Chapter 775 — Chapter 775

The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject.

(1) This act shall be known and may be cited as the “Florida Criminal Code.”(2) Except as provided in subsection (3), the code does not apply to offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law. For the purposes of…

The general purposes of the provisions of the code are:(1) To proscribe conduct that improperly causes or threatens substantial harm to individual or public interest.(2) To give fair warning to the people of the state in understandable language of the nature of the conduct proscr…

When there exists no such provision by statute, the court shall proceed to punish such offense by fine or imprisonment, but the fine shall not exceed $500, nor the imprisonment 12 months.

(1) The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.(2) The provisions of this chapter are applicable to offenses defin…

(1) It is the intent of the Legislature that:(a) This section preclude the application of the common law doctrine of abatement to a reenactment or an amendment of a criminal statute; and(b) An act of the Legislature reenacting or amending a criminal statute not be considered a re…

(1) AFFIRMATIVE DEFENSE.—All persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. Insanity is established when:(a) The defendant had a mental inf…

The doctrine of benefit of clergy shall have no operation in this state.

Acts or omissions to which a pecuniary penalty is attached, recoverable by action by a person for his or her own use or for the use, in whole or in part, of the state or of a county or a public body, or of a corporation, are not public offenses within the meaning of these statute…

Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant’s voluntary intoxication is not admissible to show that t…

When used in the laws of this state:(1) The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include …

(1) Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:(a) Capital felony;(b) Life felony;(c) Felony of the first degree;(d) Felony of the second degree; and(e) Felony of the third degree.…

(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…

The Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant…

(1) It is the intent of the Legislature that dangerous unauthorized alien offenders be punished to the fullest extent of the law and as provided in this section.(2) As used in this section, the term:(a) “Dangerous unauthorized alien offender” means an unauthorized alien who is a …

(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment describe…

(1) When any person pleads guilty or nolo contendere to, or is convicted of, any felony or misdemeanor under the laws of this state which resulted in the injury or death of another person, the court may, if it finds that the defendant has the present ability to pay the fine and f…

(1) As used in this section, the term:(a) “Convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.(b) “Habitual misdemeanor offender” means a defendant who is bef…

(1) As used in this act:(a) “Habitual felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(a), if it finds that:1. The defendant has previously been convicted of any combination of two or more felonies in …

The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals. The Legislature further finds that priority should be given to the i…

A person who is under arrest for the commission, attempted commission, or conspiracy to commit any felony in this state shall be the subject of career criminal prosecution efforts provided that such person qualifies as a habitual felony offender, a habitual violent felony offende…

(1) Criminal justice agencies shall employ enhanced law enforcement management efforts and resources for the investigation, apprehension, and prosecution of career criminals. Each state attorney, sheriff, and the police chief of each municipality shall provide for or participate …

(1) Notwithstanding the provisions of s. 948.01, the court may not withhold adjudication of guilt upon the defendant for:(a) Any capital, life, or first degree felony offense.(b) A second degree felony offense unless:1. The state attorney requests in writing that adjudication be …

(1) This section may be cited as the “White Collar Crime Victim Protection Act.”(2) Due to the frequency with which victims, particularly elderly victims, are deceived and cheated by criminals who commit nonviolent frauds and swindles, frequently through the use of the Internet a…

The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that conceal…

(1) As used in this section, the term “bulletproof vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as “threat level I,” which shall mean at least seven layers of bullet-resistant material providing protection from thr…

(1) For purposes of this section:(a) “Child” or “minor” means any person, whose identity is known or unknown, younger than 18 years of age.(b) “Child pornography” means:1. Any image depicting a minor engaged in sexual conduct; or2. Any image that has been created, altered, adapte…

The penalty for any misdemeanor or felony committed by an unauthorized alien as defined in s. 908.111 shall be reclassified in the following manner:(1) A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.(2) A misdemeanor of the first degree is…

In order to inform the public and to deter and prevent crime in the state, the Executive Office of the Governor shall place public service announcements in visible local media throughout the state explaining the penalties provided in chapter 99-188, Laws of Florida.

(1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status,…

(1) For purposes of this section, the term:(a) “Religious institution” is as defined in s. 496.404.(b) “Religious service” is a religious ceremony, prayer, or other activity according to a form and order prescribed for worship, including a service related to a particular occasion…

(1) As used in this section, the term:(a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.(b) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 100…

(1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on a mental or physical disability of the victim:1. A misdemeanor of the second degree is reclassified t…

(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use …

In order to inform the public and to deter and prevent crime, the Office of the Governor shall place public service announcements in areas having the highest representation in the correctional system explaining the penalties provided in this act. In addition, the Office of the Go…

(1) A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) If a person violates subsection (1) and com…

(1) In any case in which a person has been convicted of or has pled nolo contendere or guilty to, regardless of whether adjudication is withheld, any of the following offenses, or the attempt thereof, which offense or attempted offense involves the transmission of body fluids fro…

(1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for:1. Damage or loss caused directly or indirectly by the defendant’s offense; and2. Damage or loss related to the defendant’s criminal episode,unless it finds clear and c…

In addition to any punishment, the court may order the defendant to perform a specified public service.

(1) As used in this section, the term “convicted” means, with respect to a person’s felony offense, a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.(2) Any person who has b…

Any person receiving a withheld sentence upon conviction for a criminal offense, and such withheld sentence has not been altered for a period of 5 years, shall not thereafter be sentenced for the conviction of the same crime for which sentence was originally withheld.

(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies…

In addition to any other penalty provided by law, a person who has been convicted of sale of or trafficking in, or conspiracy to sell or traffic in, a controlled substance under chapter 893, if such offense is a felony, or who has been convicted of an offense under the laws of an…

(1) SHORT TITLE.—This section may be cited as “The Florida Sexual Predators Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Change in status at an institution of higher education” means the commencement or termination of enrollment, including, but not limited to, tra…

(1) As used in this section, the term:(a) “Child care facility” has the same meaning as provided in s. 402.302.(b) “Park” means all public and private property specifically designated as being used for recreational purposes and where children regularly congregate.(c) “Playground”…

(1) The Legislature finds that, for the purpose of approving a plea agreement or for other reasons, certain courts enter orders that effectively limit or nullify requirements imposed upon sexual predators and sexual offenders pursuant to the laws of this state and prevent persons…

A sexual predator or sexual offender who commits any act or omission in violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 944.607, or former s. 947.177 may be prosecuted for the act or omission in the county in which the act or omission was committed, in the county …

The Legislature finds that certain career offenders, by virtue of their histories of offenses, present a threat to the public and to communities. The Legislature finds that requiring these career offenders to register for the purpose of tracking these career offenders and that pr…

(1) SHORT TITLE.—This section may be cited as “The Florida Career Offender Registration Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Career offender” means any person who is designated as a habitual violent felony offender, a violent career criminal, or a three-ti…

(1) As used in this chapter and the Florida Criminal Code, the terms “terrorism” or “terrorist activity” mean an activity that:(a) Involves:1. A violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or2. A v…