West's F.S.A. T. XLVI, Ch. 775, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 of full force in this state where there is no existing provision by statute on the subject.

CREDIT(S)

Act Nov. 6, 1829, § 1; Act Feb. 10, 1832, § 1; Rev.St.1892, § 2369; Gen.St.1906, § 3194; Rev.Gen.St.1920, § 5024; Comp.Gen.Laws 1927, § 7126.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.011

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law. For the purposes of this section, an offense was committed prior to October 1, 1975, if any of the material elements of the offense occurred prior thereto.

(3) In any case pending on or after October 1, 1975, involving an offense committed prior to such date, the provisions of the code involving any quasi-procedural matter shall govern, insofar as they are justly applicable, and the provisions of the code according a defense or mitigation or establishing a penalty shall apply only with the consent of the defendant.

CREDIT(S)

Laws 1974, c. 74-383, § 1; Laws 1975, c. 75-298, § 43; Laws 1981, c. 81-259, § 484.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.012

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 fair warning to the people of the state in understandable language of the nature of the conduct proscribed and of the sentences authorized upon conviction.

(3) To define clearly the material elements constituting an offense and the accompanying state of mind or criminal intent required for that offense.

(4) To differentiate on reasonable grounds between serious and minor offenses and to establish appropriate disposition for each.

(5) To safeguard conduct that is without fault or legitimate state interest from being condemned as criminal.

(6) To ensure the public safety by deterring the commission of offenses and providing for the opportunity for rehabilitation of those convicted and for their confinement when required in the interests of public protection.

CREDIT(S)

Laws 1974, c. 74-383, § 2; Laws 1977, c. 77-174, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0121

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.0121. Repealed by Laws 1997, c. 97-107, § 15, eff. May 24, 1997

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 exceed $500, nor the imprisonment 12 months.

CREDIT(S)

Act Nov. 6, 1829, § 1; Rev.St.1892, § 2370; Gen.St.1906, § 3195; Rev.Gen.St.1920, § 5025; Comp.Gen.Laws 1927, § 7127.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.021

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 be construed most favorably to the accused.

(2) The provisions of this chapter are applicable to offenses defined by other statutes, unless the code otherwise provides.

(3) This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.

(4)(a) Whoever, in the course of one criminal transaction or episode, commits an act or acts which constitute one or more separate criminal offenses, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal offense; and the sentencing judge may order the sentences to be served concurrently or consecutively. For the purposes of this subsection, offenses are separate if each offense requires proof of an element that the other does not, without regard to the accusatory pleading or the proof adduced at trial.

(b) The intent of the Legislature is to convict and sentence for each criminal offense committed in the course of one criminal episode or transaction and not to allow the principle of lenity as set forth in subsection (1) to determine legislative intent. Exceptions to this rule of construction are:

1. Offenses which require identical elements of proof.

2. Offenses which are degrees of the same offense as provided by statute.

3. Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense.

CREDIT(S)

Laws 1974, c. 74-383, § 3; Laws 1976, c. 76-66, § 1; Laws 1977, c. 77-174, § 1; Laws 1983, c. 83-156, § 1; Laws 1988, c. 88-131, § 7.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.027

Effective: June 19, 2000

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 the acts constituting the offense, the defendant was insane. Insanity is established when:

(a) The defendant had a mental infirmity, disease, or defect; and

(b) Because of this condition, the defendant:

1. Did not know what he or she was doing or its consequences; or

2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.

Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection.

(2) Burden of proof.--The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

CREDIT(S)

Added by Laws 2000, c. 2000-315, § 1, eff. June 19, 2000.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.03. Benefit of clergy

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

CREDIT(S)

Act Feb. 10, 1832, § 75; Rev.St.1892, § 2371; Gen.St.1906, § 3196; Rev.Gen.St.1920, § 5026; Comp.Gen.Laws 1927, § 7128.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 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 statutes.

CREDIT(S)

Rev.St.1892, § 2349; Gen.St.1906, § 3173; Rev.Gen.St.1920, § 5002; Comp.Gen.Laws 1927, § 7101. Amended by Laws 1997, c. 97-102, § 1184, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.05. Repealed by Laws 1971, c. 71-136, § 6

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.051

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 to any offense proscribed by law. Evidence of a defendant's voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02.

CREDIT(S)

Added by Laws 1999, c. 99-174, § 1, eff. Oct. 1, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.06

Effective: August 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.06. Repealed by Laws 1971, c. 71-136, § 6

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.07. Repealed by Laws 1971, c. 71-136, § 6

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.08

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year.

(2) The term “misdemeanor” 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 a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term “misdemeanor” shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.

(3) The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense. The term “noncriminal violation” shall not mean any conviction for any violation of any municipal or county ordinance. Nothing contained in this code shall repeal or change the penalty for a violation of any municipal or county ordinance.

(4) The term “crime” shall mean a felony or misdemeanor.

CREDIT(S)

Laws 1868, c. 1637, subc. 11, § 1; Rev.St.1892, § 2352; Gen.St.1906, § 3176; Rev.Gen.St.1920, § 5006; Comp.Gen.Laws 1927, § 7105; Laws 1971, c. 71-136, § 1; Laws 1974, c. 74-383, § 4; Laws 1975, c. 75-298, § 1; Laws 1988, c. 88-196, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.081

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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;

(d) Felony of the second degree; and

(e) Felony of the third degree.

A capital felony and a life felony must be so designated by statute. Other felonies are of the particular degree designated by statute. Any crime declared by statute to be a felony without specification of degree is of the third degree, except that this provision shall not affect felonies punishable by life imprisonment for the first offense.

(2) Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:

(a) Misdemeanor of the first degree; and

(b) Misdemeanor of the second degree.

A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.

(3) This section is supplemental to, and is not to be construed to alter, the law of this state establishing and governing criminal offenses that are divided into degrees by virtue of distinctive elements comprising such offenses, regardless of whether such law is established by constitutional provision, statute, court rule, or court decision.

CREDIT(S)

Laws 1971, c. 71-136, § 2; Laws 1972, c. 72-724, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.082

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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. 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 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 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.

(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.

(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, 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 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.

(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.

CREDIT(S)

Laws 1971, c. 71-136, § 3; Laws 1972, c. 72-118, §§ 1, 2; Laws 1972, c. 72-724, § 2; Laws 1974, c. 74-383, § 5; Laws 1977, c. 77-174, § 1; Laws 1983, c. 83-87, § 1. Amended by Laws 1994, c. 94-228, § 1, eff. May 25, 1994; Laws 1995, c. 95-184, § 16, eff. June 8, 1995; Laws 1995, c. 95-294, § 4, eff. Oct. 1, 1995; Laws 1997, c. 97-239, § 2, eff. May 30, 1997; Laws 1998, c. 98-3, § 2, eff. March 26, 1998; Laws 1998, c. 98-204, § 10, eff. Oct. 1, 1998; Laws 1999, c. 99-188, § 2, eff. July 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2001, c. 2001-239, § 1, eff. July 1, 2001; Laws 2002, c. 2002-70, § 2, eff. July 1, 2002; Laws 2002, c. 2002-211, §§ 1, 2; Laws 2005, c. 2005-28, § 4, eff. Sept. 1, 2005; Laws 2008, c. 2008-172, § 13, eff. Oct. 1, 2008; Laws 2008, c. 2008-182, § 1, eff. July 1, 2008; Laws 2009, c. 2009-63, § 1, eff. July 1, 2009; Laws 2011, c. 2011-200, § 2, eff. July 1, 2011.

VALIDITY

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0823

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; or against any justice or judge of a court described in Art. V of the State Constitution, which offense arises out of or in the scope of the officer's duty as a law enforcement or correctional officer, the state attorney's or assistant state attorney's duty as a prosecutor or investigator, or the justice's or judge's duty as a judicial officer, as follows:

(1) For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release.

(2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(3) For attempted felony murder as described in s. 782.051, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(5) For attempted murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(8) For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(9) For kidnapping as described in s. 787.01, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(10) For aggravated battery as described in s. 784.045, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

(11) For aggravated assault as described in s. 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.

Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.

CREDIT(S)

Laws 1989, c. 89-100, § 3; Laws 1990, c. 90-77, § 1. Amended by Laws 1993, c. 93-406, § 16, eff. Jan. 1, 1994; Laws 1995, c. 95-184, § 17, eff. June 8, 1995; Laws 1997, c. 97-194, § 11, eff. Oct. 1, 1998; Laws 1998, c. 98-417, § 5, eff. Oct. 1, 1998; Laws 2001, c. 2001-236, § 3, eff. Oct. 1, 2001; Laws 2007, c. 2007-212, § 1, eff. Oct. 1, 2007; Laws 2010, c. 2010-121, § 2, eff. Oct. 1, 2010; Laws 2012, c. 2012-21, § 5, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0825

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.0825. Repealed by Laws 1995, c. 95-184, § 18, eff. October 1, 1995

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.083

Effective: July 1, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 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 described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

(a) $15,000, when the conviction is of a life felony.

(b) $10,000, when the conviction is of a felony of the first or second degree.

(d) $1,000, when the conviction is of a misdemeanor of the first degree.

(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

(g) Any higher amount specifically authorized by statute.

Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01, except that the clerk shall remit fines imposed when adjudication is withheld to the Department of Revenue for deposit in the General Revenue Fund. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain. As used in this subsection, the term “convicted” or “conviction” 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.

(2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.

(3) The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

CREDIT(S)

Laws 1971, c. 71-136, § 4; Laws 1974, c. 74-383, § 6; Laws 1977, c. 77-97, § 1; Laws 1977, c. 77-174, § 1. Amended by Laws 1996, c. 96-408, § 1, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1810, eff. July 1, 1997; Laws 2003, c. 2003-402, § 117, eff. July 1, 2004; Laws 2009, c. 2009-6, § 5, eff. Feb. 1, 2009; Laws 2010, c. 2010-162, § 29, eff. July 1, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0833

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.0833. Renumbered as 938.17 and amended by Laws 1997, c. 97-271, § 15, eff. July 1, 1997

See, now, F.S.A. § 938.17

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0835

Effective: March 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 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 finds that the impact of the fine upon the defendant's dependents will not cause such dependents to be dependent on public welfare, in addition to any other penalty, order the defendant to pay a fine, commensurate with the offense committed and with the probable impact upon the victim, but not to exceed $10,000. The fine shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund.

(2) The additional $50 obligation created by s. 938.03 shall be collected, and $49 of each $50 collected shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund, prior to any fine or surcharge authorized by this chapter. These costs are considered assessed unless specifically waived by the court. If the court does not order these costs, it shall state on the record, in detail, the reasons therefor.

CREDIT(S)

Laws 1977, c. 77-452, §§ 2, 3; Laws 1980, c. 80-146, § 20; Laws 1983, c. 83-319, § 2; Laws 1985, c. 85-326, § 8; Laws 1991, c. 91-23, § 12. Amended by Laws 1993, c. 93-9, § 2, eff. Oct. 1, 1993; Laws 1994, c. 94-342, § 18, eff. July 1, 1994; Laws 1997, c. 97-271, § 6, eff. July 1, 1997; Laws 2001, c. 2001-122, § 18, eff. March 1, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0836

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.0836. Renumbered as 938.11 and amended by Laws 1997, c. 97-271, § 11, eff. July 1, 1997

See, now, F.S.A. § 938.11

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0837

Effective: June 23, 2004

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 of guilty or nolo contendere, regardless of whether adjudication is withheld.

(b) “Habitual misdemeanor offender” means a defendant who is before the court for sentencing for a specified misdemeanor offense and who has previously been convicted, as an adult, of four or more specified misdemeanor offenses which meet the following criteria:

1. The offenses, in relation to each other and the misdemeanor before the court for sentencing, are separate offenses that are not part of the same criminal transaction or episode.

2. The offenses were committed within 1 year of the date that the misdemeanor before the court for sentencing was committed.

(c) “Specified misdemeanor offense” means those misdemeanor offenses described in chapter 741, chapter 784, chapter 790, chapter 796, chapter 800, chapter 806, chapter 810, chapter 812, chapter 817, chapter 831, chapter 832, chapter 843, chapter 856, chapter 893, or chapter 901.

(d) “Imprisonment” means incarceration in a county jail operated by the county or a private vendor.

(2) If the court finds that a defendant before the court for sentencing for a misdemeanor is a habitual misdemeanor offender, the court shall, unless the court makes a finding that an alternative disposition is in the best interests of the community and defendant, sentence the defendant as a habitual misdemeanor offender and impose one of the following sentences:

(a) A term of imprisonment of not less than 6 months, but not to exceed 1 year;

(b) Commitment to a residential treatment program for not less than 6 months, but not to exceed 364 days, provided that the treatment program is operated by the county or a private vendor with which the county has contracted to operate such program, or by a private vendor under contract with the state or licensed by the state to operate such program, and provided that any referral to a residential treatment facility is in accordance with the assessment criteria for residential treatment established by the Department of Children and Family Services, and that residential treatment beds are available or other community-based treatment program or a combination of residential and community-based program; or

(c) Detention for not less than 6 months, but not to exceed 364 days, to a designated residence, if the detention is supervised or monitored by the county or by a private vendor with which the county has contracted to supervise or monitor the detention.

The court may not sentence a defendant under this subsection if the misdemeanor offense before the court for sentencing has been reclassified as a felony as a result of any prior qualifying misdemeanor.

CREDIT(S)

Added by Laws 2004, c. 2004-348, § 1, eff. June 23, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.084

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 (4)(a), if it finds that:

1. The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses.

2. The felony for which the defendant is to be sentenced was committed:

a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for a felony or other qualified offense; or

b. Within 5 years of the date of the conviction of the defendant's last prior felony or other qualified offense, or within 5 years of the defendant's release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later.

3. The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance.

4. The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph.

5. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(b) “Habitual violent felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(b), if it finds that:

1. The defendant has previously been convicted of a felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for:

a. Arson;

b. Sexual battery;

c. Robbery;

d. Kidnapping;

e. Aggravated child abuse;

f. Aggravated abuse of an elderly person or disabled adult;

g. Aggravated assault with a deadly weapon;

h. Murder;

i. Manslaughter;

j. Aggravated manslaughter of an elderly person or disabled adult;

k. Aggravated manslaughter of a child;

l. Unlawful throwing, placing, or discharging of a destructive device or bomb;

m. Armed burglary;

n. Aggravated battery; or

o. Aggravated stalking.

2. The felony for which the defendant is to be sentenced was committed:

a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated felony; or

b. Within 5 years of the date of the conviction of the last prior enumerated felony, or within 5 years of the defendant's release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated felony, whichever is later.

3. The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this paragraph.

4. A conviction of a crime necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(c) “Three-time violent felony offender” means a defendant for whom the court must impose a mandatory minimum term of imprisonment, as provided in paragraph (4)(c), if it finds that:

1. The defendant has previously been convicted as an adult two or more times of a felony, or an attempt to commit a felony, and two or more of such convictions were for committing, or attempting to commit, any of the following offenses or combination thereof:

a. Arson;

b. Sexual battery;

c. Robbery;

d. Kidnapping;

e. Aggravated child abuse;

f. Aggravated abuse of an elderly person or disabled adult;

g. Aggravated assault with a deadly weapon;

h. Murder;

i. Manslaughter;

j. Aggravated manslaughter of an elderly person or disabled adult;

k. Aggravated manslaughter of a child;

l. Unlawful throwing, placing, or discharging of a destructive device or bomb;

m. Armed burglary;

n. Aggravated battery;

o. Aggravated stalking;

p. Home invasion/robbery;

q. Carjacking; or

r. An offense which is in violation of a law of any other jurisdiction if the elements of the offense are substantially similar to the elements of any felony offense enumerated in sub-subparagraphs a.-q., or an attempt to commit any such felony offense.

2. The felony for which the defendant is to be sentenced is one of the felonies enumerated in sub-subparagraphs 1.a.-q. and was committed:

a. While the defendant was serving a prison sentence or other sentence imposed as a result of a prior conviction for any offense enumerated in sub-subparagraphs 1.a.-r.; or

b. Within 5 years after the date of the conviction of the last prior offense enumerated in sub-subparagraphs 1.a.-r., or within 5 years after the defendant's release from a prison sentence, probation, community control, or other sentence imposed as a result of a prior conviction for any offense enumerated in sub-subparagraphs 1.a.-r., whichever is later.

3. The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this paragraph.

4. A conviction of a crime necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(d) “Violent career criminal” means a defendant for whom the court must impose imprisonment pursuant to paragraph (4)(d), if it finds that:

1. The defendant has previously been convicted as an adult three or more times for an offense in this state or other qualified offense that is:

a. Any forcible felony, as described in s. 776.08;

b. Aggravated stalking, as described in s. 784.048(3) and (4);

c. Aggravated child abuse, as described in s. 827.03(2)(a);

d. Aggravated abuse of an elderly person or disabled adult, as described in s. 825.102(2);

e. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, as described in s. 800.04 or s. 847.0135(5);

f. Escape, as described in s. 944.40; or

g. A felony violation of chapter 790 involving the use or possession of a firearm.

2. The defendant has been incarcerated in a state prison or a federal prison.

3. The primary felony offense for which the defendant is to be sentenced is a felony enumerated in subparagraph 1. and was committed on or after October 1, 1995, and:

a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated felony; or

b. Within 5 years after the conviction of the last prior enumerated felony, or within 5 years after the defendant's release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated felony, whichever is later.

4. The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph.

5. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(e) “Qualified offense” means any offense, substantially similar in elements and penalties to an offense in this state, which is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction, that was punishable under the law of such jurisdiction at the time of its commission by the defendant by death or imprisonment exceeding 1 year.

(2) For the purposes of this section, the placing of a person on probation or community control without an adjudication of guilt shall be treated as a prior conviction.

(3)(a) In a separate proceeding, the court shall determine if the defendant is a habitual felony offender or a habitual violent felony offender. The procedure shall be as follows:

1. The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a habitual felony offender or a habitual violent felony offender.

2. Written notice shall be served on the defendant and the defendant's attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to allow the preparation of a submission on behalf of the defendant.

3. Except as provided in subparagraph 1., all evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel.

4. Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable to the extent normally applicable to similar findings.

5. For the purpose of identification of a habitual felony offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241.

6. For an offense committed on or after October 1, 1995, if the state attorney pursues a habitual felony offender sanction or a habitual violent felony offender sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a habitual felony offender or a habitual violent felony offender, subject to imprisonment pursuant to this section unless the court finds that such sentence is not necessary for the protection of the public. If the court finds that it is not necessary for the protection of the public to sentence the defendant as a habitual felony offender or a habitual violent felony offender, the court shall provide written reasons; a written transcript of orally stated reasons is permissible, if filed by the court within 7 days after the date of sentencing. Each month, the court shall submit to the Office of Economic and Demographic Research of the Legislature the written reasons or transcripts in each case in which the court determines not to sentence a defendant as a habitual felony offender or a habitual violent felony offender as provided in this subparagraph.

(b) In a separate proceeding, the court shall determine if the defendant is a three-time violent felony offender. The procedure shall be as follows:

1. The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a three-time violent felony offender.

3. Except as provided in subparagraph 1., all evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel.

5. For the purpose of identification of a three-time violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241.

6. For an offense committed on or after the effective date of this act, if the state attorney pursues a three-time violent felony offender sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a three-time violent felony offender, subject to imprisonment pursuant to this section as provided in paragraph (4)(c).

(c) In a separate proceeding, the court shall determine whether the defendant is a violent career criminal with respect to a primary offense committed on or after October 1, 1995. The procedure shall be as follows:

1. Written notice shall be served on the defendant and the defendant's attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to allow the preparation of a submission on behalf of the defendant.

2. All evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel.

3. Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable only as provided in paragraph (d).

4. For the purpose of identification, the court shall fingerprint the defendant pursuant to s. 921.241.

5. For an offense committed on or after October 1, 1995, if the state attorney pursues a violent career criminal sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a violent career criminal, subject to imprisonment pursuant to this section unless the court finds that such sentence is not necessary for the protection of the public. If the court finds that it is not necessary for the protection of the public to sentence the defendant as a violent career criminal, the court shall provide written reasons; a written transcript of orally stated reasons is permissible, if filed by the court within 7 days after the date of sentencing. Each month, the court shall submit to the Office of Economic and Demographic Research of the Legislature the written reasons or transcripts in each case in which the court determines not to sentence a defendant as a violent career criminal as provided in this subparagraph.

(d) 1. A person sentenced under paragraph (4)(d) as a violent career criminal has the right of direct appeal, and either the state or the defendant may petition the trial court to vacate an illegal sentence at any time. However, the determination of the trial court to impose or not to impose a violent career criminal sentence is presumed appropriate and no petition or motion for collateral or other postconviction relief may be considered based on an allegation either by the state or the defendant that such sentence is inappropriate, inadequate, or excessive.

2. It is the intent of the Legislature that, with respect to both direct appeal and collateral review of violent career criminal sentences, all claims of error or illegality be raised at the first opportunity and that no claim should be filed more than 2 years after the judgment and sentence became final, unless it is established that the basis for the claim could not have been ascertained at the time by the exercise of due diligence. Technical violations and mistakes at trials and sentencing proceedings involving violent career criminals that do not affect due process or fundamental fairness are not appealable by either the state or the defendant.

3. It is the intent of the Legislature that no funds, resources, or employees of the state or its political subdivisions be used, directly or indirectly, in appellate or collateral proceedings based on violent career criminal sentencing, except when such use is constitutionally or statutorily mandated.

(4)(a) The court, in conformity with the procedure established in paragraph (3)(a), may sentence the habitual felony offender as follows:

1. In the case of a life felony or a felony of the first degree, for life.

2. In the case of a felony of the second degree, for a term of years not exceeding 30.

3. In the case of a felony of the third degree, for a term of years not exceeding 10.

(b) The court, in conformity with the procedure established in paragraph (3)(a), may sentence the habitual violent felony offender as follows:

1. In the case of a life felony or a felony of the first degree, for life, and such offender shall not be eligible for release for 15 years.

2. In the case of a felony of the second degree, for a term of years not exceeding 30, and such offender shall not be eligible for release for 10 years.

3. In the case of a felony of the third degree, for a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years.

(c) 1. The court, in conformity with the procedure established in paragraph (3)(b), must sentence the three-time violent felony offender to a mandatory minimum term of imprisonment, as follows:

a. In the case of a felony punishable by life, to a term of imprisonment for life;

b. In the case of a felony of the first degree, to a term of imprisonment of 30 years;

c. In the case of a felony of the second degree, to a term of imprisonment of 15 years; or

d. In the case of a felony of the third degree, to a term of imprisonment of 5 years.

2. Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law.

(d) The court, in conformity with the procedure established in paragraph (3)(c), shall sentence the violent career criminal as follows:

1. In the case of a life felony or a felony of the first degree, for life.

2. In the case of a felony of the second degree, for a term of years not exceeding 40, with a mandatory minimum term of 30 years' imprisonment.

3. In the case of a felony of the third degree, for a term of years not exceeding 15, with a mandatory minimum term of 10 years' imprisonment.

(e) If the court finds, pursuant to paragraph (3)(a) or paragraph (3)(c), that it is not necessary for the protection of the public to sentence a defendant who meets the criteria for sentencing as a habitual felony offender, a habitual violent felony offender, or a violent career criminal, with respect to an offense committed on or after October 1, 1995, sentence shall be imposed without regard to this section.

(f) At any time when it appears to the court that the defendant is eligible for sentencing under this section, the court shall make that determination as provided in paragraph (3)(a), paragraph (3)(b), or paragraph (3)(c).

(g) A sentence imposed under this section shall not be increased after such imposition.

(h) A sentence imposed under this section is not subject to s. 921.002.

(i) The provisions of this section do not apply to capital felonies, and a sentence authorized under this section does not preclude the imposition of the death penalty for a capital felony.

(j) The provisions of s. 947.1405 shall apply to persons sentenced as habitual felony offenders and persons sentenced as habitual violent felony offenders.

(k) 1. A defendant sentenced under this section as a habitual felony offender, a habitual violent felony offender, or a violent career criminal is eligible for gain-time granted by the Department of Corrections as provided in s. 944.275(4)(b).

2. For an offense committed on or after October 1, 1995, a defendant sentenced under this section as a violent career criminal is not eligible for any form of discretionary early release, other than pardon or executive clemency, or conditional medical release granted pursuant to s. 947.149.

3. For an offense committed on or after July 1, 1999, a defendant sentenced under this section as a three-time violent felony offender shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release.

(5) In order to be counted as a prior felony for purposes of sentencing under this section, the felony must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony.

(6) 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.

CREDIT(S)

Laws 1971, c. 71-136, § 5; Laws 1974, c. 74-383, § 7; Laws 1975, c. 75-116, § 1; Laws 1975, c. 75-298, § 2; Laws 1977, c. 77-174, § 1; Laws 1988, c. 88-131, § 6; Laws 1989, c. 89-280, § 1. Amended by Laws 1993, c. 93-406, § 2, eff. June 17, 1993; Laws 1995, c. 95-182, § 2, eff. Oct. 1, 1995; Laws 1995, c. 95-195, § 8, eff. July 1, 1995; Laws 1996, c. 96-322, § 14, eff. Oct. 1, 1996; Laws 1996, c. 96-388, § 44, eff. Oct. 1, 1996; Laws 1997, c. 97-78, § 12, eff. May 23, 1997; Laws 1997, c. 97-194, § 12; Laws 1998, c. 98-204, § 11, eff. Oct. 1, 1998; Laws 1999, c. 99-188, § 3, eff. July 1, 1999; Laws 1999, c. 99-201, § 3, eff. Oct. 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2002, c. 2002-210, § 1, eff. April 29, 2002; Laws 2002, c. 2002-210, § 2, eff. Oct. 1, 1999; Laws 2003, c. 2003-23, § 2, eff. Oct. 1, 2003; Laws 2008, c. 2008-172, § 14, eff. Oct. 1, 2008; Laws 2012, c. 2012-155, § 10, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.08401

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.08401. Repealed by Laws 2011, c. 2011-200, § 3, eff. July 1, 2011

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0841

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 offenders, commonly known as career criminals. The Legislature further finds that priority should be given to the investigation, apprehension, and prosecution of career criminals in the use of law enforcement resources and to the incarceration of career criminals in the use of available prison space. The Legislature intends to initiate and support increased efforts by state and local law enforcement agencies and state attorneys' offices to investigate, apprehend, and prosecute career criminals and to incarcerate them for extended terms; and, in the case of violent career criminals, such extended terms must include substantial mandatory minimum terms of imprisonment.

CREDIT(S)

Laws 1988, c. 88-131, § 3. Amended by Laws 1995, c. 95-182, § 4, eff. Oct. 1, 1995.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0842

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 career criminal prosecution efforts provided that such person qualifies as a habitual felony offender, a habitual violent felony offender, or a violent career criminal, under s. 775.084.

CREDIT(S)

Laws 1988, c. 88-131, § 4; Laws 1989, c. 89-280, § 2. Amended by Laws 1995, c. 95-182, § 5, eff. Oct. 1, 1995; Laws 1996, c. 96-388, § 46, eff. July 1, 1996.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0843

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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, and the police chief of each municipality shall provide for or participate in a career criminal prosecution program to coordinate the efforts contemplated by this section and ss. 775.0841 and 775.0842. Enhanced law enforcement efforts and resources include, but are not limited to:

(a) Assignment of highly qualified investigators and prosecutors to career criminal cases.

(b) Significant reduction of caseloads for investigators and prosecutors assigned to career criminal cases.

(c) Coordination with federal, state, and local criminal justice agencies to facilitate the collection and dissemination of criminal investigative and intelligence information relating to those persons meeting the criteria of a career criminal.

(2) Each state attorney's office shall establish a career criminal prosecution unit and adopt and implement policies based on the following guidelines:

(a) All reasonable prosecutorial efforts shall be made to resist the pretrial release of a charged defendant meeting career criminal criteria.

(b) A plea of guilty or a trial conviction shall be sought on each offense charged in the accusatory pleadings against an individual meeting career criminal criteria.

(c) All reasonable prosecutorial efforts shall be made to reduce the time between arrest and disposition of charges against an individual meeting career criminal criteria.

(d) All reasonable prosecutorial efforts shall be made to persuade the court to impose the most severe sanction authorized upon a person convicted after prosecution as a career criminal.

(3) This section does not prohibit a plea agreement in the interest of justice when there are codefendants and the prosecuting attorney determines that the information or testimony of the defendant making the agreement is necessary for the conviction of one or more of the other codefendants. The court may condition its acceptance of such plea agreement on the provision of such information or testimony by such defendant.

(4) Law enforcement agencies shall employ enhanced law enforcement management efforts and resources in the investigation, apprehension, and prosecution of career criminals. Enhanced law enforcement efforts and resources include, but are not limited to:

(a) Crime analysis, consisting of the timely collection and study of local crime data to:

1. Identify evolving or existing crime patterns involving career criminals.

2. Provide investigative leads.

3. Isolate and identify geographical areas or population groups experiencing severe crime problems in order to improve crime prevention efforts.

4. Provide supporting data for improved allocation of overall law enforcement agency resources.

(b) Improved management of investigative operations involving use of information resulting from crime analysis, which may include participation in multijurisdictional investigative and mutual-aid units and measures to increase continuity of investigative efforts from the initial response through the arrest and prosecution of the offender.

(5) Each career criminal apprehension program shall concentrate on the identification and arrest of career criminals and the support of subsequent prosecution. The determination of which suspected felony offenders shall be the subject of career criminal apprehension efforts shall be made in accordance with written target selection criteria selected by the individual law enforcement agency and state attorney consistent with the provisions of this section and s. 775.0842.

(6) Each career criminal apprehension program, as one of its functions, shall maintain coordination with the prosecutor assigned to each case resulting from its efforts. This coordination shall include, but is not limited to, case preparation, processing, and adjudication.

CREDIT(S)

Laws 1988, c. 88-131, § 5; Laws 1989, c. 89-280, § 3. Amended by Laws 1995, c. 95-182, § 6, eff. Oct. 1, 1995; Laws 2011, c. 2011-200, § 6, eff. July 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.08435

Effective: July 1, 2004

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 second degree felony offense unless:

1. The state attorney requests in writing that adjudication be withheld; or

2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.

Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense.

(c) A third degree felony offense if the defendant has a prior withholding of adjudication for a felony offense that did not arise from the same transaction as the current felony offense unless:

1. The state attorney requests in writing that adjudication be withheld; or

2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.

Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a third degree felony offense if the defendant has two or more prior withholdings of adjudication for a felony that did not arise from the same transaction as the current felony offense.

(2) This section does not apply to any adjudication or withholding of adjudication under chapter 985.

(3) The withholding of adjudication in violation of this section is subject to appellate review under chapter 924.

CREDIT(S)

Added by Laws 2004, c. 2004-60, § 1, eff. July 1, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0844

Effective: July 1, 2001

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 cheated by criminals who commit nonviolent frauds and swindles, frequently through the use of the Internet and other electronic technology and frequently causing the loss of substantial amounts of property, it is the intent of the Legislature to enhance the sanctions imposed for nonviolent frauds and swindles, protect the public's property, and assist in prosecuting white collar criminals.

(3) As used in this section, “white collar crime” means:

(a) The commission of, or a conspiracy to commit, any felony offense specified in:

1. Chapter 560, relating to the Money Transmitters' Code.

2. Chapter 812, relating to theft, robbery, and related crimes.

3. Chapter 815, relating to computer-related crimes.

4. Chapter 817, relating to fraudulent practices.

5. Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and disabled adults.

6. Chapter 831, relating to forgery and counterfeiting.

7. Chapter 832, relating to the issuance of worthless checks and drafts.

8. Chapter 838, relating to bribery and misuse of public office.

9. Chapter 839, relating to offenses by public officers and employees.

10. Chapter 895, relating to offenses concerning racketeering and illegal debts.

11. Chapter 896, relating to offenses related to financial transactions.

(b) A felony offense that is committed with intent to defraud or that involves a conspiracy to defraud.

(c) A felony offense that is committed with intent to temporarily or permanently deprive a person of his or her property or that involves a conspiracy to temporarily or permanently deprive a person of his or her property.

(d) A felony offense that involves or results in the commission of fraud or deceit upon a person or that involves a conspiracy to commit fraud or deceit upon a person.

(4) As used in this section, “aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act.

(5) Any person who commits an aggravated white collar crime as defined in this section and in so doing either:

(a) Victimizes 10 or more elderly persons, as defined in s. 825.101(5);

(b) Victimizes 20 or more persons, as defined in s. 1.01; or

(c) Victimizes the State of Florida, any state agency, any of the state's political subdivisions, or any agency of the state's political subdivisions,

and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Notwithstanding any other provision of chapter 921 or any other law, an aggravated white collar crime shall be ranked within the offense severity ranking chart at offense severity level 9.

(7) In addition to a sentence otherwise authorized by law, a person convicted of an aggravated white collar crime may pay a fine of $500,000 or double the value of the pecuniary gain or loss, whichever is greater.

(8) A person convicted of an aggravated white collar crime under this section is liable for all court costs and shall pay restitution to each victim of the crime, regardless of whether the victim is named in the information or indictment. As used in this subsection, “victim” means a person directly and proximately harmed as a result of the commission of the offense for which restitution may be ordered, including any person directly harmed by the defendant's criminal conduct in the course of the commission of the aggravated white collar crime. The court shall hold a hearing to determine the identity of qualifying victims and shall order the defendant to pay restitution based on his or her ability to pay, in accordance with this section and s. 775.089.

(a) The court shall make the payment of restitution a condition of any probation granted to the defendant by the court. Notwithstanding any other law, the court may order continued probation for a defendant convicted under this section for up to 10 years or until full restitution is made to the victim, whichever occurs earlier.

(b) The court retains jurisdiction to enforce its order to pay fines or restitution. The court may initiate proceedings against a defendant for a violation of probation or for contempt of court if the defendant willfully fails to comply with a lawful order of the court.

CREDIT(S)

Added by Laws 2001, c. 2001-99, § 1, eff. July 1, 2001.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0845

Effective: July 7, 2009

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.

(1)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.

(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.

(2)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under former s. 921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the offense committed.

CREDIT(S)

Laws 1981, c. 81-249, § 2. Amended by Laws 1995, c. 95-184, § 21, eff. June 8, 1995; Laws 1997, c. 97-39, § 1, eff. May 1, 1997; Laws 1997, c. 97-102, § 1185, eff. July 1, 1997; Laws 1997, c. 97-194, § 13, eff. May 30, 1997; Laws 2009, c. 2009-20, § 25, eff. July 7, 2009.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0846

Effective: October 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 as “threat level I,” which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.

(2) No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or attempts to commit any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, criminal gang-related offense under chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such possession is in the course of and in furtherance of any such crime.

(3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1985, c. 85-29, § 1. Amended by Laws 1997, c. 97-102, § 1186, eff. July 1, 1997; Laws 2008, c. 2008-238, § 3, eff. Oct. 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0847

Effective: October 1, 2007

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 a minor engaged in sexual conduct.

(c) “Sadomasochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.

(d) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.

(e) “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.

(f) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”

(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to the next higher degree as provided in subsection (3) if:

(a) The offender possesses 10 or more images of any form of child pornography regardless of content; and

(b) The content of at least one image contains one or more of the following:

1. A child who is younger than the age of 5.

2. Sadomasochistic abuse involving a child.

3. Sexual battery involving a child.

4. Sexual bestiality involving a child.

5. Any movie involving a child, regardless of length and regardless of whether the movie contains sound.

(3)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

CREDIT(S)

Added by Laws 2007, c. 2007-143, § 3, eff. Oct. 1, 2007.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0849

Effective: April 29, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 announcements in visible local media throughout the state explaining the penalties provided in chapter 99-188, Laws of Florida.

CREDIT(S)

Added by Laws 1999, c. 99-188, § 12, eff. July 1, 1999. Amended by Laws 2002, c. 2002-208, § 1, eff. April 29, 2002; Laws 2002, c. 2002-209, § 1, eff. April 29, 2002; Laws 2002, c. 2002-210, § 1, eff. April 29, 2002; Laws 2002, c. 2002-211, § 1, eff. April 29, 2002; Laws 2002, c. 2002-212, § 1, eff. April 29, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.085

Effective: October 1, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, mental or physical disability, or advanced age of the victim:

1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.

2. A misdemeanor of the first degree is reclassified to a felony of the third degree.

3. A felony of the third degree is reclassified to a felony of the second degree.

4. A felony of the second degree is reclassified to a felony of the first degree.

5. A felony of the first degree is reclassified to a life felony.

(b) As used in paragraph (a), the term:

1. “Mental or physical disability” means that the victim suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, and has one or more physical or mental limitations that restrict the victim's ability to perform the normal activities of daily living.

2. “Advanced age” means that the victim is older than 65 years of age.

3. “Homeless status” means that the victim:

a. Lacks a fixed, regular, and adequate nighttime residence; or

b. Has a primary nighttime residence that is:

(I) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or

(II) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney's fees and costs.

(3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section.

CREDIT(S)

Laws 1989, c. 89-133, § 1; Laws 1991, c. 91-83, § 1. Amended by Laws 1998, c. 98-83, § 1, eff. Oct. 1, 1998; Laws 1999, c. 99-172, § 1, eff. July 1, 1999; Laws 2010, c. 2010-46, § 1, eff. Oct. 1, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.086

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.086. Repealed by Laws 1975, c. 75-116, § 2; Laws 1975, c. 75-298, § 46

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0861

Effective: July 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 a form and order prescribed for worship, including a service related to a particular occasion.

(2) The felony or misdemeanor degree of any violation of:

(a) Section 784.011, relating to assault;

(b) Section 784.021, relating to aggravated assault;

(d) Section 784.041, relating to felony battery;

(e) A statute defining any offense listed in s. 775.084(1)(b)1.; or

(f) Any other statute defining an offense that involves the use or threat of physical force or violence against any individual

shall be reclassified as provided in this section if the offense is committed on the property of a religious institution while the victim is on the property for the purpose of participating in or attending a religious service.

(3)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.

(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921, such offense is ranked in level 2 of the offense severity ranking chart.

(d) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

(e) In the case of a felony of the first degree, the offense is reclassified to a life felony.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

CREDIT(S)

Added by Laws 2005, c. 2005-77, § 2, eff. July 1, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.087

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:

(a) In the case of a felony of the first degree, to a life felony.

(b) In the case of a felony of the second degree, to a felony of the first degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(2)(a) 1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for:

a. Murder;

b. Sexual battery;

c. Robbery;

d. Burglary;

e. Arson;

f. Aggravated assault;

g. Aggravated battery;

h. Kidnapping;

i. Escape;

j. Aircraft piracy;

k. Aggravated child abuse;

l. Aggravated abuse of an elderly person or disabled adult;

m. Unlawful throwing, placing, or discharging of a destructive device or bomb;

n. Carjacking;

o. Home-invasion robbery;

p. Aggravated stalking;

q. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); or

r. Possession of a firearm by a felon

and during the commission of the offense, such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for aggravated assault, possession of a firearm by a felon, or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years if such person possessed a “firearm” or “destructive device” during the commission of the offense. However, if an offender who is convicted of the offense of possession of a firearm by a felon has a previous conviction of committing or attempting to commit a felony listed in s. 775.084(1)(b)1. and actually possessed a firearm or destructive device during the commission of the prior felony, the offender shall be sentenced to a minimum term of imprisonment of 10 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.

3. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.

(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.

(d) It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.

(3) (a) 1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for:

a. Murder;

b. Sexual battery;

c. Robbery;

d. Burglary;

e. Arson;

f. Aggravated assault;

g. Aggravated battery;

h. Kidnapping;

i. Escape;

j. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance;

k. Aircraft piracy;

l. Aggravated child abuse;

m. Aggravated abuse of an elderly person or disabled adult;

n. Unlawful throwing, placing, or discharging of a destructive device or bomb;

o. Carjacking;

p. Home-invasion robbery;

q. Aggravated stalking; or

r. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1);

and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 15 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.

3. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.

(d) It is the intent of the Legislature that offenders who possess, carry, display, use, threaten to use, or attempt to use a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001 be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.

(e) As used in this subsection, the term:

1. “High-capacity detachable box magazine” means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges.

2. “Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle.

(4) For purposes of imposition of minimum mandatory sentencing provisions of this section, with respect to a firearm, the term “possession” is defined as carrying it on the person. Possession may also be proven by demonstrating that the defendant had the firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense, if proven beyond a reasonable doubt.

(5) This section does not apply to law enforcement officers or to United States military personnel who are performing their lawful duties or who are traveling to or from their places of employment or assignment to perform their lawful duties.

CREDIT(S)

Laws 1974, c. 74-383, § 9; Laws 1975, c. 75-7, § 1; Laws 1975, c. 75-298, § 3; Laws 1976, c. 76-75, § 2; Laws 1983, c. 83-215, § 51; Laws 1989, c. 89-306, § 3; Laws 1990, c. 90-124, § 2; Laws 1990, c. 90-176, § 2. Amended by Laws 1995, c. 95-184, § 19, eff. June 8, 1995; Laws 1995, c. 95-195, § 9, eff. July 1, 1995; Laws 1996, c. 96-322, § 15, eff. Oct. 1, 1996; Laws 1996, c. 96-388, § 55, eff. July 1, 1996; Laws 1997, c. 97-194, § 14; Laws 1999, c. 99-12, § 1, eff. July 1, 1999; Laws 2000, c. 2000-158, § 88, eff. July 4, 2000; Laws 2000, c. 2000-320, § 5, eff. Oct. 1, 2000; Laws 2005, c. 2005-128, § 11, eff. July 1, 2005; Laws 2011, c. 2011-200, § 4, eff. July 1, 2011; Laws 2012, c. 2012-74, § 1, eff. July 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0871

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 the highest representation in the correctional system explaining the penalties provided in this act. In addition, the Office of the Governor shall place public service announcements directed to areas of the state which have the highest rate of firearms-related offenses to maximize the preventative aspects of advertising the penalties imposed by this act.

CREDIT(S)

Added by Laws 1999, c. 99-12, § 4, eff. March 31, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0875

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows:

(a)1. In the case of a felony of the first degree, to a life felony.

2. In the case of a felony of the second degree, to a felony of the first degree.

3. In the case of a felony of the third degree, to a felony of the second degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(b) In the case of a misdemeanor, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.

(3) A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1989, c. 89-157, § 2. Amended by Laws 1993, c. 93-406, § 17, eff. Jan. 1, 1994; Laws 1995, c. 95-184, § 22, eff. June 8, 1995; Laws 1996, c. 96-388, § 56, eff. July 1, 1996; Laws 1997, c. 97-194, § 15, eff. Oct. 1, 1998.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.0877

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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, any of the following offenses, or the attempt thereof, which offense or attempted offense involves the transmission of body fluids from one person to another:

(a) Section 794.011, relating to sexual battery;

(b) Section 826.04, relating to incest;

(c) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;

(d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), relating to assault;

(e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating to aggravated assault;

(f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to battery;

(g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), relating to aggravated battery;

(h) Section 827.03(2)(c), relating to child abuse;

(i) Section 827.03(2)(a), relating to aggravated child abuse;

(j) Section 825.102(1), relating to abuse of an elderly person or disabled adult;

(k) Section 825.102(2), relating to aggravated abuse of an elderly person or disabled adult;

(l) Section 827.071, relating to sexual performance by person less than 18 years of age;

(m) Sections 796.03, 796.07, and 796.08, relating to prostitution; or

(n) Section 381.0041(11)(b), relating to donation of blood, plasma, organs, skin, or other human tissue,

the court shall order the offender to undergo HIV testing, to be performed under the direction of the Department of Health in accordance with s. 381.004, unless the offender has undergone HIV testing voluntarily or pursuant to procedures established in s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or rule providing for HIV testing of criminal offenders or inmates, subsequent to her or his arrest for an offense enumerated in paragraphs (a)-(n) for which she or he was convicted or to which she or he pled nolo contendere or guilty. The results of an HIV test performed on an offender pursuant to this subsection are not admissible in any criminal proceeding arising out of the alleged offense.

(2) The results of the HIV test must be disclosed under the direction of the Department of Health, to the offender who has been convicted of or pled nolo contendere or guilty to an offense specified in subsection (1), the public health agency of the county in which the conviction occurred and, if different, the county of residence of the offender, and, upon request pursuant to s. 960.003, to the victim or the victim's legal guardian, or the parent or legal guardian of the victim if the victim is a minor.

(3) An offender who has undergone HIV testing pursuant to subsection (1), and to whom positive test results have been disclosed pursuant to subsection (2), who commits a second or subsequent offense enumerated in paragraphs (1)(a)-(n), commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime enumerated in paragraphs (1)(a)-(n).

