The Florida legislature has passed a wide variety of new Criminal laws and amendments to existing ones. If you have been charged with a crime in Florida, the Florida criminal defense attorneys at Alers Law Firm can help you present your most effective legal defense.
All of these new laws went into effect on October 1st. Some of them criminalize actions that were not previously addressed under the law. Many of these new statutes provide for tougher penalties and minimum sentences for certain crimes. You would face these penalties regardless of whether you actually knew about the law that had just gone into effect. It is essential that you seek immediate help from an experienced criminal defense attorney who can help you understand the law.
Schedule a free initial consultation with a Florida criminal defense lawyer at Alers Law Firm by calling us at 407-930-4888. We are available to you 24/7 to discuss your case, and we can explain your legal options. This phone call is not one that you can afford to delay.
The Florida Legislature has sought to address a number of issues that involve either gaps or shortcomings in existing laws or that criminalize other actions. The Legislature often reacts to situations in which there are high-profile crimes that draw media attention. In some cases, they may try to make stricter laws to deal with issues that may not be addressable under the existing law. Here are new laws that have been passed by the Florida Legislature, and signed into law by Governor DeSantis, of which you need to be aware. Our presentation of these laws is broken down into broad categories, with an explanation of the individual statutes.
Traffic-Related Crimes
Traffic violations in Florida are becoming more serious than ever, with new laws imposing harsher penalties for fleeing from police, driving under the influence, or impersonating law enforcement. Even minor missteps can now carry life-changing consequences, including felony charges, license suspension, or jail time. That’s why having an experienced Florida traffic crimes attorney on your side is crucial.
- HB 113 makes it illegal to flee from an officer in a traffic chase. It is now a third-degree felony for a driver to either fail to stop when instructed to do so by a law enforcement officer, or attempt to flee when there is a patrol car with prominently displayed jurisdictional markings, when the sirens and lights are activated. The penalty rises to a second-degree felony when the motorist drives at high speed, or in any manner which 41 demonstrates a wanton disregard for the safety of persons or property. Finally, it is a first-degree felony when any vehicular chase results in a serious bodily injury or death to another person, including any law enforcement officer involved in the situation.
- HB 687 – In the wake of a highly-publicized incident in which a college student was killed by a drunk driver who had a prior conviction for vehicular homicide, Florida has toughened the penalties for a subsequent conviction of this type. Under a new statute called Trenton’s Law, a subsequent vehicular homicide offense is charged as a first-degree felony. In addition, the law also criminalizes the refusal to submit to a breath or urine test subsequent to a DUI arrest, treating it as a first or second-degree misdemeanor, depending on the circumstances.
- HB-235 – Those who are not law enforcement may not drive a vehicle on the highway with certain types of lights that could indicate that they are operating a police car. If they try to stop another driver on the road when driving a car with these lights, they will be charged with a third-degree felony.
You may be wondering what the different degrees of felonies in Florida mean and how they impact the severity of criminal charges. Understanding these distinctions can help you grasp the potential legal consequences.
| Degree of Felony | Maximum Penalty | Examples of Crimes | Statutory Reference (Florida Statutes) |
| Capital Felony | Death penalty or life imprisonment without parole | First-degree murder, capital sexual battery, certain acts of treason | §775.081(1)(a); §782.04; §794.011(2) |
| Life Felony | Life imprisonment and up to $15,000 fine | Kidnapping with a weapon, sexual battery with serious injury, armed robbery causing serious injury | §775.082(3)(a)3; §775.083(1)(a) |
| First-Degree Felony | Up to 30 years (or life if specified) and $10,000 fine | Trafficking drugs (certain amounts), aggravated child abuse, burglary with assault or battery | §775.082(3)(b)1; §775.083(1)(b) |
| Second-Degree Felony | Up to 15 years and $10,000 fine | Aggravated battery, vehicular homicide, sale of controlled substance within 1,000 feet of a school | §775.082(3)(d); §775.083(1)(b) |
| Third-Degree Felony | Up to 5 years and $5,000 fine | Grand theft (>$750), tampering with electronic monitoring device, resisting officer with violence | §775.082(3)(e); §775.083(1)(c) |
| Mandatory Minimums | Vary by offense; ranges from 3 years to life imprisonment, depending on the crime and aggravating factors | – 10-20-Life Law (§775.087): Mandatory 10 years for using a gun, 20 years for firing it, and life for causing serious injury or death.
