In a significant legal decision, a Florida judge has denied former Assistant U.S. Attorney Matthew Scruggs’ attempt to invoke the state’s “Stand Your Ground” law in his defense against charges stemming from a stabbing incident on the Howard Frankland Bridge.

The incident occurred when Scruggs’ vehicle was struck by another driver, leading to a confrontation during which Scruggs allegedly stabbed the other driver multiple times. Scruggs claimed self-defense under the “Stand Your Ground” statute, asserting that he perceived an imminent threat to his safety.

However, the court found that the circumstances did not meet the legal criteria for such a defense. The judge determined that Scruggs’ actions were not justified under the law, as there was insufficient evidence to support a reasonable belief of imminent danger that would warrant the use of deadly force without the duty to retreat.

Scruggs testified that he smashed the man’s window and stabbed him about seven times in the arm because he feared for his safety.  After hearing from Scruggs, the victim and several witnesses, Judge Meyer determined that Scruggs was “acting out of anger and frustration, not in fear” and set a trial for Sept. 9. 

Scruggs’ lawyers had sought to dismiss the case under Florida’s controversial stand your ground law, which extended self-defense in Florida by removing what’s known as the “duty to retreat” when a person is faced with the threat of a violent confrontation.

This ruling means that Scruggs will face trial without the protections afforded by the “Stand Your Ground” law, proceeding under standard legal procedures for the charges against him.

The case has garnered attention due to Scruggs’ former role as a federal prosecutor and the broader implications for the application of self-defense laws in Florida.

The denial of the “Stand Your Ground” defense in this case underscores the judiciary’s careful scrutiny of such claims, particularly when the use of deadly force is involved. It also highlights the ongoing debates surrounding self-defense statutes and their interpretations within the legal system.

If you have questions or concerns about the Stand Your Ground Defense laws in Florida, reach out to us anytime for a free consultation and detailed case review.

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 Lucy’s Law and how it affects your rights, 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: STAND YOUR GROUND DEFENSE DENIED IN HOWARD FRANKLAND STABBING – 5/22/25

The post STAND YOUR GROUND DEFENSE DENIED IN HOWARD FRANKLAND STABBING appeared first on The Fernandez Law Group.

In a significant move to improve boating safety, the Florida Legislature has passed “Lucy’s Law,” a bill named in honor of 17-year-old Luciana “Lucy” Fernandez, who tragically lost her life in a boating accident in 2022.

The legislation, known formally as House Bill 289, received unanimous support in both the House and Senate and now awaits Governor Ron DeSantis’ signature to become law.

Background of the Legislation

Luciana Fernandez was killed during a Labor Day weekend boating trip in 2022 when the vessel she was on struck a channel marker in Biscayne Bay. The crash also left another passenger, 18-year-old Katerina Puig, permanently disabled.

The boat was operated by George Pino, who faces homicide charges and refused a Breathalyzer test at the scene.

Key Provisions of ‘Lucy’s Law’
 

The new legislation introduces several measures aimed at enhancing boating safety:

• Mandatory Boater Education: Individuals who have not been Florida residents for at least five years will be required to complete a certified boater safety course before operating a vessel. This expands upon previous requirements that applied only to those born after January 1, 1988.
• Increased Penalties for Reckless Boating: The law establishes stricter penalties for boating violations. Leaving the scene of a boating accident resulting in death is now classified as a first-degree felony. Accidents causing serious bodily injury can lead to second-degree felony charges, while those causing non-serious injuries may result in third-degree felony charges.
• Boating Under the Influence (BUI): Individuals convicted of BUI who leave the scene without notifying law enforcement could face a minimum of four years in prison.
• Revised Definition of ‘Livery Vessel’: The law updates the definition to include all vessels offered for lease, rent, or hire, whether with or without a captain. This change affects peer-to-peer rentals facilitated through online platforms, requiring operators to comply with safety, insurance, and licensing requirements.

Advocacy and Support
 

Lucy’s parents, Melissa and Andy Fernandez, have been instrumental in advocating for the legislation. Their efforts have been recognized by lawmakers and the community alike. “They’ve turned the unimaginable pain of losing their precious daughter into purpose by advocating for greater safety on the waters that we all love,” said Rep. Vanessa Oliver, one of the bill’s sponsors.