(4) An offender may challenge the positive results of an HIV test performed pursuant to this section and may introduce results of a backup test performed at her or his own expense.

(5) Nothing in this section requires that an HIV infection have occurred in order for an offender to have committed criminal transmission of HIV.

(6) For an alleged violation of any offense enumerated in paragraphs (1)(a)-(n) for which the consent of the victim may be raised as a defense in a criminal prosecution, it is an affirmative defense to a charge of violating this section that the person exposed knew that the offender was infected with HIV, knew that the action being taken could result in transmission of the HIV infection, and consented to the action voluntarily with that knowledge.

CREDIT(S)

Added by Laws 1993, c. 93-227, § 8, eff. Oct. 1, 1993. Amended by Laws 1996, c. 96-221, § 7, eff. July 3, 1996; Laws 1996, c. 96-293, § 2, eff. Oct. 1, 1996; Laws 1996, c. 96-322, § 16, eff. Oct. 1, 1996; Laws 1997, c. 97-37, § 4, eff. Oct. 1, 1997; Laws 1997, c. 97-102, § 1811, eff. July 1, 1997; Laws 1999, c. 99-3, § 95, eff. June 29, 1999; Laws 1999, c. 99-8, § 291, eff. June 29, 1999; Laws 2010, c. 2010-64, § 2, eff. July 1, 2010; Laws 2010, c. 2010-113, § 4, eff. July 1, 2010; Laws 2010, c. 2010-117, § 1, eff. July 1, 2010; Laws 2012, c. 2012-155, § 11, eff. Oct. 1, 2012; Laws 2012, c. 2012-184, § 127, eff. April 27, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.089

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 the defendant's offense; and

2. Damage or loss related to the defendant's criminal episode,

unless it finds clear and compelling reasons not to order such restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund pursuant to chapter 960. Payment of an award by the Crimes Compensation Trust Fund shall create an order of restitution to the Crimes Compensation Trust Fund, unless specifically waived in accordance with subparagraph (b)1.

(b)1. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in this section, it shall state on the record in detail the reasons therefor.

2. An order of restitution entered as part of a plea agreement is as definitive and binding as any other order of restitution, and a statement to such effect must be made part of the plea agreement. A plea agreement may contain provisions that order restitution relating to criminal offenses committed by the defendant to which the defendant did not specifically enter a plea.

(c) The term “victim” as used in this section and in any provision of law relating to restitution means each person who suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode, and also includes the victim's estate if the victim is deceased, the victim's next of kin if the victim is deceased as a result of the offense, and the victim's trade association if the offense is a violation of s. 540.11(3)(a)3. involving the sale, or possession for purposes of sale, of physical articles and the victim has granted the trade association written authorization to represent the victim's interests in criminal legal proceedings and to collect restitution on the victim's behalf. The restitution obligation in this paragraph relating to violations of s. 540.11(3)(a)3. applies only to physical articles and does not apply to electronic articles or digital files that are distributed or made available online. As used in this paragraph, the term “trade association” means an organization founded and funded by businesses that operate in a specific industry to protect their collective interests.

(2)(a) When an offense has resulted in bodily injury to a victim, a restitution order entered under subsection (1) shall require that the defendant:

1. Pay the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing.

2. Pay the cost of necessary physical and occupational therapy and rehabilitation.

3. Reimburse the victim for income lost by the victim as a result of the offense.

4. In the case of an offense which resulted in bodily injury that also resulted in the death of a victim, pay an amount equal to the cost of necessary funeral and related services.

(b) When an offense has not resulted in bodily injury to a victim, a restitution order entered under subsection (1) may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.

(3)(a) The court may require that the defendant make restitution under this section within a specified period or in specified installments.

(b) The end of such period or the last such installment shall not be later than:

1. The end of the period of probation if probation is ordered;

2. Five years after the end of the term of imprisonment imposed if the court does not order probation; or

3. Five years after the date of sentencing in any other case.

(c) Notwithstanding this subsection, a court that has ordered restitution for a misdemeanor offense shall retain jurisdiction for the purpose of enforcing the restitution order for any period, not to exceed 5 years, that is pronounced by the court at the time restitution is ordered.

(d) If not otherwise provided by the court under this subsection, restitution must be made immediately.

If the restitution ordered by the court is not made within the time period specified, the court may continue the restitution order through the duration of the civil judgment provision set forth in subsection (5) and as provided in s. 55.10.

(4) If a defendant is placed on probation or paroled, complete satisfaction of any restitution ordered under this section shall be a condition of such probation or parole. The court may revoke probation, and the Parole Commission may revoke parole, if the defendant fails to comply with such order.

(5) An order of restitution may be enforced by the state, or by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action. The outstanding unpaid amount of the order of restitution bears interest in accordance with s. 55.03, and, when properly recorded, becomes a lien on real estate owned by the defendant. If civil enforcement is necessary, the defendant shall be liable for costs and attorney's fees incurred by the victim in enforcing the order.

(6)(a) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense.

(b) The criminal court, at the time of enforcement of the restitution order, shall consider the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate.

(7) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense is on the state attorney. The burden of demonstrating the present financial resources and the absence of potential future financial resources of the defendant and the financial needs of the defendant and his or her dependents is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.

(8) The conviction of a defendant for an offense involving the act giving rise to restitution under this section shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding. An order of restitution hereunder will not bar any subsequent civil remedy or recovery, but the amount of such restitution shall be set off against any subsequent independent civil recovery.

(9) When a corporation or unincorporated association is ordered to make restitution, the person authorized to make disbursements from the assets of such corporation or association shall pay restitution from such assets, and such person may be held in contempt for failure to make such restitution.

(10)(a) Any default in payment of restitution may be collected by any means authorized by law for enforcement of a judgment.

(b) The restitution obligation is not subject to discharge in bankruptcy, whether voluntary or involuntary, or to any other statutory or common-law proceeding for relief against creditors.

(11)(a) The court may order the clerk of the court to collect and dispense restitution payments in any case.

(b) The court may order the Department of Corrections to collect and dispense restitution and other payments from persons remanded to its custody or supervision.

(12)(a) Issuance of income deduction order with an order for restitution.--

1. Upon the entry of an order for restitution, the court shall enter a separate order for income deduction if one has not been entered.

2. The income deduction order shall direct a payor to deduct from all income due and payable to the defendant the amount required by the court to meet the defendant's obligation.

3. The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.

4. When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state:

a. All fees or interest which shall be imposed.

b. The total amount of income to be deducted for each pay period.

c. That the income deduction order applies to current and subsequent payors and periods of employment.

d. That a copy of the income deduction order will be served on the defendant's payor or payors.

e. That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.

f. That the defendant is required to notify the clerk of court within 7 days after changes in the defendant's address, payors, and the addresses of his or her payors.

(b) Enforcement of income deduction orders.--

1. The clerk of court or probation officer shall serve an income deduction order and the notice to payor on the defendant's payor unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.

2. a. Service by or upon any person who is a party to a proceeding under this subsection shall be made in the manner prescribed in the Florida Rules of Civil Procedure for service upon parties.

b. Service upon the defendant's payor or successor payor under this subsection shall be made by prepaid certified mail, return receipt requested, or in the manner prescribed in chapter 48.

3. The defendant, within 15 days after having an income deduction order entered against him or her, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed. The timely request for a hearing shall stay the service of an income deduction order on all payors of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.

4. The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:

a. Require the payor to deduct from the defendant's income the amount specified in the income deduction order and to pay that amount to the clerk of court.

b. Instruct the payor to implement the income deduction order no later than the first payment date which occurs more than 14 days after the date the income deduction order was served on the payor.

c. Instruct the payor to forward within 2 days after each payment date to the clerk of court the amount deducted from the defendant's income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.

d. Specify that, if a payor fails to deduct the proper amount from the defendant's income, the payor is liable for the amount the payor should have deducted plus costs, interest, and reasonable attorney's fees.

e. Provide that the payor may collect up to $5 against the defendant's income to reimburse the payor for administrative costs for the first income deduction and up to $2 for each deduction thereafter.

f. State that the income deduction order and the notice to payor are binding on the payor until further notice by the court or until the payor no longer provides income to the defendant.

g. Instruct the payor that, when he or she no longer provides income to the defendant, the payor shall notify the clerk of court and shall also provide the defendant's last known address and the name and address of the defendant's new payor, if known, and that, if the payor violates this provision, the payor is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

h. State that the payor shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payor to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

i. Inform the payor that, when he or she receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of court, the payor may combine the amounts that are to be paid to the depository in a single payment as long as he or she identifies that portion of the payment attributable to each defendant.

j. Inform the payor that if the payor receives more than one income deduction order against the same defendant, he or she shall contact the court for further instructions.

5. The clerk of court shall enforce income deduction orders against the defendant's successor payor who is located in this state in the same manner prescribed in this subsection for the enforcement of an income deduction order against an original payor.

6. A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.

7. When a payor no longer provides income to a defendant, the payor shall notify the clerk of court and shall provide the defendant's last known address and the name and address of the defendant's new payor, if known. A payor who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for a subsequent violation.

CREDIT(S)

Laws 1977, c. 77-150, § 1; Laws 1979, c. 79-400, § 288; Laws 1984, c. 84-363, § 5; Laws 1988, c. 88-96, § 2; Laws 1988, c. 88-122, § 38; Laws 1989, c. 89-526, § 10. Amended by Laws 1992, c. 92-107, § 2, eff. July 1, 1992; Laws 1993, c. 93-37, § 1, eff. Oct. 1, 1993; Laws 1993, c. 93-69, § 3, eff. April 23, 1993; Laws 1994, c. 94-342, § 19, eff. July 1, 1994; Laws 1995, c. 95-160, § 1, eff. May 8, 1995; Laws 1997, c. 97-102, § 1187, eff. July 1, 1997; Laws 1999, c. 99-358, § 1, eff. Oct. 1, 1999; Laws 2012, c. 2012-17, § 1, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.09

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.09. Repealed by Laws 1971, c. 71-136, § 6

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.091

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.091. Public service

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

CREDIT(S)

Laws 1977, c. 77-150, § 2.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.10

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.10. Repealed by Laws 1971, c. 71-136, § 6

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.11

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.11. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.12

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.12. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.13

Effective: October 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

(2) Any person who has been convicted of a felony in any court of this state shall, within 48 hours after entering any county in this state, register with the sheriff of said county, be fingerprinted and photographed, and list the crime for which convicted, place of conviction, sentence imposed, if any, name, aliases, if any, address, and occupation. If the felony conviction is for an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the registrant shall identify himself or herself as such an offender. The Department of Law Enforcement, in consultation with appropriate local law enforcement agencies, may develop standardized practices for the inclusion of gang affiliation at the time of offender registration.

(3) Any person who has been convicted of a crime in any federal court or in any court of a state other than Florida, or of any foreign state or country, which crime if committed in Florida would be a felony, shall forthwith within 48 hours after entering any county in this state register with the sheriff of said county in the same manner as provided for in subsection (2).

(4) This section does not apply to an offender:

(a) Who has had his or her civil rights restored;

(b) Who has received a full pardon for the offense for which convicted;

(c) Who has been lawfully released from incarceration or other sentence or supervision for a felony conviction for more than 5 years prior to such time for registration, unless the offender is a fugitive from justice on a felony charge or has been convicted of any offense since release from such incarceration or other sentence or supervision;

(d) Who is a parolee or probationer under the supervision of the United States Parole Commission if the commission knows of and consents to the presence of the offender in Florida or is a probationer under the supervision of any federal probation officer in the state or who has been lawfully discharged from such parole or probation;

(e) Who is a sexual predator and has registered as required under s. 775.21;

(f) Who is a sexual offender and has registered as required in s. 943.0435 or s. 944.607; or

(g) Who is a career offender who has registered as required in s. 775.261 or s. 944.609.

(5) The failure of any such convicted felon to comply with this section:

(a) With regard to any felon not listed in paragraph (b), constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) With regard to any felon who has been found, pursuant to s. 874.04, to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Nothing in this section shall be construed to affect any law of this state relating to registration of criminals where the penalties for registration, notification, or reporting obligations are in addition to, or in excess of, those imposed by this section.

CREDIT(S)

Laws 1957, c. 57-19, §§ 1 to 7; Laws 1957, c. 57-371, § 1; Laws 1963, c. 63-191, § 1; Laws 1965, c. 65-453, § 1; Laws 1967, c. 67-2207, § 3; Laws 1969, c. 69-106, §§ 20, 33, 35; Laws 1971, c. 71-136, § 699; Laws 1977, c. 77-120, § 11; Laws 1977, c. 77-174, § 1; Laws 1979, c. 79-3, § 18; Laws 1979, c. 79-8, § 21; Laws 1983, c. 83-216, § 161. Amended by Laws 1996, c. 96-388, § 63, eff. July 1, 1996; Laws 1997, c. 97-299, § 4, eff. Oct. 1, 1997; Laws 1998, c. 98-81, § 2, eff. July 1, 1998; Laws 2000, c. 2000-328, § 1, eff. June 19, 2000; Laws 2002, c. 2002-266, § 1, eff. July 1, 2002; Laws 2004, c. 2004-371, § 5, eff. July 1, 2004; Laws 2008, c. 2008-238, § 1, eff. Oct. 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.14

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 years, shall not thereafter be sentenced for the conviction of the same crime for which sentence was originally withheld.

CREDIT(S)

Laws 1957, c. 57-284, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.15

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.

(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.

(b) A prosecution for any other felony must be commenced within 3 years after it is committed.

(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.

(3) An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

(4)(a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document.

(b) A prosecution on a charge on which the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant's absence from the state shall be considered. The failure to execute process on or extradite a defendant in another state who has been charged by information or indictment with a crime in this state shall not constitute an unreasonable delay.

(c) If, however, an indictment or information has been filed within the time period prescribed in this section and the indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed, the period for commencing prosecution shall be extended 3 months from the time the indictment or information is dismissed or set aside.

(5) The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state. This provision shall not extend the period of limitation otherwise applicable by more than 3 years, but shall not be construed to limit the prosecution of a defendant who has been timely charged by indictment or information or other charging document and who has not been arrested due to his or her absence from this state or has not been extradited for prosecution from another state.

(6) A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced at any time.

(7) A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a “destructive device,” as defined in s. 790.001, may be commenced within 10 years.

(8) A prosecution for a felony violation of chapter 517 or s. 409.920 must be commenced within 5 years after the violation is committed.

(9) A prosecution for a felony violation of chapter 403 must be commenced within 5 years after the date of discovery of the violation.

(10) A prosecution for a felony violation of s. 825.102 or s. 825.103 must be commenced within 5 years after it is committed.

(11) A prosecution for a felony violation of ss. 440.105 and 817.234 must be commenced within 5 years after the violation is committed.

(12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for:

(a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.

(b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within 2 years from the time he or she leaves public office or employment, or during any time permitted by any other part of this section, whichever time is greater.

(13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.

(b) If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003.

(c) If the offense is a violation of s. 794.011 and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2010.

(14) A prosecution for a first or second degree felony violation of s. 794.011, if the victim is 18 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours after commission of the offense, may be commenced at any time. If the offense is not reported within 72 hours after the commission of the offense, the prosecution must be commenced within the time periods prescribed in subsection (2).

(15)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced within 1 year after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:

1. An offense of sexual battery under chapter 794.

2. A lewd or lascivious offense under s. 800.04 or s. 825.1025.

(b) This subsection applies to any offense that is not otherwise barred from prosecution between July 1, 2004, and June 30, 2006.

(16)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:

1. Aggravated battery or any felony battery offense under chapter 784.

2. Kidnapping under s. 787.01 or false imprisonment under s. 787.02.

3. An offense of sexual battery under chapter 794.

4. A lewd or lascivious offense under s. 800.04, s. 825.1025, or s. 847.0135(5).

5. A burglary offense under s. 810.02.

6. A robbery offense under s. 812.13, s. 812.131, or s. 812.135.

7. Carjacking under s. 812.133.

8. Aggravated child abuse under s. 827.03.

(b) This subsection applies to any offense that is not otherwise barred from prosecution on or after July 1, 2006.

(17) In addition to the time periods prescribed in this section, a prosecution for video voyeurism in violation of s. 810.145 may be commenced within 1 year after the date on which the victim of video voyeurism obtains actual knowledge of the existence of such a recording or the date on which the recording is confiscated by a law enforcement agency, whichever occurs first. Any dissemination of such a recording before the victim obtains actual knowledge thereof or before its confiscation by a law enforcement agency does not affect any provision of this subsection.

CREDIT(S)

Act Feb. 10, 1832, § 78; Rev.St.1892, § 2357; Laws 1901, c. 4915, § 1; Gen.St.1906, §§ 3181, 3182; Rev.Gen.St.1920, §§ 5011, 5012; Comp.Gen.Laws 1927, §§ 7113, 7114; Laws 1935, c. 16962, § 1; Laws 1951, c. 26484, § 10; Fla.St.1969, §§ 932.05, 932.06; Laws 1970, c. 70-339, § 109; Fla.St.1970, Supp. § 915.03; Fla.St.1973, § 932.465; Laws 1974, c. 74-383, § 10; Laws 1976, c. 76-275, § 1; Laws 1977, c. 77-174, § 1; Laws 1978, c. 78-435, § 12; Laws 1984, c. 84-86, § 6; Laws 1984, c. 84-550, § 1; Laws 1985, c. 85-63, § 10; Laws 1989, c. 89-143, § 4; Laws 1990, c. 90-120, § 2; Laws 1991, c. 91-258, § 2. Amended by Laws 1993, c. 93-156, § 16, eff. Oct. 1, 1993; Laws 1995, c. 95-158, § 17, eff. July 1, 1995; Laws 1995, c. 95-418, § 139, eff. July 1, 1995; Laws 1996, c. 96-145, § 1, eff. Oct. 1, 1996; Laws 1996, c. 96-280, § 3, eff. Oct. 1, 1996; Laws 1996, c. 96-322, § 3, eff. Oct. 1, 1996; Laws 1996, c. 96-409, § 4, eff. Oct. 1, 1996; Laws 1997, c. 97-36, § 1, eff. Oct. 1, 1997; Laws 1997, c. 97-90, § 1, eff. July 1, 1997; Laws 1997, c. 97-102, § 1812, eff. July 1, 1997; Laws 1997, c. 97-104, § 1, eff. May 24, 1997; Laws 1998, c. 98-174, § 17, eff. Jan. 1, 1999; Laws 1999, c. 99-201, § 7, eff. Oct. 1, 1999; Laws 1999, c. 99-204, § 5, eff. Oct. 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2001, c. 2001-102, § 1, eff. Oct. 1, 2001; Laws 2002, c. 2002-168, § 1, eff. Oct. 1, 2002; Laws 2003, c. 2003-116, § 1, eff. Oct. 1, 2003; Laws 2004, c. 2004-94, § 1, eff. July 1, 2004; Laws 2005, c. 2005-110, § 1, eff. July 1, 2005; Laws 2006, c. 2006-266, § 1, eff. July 1, 2006; Laws 2008, c. 2008-172, § 15, eff. Oct. 1, 2008; Laws 2010, c. 2010-54, § 2, eff. July 1, 2010; Laws 2011, c. 2011-220, § 6, eff. July 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.16

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 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 any state or country which, if committed in this state, would constitute the felony of selling or trafficking in, or conspiracy to sell or traffic in, a controlled substance under chapter 893, is:

(1) Disqualified from applying for employment by any agency of the state, unless:

(a) The person has completed all sentences of imprisonment or supervisory sanctions imposed by the court, by the Parole Commission, or by law; or

1. Seek evaluation and enrollment in, and once enrolled maintain enrollment in until completion, a drug treatment and rehabilitation program which is approved by the Department of Children and Family Services, unless it is deemed by the program that the person does not have a substance abuse problem. The treatment and rehabilitation program may be specified by:

a. The court, in the case of court-ordered supervisory sanctions;

b. The Parole Commission, in the case of parole, control release, or conditional release; or

c. The Department of Corrections, in the case of imprisonment or any other supervision required by law.

2. Submit to periodic urine drug testing pursuant to procedures prescribed by the Department of Corrections. If the person is indigent, the costs shall be paid by the Department of Corrections.

(2) Disqualified from applying for a license, permit, or certificate required by any agency of the state to practice, pursue, or engage in any occupation, trade, vocation, profession, or business, unless:

(a) The person has completed all sentences of imprisonment or supervisory sanctions imposed by the court, by the Parole Commission, or by law;

(b) The person has complied with the conditions of subparagraphs 1. and 2. which shall be monitored by the Department of Corrections while the person is under any supervisory sanction. If the person fails to comply with provisions of these subparagraphs by either failing to maintain treatment or by testing positive for drug use, the department shall notify the licensing, permitting, or certifying agency, which may refuse to reissue or reinstate such license, permit, or certification. The licensee, permittee, or certificateholder under supervision may:

1. Seek evaluation and enrollment in, and once enrolled maintain enrollment in until completion, a drug treatment and rehabilitation program which is approved or regulated by the Department of Children and Family Services, unless it is deemed by the program that the person does not have a substance abuse problem. The treatment and rehabilitation program may be specified by:

a. The court, in the case of court-ordered supervisory sanctions;

b. The Parole Commission, in the case of parole, control release, or conditional release; or

c. The Department of Corrections, in the case of imprisonment or any other supervision required by law.

2. Submit to periodic urine drug testing pursuant to procedures prescribed by the Department of Corrections. If the person is indigent, the costs shall be paid by the Department of Corrections; or

The provisions of this section do not apply to any of the taxes, fees, or permits regulated, controlled, or administered by the Department of Revenue in accordance with the provisions of s. 213.05.

CREDIT(S)

Laws 1990, c. 90-266, § 2. Amended by Laws 1992, c. 92-310, § 21, eff. July 6, 1992; Laws 1995, c. 95-325, § 13, eff. July 1, 1995; Laws 1999, c. 99-8, § 292, eff. June 29, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.21

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 commencement or termination of enrollment or employment or a change in location of enrollment or employment.

(b) “Chief of police” means the chief law enforcement officer of a municipality.

(d) “Community” means any county where the sexual predator lives or otherwise establishes or maintains a temporary or permanent residence.

(e) “Conviction” 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. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.

(f) “Department” means the Department of Law Enforcement.

(g) “Electronic mail address” has the same meaning as provided in s. 668.602.

(h) “Entering the county” includes being discharged from a correctional facility or jail or secure treatment facility within the county or being under supervision within the county for the commission of a violation enumerated in subsection (4).

