Law Updates

You can find guides and resources regarding important statutory, rule, and other legal changes. We will include matters here that we believe it is important that every lawyer should be up to date on.

The following laws will take effect on July 1, 2025.

Per the summary of this bill, otherwise know as “Dexter’s Law”:

The bill amends the Florida Criminal Code Worksheet, to create a sentencing point multiplier for the crime of aggravated animal cruelty. If the primary offense the defendant is convicted of is aggravated animal cruelty, which includes the knowing and intentional torture or torment of an animal that injured, mutilated, or killed the animal, the defendant’s subtotal sentence points are multiplied by 1.25. 

This bill, otherwise known as the “Pam Rock Act,” imposes the following conditions and liabilities on dog owners, specifically owners of dangerous dogs.  The entire bill can be read here.

  • Reaffirms that dog owners are liable for harm their dogs cause to people or livestock § 767.01(1)
  • Requires caging of dogs known to be dangerous – § 767.01(2)
  •  Allows immediate confiscation of a dog that has killed or bitten a person with bite that scores a 5 or higher on the Dunbar scale § 767.12(1)(a)
  • Amends the procedure for investigating and confiscating dangerous dogs – § 767.12(1)
  • Makes removing a microchip placed into a dangerous dog a third degree felony – § 767.12(5)(a)(1)(c)

Created at § 316.1922, Fla. Stat, there is a new crime of Dangerous Excessive speeding, which reads:

(1) A person commits dangerous excessive speeding if he or she operates a motor vehicle:

(a) In excess of the speed limit by 50 mph or more.

(b) At 100 mph or more in a manner that threatens the safety of other persons or property or interferes with the operation of any vehicle.

(2) A person convicted of dangerous excessive speeding shall be punished:

(a) Upon a first conviction, by imprisonment for up to 30 days or by a fine of $500, or by both a fine and imprisonment.

(b) Upon a second or subsequent conviction, by imprisonment for up to 90 days or by a fine of $1,000, or by both such fine and imprisonment. A person convicted of a second or subsequent violation of this section that occurs within 5 years after the date of a prior conviction for a violation of this section shall have his or her driving privilege revoked for at least 180 days but no more than 1 year.

Section 318.14(2), Fla. Stat. is amended as follows:

Except as provided in ss. 316.1001(2), 316.0083, 316.173, and 316.1896, any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic citation the time and location of the scheduled hearing. The officer and must indicate the applicable civil penalty established in s. 318.18, except for infractions under s. 318.19(5) or s. 316.1926(2). For all other infractions under this section, except for infractions under s. 316.1001, the officer must certify by electronic, electronic facsimile, or written signature that the citation was delivered to the person cited. This certification is prima facie evidence that the person cited was served with the citation.

Subsections (4) and (5) of section 318.19, Florida Statutes, are amended, and subsection (6) is added to that section, to read:

318.19 Infractions requiring a mandatory hearing.—Any person cited for the infractions listed in this section shall not have the provisions of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated official at the time and location of the scheduled hearing:

(4) Any infraction of s. 316.520(1) or (2); or

(5) Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed limit by 30 mph or more; or

(6) Any infraction of s. 316.1926(2).

Section 1. Subsection (14) of section 365.172, Florida Statutes, is amended to read:

365.172 Emergency communications.—

(14) MISUSE OF 911, E911, OR NG911 SYSTEM; PENALTY.—911, E911, and NG911 service must be used solely for emergency communications by the public.

(a) A any person who does any of the following commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:

1. Accesses or causes another party to access the number 911 for the purpose of making a false alarm or complaint or reporting false information that could result in the emergency response of any public safety agency.; any person who

2. Knowingly uses or attempts to use such service for a purpose other than obtaining public safety assistance.; or any person who

3. Knowingly uses or attempts to use such service in an effort to avoid any charge for service, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If a person violates subparagraph (a)1. and the subsequent emergency response by a public safety agency results in:

1. Great bodily harm, permanent disfigurement, or permanent disability to any person as a proximate result of lawful conduct arising out of the emergency response, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. Death to any person as a proximate result of lawful conduct arising out of the emergency response, the person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) After having two or more convictions being convicted of unauthorized use of emergency communications services such service four times, a person who continues to engage in such unauthorized use commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this paragraph, the term “conviction” means a determination of guilt that is the result of a plea agreement or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

(d) A court shall order any person convicted of violating this subsection to pay:

1. The costs of prosecution and investigation under s. 938.27.

2. Restitution to a responding public safety agency and any other victim who suffers damage or injury as a proximate result of lawful conduct arising out of an emergency response. The restitution must include the full payment of any cost incurred by a responding public safety agency In addition, if the value of the service or the service charge obtained in a manner prohibited by this subsection exceeds $100, the person committing the offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Section 2. Subsection (3) is added to section 837.05, Florida Statutes, to read:

837.05 False reports to law enforcement authorities.—

(3) A court shall order any person convicted of violating this section to pay:

(a) The costs of prosecution and investigation under s. 938.27.

