A Direct Breakdown of the Harsh New Penalties That Could Put You in Jail If You're Not Careful
By Musca Law Fights to Keep Clients Out of Prison
At Musca Law, our attorneys represent clients across Florida who are often blindsided by changes in the law. What was a citation or misdemeanor last year may now carry prison time. That's exactly what's happening with a new slate of criminal laws taking effect October 1, 2025. If you've been arrested, or even investigated, under one of these new provisions, you need to know what's changed, how serious the charges can be, and why you shouldn't face it alone.
Let's take a look at the most impactful new Florida criminal laws, what penalties now apply, and how we, as private Florida criminal defense lawyers, help people avoid jail and protect their future.
Fleeing Law Enforcement: New Felony Tiers Could Mean More Time Behind Bars
Under House Bill 113, the consequences of running from police are more severe than ever. The state has bumped up the seriousness of these charges on Florida's offense severity ranking chart, which helps determine prison sentences.
Here's what changed:
- Fleeing from law enforcement with lights and sirens activated at high speed is now a Level 5 offense (up from Level 4).
- Aggravated fleeing after a crash causing injury or property damage is now Level 6 (up from Level 5).
The higher the level, the greater the sentencing minimums. Even a first-time offender could be looking at a felony sentence that once wasn't even on the table.
Vehicle Offenses: What Used to Be a Ticket Can Now Be a Criminal Conviction
House Bill 253 makes a number of driving-related offenses punishable by jail time. These aren't reckless driving or DUI charges and we're talking about what used to be infractions or overlooked conduct.
Examples include:
- Pretending to be law enforcement by using prohibited lights—now a third-degree felony
- Covering or altering your license plate or registration on purpose—now a second-degree misdemeanor
- Buying or possessing a device to block your plate from cameras—now prohibited
- Manufacturing or selling a license plate cover device—now a first-degree misdemeanor
- Using a plate-blocking device while avoiding police or committing another crime—now a third-degree felony
If you're accused of any of these, the state may treat your case like a major criminal offense. This is where a seasoned private defense attorney makes the difference between probation and prison.
Tampering with a Court-Ordered Ankle Monitor? Your Original Charge Could Dictate the Penalty
House Bill 437 changes how tampering with an electronic monitoring device (EMD) is punished. Previously, this was a standalone third-degree felony.
Now, the law ties your tampering charge to the underlying conviction. So, if you were wearing an ankle monitor for a first-degree felony, tampering is also now a first-degree felony, punishable by up to life in prison.
This is a massive shift. The law treats the attempt to remove or disable an EMD as seriously as the crime that led to it. If you're accused, you need an attorney who knows how to dissect the technology and argue lack of intent or malfunctions.
Hit-and-Run Property Damage: Courts Can Now Order Restitution Automatically
House Bill 479 adds a new restitution requirement for drivers who leave the scene after damaging property.
If you're convicted of hit-and-run involving property—such as a fence, vehicle, or storefront—the court now has express authority to order financial restitution to the property owner.
This may seem minor, but it has implications for probation terms and civil liability. It also adds another layer to fight in your case—one I can address through negotiation or structured payment alternatives.
Trenton's Law: Repeat Offenders in DUI and Boating Cases Face Felony Charges
House Bill 687, named "Trenton's Law," increases penalties for drivers or boaters with prior convictions for:
- DUI manslaughter
- BUI manslaughter
- Vehicular homicide
- Vessel homicide
Any subsequent offense—even if no death occurred—becomes a second-degree felony under the new law. You're now looking at up to 15 years in prison.
Additionally, if you refuse a breath or urine test after a DUI arrest and it's your first refusal, it's now a second-degree misdemeanor.
These new rules dramatically increase your exposure if you've had prior DUI or boating convictions. This is the type of situation where early and aggressive legal defense makes all the difference.
Death Penalty Cases: New Aggravating Factors Could Tip the Scales
House Bill 693 expands the list of aggravating factors that juries may consider in capital felony cases.
Now, if a crime is committed where victims were gathered for:
- A school function,
- A religious event,
- Or a public government meeting,
juries can weigh this in deciding whether to impose a death sentence or life without parole.
If your case involves a crowd or public setting, this change could impact sentencing—even if no prior case law applied it before.
Digital Crimes and Lewd Material: The Law Now Covers Deepfakes and Intent to Promote
House Bill 757 cracks down on digital sex crimes, including the use of artificial intelligence.
The new law creates or enhances the following offenses:
- Possessing lewd images with intent to promote is now a second-degree felony
- Knowingly soliciting child pornography is now a third-degree felony
- Creating or possessing deepfake pornography, including AI-generated content, is now a third-degree felony
Victims of deepfake pornography can now file a civil lawsuit against the person who generated or spread the content. These are serious digital age crimes, and prosecutors are aggressively charging them. A private defense attorney needs toact fast to secure digital evidence before it's gone.
