The Fernandez Law Group https://thefernandezlawgroup.com Tampa Injury Lawyers and Attorneys at Law Thu, 05 Mar 2026 19:37:04 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://thefernandezlawgroup.com/wp/wp-content/uploads/2018/05/favicon.png The Fernandez Law Group https://thefernandezlawgroup.com 32 32 MAJOR LIABILITY REFORMS CHANGE AUTO ACCIDENT CASES https://thefernandezlawgroup.com/2026/03/05/liability-reforms-change-auto-accident-cases/ Thu, 05 Mar 2026 19:37:04 +0000 https://thefernandezlawgroup.com/?p=34872 Major Liability Reforms Change Auto Accident Cases - FREE Consultations, 813-489-3222

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MAJOR LIABILITY REFORMS CHANGE AUTO ACCIDENT CASES
These changes can decide whether a case has value or is dead on arrival.
Florida car‑crash cases do not look the way they did a few years ago. Major liability reforms have transformed the state from a “something is better than nothing” system into one where a narrow finding about fault can completely wipe out an otherwise legitimate injury claim.
A recent motor‑vehicle trial underscored this reality when the defense obtained a full win by relying on the new rules, leaving the injured plaintiff with no recovery at all.
The heart of this change to liability reforms is Florida’s move to a modified comparative negligence standard in most negligence cases, including many auto accidents.
Under the new framework:
  • There is now a hard fault cutoff: If an injured person is found to be 51 percent or more responsible for what happened, they recover nothing, even if their medical bills and losses are substantial.
  • Fault still reduces damages below that threshold: At 50 percent fault or less, the plaintiff can still collect, but the award is reduced in proportion to their percentage of blame.
  • Small shifts in fault have outsized consequences: Moving from 49 percent to 51 percent fault does not just trim damages—it turns a potentially significant case into a complete bar to recovery.
Insurers and defense firms have adapted quickly to this environment, and their strategies reflect the new leverage the statute gives them.
Common themes with the changes to liability reforms include:
  • Building a majority‑fault narrative around the plaintiff: Expect heavier emphasis on speeding, distraction, tailgating, late lane changes, and other driver behaviors that can be used to argue the injured person was primarily to blame.
  • Greater use of technical evidence: Event data recorders, video footage, and detailed accident reconstruction are being pushed hard to persuade adjusters and juries that the plaintiff’s choices outweighed any negligence by the defendant.
  • Risk‑framed settlement offers: Carriers may present low offers with the argument that a jury could easily land just over the 50‑percent line, turning a “discounted” claim into a total loss for the injured party.
At the same time, HB 837 and related changes have shortened the time window to file many negligence lawsuits and tightened how medical charges are presented in court, limiting which billed and paid figures juries can see.
In combination, these rules mean that a Tampa Bay crash victim who delays seeking legal help, fails to document the scene, or casually accepts a high percentage of blame in early conversations may find the law stacked against them when it is time to negotiate or go to trial.
For questions or concerns about how major liability reforms change auto accident cases or any other legal matter, we offer a free consultation and detailed case evaluation.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about the new Florida Supreme Court DUI ruling, or any other legal matter, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews


CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com

MAJOR LIABILITY REFORMS CHANGE AUTO ACCIDENT CASES – 3/5/26

 

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COMING CHANGES IN FLORIDA CRIMINAL LAW https://thefernandezlawgroup.com/2026/02/19/changes-in-florida-criminal-law/ Thu, 19 Feb 2026 17:37:56 +0000 https://thefernandezlawgroup.com/?p=34831 Coming changes in Florida Criminal Law: Pretrial Holds, Bail and Insanity Defense - FREE Consultations, 813-489-3222

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COMING CHANGES IN FLORIDA CRIMINAL LAW: PRETRIAL HOLDS, BAIL AND INSANITY DEFENSE

Florida’s current legislative session is quietly adjusting what happens to a defendant from the moment of arrest through sentencing, especially in cases involving alleged violence or serious mental illness.

Lawmakers are pushing changes in Florida criminal law with bills that would make it easier to keep certain defendants in custody before trial, tighten how bail is handled, and narrow when a mental‑health condition can excuse or lessen criminal responsibility. For defendants and families in the Tampa Bay area, these proposals could translate into longer initial jail stays and a more demanding standard for raising mental‑health defenses in court.

Changes in Florida criminal law regarding pretrial release and bail include:

More offenses flagged as dangerous: Felony DUI, felony battery, battery by strangulation, and some burglaries would be specifically listed as “dangerous crimes,” which can justify stricter conditions, higher bonds, or even pretrial detention.

Minimum bond floors after no‑shows: When someone has a history of failing to appear, judges would be required to set at least a specified minimum bond amount, limiting the ability to argue for very low bail in those cases.

Tighter rules for bond forfeiture and cancellation: The proposal cleans up when bonds can be forfeited, canceled, or reinstated, gives the state clearer procedures for entering failure‑to‑appear warrants into national databases, and gives sureties more defined timelines to ask for relief if a bond is forfeited.

