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A nonpartisan report suggests that a recent law might lead to an increase in incarceration rates due to the introduction of new penalties, including the possibility of jail time.
ST. PETERSBURG, Fla. — Florida has enacted a law that could pose legal challenges if a vehicle’s license plate or any of its stickers are not clearly visible.
This legislation, originated from bill HB-253, introduces stricter penalties and heightens the consequences for any actions that obscure, cover, or modify a vehicle’s license plates or stickers.
Introduced by Representative Doug Bankson, the bill received approval from Governor Ron DeSantis back in May. It passed with unanimous consent in both the Florida Senate and House, and officially became law on October 1, as public records indicate.
Under this new regulation, it is now considered a second-degree misdemeanor to apply any substances, coatings, reflective materials, or sprays that hinder the readability of a license plate. Additionally, using illuminating devices or frames that obstruct any part of a plate could result in up to 60 days in jail and a fine of $500.
New rules around obscuring a license plate
It is now a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine, if you apply any substance, coating, reflective materials or spray that reduces the legibility of your license plate, as well as for attaching illuminating devices or frames that cover part of it.
This law increases the penalty from a “noncriminal traffic infraction” to a second-degree misdemeanor for anyone who “knowingly” alters or obscures their car’s license plates, registration certificate or temporary license plate.
It also says this applies to validation stickers and mobile home stickers.
Language in the new law defines a “license plate obscuring device” as anything designed or installed in a car that could switch “between two or more license plates,” hide it from view “by flipping the license plate,” partially or fully covering, obscuring or interfering “with the legibility, angular visibility, or detectability of the primary features or details.”
The ban also applies to anything on a car’s license plate that interferes with the ability to record it, partially or fully.
Possessing or buying any of these devices is now punishable as a second-degree misdemeanor, with similar penalties.
Manufacturing, selling, offering to sell or even distributing any license plate obscuring device is now punishable as a first-degree misdemeanor, according to this law. It’s punishable by up to one year in jail and a $1,000 fine.
“A person commits a felony of the third degree… if he or she uses a license plate obscuring device to assist in committing a crime or in escaping from or avoiding detection or arrest in connection with committing such crime,” the law states.
Driving with prohibited lights
This law also cracks down on anyone who drives a vehicle displaying “red, red and white, or blue light” and stops or tries to pull over someone else. This is considered a first-degree misdemeanor or a third-degree felony, and a person could be imprisoned for up to five years and a $5,000.
Exceptions for this part of the law include: federal, state or local law enforcement agents, specific buses or taxicabs and authorized emergency vehicles, such as fire engines or ambulances.
Potential impact of the law
A nonpartisan analysis published by the Florida Senate states this law could lead to more people in jails and prisons due to the crackdown on altering stickers or plates.
Also, people who previously purchased devices that are now prohibited will lose the money they spent on them, while sellers of those items will also experience the financial loss, according to the analysis.
