Why the Change Was Needed

Under section 320.061, it is a second-degree misdemeanor to knowingly alter a license plate, or to put any material on or around a plate that interferes with its legibility, visibility, or detectability. The law also covers anything that interferes with the ability to record the plate, such as by toll or traffic cameras. The statute was broad enough that drivers with ordinary dealer frames or decorative borders worried about being stopped or charged.

What Florida’s New License Plate Frame Law Says

A license plate frame or decorative border is not an offense under section 320.061, as long as it does not obscure:

• the license plate number, or
• the registration decal or validation sticker in the upper right corner of the plate.

What Is Still Illegal

• Tinted, smoked, or reflective plate covers.
• Sprays, coatings, or anything else that makes the plate harder to read or record.
• Illuminated devices on or around the plate.
• Any frame that blocks the plate number or the registration sticker.

What This Means for Drivers

A frame that leaves the plate number and sticker fully visible is legal. A frame that cuts off part of a number or hides the sticker is not, and it can still lead to a criminal charge. The statute applies only to knowing violations, so the facts of each stop matter. This change appears to favor drivers and should help reduce bogus stops from happening concerning license plate issues.

If you’ve been stopped, cited, or charged over a license plate frame or cover, contact the Law Office of Michael P. Maddux, P.A. at (813) 253-3363.

What the New Law Does

FLHSMV must give notice of an order canceling, suspending, revoking, or disqualifying a driver license. Until now, the department could only do that by personal delivery or by first-class mail to the driver’s last known address. Under Florida’s new email notice law, it may also send the order by email, if the driver has authorized email notification.

When Notice Is Complete

Notice by email is complete 20 days after the email is sent, the same as notice by mail. For suspensions under Chapter 324, financial responsibility, and certain PIP insurance provisions, notice is complete 15 days after the email is sent.

Not Seeing the Email Is Not a Defense to the Suspension

Under the law, sending notice by one of these methods counts as notice. A driver’s failure to receive the order does not stop or delay the suspension. If the email lands in a spam folder or goes to an old account, the suspension still takes effect. FLHSMV’s record that the notice was sent is admissible in court and is sufficient proof that notice was given.

Why It Matters

Driving while your license is suspended is a crime under section 322.34 only if you knew about the suspension. Prosecutors can prove that knowledge in several ways, and courts may consider other evidence as well. A record showing that FLHSMV emailed you a suspension notice could serve as that evidence.

Protect Yourself

• Keep the email address on file with FLHSMV current.
• Check your inbox and spam folder for messages from FLHSMV.
• Read any notice right away. The order must state the suspension period, so you’ll know how long it lasts.
• If you’re unsure about your license status, check with FLHSMV before driving.
• Avoid suspensions in the first place by keeping your insurance paid up and paying your tickets. It can feel like a money game, but the consequences of not staying on top of it can cost you your freedom, and that is nothing to play games with.

If you have received a suspension notice or have been charged with driving on a suspended license, contact the Law Office of Michael P. Maddux, P.A. at 813-253-3363.

The new law doesn’t require a call to the police for every minor crash, but if you’ve been in a crash, a police report can make a real difference in protecting your rights.

Why You Should Still Call the Police

Injuries aren’t always obvious at the scene. Neck, back, and soft-tissue injuries, and even concussions, often don’t show symptoms until hours or days later. A crash that looked like “property damage only” at the roadside may turn out to be an injury crash. Without a report made at the time, connecting your injuries to the collision can become harder.

Damage estimates are often wrong. The $2,000 threshold depends on apparent damage, which is a guess made at the scene. Modern bumpers, sensors, and cameras are expensive to repair, and a minor-looking dent can easily cost more than $2,000.

A report preserves evidence. A police report records the date, time, location, the drivers and witnesses, and sometimes the officer’s observations about how the crash happened. That record matters when the other driver’s account changes later.

Fault matters more than ever. Under Florida’s modified comparative negligence law, an injured person found more than 50% at fault for a crash generally can’t recover damages from the other driver. Clear, early documentation of what happened can be critical.

Your Duties After a Crash Haven’t Changed

Florida law still requires drivers involved in a crash to stop, remain at the scene, exchange names, addresses, and vehicle registration information, and help anyone who is injured. Leaving the scene of a crash with property damage is a criminal offense.

Protect Yourself After Any Crash

• Call the police if anyone may be hurt or if you’re unsure about the damage.
• Take photos of the vehicles, the scene, and any visible injuries.
• Get the other driver’s name, contact information, and insurance details.
• Seek medical care promptly. Under Florida law, you generally must receive initial treatment from a qualified medical provider within 14 days of the crash to use your PIP benefits.
• Talk to an attorney before giving a recorded statement to an insurance company.

If you’ve been injured in a crash, contact the Law Office of Michael P. Maddux, P.A. at 813-253-3363 to discuss your case.

Under 49 CFR § 1540.109, it’s illegal to interfere with, assault, threaten, or intimidate TSA screening personnel while they’re doing their job. This applies at the checkpoint, during a pat-down, or at baggage screening.