Luring a Child: The Law Now Applies to Older Victims and Expands Scenarios
House Bill 777 expands the crime of child luring in several ways:
- The crime now applies when the victim is under 14 (previously under 12)
- The offense now includes luring a child out of a building, home, or vehicle
- The law removes common defenses, such as claiming ignorance of the child's age
If you're facing this charge, the state may treat you as a sexual predator—even if no physical contact occurred. The law is written to favor the prosecution. But there are defenses, and it takes immediate legal action to preserve them.
Threatening Court Officials Is Now a Felony with Three Specific Categories
House Bill 1049 targets behavior directed at judges, prosecutors, and other court personnel. It outlines three types of criminal conduct:
- Tampering: Using threats, bribery, or force to influence an outcome
- Harassment: Intentionally interfering with a court official's duties
- Retaliation: Threats or property damage in response to a court proceeding
Each carries felony penalties. If you're accused of trying to intimidate a court actor—even via text or social media—this law gives prosecutors more ammunition.
Drone Use: New Laws Target Surveillance, Weapons, and Critical Infrastructure
House Bill 1121 expands Florida's drone laws to cover:
- Flying drones over power plants, water facilities, and other critical infrastructure
- Operating drones equipped with firearms or weapons of mass destruction (real or fake)
- Using drones to spy on people or private property—especially if you share or distribute the footage
These changes make previously gray areas into clearly criminal conduct. I've defended clients in drone cases where interpretation matters. We push back using data records, GPS logs, and surveillance review.
Sex Offender Tracking and Reporting Requirements Just Got Stricter
House Bill 1351 adds new obligations for registered sexual predators and offenders:
- They must report their work address and work phone number
- Law enforcement must verify home addresses four times per year for sexual predators (once annually for other registrants)
Non-compliance can now trigger violation charges. These requirements are exacting, and even minor missteps can bring felony consequences. If you've been accused of failing to register properly, I know how to contest the technical allegations.
Sexual Cyberharassment: Higher Penalties and Longer Statutes of Limitations
House Bill 1451 takes what used to be a misdemeanor and makes it a third-degree felony if:
- The act is done for financial gain (e.g., blackmail, OnlyFans leaks, revenge content)
- The statute of limitations is now extended, and victims can sue for damages
These cases often move fast. If you're under investigation or someone accuses you of leaking intimate content, call a defense attorney immediately. The window to challenge digital evidence is small.
Mandatory Minimums for Sex Crimes: 10 to 20 Years Behind Bars with No Early Release
House Bill 1455 creates new mandatory minimums for sex-related crimes, including:
- Lewd conduct involving minors or elderly persons: 10 years minimum
- Possession with intent to promote child pornography: 15 years minimum
- Sexual performance of a child or human trafficking: 20 years minimum
Early release is blocked. The law doesn't allow for sentence reductions—other than a governor's pardon or medical exception. These are high-stakes cases where a private criminal defense attorney must step in before charges are filed.
Animal Cruelty: Chaining an Animal During a Natural Disaster Is Now a Felony
Senate Bill 150, called Trooper's Law, makes it a felony to leave an animal chained or restrained during a declared emergency (like a hurricane).
If the animal is harmed or placed in danger, the state now has the authority to pursue charges similar to aggravated animal cruelty. As a Florida criminal defense lawyer, I've defended animal-related charges before—and prosecutors often try to apply the harshest interpretation of the law.
Mental Health and Diversion: A New Option for Nonviolent Defendants
Senate Bill 168, the Tristin Murphy Act, allows people with diagnosed mental illness, intellectual disabilities, or autism to be considered for diversion programs rather than prison—if the charges qualify.
The law also funds crisis intervention training for police, aiming to reduce harmful encounters. If you're the loved one of someone arrested under these circumstances, I can help guide your case toward a treatment-centered outcome.
GPS Tracking During Crimes: New Second-Degree Felony
Senate Bill 1168 makes it a second-degree felony to place a tracking device on someone's car or belongings while committing a dangerous crime. If intent to stalk or track is present and the person doesn't consent, charges can quickly escalate.
Assaulting Utility Workers at Job Sites Is Now a Targeted Felony
Senate Bill 1386 creates heightened penalties for assaulting or battering utility workers while they're on job sites. Utility workers now have enhanced protection similar to first responders or public employees.
If you're accused of battery against a utility crew, expect the state to take an aggressive approach, especially if it involvedcritical infrastructure.
Capital Human Trafficking of Vulnerable Persons: A New Death Penalty Offense
Senate Bill 1804 creates a capital felony for human trafficking involving children under 12 or individuals with significant mental impairments. If convicted, the penalty can be life in prison or the death penalty.
The state will prosecute these cases with full force. You need immediate legal help if you're accused or under investigation for any human trafficking offense in Florida.
Call Musca Law Now for Help With Any of These New Criminal Charges
If you've been arrested, charged, or investigated under one of these new laws, time is not on your side. Many of these offenses now carry mandatory minimums or higher felony rankings that can permanently alter your life.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal, DUI, or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.