, and the reason for the change, such as the actual item count or volume
• Includes an itemized breakdown of loading, transportation, unloading, and accessorial charges
• Discloses accepted payment forms and the storage location in case of a fee dispute
• Signed before loading, with the time stamp preserved

Chapter 507 applies only to moves that begin and end in Florida, under section 507.02. Interstate moves are governed by federal rules. Under 49 C.F.R. section 375.403, an interstate mover that finds additional goods must, before loading, reaffirm its binding estimate, prepare a new binding estimate signed by the customer that lists the added goods in detail, or agree in writing to treat the original estimate as non-binding. Florida law has no identical rule, but following the federal model gives an intrastate mover strong evidence that the revision was fair and agreed.

What happens if a mover is arrested in Tampa Bay?

A mover arrested in Hillsborough, Pinellas, or Pasco County who is not released on a bond schedule will see a judge at first appearance within 24 hours, where bond and release conditions are set. The State Attorney’s Office then decides whether to file formal charges, and the customer does not control that decision. Our related post on whether a victim can drop charges in Florida explains how that filing decision works.

The weeks between arrest and the filing decision are the best time to act. Our attorneys use that window for pre-file advocacy: sending prosecutors the signed revised estimate, the electronic signature audit trail, photos or video of the load, and a written analysis of sections 507.06 and 507.11. A prosecutor who sees a signed, time-stamped price amendment has good reason to decline the case. Save every document, text, and photo from the job, and avoid giving a statement to police without counsel. Our post on the Florida accident report privilege explains how statements to police can be used later, and our guide to what a criminal defense attorney costs in Tampa covers fees.

For more about our defense strategies, visit our Hillsborough County criminal defense attorney page.

Frequently asked questions

Can a Florida mover keep my furniture if I only paid the phone estimate?

Yes, if you later signed and dated a revised estimate with a higher price and have not paid it. Section 507.06(1) lets a mover withhold goods until the customer tenders the amount in a signed written estimate or contract. Prescription medicines and children’s items must still be released.

Is it legal for a mover to raise the price on moving day in Florida?

A price increase is enforceable when it is put in writing and signed or electronically acknowledged by the customer before the work is done. An increase the customer never agreed to can violate section 507.07 and FDUTPA, as the movers in Thompson Nation Holdings LLC v. Gonzalez, No. 3D2024-0588 (Fla. 3d DCA Sept. 10, 2025) learned. Our firm tells movers to get the signature before loading.

Does a mover’s electronic signature record count as proof in Florida?

Yes. Since July 1, 2024, section 507.11(1) refers to a “signed or electronically acknowledged” binding estimate, and section 507.05 allows the shipper and mover to electronically acknowledge the estimate and contract. A record showing the time stamp, email address, and IP address is strong evidence the customer agreed.

If a mover releases goods to police, does it lose the right to collect?

No. Section 507.11(1) states that complying with an officer’s order “is not a waiver or finding of fact regarding any right to seek further payment from the shipper.” The mover can still pursue the balance in civil court. The Brancato Law Firm’s practice is criminal defense, so we focus on the arrest risk side of that choice.

Can a moving crew member be arrested, or only the company owner?

Both. Section 507.11(1) applies to “a mover or a mover’s employee, agent, or contractor,” so a driver who refuses an officer’s order can face the same charge as the owner. Crew members should call the owner and a lawyer before deciding how to respond.

What should I do if police threaten to arrest me over a moving payment dispute in Tampa?

Show the signed documents, release medicine and children’s items, do not physically resist, and call a criminal defense attorney. The Brancato Law Firm, P.A. can review your estimate and contract, talk to the officer, and defend you if an arrest happens. Call (813) 727-7159.

Talk to a Tampa criminal defense attorney today

If an officer has threatened to arrest you over a moving job, or you have already been arrested, the attorneys of The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can help. Call (813) 727-7159 now, before the State Attorney’s Office makes its filing decision.

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

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

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I taught criminal procedure at the police academy, so I know exactly what officers are trained to write in a resisting report — and our attorneys use that training every week to take these charges apart.

