New Florida Law Changes & What They Mean to Lee and Collier County Residents

Florida law continues to evolve, and several recent changes can have a meaningful impact on families and individuals throughout Southwest Florida. While these laws apply statewide, they directly affect cases handled in our local courts. The Twentieth Judicial Circuit includes Lee, Collier, Charlotte, Hendry, and Glades counties.

From changes to parenting and alimony laws to new consequences for refusing a breath or urine test after a DUI arrest, understanding the law can help Southwest Florida residents make better decisions when facing a legal issue.

Equal Time-Sharing Is Now Presumed to Be in a Child’s Best Interest

One of the most significant recent changes to Florida family law involves parenting and time-sharing.

Since July 1, 2023, Florida law has created a rebuttable presumption that equal time-sharing is in the best interests of a minor child. The change was enacted through CS/HB 1301 and is reflected in Florida Statute § 61.13.

This does not mean that every parenting case automatically results in a 50/50 schedule. Instead, equal time-sharing is the legal starting point unless the parties agree otherwise or evidence establishes that an equal schedule would not be in the child's best interests.

A parent seeking to rebut the presumption must prove by a preponderance of the evidence that equal time-sharing is not in the child's best interests. Unless the parents agree to a time-sharing schedule that is approved by the court, the judge must still consider the statutory best-interest factors and make specific written findings when creating or modifying the time-sharing schedule.

Those factors can include the child's relationship with each parent, the stability of the child's home and school environment, each parent's ability to meet the child's needs, geographic considerations, the mental and physical health of the parents, evidence of domestic violence or abuse, and other circumstances affecting the child's welfare.

It is also important to distinguish a new parenting case from an attempt to change an existing parenting plan. The 2023 law does not automatically rewrite previously entered parenting plans. Under Florida Statute § 61.13, modification generally still requires a substantial and material change in circumstances as well as a determination that the proposed modification is in the child's best interests.

For parents in Naples, Fort Myers, Cape Coral, Bonita Springs, and surrounding Southwest Florida communities, these rules can significantly affect both the development of a parenting plan in a new divorce or paternity case and the strategy involved in seeking or opposing a later modification.

Florida Eliminated Permanent Alimony

Florida also substantially changed its alimony laws in 2023 through CS/SB 1416, which rewrote portions of Florida Statute § 61.08.

Under the current law, courts may award temporary, bridge-the-gap, rehabilitative, or durational alimony, but permanent alimony is no longer an available form of alimony under § 61.08.

The statutory changes apply to initial petitions for dissolution of marriage or support unconnected with dissolution that were pending or filed on or after July 1, 2023. This distinction can matter in cases that began near the effective date of the legislation.

Before awarding alimony, a Florida court must make factual findings concerning whether the spouse requesting support has an actual need for alimony and whether the other spouse has the ability to pay. The court then considers additional factors such as the length of the marriage, the standard of living established during the marriage, the parties' incomes and resources, earning capacity, age and health, contributions to the marriage, and responsibilities involving minor children.

The law also changed how the duration of a marriage is categorized. For alimony purposes, Florida generally treats a marriage of less than 10 years as short-term, a marriage of 10 to 20 years as moderate-term, and a marriage of 20 years or more as long-term.

Rehabilitative alimony is generally limited to five years. Durational alimony is also subject to significant limits. It generally may not be awarded following a marriage lasting less than three years. Its duration ordinarily may not exceed 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage, although the statute permits an extension in certain exceptional circumstances.

The amount of durational alimony is also limited. Florida Statute § 61.08 provides that the amount is based on the recipient's reasonable need or an amount not exceeding 35 percent of the difference between the parties' net incomes, whichever is less.

These changes are especially important for spouses entering divorce after lengthy marriages. Someone who may once have expected permanent periodic support can now face a substantially different analysis concerning the type, amount, and duration of support.

