Florida’s License Plate Frame Law Faces Lawsuit After Rental Car Arrest Over “Sunshine State” Text

Heard some pretty bad rental car stories but getting arrested because it has a license plate frame could be the worst yet. Now a lawsuit's trying to get this Florida law tossed because it's unconstitutional.

Police in Davie, Florida arrested Demarquize Dawson last December because the license plate frame on his rental car partially covered the first letter of "Sunshine State" at the bottom of the plate. The S was still readable, just slightly covered by the frame. Having a dealer license plate frame shouldn't get you arrested and thrown in jail like Dawson was, especially on a car you don't even own.

Florida was having problems with wild personalized license plates, from tinted covers to complete vinyl wraps with designs not approved by the state. These were already illegal but on October 1, 2025 a new law took effect that was not only stricter but also made altering or covering a license plate a second-degree misdemeanor.

Florida Statute 320.061 basically says you can't alter the original appearance of a license plate whether by mutilation, alteration, defacement, change of color, or any other way. Can't apply or attach any substance, reflective matter, illuminated device, spray, coating, covering, or other material onto or around any license plate which messes with legibility, angular visibility, or detectability of any feature or detail.

Too Vague

Ticket Toro filed a lawsuit against the State of Florida arguing this law's unconstitutional. Instead of freedom of speech the argument is the Void-for-Vagueness doctrine applies. Due Process Clause of the Fourteenth Amendment requires criminal statutes define prohibited conduct clearly enough that ordinary people can understand what's forbidden.

A statute's unconstitutionally vague when it either fails to give a person of ordinary intelligence fair notice their conduct is criminal or encourages arbitrary and discriminatory enforcement by failing to establish minimal guidelines.

The law's so broad and vague that a strict interpretation could mean covering any part of a license plate including slogans is illegal. This is how Davie police interpreted it when they arrested Dawson. They later issued a statement saying at the initial release of this updated law the wording was vague, unclear, and appeared open for misinterpretation. Since a clarification memo from the Florida Police Chiefs' Association got provided to their department officers are educated on how to apply the statute. Unfortunately it appears this arrest was invalid and they extend apologies to Dawson.

Clarification on how the law should be enforced is fine but since it remains on the books as originally written this situation could easily happen again. At a time when police should be making fewer traffic stops and racial profiling is common this only gives law enforcement another flimsy excuse to stop and potentially arrest people.

The Transit van in the photo is actually the writer's camper van as delivered from the dealer back when it was registered in Florida. Dealer-installed license plate frame barely covers the letter E of "Sunshine State." Under the current law this could get someone arrested just like Dawson was. With even the Florida Police Chiefs' Association apparently agreeing what's on the books isn't working, the law needs to be changed with clarifications actually written into it. New Jersey did it and Florida should too.