Treasure Coast Criminal Defense

Florida Statute Library

Straight, plain-English explanations of the Florida criminal statutes that matter most — what each law actually says, the real penalties, and what a defense attorney looks for. Every page reviewed by a former prosecutor.

These pages explain Florida law in plain English for general information. They are reviewed by a licensed Florida attorney but are not legal advice, and statutes change. For your specific situation, talk to an attorney.

DUI

Fla. Stat. § 316.193

Florida DUI First Offense

A realistic scenario, the exact statute that governs it, and the penalties that actually apply — explained by…

Fla. Stat. § 316.193(2)

Second DUI in Florida

The single biggest factor in a second DUI is timing — whether it falls inside the five-year window. Here is…

Fla. Stat. § 316.193(2)(b)

Third DUI in Florida

A third DUI is where Florida law crosses a line — from misdemeanor to felony, from county jail to state…

Fla. Stat. § 316.193(3)

DUI with Property Damage or Injury in Florida

The moment a DUI involves someone else’s property or body, the charge changes character. Here is how the…

Fla. Stat. § 316.193(3)(c)3

DUI Manslaughter in Florida

The most serious DUI charge in Florida. Here is exactly what the statute requires the State to prove, the…

Fla. Stat. § 316.1932

Refusing a Breath Test in Florida

Many people think refusing the test is the safe move. Florida’s implied consent law is built to make that…

Drug Offenses

Fla. Stat. § 893.13(6)

Possession of a Controlled Substance in Florida

Most drug possession in Florida is a felony — and you don’t have to be holding the drugs to be charged. Here…

Fla. Stat. § 893.13(6)(b)

Marijuana Possession in Florida

Recreational marijuana is still illegal in Florida. The line between misdemeanor and felony is 20 grams — but…

Fla. Stat. § 893.13(1)

Possession With Intent to Sell in Florida

The difference between simple possession and "intent to sell" is often circumstantial — scales, baggies,…

Fla. Stat. § 893.135

Drug Trafficking in Florida

The word "trafficking" is misleading — in Florida it turns on weight, not sales. Cross a threshold and you…

Fla. Stat. § 893.147

Drug Paraphernalia in Florida

Everyday objects can become "paraphernalia" depending on context and intent. Here is how the statute defines…

Fla. Stat. § 893.135(1)(c)

Fentanyl Trafficking in Florida

Florida treats fentanyl as uniquely dangerous — trafficking begins at just four grams, one of the lowest…

Fla. Stat. § 782.04

Drug-Induced Homicide in Florida

When a drug sale ends in a fatal overdose, Florida can charge the person who supplied it with homicide — and…

Fla. Stat. § 893.135(1)(f)

Methamphetamine Trafficking in Florida

Methamphetamine trafficking begins at 14 grams in Florida — and, like all trafficking here, it turns on…

Fla. Stat. § 893.13(7)

Prescription Drug Fraud in Florida

Forged prescriptions, altered scripts, and "doctor shopping" are all felonies in Florida — and the state’s…

Fla. Stat. § 893.13(1)(c)

Selling Drugs Near a School in Florida

Where a drug sale happens can matter as much as what was sold. Within 1,000 feet of a school, park, or other…

Violent Offenses

Fla. Stat. § 784.011

Simple Assault in Florida

In Florida, assault does not require touching anyone — it is a threat that creates a well-founded fear. Here…

Fla. Stat. § 784.03

Battery in Florida

Battery in Florida requires no injury — an unwanted touch is enough. And a second battery conviction becomes…

Fla. Stat. § 784.021

Aggravated Assault in Florida

Add a weapon to an assault, and a misdemeanor becomes a felony. Here is what elevates the charge, the…

Fla. Stat. § 784.045

Aggravated Battery in Florida

When a battery causes serious harm or involves a weapon, it becomes a second-degree felony with up to 15…