More Than a Warning

This isn’t just a warning and a wave-through. TSA can pursue civil penalties ranging from $2,570 up to $17,062 per violation, and penalties climb toward the top of that range if the interference involves an assault. Depending on what was said or done, criminal charges can follow too, including disorderly conduct, assault, or even federal charges for bomb-related “jokes” or threats.

A stressed comment about what’s in your bag. A shove past a screening line. Losing your temper with an agent. Any of these can escalate into a TSA checkpoint interference charge fast, and TSA does not have a sense of humor about security.

A Recent Case We Handled

We recently obtained the dismissal of a federal battery charge against a TSA official after a year and a half of pre-trial release conditions. We used that time to help satisfy the government, along with contributing mental health factors.

How Long Does This Process Take?

We’re often asked how long the criminal justice system process will take, and it’s quite speculative. When a case calls for extensive investigation, or when we need to collect mitigation over a lengthy period to show client stability, those strategies can help turn down the pain of criminal charges. They also take time.

Charged with TSA checkpoint interference, or facing a related citation or arrest? We’re here to help. Contact the Law Office of Michael P. Maddux, P.A. to discuss your case.

By the time a client gets to that day, one question matters more than almost any other: what does a fair resolution actually look like to you? For some clients, the answer is straightforward. They suffered an injury, lost wages, and now carry medical bills and a record that follows them. They need compensation. For others, the answer is more complicated. They want the money, but they also want to know that the agency will not do this to the next person.

That tension between compensation and change comes up in nearly every police misconduct mediation we handle. Here is how we think about it, and how we help clients think about it.

Why Money Is the Language of Civil Rights Cases

It can feel uncomfortable to put a dollar figure on a violation of your rights. But money is the primary remedy the civil justice system offers, and it is not a small thing. A monetary settlement pays for real losses. This includes medical treatment, counseling, and lost income. It also covers legal fees for a criminal case that never should have been filed, along with the time and reputation a wrongful arrest takes from someone.

Money also carries a message. Law enforcement agencies and the governments that fund them answer to budgets, insurers, and risk managers. A significant payout stands out in ways a complaint letter does not. When a city or sheriff’s office pays to resolve a claim, that number lands in front of the people who decide what the agency’s policies, supervision, and training look like. Compensation and accountability are not always opposites in this sense. A meaningful settlement can be its own push toward change.

In Florida, the law shapes the numbers. State-law claims against government agencies fall under the sovereign immunity waiver in section 768.28, Florida Statutes. This waiver caps what an agency can pay on a state-law judgment. Federal civil rights claims under 42 U.S.C. § 1983 escape those caps. They come, though, with their own hurdles. These include qualified immunity for individual officers and the heightened proof required to hold an agency itself liable. Every one of those realities factors into how we value a case before we walk into mediation.

When a Client Wants More Than a Check

Many of our clients tell us some version of the same thing: “I don’t want this to happen to anyone else.” This instinct is admirable. Mediation is one of the few places where a client can put it into writing. A negotiated settlement, unlike a jury verdict that can only award damages, can include terms a court would never order in an individual case.

Non-monetary terms we see raised in police misconduct mediation include:

• Additional training for the officers involved or for the agency more broadly, on topics such as de-escalation, identification procedures, probable cause, or interacting with people in crisis
• Policy review or revision, such as changes to how the agency handles eyewitness or technology-based identifications, body camera activation, or supervisory review of arrests
• Record corrections, including help with sealing or expunging an arrest record, or written confirmation that prosecutors dropped the charges for lack of evidence
• Acknowledgment or apology, whether a formal letter or an in-person statement at mediation

For the right client, one of these terms can mean more than any additional dollar amount. A client an officer humiliated may care deeply about hearing the agency acknowledge that the encounter should have gone differently. A client an agency wrongly arrested because of a flawed identification method may want the agency to look at that method so it does not happen again.

How We Approach It at the Law Office of Michael P. Maddux, P.A.

Before any mediation, we sit down with our clients and talk through what resolution means to them. We ask what they need financially, what they need emotionally, and what, if anything, they want the agency to do differently. Those answers shape our strategy for the day.

If a client’s priority is compensation, we build the strongest possible case for the value of their claim and negotiate hard for it. If a client wants policy change or training as part of the outcome, we raise it early and press for specific and enforceable language. We also make sure the client understands any trade-off before agreeing to it. Either way, the decision belongs to the client. Our job is to give them an honest picture of the options and to fight for the result they choose.

There is no single right answer to the question of money versus change. For some people, a fair payment is the accountability. For others, knowing that the agency will treat the next person differently is what finally lets them move forward. Often, the best outcome includes both.

If you believe a law enforcement officer violated your civil rights in Florida, contact the Law Office of Michael P. Maddux, P.A. to discuss your options. Time limits and pre-suit notice requirements apply to these claims, so act promptly.

