Possession or Use of a License Plate Obscuring Device

The Florida Legislature recently cracked down on the use of “flippers” and other technology designed to hide a vehicle’s identity. Effective October 1, 2025, Florida law creates strict criminal penalties for the manufacture, sale, possession, or use of any “license plate obscuring device” charged under Section 320.262, Florida Statutes.

While many drivers previously viewed these devices as a way to avoid red-light cameras or toll enforcement, the state now treats their use in connection with other offenses as a third-degree felony.

To secure a conviction, the state must prove the device was specifically “designed or adapted” for the purpose of obscuring the plate. Common defenses often include:

• Lack of Knowledge: The driver was unaware the device was installed (common in used car purchases or borrowed vehicles).
• Non-Obscuring Purpose: Challenging whether a specific bracket or cover actually “interferes with legibility” as defined by the statute.
• Suppression of Evidence: Challenging the legality of the initial traffic stop that led to the discovery of the device.

Attorney for License Plate Obscuring Offenses in Tampa, FL

Law enforcement agencies in the greater Tampa Bay area, including the Florida Highway Patrol, are specifically looking for modified tag brackets and electronic covers. If you are facing charges under this new statute, the attorneys at Sammis Law Firm can help.

We represent clients facing charges for:

• Possession of a license plate obscuring device;
• Distribution or sale of tag-flipping technology;
• Felony charges for using an obscuring device while committing a crime.

The attorneys at Sammis Law Firm are familiar with the tactics used by local “Tag and Title” units and traffic enforcement task forces.

If you were arrested in the greater Tampa Bay area, including in Hillsborough County, Polk County, Pinellas County, or Pasco County, FL, for possessing or using a device to hide your tag, contact an experienced criminal defense attorney at Sammis Law Firm to discuss your defense.

Call (813) 250-0500.

What is a “License Plate Obscuring Device”?

Under the new law, a license plate obscuring device is defined as any manual, electronic, or mechanical tool designed or adapted to:

• Switch between two or more different license plates;
• Flip the plate so the numbers are no longer visible;
• Cover or Interfere with the legibility or detectability of the plate or validation sticker; or
• Block Recording of the plate’s details (often targeting toll and traffic cameras).

Even if the device is not currently being used to “flip” the plate, the mere possession of such equipment on a motor vehicle can now trigger criminal prosecution.

Penalties and Graduated Punishments

The 2025 legislation established a tiered system of penalties based on the defendant’s actions:

• Second Degree Misdemeanor – Purchasing or possessing an obscuring device is punishable by up to 60 days in jail and a $500 fine.
• First Degree Misdemeanor – Manufacturing, selling, or distributing a device is punishable by up to 1 year in jail and a $1,000 fine.
• Third Degree Felony – Using a device to assist in a crime or avoid arrest is punishable by up to 5 years in prison and a $5,000 fine.

The most serious charge—the third-degree felony—applies if the prosecution can prove the device was used to help commit another crime or to escape or avoid detection after a crime was committed.

License Plate Obscuring and Toll Fraud Investigations

In the Tampa Bay area, charges for possessing a license plate obscuring device often stem from broader Toll Fraud investigations conducted by the Florida Highway Patrol (FHP) and the Florida Department of Transportation (FDOT).

With the high volume of traffic on the Selmon Expressway, the Veterans Expressway, and the Howard Frankland Bridge, authorities have increased the use of high-speed cameras and “tag readers” to identify vehicles that consistently bypass toll payments.

While failing to pay a toll is typically a civil traffic infraction, the use of a “flipper” or an electronic shield changes the legal landscape:

• Evidence of Intent: Prosecutors often use the presence of an obscuring device as “prima facie” evidence of an intent to defraud the state. This can elevate a simple toll dispute into a First Degree Misdemeanor for petitioning for a fraudulent license plate or a Third Degree Felony if the device was used to avoid detection during the commission of a crime (including the theft of services).
• The “Pattern of Conduct”: Toll authorities often compile a digital history of a specific vehicle. If a driver is caught with an obscuring device, investigators may look back through months of “unreadable” plate entries to build a larger case for organized retail theft or ongoing fraud.
• Seizure of the Vehicle: Under Florida’s Contraband Forfeiture Act, if a vehicle is used as an “instrumentality” in the commission of a felony—such as using a flipping device to escape police or commit a significant fraud—the state may attempt to seize and forfeit the vehicle itself.

Because these devices are often discovered during a routine traffic stop, the driver is frequently questioned on the side of the road without an attorney. Admissions made during these stops—such as “I only use it for tolls”—are actually confessions to a criminal act.

At Sammis Law Firm, we understand how to challenge the technical evidence in these cases. We look for:

• Calibration Records: Was the camera actually “interfered with,” or was it a malfunction of the toll equipment?
• Installation History: Can the state prove you installed the device or had knowledge of its function?
• Scope of the Stop: Was the officer’s search of your vehicle’s plate bracket legally justified under the Fourth Amendment?

Additional Resources

Florida House of Representatives Bill Analysis (CS/CS/HB 253) – View the full analysis of the 2025 changes to offenses involving motor vehicles.

Official Florida Statutes – Title XXIII – Review Chapter 316 for all state uniform traffic control regulations.

This article was last updated on Friday, March 20, 2026.