Fla. Stat. § 741.28

Domestic Violence Battery in Florida

A domestic battery is charged under the same statute as any battery — but it triggers consequences an…

Fla. Stat. § 784.07

Battery on a Law Enforcement Officer in Florida

When the person battered is an on-duty officer, Florida law bumps the charge up a level and adds a mandatory…

Fla. Stat. § 812.13

Robbery in Florida

Robbery is theft plus force or fear — and that difference turns a property crime into one of Florida’s most…

Fla. Stat. § 782.04

Murder in Florida

Florida sorts murder into degrees that carry vastly different consequences — up to the death penalty. Here is…

Fla. Stat. § 782.07

Manslaughter in Florida

Manslaughter is an unlawful killing that isn’t murder — no premeditation, no depraved mind. Here is how…

Fla. Stat. § 782.071

Vehicular Homicide in Florida

You can be charged with vehicular homicide without any alcohol involved — reckless driving that causes death…

Fla. Stat. § 787.01

Kidnapping and False Imprisonment in Florida

The line between kidnapping and false imprisonment is intent — and it makes the difference between a life…

Fla. Stat. § 827.03

Child Abuse in Florida

Florida’s child abuse statute is broad, covering intentional acts and threats of injury. The charges are…

Fla. Stat. § 784.048

Stalking and Cyberstalking in Florida

Repeated unwanted contact — in person or online — can be a crime in Florida. Here is where harassment becomes…

Sex Offenses

Fla. Stat. § 794.011

Sexual Battery in Florida

Sexual battery is among the most serious charges in Florida law, with penalties reaching life. These cases…

Fla. Stat. § 800.04

Lewd or Lascivious Offenses in Florida

These charges involve alleged conduct with a minor under 16 and carry life-altering penalties. Here is how…

Fla. Stat. § 943.0435

Failure to Register as a Sex Offender in Florida

For registrants, Florida’s reporting rules are strict and technical — a missed deadline or an unreported…

Theft & Property

Fla. Stat. § 812.014

Petit Theft in Florida

Petit theft is the misdemeanor tier of Florida theft — property under $750. But a prior record can turn even…

Fla. Stat. § 812.014(2)

Grand Theft in Florida

Grand theft begins at $750 in Florida and climbs through three felony tiers. Some property is grand theft no…

Fla. Stat. § 810.02

Burglary in Florida

Burglary in Florida isn’t about breaking a window — it’s about entering with criminal intent. The degree, and…

Fla. Stat. § 812.019

Dealing in Stolen Property in Florida

Selling or trafficking stolen goods is often charged more harshly than the theft itself — a second-degree…

Fla. Stat. § 812.133

Carjacking in Florida

Carjacking is robbery of a vehicle — and it carries the same severe, up-to-life exposure. Here is what…

Fla. Stat. § 817.034

Fraud and Schemes to Defraud in Florida

Florida’s fraud statute grades the crime by how much was obtained — and a systematic scheme can reach…

Fla. Stat. § 832.05

Worthless Checks in Florida

A bounced check can be a crime in Florida — but only with knowledge of insufficient funds. Here is where the…

Fla. Stat. § 806.13

Criminal Mischief and Vandalism in Florida

Vandalism is charged as "criminal mischief" in Florida, and the damage amount decides everything — including…

Fla. Stat. § 810.08

Trespass in Florida

Trespass is usually a misdemeanor — but being armed, or refusing to leave when warned, changes the picture.…

Weapons

Fla. Stat. § 790.23

Felon in Possession of a Firearm in Florida

For someone with a felony record, simply being near a firearm can be a new felony with a mandatory minimum.…

Fla. Stat. § 790.10

Improper Exhibition of a Firearm in Florida

You can carry lawfully and still be charged if you show a weapon the wrong way. Here is where "improper…

Fla. Stat. § 790.01

Carrying a Concealed Firearm in Florida

Since July 2023, Florida allows eligible adults to carry concealed without a permit — but "permitless"…

