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Florida Criminal Law in 2025: Harsher Penalties Despite Falling Crime Rates

On October 1, 2025, nearly thirty new criminal laws take effect in Florida. These laws reflect a clear pattern: steadily increasing punishments, new mandatory minimums, and broader criminal liability. This comes even as the FBI reports that Florida’s violent and property crime rates continue to decline, falling faster than the national average in 2024. Included in this post is a summary of the newest criminal laws which are set to take effect. When looking at many of these crimes you may notice a pattern. The pattern is that many of these new laws address activities that are already crimes, but they now are designed to punish more harshly the activity described. When viewing them altogether, you may start to believe that there has been a rise in crime regarding any of the activities described in this list. But if you keep in mind trends of Florida crime rates over time, and actually try to find examples of these behaviors in real life – you will come up pretty short on actual incidents (much less find some clear social need).

For Floridians, the trend is unmistakable: the state is becoming statistically safer, but the criminal justice system is becoming far less forgiving.


Major New Criminal Laws Effective October 1, 2025

Driving, DUI, and Vehicle Offenses

  • HB 113 — Fleeing or Eluding: Raises minimum punishments and reclassifies the offense higher under Florida’s Offense Severity Ranking Chart. Repeat offenders face tougher felony exposure.
    • 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 s. 921.0022, F.S., 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 s 921.0024, F.S., 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 253 — Motor Vehicle Crimes: Makes using unauthorized lights or impersonating law enforcement a third-degree felony, and enhances penalties for tampering with license plates or registration devices.
    • Increasing 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.
    • Increasing the penalty from a noncriminal traffic infraction to a second degree misdemeanor if a person knowingly alters a vehicle registration certificate, license plate, or specified sticker, or knowingly covers or interferes with the legibility of a license plate.
    • Prohibiting a person from purchasing or possessing a “license plate obscuring device,” a violation of which is punishable as a second degree misdemeanor.
    • Prohibiting a person from manufacturing, selling, offering to sell, or otherwise distributing a “license plate obscuring device,” a violation of which is punishable as a first degree misdemeanor.
    • Prohibiting 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, punishable as a third degree felony
  • HB 479 — Leaving the Scene: Courts may now order restitution to property owners when defendants flee from property-damage crashes.
    • The bill authorizes a court to order a driver who is convicted for leaving the scene of a crash that resulted in damage to an attended vehicle or other property to make restitution to the vehicle or property owner for any damage caused by the driver’s vehicle, when such driver caused or otherwise contributed to the crash.
  • HB 687 — “Trenton’s Law”: Enhances penalties for DUI and BUI manslaughter, adds harsher consequences for vehicular/vessel homicide with prior convictions, and creates a new second-degree misdemeanor for refusing chemical tests after prior DUI arrests.

Sexual and Exploitation Crimes

  • HB 757 — Sexual Images: Criminalizes generating, possessing, or soliciting altered sexual depictions without consent (third-degree felony) and makes knowing solicitation of child pornography a felony.
  • HB 777 — Luring Children: Expands penalties for enticing children under 14 into or out of buildings, homes, or vehicles for illicit purposes.
  • HB 1451 — Sexual Cyberharassment: Elevates the offense from a misdemeanor to a third-degree felony when done for financial gain and extends the statute of limitations.
  • HB 1455 — Repeat Sexual Offenders: Imposes mandatory minimum sentences for repeat offenders, eliminating early release or gain-time options.
  • SB 1804 — Capital Human Trafficking: Creates a new capital felony for trafficking children under 12 or incapacitated adults for sexual exploitation, punishable by life or death. Convicted offenders must register as sexual predators.

Technology and Monitoring

  • HB 437 — Electronic Monitoring Devices: Penalties for tampering now scale based on the underlying conviction, rather than defaulting to a third-degree felony.
  • HB 1121 — Drone Misuse: Prohibits drones carrying weapons, mass destruction devices, or used for unlawful surveillance. Creates enhanced penalties for distribution of surveillance footage.
  • SB 1168 — Tracking Devices: Increases penalties for placing unauthorized tracking devices or apps on another person’s property.

Expanded Protections and Aggravating Factors

  • SB 150 — “Trooper’s Law”: Makes it a felony to abandon a restrained animal during natural disasters.
  • HB 693 — Capital Felonies: Expands aggravating factors for the death penalty, allowing juries to consider whether crimes occurred at schools, churches, or government meetings.
  • SB 1386 — Assault or Battery on Utility Workers: Reclassifies offenses to higher degrees when committed against utility workers engaged in critical infrastructure.
  • HB 1049 — Court Officials: Criminalizes threats, harassment, or retaliation against judges, prosecutors, and other court personnel.

A Rare Exception: Mental Health Diversion

Among these punitive measures, one law takes a different path.

  • SB 168 — The “Tristin Murphy Act”: Expands mental health diversion programs, requires probation for those who have been restored to competency, and funds veteran treatment courts and emergency responder training.

This statute reflects a rehabilitative approach, but it is an outlier in a legislative session dominated by tougher penalties. And for this bill, it does not reflect a clear decriminalization of acts, just a model framework (frequently discretionary) for diverting a small proportion of very mentally ill inmates towards mental programs. Remember, a small proportion of defendants have been determined to be incompetent to proceed, and even fewer are eligible for diversion via mental health courts or programs.


Falling Crime, Rising Punishment

The FBI’s 2024 crime data shows Florida’s crime rates are moving in the opposite direction of its laws:

  • Violent Crime: 267 offenses per 100,000 people — 25.6% lower than the U.S. average.
  • Property Crime: 1,420 offenses per 100,000 people — 19.3% lower than the U.S. average.
  • Between 2023 and 2024, violent crime fell 8.7% and property crime fell 6% in Florida.

Yet, despite these decreases, the legislature continues to expand criminal liability and escalate punishments — particularly in the areas of sexual crimes, DUI, and technology-based offenses. Is this because of an actual increase in sex crimes and de minimus punishments of convicted felons? No. Because according to Florida studies, Florida prisoners who score in the discretionary range of punishment (22-44) still have a significant likelihood of serving time in prison. (Examination of Florida’s Prison Population Trends)


Conclusion: What This Means for Defendants

Florida’s legislative direction is clear: more conduct is criminalized, penalties are steeper, and opportunities for leniency are shrinking. Even as violent and property crime rates drop, the laws governing criminal justice are becoming broader and harsher.

For anyone accused under these new statutes, the stakes are higher than ever. Skilled representation from an experienced Board-Certified Criminal Trial Lawyer is critical to protect your rights and navigate Florida’s increasingly unforgiving system

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