Who Qualifies

An administrative expungement is available when an arrest was made contrary to law or by mistake. Common examples include:

• Mistaken identity: officers arrested the wrong person because of a shared name, a bad photo match, or faulty identification.
• Clerical or warrant errors: someone was arrested on a warrant that had already been recalled or never applied to them.
• No legal basis: the arrest had no lawful grounds at all.

This process is not for someone whose charges were simply dropped or who was found not guilty. Instead, those cases usually go through the standard court-ordered expungement or sealing process.

How It Works

The key difference from a traditional expungement is that you don’t have to petition a judge. Instead, the request goes directly to the Florida Department of Law Enforcement (FDLE). The application must include documentation from the head of the arresting agency, such as the police chief or sheriff, or from the state attorney, confirming that the arrest was unlawful or mistaken. In some cases, the agency itself will start the process once it realizes the error.

Once FDLE approves the request, it expunges the arrest record from the criminal history system.

Why It Matters

An administrative expungement in Florida has several advantages over the traditional route. For instance, there’s no court filing and no hearing, and generally no filing fee. In addition, it doesn’t use up your one-time eligibility for a court-ordered expungement or sealing in Florida.

Even a mistaken arrest can show up on background checks and affect jobs, housing, and professional licenses. Ultimately, an arrest record you did nothing to earn shouldn’t follow you for the rest of your life.

The Hard Part: Getting the Agency to Sign Off

The biggest hurdle is that the arresting agency or prosecutor has to admit the arrest was a mistake. Agencies don’t always cooperate willingly. However, an attorney can gather the evidence, press the agency for the needed affidavit, and evaluate whether the wrongful arrest also gives you a civil rights claim for damages.

Talk to Us

If you were arrested by mistake or without legal justification, the Law Office of Michael P. Maddux, P.A. can help you clear your record and hold the responsible agency accountable. Contact our Tampa office today for a consultation.

Those powers are spelled out in CBP Directive No. 3340-049B, “Border Search of Electronic Devices.” It took effect January 1, 2026, and replaces the 2018 version, Directive 3340-049A. Anyone who travels internationally, including U.S. citizens returning home to Tampa International Airport, should know what it says.

Below, we walk through what the directive allows, what limits it puts on officers, and what you can do to protect yourself.

Where This Applies (and Where It Doesn’t)

The directive covers border searches: inbound and outbound travel at the physical border, its “functional equivalent,” and the “extended border” (Section 2.3). For most people, that means the customs area when you land on an international flight, or the gate before you depart for another country. Outbound travelers are covered too. Leaving the country does not take you out of CBP’s reach.

This is not TSA screening. A TSA officer at the security checkpoint for a domestic flight from Tampa to Chicago is not conducting a border search under this directive.

The directive defines “electronic device” broadly (Section 3.2). It includes phones, computers, tablets, flash drives, SIM cards, cameras, smart watches, GPS units, drones, and even vehicle infotainment systems.

Two Kinds of Searches: Basic and Advanced

The directive splits device searches into two categories, and the rules differ sharply.

Two details matter here. First, a basic search can still be thorough. An officer reading your texts and emails for an hour is doing a “basic” search. Second, using outside equipment just to unlock a phone, bypass a password, get past encryption, or translate content does not count as an advanced search (Section 3.4).

The directive does set some limits. Officers may only search what is stored on the device itself, not data kept solely in the cloud (Section 5.1.2). They are supposed to ask you to put the device in airplane mode, or disable connectivity themselves. They may not rely on “search incident to arrest” as a legal basis to search an arrestee’s device (Section 2.4).

Passcodes, Detention, and Seizure

The directive says travelers “are obligated to present electronic devices and the information contained therein in a condition that allows inspection” (Section 5.3.1). Officers may ask you to unlock your phone or give them your passcode. CBP is supposed to write passcodes down only temporarily, avoid entering them into CBP systems, and destroy them when the search ends (Section 5.3.2).

If you refuse, the directive does not say you will be arrested for declining. It says CBP may detain the device instead (Sections 5.3.3 and 5.4.1). A U.S. citizen cannot be denied entry to the country, but you may leave the airport without your phone. For visa holders and other non-citizens, refusing can affect admissibility, so the stakes are higher.

Once you leave the airport, holding your device requires supervisory approval. Detention “ordinarily should not exceed five (5) calendar days,” but managers can extend it. Past 15 days, they can renew it in seven-day increments with no hard cap (Section 5.4.1.1).

If CBP keeps your device, the officer must give you a completed Form 6051D, a custody receipt that tracks every transfer, including to Homeland Security Investigations (Section 5.4.1.2). Keep it.

If officers find what they believe is probable cause of contraband or evidence of a crime CBP enforces, they can seize the device outright (Section 5.7.1). At that point you are likely looking at a criminal investigation, and you should talk to a lawyer before saying anything further.

