Florida HB 35: Traffic Offense Could Now Be a Felony
Florida Governor Ron DeSantis recently signed House Bill 35 into law. This significantly expands the state’s habitual traffic offender framework under Florida Statute § 322.264.
Most notably, the new law adds driving without a valid license to the list of qualifying offenses that can trigger a habitual traffic offender designation. Under this expanded definition, a driver who accumulates the requisite number of qualifying convictions within a five year period faces a new risk. As a result, the Florida Department of Highway Safety and Motor Vehicles may formally designate that driver a habitual traffic offender.
Penalties Under Florida’s Habitual Traffic Offender Law
Prosecutors can then charge any subsequent driving offense as a third degree felony. This is punishable by up to five years in prison, five years of probation, and a $5,000 fine. Therefore, what many Floridians historically treated as a minor inconvenience can now serve as the foundation for a life altering felony prosecution.
At the Law Office of Michael P. Maddux, P.A., we recognize that the people most affected by HB 35 are often not reckless drivers. Instead, they’re individuals navigating financial hardship, administrative license suspensions, or unpaid court costs who simply had no idea their driving history exposed them to felony liability.
An experienced criminal defense attorney can examine several things. For example, were the underlying convictions that triggered the habitual offender designation properly entered? Additionally, did the driver actually receive the required notice of suspension? Finally, did law enforcement comply with constitutional requirements at the time of the stop and arrest?
If Florida has charged you or someone you know under its habitual traffic offender laws, early intervention is often the most powerful tool available. Furthermore, waiting to address a habitual traffic offender designation can limit your legal options, so contacting an attorney as soon as possible matters.
📞 Call us today at (813) 253-3363.
Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years