(b) Restitution to any victim who suffers damage or injury as a proximate result of lawful conduct arising out of a law enforcement response.

Section 1. Subsection (5) of section 782.04, Florida Statutes, is renumbered as subsection (6), and a new subsection (5) is added to that section to read:

782.04 Murder.—

(5)(a) As used in this subsection, the term:

1. “Dangerous fentanyl or fentanyl analogs” means any controlled substance described in s. 893.135(1)(c)4.a.(I)–(VII).

2. “Distribute” has the same meaning as in s. 893.02.

(b) The unlawful killing of a human being, when perpetrated without any design to effect death, which resulted from the unlawful distribution by a person less than 18 years of age of any substance or mixture that he or she knew or reasonably should have known contained dangerous fentanyl or fentanyl analogs when such substance or mixture is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user, is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Section 1. Section 316.2021, Florida Statutes, is created to read:

316.2021 Unlawful impersonation of transportation network company driver.—

(1) A person may not impersonate a transportation network company driver, as defined in s. 627.748(1), by making a false statement; displaying counterfeit signage or emblems of a trade dress, trademark, brand, or logo of a transportation network company; or engaging in any other act that falsely represents that the person represents a transportation network company or is responding to a passenger ride request for a transportation network company.

(2)(a) Except as provided in paragraph (b), a person who willfully violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person who willfully violates subsection (1) during the commission of, or to facilitate the commission of, a separate felony offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

This act requires clerks to timely deliver court orders about certain risky people (those subject to involuntary placement, Marchman Acts, risk assessment orders, etc) to sheriffs or other law enforcement within 6 hours.

Section 1. Paragraph (a) of subsection (2) of section 394.463, Florida Statutes, is amended to read:

394.463 Involuntary examination.— (2) INVOLUNTARY EXAMINATION.—

(a) An involuntary examination may be initiated by any one of the following means:

1. A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination and specifying the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on written or oral sworn testimony that includes specific facts that support the findings. If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer, or other designated agent of the court, must shall take the person into custody and deliver him or her to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. The order of the court must shall be made a part of the patient’s clinical record. A fee may not be charged for the filing of an order under this subsection. A facility accepting the patient based on this order must send a copy of the order to the department within 5 working days. Within 6 hours after the court issues an order, the clerk of the court shall electronically submit the order to the sheriff or a law enforcement agency in the county where the order is to be served may be submitted electronically through existing data systems, if available. The order is shall be valid only until the person is delivered to the facility or for the period specified in the order itself, whichever comes first. If a time limit is not specified in the order, the order is valid for 7 days after the date that the order was signed.

2. A law enforcement officer may take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for examination. A law enforcement officer transporting a person pursuant to this section shall restrain the person in the least restrictive manner available and appropriate under the circumstances. If transporting a minor and the parent or legal guardian of the minor is present, before departing, the law enforcement officer must shall provide the parent or legal guardian of the minor with the name, address, and contact information for the facility within the designated receiving system to which the law enforcement officer is transporting the minor, subject to any safety and welfare concerns for the minor. The officer shall execute a written report detailing the circumstances under which the person was taken into custody, which must be made a part of the patient’s clinical record. The report must include all emergency contact information for the person that is readily accessible to the law enforcement officer, including information available through electronic databases maintained by the Department of Law Enforcement or by the Department of Highway Safety and Motor Vehicles. Such emergency contact information may be used by a receiving facility only for the purpose of informing listed emergency contacts of a patient’s whereabouts pursuant to s. 119.0712(2)(d). Any facility accepting the patient based on this report must send a copy of the report to the department within 5 working days.