Next Steps
 

Once signed by Governor DeSantis, “Lucy’s Law” will take effect on July 1, 2025. The law represents a significant step toward enhancing safety on Florida’s waterways and serves as a tribute to Luciana Fernandez’s memory.

For more information on boating safety courses and compliance requirements, individuals can visit the Florida Fish and Wildlife Conservation Commission’s website.

If you have questions about Lucy’s Law to enhance boating safety, concerns about injuries sustained in a boating accident, or if you were responsible for a boating accident, contact us right away.

Our free consultation and detailed case review is the best option for getting the proper representation needed to achieve the best possible outcome and results.

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 Lucy’s Law and how it affects your rights, 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: LUCY’S LAW TO ENHANCE BOATING SAFETY IS PASSED BY FLORIDA LEGISLATURE – 5/8/25

The post LUCY’S LAW TO ENHANCE BOATING SAFETY IS PASSED BY FLORIDA LEGISLATURE appeared first on The Fernandez Law Group.

Florida has proposed implementing a new law, HB 3, aimed at keeping children off social media and blocking minors from accessing online pornography .

Three proposed rules were published by the Attorney General’s office, one of which included age verification details.

House Speaker Paul Renner prioritized the law, citing harms to children from social media.

Critics argue that it violates First Amendment rights.

The law, which will take effect Jan. 1, seeks to prevent children under age 16 from opening social media accounts on at least some platforms.  However, it would allow parents to give consent for 14 and 15-year-olds to have accounts.

Children under 14 would not be permitted to open accounts. The law also requires age verification to try to prevent minors under age 18 from having access to online pornographic sites.

Violations could lead to lawsuits.

Gov. Ron DeSantis signed the law in late March.

Tech-industry group NetChoice claims the law is unconstitutional. Renner expects legal challenges but is confident in the law’s necessity. The proposed rules may lead to a hearing before finalization.

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 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. 

For anyone with questions about Florida child social media laws, or any other legal matter, we’re always ready to assist.

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 CHILD SOCIAL MEDIA LAW MOVES FORWARD – 4/24/25

The post FLORIDA CHILD SOCIAL MEDIA LAW MOVES FORWARD appeared first on The Fernandez Law Group.

2024: Initial Legislation Increases Penalties for Unauthorized Tracking

In 2024, Florida passed a law imposing harsher penalties on individuals who use tracking devices like Apple’s AirTag to monitor people without their consent. Prior to this, unauthorized tracking was classified as a second-degree misdemeanor, carrying a maximum jail sentence of 60 days.

Under the new law, signed by Governor Ron DeSantis and effective October 1, 2024, the offense was elevated to a third-degree felony. This change meant violators could face up to five years in prison and fines of up to $5,000.

The legislation, introduced by Representative Toby Overdorf and Senator Jonathan Martin, received unanimous bipartisan support. It aimed to address growing concerns over the misuse of AirTags and similar devices in cases of stalking, harassment, and even violent crimes. There had been multiple reported incidents—including at least two murders—where criminals used AirTags to track their victims without their knowledge.

2025: Senator Tom Leek Proposes Even Tougher Penalties

Building upon the 2024 law, Florida State Senator Tom Leek introduced Senate Bill 1168 (SB 1168) in early 2025 to impose even stricter penalties when tracking devices are used in serious crimes. The bill specifically targets cases where unauthorized tracking facilitates violent offenses such as murder, robbery, sexual assault, kidnapping, extortion, and terrorism.

Under SB 1168, the penalty for such offenses would increase from a third-degree felony to a second-degree felony. This change would raise the maximum prison sentence to 15 years and increase fines to $10,000. Senator Leek emphasized the importance of deterring criminals from using modern tracking technology to aid in dangerous crimes.

As of March 2025, SB 1168 had advanced through the Senate Appropriations Committee on Criminal and Civil Justice and was awaiting a final hearing in the Senate Rules Committee before being voted on by the full Senate. A companion bill, House Bill 663 (HB 663), sponsored by Representative Tiffany Esposito, was also progressing through the Florida House of Representatives.

These legislative efforts highlight Florida’s commitment to strengthening laws against tech-assisted crimes and ensuring stronger protections against unauthorized tracking.