Florida law also contains more detailed rules concerning retirement and modification of existing alimony obligations. Under Florida Statute § 61.14, a court may consider reasonable retirement when determining whether an alimony obligation should be reduced or terminated. In appropriate circumstances, an obligor may file a petition in reasonable anticipation of retirement, up to six months before the expected retirement date.

Because alimony decisions depend heavily on the parties' income, assets, earning capacity, marital history, and other facts, complete financial records and careful preparation remain particularly important in disputed support cases.

Parenting Plans Now Address Safer Child Exchanges

Florida has also strengthened protections involving the exchange of children between parents.

Legislation enacted in 2024, commonly known as the Cassie Carli Law, added additional protections involving parenting-plan exchanges and created Florida Statute § 61.455.

Under the law, when a court finds that there is a risk or imminent threat of harm to a parent or child during an exchange, and that a safer arrangement is in the child's best interests, the court may require the parties to exchange the child at a neutral safe exchange location or an authorized supervised visitation location.

Florida law also requires parenting plans to identify authorized exchange locations unless the parents agree otherwise in writing.

The law includes a practical safety measure that parents may not realize exists. Florida Statute § 125.01 requires each county sheriff to designate at least one parking lot at the sheriff's office or a substation as a neutral safe exchange location.

A designated location must be identified by a purple light or sign, be accessible 24 hours a day and seven days a week, have adequate lighting, and be covered by continuous video surveillance. At least one camera must record the designated exchange area during both day and night, display the date and time, and retain recordings for at least 45 days.

These provisions can be particularly important in family law cases involving allegations of domestic violence, threats, stalking, harassment, or a history of highly contentious child exchanges.

Refusing a Breath or Urine Test After a DUI Arrest Can Now Be a Crime

Another major recent change affects Florida DUI cases.

Effective October 1, 2025, CS/HB 687, sometimes referred to as Trenton's Law, increased the consequences for refusing a lawful breath or urine test following a DUI arrest.

Under Florida's current implied-consent laws, a qualifying first refusal to submit to a lawful breath or urine test can constitute a second-degree misdemeanor. A qualifying refusal after a previous refusal can carry a first-degree misdemeanor penalty.

This represents an important change from prior Florida law because criminal liability is no longer limited to drivers with a previous qualifying refusal.

The criminal charge is separate from the administrative driver's license consequences associated with refusing testing. Florida law generally provides for a one-year driver's license suspension for a first refusal and an 18-month suspension when the statutory requirements for a subsequent refusal are met.

Florida's implied-consent statute also requires motorists to be advised of the consequences associated with refusing a lawful test. The circumstances surrounding the request for testing, the warnings given to the driver, whether the request was lawful, and whether a refusal actually occurred can therefore become important issues in a criminal DUI case.

A refusal may also be admissible as evidence in a criminal proceeding. As a result, a driver who refuses testing can potentially face the underlying DUI charge, a separate refusal charge, and administrative driver's license proceedings arising from the same arrest.

Florida Strengthened Domestic Violence and Protective Injunction Laws in 2026

Florida enacted additional changes affecting domestic violence cases and protective injunctions during the 2026 legislative session.

Effective July 1, 2026, CS/CS/HB 277, enacted as Chapter 2026-86, changed several statutes governing domestic violence offenses and injunctions for protection.

Among the changes, the law provides for increased criminal penalties for certain repeat domestic violence offenses. A second or subsequent qualifying domestic violence offense can be reclassified to the next higher degree under the circumstances specified by the statute.

The legislation also reduced the number of prior injunction-violation convictions required before a subsequent qualifying violation can be reclassified as a third-degree felony. Previously, two prior convictions were required; the amended law reduces that threshold to one prior conviction.

Florida judges considering petitions for domestic violence injunctions may now consider additional circumstances, including threats to kill or injure a family pet and the existence of a military protective order.