Greater emphasis on pretrial detention in specified cases: For certain “dangerous crime” arrests, the statutes would make it easier to argue that a defendant should remain in custody pending a detention hearing instead of being quickly released.

The most controversial changes in Florida criminal law deal with mental illness in the criminal system.

Senate Bill 1326 would substantially update the insanity and competency framework, including:

New focus on “culpable mental state”: Instead of the older insanity model, these changes in Florida criminal law would reframe defense around whether, because of a mental disease or defect, the person lacked the mental state the law requires for the charged crime.

Eliminating part of the traditional M’Naghten test: A key “moral incapacity” component—covering people who knew what they were doing but could not appreciate that it was wrong—would be removed, limiting the defense to narrower cognitive problems.

Mandatory malingering screening: Court‑appointed evaluators would have to use recognized tools to check for exaggeration or faked symptoms and describe those findings in their reports, which will likely be used by prosecutors to challenge defendants’ credibility.

Tighter sentencing relief for serious mental illness: Judges’ ability to reduce sentences based on severe and persistent mental illness would be cut back in certain violent cases, especially where the defendant is considered dangerous, and more people found insane could be steered into locked treatment rather than outpatient options.

Criminal Defense attorneys and mental‑health advocates have warned that layering these changes in Florida criminal law together at once may push more mentally ill people into long jail or prison terms, while narrowing the path to treatment and meaningful mitigation.

If these bills become law, the practical advice for anyone facing charges in Tampa Bay is to get legal counsel involved as early as possible to address bond, pretrial detention risk, mental‑health documentation and other changes in Florida criminal law before these issues are locked in at first appearance.

For questions or concerns about upcoming changes in Florida Criminal Law or any other legal matter, we offer a free consultation and detailed case evaluation.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about the new Florida Supreme Court DUI ruling, or any other legal matter, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews


CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com

COMING CHANGES IN FLORIDA CRIMINAL LAW: PRETRIAL HOLDS, BAIL AND INSANITY DEFENSE – 2/19/26

 

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KNOW YOUR RIGHTS DURING A FLORIDA TRAFFIC STOP https://thefernandezlawgroup.com/2026/02/05/rights-during-a-florida-traffic-stop/ Thu, 05 Feb 2026 17:27:34 +0000 https://thefernandezlawgroup.com/?p=34762 New Florida Supreme Court DUI Ruling and Crackdowns around Tampa Bay - FREE Consultations, 813-489-3222

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KNOW YOUR RIGHTS DURING A FLORIDA TRAFFIC STOP

In early 2026, traffic enforcement in the Tampa Bay area has been especially visible with DUI patrols, tougher fleeing‑and‑eluding consequences, and serious crash cases all in the headlines.

 

If you drive in Florida like most of our clients around Hillsborough or Pinellas County do, it is important to understand how a Florida traffic stop works, what officers can and cannot do, and what is at stake as a simple stop can easily turn into a DUI or felony investigation.
 

Gasparilla 2026: A Snapshot of DUI Enforcement in Tampa
 

Gasparilla is one of the biggest events of the year in Tampa, and it is also one of the most heavily policed weekends on local roads.
  • Local coverage of the 2026 parade shows that a relatively small number of people were arrested, but the vast majority of those arrests were for suspected drunk driving after the festivities wrapped up.
  • Tampa Police and other agencies placed extra officers along the main routes out of downtown and nearby neighborhoods to watch for impairment, speeding, and other dangerous behavior as crowds dispersed.
  • Law enforcement has publicly described Gasparilla as a major DUI‑enforcement weekend, not just a one‑off operation, signaling to Hillsborough County drivers that patrols will be out in force during large gatherings.

Know your rights during a Florida traffic stopCommon Reasons Drivers Get Stopped in Hillsborough and Pinellas

Most traffic encounters in Tampa Bay begin with something ordinary: a claimed moving violation or suspicion that a crime might be occurring.

  • Officers regularly cite issues like speeding, drifting in a lane, failure to signal, rolling through stop signs, or driving with broken or missing lights as reasons to initiate a stop.
  • In many DUI and criminal‑traffic cases in Hillsborough and Pinellas, reports mention “weaving,” inconsistent speeds, or late reactions to traffic signals as supposed signs of impairment.
  • Once the car is stopped, the officer may broaden the encounter into a DUI or criminal investigation based on what they claim to observe—such as the driver’s appearance, speech, or behavior.

Your Core Rights During a Florida Traffic Stop

Even during a stressful stop, Florida drivers still have important rights. Knowing the basics can help you avoid making the situation worse.

  • You generally must provide your driver’s license, registration, and proof of insurance if an officer lawfully requests them.
  • You do not have to answer questions about drinking, drug use, or where you have been and where you are going; choosing to remain silent about these topics is allowed and can keep you from saying something that will later be used against you.
  • Officers may ask you to step out of the vehicle, and in a suspected DUI case they may request that you perform roadside coordination exercises, which they will later describe in detail in their reports.
  • Once you are formally placed under arrest and officers begin custodial questioning about the alleged crime, you should be advised of your right to remain silent and your right to consult a lawyer.