What Does the State Have to Prove for Resisting Without Violence?

Two things — and both are genuinely contestable. Under Section 843.02, Florida Statutes, and as the Florida Supreme Court framed it in C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009), the State must prove: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the defendant’s action — by words, conduct, or a combination — constituted obstruction or resistance of that lawful duty.

Both elements have teeth. If the stop or detention wasn’t lawful at the moment the alleged resistance happened, element one fails — and that fight doesn’t end if a pretrial motion to suppress is denied, because the lawfulness of the officer’s duty is an element the State must still prove at trial. Losing the suppression motion means the jury hears the evidence; it does not take the defense away. And not everything that annoys an officer is “obstruction” — element two requires actual resistance, not confusion, fear, or a few seconds of hesitation. Our attorneys attack both in Hillsborough, Pinellas, and Pasco County courtrooms:

The Brancato Law Firm, P.A. — Tampa criminal defense — (813) 727-7159

What Are the Penalties for Resisting Without Violence?

Up to one year in jail, twelve months of probation, and a fine — because it is a first-degree misdemeanor. That’s the same maximum as a battery or possession of 20 grams or less of cannabis, for conduct that is often nothing more than a chaotic few seconds during someone else’s bad night. A conviction also puts a “resisting” offense on a permanent record that employers and licensing boards read as fighting with police — which is exactly why we fight these charges instead of pleading them out by default. And the felony version is always lurking: resisting an officer with violence is a felony, and prosecutors sometimes charge up first and negotiate down later.

What Is the Difference Between Resisting With and Without Violence?

Violence toward the officer — and it is the difference between a misdemeanor and a felony. Under Section 843.01, Florida Statutes, whoever knowingly and willfully resists an officer “by offering or doing violence to the person of such officer” commits a felony of the third degree — up to five years in prison. Without violence, the same resistance is the first-degree misdemeanor discussed in this article.

The Brancato Law Firm, P.A. — (813) 727-7159

The line between the two is contested in real cases constantly: tensing an arm, pulling away, or stumbling during a chaotic arrest gets written up as “violence” in reports more often than you would think. When our attorneys see a felony resisting charge, the first fight is usually over that word — because reducing § 843.01 to § 843.02 takes a felony off the table entirely.

Why Do Resisting Charges Get Added to Other Charges?

September 2026 update: Resisting without violence is most often paired with disorderly conduct, and the two charges frequently fail together: if the underlying disorderly conduct arrest was unlawful because the officer saw only protected speech or did not witness the conduct, the officer was not engaged in the lawful execution of a legal duty. Our fully rewritten guide, Is Disorderly Conduct a Crime in Florida, and Can You Be Arrested Just for Yelling?, covers the Second District’s Barry v. State decision and the 2024–2026 cases on arrests made outside the officer’s presence.

Because resisting is the easiest charge to write — it requires no victim, no property, and no evidence beyond the officer’s own account of the encounter. In Tampa Bay arrest paperwork, we routinely see it stacked on top of the charge that started the encounter, and sometimes it is the only charge left standing when the original suspicion fizzles: the search comes up empty or the battery call falls apart, but the arrest still happened, so the report says the person “resisted.”

That pattern is also where the defense leverage lives. A resisting count that depends entirely on an unlawful stop collapses with the stop. A count built on a few chaotic seconds collapses against the video. And stacked counts collapse under the double jeopardy rule discussed below. Our firm treats an add-on resisting charge as a signal to scrutinize the whole encounter — because if the resisting count is weak, the rest of the report deserves the same skepticism.

What Counts as Resisting an Officer Without Violence?

Real obstruction of a lawful police duty — classic examples include refusing lawful commands during a valid stop, physically pulling away from a lawful arrest, or giving false identifying information during a lawful detention.

Running from the police can qualify too, and the leading case is worth knowing. In C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009), a teenager in a high-crime area took off running the moment he saw officers, and kept running after they ordered him to stop. The Florida Supreme Court held that his flight was resisting without violence — because his own unprovoked, headlong flight in that setting gave the officers reasonable suspicion to stop him, which made their order to stop a lawful command he then defied. But C.E.L. cuts both ways, and it sets two limits the State must satisfy: the person must know the officer intends to detain them, and the officer must be legally justified in the stop at the moment the command is given. Walking away from an officer who has no lawful basis to detain you is not a crime.

