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September 19, 2022
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The Florida Statutes




THE 2022 FLORIDA STATUTES


Title XLVI
CRIMES Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS View Entire Chapter

F.S. 775.082
775.082 Penalties; applicability of sentencing structures; mandatory minimum
sentences for certain reoffenders previously released from prison.—
(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; or
r. 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; and
d. 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.
History.—s. 3, ch. 71-136; ss. 1, 2, ch. 72-118; s. 2, ch. 72-724; s. 5, ch.
74-383; s. 1, ch. 77-174; s. 1, ch. 83-87; s. 1, ch. 94-228; s. 16, ch. 95-184;
s. 4, ch. 95-294; s. 2, ch. 97-239; s. 2, ch. 98-3; s. 10, ch. 98-204; s. 2, ch.
99-188; s. 3, ch. 2000-246; s. 1, ch. 2001-239; s. 2, ch. 2002-70; ss. 1, 2, ch.
2002-211; s. 4, ch. 2005-28; s. 13, ch. 2008-172; s. 1, ch. 2008-182; s. 1, ch.
2009-63; s. 2, ch. 2011-200; s. 8, ch. 2014-160; s. 1, ch. 2014-220; s. 1, ch.
2016-13; s. 19, ch. 2016-24; s. 3, ch. 2017-1; s. 21, ch. 2017-37; s. 11, ch.
2017-107; s. 30, ch. 2019-167.

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