Fla. Stat. § 790.053

Open Carry in Florida

Florida’s open-carry ban is in an unusual state: struck down by a court and not being enforced, yet still on…

Fla. Stat. § 775.087

Florida’s 10-20-Life Law

Florida’s 10-20-Life law removes a judge’s discretion when a gun is used in certain felonies, imposing…

Fla. Stat. § 790.22

Possession of a Firearm by a Minor in Florida

Florida restricts when anyone under 18 can possess a firearm — and the consequences reach both the minor and…

Traffic Crimes

Fla. Stat. § 322.34

Driving While License Suspended in Florida

The whole case often turns on one word: "knowing." Here is how Florida treats driving on a suspended license…

Fla. Stat. § 316.027

Leaving the Scene of an Accident in Florida

What people call "hit and run" is failure to stop and remain. The penalties escalate dramatically with the…

Fla. Stat. § 316.192

Reckless Driving in Florida

Reckless driving is a criminal charge, not just a ticket — and it can become a felony if someone is hurt.…

Fla. Stat. § 316.1935

Fleeing or Eluding Police in Florida

Unlike resisting on foot, fleeing in a vehicle is always a felony in Florida — and it climbs fast when speed…

Fla. Stat. § 327.35

Boating Under the Influence (BUI) in Florida

On the Treasure Coast, a day on the water can end in a criminal charge. BUI closely mirrors DUI — same 0.08…

Public Order

Fla. Stat. § 877.03

Disorderly Conduct in Florida

Disorderly conduct is one of Florida’s broadest charges — and that breadth cuts both ways. Here is what it…

Fla. Stat. § 796.07

Solicitation and Prostitution in Florida

These charges escalate quickly with repeat offenses and carry consequences beyond the sentence — mandatory…

Court Procedure

Fla. R. Crim. P. 3.160

What Happens at a Florida Arraignment

Your first court date sets the tone for everything that follows. Here is what an arraignment actually is,…

Fla. R. Crim. P. 3.131

How Bail and Bond Work in Florida

Getting out of jail quickly can shape the entire case. Here is how Florida sets bail, what the options are,…

Fla. R. Crim. P. 3.191

Speedy Trial Rights in Florida

The State does not have forever to bring you to trial. Here is how Florida’s speedy trial clock works — and…

Fla. Stat. § 943.0585

Sealing and Expunging a Criminal Record in Florida

A dismissed or withheld charge can still show up on background checks — unless you clear it. Here is who can…

Fla. Stat. § 948.06

Violation of Probation in Florida

A probation violation is not a new trial — the rules tilt toward the State. No bond by right, a lower burden,…

Fla. Stat. § 843.02

Resisting Arrest in Florida

One word — "violence" — separates a misdemeanor from a felony here. And a key requirement is often…

Personal Injury

Fla. Stat. § 95.11

Florida’s Personal Injury Statute of Limitations

Florida cut the deadline to file most injury lawsuits in half — from four years to two. Miss it, and your…

Fla. Stat. § 768.81

Florida’s Comparative Negligence Rule

How much fault you share can now cost you everything. Florida’s 2023 reform means a plaintiff found mostly at…

Fla. Stat. § 768.0755

Florida Slip-and-Fall Law

Falling in a store isn’t enough to win a case in Florida — you have to prove the business knew, or should…

Fla. Stat. § 627.736

Florida PIP and No-Fault Insurance

Florida’s no-fault system means your own insurance pays first — but only $10,000, only if you act within 14…

Fla. Stat. § 627.727

Uninsured and Underinsured Motorist Coverage in Florida Explained

Florida doesn’t even require at-fault drivers to carry injury coverage — which is why UM coverage may be the…

Fla. Stat. § 624.155

Bad-Faith Insurance Claims in Florida After HB 837

When an insurer treats you unfairly, Florida law provides a remedy — but the 2023 reform made bad-faith…