There are very short deadlines—often ten days—to act if you want to contest an administrative driver’s license suspension after a DUI arrest in Hillsborough or Pinellas County.


Know your rights during a Florida traffic stop as a simple stop can easily become a DUIWhen a Stop Becomes a DUI Case in Tampa Bay

Once a Florida traffic stop turns into a DUI investigation, the potential consequences change dramatically, especially with the way Florida law treats repeat offenses and aggravating factors.

First DUI – Misdemeanor

A first DUI in Florida is prosecuted as a misdemeanor. Fines generally run from $500 to $1,000, with a maximum jail sentence of up to 6 months and a driver’s license revocation between 180 days and 1 year. If the driver’s breath or blood alcohol level is 0.15 or higher, or a minor is in the vehicle, the potential fine can increase up to $2,000, and the maximum jail time can rise to 9 months, along with mandatory ignition interlock and other conditions.

Second DUI within 5 years – Misdemeanor with enhanced penalties

A second DUI is still a misdemeanor, but if it occurs within 5 years of a prior conviction, Florida law builds in stricter consequences. There is a mandatory minimum jail term of 10 days, with a possible total of up to 9–12 months in jail depending on alcohol level and other factors. Fines typically start at $1,000 and can reach $2,000 or more when the BAC is 0.15 or higher or a minor is present, and the driver faces a 5‑year revocation of driving privileges, vehicle impoundment, and an ignition‑interlock requirement.

Third DUI within 10 years – Third‑degree felony

A third DUI where any prior DUI is within the last 10 years can be filed as a third‑degree felony. In that scenario, the court can impose up to 5 years in state prison, a fine of up to $5,000, and a 10‑year driver’s license revocation. Prosecutors retain some discretion and can charge certain third DUIs as misdemeanors, but when the 10‑year look‑back applies and a felony is pursued, the case is treated as a serious offense with long‑term licensing and sentencing consequences.

DUI with property damage – First‑degree misdemeanor

When an impaired driver causes damage to someone else’s property, the offense is elevated to a first‑degree misdemeanor, carrying up to 1 year in jail and fines generally between $500 and $1,000, along with possible probation, community service, and a license suspension.

DUI causing serious bodily injury – Third‑degree felony

If a DUI crash results in serious bodily injury to another person, the charge becomes a third‑degree felony, punishable by up to 5 years in prison plus fines and long‑term license consequences.

DUI manslaughter – Second‑degree (or higher) felony

When an impaired driver causes a death, the crime is typically charged as DUI manslaughter, a second‑degree felony with a maximum 15‑year prison sentence and the potential for permanent or long‑term license revocation; penalties can increase further if the driver leaves the scene of the crash.


Fleeing and Eluding: Why Not Stopping Can Be Worse Than the Ticket

Another trend affecting Tampa Bay drivers is Florida’s tougher stance on fleeing and eluding, which can turn a poor decision during a stop into a serious felony.

  • Florida Statute 316.1935 spells out a series of fleeing‑and‑eluding offenses, making it illegal to knowingly fail to pull over or to drive away from an officer who is signaling you to stop.
  • Basic fleeing can already be charged as a felony, and the penalties increase when prosecutors allege high speed, reckless driving, or that the officer’s lights and sirens were activated.
  • Recent updates raised the ranking of certain fleeing offenses on the state’s sentencing scale, which means those charges now carry heavier weight at sentencing and can more easily lead to prison time rather than probation.
  • When fleeing is connected to a crash that seriously injures or kills someone, the law requires mandatory incarceration, and the maximum penalties are similar to other high‑level felonies.

Know your rights during a Florida traffic stopFLORIDA Traffic Stops, Crashes, and Personal Injury Claims

Florida traffic stops that involve collisions often create both criminal‑law and civil‑law issues, particularly in heavily traveled areas like Tampa, Brandon, Clearwater, and St. Petersburg.

  • If a driver is accused of DUI or reckless driving and an accident occurs, prosecutors may file criminal charges at the same time that injured people—or the families of those who may have died—pursue separate claims for compensation.
  • Civil claims can seek recovery for medical treatment, lost income, future care needs, pain and suffering, and other long‑term effects of serious injuries.
  • In fatal crashes, surviving family members often bring wrongful death suits , using evidence from the original traffic stop, crash reports, and any chemical testing to try to establish liability.
  • Because criminal cases and personal injury cases use different burdens of proof, the outcome in one court does not automatically control what happens in the other.

What Drivers in Hillsborough and Pinellas Should Remember

If you are driving in Tampa Bay and you are worried about what could happen in a Florida traffic stop, a few core points are worth keeping in mind.

  • During large events like Gasparilla and holiday weekends, there is a strong chance you will see increased patrols and DUI enforcement on major roads and bridges in Hillsborough and Pinellas County.
  • Ordinary traffic issues can be enough to justify a stop, and what you say and do once you are pulled over can influence whether the situation stays minor or escalatesinto a criminal investigation.
  • DUI penalties in Florida ramp up quickly with each conviction, and factors like high breath‑alcohol readings, minors in the vehicle, crashes, or injuries can move a case into felony territory.
  • Choosing not to stop, driving away from a marked patrol vehicle, or speeding up after lights and sirens are activated can lead to separate fleeing‑and‑eluding charges that carry their own felony risks.
  • When injuries or fatalities are involved, there may be both criminal exposure and civil liability, and each system has its own deadlines and procedures that can significantly affect the outcome.