(i) “Instant message name” means an identifier that allows a person to communicate in real time with another person using the Internet.

(j) “Institution of higher education” means a career center, community college, college, state university, or independent postsecondary institution.

(k) “Permanent residence” means a place where the person abides, lodges, or resides for 5 or more consecutive days.

(l) “Temporary residence” means a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of 5 or more days in the aggregate during any calendar year and which is not the person's permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.

(m) “Transient residence” means a place or county where a person lives, remains, or is located for a period of 5 or more days in the aggregate during a calendar year and which is not the person's permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.

(3) Legislative findings and purpose; legislative intent.--

(a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.

(b) The high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:

1. Incarcerating sexual predators and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space.

2. Providing for specialized supervision of sexual predators who are in the community by specially trained probation officers with low caseloads, as described in ss. 947.1405(7) and 948.30. The sexual predator is subject to specified terms and conditions implemented at sentencing or at the time of release from incarceration, with a requirement that those who are financially able must pay all or part of the costs of supervision.

3. Requiring the registration of sexual predators, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public.

4. Providing for community and public notification concerning the presence of sexual predators.

5. Prohibiting sexual predators from working with children, either for compensation or as a volunteer.

(c) The state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual predators to register and for requiring community and public notification of the presence of sexual predators.

(d) It is the purpose of the Legislature that, upon the court's written finding that an offender is a sexual predator, in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator's presence. The designation of a person as a sexual predator is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes.

(e) It is the intent of the Legislature to address the problem of sexual predators by:

1. Requiring sexual predators supervised in the community to have special conditions of supervision and to be supervised by probation officers with low caseloads;

2. Requiring sexual predators to register with the Florida Department of Law Enforcement, as provided in this section; and

3. Requiring community and public notification of the presence of a sexual predator, as provided in this section.

(4) Sexual predator criteria.--

(a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a “sexual predator” under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if:

1. The felony is:

a. A capital, life, or first-degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the victim's parent or guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a violation of a similar law of another jurisdiction; or

b. Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025(2)(b); s. 827.071; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction;

2. The offender has not received a pardon for any felony or similar law of another jurisdiction that is necessary for the operation of this paragraph; and

3. A conviction of a felony or similar law of another jurisdiction necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(b) In order to be counted as a prior felony for purposes of this subsection, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony regardless of the date of offense of the prior felony.

(c) If an offender has been registered as a sexual predator by the Department of Corrections, the department, or any other law enforcement agency and if:

1. The court did not, for whatever reason, make a written finding at the time of sentencing that the offender was a sexual predator; or

2. The offender was administratively registered as a sexual predator because the Department of Corrections, the department, or any other law enforcement agency obtained information that indicated that the offender met the criteria for designation as a sexual predator based on a violation of a similar law in another jurisdiction,

the department shall remove that offender from the department's list of sexual predators and, for an offender described under subparagraph 1., shall notify the state attorney who prosecuted the offense that met the criteria for administrative designation as a sexual predator, and, for an offender described under this paragraph, shall notify the state attorney of the county where the offender establishes or maintains a permanent, temporary, or transient residence. The state attorney shall bring the matter to the court's attention in order to establish that the offender meets the criteria for designation as a sexual predator. If the court makes a written finding that the offender is a sexual predator, the offender must be designated as a sexual predator, must register or be registered as a sexual predator with the department as provided in subsection (6), and is subject to the community and public notification as provided in subsection (7). If the court does not make a written finding that the offender is a sexual predator, the offender may not be designated as a sexual predator with respect to that offense and is not required to register or be registered as a sexual predator with the department.

(d) An offender who has been determined to be a sexually violent predator pursuant to a civil commitment proceeding under chapter 394 shall be designated as a “sexual predator” under subsection (5) and subject to registration under subsection (6) and community and public notification under subsection (7).

(5) Sexual predator designation.--An offender is designated as a sexual predator as follows:

(a) 1. An offender who meets the sexual predator criteria described in paragraph (4)(d) is a sexual predator, and the court shall make a written finding at the time such offender is determined to be a sexually violent predator under chapter 394 that such person meets the criteria for designation as a sexual predator for purposes of this section. The clerk shall transmit a copy of the order containing the written finding to the department within 48 hours after the entry of the order;

2. An offender who meets the sexual predator criteria described in paragraph (4)(a) who is before the court for sentencing for a current offense committed on or after October 1, 1993, is a sexual predator, and the sentencing court must make a written finding at the time of sentencing that the offender is a sexual predator, and the clerk of the court shall transmit a copy of the order containing the written finding to the department within 48 hours after the entry of the order; or

3. If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that an offender who establishes or maintains a permanent, temporary, or transient residence in this state meets the sexual predator criteria described in paragraph (4)(a) or paragraph (4)(d) because the offender was civilly committed or committed a similar violation in another jurisdiction on or after October 1, 1993, the Department of Corrections, the department, or the law enforcement agency shall notify the state attorney of the county where the offender establishes or maintains a permanent, temporary, or transient residence of the offender's presence in the community. The state attorney shall file a petition with the criminal division of the circuit court for the purpose of holding a hearing to determine if the offender's criminal record or record of civil commitment from another jurisdiction meets the sexual predator criteria. If the court finds that the offender meets the sexual predator criteria because the offender has violated a similar law or similar laws in another jurisdiction, the court shall make a written finding that the offender is a sexual predator.

When the court makes a written finding that an offender is a sexual predator, the court shall inform the sexual predator of the registration and community and public notification requirements described in this section. Within 48 hours after the court designating an offender as a sexual predator, the clerk of the circuit court shall transmit a copy of the court's written sexual predator finding to the department. If the offender is sentenced to a term of imprisonment or supervision, a copy of the court's written sexual predator finding must be submitted to the Department of Corrections.

(b) If a sexual predator is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the sexual predator's fingerprints are taken and forwarded to the department within 48 hours after the court renders its written sexual predator finding. The fingerprint card shall be clearly marked, “Sexual Predator Registration Card.” The clerk of the court that convicts and sentences the sexual predator for the offense or offenses described in subsection (4) shall forward to the department and to the Department of Corrections a certified copy of any order entered by the court imposing any special condition or restriction on the sexual predator which restricts or prohibits access to the victim, if the victim is a minor, or to other minors.

(c) If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that an offender meets the sexual predator criteria but the court did not make a written finding that the offender is a sexual predator as required in paragraph (a), the Department of Corrections, the department, or the law enforcement agency shall notify the state attorney who prosecuted the offense for offenders described in subparagraph (a)1., or the state attorney of the county where the offender establishes or maintains a residence upon first entering the state for offenders described in subparagraph (a)3. The state attorney shall bring the matter to the court's attention in order to establish that the offender meets the sexual predator criteria. If the state attorney fails to establish that an offender meets the sexual predator criteria and the court does not make a written finding that an offender is a sexual predator, the offender is not required to register with the department as a sexual predator. The Department of Corrections, the department, or any other law enforcement agency shall not administratively designate an offender as a sexual predator without a written finding from the court that the offender is a sexual predator.

(d) A person who establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender, shall register in the manner provided in s. 943.0435 or s. 944.607 and shall be subject to community and public notification as provided in s. 943.0435 or s. 944.607. A person who meets the criteria of this section is subject to the requirements and penalty provisions of s. 943.0435 or s. 944.607 until the person provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state.

(6) Registration.--

(a) A sexual predator must register with the department through the sheriff's office by providing the following information to the department:

1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; photograph; address of legal residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state; address, location or description, and dates of any current or known future temporary residence within the state or out of state; any electronic mail address and any instant message name required to be provided pursuant to subparagraph (g)4.; home telephone number and any cellular telephone number; date and place of any employment; date and place of each conviction; fingerprints; and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address.

a. If the sexual predator's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide to the department written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a sexual predator's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

b. If the sexual predator is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual predator shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual predator's enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriff's office, or the Department of Corrections if the sexual predator is in the custody or control of or under the supervision of the Department of Corrections, within 48 hours after any change in status. The sheriff or the Department of Corrections shall promptly notify each institution of the sexual predator's presence and any change in the sexual predator's enrollment or employment status.

2. Any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers when available.

(b) If the sexual predator is in the custody or control of, or under the supervision of, the Department of Corrections, or is in the custody of a private correctional facility, the sexual predator must register with the Department of Corrections. A sexual predator who is under the supervision of the Department of Corrections but who is not incarcerated must register with the Department of Corrections within 3 business days after the court finds the offender to be a sexual predator. The Department of Corrections shall provide to the department registration information and the location of, and local telephone number for, any Department of Corrections office that is responsible for supervising the sexual predator. In addition, the Department of Corrections shall notify the department if the sexual predator escapes or absconds from custody or supervision or if the sexual predator dies.

(c) If the sexual predator is in the custody of a local jail, the custodian of the local jail shall register the sexual predator within 3 business days after intake of the sexual predator for any reason and upon release, and shall forward the registration information to the department. The custodian of the local jail shall also take a digitized photograph of the sexual predator while the sexual predator remains in custody and shall provide the digitized photograph to the department. The custodian shall notify the department if the sexual predator escapes from custody or dies.

(d) If the sexual predator is under federal supervision, the federal agency responsible for supervising the sexual predator may forward to the department any information regarding the sexual predator which is consistent with the information provided by the Department of Corrections under this section, and may indicate whether use of the information is restricted to law enforcement purposes only or may be used by the department for purposes of public notification.

(e) 1. If the sexual predator is not in the custody or control of, or under the supervision of, the Department of Corrections or is not in the custody of a private correctional facility, the sexual predator shall register in person:

a. At the sheriff's office in the county where he or she establishes or maintains a residence within 48 hours after establishing or maintaining a residence in this state; and

b. At the sheriff's office in the county where he or she was designated a sexual predator by the court within 48 hours after such finding is made.

2. Any change in the sexual predator's permanent or temporary residence, name, or any electronic mail address and any instant message name required to be provided pursuant to subparagraph (g)4., after the sexual predator registers in person at the sheriff's office as provided in subparagraph 1., shall be accomplished in the manner provided in paragraphs (g), (i), and (j). When a sexual predator registers with the sheriff's office, the sheriff shall take a photograph and a set of fingerprints of the predator and forward the photographs and fingerprints to the department, along with the information that the predator is required to provide pursuant to this section.

(f) Within 48 hours after the registration required under paragraph (a) or paragraph (e), a sexual predator who is not incarcerated and who resides in the community, including a sexual predator under the supervision of the Department of Corrections, shall register in person at a driver's license office of the Department of Highway Safety and Motor Vehicles and shall present proof of registration. At the driver's license office the sexual predator shall:

1. If otherwise qualified, secure a Florida driver's license, renew a Florida driver's license, or secure an identification card. The sexual predator shall identify himself or herself as a sexual predator who is required to comply with this section, provide his or her place of permanent, temporary, or transient residence, including a rural route address and a post office box, and submit to the taking of a photograph for use in issuing a driver's license, renewed license, or identification card, and for use by the department in maintaining current records of sexual predators. A post office box shall not be provided in lieu of a physical residential address. If the sexual predator's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide to the Department of Highway Safety and Motor Vehicles the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a sexual predator's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide to the Department of Highway Safety and Motor Vehicles the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

2. Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's license or identification card as required by this section. The driver's license or identification card issued to the sexual predator must be in compliance with s. 322.141(3).

3. Provide, upon request, any additional information necessary to confirm the identity of the sexual predator, including a set of fingerprints.

(g) 1. Each time a sexual predator's driver's license or identification card is subject to renewal, and, without regard to the status of the predator's driver's license or identification card, within 48 hours after any change of the predator's residence or change in the predator's name by reason of marriage or other legal process, the predator shall report in person to a driver's license office and shall be subject to the requirements specified in paragraph (f). The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by sexual predators. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles is authorized to release a reproduction of a color-photograph or digital-image license to the Department of Law Enforcement for purposes of public notification of sexual predators as provided in this section.

2. A sexual predator who vacates a permanent, temporary, or transient residence and fails to establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the permanent, temporary, or transient residence, report in person to the sheriff's office of the county in which he or she is located. The sexual predator shall specify the date upon which he or she intends to or did vacate such residence. The sexual predator must provide or update all of the registration information required under paragraph (a). The sexual predator must provide an address for the residence or other place that he or she is or will be located during the time in which he or she fails to establish or maintain a permanent or temporary residence.

3. A sexual predator who remains at a permanent, temporary, or transient residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the predator indicated he or she would or did vacate such residence, report in person to the sheriff's office to which he or she reported pursuant to subparagraph 2. for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under subparagraph 2. but fails to make a report as required under this subparagraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

4. A sexual predator must register any electronic mail address or instant message name with the department prior to using such electronic mail address or instant message name on or after October 1, 2007. The department shall establish an online system through which sexual predators may securely access and update all electronic mail address and instant message name information.

(h) The department must notify the sheriff and the state attorney of the county and, if applicable, the police chief of the municipality, where the sexual predator maintains a residence.

(i) A sexual predator who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. The sexual predator must provide to the sheriff the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual predator. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual predator's intended residence. The failure of a sexual predator to provide his or her intended place of residence is punishable as provided in subsection (10).

(j) A sexual predator who indicates his or her intent to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 48 hours after the date upon which the sexual predator indicated he or she would leave this state, report in person to the sheriff to which the sexual predator reported the intended change of residence, and report his or her intent to remain in this state. If the sheriff is notified by the sexual predator that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. A sexual predator who reports his or her intent to establish a permanent, temporary, or transient residence in another state or jurisdiction, but who remains in this state without reporting to the sheriff in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(k) 1. The department is responsible for the online maintenance of current information regarding each registered sexual predator. The department must maintain hotline access for state, local, and federal law enforcement agencies to obtain instantaneous locator file and offender characteristics information on all released registered sexual predators for purposes of monitoring, tracking, and prosecution. The photograph and fingerprints do not have to be stored in a computerized format.

2. The department's sexual predator registration list, containing the information described in subparagraph (a)1., is a public record. The department is authorized to disseminate this public information by any means deemed appropriate, including operating a toll-free telephone number for this purpose. When the department provides information regarding a registered sexual predator to the public, department personnel must advise the person making the inquiry that positive identification of a person believed to be a sexual predator cannot be established unless a fingerprint comparison is made, and that it is illegal to use public information regarding a registered sexual predator to facilitate the commission of a crime.

3. The department shall adopt guidelines as necessary regarding the registration of sexual predators and the dissemination of information regarding sexual predators as required by this section.

(l) A sexual predator must maintain registration with the department for the duration of his or her life, unless the sexual predator has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that met the criteria for the sexual predator designation.

(7) Community and public notification.--

(a) Law enforcement agencies must inform members of the community and the public of a sexual predator's presence. Upon notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or temporary residence shall notify members of the community and the public of the presence of the sexual predator in a manner deemed appropriate by the sheriff or the chief of police. Within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed child care facility, elementary school, middle school, and high school within a 1-mile radius of the temporary or permanent residence of the sexual predator of the presence of the sexual predator. Information provided to members of the community and the public regarding a sexual predator must include:

1. The name of the sexual predator;

2. A description of the sexual predator, including a photograph;

3. The sexual predator's current permanent, temporary, and transient addresses, and descriptions of registered locations that have no specific street address, including the name of the county or municipality if known;

4. The circumstances of the sexual predator's offense or offenses; and

5. Whether the victim of the sexual predator's offense or offenses was, at the time of the offense, a minor or an adult.

This paragraph does not authorize the release of the name of any victim of the sexual predator.

(b) The sheriff or the police chief may coordinate the community and public notification efforts with the department. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the department.

(c) The department shall notify the public of all designated sexual predators through the Internet. The Internet notice shall include the information required by paragraph (a).

(d) The department shall adopt a protocol to assist law enforcement agencies in their efforts to notify the community and the public of the presence of sexual predators.

(8) Verification.--The department and the Department of Corrections shall implement a system for verifying the addresses of sexual predators. The system must be consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 [FN1] and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. The Department of Corrections shall verify the addresses of sexual predators who are not incarcerated but who reside in the community under the supervision of the Department of Corrections and shall report to the department any failure by a sexual predator to comply with registration requirements. County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual predators who are not under the care, custody, control, or supervision of the Department of Corrections. Local law enforcement agencies shall report to the department any failure by a sexual predator to comply with registration requirements.

(a) A sexual predator must report in person each year during the month of the sexual predator's birthday and during every third month thereafter to the sheriff's office in the county in which he or she resides or is otherwise located to reregister. The sheriff's office may determine the appropriate times and days for reporting by the sexual predator, which shall be consistent with the reporting requirements of this paragraph. Reregistration shall include any changes to the following information:

1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state; address, location or description, and dates of any current or known future temporary residence within the state or out of state; any electronic mail address and any instant message name required to be provided pursuant to subparagraph (6)(g)4.; home telephone number and any cellular telephone number; date and place of any employment; vehicle make, model, color, and license tag number; fingerprints; and photograph. A post office box shall not be provided in lieu of a physical residential address.

2. If the sexual predator is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual predator shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual predator's enrollment or employment status.

3. If the sexual predator's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual predator's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

(b) The sheriff's office shall, within 2 working days, electronically submit and update all information provided by the sexual predator to the department in a manner prescribed by the department.

(9) Immunity.--The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a sexual predator fails to report or falsely reports his or her current place of permanent or temporary residence.

(10) Penalties.--

(a) Except as otherwise specifically provided, a sexual predator who fails to register; who fails, after registration, to maintain, acquire, or renew a driver's license or identification card; who fails to provide required location information, electronic mail address information, instant message name information, home telephone number and any cellular telephone number, or change-of-name information; who fails to make a required report in connection with vacating a permanent residence; who fails to reregister as required; who fails to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence; or who otherwise fails, by act or omission, to comply with the requirements of this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation, or attempted violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction when the victim of the offense was a minor, and who works, whether for compensation or as a volunteer, at any business, school, child care facility, park, playground, or other place where children regularly congregate, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Any person who misuses public records information relating to a sexual predator, as defined in this section, or a sexual offender, as defined in s. 943.0435 or s. 944.607, to secure a payment from such a predator or offender; who knowingly distributes or publishes false information relating to such a predator or offender which the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(d) A sexual predator who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual predator, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual predator. In addition, a sexual predator may be prosecuted for any such act or omission in the county in which he or she was designated a sexual predator.

(e) An arrest on charges of failure to register, the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register when the predator has been provided and advised of his or her statutory obligation to register under subsection (6). A sexual predator's failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual predator charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual predator who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register.

(f) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual predator of criminal liability for the failure to register.

(g) Any person who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this section:

1. Withholds information from, or does not notify, the law enforcement agency about the sexual predator's noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual predator;

2. Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual predator;

3. Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual predator; or

4. Provides information to the law enforcement agency regarding the sexual predator which the person knows to be false information,

commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This paragraph does not apply if the sexual predator is incarcerated in or is in the custody of a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility.

CREDIT(S)

Added by Laws 1993, c. 93-277, § 1, eff. Oct. 1, 1993. Amended by Laws 1995, c. 95-264, § 1, eff. Oct. 1, 1995; Laws 1995, c. 95-283, § 54, eff. June 15, 1995; Laws 1996, c. 96-388, § 61, eff. July 1, 1996; Laws 1997, c. 97-299, § 5, eff. Oct. 1, 1997; Laws 1998, c. 98-81, § 3, eff. Oct. 1, 1998; Laws 1998, c. 98-267, § 1, eff. July 1, 1998; Laws 2000, c. 2000-207, § 1, eff. July 1, 2000; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2000, c. 2000-349, § 113, eff. Sept. 1, 2000; Laws 2002, c. 2002-58, § 1, eff. July 1, 2002; Laws 2004, c. 2004-371, § 1, eff. July 1, 2004; Laws 2004, c. 2004-373, § 33, eff. July 1, 2004; Laws 2005, c. 2005-28, § 3, eff. Sept. 1, 2005; Laws 2005, c. 2005-67, § 5, eff. Jan. 1, 2006; Laws 2006, c. 2006-200, § 1, eff. July 1, 2006; Laws 2006, c. 2006-235, § 1, eff. July 1, 2006; Laws 2006, c. 2006-299, § 2, eff. July 1, 2006; Laws 2007, c. 2007-5, § 150, eff. July 3, 2007; Laws 2007, c. 2007-143, § 9, eff. Oct. 1, 2007; Laws 2007, c. 2007-207, § 3, eff. July 1, 2007; Laws 2007, c. 2007-209, § 1, eff. July 1, 2007; Laws 2008, c. 2008-172, § 16, eff. Oct. 1, 2008; Laws 2009, c. 2009-194, § 2, eff. July 1, 2009; Laws 2010, c. 2010-92, § 2, eff. May 26, 2010; Laws 2012, c. 2012-19, § 2, eff. Oct. 1, 2012; Laws 2012, c. 2012-97, § 3, eff. July 1, 2012.

[FN1] 42 U.S.C.A. § 16901 et seq.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.215

Effective: May 26, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 designated as being used for recreational purposes and where children regularly congregate.

(c) “Playground” means a designated independent area in the community or neighborhood that is designated solely for children and has one or more play structures.

(d) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, the Florida Virtual School as established under s. 1002.37, and a K-8 Virtual School as established under s. 1002.415, but does not include facilities dedicated exclusively to the education of adults.

(2)(a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.

(b) A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) This subsection applies to any person convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur on or after October 1, 2004, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.

(3)(a) A person who has been convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.

(b) A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) This subsection applies to any person convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 if such offense occurred on or after May 26, 2010, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.

CREDIT(S)

Added by Laws 2004, c. 2004-55, § 2, eff. Oct. 1, 2004. Amended by Laws 2008, c. 2008-172, § 21, eff. Oct. 1, 2008. Renumbered from 794.065 and amended by Laws 2010, c. 2010-92, § 3, eff. May 26, 2010. Amended by Laws 2010, c. 2010-92, § 18, eff. May 26, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.22

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.22. Repealed by Laws 1996, c. 96-388, § 62, eff. July 1, 1996

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.225

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.225. Repealed by Laws 1996, c. 96-388, § 62, eff. July 1, 1996

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.23

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

775.23. Repealed by Laws 1996, c. 96-388, § 62, eff. July 1, 1996

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.24

Effective: July 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 requirements imposed upon sexual predators and sexual offenders pursuant to the laws of this state and prevent persons or entities from carrying out the duties imposed, or exercising the authority conferred, by such laws. The laws relating to sexual predators and sexual offenders are substantive law. Furthermore, the Congress of the United States has expressly encouraged every state to enact such laws, and has provided that, to the extent that a state's laws do not meet certain federal requirements, the state will lose significant federal funding provided to the state for law enforcement and public safety programs. Unless a court that enters such an order determines that a person or entity is not operating in accordance with the laws governing sexual predators or sexual offenders, or that such laws or any part of such laws are unconstitutional or unconstitutionally applied, the court unlawfully encroaches on the Legislature's exclusive power to make laws and places at risk significant public interests of the state.