What CBP Can Keep and Who It Can Share With

CBP can hold copies of your data for up to 21 calendar days after a search ends while it decides whether to keep them (Sections 3.7 and 5.6.4). It can keep them longer if it finds probable cause of a crime, if the data relates to immigration, customs, or other enforcement matters, or if lawyers decide it must be preserved for litigation (Sections 5.6.1 to 5.6.3). Notably, the second category does not require probable cause.

CBP can share retained information with federal, state, local, tribal, territorial, and foreign law enforcement agencies (Section 5.8.1). In plain terms, something found on your phone at the airport can end up in the hands of a local sheriff’s office or a foreign government.

What You Can Do

• Travel light. The simplest protection is not carrying data you don’t need. Consider a travel phone or laptop, or log out of apps and remove sensitive files before you fly.
• Stay calm and polite. Arguing with a CBP officer rarely helps and can escalate the encounter. You can decline to answer questions or give a passcode, but understand the device may be held.
• Ask why. Before a search, CBP is supposed to tell you the purpose and authority for it and how to seek redress, often with a printed tear sheet (Section 5.1.7). Ask for it.
• Ask to be present. CBP directs that searches “should be conducted in the presence of the individual,” though officers may exclude you for operational reasons (Section 5.1.6).
• Assert privilege clearly. If you are a lawyer, or you have privileged communications with one, say so and identify the material.
• Write it all down. Note the officers’ names and badge numbers, the time, what was searched, and whether equipment was connected. Keep your Form 6051D.
• Don’t lie. Making false statements to a federal officer is a crime. Silence is safer than a false answer.
• Call a lawyer if your device is held past a few days, seized, or if officers question you about criminal activity.

Talk to a Tampa Civil Rights and Criminal Defense Attorney

If CBP searched, held, or seized your phone or laptop, or if evidence from a border search is being used against you, the Law Office of Michael P. Maddux, P.A. can help. We handle both criminal defense and civil rights cases in state and federal court, and we can review whether officers followed the law and their own policy. Contact our office to schedule a consultation.

At the Law Office of Michael P. Maddux, P.A., we prepare for mediation by looking at four things together: our client’s state of mind, the strength of the legal case, the real risks each side faces if the case doesn’t settle, and our relationship with opposing counsel. None of these alone tells the whole story.

Client Anxiety Is Part of the Case

For our clients, mediation is often the first time they’ve sat across from the people they’re in a dispute with since the case began. In civil rights cases especially, that can mean facing the agency or officers involved in a wrongful arrest or use of force. It’s stressful, and we take it seriously.

We don’t treat a client’s nerves as a distraction, since anxiety affects decisions. A client who is exhausted and overwhelmed at hour seven may be tempted to accept an offer just to make the day end, while one who feels unheard may reject a fair offer out of frustration. Neither outcome serves them.

For this reason, we prepare clients well in advance. This includes explaining how the day will go: the opening session, the long stretches of waiting in a separate room, the back-and-forth through the mediator. We talk through what a realistic range looks like before anyone makes an offer, and we make sure clients know that the decision to settle is always theirs. Our job is to give them the information and counsel they need to make that decision with a clear head.

It also helps to remember that in Florida, mediation discussions are generally confidential. This protection lets clients speak openly. Both sides can explore options without worrying that every word will be used against them later.

The Legal Analysis Behind the Numbers

A settlement figure should come from a clear understanding of the case, not a guess. Before mediation, we take a hard look at the claims, the defenses, the evidence, and other similar cases and their settlement values.

In civil rights litigation, that often means analyzing defenses like qualified immunity, which can shield individual officers from liability even when something went wrong. For claims against government agencies in Florida, we consider sovereign immunity and the statutory limits on what can be recovered from the government without further legislative action. Personal injury matters call for a different focus: liability, comparative fault, medical evidence, and future damages.

This analysis cuts both ways. We identify the strengths we can press, and we stay candid with our clients about the weaknesses. An honest assessment protects clients from walking away from a good offer based on unrealistic expectations. It also gives us solid ground to stand on when we push back against a low one.

Weighing the Risk on Both Sides

Every case that goes to trial carries risk, since juries are unpredictable, courts can exclude evidence, and witnesses can forget, move away, or testify differently than expected. Appeals can add years. Even a strong case can be lost, and even a win can take a long time to collect.

The other side faces risk too. A government agency may worry about the public attention a trial brings, or about a verdict that exposes policy problems. An insurer may want to avoid the cost of litigation and the chance of a large verdict. Understanding what the other side is afraid of is just as important as understanding our own exposure.

Good mediation advocacy puts all of that on the table. We help clients weigh a certain result today against an uncertain result later, while factoring in costs, time, and emotional toll. Sometimes the right answer is to settle. Sometimes it’s to walk away and prepare for trial. Either way, we make sure clients make the decision with eyes open. A third path can emerge after mediation ends, when the parties have had a little more time to digest the offer and settle in the aftermath.

The Relationship With Opposing Counsel

Mediation isn’t a fight in front of a judge. There’s no jury to impress and no ruling to win. The goal is to reach an agreement with the people on the other side, and that’s much easier when the lawyers can talk to each other honestly.

