As 2026 begins, Florida residents are entering a year shaped by major criminal law changes that are already influencing how police make arrests, how prosecutors file charges, and how judges sentence defendants. While some of these laws technically took effect late in 2025, this year marks the first full period of aggressive enforcement across South Florida.
Too often, people do not realize a law has changed until they are facing handcuffs, court dates, or mandatory sentencing exposure. At BD Law, we believe informed decisions are often the strongest first line of defense. As a former prosecutor, Attorney Brandon Dinetz has seen how quickly new statutes are used to justify harsher charges, reduced discretion, and fewer second chances.
Here are four Florida criminal law changes that are actively shaping arrests, prosecutions, and defense strategies in 2026.
1. Tougher Enforcement of Fleeing and Eluding Laws
Florida continues to expand its aggressive stance on fleeing or attempting to elude law enforcement. Changes passed in 2025 are now being enforced statewide throughout 2026, with officers and prosecutors applying these statutes with far less discretion than in prior years.
Under current law, drivers are required to stop when an officer activates lights and sirens, regardless of whether the vehicle is fully marked or unmarked. Claims of confusion or uncertainty about the pursuing vehicle are far less likely to prevent charges.
Criminal Consequences to Expect
- Higher offense severity rankings
- Increased felony filings instead of misdemeanors
- Reduced opportunities for diversion or leniency
- Greater likelihood of mandatory prison exposure
What may feel like a moment of panic during a traffic stop can now escalate into a felony prosecution with lasting consequences.
Similar Post: What Penalties Will You Face Under Florida’s New HB 113 for Fleeing Police?
2. Criminalization of License Plate Flippers and Obscuring Devices
Florida’s crackdown on license plate manipulation devices officially took effect on October 1, 2025, but 2026 marks the first full year of targeted enforcement. Law enforcement agencies across South Florida are actively stopping vehicles for tinted plates, plate covers, and mechanical flippers.
What Drivers Need to Know
- Possession of a device designed to obscure a license plate can result in a second-degree misdemeanor charge.
- Use during another offense, including attempts to evade law enforcement, can elevate charges to a third-degree felony.
- Traffic stops for plate violations frequently lead to additional criminal investigations.
What was once treated as a minor equipment issue can now open the door to arrest and prosecution.
3. Increased Scrutiny of Healthcare and Insurance Conduct
Not all legal risk in 2026 arises from arrests or traffic stops. Certain healthcare providers and facilities are adjusting to new compliance obligations tied to patient refunds and insurance billing timelines under recently implemented Florida statutes.
Florida’s new patient refund requirement applies to licensed healthcare providers and facilities that receive overpayments directly from patients. When an overpayment is identified, the provider must issue a refund within the required timeframe. The law is designed as a consumer protection measure and is enforced primarily through administrative oversight, not criminal prosecution.
Why This Matters for Regulated Providers
- Noncompliance is handled through administrative and licensing channels
- Investigations typically begin as audits or regulatory reviews
- Criminal exposure generally arises only if separate fraudulent conduct is alleged
Healthcare providers and facilities in West Palm Beach, Boca Raton, and surrounding areas should understand that these changes emphasize compliance rather than punishment. Addressing issues early can prevent regulatory matters from escalating into broader legal problems.
4. Expanded Opportunities for Record Sealing in Florida
Florida is on track to broaden who can clear a criminal record when House Bill 745, prospective legislation that is not yet in effect (and may change before implementation), goes into effect on July 1, 2026. Historically, Florida law generally did not allow people who were adjudicated guilty (convicted) of a crime to seal their records through the court-ordered process, even for low-level offenses. That meant someone with a decades-old misdemeanor conviction could still face barriers in housing, employment, or licensing.
As proposed, HB 745 makes significant adjustments to these rules, creating new eligibility for certain misdemeanor convictions and updating how courts and the Florida Department of Law Enforcement (FDLE) handle sealing petitions.
Similar Post: What You Need to Know About Florida’s New Dangerous Excessive Speeding Law
New Eligibility for Certain Misdemeanor Convictions
Under the current draft of HB 745, individuals adjudicated guilty of specific nonviolent misdemeanors will be able to petition a court to have those criminal history records sealed. Eligibility depends on enumerated offenses in statute, not just a general nonviolent classification. Before this bill, only cases where adjudication was withheld (no conviction entered) could be sealed through the court-ordered process.
The bill, as proposed, defines which misdemeanor convictions may qualify and which remain excluded. For example, qualifying offenses generally must not be violent, domestic violence-related, or specific prohibited misdemeanor offenses listed in statute.
Filing a Petition and the Certificate Of Eligibility
Even with these expanded rules, relief is not automatic:
- Individuals must first apply to the Florida Department of Law Enforcement for a Certificate of Eligibility. This certificate is a prerequisite for record sealing that tells the court that a record meets threshold statutory eligibility criteria for sealing.
- After receiving the certificate, the individual must then file a petition in the court where the conviction occurred. The judge has ultimate discretion to grant or deny the petition.
Waiting Periods and Sentence Completion
Under the current version of the bill, HB 745 clarifies that a person must no longer be serving the sentence or under court supervision for the conviction they want to seal. It does not appear to eliminate existing waiting periods tied to eligibility. For convictions, that typically means remaining free of disqualifying convictions after the sentence ends before a petition can be filed.
This aligns with existing FDLE requirements that applicants must show they are no longer under sentence or supervision before FDLE can issue a Certificate of Eligibility.
One Record Per Lifetime Rule
Florida’s statutes still generally limit a person to one court-ordered sealing or expungement in a lifetime under the traditional process, although this rule is complex and exceptions exist. Any prior court-ordered sealing or expungement can disqualify someone from seeking another under these provisions.
As proposed, HB 745 allows courts in limited circumstances to seal multiple related adjudications of guilt from the same incident, but does not eliminate the overall lifetime limitation for unrelated convictions.
Offenses Still Ineligible
Certain crimes remain ineligible for sealing under HB 745 as proposed, meaning the record cannot be sealed even if all other criteria are met. These include offenses specifically excluded by statute, such as domestic violence misdemeanors and other enumerated categories.
Why Criminal Law Changes Demand Immediate Legal Guidance
Florida’s criminal justice system moves quickly, especially after legislative updates. Law enforcement agencies are often instructed to enforce new statutes aggressively to establish precedent.
At BD Law, Attorney Brandon Dinetz brings firsthand insight into how prosecutors evaluate new charges and where weaknesses exist in rapidly evolving laws. Whether the issue involves a DUI, a traffic-related felony, or a complex criminal investigation, early legal strategy can make a decisive difference.
Take the First Step Toward Protecting Your Future
If you are concerned about how recent Florida criminal law changes affect a pending case, an arrest, or a potential investigation, waiting can limit your options.
BD Law represents clients throughout Palm Beach, Broward, and Martin Counties. To discuss your situation in a confidential consultation, call the firm today at (561) 778-5213 or fill out our online contact form and take control of what happens next.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.