(2) If a person meets the criteria in this chapter for designation as a sexual predator or meets the criteria in s. 943.0435, s. 944.606, s. 944.607, or any other law for classification as a sexual offender, the court may not enter an order, for the purpose of approving a plea agreement or for any other reason, which:

(a) Exempts a person who meets the criteria for designation as a sexual predator or classification as a sexual offender from such designation or classification, or exempts such person from the requirements for registration or community and public notification imposed upon sexual predators and sexual offenders;

(b) Restricts the compiling, reporting, or release of public records information that relates to sexual predators or sexual offenders; or

(c) Prevents any person or entity from performing its duties or operating within its statutorily conferred authority as such duty or authority relates to sexual predators or sexual offenders.

(3) If the court enters an order that affects an agency's performance of a duty imposed under the laws governing sexual predators or sexual offenders, or that limits the agency's exercise of authority conferred under such laws, the Legislature strongly encourages the affected agency to file a motion in the court that entered such order. The affected agency may, within 1 year after the receipt of any such order, move to modify or set aside the order or, if such order is in the nature of an injunction, move to dissolve the injunction. Grounds for granting any such motion include, but need not be limited to:

(a) The affected agency was not properly noticed.

(b) The court is not authorized to enjoin the operation of a statute that has been duly adjudged constitutional and operative unless the statute is illegally applied or unless the statute or the challenged part of it is unconstitutional on adjudicated grounds.

(d) To the extent that the order is based upon actions the agency might take, the court's order is premature and, if and when such actions are taken, these actions may be challenged in appropriate proceedings to determine their enforceability.

(e) The injunction affects the public interest and would cause injury to the public.

(f) The order creates an unenforceable, perpetual injunction.

(g) The order seeks to restrict the agency in the performance of its duties outside the court's territorial jurisdiction.

CREDIT(S)

Added by Laws 1998, c. 98-81, § 4, eff. July 1, 1998. Amended by Laws 2002, c. 2002-58, § 2, eff. July 1, 2002; Laws 2004, c. 2004-371, § 7, eff. July 1, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.25

Effective: July 1, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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, or former s. 947.177 may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual predator or sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual predator or sexual offender. In addition, a sexual predator may be prosecuted for any such act or omission in the county in which he or she was designated a sexual predator.

CREDIT(S)

Added by Laws 1998, c. 98-81, § 5, eff. July 1, 1998. Amended by Laws 2004, c. 2004-371, § 8, eff. July 1, 2004; Laws 2010, c. 2010-117, § 2, eff. July 1, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.26

Effective: July 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 finds that requiring these career offenders to register for the purpose of tracking these career offenders and that providing for notifying the public and a community of the presence of a career offender are important aids to law enforcement agencies, the public, and communities if a career offender engages again in criminal conduct. Registration is intended to aid law enforcement agencies in timely apprehending a career offender. Registration is not a punishment, but merely a status. Notification to the public and communities of the presence of a career offender aids the public and communities in avoiding being victimized by a career offender. The Legislature intends to require the registration of career offenders and to authorize law enforcement agencies to notify the public and communities of the presence of a career offender.

CREDIT(S)

Added by Laws 2002, c. 2002-266, § 2, eff. July 1, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.261

Effective: July 1, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 designated as a habitual violent felony offender, a violent career criminal, or a three-time violent felony offender under s. 775.084 or as a prison releasee reoffender under s. 775.082(9).

(b) “Chief of police” means the chief law enforcement officer of a municipality.

(c) “Community” means any county where the career offender lives or otherwise establishes or maintains a temporary or permanent residence.

(d) “Department” means the Department of Law Enforcement.

(e) “Entering the county” includes being discharged from a correctional facility, jail, or secure treatment facility within the county or being under supervision within the county with a career-offender designation as specified in paragraph (a).

(f) “Permanent residence” means a place where the career offender abides, lodges, or resides for 14 or more consecutive days.

(g) “Temporary residence” means:

1. A place where the career offender abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the career offender's permanent address;

2. For a career offender whose permanent residence is not in this state, a place where the career offender is employed, practices a vocation, or is enrolled as a student for any period of time in this state; or

3. A place where the career offender routinely abides, lodges, or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the career offender's permanent residence, including any out-of-state address.

(3) Criteria for registration as a career offender.--

(a) A career offender released on or after July 1, 2002, from a sanction imposed in this state must register as required under subsection (4) and is subject to community and public notification as provided under subsection (5). For purposes of this section, a sanction imposed in this state includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, private correctional facility, or local detention facility, and:

1. The career offender has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph; or

2. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(b) This section does not apply to any person who has been designated as a sexual predator and required to register under s. 775.21 or who is required to register as a sexual offender under s. 943.0435 or s. 944.607. However, if a person is no longer required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435 or s. 944.607, the person must register as a career offender under this section if the person is otherwise designated as a career offender as provided in this section.

(c) A person subject to registration as a career offender is not subject to registration as a convicted felon under s. 775.13. However, if the person is no longer required to register as a career offender under this section, the person must register under s. 775.13 if required to do so under that section.

(d) If a career offender is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the career offender's fingerprints are taken and forwarded to the department within 48 hours after the court renders its finding that an offender is a career offender. The fingerprint card shall be clearly marked, “Career Offender Registration Card.”

(4) Registration.--

(a) A career offender must register with the department by providing the following information to the department, or to the sheriff's office in the county in which the career offender establishes or maintains a permanent or temporary residence, within 2 working days after establishing permanent or temporary residence in this state or within 2 working days after being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility:

1. Name, social security number, age, race, gender, date of birth, height, weight, hair and eye color, photograph, address of legal residence and address of any current temporary residence within the state or out of state, including a rural route address or a post office box, date and place of any employment, date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the career offender. A career offender may not provide a post office box in lieu of a physical residential address. If the career offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the career offender shall also provide to the department written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the career offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

(b) If a career offender registers with the sheriff's office, the sheriff shall take a photograph and a set of fingerprints of the career offender and forward the photographs and fingerprints to the department, along with the information that the career offender is required to provide pursuant to this section.

(c) Within 2 working days after the registration required under paragraph (a), a career offender who is not incarcerated and who resides in the community, including a career offender under the supervision of the Department of Corrections pursuant to s. 944.608, shall register in person at a driver's license office of the Department of Highway Safety and Motor Vehicles and shall present proof of registration. At the driver's license office, the career offender shall:

1. If otherwise qualified, secure a Florida driver's license, renew a Florida driver's license, or secure an identification card. The career offender shall identify himself or herself as a career offender who is required to comply with this section, provide his or her place of permanent or temporary residence, including a rural route address or a post office box, and submit to the taking of a photograph for use in issuing a driver's license, renewed license, or identification card, and for use by the department in maintaining current records of career offenders. The career offender may not provide a post office box in lieu of a physical residential address. If the career offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the career offender shall also provide to the Department of Highway Safety and Motor Vehicles the vehicle identification number; the license tag number; the motor vehicle registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the career offender shall also provide to the Department of Highway Safety and Motor Vehicles the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

2. Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's license or identification card as required by this section.

3. Provide, upon request, any additional information necessary to confirm the identity of the career offender, including a set of fingerprints.

(d) Each time a career offender's driver's license or identification card is subject to renewal, and within 2 working days after any change of the career offender's residence or change in the career offender's name by reason of marriage or other legal process, the career offender must report in person to a driver's license office, and shall be subject to the requirements specified in paragraph (c). The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by career offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles may release a reproduction of a color-photograph or digital-image license to the department for purposes of public notification of career offenders as provided in this section.

(e) If the career offender registers at an office of the department, the department must notify the sheriff and, if applicable, the police chief of the municipality, where the career offender maintains a residence within 48 hours after the career offender registers with the department.

(f) A career offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence or the department within 2 working days before the date he or she intends to leave this state to establish residence in another state or jurisdiction other than the State of Florida. If the career offender is under the supervision of the Department of Corrections, the career offender shall notify the supervising probation officer of his or her intent to transfer supervision, satisfy all transfer requirements pursuant to the Interstate Compact for Supervision of Adult Offenders, as provided in s. 949.07, and abide by the decision of the receiving jurisdiction to accept or deny transfer. The career offender must provide to the sheriff or department the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the career offender. The failure of a career offender to provide his or her intended place of residence is punishable as provided in subsection (8).

(g) A career offender who indicates his or her intent to reside in a state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 2 working days after the date upon which the career offender indicated he or she would leave this state, report in person to the sheriff or the department, whichever agency is the agency to which the career offender reported the intended change of residence, of his or her intent to remain in this state. If the sheriff is notified by the career offender that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. A career offender who reports his or her intent to reside in a state or jurisdiction other than the State of Florida, but who remains in this state without reporting to the sheriff or the department in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(h) 1. The department shall maintain online computer access to the current information regarding each registered career offender. The department must maintain hotline access so that state, local, and federal law enforcement agencies may obtain instantaneous locator file and criminal characteristics information on release and registration of career offenders for purposes of monitoring, tracking, and prosecution. The photograph and fingerprints need not be stored in a computerized format.

2. The department's career offender registration list, containing the information described in subparagraph (a)1., is a public record. The department may disseminate this public information by any means deemed appropriate, including operating a toll-free telephone number for this purpose. When the department provides information regarding a career offender to the public, department personnel must advise the person making the inquiry that positive identification of a person believed to be a career offender cannot be established unless a fingerprint comparison is made, and that it is illegal to use public information regarding a career offender to facilitate the commission of a crime.

3. The department shall adopt guidelines as necessary regarding the registration of a career offender and the dissemination of information regarding a career offender as required by this section.

(i) A career offender must maintain registration with the department for the duration of his or her life, unless the career offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a career offender for purposes of registration. However, a registered career offender who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court of the circuit in which the registered career offender resides for the purpose of removing the requirement for registration as a career offender. The court may grant or deny such relief if the registered career offender demonstrates to the court that he or she has not been arrested for any crime since release and the court is otherwise satisfied that the registered career offender is not a current or potential threat to public safety. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the registered career offender may again petition the court for relief, subject to the standards for relief provided in this paragraph. The department shall remove a person from classification as a career offender for purposes of registration if the person provides to the department a certified copy of the court's written findings or order that indicates that the person is no longer required to comply with the requirements for registration as a career offender.

(5) Community and public notification.--

(a) Law enforcement agencies may inform the community and the public of the presence of a career offender in the community. Upon notification of the presence of a career offender, the sheriff of the county or the chief of police of the municipality where the career offender establishes or maintains a permanent or temporary residence may notify the community and the public of the presence of the career offender in a manner deemed appropriate by the sheriff or the chief of police.

(6) Verification.--The department and the Department of Corrections shall implement a system for verifying the addresses of career offenders. The sheriff of each county shall annually verify the addresses of career offenders who are not under the care, custody, control, or supervision of the Department of Corrections. The sheriff shall promptly provide the address verification information to the department in an electronic format. The address verification information must include the verifying person's name, agency, and phone number, the date of verification, and the method of verification, and must specify whether the address information was verified as correct, incorrect, or unconfirmed.

(7) Immunity.--The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a career offender fails to report or falsely reports his or her current place of permanent or temporary residence.

(8) Penalties.--

(a) Except as otherwise specifically provided, a career offender who fails to register; who fails, after registration, to maintain, acquire, or renew a driver's license or identification card; who fails to provide required location information or change-of-name information; or who otherwise fails, by act or omission, to comply with the requirements of this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any person who misuses public records information concerning a career offender, as defined in this section, or a career offender, as defined in s. 944.608 or s. 944.609, to secure a payment from such career offender; who knowingly distributes or publishes false information concerning such a career offender which the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(9) Prosecutions for acts or omissions.--A career offender who commits any act or omission in violation of this section, s. 944.608, or s. 944.609 may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the career offender, the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a career offender, or in the county in which he or she was designated a career offender.

(10) Assisting in noncompliance.--It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person who has reason to believe that a career offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the career offender in eluding a law enforcement agency that is seeking to find the career offender to question the career offender about, or to arrest the career offender for, his or her noncompliance with the requirements of this section, to:

(a) Withhold information from, or fail to notify, the law enforcement agency about the career offender's noncompliance with the requirements of this section and, if known, the whereabouts of the career offender;

(b) Harbor or attempt to harbor, or assist another in harboring or attempting to harbor, the career offender;

(d) Provide information to the law enforcement agency regarding the career offender which the person knows to be false.

CREDIT(S)

Added by Laws 2002, c. 2002-266, § 3, eff. July 1, 2002. Amended by Laws 2004, c. 2004-371, § 9, eff. July 1, 2004; Laws 2006, c. 2006-200, § 2, eff. July 1, 2006; Laws 2010, c. 2010-69, § 1, eff. July 1, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.30

Effective: December 10, 2001

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 is a violation of the criminal laws of this state or of the United States; or

(b) Involves a violation of s. 815.06; and

(2) Is intended to:

(a) Intimidate, injure, or coerce a civilian population;

(b) Influence the policy of a government by intimidation or coercion; or

(c) Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

CREDIT(S)

Added by Laws 2001, c. 2001-356, § 1, eff. Dec. 10, 2001; Laws 2001, c. 2001-365, § 5, eff. Dec. 10, 2001; Laws 2001, c. 2001-366, § 1, eff. Dec. 10, 2001.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 775.31

Effective: December 10, 2001

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 775. Definitions; General Penalties; Registration of Criminals (Refs & Annos)

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 or misdemeanor to the next higher degree as provided in this section. The reclassification shall be made in the following manner:

(a) In the case of a misdemeanor of the second degree, the offense is reclassified as a misdemeanor of the first degree.

(b) In the case of a misdemeanor of the first degree, the offense is reclassified as a felony of the third degree.

(d) In the case of a felony of the second degree, the offense is reclassified as a felony of the first degree.

(e) In the case of a felony of the first degree or a felony of the first degree punishable by a term of imprisonment not exceeding life, the offense is reclassified as a life felony.

(2) For purposes of sentencing under chapter 921, the following offense severity ranking levels apply:

(a) An offense that is a misdemeanor of the first degree and that is reclassified under this section as a felony of the third degree is ranked in level 2 of the offense severity ranking chart.

(b) A felony offense that is reclassified under this section is ranked one level above the ranking specified in s. 921.0022 or s. 921.0023 for the offense committed.

(3) As used in this section, the term “terrorism” means an activity that:

(a) 1. Involves 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; or

2. Involves a violation of s. 815.06; and

(b) Is intended to:

1. Intimidate, injure, or coerce a civilian population;

2. Influence the policy of a government by intimidation or coercion; or

3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

CREDIT(S)

Added by Laws 2001, c. 2001-357, § 1, eff. Dec. 10, 2001.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 776, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force

FORMER PROVISIONS

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.01. Repealed by Laws 1957, c. 57-310, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.011

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.011. Renumbered as 777.011 by Laws 1974, c. 74-383, § 11

See, now, F.S.A. § 777.011

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.012

Effective: October 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.012. Use of force in defense of person

A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to s. 776.013.

CREDIT(S)

Laws 1974, c. 74-383, § 13. Amended by Laws 1997, c. 97-102, § 1188, eff. July 1, 1997; Laws 2005, c. 2005-27, § 2, eff. Oct. 1, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.013

Effective: October 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

CREDIT(S)

Added by Laws 2005, c. 2005-27, § 1, eff. Oct. 1, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.02. Repealed by Laws 1957, c. 57-310, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.021

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.021. Repealed by Laws 1975, c. 75-298, § 46

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.03. Renumbered as 777.03 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 777.03

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.031

Effective: October 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.031. Use of force in defense of others

A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

CREDIT(S)

Laws 1974, c. 74-383, § 13. Amended by Laws 1997, c. 97-102, § 1189, eff. July 1, 1997; Laws 2005, c. 2005-27, § 3, eff. Oct. 1, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.032

Effective: October 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.032. Immunity from criminal prosecution and civil action for justifiable use of force

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

CREDIT(S)

Added by Laws 2005, c. 2005-27, § 4, eff. Oct. 1, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.04. Renumbered as 777.04 by Laws 1974, c. 74-383, § 12

See, now, F.S.A. § 777.04

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.041

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.041. Use of force by aggressor

The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

CREDIT(S)

Laws 1974, c. 74-383, § 13. Amended by Laws 1997, c. 97-102, § 1190, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.05. Law enforcement officers; use of force in making an arrest

A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:

(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;

(2) When necessarily committed in retaking felons who have escaped; or

(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and:

(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or

(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

CREDIT(S)

Laws 1974, c. 74-383, § 13; Laws 1975, c. 75-64, § 1; Laws 1987, c. 87-147, § 1; Laws 1988, c. 88-381, § 54. Amended by Laws 1997, c. 97-102, § 1191, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.051

Effective: July 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.051. Use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition

(1) A person is not justified in the use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer.

(2) A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful.

CREDIT(S)

Laws 1974, c. 74-383, § 13. Amended by Laws 1997, c. 97-102, § 1192, eff. July 1, 1997; Laws 2008, c. 2008-67, § 1, eff. July 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.06. Deadly force

(1) The term “deadly force” means force that is likely to cause death or great bodily harm and includes, but is not limited to:

(a) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and

(b) The firing of a firearm at a vehicle in which the person to be arrested is riding.

(2)(a) The term “deadly force” does not include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of his or her official duties which is loaded with a less-lethal munition. As used in this subsection, the term “less-lethal munition” means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body.

(b) A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of his or her official duties.

CREDIT(S)

Laws 1974, c. 74-383, § 13. Amended by Laws 1999, c. 99-272, § 1, eff. July 1, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.07. Use of force to prevent escape

(1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.

(2) A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.

CREDIT(S)

Laws 1974, c. 74-383, § 13. Amended by Laws 1995, c. 95-283, § 7, eff. June 15, 1995; Laws 1997, c. 97-102, § 1193, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.08

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.08. Forcible felony

“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

CREDIT(S)

Laws 1974, c. 74-383, § 13; Laws 1975, c. 75-298, § 4; Laws 1979, c. 79-400, § 289. Amended by Laws 1993, c. 93-212, § 5, eff. July 1, 1993; Laws 1995, c. 95-195, § 10, eff. July 1, 1995.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 776.085

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 776. Justifiable Use of Force (Refs & Annos)

776.085. Defense to civil action for damages; party convicted of forcible or attempted forcible felony

(1) It shall be a defense to any action for damages for personal injury or wrongful death, or for injury to property, that such action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony. The defense authorized by this section shall be established by evidence that the participant has been convicted of such forcible felony or attempted forcible felony, or by proof of the commission of such crime or attempted crime by a preponderance of the evidence.

(2) For the purposes of this section, the term “forcible felony” shall have the same meaning as in s. 776.08.

(3) Any civil action in which the defense recognized by this section is raised shall be stayed by the court on the motion of the civil defendant during the pendency of any criminal action which forms the basis for the defense, unless the court finds that a conviction in the criminal action would not form a valid defense under this section.

(4) In any civil action where a party prevails based on the defense created by this section:

(a) The losing party, if convicted of and incarcerated for the crime or attempted crime, shall, as determined by the court, lose any privileges provided by the correctional facility, including, but not limited to:

1. Canteen purchases;

2. Telephone access;

3. Outdoor exercise;

4. Use of the library; and

5. Visitation.

(b) The court shall award a reasonable attorney's fee to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney; however, the losing party's attorney is not personally responsible if he or she has acted in good faith, based on the representations of his or her client. If the losing party is incarcerated for the crime or attempted crime and has insufficient assets to cover payment of the costs of the action and the award of fees pursuant to this paragraph, the party shall, as determined by the court, be required to pay by deduction from any payments the prisoner receives while incarcerated.

(c) If the losing party is incarcerated for the crime or attempted crime, the court shall issue a written order containing its findings and ruling pursuant to paragraphs (a) and (b) and shall direct that a certified copy be forwarded to the appropriate correctional institution or facility.

CREDIT(S)

Laws 1987, c. 87-187, § 1. Amended by Laws 1996, c. 96-388, § 72, eff. July 1, 1996.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 777, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 777. Principal; Accessory; Attempt; Solicitation; Conspiracy

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 777.011

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 777. Principal; Accessory; Attempt; Solicitation; Conspiracy (Refs & Annos)

777.011. Principal in first degree

Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense.

CREDIT(S)

Laws 1957, c. 57-310, § 1; Fla.St.1973, § 776.011; Laws 1974, c. 74-383, § 11. Amended by Laws 1997, c. 97-102, § 1194, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 777.03

Effective: June 20, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 777. Principal; Accessory; Attempt; Solicitation; Conspiracy (Refs & Annos)

777.03. Accessory after the fact

(1)(a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

(b) Any person who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed the offense of child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a child under 18 years of age, or murder of a child under 18 years of age, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.

(c) Any person who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a capital, life, first degree, or second degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

(2)(a) If the felony offense committed is a capital felony, the offense of accessory after the fact is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the felony offense committed is a life felony or a felony of the first degree, the offense of accessory after the fact is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the felony offense committed is a felony of the second degree or a felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) If the felony offense committed is a felony of the third degree ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Except as otherwise provided in s. 921.0022, for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, the offense of accessory after the fact is ranked two levels below the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

CREDIT(S)

Laws 1868, c. 1637, subc. 11, § 6; Rev.St.1892, § 2356; Gen.St.1906, § 3180; Rev.Gen.St.1920, § 5010; Comp.Gen.Laws 1927, § 7112; Laws 1971, c. 71-136, § 700; Fla.St.1971, § 776.03; Laws 1974, c. 74-383, § 65. Amended by Laws 1995, c. 95-184, § 13, eff. June 8, 1995; Laws 1997, c. 97-194, § 16, eff. Oct. 1, 1998; Laws 1999, c. 99-168, § 15, eff. July 1, 1999; Laws 2006, c. 2006-237, § 2, eff. June 20, 2006.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 777.04

Effective: July 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 777. Principal; Accessory; Attempt; Solicitation; Conspiracy (Refs & Annos)

777.04. Attempts, solicitation, and conspiracy

(1) A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt, ranked for purposes of sentencing as provided in subsection (4). Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.