Being professional with opposing counsel doesn’t mean going soft. We advocate hard for our clients. A lawyer who has built credibility over time gets taken seriously when it counts. This means not bluffing about evidence, returning calls, and following through on what they say. When we tell the other side that a piece of evidence will hurt them at trial, they need to believe us. Lawyers earn trust like this long before mediation day.

Knowing opposing counsel also helps us read the room. Some attorneys need time to get authority from an insurance carrier or a government risk manager. Others open low because that’s their style, not because they’ve written the case off. Understanding how the other side works helps us tell the difference between a real impasse and a normal part of the process.

Putting It All Together

No single factor decides a mediation. A strong legal case can still fail to settle if communication with the other side breaks down. Similarly, a good offer can be rejected if a client is too anxious or frustrated to evaluate it. A tough negotiator, meanwhile, can get results only if the numbers are backed by honest analysis and a clear view of risk.

At our firm, we look at the whole picture. We prepare our clients, respect the process, know the law, and measure the risks carefully so that when our clients leave mediation, whether with a settlement or a plan for trial, they know they made the best decision available to them.

If you have a civil rights, personal injury, or other civil matter heading toward mediation, contact the Law Office of Michael P. Maddux, P.A. to discuss how we can help.

How Courts Evaluate a Speedy Trial Violation

There is no fixed deadline under the constitutional right. Instead, courts apply the four-part test from Barker v. Wingo. This test looks at how long the delay has been, why it happened, whether the defendant asserted the right, and whether the delay caused prejudice. Courts generally treat delays approaching a year as long enough to trigger this analysis. When the government is to blame for an unreasonable delay, courts can dismiss the charges as a remedy.

Florida’s Speedy Trial Rule

Florida also has a separate procedural speedy trial rule, Rule 3.191, with specific time limits. This rule generally requires trial within 175 days for felonies and 90 days for misdemeanors.

These rights are not automatic, though. You must raise them at the right time and in the right way. If your case has stalled, talk with an experienced criminal defense attorney who can evaluate whether your right to a speedy trial has been violated. Contact our office to discuss your situation.

How Courts Evaluate Excessive Force

Courts evaluate whether the force used was “objectively reasonable” based on the facts known to the officer at the moment of the encounter. This analysis considers factors such as the severity of the alleged crime, whether you posed an immediate threat, and whether you were actively resisting. Injuries ranging from bruising and broken bones to more serious or fatal harm can form the basis of a claim.

Why These Cases Can Be Complex

These cases can be complex. Officers may raise a defense of “qualified immunity.” This defense can shield them unless your rights were “clearly established” at the time. Evidence such as body camera footage, witness statements, medical records, and police reports plays a critical role in these cases.

If you believe you or a loved one has been subjected to excessive force by law enforcement, document everything promptly. Consult with an attorney experienced in civil rights litigation as soon as possible. Contact our office to discuss your situation.

Why a No Contact Order Applies Even if the Victim Reaches Out

A no contact order remains in effect even if the alleged victim wants to reconcile or reach out first. Prosecutors can still charge the defendant with violating the order simply for responding to that contact.

Consequences of Violating a No Contact Order

Florida courts treat violations of a no contact order seriously. At minimum, a violation can lead to immediate revocation of bond, and the court can take the defendant back into custody to await trial. Beyond that, a violation can result in new, separate criminal charges. Prosecutors can also use it as evidence against the defendant in the underlying case. Judges show little tolerance for violations, even ones that seem minor or unintentional.

At the Law Office of Michael P. Maddux, P.A., we regularly advise clients on the precise terms of their no contact order and help them understand exactly what conduct is prohibited. A single misstep can jeopardize both their freedom and their case. If you have questions about a no contact order, a possible violation, or need representation in a Florida criminal matter, contact our office today to discuss your situation with an experienced criminal defense attorney.

How This Affects a Teen Driver’s License

• Already licensed? Courts revoke it, or withhold issuance, for 6 months.
• Already suspended? Courts extend that suspension by 6 months.
• Too young to be licensed yet? Courts push eligibility back 6 months past the date the minor would otherwise qualify.

This penalty is mandatory. It stacks on top of whatever else the court orders for the underlying charge, and a teen driver’s license faces this consequence regardless of any other punishment. The one exception: if the court finds a “compelling circumstance,” it can order a business-purposes-only (hardship) license instead, as long as the minor otherwise qualifies.

The takeaway: a drug charge can cost a teen their driver’s license, whether or not a car had anything to do with it. If your child’s teen driver’s license is at risk over a drug charge, contact our office to discuss the options.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

The Tim Burke case has taken another turn. Federal prosecutors announced they will pursue a new indictment against the Tampa media consultant, seeking charges that avoid the free speech problems that sank half of the original case.