Notice what all of those examples share: a lawful police command plus a real act of defiance. In our experience reviewing Tampa Bay arrest reports, plenty of resisting charges are missing one or both — the “command” was never lawful, or the “resistance” was a scared person freezing.

When Is It NOT Resisting? A 13-Year-Old’s Case Was Just Thrown Out

Hesitating for a few seconds is not a crime — a Florida appellate court said so this month. In E.Y., a Child v. State, No. 4D2025-2551 (Fla. 4th DCA Aug. 19, 2026), officers responding to a call about a girl suspected of battering her mother approached a 13-year-old, and an officer yelled “come here!” The child, within a few seconds, stopped walking and started crying. The appellate court held she was entitled to a judgment of dismissal on the resisting charge — because a momentary pause followed by compliance is not obstruction of a legal duty.

That case is worth sitting with, because it is how these charges actually happen: a tense scene, a shouted command, a frightened kid or adult who doesn’t respond instantly, and a charge that treats fear as defiance. When our attorneys defend a resisting case, the first question is always the same — what exactly did our client do, second by second? The answer, surprisingly often, is: nothing the law recognizes as resistance.

Can You Legally Resist an Unlawful Arrest in Florida?

Yes — as long as you use no force or violence at all. This surprises almost everyone, but it has been Florida law for generations: as the Second District — the appellate court for Hillsborough, Pinellas, and Pasco Counties — put it in Lobb v. State, No. 2D18-4137 (Fla. 2d DCA Jan. 31, 2020), “[i]f an arrest is not lawful, then a defendant cannot be guilty of resisting it . . . the common law rule still remains that a person may lawfully resist an illegal arrest without using any force or violence.” In Lobb itself, the court threw out a resisting conviction because the deputy had no lawful basis to detain the defendant in the first place.

The flip side is just as absolute: you may never use force. Under Section 776.051(1), Florida Statutes, a person is not justified in using or threatening force to resist an arrest or detention by a law enforcement officer — even one that turns out to be unlawful. The moment resistance becomes physical force against the officer, the legality of the arrest stops being a defense to that force, and a felony charge is on the table.

Our attorneys give every client the same practical advice: this is a courtroom right, not a street tactic. Comply calmly, say nothing about the incident, and let us litigate the lawfulness of the arrest afterward — where the right actually wins cases, the way it did in Lobb.

Can You Be Charged With Resisting Twice for One Incident?

Not when the resistance was one continuous act — even if several officers were involved. In K.B., a Child v. State, No. 5D2025-1370 (Fla. 5th DCA Aug. 21, 2026), a student resisted two school officers trying to take her vape device, kept resisting after being handcuffed, and was charged with two counts of resisting — one per officer. The Fifth District reversed one of them: her “continuing resistance to an arrest can amount to a single act of resistance, even if several officers are involved in the effort,” and charging it twice violated double jeopardy.

The court applied a five-factor test to decide whether resistance is one act or several:

The Brancato Law Firm, P.A. — (813) 727-7159

In K.B., the location stayed the same, nothing intervened, and the child’s intent never changed — so it was one act, charged once. The court also confirmed that a double jeopardy violation is fundamental error, meaning it can be raised for the first time on appeal. When our firm reviews a case with stacked resisting counts — and multiple counts are common whenever several officers respond — this test is the first thing we run.

How Our Attorneys Defend a Resisting Without Violence Charge

By litigating it like the constitutional case it usually is, not the throwaway misdemeanor it looks like. The pattern that wins these cases:

1. Reconstruct the encounter second by second. Body camera, dash camera, school and business surveillance, and witness phones — matched against the report’s timeline. The E.Y. case turned on a few seconds.
2. Test the lawfulness of the duty. Was there reasonable suspicion for the stop, a lawful basis for the detention, a valid arrest? If not, element one fails — and a motion to suppress or dismiss follows.
3. Isolate the actual “act” of resistance. Fear, hesitation, questions, and reflexive movement are not obstruction. We make the State name the act — precisely — and then measure it against the video.
4. Run the double jeopardy test on stacked counts. One continuous episode is one charge, no matter how many officers responded.
5. Protect the record. Where the case resolves, we fight for outcomes that preserve eligibility to seal the record — because “resisting an officer” is a phrase no background check reads charitably.