In most jurisdictions, simply placing a tracker on someone’s property without their consent is illegal and can result in serious charges.  However, the use of tracking devices in crimes is an even more serious offense.

How Criminals Use Tracking Devices in Crimes:

• GPS trackers (often small, cheap, and easy to hide) are placed on vehicles or in personal items to monitor someone’s location without their knowledge.
• This is common in domestic abuse cases, stalking, or harassment situations.

• The use of tracking devices in crimes is frequent with criminals who use them to follow high-value targets (like delivery trucks, luxury cars, or people leaving banks or jewelry stores).
• Once a routine is identified, they time their theft or robbery with precision.

• The use of tracking devices in crimes by thieves often involves them tracking a car to learn when it’s unattended or parked in a less secure location.
• Some steal cars and place their own tracker on them to monitor police recovery efforts and reclaim them later.

• There is often use of tracking devices in crimes by traffickers to monitor shipments, whether it’s drugs, contraband, or even human trafficking routes.
• They help ensure that their “cargo” is moving as expected or to find it again if something goes wrong.

• The use of tracking devices in crimes by high-tech criminals usually involves them planting those tracking devices on vehicles or employees of rival companies to monitor movements, meetings, or logistics routes.

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 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. 

For anyone with questions about the use of tracking devices in crimes, or any other legal matter, we’re always ready to assist.

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: USE OF TRACKING DEVICES IN CRIMES COULD RESULT IN HARSHER PENALTIES – 4/10/25

The post USE OF TRACKING DEVICES TO COMMIT CRIMES COULD RESULT IN HARSHER PENALTIES appeared first on The Fernandez Law Group.

Florida lawmakers are moving forward with a bill that would lower the minimum age for rifle purchases, shotguns and other long guns, from 21 to 18.

This legislation seeks to undo part of a law passed in 2018 after the Parkland school shooting, which raised the purchasing age in an effort to improve public safety.  On Wednesday, March 12th, the latest version of the legislation – House Bill 759 – cleared its first committee hearing with a split vote.

The bill, introduced by Republican Rep. Michelle Salzman, recently passed its first committee in the Florida House. Supporters, including House Speaker Daniel Perez and Governor Ron DeSantis, argue that if 18-year-olds can serve in the military, they should also be able to buy firearms. DeSantis pointed out the inconsistency of allowing young adults to serve in combat yet restricting their ability to purchase a rifle for hunting.

However, opponents believe rolling back the age limit would be a dangerous step backward. Democratic Rep. Robin Bartleman strongly opposed the bill, calling it an insult to the families of Parkland victims who fought to strengthen Florida’s gun laws.

While the bill has momentum in the House, its fate in the Senate remains uncertain. Senate President Ben Albritton has not committed to supporting it and wants to carefully consider its implications. Past efforts to lower the gun-buying age have struggled in the Senate, with previous Senate President Kathleen Passidomo outright rejecting similar proposals.

If passed, the bill would align Florida’s firearm purchasing laws with federal regulations, allowing 18-year-olds to buy long guns from both licensed dealers and private sellers. However, federal law still requires individuals to be at least 21 to purchase handguns from licensed dealers.

This debate is part of a larger national conversation on gun laws. At the federal level, some lawmakers have introduced bills to lower the minimum age for purchasing handguns from 21 to 18, while others are pushing to raise age limits for certain firearms. These competing efforts highlight the ongoing divide over Second Amendment rights and public safety concerns.

If someone is charged with any type of gun, firearm or weapons violation, they need to act immediately in order to preserve every possible opportunity for a stronger defense.

Our FREE consultation will help anyone gain a better understanding of what charges they’re facing and the potential consequences.  We can begin helping right away.

OUR GUN, FIREARM AND WEAPONS VIOLATION DEFENSE LAWYERS ARE EXPERIENCED, DEDICATED AND AGGRESSIVE.

Our gun, firearm and weapons violation defense lawyers have specific experience with Florida gun crimes. We are also qualified to practice in federal courts and have experience as former prosecutors.

At Fernandez Law Group, our team of gun lawyers work diligently at scrutinizing over every single last detail in every case in order to find any flaws or errors in the police procedure.