3. A physician, a physician assistant, a clinical psychologist, a psychiatric nurse, an advanced practice registered nurse registered under s. 464.0123, a mental health counselor, a marriage and family therapist, or a clinical social worker may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the observations upon which that conclusion is based. If other less restrictive means, such as voluntary appearance for outpatient evaluation, are not available, a law enforcement officer must shall take into custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. The law enforcement officer shall execute a written report detailing the circumstances under which the person was taken into custody and include all emergency contact information required under subparagraph 2. Such emergency contact information may be used by a receiving facility only for the purpose of informing listed emergency contacts of a patient’s whereabouts pursuant to s. 119.0712(2)(d). The report and certificate must shall be made a part of the patient’s clinical record. Any facility accepting the patient based on this certificate must send a copy of the certificate to the department within 5 working days. The document may be submitted electronically through existing data systems, if applicable.

When sending the order, report, or certificate to the department, a facility shall, at a minimum, provide information about which action was taken regarding the patient under paragraph (g), which information must shall also be made a part of the patient’s clinical record.

Section 2. Subsection (3) of section 397.68151, Florida Statutes, is amended to read:

397.68151 Duties of court upon filing of petition for involuntary services.

(3) A copy of the petition and notice of the hearing must be provided to the respondent; the respondent’s parent, guardian, or legal custodian, in the case of a minor; the respondent’s attorney, if known; the petitioner; the respondent’s spouse or guardian, if applicable; and such other persons as the court may direct. If the respondent is a minor, a copy of the petition and notice of the hearing must be personally delivered to the respondent. The clerk shall also issue a summons to the person whose admission is sought, and, unless a circuit court’s chief judge authorizes disinterested private process servers to serve parties under this chapter, within 6 hours after the summons being issued, the clerk of the court shall electronically submit the summons and, if applicable, a copy of the petition and notice of hearing to a law enforcement agency to must effect such service on the person whose admission is sought for the initial treatment hearing.

Section 3. Paragraph (a) of subsection (3) and subsection (5) of section 790.401, Florida Statutes, are amended to read:

790.401 Risk protection orders.—

(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—

(a) Upon receipt of a petition, the court must order a hearing to be held no later than 14 days after the date of the order and must issue a notice of hearing to the respondent for the same.

1. The clerk of the court shall electronically transmit within 6 hours after the court issues an order and notice of hearing cause a copy of the order, notice of hearing, and petition to be forwarded on or before the next business day to the appropriate law enforcement agency for service upon the respondent as provided in subsection (5).

2. The court may, as provided in subsection (4), issue a temporary ex parte risk protection order pending the hearing ordered under this subsection. Such temporary ex parte order must be served concurrently with the notice of hearing and petition as provided in subsection (5).

3. The court may conduct a hearing by telephone pursuant to a local court rule to reasonably accommodate a disability or exceptional circumstances. The court must receive assurances of the petitioner’s identity before conducting a telephonic hearing.

(5) SERVICE.—

(a) Within 6 hours after the court issues a temporary ex parte risk protection order or risk protection order, the clerk of the court shall electronically transmit furnish a copy of the notice of hearing, petition, and temporary ex parte risk protection order or risk protection order, as applicable, to the sheriff of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. An electronic When requested by the sheriff, the clerk of the court may transmit a facsimile copy of a temporary ex parte risk protection order or a risk protection order must be that has been certified by the clerk of the court, and the electronic this facsimile copy must may be served in the same manner as a certified copy. Upon receiving an electronic a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. The clerk of the court is shall be responsible for furnishing to the sheriff information on the respondent’s physical description and location. Notwithstanding any other provision of law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the jurisdiction to effect service. A law enforcement agency effecting service pursuant to this section shall use service and verification procedures consistent with those of the sheriff. Service under this section takes precedence over the service of other documents, unless the other documents are of a similar emergency nature.

(b) All orders issued, changed, continued, extended, or vacated after the original service of documents specified in paragraph (a) must be certified by the clerk of the court and delivered to the parties at the time of the entry of the order. The parties may acknowledge receipt of such order in writing on the face of the original order. If a party fails or refuses to acknowledge the receipt of a certified copy of an order, the clerk must shall note on the original order that service was effected. If delivery at the hearing is not possible, the clerk must shall mail certified copies of the order to the parties at the last known address of each party. Service by mail is complete upon mailing. When an order is served pursuant to this subsection, the clerk shall prepare a written certification to be placed in the court file specifying the time, date, and method of service and shall notify the sheriff.

The following laws will take effect on July 1, 2025.