How our DUI and Traffic Violation Defense Lawyers Can Help:

After a Florida traffic stop in areas such as Hillsborough or Pinellas—whether it was a DUI arrest, a ticket that seems unfair, or a crash that caused injuries—it can be hard to understand your legal position just by reading articles online.

Speaking with a team of lawyers who regularly handle traffic violations, DUI defense, criminal defense, and personal injury matters in the Tampa Bay area can help you sort through potential defenses, protect your license, and evaluate any injury or insurance claims that may arise from the same incident.

For questions or concerns about your rights during a Florida traffic stop or any other legal matter, we offer a free consultation and detailed case evaluation.


EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about the new Florida Supreme Court DUI ruling, or any other legal matter, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews


CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com

KNOW YOUR RIGHTS DURING A FLORIDA TRAFFIC STOP – 2/5/26

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Tampa Lawyer Frank G. Fernandez receives 30th Anniversary Award for proudly serving the Tampa Bay Area community since 1996 https://thefernandezlawgroup.com/2026/02/02/30th-anniversary-award/ Mon, 02 Feb 2026 18:36:53 +0000 https://thefernandezlawgroup.com/?p=34741 Tampa Lawyer Frank G. Fernandez was recently presented with a 30th Anniversary Award for proudly serving the Tampa Bay Area community from Martindale-Hubbell.

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Tampa Lawyer Frank G. Fernandez receives 30th Anniversary Award for proudly serving the Tampa Bay Area community since 1996

FOR IMMEDIATE RELEASE – February 2, 2026

Tampa Lawyer Frank G. Fernandez was recently presented with a 30th Anniversary Award for proudly serving the Tampa Bay Area community from Martindale-Hubbell.

Tampa Lawyer Frank G. Fernandez was recently presented with a 30th Anniversary award for proudly serving the Tampa Bay Area community from Martindale-Hubbell.

Mr. Fernandez first received this award from Martindale-Hubbell to commemorate his 15 year anniversary proudly serving the needs of citizens in Hillsborough County and Tampa Florida back in 2011. In 2016, Frank received his second community award from Martindale-Hubbell in recognition for his continued service in the Tampa Bay area for 20 years. In 2021, Frank Fernandez was presented with his third community award from Martindale-Hubbell in recognition for over 25 years of continued service in the Tampa Bay area.  And now, after proudly serving the Tampa Bay Area community for over 30 years, and since 1996 – Frank was presented with his 4th award of this kind from Martindale-Hubbell.

Martindale-Hubbell’s 30th anniversary award recognition is a milestone that honors an attorney’s long-term dedication to professional excellence and service to the community. Over three decades, consistently upholding high standards of legal skill, integrity, and client care reflects the same values Martindale-Hubbell highlights in its peer ratings and Client Champion awards: strong legal ability, ethical conduct, and a proven commitment to the people you serve.

The award represents trust, stability, and leadership within the local community. It acknowledges decades of showing up for clients in their most difficult moments, providing clear guidance, and achieving results while maintaining the highest ethical standards. It also stands as a public statement that the attorney’s reputation for professionalism and client-focused service is not a recent development, but the product of many years of consistent, principled advocacy.

The confidential client review process is managed and monitored by the world’s most trusted legal resource, Martindale-Hubbell.

The 30th Anniversary Award recognition is one of many received by Attorney Frank G. Fernandez over the years which continue to reflect upon his outstanding dedication and service to clients as a Personal Injury Lawyer, Criminal Defense Attorney and DUI / Traffic Violation defense lawyer.

Proudly serving the Tampa community in Hillsborough County for over 30 years, Mr. Fernandez continues to demonstrate his reputation for reliable results.

Contact us today for a Free Consultation and Case Evaluation.

2025 Client Champion Silver Badge

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Tampa Lawyer Frank G. Fernandez receives 2025 Client Champion Award for exceptional client reviews https://thefernandezlawgroup.com/2026/02/02/2025-client-champion-award/ Mon, 02 Feb 2026 18:12:29 +0000 https://thefernandezlawgroup.com/?p=34736 Tampa Lawyer Frank G. Fernandez was recently awarded the 2025 Client Champion Award for exceptional client reviews by Martindale-Hubbell.

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Tampa Lawyer Frank G. Fernandez receives 2025 Client Champion Award for exceptional client reviews

FOR IMMEDIATE RELEASE – February 2, 2026

2025 Client Champion Silver Award presented to Tampa Lawyer Frank Fernandez

Tampa Lawyer Frank G. Fernandez was recently awarded the 2025 Client Champion Award for exceptional client reviews by Martindale-Hubbell.

The Client Champion award began in 2017, and although it replaces the Client Distinction Award in name, the criteria remain the same and is based on exceptional client reviews. Frank won the Client Distinction award in 2013, 2014, 2015, and 2016, as well as the 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, and now 2025 Client Champion awards.

