Florida HB 35: Traffic Offense Could Now Be a Felony

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

Florida Governor Ron DeSantis recently signed House Bill 35 into law, significantly expanding 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 may be formally designated a habitual traffic offender by the Florida Department of Highway Safety and Motor Vehicles.

Any subsequent driving offense can then be charged as a third degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine. 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 but 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 whether the underlying convictions that triggered the habitual offender designation were properly entered, whether the required notice of suspension was actually received, and whether law enforcement complied with constitutional requirements at the time of the stop and arrest.

If you or someone you know has been charged under Florida's habitual traffic offender laws, early intervention is often the most powerful tool available.

📞 Call us today at (813) 253-3363.