That last point matters beyond the courtroom: a resisting case handled well ends quietly, and one handled carelessly follows a client for decades. It is also why these cases deserve real defense attention even though they are “only” misdemeanors — in our Hillsborough County practice, the resisting count is often the most winnable charge on the arrest affidavit.

What Should You Do After a Resisting Arrest in Tampa Bay?

Say nothing about the incident, and get the paper fast. Three things matter in the first days:

1. Don’t explain yourself to anyone but your lawyer. “I only pulled away because…” is a confession to element two.
2. Preserve the video. Body cameras, school cameras, and bystander phones decide these cases — the E.Y. facts were won on what actually happened, second by second. Video gets overwritten; preservation letters need to go out early.
3. Have counsel test both elements before any plea. Whether the stop was lawful and whether the conduct was truly resistance are legal questions — the kind our attorneys resolve in motions, not at sentencing.

Call The Brancato Law Firm at (813) 727-7159 — our attorneys answer 24/7.

Frequently Asked Questions: Resisting Without Violence in Florida

Is resisting an officer without violence a felony in Florida?

No — it is a first-degree misdemeanor under § 843.02, Fla. Stat., punishable by up to a year in jail. Resisting an officer with violence is a separate felony offense. In our Tampa Bay cases, we regularly see the line between the two contested — and it matters enormously.

Can I be convicted of resisting if the stop was illegal?

Generally no — the State must prove the officer was in the lawful execution of a legal duty when the alleged resistance occurred. But timing matters: under C.E.L. v. State, flight itself can sometimes create the suspicion that makes a later command lawful. Our attorneys analyze the lawfulness of the encounter moment by moment.

Is running from the police a crime in Florida?

It can be — defying a lawful order to stop is resisting without violence, and unprovoked flight in a high-crime area can itself justify the stop under C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009). But the person must know the officer intends to detain them, and the order must be lawful when given.

Can a resisting without violence charge be dropped?

Yes — these charges get dismissed or reduced regularly, especially where the stop was unlawful, the “resistance” was momentary hesitation, or counts were stacked from a single episode. The Brancato Law Firm challenges both elements and, where the record supports it, moves for dismissal before trial.

My child was arrested at school for resisting — what happens now?

The case goes to juvenile delinquency court, and the recent appellate decisions in E.Y. and K.B. — both juvenile cases — show how vulnerable these charges are to challenge. In our juvenile cases, we also work to keep school-based incidents from becoming lasting records.

Can a resisting without violence case be sealed in Florida?

Often, yes — the outcome of the case controls eligibility, which is exactly why the resolution matters as much as the verdict. A dismissal, a dropped charge, or in many cases a withhold of adjudication can preserve the ability to seal or expunge the record, while a conviction generally cannot. Our firm handles record sealing and expungement, and we negotiate resisting cases with that endgame in view from day one.

Do I need a lawyer for a misdemeanor resisting charge?

Yes — a resisting conviction reads like “fought with police” to every future employer, landlord, and licensing board, and the charge is often the most defensible count on the arrest report. The attorneys of The Brancato Law Firm, P.A. handle these cases throughout Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 for a free, confidential consultation.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

Related reading: Teen Takeover Arrests in Tampa Bay: What Every Parent Needs to Know · What to Do After Being Arrested in Tampa, Florida · How Does a Bond Hearing Work in Tampa? · The Criminal Court Process in Hillsborough County

Charged With Resisting in Tampa Bay? The Video Won’t Wait

Body camera and surveillance footage — the evidence that wins these cases — starts disappearing within weeks of an arrest. If you or your child is facing a resisting charge in Hillsborough, Pinellas, or Pasco County, call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 before the recordings are gone.

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

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