These errors can lead to reduction in charges, fines, and sentencing. In some cases, we’ve even had cases that were completely dismissed. We will pay very close attention to your case and review it with you on a continual basis.  If you have questions about the minimum age for rifle purchases or have other questions, let’s talk.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND 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: BILL LOWERING MINIMUM AGE FOR RIFLE PURCHASES IN FLORIDA PASSES HOUSE – 3/27/25

The post BILL LOWERING MINIMUM AGE FOR RIFLE PURCHASES IN FLORIDA PASSES HOUSE appeared first on The Fernandez Law Group.

The Florida 7 year rule applies to several different legal contexts, including background checks, adverse possession, and divorce. Here’s how it works in each area:

1. Background Checks (Employment & Credit)

• Under the Fair Credit Reporting Act (FCRA) and Florida law, employers and credit agencies cannot report certain negative information (e.g., civil judgments, tax liens, and most non-conviction records) if it is older than 7 years.
• However, criminal convictions can still appear indefinitely unless state law prohibits it.
• Some employers, especially those in financial services or positions with high salaries (over $75,000), may have different reporting rules.

2. Adverse Possession (Property Claims)

• Florida allows individuals to claim ownership of another person’s landthrough adverse possession if they openly and continuously occupy it for at least 7 years.
• The occupant must pay property taxes and meet other requirements (e.g., making improvements or maintaining the land).
• This rule is meant to prevent land from being abandoned and encourage its use.

3. Divorce (Alimony Duration)

• In Florida, the 7-year mark often distinguishes between short-term and moderate-term marriages for alimony purposes.
• A marriage lasting less than 7 years is generally considered short-term, making long-term alimony less likely.
• Marriages between 7 and 17 years are considered moderate-term, which may lead to more favorable alimony awards compared to short-term marriages.
• The length of the marriage impacts the type and amount of spousal support a judge may grant.

Our Tampa Lawyers are available to provide more information on the Florida 7 Year Rule and how it might apply to a specific individual or situation.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND 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 7 YEAR RULE APPLIES TO BACKGROUND CHECKS, ADVERSE POSSESSION, AND DIVORCE – 3/13/25

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As a long-running legal battle continues, a state senator proposed repealing a law that prohibits people under age 21 from buying long guns and rifles in Florida.

Sen. Randy Fine, of Brevard County, filed the proposal (SB 94) on Tuesday, December 9th, for consideration during the 2025 legislative session, which will start on March 4th.  Fine will also be running in an upcoming special election for a congressional seat.

A similar measure passed in the House but failed in the Senate during the 2024 session.

Lawmakers and Governor Rick Scott approved raising the minimum age to biy rifles and other long guns in 2018 after the mass shooting at Parkland’s Marjory Stoneman Douglas High School that killed 17 people.

People under 21 years old are already barred from buying handguns due to Federal law.

A lawsuit was filed by the National Rifle Association contending that the 2018 Florida gun buying age law violates Second Amendment rights, however, Chief U.S. District Judge Mark Walker upheld the age restriction.

The Florida gun buying age law was also upheld by a three-judge panel of the 11th U.S. Circuit Court of Appeals, but the NRA asked the full appeals court to consider the case.  The issue is currently pending at the Atlanta based appeals court.

After eight years in the House, Fine was elected to the Senate last month but qualified to run in a special election last week.  The special election is being held to replace U.S. Rep. Mike Waltz, R-FL, from Congressional District 6 after President-elect Donald Trump selected Waltz for the National Security Advisor position.

Our law firm is here to answer questions about the Florida gun buying age law and any other gun, firearm or weapon related questions.

If someone has been charged with any type of gun, firearm or weapons violation, they need to act immediately in order to preserve every possible opportunity for a stronger defense.

At Fernandez Law Group, our team of gun lawyers work diligently at scrutinizing over every single last detail in every case in order to find any flaws or errors in the police procedure.

These errors can lead to reduction in charges, fines, and sentencing. In some cases, we’ve even had cases that were completely dismissed.

We pay very close attention to every case and review them with our clients on a continual basis.

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: BILL COULD REPEAL FLORIDA GUN BUYING AGE LAW ENACTED AFTER PARKLAND SHOOTING – 1/23/25

The post BILL COULD REPEAL FLORIDA GUN BUYING AGE LAW ENACTED AFTER PARKLAND SHOOTING appeared first on The Fernandez Law Group.

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