The 2026 legislation also requires dating-violence and sexual-violence injunctions to be entered into Florida's statewide injunction verification system and increases available relocation assistance for qualifying domestic violence victims from $1,500 to $2,500 for a single claim, with the lifetime maximum increased from $3,000 to $5,000.

The same legislation created electronic-monitoring pilot programs involving domestic violence and protective-injunction cases. Those pilot programs are located in Pinellas County and the Sixth Judicial Circuit and therefore are not part of the Twentieth Judicial Circuit serving Southwest Florida. However, the broader statutory changes involving repeat offenses, injunction violations, and injunction considerations apply statewide.

For people involved in a domestic violence investigation, criminal case, or injunction proceeding, these changes can affect both immediate court proceedings and the potential consequences of future allegations or violations.

Habitual Traffic Offender Rules Expanded in 2026

Florida also expanded the offenses that can contribute to a Habitual Traffic Offender designation.

Effective July 1, 2026, CS/HB 35, enacted as Chapter 2026-53, amended Florida Statute § 322.264 to add driving a motor vehicle without a valid license to the offenses that can count toward Habitual Traffic Offender status.

Florida's Habitual Traffic Offender law looks at qualifying convictions occurring within a five-year period. DUI is already among the serious traffic offenses that can contribute to an HTO designation, and the addition of unlicensed driving means that a person's combination of traffic convictions may now have consequences that were not possible under the previous version of the statute.

An HTO designation can have serious consequences, including a lengthy driver's license revocation. A person who drives after being designated a Habitual Traffic Offender may also face felony prosecution under applicable Florida law.

This makes it increasingly important to evaluate a person's complete driving record when handling DUI, suspended-license, or other criminal traffic matters rather than viewing each charge in isolation.

Missy's Law Changes What Happens After a Finding of Guilt for Certain Dangerous Crimes

Another Florida law that took effect July 1, 2026 changes custody and release rules involving offenses classified as "dangerous crimes."

CS/CS/HB 445, enacted as Chapter 2026-19 and commonly referred to as Missy's Law, requires a court to immediately remand a person into custody when the person pleads guilty or no contest to, or is found guilty of, a dangerous crime covered by the statute.

The person must remain in custody pending sentencing without the possibility of release on bond, subject to the exceptions provided by the law.

The legislation also expanded Florida's statutory definition of dangerous crimes to include specified violations involving computer pornography or child exploitation. Because classification as a dangerous crime can affect release and detention decisions, the nature of the charge can have consequences extending beyond the potential sentence itself.

For defendants and their families, understanding those consequences early in a criminal case can be particularly important when evaluating bond issues, plea decisions, trial strategy, and what may happen between a finding of guilt and sentencing.

Why Staying Current Matters

Florida law has changed significantly in several areas since 2023, including parenting and time-sharing, alimony, child exchanges, DUI enforcement, domestic violence, protective injunctions, traffic offenses, and pretrial or post-conviction release.

Advice that may have been accurate only a few years ago may no longer reflect current Florida law. A change in a statutory presumption, the classification of an offense, or the consequences attached to a particular decision can substantially change the legal analysis of a case.

For residents of Naples, Fort Myers, Cape Coral, Bonita Springs, and other Southwest Florida communities, understanding these changes early can make it easier to evaluate options, preserve important evidence, meet court requirements, and avoid decisions that could negatively affect a case.

Every legal situation is different. If you are facing a divorce, parenting dispute, alimony issue, domestic violence matter, DUI, traffic offense, or other criminal charge in Southwest Florida, speaking with an attorney about the specific facts of your case can help you understand how current Florida law may apply to your circumstances.

This article is provided for general informational purposes only and is not intended to constitute legal advice or create an attorney-client relationship. Florida statutes and their interpretation may change, and the application of the law depends on the facts and circumstances of each individual case.

Florida law continues to change, and the details of your situation matter. If you have questions about how a recent law may affect your family law, DUI, or criminal case, Law by Bazaz can help you understand your options.