Penalty Statute - 775.083
Penalty Statute - 775.084
775.082 Penalties;
applicability of sentencing structures; mandatory minimum sentences
for certain reoffenders previously released from prison.
(1) 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 findings by the court that such person shall
be punished by death, otherwise such person shall be punished by
life imprisonment and shall be ineligible for parole.
(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
prior to October 1, 1983, by a term of imprisonment for life or for
a term of years not less than 30.
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. For a life felony committed on or
after September 1, 2005, which is a violation of s. 800.04(5)(b),
by:
a. A term of imprisonment for life;
or
b. A split sentence that is a term of
not less than 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 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.
(c) For a felony of the second
degree, by a term of imprisonment not exceeding 15 years.
(d) 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, or s. 827.071;
within 3 years after being released from a state correctional
facility operated by the Department of Corrections or a private
vendor or within 3 years after being released 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.
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 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. On an
annual basis, each state attorney shall submit copies of deviation
memoranda regarding offenses committed on or after the effective
date of this subsection, to the president of the Florida Prosecuting
Attorneys Association, Inc. The association must maintain such
information, and make such information available to the public upon
request, for at least a 10-year period.
(10) 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.
The material on this page is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult a Florida criminal defense lawyer about your legal rights and responsibilities regarding your particular case.
Consult With Experienced Central
Florida Criminal Defense Lawyers
A burglary charge is very serious and under certain circumstances
carries a penalty of LIFE IMPRISONMENT. Because of the serious
nature of this charge and other complexities in handling these types
of cases it is vitally important that you obtain representation from
a lawyer experienced in
defending, not
prosecuting these types of crimes.
If you have been
arrested and charged with burglary or any other theft related
offense contact the Orlando Kissimmee criminal defense law firm of
Corzo & Kohrs.
Call toll free
877-99CK-LAW for a free
consultation and explanation of your rights.
The Central Florida criminal defense law firm
of Corzo and Kohrs almost exclusively limits
their practice to defending clients charged with crimes including
petit theft, retail theft, grand theft, employer theft, and other
theft related offenses and crimes throughout central Florida,
including clients from Orange County, Osceola County, Seminole
County, Polk County and
Pinellas County and in cities such as Orlando, Kissimmee, St. Cloud,
Poinciana, Clermont, Winter Park, St. Petersburg, Seminole,
Clearwater. Attorneys are available 24 hours a day and on weekends
and holidays.