Client Champion awards are presented to an elite group of attorneys who have received exceptional reviews from the people that know them best – their clients.

The confidential client review process is managed and monitored by the world’s most trusted legal resource, Martindale-Hubbell.

The recognition is one of many received by Attorney Frank G. Fernandez over the years which continue to reflect upon his outstanding dedication and service to clients as a Personal Injury Lawyer, Criminal Defense Attorney and DUI / Traffic Violation defense lawyer.

Proudly serving the Tampa community in Hillsborough County for over 25 years, Mr. Fernandez continues to demonstrate his reputation for reliable results.

Contact us today for a Free Consultation and Case Evaluation.

2025 Client Champion Silver Badge

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NEW FLORIDA SUPREME COURT DUI RULING https://thefernandezlawgroup.com/2026/01/22/florida-supreme-court-dui-ruling/ Thu, 22 Jan 2026 20:23:38 +0000 https://thefernandezlawgroup.com/?p=34725 New Florida Supreme Court DUI Ruling and Crackdowns around Tampa Bay - FREE Consultations, 813-489-3222

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NEW FLORIDA SUPREME COURT DUI RULING AND CRACKDOWNS AROUND TAMPA BAY

Florida Supreme Court DUI Ruling: State v. Repple – Breath Tests Follow the Arrest, Not City Lines

On December 30, 2025, the Florida Supreme Court DUI ruling on State v. Repple was decided, closing a defense avenue that once allowed some drivers to suppress breath-test results when city officers crossed jurisdictional lines.

In Repple, a Maitland officer arrested a driver for DUI within city limits but transported him to a county facility outside the city for a breath test; lower courts initially excluded the results on jurisdiction grounds, but the Supreme Court reversed.

  • The Court held that under Florida’s implied consent law, a municipal officer who makes a lawful DUI arrest within the officer’s jurisdiction may request and obtain a breath test outside that jurisdiction as part of completing the statutory process.
  • The Florida Supreme Court DUI ruling emphasized that implied consent “attaches to the arrest” and that the officer’s authority to request testing is not cut off simply by driving across an “invisible line” into county territory to reach a breath-testing facility.
  • Before Repple, some trial and appellate courts had accepted arguments that extraterritorial testing by city officers was unauthorized “color of office” conduct; after the Florida Supreme Court DUI Ruling in Repple, that strategy is significantly weakened, shifting the defense focus back to the legality of the initial stop and arrest.



For Tampa Bay area drivers, this means a DUI arrest initiated by a city officer—whether in Tampa, St. Pete, or another municipality—will almost certainly support valid breath testing at a central county facility, and suppression motions based purely on where the device is located are far less likely to succeed.

The Florida Supreme Court DUI ruling implies that the geography of where the machine sits matters much less than whether the officer had lawful grounds to stop and arrest in the first place.

The impact of this new Florida Supreme Court DUI Ruling is significant and should be considered a warning to all Florida drivers.


Tampa’s DUI Crackdown: Checkpoints, Grants, and Holiday Sweeps
Tampa Bay Area DUI Enforcement Wave

Tampa Bay is now one of the most aggressively policed DUI corridors in Florida, with Hillsborough County consistently logging over 4,000 DUI arrests a year, outpacing even larger counties like Miami-Dade.

Recent DUI enforcement campaigns show a clear pattern of multi-agency operations, saturation patrols, and a “zero tolerance” message from local law enforcement leadership.

  • In a New Year’s Eve 2025 operation, HCSO and Tampa Police ran a joint DUI enforcement detail that produced 21 DUI arrests from 136 traffic stops, along with 17 citations and 105 warnings in a single night.
  • Earlier 2025 campaigns (including the “Lucky to Be Safe” St. Patrick’s weekend push) saw 142 stops and 33 DUI arrests, which clearly illustrates how Tampa’s enforcement rate rivals or exceeds much larger metro areas.
  • A $360,000 FDOT grant to HCSO is funding more DUI checkpoints, roving patrols, and technology to detect impaired drivers has helped reinforce Sheriff Chad Chronister’s warning that impaired driving “will not be tolerated.”

Tampa Bay area drivers need to be cautious and expect more late-night stops near downtown Tampa, Ybor City, South Howard, the beaches, and around major events including Bucs, Lightning and Rays games.

In many situations, our Tampa Bay area DUI lawyers are seeing situations where “borderline” behavior—rolling through a stop, drifting lanes, or minor equipment issues—can now turn into a full impairment investigation, especially during holidays and weekends flagged as high-risk periods.

The Tampa Bay Area DUI Enforcement Wave can have serious consequences

The Tampa Bay area DUI Enforcement Wave can have serious consequencesFor drivers, the practical risk isn’t just the number of patrol cars – it’s the cumulative impact of strict state penalties plus aggressive local enforcement.