– Drug Trafficking (§893.135): Mandatory terms based on drug type and quantity (e.g., 3 years for ≥4g of heroin; 25 years for ≥28g of heroin). – Repeat Violent Offender (§775.084): Longer or life sentences for habitual or violent career criminals. |
§775.087; §775.084; §893.135 |
Sex-Related Crimes
Sex crime allegations carry devastating consequences, not just legally, but personally and professionally. Florida’s new laws have made these offenses even more severe, with expanded definitions, higher penalties, and mandatory prison sentences for repeat offenders. Whether you are facing charges related to online activity, accusations of sexual cyberharassment, or possession of illegal content, the stakes couldn’t be higher. That’s why having an experienced sex crimes attorney by your side is essential.
- HB 757 – The new law makes it illegal for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes a lewd or lascivious image. The law defines the term “lewd and lascivious image” as one of a minor who is under the age of 16 years old and who is identifiable by their face or other characteristics. This law is intended to punish those who produce and create “deepfake” pornography videos. One cannot knowingly solicit, possess, control, or intentionally view a variety of media that contains one of these images. In other words, solicitation of child pornography is a crime. The crime can be charged as a second or third-degree felony.
- HB 1351 – The new law clarifies and broadens the information that one who is on the sexual offender registry must report. It qualifies the definition of the offender’s primary residence to one “that is the person’s home or other place where the person primarily lives.” It also adds a legal definition for a temporary in-state residence that must be reported.
- HB 1451 – The law expands the crime of sexual cyberharassment to include as victims those who are not the defendant’s intimate partner. In addition, the new law also raises the severity of the criminal charge for sexual cyberharassment, upping it from a misdemeanor to a third-degree felony. Victims now have a civil right of action to allow them to sue the defendant to seek financial damages.
- HB 1455 – There are now mandatory minimum prison sentences for repeat sex crime offenders if the second conviction is one on a specified list. These minimum sentences range from 10 to 20 years. For example, if one is convicted of a second sex crime, and the second offense is child pornography, there is a mandatory minimum sentence of ten years in prison, with the possibility of more jail time.
- SB 1804 – This law imposes severe penalties on those who profit from the sexual exploitation of minors who are under the age of 12 or those or who are mentally incapacitated. A conviction for this crime can result in life in prison or even the death penalty.
- HB 777 – When a defendant is charged with luring a minor under the age of 14 from a home or structure for other than lawful purposes, they can no longer use the defense that they were unaware of the victim’s age.
Electronics and Monitoring Devices
As technology becomes more integrated into everyday life, Florida has strengthened its laws surrounding electronic monitoring and tracking devices. From ankle bracelets to drones and AirTags, the state now treats tampering, misuse, or modification of such devices as serious crimes.
- HB 437 – It is illegal to tamper with an electronic monitoring device that one is required to wear under the terms of the law, such as an ankle bracelet. One can also not assist someone in altering or tampering with a device that they must wear. This crime is charged as a third-degree felony.
- HB 1121 – The new law adds an exception that allows one to fly an unmanned aerial vehicle over critical infrastructure if it is for a commercial purpose, and it complies with FAA requirements. While the law does provide an exception, it also adds a prohibition that criminalizes altering an unmanned aerial vehicle to help frustrate FAA tracking and identification.
- SB 1168 – According to the law, one who plants a tracking device on the property of another to commit a dangerous crime or to facilitate the commission of a dangerous crime will be charged with a second-degree felony. The law was intended to stop the use of AirTags in the commission of crimes.
Other New Laws in Florida
- HB 693 – In any capital murder case, there is a hearing in which the court considers whether there are aggravating factors that could lead to the imposition of the death penalty. The new law adds the following as an aggravating factor if the victim of the capital felony was gathered with one 18 or more persons for a school activity, religious activity, or public government meeting.
- SB 150 – This new law is an animal cruelty statute that criminalizes abandoning an animal during a natural disaster when it is chained up. The law treats this crime as a third-degree felony.
Speak to a Florida Criminal Defense Law Firm Today!
If you have been charged with an offense, speak to a Florida criminal defense attorney at Alers Law Firm. You must schedule an immediate free initial consultation with a criminal defense lawyer. You can speak to a criminal defense lawyer by visiting our website or by calling us today at 407-930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