(2) A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation, ranked for purposes of sentencing as provided in subsection (4).

(3) A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in subsection (4).

(4)(a) Except as otherwise provided in ss. 104.091(2), 379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is ranked for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944 one level below the ranking under s. 921.0022 or s. 921.0023 of the offense attempted, solicited, or conspired to. If the criminal attempt, criminal solicitation, or criminal conspiracy is of an offense ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, such offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If the offense attempted, solicited, or conspired to is a capital felony, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Except as otherwise provided in s. 893.135(5), if the offense attempted, solicited, or conspired to is a life felony or a felony of the first degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) Except as otherwise provided in s. 104.091(2), s. 379.2431(1), s. 828.125(2), or s. 849.25(4), if the offense attempted, solicited, or conspired to is a:

1. Felony of the second degree;

2. Burglary that is a felony of the third degree; or

3. Felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(e) Except as otherwise provided in s. 104.091(2), s. 379.2431(1), s. 849.25(4), or paragraph (d), if the offense attempted, solicited, or conspired to is a felony of the third degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(f) Except as otherwise provided in s. 104.091(2), if the offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) It is a defense to a charge of criminal attempt, criminal solicitation, or criminal conspiracy that, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose, the defendant:

(a) Abandoned his or her attempt to commit the offense or otherwise prevented its commission;

(b) After soliciting another person to commit an offense, persuaded such other person not to do so or otherwise prevented commission of the offense; or

(c) After conspiring with one or more persons to commit an offense, persuaded such persons not to do so or otherwise prevented commission of the offense.

CREDIT(S)

Laws 1868; c. 1637, subsec. 11, § 8; Rev.St.1892, § 2594; Gen.St.1906, § 3517; Rev.Gen.St.1920, § 5403; Comp.Gen.Laws 1927, § 7544; Laws 1971, c. 71-136, § 701; Laws 1972, c. 72-245, § 1; Laws 1973, c. 73-142, § 1; Fla.St.1973, § 776.04; Laws 1974, c. 74-383, § 12; Laws 1975, c. 75-298, § 5; Laws 1983, c. 83-98, § 1; Laws 1986, c. 86-50, § 2; Laws 1991, c. 91-224, § 170. Amended by Laws 1993, c. 93-406, § 4, eff. Jan. 1, 1994; Laws 1995, c. 95-184, § 14, eff. June 8, 1995; Laws 1997, c. 97-102, § 1195, eff. July 1, 1997; Laws 1997, c. 97-194, § 17, eff. Oct. 1, 1998; Laws 2002, c. 2002-214, § 2, eff. Oct. 1, 2002; Laws 2003, c. 2003-59, § 2, eff. July 1, 2003; Laws 2008, c. 2008-247, § 204, eff. July 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 777.201

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 777. Principal; Accessory; Attempt; Solicitation; Conspiracy (Refs & Annos)

777.201. Entrapment

(1) A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.

(2) A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evidence that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact.

CREDIT(S)

Laws 1987, c. 87-243, § 42. Amended by Laws 1997, c. 97-102, § 1196, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 778

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 778. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.01. Renumbered as 876.32 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.32

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.02. Renumbered as 876.33 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.33

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.03. Renumbered as 876.34 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.34

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.04. Renumbered as 876.35 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.35

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.05. Renumbered as 876.36 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.36

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.06. Renumbered as 876.37 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.37

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.07. Renumbered as 876.38 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.38

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.08

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.08. Renumbered as 876.39 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.39

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.09

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.09. Renumbered as 876.40 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.40

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.10

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.10. Renumbered as 876.41 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.41

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.11

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.11. Renumbered as 876.42 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.42

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.12

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.12. Renumbered as 876.43 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.43

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.13

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.13. Renumbered as 876.44 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.44

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.14

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.14. Renumbered as 876.45 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.45

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.15

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.15. Renumbered as 876.46 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.46

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.16

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.16. Renumbered as 876.47 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.47

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.17

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.17. Renumbered as 876.48 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.48

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.18

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.18. Renumbered as 876.49 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.49

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.19

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.19. Renumbered as 876.50 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.50

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.20

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.20. Renumbered as 876.51 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.51

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 779.21

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 779. Treason and Offense Against the Government [Renumbered]

779.21. Renumbered as 876.52 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 876.52

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 780

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 780. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 781

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 781. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 782, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.01. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.02. Justifiable use of deadly force

The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.

CREDIT(S)

Laws 1868, c. 1637, subc. 3, §§ 4, 5; Rev.St.1892, § 2378; Laws 1901, c. 4967; Laws 1901, c. 4964, § 1; Gen.St.1906, § 3203; Rev.Gen.St.1920, § 5033; Comp.Gen.Laws 1927, § 7135; Laws 1974, c. 74-383, § 66; Laws 1975, c. 75-24, § 1; Laws 1975, c. 75-298, § 45. Amended by Laws 1997, c. 97-102, § 1197, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.03. Excusable homicide

Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

CREDIT(S)

Laws 1868, c. 1637, subc. 3, § 6; Rev.St.1892, § 2379; Gen.St.1906, § 3204; Rev.Gen.St.1920, § 5034; Comp.Gen.Laws 1927, § 7136; Laws 1975, c. 75-13, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.035

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.035. Abrogation of common-law rule of evidence known as “year-and-a-day rule”

The common-law rule of evidence applicable to homicide prosecutions known as the “year-and-a-day rule,” which provides a conclusive presumption that an injury is not the cause of death or that whether it is the cause cannot be discerned if the interval between the infliction of the injury and the victim's death exceeds a year and a day, is hereby abrogated and does not apply in this state.

CREDIT(S)

Laws 1988, c. 88-39, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.04

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.04. Murder

(1)(a) The unlawful killing of a human being:

1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;

2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:

a. Trafficking offense prohibited by s. 893.135(1),

b. Arson,

c. Sexual battery,

d. Robbery,

e. Burglary,

f. Kidnapping,

g. Escape,

h. Aggravated child abuse,

i. Aggravated abuse of an elderly person or disabled adult,

j. Aircraft piracy,

k. Unlawful throwing, placing, or discharging of a destructive device or bomb,

l. Carjacking,

m. Home-invasion robbery,

n. Aggravated stalking,

o. Murder of another human being,

p. Resisting an officer with violence to his or her person,

q. Aggravated fleeing or eluding with serious bodily injury or death,

r. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or

3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or methadone by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment.

(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) When a human being is killed during the perpetration of, or during the attempt to perpetrate, any:

(a) Trafficking offense prohibited by s. 893.135(1),

(b) Arson,

(d) Robbery,

(e) Burglary,

(f) Kidnapping,

(g) Escape,

(h) Aggravated child abuse,

(i) Aggravated abuse of an elderly person or disabled adult,

(j) Aircraft piracy,

(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l) Carjacking,

(m) Home-invasion robbery,

(n) Aggravated stalking,

(o) Murder of another human being,

(p) Aggravated fleeing or eluding with serious bodily injury or death,

(q) Resisting an officer with violence to his or her person, or

(r) Felony that is an act of terrorism or is in furtherance of an act of terrorism,

by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775. 082, s. 775.083, or s. 775.084.

(4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:

(a) Trafficking offense prohibited by s. 893.135(1),

(b) Arson,

(d) Robbery,

(e) Burglary,

(f) Kidnapping,

(g) Escape,

(h) Aggravated child abuse,

(i) Aggravated abuse of an elderly person or disabled adult,

(j) Aircraft piracy,

(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l) Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

(m) Carjacking,

(n) Home-invasion robbery,

(o) Aggravated stalking,

(p) Murder of another human being,

(q) Aggravated fleeing or eluding with serious bodily injury or death,

(r) Resisting an officer with violence to his or her person, or

(s) Felony that is an act of terrorism or is in furtherance of an act of terrorism,

is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) As used in this section, the term “terrorism” means an activity that:

(a) 1. Involves 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; or

2. Involves a violation of s. 815.06; and

(b) Is intended to:

1. Intimidate, injure, or coerce a civilian population;

2. Influence the policy of a government by intimidation or coercion; or

3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

CREDIT(S)

Laws 1868, c. 1637, subc. 3, § 2; Rev.St.1892, § 2380; Gen.St.1906, § 3205; Rev.Gen.St.1920, § 5035; Laws 1921, c. 8470, § 1; Comp.Gen.Laws 1927, § 7137; Laws 1953, c. 28023, § 1; Laws 1971, c. 71-136, § 712; Laws 1972, c. 72-724, § 3; Laws 1974, c. 74-383, § 14; Laws 1975, c. 75-298, § 6; Laws 1976, c. 76-141, § 1; Laws 1979, c. 79-400, § 290; Laws 1982, c. 82-4, § 1; Laws 1982, c. 82-69, § 1; Laws 1984, c. 84-16, § 1; Laws 1987, c. 87-243, § 6; Laws 1989, c. 89-281, §§ 2, 4; Laws 1990, c. 90-112, § 4. Amended by Laws 1993, c. 93-212, § 3, eff. July 1, 1993; Laws 1995, c. 95-195, § 11, eff. July 1, 1995; Laws 1996, c. 96-322, § 18, eff. Oct. 1, 1996; Laws 1998, c. 98-417, § 1, eff. Oct. 1, 1998; Laws 1999, c. 99-188, § 10, eff. July 1, 1999; Laws 2000, c. 2000-320, § 16, eff. Oct. 1, 2000; Laws 2001, c. 2001-236, § 2, eff. Oct. 1, 2001; Laws 2001, c. 2001-357, § 2, eff. Dec. 10, 2001; Laws 2002, c. 2002-212, § 1, eff. April 29, 2002; Laws 2005, c. 2005-128, § 12, eff. July 1, 2005; Laws 2010, c. 2010-121, § 1, eff. Oct. 1, 2010; Laws 2012, c. 2012-21, § 2, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.05. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.051

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.051. Attempted felony murder

(1) Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 9 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

(2) Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

(3) When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

CREDIT(S)

Added by Laws 1996, c. 96-359, § 1, eff. Oct. 1, 1996. Amended by Laws 1997, c. 97-194, § 18, eff. Oct. 1, 1998; Laws 1998, c. 98-204, § 12, eff. Oct. 1, 1998; Laws 2001, c. 2001-236, § 4, eff. Oct. 1, 2001; Laws 2012, c. 2012-21, § 6, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.06. Repealed by Laws 1972, c. 72-253, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.065

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.065. Murder; law enforcement officer, correctional officer, correctional probation officer

Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt:

(1) The defendant committed murder in the first degree in violation of s. 782.04(1) and a death sentence was not imposed; murder in the second or third degree in violation of s. 782.04(2), (3), or (4); attempted murder in the first or second degree in violation of s. 782.04(1)(a)1. or (2); or attempted felony murder in violation of s. 782.051; and

(2) The victim of any offense described in subsection (1) was a law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, correctional officer, part-time correctional officer, auxiliary correctional officer, correctional probation officer, part-time correctional probation officer, or auxiliary correctional probation officer, as those terms are defined in s. 943.10, engaged in the lawful performance of a legal duty.

CREDIT(S)

Added by Laws 2008, c. 2008-74, § 1, eff. Oct. 1, 2008. Amended by Laws 2010, c. 2010-121, § 3, eff. Oct. 1, 2010; Laws 2012, c. 2012-21, §§ 3, 7, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.07

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.07. Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic

(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Rev.St.1892, § 2384; Gen.St.1906, § 3209; Rev.Gen.St.1920, § 5039; Comp.Gen.Laws 1927, § 7141; Laws 1971, c. 71-136, § 715; Laws 1973, c. 73-333, § 180; Laws 1974, c. 74-383, § 15; Laws 1975, c. 75-298, § 6. Amended by Laws 1996, c. 96-322, § 12, eff. Oct. 1, 1996; Laws 2002, c. 2002-74, § 2, eff. July 1, 2002; Laws 2012, c. 2012-155, § 12, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.071

Effective: October 1, 2001

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.071. Vehicular homicide

“Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

(1) Vehicular homicide is:

(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

1. At the time of the accident, the person knew, or should have known, that the accident occurred; and

2. The person failed to give information and render aid as required by s. 316.062.

This paragraph does not require that the person knew that the accident resulted in injury or death.

(2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.

(3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section.

(4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.

CREDIT(S)

Laws 1974, c. 74-383, § 16; Laws 1975, c. 75-298, § 6; Laws 1986, c. 86-296, § 12. Amended by Laws 1996, c. 96-330, § 14, eff. Oct. 1, 1996; Laws 1998, c. 98-417, § 9, eff. Oct. 1, 1998; Laws 1999, c. 99-153, § 1, eff. Oct. 1, 1999; Laws 2001, c. 2001-147, § 2, eff. Oct. 1, 2001.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.072

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.072. Vessel homicide

“Vessel homicide” is the killing of a human being by the operation of a vessel as defined in s. 327.02 by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vessel homicide is:

(1) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(a) At the time of the accident, the person knew, or should have known, that the accident occurred; and

(b) The person failed to give information and render aid as required by s. 327.30(1).

This subsection does not require that the person knew that the accident resulted in injury or death.

CREDIT(S)

Laws 1987, c. 87-20, § 1. Amended by Laws 1996, c. 96-330, § 15, eff. Oct. 1, 1996; Laws 1999, c. 99-153, § 2, eff. Oct. 1, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.08

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.08. Assisting self-murder

Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1868, c. 1637, subc. 3, § 9; Rev.St.1892, § 2385; Gen.St.1906, § 3210; Rev.Gen.St.1920, § 5040; Comp.Gen.Laws 1927, § 7142; Laws 1971, c. 71-136, § 716.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.081

Effective: July 5, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.081. Commercial exploitation of self-murder

(1) As used in this section, the term:

(a) “Deliberately assisting” means carrying out a public act that is intended to:

1. Aid, abet, facilitate, permit, advocate, or encourage;

2. Publicize, promote, advertise, operate, stage, schedule, or conduct;

3. Provide or secure a venue, transportation, or security; or

4. Result in the collection of an admission or fee.

(b) “Self-murder” means the voluntary and intentional taking of one's own life. As used in this section, the term includes attempted self-murder.

(c) “Simulated self-murder” means the artistic depiction or portrayal of self-murder which is not an actual self-murder. The term includes, but is not limited to, an artistic depiction or portrayal of self-murder in a script, play, movie, or story presented to the public or during an event.

(2) A person may not for commercial or entertainment purposes:

(a) Conduct any event that the person knows or reasonably should know includes an actual self-murder as a part of the event or deliberately assist in an actual self-murder.

(b) Provide a theater, auditorium, club, or other venue or location for any event that the person knows or reasonably should know includes an actual self-murder as a part of the event.

(3) This section does not prohibit any event during which simulated self-murder will occur.

(4) It is not a defense to a prosecution under this section that an attempted self-murder did not result in a self-murder.

(5) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) The Attorney General or any state attorney may bring a civil proceeding for declaratory, injunctive, or other relief to enforce the provisions of this section.

CREDIT(S)

Added by Laws 2004, c. 2004-30, § 1, eff. May 11, 2004. Amended by Laws 2005, c. 2005-2, § 141, eff. July 5, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.09

Effective: October 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.09. Killing of unborn quick child by injury to mother

(1) The unlawful killing of an unborn quick child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother. Any person, other than the mother, who unlawfully kills an unborn quick child by any injury to the mother:

(a) Which would be murder in the first degree constituting a capital felony if it resulted in the mother's death commits murder in the first degree constituting a capital felony, punishable as provided in s. 775.082.

(b) Which would be murder in the second degree if it resulted in the mother's death commits murder in the second degree, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Which would be murder in the third degree if it resulted in the mother's death commits murder in the third degree, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) The unlawful killing of an unborn quick child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn quick child by any injury to the mother which would be manslaughter if it resulted in the mother's death commits manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) The death of the mother resulting from the same act or criminal episode that caused the death of the unborn quick child does not bar prosecution under this section.

(4) This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390.

(5) For purposes of this section, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071.

CREDIT(S)

Laws 1868, c. 1637, subc. 3, § 10; Rev.St.1892, § 2386; Gen.St.1906, § 3211; Rev.Gen.St.1920, § 5041; Comp.Gen.Laws 1927, § 7143; Laws 1971, c. 71-136, § 717. Amended by Laws 2005, c. 2005-119, § 2, eff. Oct. 1, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.10

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.10. Repealed by Laws 1972, c. 72-196, § 9

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.11

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.11. Unnecessary killing to prevent unlawful act

Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1868, c. 1637, subc. 3, § 13; Rev.St.1892, § 2388; Gen.St.1906, § 3213; Rev.Gen.St.1920, § 5043; Comp.Gen.Laws 1927, § 7145; Laws 1971, c. 71-136, § 719.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.12

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.12. Repealed by Laws 1972, c. 72-253, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.13

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.13. Repealed by Laws 1972, c. 72-253, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.14

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.14. Repealed by Laws 1972, c. 72-253, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.15

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.15. Repealed by Laws 1972, c. 72-253, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.16

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.16. Repealed by Laws 1972, c. 72-253, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.17

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.17. Repealed by Laws 1972, c. 72-253, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.30

Effective: May 25, 2000

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.30. Short title

Sections 782.30-782.36 may be cited as the “Partial-Birth Abortion Act.”

CREDIT(S)

Added by Laws 2000, c. 2000-142, § 1, eff. May 25, 2000.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.32

Effective: May 25, 2000

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.32. Definitions

As used in this act, the term:

(1) “Partially born” means the living fetus's intact body, with the entire head attached, is presented so that:

(a) There has been delivered past the mother's vaginal opening:

1. The fetus's entire head, in the case of a cephalic presentation, up until the point of complete separation from the mother whether or not the placenta has been delivered or the umbilical cord has been severed; or

2. Any portion of the fetus's torso above the navel, in the case of a breech presentation, up until the point of complete separation from the mother whether or not the placenta has been delivered or the umbilical cord has been severed.

(b) There has been delivered outside the mother's abdominal wall:

2. Any portion of the child's torso above the navel, in the case of a breech presentation, up until the point of complete separation from the mother whether or not the placenta has been delivered or the umbilical cord has been severed.

(2) “Living fetus” means any unborn member of the human species who has a heartbeat or discernible spontaneous movement.

(3) “Suction or sharp curettage abortion” means an abortion, as defined in chapter 390, in which the developing fetus and the products of conception are evacuated from the uterus through a suction cannula with an attached vacuum apparatus or with a sharp curette.

CREDIT(S)

Added by Laws 2000, c. 2000-142, § 2, eff. May 25, 2000.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.34

Effective: May 25, 2000

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.34. Partial-birth abortion

Except as provided in s. 782.36, any person who intentionally kills a living fetus while that fetus is partially born commits the crime of partial-birth abortion, which is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Added by Laws 2000, c. 2000-142, § 3, eff. May 25, 2000.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 782.36

Effective: May 25, 2000

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 782. Homicide (Refs & Annos)

782.36. Exceptions

(1) A patient receiving a partial-birth-abortion procedure may not be prosecuted under this act.

(2) This act does not apply to a suction or sharp curettage abortion.

(3) This act does not constitute implicit approval of other types of abortion, which remain subject to all other applicable laws of this state.

(4) This act does not prohibit a physician from taking such measures as are necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, provided that every reasonable precaution is also taken, in such cases, to save the fetus's life.

CREDIT(S)

Added by Laws 2000, c. 2000-142, § 4, eff. May 25, 2000.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 783.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 783. Dueling [Repealed]

783.01. Repealed by Laws 1972, c. 72-254, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 783.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 783. Dueling [Repealed]

783.02. Repealed by Laws 1972, c. 72-254, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 783.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 783. Dueling [Repealed]

783.03. Repealed by Laws 1972, c. 72-254, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 784, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.01. Repealed by Laws 1972, c. 72-254, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.011

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.011. Assault

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Act Feb. 10, 1832, § 5; Rev.St.1892, § 2400; Gen.St.1906, § 3226; Rev.Gen.St.1920, § 5059; Comp.Gen.Laws 1927, § 7161; Laws 1970, c. 70-88, § 1; Laws 1971, c. 71-136, § 729; Fla.St.1973, § 784.02; Laws 1974, c. 74-383, § 17; Laws 1975, c. 75-298, § 7.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.02. Renumbered as 784.011 and amended by Laws 1974, c. 74-383, § 17

See, now, F.S.A. § 784.011

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.021

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.021. Aggravated assault

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill; or

(b) With an intent to commit a felony.

(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1881, c. 3275, § 2; Rev.St.1892, § 2402; Gen.St.1906, § 3228; Rev.Gen.St.1920, § 5061; Comp.Gen.Laws 1927, § 7163; Laws 1955, c. 29709, § 1; Laws 1957, c. 57-345, § 1; Laws 1971, c. 71-136, § 731; Fla.St.1973, § 784.04; Laws 1974, c. 74-383, § 18; Laws 1975, c. 75-298, § 8.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.03

Effective: July 1, 2001

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.03. Battery; felony battery

(1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of the other; or

2. Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

CREDIT(S)

Act Feb. 10, 1832, § 5; Rev.St.1892, § 2401; Laws 1903, c. 5135, § 1; Gen.St.1906, § 3227; Rev.Gen.St.1920, § 5060; Comp.Gen.Laws 1927, § 7162; Laws 1970, c. 70-88, § 2; Laws 1971, c. 71-136, § 730; Laws 1974, c. 74-383, § 19; Laws 1975, c. 75-298, § 9; Laws 1991, c. 91-224, § 172. Amended by Laws 1996, c. 96-392, § 5, eff. Oct. 1, 1996; Laws 2001, c. 2001-50, § 4, eff. July 1, 2001.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.035

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.035. Repealed by Laws 1996, c. 96-392, § 6, eff. Oct. 1, 1996

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.04. Renumbered as 784.021 and amended by Laws 1974, c. 74-383, § 18

See, now, F.S.A. § 784.021

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.041

Effective: October 1, 2007

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.041. Felony battery; domestic battery by strangulation

(1) A person commits felony battery if he or she:

(a) Actually and intentionally touches or strikes another person against the will of the other; and

(b) Causes great bodily harm, permanent disability, or permanent disfigurement.

(2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.

(b) As used in this subsection, the term:

1. “Family or household member” has the same meaning as in s. 741.28.

2. “Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.