  • A first-time Tampa DUI under Florida Statute 316.193 can bring $500–$1,000 in fines, 6–12 months’ license suspension, probation, DUI school, community service, and up to 6 months in jail, with enhanced penalties if the BAC is 0.15 or higher or a minor is in the car.
  • Tampa’s enforcement strategies which include mobile breath-test units, coordinated checkpoints, and data-driven patrols suggest DUI penalties are being sought after more often, as opposed to staying somewhat reserved for more extreme cases.
  • If a driver does not act within 10 days of arrest, a license suspension typically kicks in regardless of how the criminal case is resolved later.

More drivers are being stopped, more are being tested, and more are entering a system that now stacks even tougher court penalties on top of fast-moving administrative suspensions.


Tampa’s intensified DUI enforcement and the Florida Supreme Court DUI Ruling in Repple create a situation where more drivers are stopped, more are tested, and fewer breath results can be excluded on technical jurisdiction arguments.

  • Saturation patrols, FDOT-funded checkpoints, and coordinated holiday operations make it more likely that even “I only had a couple” drivers will encounter a DUI investigation somewhere in Tampa Bay.


  • Once a lawful arrest is made, Repple makes it much harder to argue that breath results are invalid just because a city officer drove the suspect to a county testing site outside municipal boundaries.


  • Combined with Florida’s tough statutory penalties, the new Florida Supreme Court DUI Ruling, and tight DMV deadlines, the risk for anyone driving after drinking, even modestly, has never been higher in Hillsborough, Pinellas, and surrounding counties.

You may have questions such as whether you will lose your license and for how long? How much can you expect to pay in court costs and fines? Does your state offer a special “hardship permit” allowing you to drive to and from work? Is hiring an attorney really necessary? Would you receive the same outcome with and without an attorney?

Our Tampa DUI Defense attorneys are known for providing an unbiased solution to many of your questions. We offer a free step by step consultation on how to proceed based on your individual circumstances.

For questions or concerns about the new Florida Supreme Court DUI ruling, the increased DUI enforcement around Tampa Bay, or any other legal matter, we offer a free consultation and detailed case evaluation.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about the new Florida Supreme Court DUI ruling, or any other legal matter, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews


CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com/tampa-personal-injury-lawyers/

NEW FLORIDA SUPREME COURT DUI RULING AND CRACKDOWNS AROUND TAMPA BAY – 1/22/26

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ACCIDENT AND INJURY CLAIMS ARE EVOLVING IN TAMPA https://thefernandezlawgroup.com/2026/01/08/accident-and-injury-claims/ Thu, 08 Jan 2026 20:18:47 +0000 https://thefernandezlawgroup.com/?p=34720 Accident and Injury Claims are evolving in Tampa. Whether injured or managing risk, preparation & transparency are essential - FREE Consultations, 813-489-3222

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ACCIDENT AND INJURY CLAIMS ARE EVOLVING IN TAMPA

Personal injury and auto accident cases in the Tampa Bay Area are increasingly decided by data, documentation, and timing.  Crash evidence presented in accident and injury claims now often includes vehicle telematics, dash and fleet camera footage, medical records, and digital communications — all of which insurance companies analyze early and aggressively.
 

In Tampa, St. Petersburg, Clearwater and surrounding communities, vehicle data often plays a decisive role in determining fault.  Speed, braking, and video evidence can quickly establish liability or protect responsible drivers when a crash was unavoidable.  Preserving this evidence early is critical, as key data can be lost if action is delayed.

Medical accident and injury claims are also under closer scrutiny. Insurers now routinely challenge medical billing practices, treatment necessity, and future care projections. Courts across Florida are placing greater weight on reasonable medical costs and clear documentation, not just billed charges.
 

Jury attitudes in Tampa Bay personal injury cases continue to vary by venue. While serious accident and injury claims involving unsafe conduct still result in significant verdicts, jurors are more cautious with claims lacking strong diagnostic support. Clear records, credible experts, and fact-based pleadings matter more than ever.
 

Technology and litigation funding are extending some cases, while others resolve faster due to early data-driven evaluations.

Speeding, distracted driving, and impaired driving remain leading causes of serious crashes on Tampa Bay roadways. Clear safety policies, real-time driving feedback, and regular coaching reduce crashes — and help protect both drivers and the public.
 

Strong injury cases are built on early evidence preservation, clear medical support, and experienced legal guidance. Whether you are an injured person seeking compensation or a business managing risk, preparation and transparency are essential in today’s Tampa Bay personal injury landscape.

For questions or concerns about Florida personal injury, auto accidents or any other legal issues, we offer a free consultation and detailed case evaluation.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about any of the new Florida Laws in 2025, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews


CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com/tampa-personal-injury-lawyers/

ACCIDENT AND INJURY CLAIMS EVOLVE IN TAMPA – 1/8/26

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HOLIDAY GREETINGS AND YEAR-END LEGAL TIPS https://thefernandezlawgroup.com/2025/12/24/holiday-greetings-and-year-end-legal-tips/ Wed, 24 Dec 2025 20:00:43 +0000 https://thefernandezlawgroup.com/?p=34715 Holiday Greetings and Year-End Legal Tips from the Fernandez Law Group

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HOLIDAY GREETINGS AND WARM WISHES FROM THE FERNANDEZ LAW GROUP 

To our valued clients, friends, and professional partners,

As we reflect on the past year, all of us at the Fernandez Law Group would like to express our deep gratitude for the trust you place in us. Your confidence in our team—whether in seeking advice, asking hard questions, giving us great reviews, or referring your family, friends, and colleagues—remains the greatest honor of our work.