A New Indictment on the Way

Assistant U.S. Attorney Jay Trezevant told the court the government will ask a grand jury for revised charges designed to cure the defects in the original indictment. The move comes just days after prosecutors dropped their appeal of a ruling by U.S. District Judge Kathryn Kimball Mizelle, who dismissed seven of the fourteen original charges against Burke on First Amendment grounds.

At a hearing this week, Mizelle gave prosecutors 30 days to secure the new indictment and set Burke’s trial date for December 7.

The Defense Pushes Back

Burke’s attorney, Michael Maddux, objected to the government pursuing a new indictment at all. The defense maintains Burke is a journalist who accessed and published video footage using publicly available credentials, not stolen ones.

Maddux told the judge that depending on what the new indictment alleges, the defense anticipates filing new legal challenges. This could mean further pretrial litigation and a possible delay of the trial. Even so, Maddux said Burke is ready to take the case in front of a jury.

“Tim’s been under the weight of this indictment for way too long,” Maddux said. “And journalism has been held hostage way too long.”

The Legal Distinction at the Center of the Tim Burke Case

Judge Mizelle’s earlier ruling turned on a key legal distinction. The video streams Burke accessed did not meet the legal definition of a “wire communication” under the federal Wiretap Act, but may qualify as an “electronic communication” instead. This distinction matters because prosecuting an interception of electronic communications requires the government to prove additional elements, including that Burke was not a party to the communication and that the footage was not transmitted through a system readily accessible to the public.

Prosecutors will need to build any new indictment around that framework.

What’s Next

The trial remains scheduled for December and could run as long as two weeks, though both the judge and prosecutors acknowledged further pretrial motions could push that date back again.

Facing Federal Charges? Talk to a Tampa Attorney

Cases involving journalism, digital privacy, and free speech raise complicated legal questions that can take years to resolve. If you are under investigation or facing federal charges related to how you gathered or published information, the Law Office of Michael P. Maddux, P.A. can help you understand your rights and options.

Source: Tampa Bay Times

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Federal prosecutors have abandoned their effort to appeal a ruling that dismissed half the criminal charges against Tampa media consultant Tim Burke. This decision comes nearly a year after a federal judge first threw out those charges, and it marks a significant moment in a closely watched case involving press freedom and the internet.

Background on the Case

Burke, a well known communications consultant who has worked with clients including HBO and ESPN, was indicted in 2024 on 14 charges related to his access and publication of unaired network television footage found online. Among the videos was unaired Fox News footage of an interview Tucker Carlson conducted with the rapper Ye, formerly known as Kanye West, in which Ye made antisemitic remarks that never aired publicly. Burke later sold the footage to Vice News.

Prosecutors alleged Burke used compromised login credentials to access video streams through LiveU, a service used by broadcasters. Burke’s defense has consistently maintained that he accessed the material through a publicly available website and that his conduct amounted to journalism protected by the First Amendment.

The Dismissal and Appeal

U.S. District Judge Kathryn Kimball Mizelle threw out seven of the charges last year, all brought under the federal Wiretap Act. She found the statute unconstitutional as applied to Burke’s conduct. Prosecutors initially signaled they would appeal that ruling to the Eleventh Circuit Court of Appeals. This week, however, Assistant U.S. Attorney David P. Rhodes filed a brief notice with the court stating the government would no longer pursue that appeal.

What Happens Next

The case now returns to the district court in Tampa, where Burke still faces the remaining charges, including conspiracy and unauthorized access to a protected computer, most of which are misdemeanors. Prosecutors could proceed to trial on those charges or seek a new indictment designed to address the First Amendment problems identified by the court.

Burke’s attorney, Michael Maddux of the Law Office of Michael P. Maddux, P.A., says the defense will continue to press the First Amendment issues at the heart of the case.

“We continue to assert he has legitimate defenses and legitimate First Amendment rights that he was exercising in the sphere of the internet,” Maddux said. If you are facing federal charges involving First Amendment issues, our office can help.

Source: Tampa Bay Times

If you’ve ever been pulled over and cited for driving without a valid license, you know it can feel like a minor inconvenience compared to a DUI or reckless driving charge. As of July 1, 2026, this is no longer true. Under HB 35, now codified as Chapter 2026-53, Laws of Florida, a conviction for driving with no valid driver license can now count toward habitual traffic offender status, a designation that costs you your license for five years.

What Is Habitual Traffic Offender Status in Florida?

Florida’s HTO law is a separate and much harsher penalty scheme layered on top of ordinary traffic convictions. The Department of Highway Safety and Motor Vehicles (DHSMV) designates a driver as a Habitual Traffic Offender under a specific test. Their driving record must show a specified number of qualifying convictions within a five-year window. Historically this meant three convictions for the most serious offenses, like DUI, driving on a suspended or revoked license, or leaving the scene of a crash with injury, or a broader combination of lesser offenses within that same period.