(3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Added by Laws 1997, c. 97-183, § 1, eff. Oct. 1, 1997. Amended by Laws 2007, c. 2007-133, § 1, eff. Oct. 1, 2007.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.045

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.045. Aggravated battery

(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1970, c. 70-63, § 1; Laws 1971, c. 71-136, § 732; Laws 1974, c. 74-383, § 20; Laws 1975, c. 75-298, § 10; Laws 1988, c. 88-344, § 3.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.046

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.046. 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

(1) As used in this section, the term:

(a) “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.

(b) “Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.

1. Sexual battery, as defined in chapter 794;

2. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;

3. Luring or enticing a child, as described in chapter 787;

4. Sexual performance by a child, as described in chapter 827; or

5. Any other forcible felony wherein a sexual act is committed or attempted,

regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.

(d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:

1. A dating relationship must have existed within the past 6 months;

2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and

3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

(2) There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence.

(a) Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.

(b) Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.

(c) A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if:

1. The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or

2. The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.

(d) A cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties.

(e) A cause of action for an injunction does not require that the petitioner be represented by an attorney.

(3)(a) The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.

(b) Notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence. However, subject to legislative appropriation, the clerk of the court may, each quarter, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection issued by the court under this section at the rate of $40 per petition. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay the law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed $20.

(d) The clerk of the court shall provide the petitioner with a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court.

(4)(a) The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought. With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must:

1. Have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child; or

2. Have reasonable cause to believe that the minor child is a victim of repeat sexual or dating violence to form the basis upon which relief is sought, if the party against whom the protective injunction is sought is a person other than a parent, stepparent, or legal guardian of the minor child.

(b) The sworn petition must be in substantially the following form:

PETITION FOR INJUNCTION FOR PROTECTION AGAINST

REPEAT VIOLENCE, SEXUAL

VIOLENCE, OR DATING VIOLENCE

Before me, the undersigned authority, personally appeared Petitioner (Name) , who has been sworn and says that the following statements are true:

1. Petitioner resides at (address) (A petitioner for an injunction for protection against sexual violence may furnish an address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of his or her current residence to be confidential pursuant to s. 119.071(2)(j), Florida Statutes.)

2. Respondent resides at (address) .

3. a. Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has:

(enumerate incidents of violence)

b. Petitioner has suffered sexual violence as demonstrated by the fact that the respondent has: (enumerate incident of violence and include incident report number from law enforcement agency or attach notice of inmate release.)

c. Petitioner is a victim of dating violence and has reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence or has reasonable cause to believe that he or she is in imminent danger of becoming a victim of dating violence, as demonstrated by the fact that the respondent has: (list the specific incident or incidents of violence and describe the length of time of the relationship, whether it has been in existence during the last 6 months, the nature of the relationship of a romantic or intimate nature, the frequency and type of interaction, and any other facts that characterize the relationship.)

4. Petitioner genuinely fears repeat violence by the respondent.

5. Petitioner seeks: an immediate injunction against the respondent, enjoining him or her from committing any further acts of violence; an injunction enjoining the respondent from committing any further acts of violence; and an injunction providing any terms the court deems necessary for the protection of the petitioner and the petitioner's immediate family, including any injunctions or directives to law enforcement agencies.

(5) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing.

(6)(a) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.

(b) In a hearing ex parte for the purpose of obtaining such temporary injunction, no evidence other than the verified pleading or affidavit shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing.

(c) Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. However, an ex parte temporary injunction granted under subparagraph (2)(c)2. is effective for 15 days following the date the respondent is released from incarceration. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party.

(7) Upon notice and hearing, the court may grant such relief as the court deems proper, including an injunction:

(a) Enjoining the respondent from committing any acts of violence.

(b) Ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.

(c) The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies.

(d) A temporary or final judgment on injunction for protection against repeat violence, sexual violence, or dating violence entered pursuant to this section shall, on its face, indicate that:

1. The injunction is valid and enforceable in all counties of the State of Florida.

2. Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction.

3. The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process.

4. The date that the respondent was served with the temporary or final order, if obtainable.

(8)(a) 1. The clerk of the court shall furnish a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an injunction that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy. Upon receiving a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. In addition, if the sheriff is in possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may transmit a facsimile copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. The clerk of the court shall be responsible for furnishing to the sheriff such information on the respondent's physical description and location as is required by the department to comply with the verification procedures set forth in this section. Notwithstanding any other provision of law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the chief judge's jurisdiction to effect this type of service and to receive a portion of the service fee. No person shall be authorized or permitted to serve or execute an injunction issued under this section unless the person is a law enforcement officer as defined in chapter 943.

2. When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in the execution or service of the injunction. A law enforcement officer shall accept a copy of an injunction for protection against repeat violence, sexual violence, or dating violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.

(b) There shall be created a Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System within the Department of Law Enforcement. The department shall establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions, dating violence injunctions, sexual violence injunctions, and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes.

(c) 1. Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence or changes or vacates an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the court must forward a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner.

2. Within 24 hours after service of process of an injunction for protection against repeat violence, sexual violence, or dating violence upon a respondent, the law enforcement officer must forward the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner.

3. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against repeat violence, sexual violence, or dating violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department.

4. Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law enforcement agencies by electronically transmitting such information to the department.

5. a. Subject to available funding, the Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection against repeat violence, sexual violence, or dating violence and other court actions related to the injunction for protection. The automated notice shall be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent. The notification must include, at a minimum, the date, time, and location where the injunction for protection against repeat violence, sexual violence, or dating violence was served. When a petitioner makes a request for notification, the clerk must apprise the petitioner of her or his right to request in writing that the information specified in sub-subparagraph b. be held exempt from public records requirements for 5 years. The Florida Association of Court Clerks and Comptrollers may apply for any available grants to fund the development of the automated process.

b. Upon implementation of the automated process, information held by clerks and law enforcement agencies in conjunction with the automated process developed under sub-subparagraph a. which reveals the home or employment telephone number, cellular telephone number, home or employment address, electronic mail address, or other electronic means of identification of a petitioner requesting notification of service of an injunction for protection against repeat violence, sexual violence, or dating violence and other court actions related to the injunction for protection is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, upon written request by the petitioner. Such information shall cease to be exempt 5 years after the receipt of the written request. Any state or federal agency that is authorized to have access to such documents by any provision of law shall be granted such access in the furtherance of such agency's statutory duties, notwithstanding this sub-subparagraph. This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2017, unless reviewed and saved from repeal through reenactment by the Legislature.

6. Within 24 hours after an injunction for protection against repeat violence, sexual violence, or dating violence is lifted, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff or local law enforcement agency receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court.

(9)(a) The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection. The court may enforce the respondent's compliance with the injunction by imposing a monetary assessment. The clerk of the court shall collect and receive such assessments. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Crimes Compensation Trust Fund established in s. 960.21.

(b) If the respondent is arrested by a law enforcement officer under s. 901.15(6) for committing an act of repeat violence, sexual violence, or dating violence in violation of an injunction for protection, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.

(10) The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.

(11) Any law enforcement officer who investigates an alleged incident of dating violence shall assist the victim to obtain medical treatment if such is required as a result of the alleged incident to which the officer responds. Any law enforcement officer who investigates an alleged incident of dating violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available on a standard form developed and distributed by the Department of Law Enforcement. As necessary, the Department of Law Enforcement shall revise the Legal Rights and Remedies Notice to Victims to include a general summary of this section, using simple English as well as Spanish, and shall distribute the notice as a model form to be used by all law enforcement agencies throughout the state. The notice shall include:

(a) The resource listing, including telephone number, for the area domestic violence center designated by the Department of Children and Family Services; and

(b) A copy of the following statement: “IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask the state attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from dating violence which may include, but need not be limited to, provisions that restrain the abuser from further acts of abuse; direct the abuser to leave your household; and prevent the abuser from entering your residence, school, business, or place of employment.”

(12) When a law enforcement officer investigates an allegation that an incident of dating violence has occurred, the officer shall handle the incident pursuant to the arrest policy provided in s. 901.15(7), and as developed in accordance with subsections (13), (14), and (16). Whether or not an arrest is made, the officer shall make a written police report that is complete and clearly indicates that the alleged offense was an incident of dating violence. Such report shall be given to the officer's supervisor and filed with the law enforcement agency in a manner that will permit data on dating violence cases to be compiled. Such report must include:

(a) A description of physical injuries observed, if any.

(b) If a law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the grounds for not arresting anyone or for arresting two or more parties.

Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses concerning the alleged dating violence. The officer shall submit the report to the supervisor or other person to whom the employer's rules or policies require reports of similar allegations of criminal activity to be made. The law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related report, which excludes victim or witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under chapter 119, to the nearest locally certified domestic violence center within 24 hours after the agency's receipt of the report. The report furnished to the domestic violence center must include a narrative description of the dating violence incident.

(13) Whenever a law enforcement officer determines upon probable cause that an act of dating violence has been committed within the jurisdiction, or that a person has violated a condition of pretrial release as provided in s. 903.047 and the original arrest was for an act of dating violence, the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties.

(14)(a) When complaints are received from two or more parties, the officers shall evaluate each complaint separately to determine whether there is probable cause for arrest.

(b) If a law enforcement officer has probable cause to believe that two or more persons have committed a misdemeanor or felony, or if two or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend himself or herself or another family or household member from dating violence.

(15) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of dating violence as defined in this section, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance.

(16) A law enforcement officer acting in good faith under this section and the officer's employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer's or agency's actions in carrying out the provisions of this section.

CREDIT(S)

Laws 1988, c. 88-344, § 1; Laws 1988, c. 88-381, § 70; Laws 1991, c. 91-23, § 12. Amended by Laws 1994, c. 94-134, § 7, eff. July 1, 1994; Laws 1994, c. 94-135, § 7, eff. July 1, 1994; Laws 1994, c. 94-170, § 14, eff. Oct. 1, 1994; Laws 1995, c. 95-182, § 10, eff. Oct. 1, 1995; Laws 1995, c. 95-184, § 38, eff. Oct. 1, 1995; Laws 1995, c. 95-195, § 13, eff. July 1, 1995; Laws 1997, c. 97-102, § 1198, eff. July 1, 1997; Laws 1997, c. 97-155, § 8, eff. Oct. 1, 1997; Laws 1999, c. 99-193, § 54, eff. July 1, 1999; Laws 2002, c. 2002-55, § 21, eff. Jan. 1, 2003; Laws 2003, c. 2003-117, § 2, eff. July 1, 2003; Laws 2004, c. 2004-17, § 1, eff. July 1, 2004; Laws 2005, c. 2005-2, § 142, eff. July 5, 2005; Laws 2005, c. 2005-246, § 1, eff. June 17, 2005; Laws 2006, c. 2006-1, § 109, eff. July 4, 2006; Laws 2008, c. 2008-252, § 2, eff. Oct. 1, 2008; Laws 2009, c. 2009-215, § 8, eff. July 1, 2009; Laws 2011, c. 2011-187, § 2, eff. July 1, 2011; Laws 2012, c. 2012-154, § 2, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.047

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.047. Penalties for violating protective injunction against violators

A person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence, issued pursuant to s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315 by:

(1) Refusing to vacate the dwelling that the parties share;

(2) Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;

(3) Committing an act of repeat violence, sexual violence, or dating violence against the petitioner;

(4) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;

(5) Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

(6) Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied;

(7) Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or

(8) Refusing to surrender firearms or ammunition if ordered to do so by the court,

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Added by Laws 1995, c. 95-195, § 7, eff. July 1, 1995. Amended by Laws 1997, c. 97-155, § 9, eff. Oct. 1, 1997; Laws 2002, c. 2002-55, § 22, eff. Jan. 1, 2003; Laws 2004, c. 2004-17, § 2, eff. July 1, 2004; Laws 2011, c. 2011-146, § 1, eff. July 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.048

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.048. Stalking; definitions; penalties

(1) As used in this section, the term:

(a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

(c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

(d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.

(7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).

(9)(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim.

(b) The order may be issued by the court even if the defendant is sentenced to a state prison or a county jail or even if the imposition of the sentence is suspended and the defendant is placed on probation.

CREDIT(S)

Added by Laws 1992, c. 92-208, § 1, eff. July 1, 1992. Amended by Laws 1994, c. 94-134, § 29, eff. July 1, 1994; Laws 1994, c. 94-135, § 29, eff. July 1, 1994; Laws 1997, c. 97-27, § 2, eff. Oct. 1, 1997; Laws 2002, c. 2002-55, § 23, eff. Jan. 1, 2003; Laws 2003, c. 2003-23, § 1, eff. Oct. 1, 2003; Laws 2004, c. 2004-17, § 3, eff. July 1, 2004; Laws 2004, c. 2004-256, § 3, eff. July 1, 2004; Laws 2008, c. 2008-172, § 17, eff. Oct. 1, 2008; Laws 2012, c. 2012-153, § 2, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.0485

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.0485. Stalking; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement

(1) There is created a cause of action for an injunction for protection against stalking. For the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense of cyberstalking.

(a) A person who is the victim of stalking or the parent or legal guardian of a minor child who is living at home who seeks an injunction for protection against stalking on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against stalking.

(b) The cause of action for an injunction for protection may be sought regardless of whether any other cause of action is currently pending between the parties. However, the pendency of any such cause of action shall be alleged in the petition.

(d) The cause of action for an injunction does not require either party to be represented by an attorney.

(e) The court may not issue mutual orders of protection; however, the court is not precluded from issuing separate injunctions for protection against stalking if each party has complied with this section. Compliance with this section may not be waived.

(f) Notwithstanding chapter 47, a petition for an injunction for protection against stalking may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the stalking occurred. There is no minimum requirement of residency to petition for an injunction for protection.

(2)(a) Notwithstanding any other law, the clerk of court may not assess a filing fee to file a petition for protection against stalking. However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection against stalking issued by the court, at the rate of $40 per petition. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay any law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed $20.

(b) A bond is not required by the court for the entry of an injunction.

(c) 1. The clerk of the court shall assist petitioners in seeking both injunctions for protection against stalking and enforcement of a violation thereof as specified in this section.

2. All offices of the clerk of the court shall provide simplified petition forms for the injunction and any modifications to and the enforcement thereof, including instructions for completion.

3. The clerk of the court shall ensure the petitioner's privacy to the extent practicable while completing the forms for an injunction for protection against stalking.

4. The clerk of the court shall provide a petitioner with a minimum of two certified copies of the order of injunction, one of which is serviceable and will inform the petitioner of the process for service and enforcement.

5. The clerk of the court and appropriate staff in each county shall receive training in the effective assistance of petitioners as provided or approved by the Florida Association of Court Clerks and Comptrollers.

6. The clerk of the court in each county shall make available informational brochures on stalking when such a brochure is provided by the local certified domestic violence center or certified rape crisis center.

7. The clerk of the court in each county shall distribute a statewide uniform informational brochure to petitioners at the time of filing for an injunction for protection against stalking when such brochures become available. The brochure must include information about the effect of giving the court false information.

(3)(a) The sworn petition shall allege the existence of such stalking and shall include the specific facts and circumstances for which relief is sought.

(b) The sworn petition shall be in substantially the following form:

PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING

Before me, the undersigned authority, personally appeared Petitioner (Name) , who has been sworn and says that the following statements are true:

1. Petitioner resides at: (address) (Petitioner may furnish the address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of the current residence to be confidential.)

2. Respondent resides at: (last known address)

3. Respondent's last known place of employment: (name of business and address)

4. Physical description of respondent: ____

5. Race: ____

6. Sex: ____

7. Date of birth: ____

8. Height: ____

9. Weight: ____

10. Eye color: ____

11. Hair color: ____

12. Distinguishing marks or scars: ____

13. Aliases of respondent: ____

(c) The petitioner shall describe any other cause of action currently pending between the petitioner and respondent. The petitioner shall also describe any previous attempt by the petitioner to obtain an injunction for protection against stalking in this or any other circuit, and the result of that attempt. (Case numbers should be included, if available.)

(d) The petition must provide space for the petitioner to specifically allege that he or she is a victim of stalking because respondent has:

(Mark all sections that apply and describe in the spaces below the incidents of stalking specifying when and where they occurred, including, but not limited to, locations such as a home, school, or place of employment. )

____ Committed stalking.

____ Previously threatened, harassed, stalked, cyberstalked, or physically abused the petitioner.

____ Threatened to harm the petitioner or family members or individuals closely associated with the petitioner.

____ Intentionally injured or killed a family pet.

____ Used, or threatened to use, against the petitioner any weapons such as guns or knives.

____ A criminal history involving violence or the threat of violence, if known.

____ Another order of protection issued against him or her previously or from another jurisdiction, if known.

____ Destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.

(e) The petitioner seeks an injunction:

(Mark appropriate section or sections.)

____ Immediately restraining the respondent from committing any acts of stalking.

____ Restraining the respondent from committing any acts of stalking.

____ Providing any terms the court deems necessary for the protection of a victim of stalking, including any injunctions or directives to law enforcement agencies.

(f) Every petition for an injunction against stalking must contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows:

I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

(initials)

(4) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, before the hearing.

(5)(a) If it appears to the court that stalking exists, the court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction restraining the respondent from committing any act of stalking.

(b) In a hearing ex parte for the purpose of obtaining such ex parte temporary injunction, evidence other than verified pleadings or affidavits may not be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial. If the only ground for denial is no appearance of an immediate and present danger of stalking, the court shall set a full hearing on the petition for injunction with notice at the earliest possible time. This paragraph does not affect a petitioner's right to promptly amend any petition, or otherwise be heard in person on any petition consistent with the Florida Rules of Civil Procedure.

(c) Any such ex parte temporary injunction is effective for a fixed period not to exceed 15 days. A full hearing, as provided in this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. An injunction shall be extended if necessary to remain in full force and effect during any period of continuance.

(6)(a) Upon notice and hearing, when it appears to the court that the petitioner is the victim of stalking, the court may grant such relief as the court deems proper, including an injunction:

1. Restraining the respondent from committing any act of stalking.

2. Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent.

3. Referring a petitioner to appropriate services. The court may provide the petitioner with a list of certified domestic violence centers, certified rape crisis centers, and other appropriate referrals in the circuit which the petitioner may contact.

4. Ordering such other relief as the court deems necessary for the protection of a victim of stalking, including injunctions or directives to law enforcement agencies, as provided in this section.

(b) The terms of an injunction restraining the respondent under subparagraph (a)1. or ordering other relief for the protection of the victim under subparagraph (a)4. shall remain in effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Specific allegations are not required. Such relief may be granted in addition to other civil or criminal remedies.

(c) A temporary or final judgment on injunction for protection against stalking entered pursuant to this section shall, on its face, indicate:

1. That the injunction is valid and enforceable in all counties of this state.

2. That law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction.

3. That the court has jurisdiction over the parties and matter under the laws of this state and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process.

4. The date that the respondent was served with the temporary or final order, if obtainable.

(d) The fact that a separate order of protection is granted to each opposing party is not legally sufficient to deny any remedy to either party or to prove that the parties are equally at fault or equally endangered.

(e) A final judgment on an injunction for protection against stalking entered pursuant to this section must, on its face, provide that it is a violation of s. 790.233 and a misdemeanor of the first degree for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition.

(f) All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration.

(7) The court shall allow an advocate from a state attorney's office, a law enforcement agency, a certified rape crisis center, or a certified domestic violence center who is registered under s. 39.905 to be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection if the petitioner or respondent has made such a request and the advocate is able to be present.

(8)(a) 1. The clerk of the court shall furnish a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an injunction that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy. Upon receiving a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it on the respondent. In addition, if the sheriff is in possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may transmit a facsimile copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. The clerk of the court shall furnish to the sheriff such information concerning the respondent's physical description and location as is required by the Department of Law Enforcement to comply with the verification procedures set forth in this section. Notwithstanding any other law, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the jurisdiction to effect service. A law enforcement agency serving injunctions pursuant to this section shall use service and verification procedures consistent with those of the sheriff.

2. If an injunction is issued and the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner to assist in the execution or service of the injunction. A law enforcement officer shall accept a copy of an injunction for protection against stalking, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.

3. An order issued, changed, continued, extended, or vacated subsequent to the original service of documents enumerated under subparagraph 1. shall be certified by the clerk of the court and delivered to the parties at the time of the entry of the order. The parties may acknowledge receipt of such order in writing on the face of the original order. If a party fails or refuses to acknowledge the receipt of a certified copy of an order, the clerk shall note on the original order that service was effected. If delivery at the hearing is not possible, the clerk shall mail certified copies of the order to the parties at the last known address of each party. Service by mail is complete upon mailing. When an order is served pursuant to this subsection, the clerk shall prepare a written certification to be placed in the court file specifying the time, date, and method of service and shall notify the sheriff.

4. If the respondent has been served previously with a temporary injunction and has failed to appear at the initial hearing on the temporary injunction, any subsequent petition for injunction seeking an extension of time may be served on the respondent by the clerk of the court by certified mail in lieu of personal service by a law enforcement officer.

(b) 1. Within 24 hours after the court issues an injunction for protection against stalking or changes, continues, extends, or vacates an injunction for protection against stalking, the clerk of the court must forward a certified copy of the injunction for service to the sheriff having jurisdiction over the residence of the petitioner. The injunction must be served in accordance with this subsection.

2. Within 24 hours after service of process of an injunction for protection against stalking upon a respondent, the law enforcement officer must forward the written proof of service of process to the sheriff having jurisdiction over the residence of the petitioner.

3. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against stalking, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the Department of Law Enforcement.

5. Within 24 hours after an injunction for protection against stalking is vacated, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the Department of Law Enforcement of such action of the court.

(9)(a) The court may enforce a violation of an injunction for protection against stalking through a civil or criminal contempt proceeding, or the state attorney may prosecute it as a criminal violation under s. 784.0487. Any assessments or fines ordered by the court enforcing such an injunction shall be collected by the clerk of the court and transferred on a monthly basis to the State Treasury for deposit into the Domestic Violence Trust Fund.

(b) If the respondent is arrested by a law enforcement officer under s. 901.15(6) or for a violation of s. 784.0487, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.

(10) The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.

CREDIT(S)

Added by Laws 2012, c. 2012-153, § 3, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.0487

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.0487. Violation of an injunction for protection against stalking or cyberstalking

(1) If the injunction for protection against stalking or cyberstalking has been violated and the respondent has not been arrested, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall assist the petitioner in preparing an affidavit in support of reporting the violation or directing the petitioner to the office operated by the court that has been designated by the chief judge of that circuit as the central intake point for violations of injunctions for protection where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.