§ 320.061 – Unlawful to alter motor vehicle registration certificates, license plates, temporary license plates, mobile home stickers, or validation stickers or to obscure license plates; penalty.—A person may not alter the original appearance of a vehicle registration certificate, license plate, temporary license plate, mobile home sticker, or validation sticker issued for and assigned to a motor vehicle or mobile home, whether by mutilation, alteration, defacement, or change of color or in any other manner. A person may not apply or attach a substance, reflective matter, illuminated device, spray, coating, covering, or other material onto or around any license plate which interferes with the legibility, angular visibility, or detectability of any feature or detail on the license plate or interferes with the ability to record any feature or detail on the license plate. A person who knowingly violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

HB 113

The bill amends s. 316.1935, F.S., to remove the requirement that a law enforcement vehicle prominently display agency insignia for the crime of fleeing or attempting to elude a law enforcement officer.

The bill amends § 921.0022  to increase the ranking for specified fleeing or attempting to elude offenses in the offense severity ranking chart (OSRC) of the Criminal Punishment Code.

The second degree felony offense of driving at a high speed with wanton disregard for safety while fleeing or attempting to elude a law enforcement officer who is in a patrol vehicle with siren and lights activated is increased from a level 4 to a level 5 in the OSRC.

The second degree felony of aggravated fleeing or eluding is increased from a level 5 to a level 6 in the OSRC.

The bill amends § 921.0024 to create a sentencing multiplier certain fleeing or attempting to elude offenses. If the primary offense is fleeing or attempting to elude a law enforcement officer or aggravated fleeing or eluding in violation of s. 316.1935, F.S., and in the offender’s prior record there is one or more violations of s. 316.1935, F.S., the subtotal sentence points are multiplied by 1.5.

HB 150 – Trooper’s Law – § 828.13

The bill, which names the act “Trooper’s Law,” creates a new crime when any person restrains a dog outside during a natural disaster and thereafter abandons the dog. This offense is a third degree felony, punishable by five years in prison, or a fine of not more than $10,000 dollars or both.

“Natural disaster” is defined as a situation in which a hurricane, tropical storm, or tornado warning has been issued for a municipality or a county by the National Weather Service, or in which a municipality or county is under a mandatory or voluntary evacuation order.

“Restraint” is defined as a chain, rope, tether, leash, cable, or other device that attaches an animal to a stationary object or trolley system.

HB 253

The bill makes various changes to motor vehicle-related offenses, including:

·     Increases the penalty if a person drives a vehicle with prohibited lights and stops or attempts to stop another vehicle from a first degree misdemeanor to a third degree felony.

·     Increases the penalty for knowingly altering or otherwise interfering with the legibility of a license plate from a noncriminal traffic infraction to a second degree misdemeanor.

·     Defines “license plate obscuring device” and prohibits a person from purchasing or possessing a license plate obscuring device, a violation of which is punishable as a second degree misdemeanor.

·     Prohibits a person from manufacturing, selling, offering for sale, or otherwise distributing a license plate obscuring device, a violation of which is punishable as a first degree misdemeanor.

·     Prohibits a person from using a license plate obscuring device to assist in committing a crime or escaping from or avoiding detection or arrest in connection with such crime, a violation of which is punishable as a third degree felony.

HB 687

The bill makes multiple changes to strengthen and enhance crimes related to driving and boating offenses and may be cited as “Trenton’s Law.”

The bill increases the penalty for the following convictions from a second degree felony to a first degree felony when a person who is convicted of:

·     DUI manslaughter, and has a previous conviction for DUI manslaughter, vehicular homicide, BUI manslaughter or vessel homicide.

·     BUI manslaughter, and has a previous conviction for DUI manslaughter, vehicular homicide, BUI manslaughter or vessel homicide.  

·     Vehicular homicide, and has a previous conviction for DUI manslaughter, vehicular homicide, BUI manslaughter or vessel homicide. 

·     Vessel homicide, and has a previous conviction for DUI manslaughter, vehicular homicide, BUI manslaughter or vessel homicide. 

The bill amends provisions relating to a refusal to submit to a breath or urine test after an arrest for DUI. A first refusal to submit to a lawful test of breath or urine subsequent to a DUI arrest is a second degree misdemeanor, and a second or subsequent refusal is a first degree misdemeanor.