Once DHSMV flags a driver as an HTO, the consequences are severe:

• A five-year revocation of driving privileges, regardless of what any individual court ordered on the underlying tickets
• Drivers face very limited eligibility for a hardship or business-purposes license, and only after a waiting period
• New criminal exposure: Florida charges driving during an HTO revocation as a third-degree felony, not a misdemeanor

The designation is administrative, not something a single sentencing judge controls. DHSMV tallies convictions and issues the revocation once the threshold is met.

What Changed Under HB 35 / Chapter 2026-53

Before this law took effect, a conviction for driving without a valid license generally did not count as a qualifying offense for HTO purposes. Courts treated it as a lower-level infraction, separate from the more serious violations that build toward habitual offender status.

Effective July 1, 2026, this changed. Chapter 2026-53 amends the qualifying-offense list. Convictions for driving with no valid driver license now count toward the HTO threshold, alongside offenses like DUI, driving while license suspended or revoked with knowledge, and reckless driving.

The practical effect is significant. Drivers who accumulate multiple no-valid-DL citations can now face serious consequences. Often these are people simply unable to reinstate a license because of outstanding fines, unresolved paperwork, or a lapsed renewal. They can now find themselves facing a five-year revocation and felony exposure the next time they get behind the wheel, even without ever having been convicted of DUI or reckless driving.

Arrested or Cited for No Valid Driver License? Talk to Us Before It Becomes an HTO Problem

If you’ve been arrested or cited for driving without a valid license, don’t assume it’s a minor matter you can handle on your own. It can now push you toward Habitual Traffic Offender status. The attorneys at the Law Office of Michael P. Maddux, P.A. handle criminal defense matters throughout the Tampa Bay area, including license-related charges. We can help you understand your record, your options, and how to avoid a five-year revocation before it happens.

Contact our office today to discuss your case.

It’s a question we hear more often than you’d expect. If a lawyer holds a Florida law license and is in good standing, why can’t they just handle a case in another state, or across state lines, if they’re willing to do the work?

A Law License Is a State-Specific Grant of Authority

The short answer is that a law license isn’t a general credential like a college degree.It’s a grant of authority from a specific state’s supreme court. It’s tied to that state’s rules, and it doesn’t travel on its own.

Each state runs its own bar admission process. Each state’s supreme court holds the sole authority to decide who may practice law within its borders. Passing the Florida Bar means the Florida Supreme Court has vetted and authorized a lawyer.

How This Applies to Our Practice

The attorneys at the Law Office of Michael P. Maddux, P.A. hold a Florida law license through the Florida Supreme Court, which is why we center our practice on Florida state and federal courts. It’s also why we’re upfront when a client’s matter crosses state lines. We bring in local counsel or handle the case through proper admission, rather than stepping outside the bounds of our license.

Open Container Laws Aren’t the Same Everywhere

Many people assume that if drinking is allowed at a tailgate, it’s fine to walk around with a beer in hand on the way to the stadium or back to the car. That’s not always true. Cities and counties set their own open container ordinances. University towns often have designated zones, or specific time windows, where cities allow open containers. Everywhere else, they’re not.

The rules at one campus can look completely different from the rules a few miles away. They can even differ from one side of the stadium parking lot to the other. Walking off school property, crossing into a different jurisdiction, or simply losing track of time before a designated “dry” period kicks in can turn an innocent walk to your car into a citation, or an arrest.

Before you tailgate at a game this season, take a few minutes to look up the specific open container laws for that city. It’s a small step that can save you a lot of trouble.

Before you tailgate at a game this season, take a few minutes to look up the specific open container ordinance for that city. It’s a small step that can save you a lot of trouble.

Underage Drinking Carries Real Consequences

Game day energy has a way of making bad decisions feel like harmless fun, but campus police and local law enforcement take underage drinking charges seriously, both by campus police and by local law enforcement working game-day patrols. These charges can affect more than just your weekend. They can show up on a background check, affect scholarships or student conduct proceedings, and follow you well past the final whistle.

Law enforcement typically maintains a heavy presence on and around game day, and officers are actively watching for open containers, underage possession, and public intoxication. It’s not worth the risk.

If You’re Arrested, Don’t Try to Handle It Alone

If you or someone you know is arrested at or after a game, the first call should be to an attorney. This applies whether it’s for an open container violation, underage drinking, or anything else, the first call should be to an attorney. Don’t try to talk your way out of it or handle it on your own. What you say and do in the hours after an arrest can have a real impact on the outcome of your case.

At the Law Office of Michael P. Maddux, P.A., we represent clients throughout Florida in criminal defense matters, including alcohol-related charges tied to college football weekends. If you find yourself facing a charge this season, contact our office before you speak with law enforcement further.

Enjoy the games, just know the rules before you go.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Why Passing on the Children’s Side Is Treated More Seriously

Florida treats passing on the side where kids get on and off even more seriously than just failing to stop. That’s the side where a child could actually be crossing in front of your car.

How Camera Enforcement Works

Many Florida school buses now have cameras mounted specifically to catch these violations. . School districts are allowed to use them to issue citations even without an officer present. The bus has to have clear signage warning drivers that it’s camera-enforced. There’s also a mandatory 30-day warning period before any district can start actually fining people when a new camera program launches.

