THE TRUTH ABOUT FLORIDA’S NEW LICENSE PLATE "CRIME"

Jan 19, 2026

If you’ve seen people posting that your license plate frame is "legal" because of a recent memo, you are being misled. Here are the hard facts about the Law (the Statute), the Bosses (the Memo), and the History (the Case Law).

1. THE LAW: Florida Statute 320.262 (Effective Oct 1, 2025)

The Florida Legislature passed a new law that is now active. It explicitly states that using any "license plate obscuring device" that interferes with the "legibility, angular visibility, or detectability of the primary features or details" is a Second-Degree Misdemeanor.

The Reality: The law does NOT clearly define what a "primary feature" is. It mentions the tag number and sticker, but it also says "details." A cop can argue that the word "Florida" or "Sunshine State" is a detail. If they do, they can arrest you on the spot. This is a criminal charge, not a traffic ticket.

2. THE MEMO: FLHSMV Guidance (Dec 12, 2025)

The Department of Highway Safety (FLHSMV) saw the chaos this law caused and sent a memo to every police agency in the state. They said, "Hey, we don't think the bottom of the plate is a primary feature. Don't arrest people for standard frames."

The Reality: A memo is not a law. It has zero authority to override the Statute. The FLHSMV doesn't write the laws; the Legislature does. A police officer can read that memo and throw it in the trash. They work for their Chief or Sheriff, not the FLHSMV Director. If you are on the side of the road, the Statute is what the cop is holding over your head.

3. THE CASE LAW: State v. Morris (2019)

Pro-frame people point to this case where a court ruled that a frame covering "MyFlorida.com" was okay.

The Reality: That ruling was based on the old version of the law. The Legislature wrote the 2025 Statute specifically to be broader and tougher. When a new law is passed, it often "overrides" old case law until a new case goes all the way back to the Supreme Court. Relying on a 2019 ruling to protect you from a 2025 law is a massive legal gamble.

THE BOTTOM LINE:

The State is currently speaking out of both sides of its mouth. The Statute says you’re a criminal if your frame touches a "detail." The Memo says "just kidding, it's fine."

Until the Legislature actually changes the wording of the law itself, you are technically at risk of a misdemeanor every time you drive with a frame. If you want to be 100% "legal," the only way is to have zero frames and zero covers on your plate. Everything else is just hoping the cop you encounter decided to follow the memo instead of the law.

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