Florida Statutes Title XLVI Chapter 775 - Definitions; General Penalties; Registration Of Criminals

• 775.01 - Common Law Of England.
  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...
• 775.011 - Short Title; Applicability To Antecedent Offenses.
  (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...
• 775.012 - General Purposes.
  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...
• 775.02 - Punishment Of Common-law Offenses.
  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...
• 775.021 - Rules Of Construction.
  (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...
• 775.027 - Insanity Defense.
  (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...
• 775.03 - Benefit Of Clergy.
  The doctrine of benefit of clergy shall have no operation in this state.History.—s. 75, Feb. 10, 1832; RS 2371; GS 3196; RGS 5026; CGL 7128.
• 775.04 - What Penal Acts Or Omissions Not Public Offenses.
  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...
• 775.051 - Voluntary Intoxication; Not A Defense; Evidence Not Admissible For Certain Purposes; Exception.
  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...
• 775.08 - Classes And Definitions Of Offenses.
  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...
• 775.081 - Classifications Of Felonies And Misdemeanors.
  (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...
• 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...
• 775.0823 - Violent Offenses Committed Against Law Enforcement Officers, Correctional Officers, State Attorneys, Assistant State Attorneys, Justices, Or Judges.
  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...
• 775.083 - Fines.
  (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...
• 775.0835 - Fines; Surcharges; Crimes Compensation Trust Fund.
  (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...
• 775.0837 - Habitual Misdemeanor Offenders.
  (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...
• 775.084 - Violent Career Criminals; Habitual Felony Offenders And Habitual Violent Felony Offenders; Three-time Violent Felony Offenders; Definitions; Procedure; Enhanced Penalties Or Mandatory Minimum Prison Terms.
  (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...
• 775.0841 - Legislative Findings And Intent.
  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...
• 775.0842 - Persons Subject To Career Criminal Prosecution Efforts.
  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...
• 775.0843 - Policies To Be Adopted For Career Criminal Cases.
  (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,...
• 775.08435 - Prohibition On Withholding Adjudication In Felony Cases.
  (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...
• 775.0844 - White Collar Crime Victim Protection Act.
  (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...
• 775.0845 - Wearing Mask While Committing Offense; Reclassification.
  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...
• 775.0846 - Possession Of Bulletproof Vest While Committing Certain Offenses.
  (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...
• 775.0847 - Possession Or Promotion Of Certain Images Of Child Pornography; Reclassification.
  (1) For purposes of this section:(a) “Child” means any person, whose identity is known or unknown, less than 18 years of age.(b) “Child pornography” means any image depicting...
• 775.0849 - Public Service Announcements; Ch. 99-188.
  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...
• 775.085 - Evidencing Prejudice While Committing Offense; Reclassification.
  (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...
• 775.0861 - Offenses Against Persons On The Grounds Of Religious Institutions; Reclassification.
  (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...
• 775.0862 - Sexual Offenses Against Students By Authority Figures; Reclassification.
  (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...
• 775.087 - Possession Or Use Of Weapon; Aggravated Battery; Felony Reclassification; Minimum Sentence.
  (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...
• 775.0871 - Public Service Announcements.
  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...
• 775.0875 - Unlawful Taking, Possession, Or Use Of Law Enforcement Officer’s Firearm; Crime Reclassification; Penalties.
  (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...
• 775.0877 - Criminal Transmission Of Hiv; Procedures; Penalties.
  (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,...
• 775.089 - Restitution.
  (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...
• 775.091 - Public Service.
  In addition to any punishment, the court may order the defendant to perform a specified public service.History.—s. 2, ch. 77-150.
• 775.13 - Registration Of Convicted Felons, Exemptions; Penalties.
  (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...
• 775.14 - Limitation On Withheld Sentences.
  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...
• 775.15 - Time Limitations; General Time Limitations; Exceptions.
  (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...
• 775.16 - Drug Offenses; Additional Penalties.
  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...
• 775.21 - The Florida Sexual Predators Act.
  (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 enrollment or employment status” means the...
• 775.215 - Residency Restriction For Persons Convicted Of Certain Sex Offenses.
  (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...
• 775.24 - Duty Of The Court To Uphold Laws Governing Sexual Predators And Sexual Offenders.
  (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...
• 775.25 - Prosecutions For Acts Or Omissions.
  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,...
• 775.26 - Registration Of Career Offenders And Public Notification; Legislative Findings And Intent.
  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...
• 775.261 - The Florida Career Offender Registration Act.
  (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...
• 775.30 - Terrorism; Defined.
  As used in the Florida Criminal Code, the term “terrorism” means an activity that:(1)(a) Involves a violent act or an act dangerous to human life which...
• 775.31 - Facilitating Or Furthering Terrorism; Felony Or Misdemeanor Reclassification.
  (1) If a person is convicted of committing a felony or misdemeanor that facilitated or furthered any act of terrorism, the court shall reclassify the felony...

Last modified: September 23, 2016