New Florida Laws Effective October 1, 2025: What They Mean for Criminal Defense & Traffic Cases

As of October 1, 2025, several Florida laws have taken effect that directly impact criminal charges and traffic cases—especially fleeing or eluding, motor vehicle “plate/light” crimes, leaving the scene, DUI/vehicular homicide enhancements (including “Trenton’s Law”), and tampering with electronic monitoring.

Below, I explain what changed, why it matters, and how a defense attorney may approach these issues—using plain language, Florida-specific references, and practical examples.

1) Leaving the Scene of a Crash with Property Damage (HB 479)

Key statute: § 316.027 (for injury/serious bodily injury/fatality) and property-damage contexts; HB 479 specifically authorizes restitution in property-damage-only cases.

What changed. For property-damage-only leaving-the-scene cases, courts are now authorized to order restitution for specified losses tied to the crash and the driver’s failure to remain and exchange information. This change formalizes what many courts informally encouraged, and it raises the financial stakes for defendants—even on a misdemeanor-level hit-and-run.

Why it matters for defendants.
Restitution can become a condition of probation and a point of leverage in plea talks. The amount, scope (e.g., diminished value, rental car), and proof of causation can be contested.

Defense considerations.

• Causation & documentation. The State must tie the claimed loss to the offense conduct. Demand estimates, invoices, and expert substantiation where appropriate.
• Insurance offsets. Restitution may be reduced by insurance payments depending on the facts—track all payouts carefully.
• Negotiated outcomes. Early, verified restitution (where feasible) sometimes helps secure withholds, reduced counts, or alternative sanctions.

2) Motor Vehicle “Plate/Light” Crimes & Registration Alterations (HB 253)

Key statutes implicated include: § 320.061 (altering/obscuring license plates), § 316.2397 (prohibited lights), and related provisions

What changed. HB 253—sometimes called the “Motor Crimes” bill—elevates certain license-plate and registration offenses and targets devices or methods that obscure plate legibility (think tinted covers, sprays, mechanical flippers), as well as unlawful vehicle lighting and altered registration materials. The goal is to deter “ghost” vehicles that evade tolls, cameras, or law enforcement. Penalties are increased and in some scenarios criminalized (where previously some conduct was a civil infraction).

Why it matters for defendants.
What used to feel like “just a fix-it ticket” may now carry real criminal exposure—including arrest, probation, and a permanent record. Under HB 253, knowingly obscuring or altering a plate becomes a second-degree misdemeanor, and manufacturing or selling obscuring devices is separately criminalized. Because plate and lighting violations will now often justify a valid traffic stop, the State could use them as a gateway to further investigation (DUI, vehicle search, or additional charges) if other probable cause arises.

3) Fleeing or Attempting to Elude a Law Enforcement Officer (HB 113)

Key statutes impacted: § 316.1935, related Criminal Punishment Code severity ranking

What changed. HB 113 revises how certain fleeing or eluding offenses are treated in Florida. The law reclassifies offense severity for sentencing purposes, creates a sentencing multiplier for specified fleeing offenses, and also revises law-enforcement vehicle marking requirements (in short: in certain scenarios, patrol vehicles need not display an agency insignia for the offense to qualify). All of this translates to stiffer penalties and broader circumstances in which a fleeing charge may be prosecuted as a serious felony. Effective date: October 1, 2025.

4) “Trenton’s Law” – DUI, BUI, Vehicular/Vessel Homicide Enhancements & Test Refusal (HB 687)

Key statutes: § 316.193 (DUI), vehicular/vessel homicide provisions, implied consent

What changed. HB 687—widely called “Trenton’s Law”—enhances penalties for DUI/BUI manslaughter and vehicular/vessel homicide, particularly where the defendant has prior qualifying convictions. Critically, it also creates a criminal penalty for a first refusal to submit to a lawful breath or urine test (previously, first refusals were addressed civilly via license suspension; refusal was criminalized only when a person had a prior refusal). The law further requires officers to advise that refusing subsequent to a lawful DUI arrest is a misdemeanor (with grading that can vary by circumstance), and updates offense severity rankings in the Criminal Punishment Code.

5) Tampering with Electronic Monitoring (HB 437)

Key statute: § 843.23

What changed. HB 437 addresses tampering with electronic monitoring devices used for pretrial release, probation, or post-conviction supervision. For clients on ankle monitors, interference can produce new felony charges and complicate bond or probation status. While not a “traffic” offense, it frequently intersects with criminal cases we handle when a client is released with conditions tied to DUI, vehicular offenses, or domestic cases.

Defense considerations.

• Device reliability and maintenance. Signal loss and battery issues are common. Discovery should include device error logs, service records, and location data audits.
• Notice and intent. The State must prove knowing tampering. Situations involving work constraints, medical appointments, or device malfunctions can be differentiated from willful acts.

FAQs (Florida-Specific)

Q1: Do these new laws apply to cases that happened before October 1, 2025?
Generally, no. Florida criminal statutes are not applied retroactively to increase punishment for conduct that occurred before the effective date. Each case’s timeline matters—date of offense controls. Always consult counsel about retroactivity and any unique transitional provisions.

Q2: What if my charge is “leaving the scene” with only property damage—can the court order restitution now?
Yes. HB 479 expressly authorizes restitution for specified property damage in property-damage-only leaving-the-scene cases. The amount, proof, and causation can be litigated.

Q3: Is a first refusal to take a breath or urine test now a crime in Florida?
Under HB 687, a first refusal after a lawful DUI arrest can be criminally charged. Officers must advise that refusal is a misdemeanor; defective or missing advisories may be a defense issue.

Q4: Can I still challenge a fleeing charge if the police vehicle wasn’t marked?
Possibly, but HB 113 narrows the marking requirement in specified fleeing scenarios and raises offense severity. The State still must prove all elements, and video/dispatch evidence often determines outcomes.