We are especially thankful for the strong relationships we have built with you over the years. Those who recommend our firm within their Tampa Bay area communities play a vital role in our continued growth and success, and we do not take that support for granted.

Holiday wishes

As the Christmas season arrives, we extend our warmest wishes to you and your loved ones for a Merry Christmas filled with peace, rest, and meaningful time together.
Looking ahead, we wish you a happy, healthy, and prosperous New Year. May the coming year bring fresh opportunities, renewed energy, and the confidence that you have a dedicated legal team ready to support you whenever the need arises.

Year-end legal tips for everyone
 

Below are a few general legal housekeeping items worth considering as you close out this year and plan for the next. These are not a substitute for legal advice regarding your specific situation, but they are good reminders to help protect you and your family.

Review wills, trusts, and beneficiaries
    
•    Confirm your will or trust reflects current wishes, especially after marriages, divorces, births, deaths, or major financial changes.
•    Check beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts to ensure they align with your overall estate plan.

Update powers of attorney and healthcare directives

    
•    Make sure your financial power of attorney, healthcare power of attorney, and living will accurately name the people you trust to make decisions if you cannot.
•    Consider whether named agents are still available, capable, and willing to serve in these roles going into the new year.

Organize key documents and account information

    
•    Store important documents—estate plan, insurance policies, deeds, titles, and key account information—in a secure but accessible place, and let a trusted person know how to find them.
•    Create or update a simple, confidential list of online accounts and digital assets and how they may be accessed or managed if needed.

Review insurance coverage and risk exposure
    
•    Revisit your auto, home, life, and umbrella policies to ensure coverage levels still match your assets, business activities, and family needs.
•    For business owners, verify that liability, cyber, and professional coverage limits are adequate given any growth or changes this year.





Consider year-end tax and gifting opportunities
    
•    Speak with your tax advisor about year-end strategies such as charitable contributions, annual exclusion gifts, or retirement account contributions that complement your legal and estate planning goals.
•    Coordinating legal planning with tax planning can help reduce risk, minimize disputes, and preserve more of what you have built.

Business owners: review contracts and compliance
    
•    Take time to review key contracts with vendors, customers, and employees, confirming that terms, renewal dates, and responsibilities are clear and up to date.
•    Ensure your policies, handbooks, and corporate records reflect current laws and the way your business actually operates heading into the new year.

From all of us at the Fernandez Law Group, thank you again for the privilege of serving you. We wish you a Merry Christmas and a Happy New Year filled with good health, happiness, and continued success.

We’re always here to help you start the new year on solid legal footing with our free consultation and detailed case evaluation.


EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about any of the new Florida Laws in 2025, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews


CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: HOLIDAY GREETINGS AND YEAR-END LEGAL TIPS – 12/24/25

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FLORIDA KIDS SOCIAL MEDIA LAW HB 3 https://thefernandezlawgroup.com/2025/12/11/social-media-law-hb-3/ Thu, 11 Dec 2025 17:54:43 +0000 https://thefernandezlawgroup.com/?p=34711 Florida kids social media law HB 3 - what parents need to know now

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FLORIDA KIDS SOCIAL MEDIA LAW HB 3 – WHAT PARENTS NEED TO KNOW NOW

Florida’s Kids Social Media Law HB 3 bans children under 14 from having accounts on certain social media platforms and requires parental consent for many 14–15‑year‑olds.

After a recent federal appeals court ruling, the state can now enforce the law while the constitutional fight continues, making this one of the most important online-safety issues for Tampa Bay families.

HB 3 targets platforms with features like infinite scroll, autoplay, notifications, and other engagement tools that lawmakers say are addictive for minors.

The law also forces covered platforms to implement age-verification and content controls, reshaping how kids and parents in Florida access Instagram, Snapchat, YouTube, and similar sites.

Key rules under HB 3

  • Children under 14 are not allowed to open accounts on covered social media platforms under HB 3.
  • Fourteen- and fifteen‑year‑olds can have accounts only with verified parental or guardian consent.
  • Platforms must use reasonable age‑verification methods, delete underage accounts within a set time frame, and restrict minors from accessing content labeled harmful to minors.

The law defines which platforms are covered by focusing on interactive, user‑to‑user public communication rather than naming specific apps, but court filings point to sites such as Instagram, Snapchat, Facebook, and YouTube as likely examples. Streaming services that primarily deliver one‑way content without public comment threads are generally treated differently, a distinction that has become part of the constitutional debate.

Why this law is controversial

Supporters argue HB 3 is a necessary response to mounting evidence that heavy social media use can worsen anxiety, depression, sleep problems, and exposure to bullying and explicit content in children and teens. They say design choices like endless feeds, push notifications, and algorithmic recommendations keep kids online longer than they intend, with little meaningful parental control.