What It Costs If a Camera Catches You

• Just failing to stop: $200. That’s the same fine whether an officer catches you or a camera does.
• Passing on the children’s side: $400 if an officer catches you, but $200 if it’s a camera. The penalty is actually lower for camera enforcement on this one.
• An extra surcharge gets tacked on either way, normally $65, but only $25 if it’s camera-enforced.
• Do it again within 5 years, and you’re looking at a license suspension. That’s 6 months to a year for a simple stop violation, or up to 2 years for passing on the children’s side.
• Points on your license: 4 points normally, or 6 if someone’s seriously hurt or killed. But if a camera alone catches you, the camera adds no points at all.

The Bottom Line

When those lights start flashing and the stop sign swings out, Florida’s school bus stop-arm law requires you to stop, whether or not an officer is anywhere in sight.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

So, what happens when the case is finally over, and the outcome went in your favor?

The Temptation

There’s a natural pull, after a hard-fought legal victory, to want the other side to know it. Maybe you finally got acknowledgment that you were treated unfairly. Maybe you secured something you’d been fighting for over months of frustration. After feeling unheard or wronged for so long, that vindication can feel earned, even necessary.

But there’s a difference between vindication and vindictiveness. If you can find that space, it will serve you far better than the alternative.

Why Showing Grace After a Legal Win Matters Most in a Contentious Case

The more contentious the case, the more grace matters once it’s over. If the process involved hard accusations, financial disputes, or a bitter back-and-forth, both sides likely feel like they’ve been through a war. That’s exactly when how you carry yourself afterward matters most. Not because the conflict wasn’t real, but because of what comes next.

Many disputes don’t fully end the relationship between the parties. You may still share family, a community, a workplace, or simply a history with the person or party on the other side. Even when you don’t, how you handle a win shapes how you move forward, whether you carry resentment with you or genuinely put the matter behind you.

What Grace Looks Like in Practice

Showing grace after a favorable outcome doesn’t mean pretending the dispute wasn’t difficult, or giving up ground you fought hard to secure. It means:

• Accepting the outcome without rubbing it in. You don’t need to remind the other side, your family, or your community how the case turned out. The result speaks for itself.
• Keeping communication measured and respectful, even if you don’t feel the other party has earned it. People notice, and it reflects well on you.
• Resisting the urge to relitigate the dispute in every conversation. The case is over. Continuing to bring up who was “right” keeps you anchored to the worst chapter instead of the next one.
• Recognizing that the other side is still a whole person, one who is also trying to move forward, even if you don’t owe them sympathy.

The Practical Case for Grace

There’s a strategic reason for this too, beyond simply being the better person. If disputes with the same party arise again down the road, a track record of good faith and cooperation carries real weight. In situations where you’ll continue crossing paths with the other side, through family, work, or community, a track record of graceful conduct tends to prevent old conflicts from reigniting.

Grace isn’t weakness, and it isn’t surrender. It’s not pretending you didn’t fight for what you deserved. It’s recognizing that the fight is over, the outcome is secured, and there’s nothing left to gain by continuing to inflict pain. There’s only things left to lose.

Moving Forward

You pursued this case because something needed to be resolved that couldn’t be resolved any other way. But the goal was never simply to win. It was to reach a fair outcome so you could move forward with your life. Once that’s achieved, continuing to hold onto anger or using the outcome as a weapon doesn’t protect what you’ve gained. It just delays the peace you’re now entitled to.

Handling a win with grace lets everyone involved actually move on. Showing grace after a legal win isn’t just the kind path forward, it’s the wise one.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

What Florida’s Move Over Law Requires

Florida Statute § 316.126 requires drivers approaching a vehicle stopped on the roadside to act as soon as it’s safe. This includes an emergency vehicle displaying lights, a sanitation or utility vehicle performing a task, a wrecker with amber lights performing a recovery, a road or bridge maintenance vehicle, or a disabled motor vehicle displaying hazard lights or warning signals, or with people visibly present. Drivers must:

• Vacate the lane closest to that vehicle if driving on a road with two or more lanes in that direction, or
• If that can’t be done safely, slow to 20 mph below the posted limit, or 5 mph if the limit is 20 mph or less, on a two-lane road.

Penalties for Violating the Move Over Law

A violation is a noncriminal traffic infraction. The base civil penalty is $30 under § 318.18(2)(d), plus additional court costs and fees that attach to moving violations generally.

Section 316.126(6) classifies the offense as a moving violation, rather than nonmoving, for licensing purposes. Because of this, it also carries 3 points on the driver’s license under § 322.27(3)(d)8, the catch-all category for “all other moving violations,” since the statute doesn’t list Move Over violations as a separately scored offense.

The Lesson

Unfortunately, a few weeks later, Michael got the citation himself. The lesson stuck: move over if you can, slow down if you can’t. Florida’s move over law applies either way, and it comes with a fine and points attached.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years