HB 777

The bill prohibits certain age-related defenses from being raised in a prosecution for any offense related to kidnapping, false imprisonment, luring or enticing a child, interference with custody, removing minors from the state or concealing minors, contrary to state agency order or court order, human trafficking, or human smuggling, when the victim’s age is an element of the offense. Ignorance of the victims age, misrepresentation of a victim’s age by any person or a bona fide belief that a victim is over a specified age is also not a defense. However, the bill provides an exception for s. 787.30, F.S., relating to employment of persons in adult entertainment establishments.

The bill increases the age of a victim involved in luring or enticing offenses from 12 to 14 years of age.

The bill also increases the penalties for a person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 14 into or out of a structure, dwelling, or conveyance for an unlawful purpose, from:

·     A first degree misdemeanor to a third degree felony.

·     A third degree felony to a second degree felony for a second or subsequent offense.

·     A third degree felony to a second degree felony, if the offender has been previously convicted of a violation of ch. 794, F.S., relating to sexual battery, s. 800.04, F.S., relating to lewd or lascivious offenses committed on or in the presence of persons less than 16 years of age or s. 847.0135(5), F.S., relating to lewd or lascivious exhibition using a computer, or a violation of a similar law of another jurisdiction.

HB 1049

The bill amends the first degree misdemeanor crime relating to threats and harassment to add general magistrates, special magistrates, child support enforcement hearing officers, and administrative assistants, to the list of specified persons that a person may not knowingly and willfully:

·     Threaten with death or serious bodily harm; or

·     Harass with intent to intimidate or coerce the person to perform or refrain from performing his or her lawful duty.

The bill amends the crime of tampering with jurors to instead provide for tampering with or harassing a court official. A person who knowingly commits any of the following acts with the intent to cause or induce any court official to obstruct the administration of justice or affect the outcome of an official investigation or official proceeding commits the crime of tampering with a court official:

·     Uses intimidation or physical force;

·     Threatens any person or attempts to do so;

·     Engages in misleading conduct toward any person; or

·     Offers pecuniary benefit or gain to any person.

A person who commits the crime of tampering with a court official commits:

·     A third degree felony, if the offense level of the affected official investigation or official proceeding is indeterminable or involves the investigation or prosecution of a misdemeanor or noncriminal matter pending in county court.

·      A second degree felony, if the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony or a noncriminal matter pending in circuit court.

·     A first degree felony, if the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

·     A first degree felony, punishably by a term of years not exceeding life, if the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding life.

·     A life felony, if the official investigation or official proceeding affected involves the investigation or prosecution of a life or capital felony.

A person who intentionally harasses a court official and thereby hinders, delays, prevents, or dissuades, or attempts to hinder, delay, prevent, or dissuade a court official from performing any of the following acts commits the crime of harassing a court official:

·     Attending an official proceeding;

·     Rendering a fair verdict based solely upon the evidence produced at an official proceeding and the law; or

·     Following the rules of juror behavior and deliberation as set forth by the judge.

A person who commits the crime of harassing a court official commits:

·     A first degree misdemeanor if the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor or noncriminal matter pending in county court.

·     A third degree felony, if the offense level of the affected official investigation or official proceeding is indeterminable or involves the investigation or prosecution of a felony of the third degree or any noncriminal matter pending in circuit court.

·     A second degree felony, if the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

·     A first degree felony, if the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony.

·     A first degree felony punishable by a term of years not exceeding life, if the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony punishable by a term of years not exceeding life or a prosecution of a life or capital felony.

The bill creates the crime of retaliating against a court official. A person who, with the intent to retaliate against a court official for his or her participation in an official investigation or official proceeding, commits any of the following acts, commits a third degree felony:

·     Knowingly engages in any conduct that threatens to cause bodily injury to another person; or

·     Damages the tangible property of another person or threatens to do so.

If the crime results in bodily injury, the person commits a second degree felony.

 

HB 1804

The bill creates a new crime of Capital Human Trafficking of Vulnerable Persons for Sexual Exploitation. A person 18 years or older who knowingly initiates, organizes, plans, finances, directs, manages, or supervises a venture that has subjected a child less than 12 years of age, or a person who is mentally defective or mentally incapacitated, to sexual exploitation commits a capital felony. A person convicted of capital human trafficking must register as a sexual predator.

The bill requires a court to conduct a separate sentencing proceeding to determine whether a defendant convicted of capital human trafficking should be sentenced to death or life imprisonment. Specifically, the bill provides:

·     A jury must unanimously find at least two aggravating factors beyond a reasonable doubt for the defendant to be eligible for a sentence of death.