Opponents, including major tech-industry groups, claim HB 3 violates the First Amendment and will chill lawful speech for both minors and adults by forcing identity checks and limiting access to lawful content. Civil liberties advocates say age‑verification systems risk over‑collecting sensitive data and may deter users from engaging in political, religious, or personal conversations online.

Current legal status of HB 3:

HB 3 is currently enforced but still in court.

HB 3 passed during Florida’s 2024 legislative session and took effect in 2025, immediately drawing a federal lawsuit from industry associations representing companies like Google, Meta, and Snap. A federal district judge initially blocked enforcement with a preliminary injunction, finding that the social media law HB 3 likely infringed free‑speech rights.

In late 2025, however, a divided panel of the Eleventh Circuit Court of Appeals allowed Florida to enforce the law while the underlying constitutional case proceeds, calling the restrictions “content neutral” in the majority opinion. One judge dissented, describing the statute as “plainly unconstitutional” and warning that mandatory age verification for all users would significantly chill protected speech.

What this means for Florida parents and teens

For Florida families, including those we serve in Tampa, St. Petersburg, Clearwater, and surrounding communities, the immediate impact is practical: under‑14 children should not have accounts on covered platforms, and 14–15‑year‑olds need documented parental approval.

Parents should expect more age‑verification prompts, new consent flows, and notices from social media companies about account reviews and deletions for suspected underage users.

Local schools and youth programs will likely see more questions from families about what online activities are still allowed, how school‑managed platforms fit into the law, and what happens when a student’s personal account is flagged. Tampa Bay mental‑health professionals, pediatricians, and family‑law attorneys may also encounter more clients asking whether screen‑time disputes, account shutdowns, or alleged violations of HB 3 affect parenting plans and custody issues.

Practical steps for compliance and safety

  • Audit your child’s apps: List every platform your child uses and identify which ones have public posting, DMs, infinite scroll, or autoplay features that likely bring them under HB 3.
  • Confirm ages and permissions: For kids approaching 14, decide in advance whether you will authorize any social media use and under what conditions, documenting your consent where platforms request it.
  • Tighten privacy and monitoring: Use built‑in parental controls, device‑level restrictions, and clear family rules on screen time, while explaining to teens why some accounts may be removed or limited under the new law.

Parents should also watch for phishing or scams disguised as “age verification” and only share sensitive information through official platform channels, not links from unexpected messages. Where platforms offer less intrusive verification methods, such as third‑party age‑estimation tools that minimize data retention, those may offer a safer balance between compliance and privacy.

Florida is one of the earliest and most aggressive states to regulate minors’ social media use.

For questions or concerns about Florida kids social media law HB 3, we offer a free consultation and detailed case evaluation.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about any of the new Florida Laws in 2025, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews


CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: FLORIDA KIDS SOCIAL MEDIA LAW HB 3 – WHAT PARENTS NEED TO KNOW NOW – 12/11/25

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51% AT FAULT = $0 IN TAMPA ACCIDENTS https://thefernandezlawgroup.com/2025/11/20/51-at-fault/ Thu, 20 Nov 2025 17:51:51 +0000 https://thefernandezlawgroup.com/?p=34695 51% at fault = $0 in Tampa accidents. Are you protected?

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51% at Fault = $0 in tampa accidents

Tampa Injury Claims: 51% at fault = $0 in auto accidents, victims only have 2 Years to Act
 

Florida injury law has changed in recent years and if you don’t know the new rules, you could lose your case before it ever gets off the ground.

Under HB 837, Florida follows a modified comparative negligence system.

Key changes that affect every Florida driver:

   

•    If you’re found more than 50% at fault, or 51% at fault or over, you recover nothing.

•    If you’re 50% or less at fault, you can still recover—but your award will be reduced by your percentage of fault.

On top of that, the statute of limitations for negligence cases has been slashed from 4 years to just 2 years. Miss that window, and your claim is gone.

Tampa juries are already showing how powerful these changes are. In recent Hillsborough County trials, defendants admitted fault, but the jury still gave zero to the injured party because causation or fault percentage tipped the wrong way.

Quick Self-Check: Are you on track?
 

✅ Did you seek medical care right away?
✅ Are you keeping all treatment records & bills?
✅ Have you avoided giving a “fault-admitting” statement?
✅ Is evidence (photos, videos, witness contacts) preserved?
✅ Have you marked your 2-year deadline on the calendar?

For businesses and property owners, HB 837 also tilted the rules. Slip-and-fall and negligent security claims now face tighter requirements. Injured parties need stronger evidence up front—and juries are holding them to it.

Our car accident lawyers are very experienced and fully prepared to litigate aggressively on behalf of our clients. There are no up front fees or costs unless we win and our consultations are always free. Reach us by phone, email, or our quick contact form. And if you’re still unsure, have a look at the reviews we receive.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about any of the new Florida Laws in 2025, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews


CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com/personal-injury/resources/legal-impacts-of-aggressive-driving/

NEWSLETTER: 51% at fault = $0 in tampa accidents – are you protected? – 11/20/25

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