Florida Senate - 2025 CS for SB 44
By the Committee on Transportation; and Senator Rodriguez
596-02131-25 202544c1
1 A bill to be entitled
2 An act relating to motor vehicles; amending s.
3 316.2397, F.S.; reclassifying the offense of driving,
4 moving, or causing to be moved a vehicle or equipment
5 with certain lighting on a highway as a third degree
6 felony; amending s. 320.061, F.S.; prohibiting a
7 person from knowingly using a license plate obscuring
8 device; providing criminal penalties; reclassifying
9 the offense of interfering with the legibility,
10 angular visibility, or detectability of any feature or
11 detail on a license plate or interfering with the
12 ability to record any feature on a license plate as a
13 misdemeanor of the second degree; creating s. 320.262,
14 F.S.; defining the term “license plate obscuring
15 device”; prohibiting the purchase, possession,
16 manufacture, sale, offering for sale, or distribution
17 of a license plate obscuring device; providing
18 criminal penalties; providing criminal penalties for
19 using a license plate obscuring device, knowingly
20 attaching to a motor vehicle a license plate that was
21 not assigned or transferred to the motor vehicle,
22 altering the original appearance of a license plate,
23 or interfering with the legibility, angular
24 visibility, or detectability of any feature or detail
25 on a license plate during the commission of a crime;
26 providing criminal penalty enhancements for a crime
27 committed while using a license plate obscuring
28 device, knowingly attaching to a motor vehicle a
29 license plate that was not assigned or transferred to
30 the motor vehicle, altering the original appearance of
31 a license plate, or interfering with the legibility,
32 angular visibility, or detectability of any feature or
33 detail on a license plate; providing an effective
34 date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Paragraph (a) of subsection (10) of section
39 316.2397, Florida Statutes, is amended, and subsection (1) of
40 that section is republished, to read:
41 316.2397 Certain lights prohibited; exceptions.—
42 (1) A person may not drive or move or cause to be moved any
43 vehicle or equipment upon any highway within this state with any
44 lamp or device thereon showing or displaying a red, red and
45 white, or blue light visible from directly in front thereof
46 except for certain vehicles provided in this section.
47 (10)(a) A person who violates subsection (1) and in so
48 doing effects or attempts to effect a stop of another vehicle
49 commits a felony misdemeanor of the third first degree,
50 punishable as provided in s. 775.082 or s. 775.083.
51 Section 2. Section 320.061, Florida Statutes, is amended to
52 read:
53 320.061 Unlawful to alter motor vehicle registration
54 certificates, license plates, temporary license plates, mobile
55 home stickers, or validation stickers or to obscure license
56 plates; penalty.—A person may not alter the original appearance
57 of a vehicle registration certificate, license plate, temporary
58 license plate, mobile home sticker, or validation sticker issued
59 for and assigned to a motor vehicle or mobile home, whether by
60 mutilation, alteration, defacement, or change of color or in any
61 other manner. A person who makes such alteration commits a
62 noncriminal traffic infraction, punishable as a moving violation
63 as provided in chapter 318. A person may not knowingly use a
64 license plate obscuring device as defined in s. 320.262(1) or
65 apply or attach a substance, reflective matter, illuminated
66 device, spray, coating, covering, or other material onto or
67 around any license plate which interferes with the legibility,
68 angular visibility, or detectability of any feature or detail on
69 the license plate or interferes with the ability to record any
70 feature or detail on the license plate. A person who so
71 interferes with a license plate commits a misdemeanor of the
72 second degree, punishable as provided in s. 775.082 or s.
73 775.083 violates this section commits a noncriminal traffic
74 infraction, punishable as a moving violation as provided in
75 chapter 318.
76 Section 3. Section 320.262, Florida Statutes, is created to
77 read:
78 320.262 License plate obscuring device prohibited;
79 penalties; enhanced penalties for license plate offenses.—
80 (1) For purposes of this section, the term “license plate
81 obscuring device” means a manual, electronic, or mechanical
82 device designed or adapted to be installed on a motor vehicle
83 which:
84 (a) Switches between two or more license plates for the
85 purpose of allowing a motor vehicle operator to change the
86 license plate displayed on the motor vehicle;
87 (b) Hides a license plate from view by flipping the license
88 plate so that the license plate number is not visible;
89 (c) Covers, obscures, or otherwise interferes with the
90 legibility, angular visibility, or detectability of any feature
91 or detail on the license plate; or
92 (d) Interferes with the ability to record any feature or
93 detail on the license plate.
94 (2) A person may not purchase or possess a license plate
95 obscuring device. A person who violates this subsection commits
96 a misdemeanor of the second degree, punishable as provided in s.
97 775.082 or s. 775.083.
98 (3) A person may not manufacture, sell, offer to sell, or
99 otherwise distribute a license plate obscuring device. A person
100 who violates this subsection commits a misdemeanor of the first
101 degree, punishable as provided in s. 775.082 or s. 775.083.
102 (4)(a) A person who, during the commission of any other
103 crime, knowingly violates s. 320.061 or s. 320.261 commits a
104 felony of the third degree, punishable as provided in s. 775.082
105 or s. 775.083.
106 (b) A person who violates paragraph (a) is subject to
107 enhanced penalties for the other crime as follows:
108 1. A misdemeanor of the second degree shall be punished as
109 if it were a misdemeanor of the first degree.
110 2. A misdemeanor of the first degree shall be punished as
111 if it were a felony of the third degree.
112 3. A felony of the third degree shall be punished as if it
113 were a felony of the second degree.
114 4. A felony of the second degree shall be punished as if it
115 were a felony of the first degree.
116 5. A felony of the first degree shall be punished as if it
117 were a life felony.
118 Section 4. This act shall take effect October 1, 2025.