·     Aggravating factors and mitigating circumstances that are customized to the new crime for the jury’s consideration in arriving at a sentencing recommendation.

·     If at least eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation must be a sentence of death. If fewer than eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation must be a sentence of life imprisonment without the possibility of parole.

·     The court has the discretion to enter a death sentence or a sentence of life imprisonment without the possibility of parole if the jury recommends a sentence of death.

·     The prosecutor must present evidence of two or more aggravating factors before victim impact evidence may be introduced and argued by the prosecutor.

·     The court must enter a written sentencing order regardless of the sentence imposed that includes the reasons for not accepting the jury’s recommended sentence, if applicable.

·     The state may appeal if the circuit court fails to comply with the sentencing procedures for this new crime.

Additionally, a reference to the new crime is added to various statutes to provide that:

·     A defendant’s confession or admission, is admissible, under certain circumstances, during trial even if the state is unable to independently prove each element of the crime.

·     Parental consent is not required for a pelvic exam of a child who is a victim of capital human trafficking.

·     A defendant convicted of capital human trafficking must submit to HIV testing.

·     A person commits a life felony if he or she commits a kidnapping or false imprisonment on a person under the age of 13, and in the course of such crime commits capital human trafficking.

On September 4, 2025, the Florida Supreme Court amended Fla. R. Crim. P. 3.220 to change the procedures for deposing minors. Specifically, the rule was amended to conform with § 92.55, Fla. Stat. There are now strict limitations on deposing certain minors and vulnerable adults, as well as a requirement to seek leave of court before deposing a sexual offense victim less than 12 years old.

You can find a copy of the opinion here.

We will post the new rule when it is updated and published.

On July 1, 2025, material changes to Fla. R. Crim. P. 3.191 (Speedy Trial and Fla. R. 3.134 (Time for Filing) will go into effect. The Florida Supreme Court opinion establishing this rule change can be read here. Explanations as to the rule changes can be found below. You can find a PDF of the summary here.

Trigger Date – The trigger date for speedy trial is now the date of filing the charging document (Information, Indictment, UTC, etc). (a)

Speedy By Demand – You must now wait 60 days (instead of 50) from filing your demand to file a notice of expiration (b)

Recapture Extension – The recapture period is now permanently set to 30 days. It is up to 5 days to hold the calendar call, and then 30 days from the calendar call to have trial. Per section (c), speedy trial is satisfied when the large venire is sworn in for voir dire. (o)

Federal and Out-Of-State Inmates – Speedy trial rules do not apply to defendants who are in custody in federal jails or jails outside of Florida, but now regardless of whether they are formally charged by charging instrument. (e)

Discharge is Without Prejudice – Aside from a claim that a defendant’s constitutional speedy trial rights have been violated, any discharge received from a speedy trial violation is without prejudice for the State to refile. (n)

63rd Day Rule – Creates a “63rd Day Rule” for out-of-custody defendants, where if they remain unfiled on the 60th day, we can file to have them released from “all requirements of bail and all conditions of pretrial release” on the 63rd day. (b)(1)

Pretrial Release Conditions – Unlike the 33 Day Rule, 63rd Day Rule releases the defendant from the statutory Pretrial Release Conditions of § 903.047. (b)(2)

Good-Faith Extension – Like the 33 Day Rule, the State can get a “Good Faith” extension on the 63 Day Rule for 30 days, so it would not take effect until up to the 93rd day. (b)(1)(B)

Per Parks v. State, 50 Fla. L. Weekly S120a (Fla. 2025), issued June 12, 2025, the minimum “cost of prosecution” set forth in § 938.27(8), Fla. Stat. is mandatory and must be imposed even in absence of request from the state.

This resolved a circuit split, where the 2nd said the State must request in each case, Davis v. State, 286 So. 3d 898 (Fla. 2d DCA 2019), but the 5th said they could be imposed absent a request, Riddle v. State, 50 Fla. L. Weekly D1123a (Fla. 5th DCA 2025).

Per Saini v. State, 50 Fla. L. Weekly D1264a (Fla. 1st DCA 2026), on motion for rehearing, issued June 11, 2025, a waiver of jury trial where the colloquy is conducted by defense counsel is valid provided that it establishes that the defendant’s waived in knowing and intelligent.