Florida statute

Fla. Stat. § 775.082 — Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison

Current through 2025 Florida Statutes

Part of Chapter 775: General Penalties; Registration of Criminals, Florida Statutes.

Full text of Fla. Stat. § 775.082

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 775.082Primary source, current through the 2025 Florida Statutes

(1)(a) Except as provided in paragraph (b), a person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in a determination that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.(b)1. A person who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age shall be punished by a term of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. If the court finds that life imprisonment is not an appropriate sentence, such person shall be punished by a term of imprisonment of at least 40 years. A person sentenced pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(a).2. A person who did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c).3. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(a) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim. (2) In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided in subsection (1). No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States. (3) A person who has been convicted of any other designated felony may be punished as follows:(a)1. For a life felony committed before October 1, 1983, by a term of imprisonment for life or for a term of at least 30 years.2. For a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years.3. Except as provided in subparagraph 4., for a life felony committed on or after July 1, 1995, by a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment.4.a. Except as provided in sub-subparagraph b., for a life felony committed on or after September 1, 2005, which is a violation of s. 800.04(5)(b), by:(I) A term of imprisonment for life; or(II) A split sentence that is a term of at least 25 years’ imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person’s natural life, as provided in s. 948.012(4).b. For a life felony committed on or after July 1, 2008, which is a person’s second or subsequent violation of s. 800.04(5)(b), by a term of imprisonment for life.5. Notwithstanding subparagraphs 1.-4., a person who is convicted under s. 782.04 of an offense that was reclassified as a life felony which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence.a. A person who actually killed, intended to kill, or attempted to kill the victim and is sentenced to a term of imprisonment of more than 25 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(b).b. A person who did not actually kill, intend to kill, or attempt to kill the victim and is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c).c. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim.6. For a life felony committed on or after October 1, 2014, which is a violation of s. 787.06(3)(g), by a term of imprisonment for life.(b)1. For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.2. Notwithstanding subparagraph 1., a person convicted under s. 782.04 of a first degree felony punishable by a term of years not exceeding life imprisonment, or an offense that was reclassified as a first degree felony punishable by a term of years not exceeding life, which was committed before the person attained 18 years of age may be punished by a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that a term of years equal to life imprisonment is an appropriate sentence.a. A person who actually killed, intended to kill, or attempted to kill the victim and is sentenced to a term of imprisonment of more than 25 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(b).b. A person who did not actually kill, intend to kill, or attempt to kill the victim and is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c).c. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim.(c) Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not included in s. 782.04 but that is an offense that is a life felony or is punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, or an offense that was reclassified as a life felony or an offense punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 20 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(d).(d) For a felony of the second degree, by a term of imprisonment not exceeding 15 years.(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. (4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days. (5) Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county. (6) Nothing in this section shall be construed to alter the operation of any statute of this state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an indeterminate period within minimum and maximum limits as provided by law, except as provided in subsection (1). (7) This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence. (8)(a) The sentencing guidelines that were effective October 1, 1983, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1983, and before January 1, 1994, and to all felonies, except capital felonies and life felonies, committed before October 1, 1983, when the defendant affirmatively selects to be sentenced pursuant to such provisions.(b) The 1994 sentencing guidelines, that were effective January 1, 1994, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after January 1, 1994, and before October 1, 1995.(c) The 1995 sentencing guidelines that were effective October 1, 1995, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1995, and before October 1, 1998.(d) The Criminal Punishment Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. Any revision to the Criminal Punishment Code applies to sentencing for all felonies, except capital felonies, committed on or after the effective date of the revision.(e) Felonies, except capital felonies, with continuing dates of enterprise shall be sentenced under the sentencing guidelines or the Criminal Punishment Code in effect on the beginning date of the criminal activity. (9)(a)1. “Prison releasee reoffender” means any defendant who commits, or attempts to commit:a. Treason;b. Murder;c. Manslaughter;d. Sexual battery;e. Carjacking;f. Home-invasion robbery;g. Robbery;h. Arson;i. Kidnapping;j. Aggravated assault with a deadly weapon;k. Aggravated battery;l. Aggravated stalking;m. Aircraft piracy;n. Unlawful throwing, placing, or discharging of a destructive device or bomb;o. Any felony that involves the use or threat of physical force or violence against an individual;p. Armed burglary;q. Burglary of a dwelling or burglary of an occupied structure; orr. Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5);within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor, a county detention facility following incarceration for an offense for which the sentence pronounced was a prison sentence, or a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.2. “Prison releasee reoffender” also means any defendant who commits or attempts to commit any offense listed in sub-subparagraphs (a)1.a.-r. while the defendant was serving a prison sentence or on escape status from a state correctional facility operated by the Department of Corrections or a private vendor or while the defendant was on escape status from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.3. If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows:a. For a felony punishable by life, by a term of imprisonment for life;b. For a felony of the first degree, by a term of imprisonment of 30 years;c. For a felony of the second degree, by a term of imprisonment of 15 years; andd. For a felony of the third degree, by a term of imprisonment of 5 years.(b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.(c) Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.(d)1. It is the intent of the Legislature that offenders previously released from prison or a county detention facility following incarceration for an offense for which the sentence pronounced was a prison sentence who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection, unless the state attorney determines that extenuating circumstances exist which preclude the just prosecution of the offender, including whether the victim recommends that the offender not be sentenced as provided in this subsection.2. For every case in which the offender meets the criteria in paragraph (a) and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney. (10) If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section. (11) The purpose of this section is to provide uniform punishment for those crimes made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

Official sources

Legal terms used in this section

Questions this section answers

What are the penalties for abuse, aggravated abuse, and neglect of a child; penalties in Florida?

Penalties for abuse, aggravated abuse, and neglect of a child; penalties in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.

What are the penalties for abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties in Florida?

Penalties for abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.

What are the penalties for abuse of a dead human body; penalty in Florida?

As a Felony of the Second Degree, abuse of a dead human body; penalty carries up to 15 years (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $10,000 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

What are the penalties for acceptance of unauthorized compensation; penalty in Florida?

As a Misdemeanor of the First Degree, acceptance of unauthorized compensation; penalty carries up to 1 year (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $1,000 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

What are the penalties for accessory after the fact in Florida?

Penalties for accessory after the fact in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.

What are the penalties for action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption in Florida?

As a Misdemeanor of the First Degree, action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption carries up to 1 year (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $1,000 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

What are the penalties for administration of medroxyprogesterone acetate (MPA) to persons convicted of sexual battery in Florida?

As a Felony of the Second Degree, administration of medroxyprogesterone acetate (MPA) to persons convicted of sexual battery carries up to 15 years (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $10,000 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

What are the penalties for adulterated syrup in Florida?

As a Misdemeanor of the Second Degree, adulterated syrup carries up to 60 days (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $500 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

What are the penalties for advertising drugs, etc., for abortion in Florida?

As a Misdemeanor of the First Degree, advertising drugs, etc., for abortion carries up to 1 year (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $1,000 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

What are the penalties for advertising, purchase, sale, or transfer of human embryos or fetal remains prohibited in Florida?

As a Felony of the Second Degree, advertising, purchase, sale, or transfer of human embryos or fetal remains prohibited carries up to 15 years (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $10,000 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

This reference is informational and is not legal advice.