Fla. Stat. § 768.72

Punitive Damages in Florida

Punitive damages punish especially bad conduct — but Florida sets a high bar and a cap. Here is when they…

Fla. Stat. § 768.28

Suing a Government Entity in Florida

When a city, county, or state agency injures you, special rules apply — damage caps, a strict notice…

Fla. Stat. § 767.04

Florida Dog Bite Law

Florida has no "one free bite" rule. An owner can be liable for a first-ever bite, with no history of…

Fla. Stat. § 768.19

Florida Wrongful Death Act

When negligence takes a life, Florida’s Wrongful Death Act lets certain survivors recover. Here is who can…

Dangerous Instrumentality Doctrine

Florida’s Dangerous Instrumentality Doctrine

Lend your car, and you may share liability for a crash you had nothing to do with. Florida’s dangerous…

Fla. Stat. § 766.106

Florida Medical Malpractice

Medical malpractice cases face hurdles no other injury claim does — a mandatory pre-suit investigation, an…

Fla. Stat. § 768.0706

Negligent Security Claims in Florida After HB 837

When a business’s failure to provide basic security lets a foreseeable attack happen, it can be liable — but…

Respondeat Superior

Vicarious Liability in Florida

When an on-the-job employee causes harm, the employer often answers for it. Here is how vicarious liability…

Florida Damages Law

Damages in a Florida Injury Case

What is an injury claim actually worth? Florida recognizes several categories of damages — and a 2023 change…

Family Law

Fla. Stat. § 61.052

Florida Divorce Law

Florida doesn’t ask whose fault the divorce is — only whether the marriage can be saved. Here is what…

Fla. Stat. § 61.075

Equitable Distribution in Florida

Florida doesn’t split everything 50/50 — it divides marital property "equitably," starting from equal but…

Fla. Stat. § 61.08

Florida Alimony After the 2023 Reform

Florida’s 2023 reform rewrote alimony — ending permanent alimony and putting hard caps on duration and…

Fla. Stat. § 61.13

Florida Time-Sharing Law

Florida law now starts from 50/50. Since 2023, courts presume equal time-sharing is best for the child — and…

Fla. Stat. § 61.30

Florida Child Support

Florida child support isn’t guesswork — it runs on a statutory formula. Here is what drives the number, and…

Fla. Stat. § 61.13001

Relocating With a Child in Florida

You can’t just move away with your child if the other parent has time-sharing rights. Florida’s relocation…

Fla. Stat. § 61.13

Modifying Custody or Support in Florida

A divorce judgment isn’t always final. When life changes substantially, Florida lets you ask the court to…

Fla. Stat. § 742.10

Establishing Paternity in Florida

When parents aren’t married, the father has no automatic legal rights in Florida until paternity is…

Fla. Stat. § 741.30

Florida Domestic Violence Injunctions

A domestic violence injunction — what many call a restraining order — is a powerful court tool with serious…

Fla. Stat. § 61.079

Prenuptial Agreements in Florida

A prenup can protect assets and reduce conflict — but only if it’s done right. Florida’s version of the…

Fla. Stat. § 61.17

Enforcing Family Court Orders in Florida

A court order only helps if it’s followed. When an ex refuses to pay support or violates the parenting plan,…

Fla. Stat. § 68.07

Legal Name Change in Florida

Whether after a divorce, for a child, or for personal reasons, a legal name change in Florida follows a…

Fla. Stat. § 752.011

Grandparent Visitation Rights in Florida

Florida gives grandparents far fewer visitation rights than many expect — because parents’ constitutional…

Fla. Stat. Ch. 744

Guardianship in Florida

When a loved one can’t make decisions for themselves — a child, or an adult who’s become incapacitated —…

Fla. Stat. Ch. 63

Stepparent Adoption in Florida

Stepparent adoption can give a child the legal parent they already have in their heart — but it means ending…