(2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such judge as the chief judge determines to be the recipient of affidavits of violations of an injunction. If the affidavit alleges that a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner's affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete its investigation and forward a report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2) shall include a policy regarding intake of alleged violations of injunctions for protection against stalking or cyberstalking under this section. The intake shall be supervised by a state attorney who has been designated and assigned to handle stalking or cyberstalking cases. The state attorney shall determine within 30 working days whether his or her office will file criminal charges or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.

(3) If the court has knowledge that the petitioner or another person is in immediate danger if the court does not act before the decision of the state attorney to proceed, the court shall immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.

(4) A person who willfully violates an injunction for protection against stalking or cyberstalking issued pursuant to s. 784.0485, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:

(a) Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner;

(b) Committing an act of stalking against the petitioner;

(c) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;

(d) Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

(e) Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied;

(f) Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or

(g) Refusing to surrender firearms or ammunition if ordered to do so by the court,

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(5) A person who suffers an injury or loss as a result of a violation of an injunction for protection against stalking or cyberstalking may be awarded economic damages for that injury or loss by the court issuing the injunction. Damages include costs and attorney fees for enforcement of the injunction.

CREDIT(S)

Added by Laws 2012, c. 2012-153, § 4, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.05. Culpable negligence

(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply:

(a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;

(b) If the minor obtains the firearm as a result of an unlawful entry by any person;

(d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.

When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney's office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.

(4) [FN1]As used in this act, the term “minor” means any person under the age of 16.

CREDIT(S)

Laws 1903, c. 5212, § 1; Gen.St.1906, § 3229; Rev.Gen.St.1920, § 5062; Comp.Gen.Laws 1927, § 7164; Laws 1971, c. 71-136, § 733; Laws 1974, c. 74-383, § 21; Laws 1975, c. 75-298, § 11; Laws 1989, c. 89-534, §§ 3, 7. Amended by Laws 1997, c. 97-102, § 1199, eff. July 1, 1997.

[FN1] Also published as § 790.174(3).

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.06. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.062

Effective: July 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.062. Misuse of laser lighting devices

(1) As used in subsection (2), the term “laser lighting device” means a handheld device, not affixed to a firearm, which emits a laser beam that is designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. As used in subsection (3), the term “laser lighting device” means any device designed or used to amplify electromagnetic radiation by stimulated emission.

(2) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at a law enforcement officer, engaged in the performance of his or her official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him or her commits a noncriminal violation, punishable as provided in s. 775.083.

(3)(a) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and such act results in bodily injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Added by Laws 2002, c. 2002-80, § 1, eff. Oct. 1, 2002. Amended by Laws 2005, c. 2005-159, § 1, eff. July 1, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.07

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.07. Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences

(1) As used in this section, the term:

(a) “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term “emergency medical care provider” also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or the security thereof.

(b) “Firefighter” means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.

(c) “Law enforcement explorer” means any person who is a current member of a law enforcement agency's explorer program and who is performing functions other than those required to be performed by sworn law enforcement officers on behalf of a law enforcement agency while under the direct physical supervision of a sworn officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement agency that he or she represents.

(d) “Law enforcement officer” includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; an employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the Parole Commission; a federal law enforcement officer as defined in s. 901.1505; and law enforcement personnel of the Fish and Wildlife Conservation Commission or the Department of Law Enforcement.

(e) “Public transit employees or agents” means bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as described in s. 812.015(1)(l).

(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.

(d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.

(3) Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:

(a) A “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years.

(b) A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years.

CREDIT(S)

Laws 1976, c. 76-75, § 1; Laws 1977, c. 77-174, § 1; Laws 1979, c. 79-8, § 22; Laws 1980, c. 80-43, § 1; Laws 1985, c. 85-33, § 1; Laws 1988, c. 88-122, § 39; Laws 1988, c. 88-177, § 2; Laws 1988, c. 88-373, § 3; Laws 1988, c. 88-381, §§ 52, 55, 57; Laws 1989, c. 89-526, § 43; Laws 1991, c. 91-174, § 3. Amended by Laws 1993, c. 93-230, § 12, eff. May 15, 1993; Laws 1994, c. 94-356, § 422, eff. July, 1, 1994; Laws 1995, c. 95-184, § 20, eff. June 8, 1995; Laws 1996, c. 96-293, § 1, eff. Oct. 1, 1996; Laws 1996, c. 96-388, § 57, eff. July 1, 1996; Laws 1997, c. 97-280, § 32, eff. Oct. 1, 1997; Laws 1998, c. 98-97, § 1, eff. Oct. 1, 1998; Laws 1999, c. 99-3, § 96, eff. June 29, 1999; Laws 1999, c. 99-188, § 4, eff. July 1, 1999; Laws 1999, c. 99-245, § 227, eff. July 1, 1999; Laws 1999, c. 99-248, § 315, eff. June 8, 1999; Laws 2002, c. 2002-209, §§ 1, 2, eff. April 29, 2002; Laws 2006, c. 2006-127, § 1, eff. July 1, 2006; Laws 2007, c. 2007-112, § 1, eff. July 1, 2007; Laws 2009, c. 2009-102, § 1, eff. Oct. 1, 2009; Laws 2010, c. 2010-117, § 3, eff. July 1, 2010; Laws 2012, c. 2012-88, § 27, eff. July 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.071

Effective: October 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.071. Assault or battery on a law enforcement officer; missing while in line of duty; blue alert

(1) At the request of an authorized person employed at a law enforcement agency, the Department of Law Enforcement, in cooperation with the Department of Highway Safety and Motor Vehicles and the Department of Transportation, shall activate the emergency alert system and issue a blue alert if all of the following conditions are met:

(a) 1. A law enforcement officer has been killed, has suffered serious bodily injury, or has been assaulted with a deadly weapon; or

2. A law enforcement officer is missing while in the line of duty under circumstances evidencing concern for the law enforcement officer's safety;

(b) The suspect has fled the scene of the offense;

(c) The law enforcement agency investigating the offense determines that the suspect poses an imminent threat to the public or to other law enforcement officers;

(d) A detailed description of the suspect's vehicle, or other means of escape, or the license plate of the suspect's vehicle is available for broadcasting;

(e) Dissemination of available information to the public may help avert further harm or assist in the apprehension of the suspect; and

(f) If the law enforcement officer is missing, there is sufficient information available relating to the officer's last known location and physical description, and the description of any vehicle involved, including the license plate number or other identifying information, to be broadcast to the public and other law enforcement agencies, which could assist in locating the missing law enforcement officer.

(2)(a) The blue alert shall be immediately disseminated to the public through the emergency alert system by broadcasting the alert on television, radio, and the dynamic message signs that are located along the state's highways.

(b) If a traffic emergency arises requiring that information pertaining to the traffic emergency be displayed on a highway message sign in lieu of the blue alert information, the agency responsible for displaying information on the highway message sign is not in violation of this section.

CREDIT(S)

Added by Laws 2011, c. 2011-72, § 1, eff. Oct. 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.074

Effective: May 21, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.074. Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses

(1) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a staff member of a sexually violent predators detention or commitment facility as defined in part V of chapter 394, while the staff member is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b) In the case of an aggravated assault, from a felony of the third degree to a felony of the second degree.

(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(2) For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Children and Family Services, persons employed at facilities licensed by the Department of Children and Family Services, and persons employed at facilities operated under a contract with the Department of Children and Family Services.

CREDIT(S)

Added by Laws 2001, c. 2001-244, § 1, eff. Oct. 1, 2001. Amended by Laws 2002, c. 2002-1, § 116, eff. May 21, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.075

Effective: July 1, 2005

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.075. Battery on detention or commitment facility staff or a juvenile probation officer

A person who commits a battery on a juvenile probation officer, as defined in s. 984.03 or s. 985.03, on other staff of a detention center or facility as defined in s. 984.03(19) or s. 985.03, or on a staff member of a commitment facility as defined in s. 985.03, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice.

CREDIT(S)

Added by Laws 1993, c. 93-230, § 13, eff. May 15, 1993. Amended by Laws 1994, c. 94-209, § 71, eff. Oct. 1, 1994; Laws 1995, c. 95-152, § 21, eff. July 10, 1995; Laws 1996, c. 96-398, § 3, eff. Oct. 1, 1996; Laws 1998, c. 98-280, § 49, eff. June 30, 1998; Laws 1998, c. 98-403, § 160, eff. Oct. 1, 1998; Laws 1999, c. 99-3, § 97, eff. June 29, 1999; Laws 1999, c. 99-284, § 24, eff. July 1, 1999; Laws 2000, c. 2000-134, § 1, eff. May 17, 2000; Laws 2000, c. 2000-135, § 9, eff. July 1, 2000; Laws 2001, c. 2001-64, § 23, eff. July 3, 2001; Laws 2005, c. 2005-263, § 15, eff. July 1, 2005.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.076

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.076. Battery on health services personnel

A juvenile who has been committed to or detained by the Department of Juvenile Justice pursuant to a court order, who commits battery upon a person who provides health services commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, the term “health services” means preventive, diagnostic, curative, or rehabilitative services and includes alcohol treatment, drug abuse treatment, and mental health services.

CREDIT(S)

Added by Laws 1995, c. 95-267, § 57, eff. Oct. 1, 1995.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.078

Effective: October 1, 2001

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.078. Battery of facility employee by throwing, tossing, or expelling certain fluids or materials

(1) As used in this section, the term “facility” means a state correctional institution defined in s. 944.02(6); a private correctional facility defined in s. 944.710 or under chapter 957; a county, municipal, or regional jail or other detention facility of local government under chapter 950 or chapter 951; or a secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice.

(2)(a) As used in this section, the term “employee” includes any person employed by or performing contractual services for a public or private entity operating a facility or any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs or the correctional work programs, pursuant to part II of chapter 946.

(b) “Employee” includes any person who is a parole examiner with the Florida Parole Commission.

(3)(a) It is unlawful for any person, while being detained in a facility and with intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility, to cause or attempt to cause such employee to come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, whether by throwing, tossing, or expelling such fluid or material.

(b) Any person who violates paragraph (a) commits battery of a facility employee, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Added by Laws 2001, c. 2001-244, § 2, eff. Oct. 1, 2001.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.08

Effective: April 29, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.08. Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence

(1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.

(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.

CREDIT(S)

Laws 1989, c. 89-327, § 1. Amended by Laws 1992, c. 92-50, § 1, eff. Oct. 1, 1992; Laws 1993, c. 93-406, § 18, eff. Jan. 1, 1994; Laws 1997, c. 97-102, § 1200, eff. July 1, 1997; Laws 1997, c. 97-194, § 19, eff. Oct. 1, 1998; Laws 1999, c. 99-188, § 5, eff. July 1, 1999; Laws 2002, c. 2002-208, § 1, eff. April 29, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.081

Effective: October 1, 2004

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.081. Assault or battery on specified officials or employees; reclassification of offenses

(1) For purposes of this section, the term “sports official” means any person who serves as a referee, an umpire, or a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title, which sports official is duly registered by or is a member of a local, state, regional, or national organization that is engaged in part in providing education and training to sports officials.

(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any elected official or employee of: a school district; a private school; the Florida School for the Deaf and the Blind; a university lab school; a state university or any other entity of the state system of public education, as defined in s. 1000.04; a sports official; an employee or protective investigator of the Department of Children and Family Services; an employee of a lead community-based provider and its direct service contract providers; or an employee of the Department of Health or its direct service contract providers, when the person committing the offense knows or has reason to know the identity or position or employment of the victim, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(3) An assault, aggravated assault, battery, or aggravated battery upon a sports official shall be reclassified pursuant to subsection (2) only if such offense is committed upon the sports official when he or she is actively participating as a sports official in an athletic contest or immediately following such athletic contest.

CREDIT(S)

Added by Laws 1996, c. 96-293, § 3, eff. Oct. 1, 1996. Amended by Laws 1999, c. 99-8, § 293, eff. June 29, 1999; Laws 2001, c. 2001-68, § 11, eff. July 1, 2001; Laws 2002, c. 2002-387, § 1037, eff. Jan. 7, 2003; Laws 2004, c. 2004-41, § 19, eff. May 12, 2004; Laws 2004, c. 2004-276, § 1, eff. Oct. 1, 2004; Laws 2004, c. 2004-350, § 48, eff. July 1, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.082

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.082. Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses

Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any visitor to the detention facility or upon any other detainee in the detention facility, the offense for which the person is charged shall be reclassified as follows:

(1) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(2) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(3) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(4) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

CREDIT(S)

Added by Laws 1996, c. 96-293, § 4, eff. Oct. 1, 1996.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.083

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.083. Assault or battery on code inspectors

Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a code inspector, as defined in s. 162.04(2), while the code inspector is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows:

(1) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(2) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(3) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(4) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

CREDIT(S)

Added by Laws 1998, c. 98-24, § 1, eff. Oct. 1, 1998.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 784.085

Effective: July 1, 2000

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 784. Assault; Battery; Culpable Negligence (Refs & Annos)

784.085. Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials

(1) It is unlawful for any person, except a child as defined in this section, to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material.

(2) Any person, except a child as defined in this section, who violates this section commits battery of a child, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) As used in this section, the term “child” means a person under 18 years of age.

CREDIT(S)

Added by Laws 2000, c. 2000-139, § 85, eff. July 1, 2000.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 785.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 785. Fighting; Marathons [Repealed]

785.01. Repealed by Laws 1972, c. 72-254, § 3

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 785.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 785. Fighting; Marathons [Repealed]

785.02. Repealed by Laws 1972, c. 72-254, § 3

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 785.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 785. Fighting; Marathons [Repealed]

785.03. Repealed by Laws 1972, c. 72-254, § 3

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 785.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 785. Fighting; Marathons [Repealed]

785.04. Repealed by Laws 1972, c. 72-254, § 3

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 786

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 786. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 787, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 787.01

Effective: October 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses (Refs & Annos)

787.01. Kidnapping; kidnapping of child under age 13, aggravating circumstances

(1)(a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

1. Hold for ransom or reward or as a shield or hostage.

2. Commit or facilitate commission of any felony.

3. Inflict bodily harm upon or to terrorize the victim or another person.

4. Interfere with the performance of any governmental or political function.

(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

(2) A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following:

1. Aggravated child abuse, as defined in s. 827.03;

2. Sexual battery, as defined in chapter 794, against the child;

3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);

4. A violation of s. 796.03 or s. 796.04, relating to prostitution, upon the child; or

5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151,

commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the life felony described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5.

CREDIT(S)

Laws 1909, c. 5907, § 1; Rev.Gen.St.1920, § 5058; Comp.Gen.Laws 1927, § 7160; Laws 1933, c. 16063, § 1; Laws 1971, c. 71-136, § 784; Laws 1972, c. 72-724, § 8; Fla.St.1973, § 805.02; Laws 1974, c. 74-383, § 22; Laws 1975, c. 75-298, § 12; Laws 1977, c. 77-174, § 1; Laws 1984, c. 84-238, § 1; Laws 1990, c. 90-120, § 2. Amended by Laws 1993, c. 93-227, § 2, eff. Oct. 1, 1993; Laws 1996, c. 96-322, § 9, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1813, eff. July 1, 1997; Laws 1999, c. 99-201, § 4, eff. Oct. 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2008, c. 2008-172, § 18, eff. Oct. 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 787.02

Effective: October 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses (Refs & Annos)

787.02. False imprisonment; false imprisonment of child under age 13, aggravating circumstances

(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.

(2) A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) A person who commits the offense of false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits any offense enumerated in subparagraphs 1.-5., commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

1. Aggravated child abuse, as defined in s. 827.03;

2. Sexual battery, as defined in chapter 794, against the child;

3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);

4. A violation of s. 796.03 or s. 796.04, relating to prostitution, upon the child; or

5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151.

(b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the first degree offense described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5.

CREDIT(S)

Laws 1868, c. 1637, subc. 3, § 43; Rev.St.1892, § 2399; Gen.St.1906, § 3225; Rev.Gen.St.1920, § 5057; Comp.Gen.Laws 1927, § 7159; Laws 1971, c. 71-136, § 783; Fla.St.1973, § 805.01; Laws 1974, c. 74-383, § 23; Laws 1975, c. 75-298, § 13; Laws 1984, c. 84-238, § 1; Laws 1990, c. 90-120, § 2. Amended by Laws 1993, c. 93-156, § 1, eff. Oct. 1, 1993; Laws 1993, c. 93-227, §§ 2, 18, eff. Oct. 1, 1993; Laws 1996, c. 96-322, § 9, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1814, eff. July 1, 1997; Laws 1999, c. 99-201, § 5, eff. Oct. 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2008, c. 2008-172, § 19, eff. Oct. 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 787.025

Effective: October 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses (Refs & Annos)

787.025. Luring or enticing a child

(1) As used in this section, the term:

(a) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.

(b) “Dwelling” means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging together therein at night, together with the curtilage thereof.

(d) “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.

(2)(a) A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person 18 years of age or older who, having been previously convicted of a violation of paragraph (a), intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person 18 years of age or older who, having been previously convicted of a violation of chapter 794, s. 800.04, or s. 847.0135(5), or a violation of a similar law of another jurisdiction, intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) It is an affirmative defense to a prosecution under this section that:

(a) The person reasonably believed that his or her action was necessary to prevent the child from being seriously injured.

(b) The person lured or enticed, or attempted to lure or entice, the child under the age of 12 into a structure, dwelling, or conveyance for a lawful purpose.

(c) The person's actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the child.

CREDIT(S)

Added by Laws 1995, c. 95-228, § 1, eff. Oct. 1, 1995. Amended by Laws 1999, c. 99-201, § 8, eff. Oct. 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2006, c. 2006-299, § 1, eff. July 1, 2006; Laws 2008, c. 2008-172, § 20, eff. Oct. 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 787.03

Effective: October 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses (Refs & Annos)

787.03. Interference with custody

(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor's or incompetent person's parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent to deprive another person of his or her right to custody of the minor or incompetent person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A subsequently obtained court order for custody or visitation does not affect application of this section.

(4) It is a defense that:

(a) The defendant had reasonable cause to believe that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare.

(b) The defendant was the victim of an act of domestic violence or had reasonable cause to believe that he or she was about to become the victim of an act of domestic violence as defined in s. 741.28, and the defendant had reasonable cause to believe that the action was necessary in order for the defendant to escape from, or protect himself or herself from, the domestic violence or to preserve the minor or incompetent person from exposure to the domestic violence.

(c) The minor or incompetent person was taken away at his or her own instigation without enticement and without purpose to commit a criminal offense with or against the minor or incompetent person, and the defendant establishes that it was reasonable to rely on the instigating acts of the minor or incompetent person.

(5) Proof that a person has not attained the age of 18 years creates the presumption that the defendant knew the minor's age or acted in reckless disregard thereof.

(6)(a) The offenses prescribed in subsections (1) and (2) do not apply in cases in which a person having a legal right to custody of a minor or incompetent person is the victim of any act of domestic violence, has reasonable cause to believe he or she is about to become the victim of any act of domestic violence, as defined in s. 741.28, or believes that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare and seeks shelter from such acts or possible acts and takes with him or her the minor or incompetent person.

(b) In order to gain the exception conferred by paragraph (a), a person who takes a minor or incompetent person under this subsection must:

1. Within 10 days after taking the minor or incompetent person, make a report to the sheriff's office or state attorney's office for the county in which the minor or incompetent person resided at the time he or she was taken, which report must include the name of the person taking the minor or incompetent person, the current address and telephone number of the person and minor or incompetent person, and the reasons the minor or incompetent person was taken.

2. Within a reasonable time after taking a minor, commence a custody proceeding that is consistent with the federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the Uniform Child Custody Jurisdiction and Enforcement Act, ss. 61.501-61.542.

3. Inform the sheriff's office or state attorney's office for the county in which the minor or incompetent person resided at the time he or she was taken of any change of address or telephone number of the person and the minor or incompetent person.

(c) 1. The current address and telephone number of the person and the minor or incompetent person which are contained in the report made to a sheriff or state attorney under paragraph (b) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

2. A sheriff or state attorney may allow an agency, as defined in s. 119.011, to inspect and copy records made confidential and exempt under this paragraph in the furtherance of that agency's duties and responsibilities.

CREDIT(S)

Laws 1974, c. 74-383, § 24; Laws 1975, c. 75-298, § 14; Laws 1977, c. 77-174, § 1; Laws 1988, c. 88-244, § 1. Amended by Laws 1997, c. 97-102, § 1201, eff. July 1, 1997; Laws 2000, c. 2000-231, § 1, eff. July 1, 2000; Laws 2000, c. 2000-357, § 1, eff. July 1, 2000; Laws 2004, c. 2004-5, § 157, eff. June 29, 2004; Laws 2005, c. 2005-89, § 1, eff. May 26, 2005; Laws 2006, c. 2006-114, § 1, eff. Oct. 1, 2006; Laws 2006, c. 2006-115, § 1, eff. Oct. 1, 2006; Laws 2011, c. 2011-99, § 1, eff. Oct. 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 787.04

Effective: July 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses (Refs & Annos)

787.04. Removing minors from state or concealing minors contrary to state agency order or court order

(1) It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order.

(2) It is unlawful for any person, with criminal intent, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, during the pendency of any action or proceeding affecting custody of the minor, after having received notice as required by law of the pendency of the action or proceeding, without the permission of the court in which the action or proceeding is pending.

(3) It is unlawful for any person to knowingly and willfully lead, take, entice, or remove a minor beyond the limits of this state, or to knowingly and willfully conceal the location of a minor, during the pendency of a dependency proceeding affecting such minor or during the pendency of any investigation, action, or proceeding concerning the alleged abuse or neglect of such minor, after having received actual or constructive notice of the pendency of such investigation, action, or proceeding and without the permission of the state agency or court in which the investigation, action, or proceeding is pending.

(4) It is unlawful for any person, who has carried beyond the limits of this state any minor whose custody is involved in any action or proceeding pending in this state pursuant to the order of the court in which the action or proceeding is pending or pursuant to the permission of the court, thereafter, to fail to produce the minor in the court or deliver the minor to the person designated by the court.

(5) It is a defense under this section that a person who leads, takes, entices, or removes a minor beyond the limits of the state reasonably believes that his or her action was necessary to protect the minor from child abuse as defined in s. 827.03.

(6) Any person who violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1955, c. 29654, § 1; Laws 1957, c. 57-337, § 1; Fla.St.1965, § 65.141; Laws 1967, c. 67-254, § 47; Laws 1971, c. 71-136, § 785; Fla.St.1973, § 805.03; Laws 1974, c. 74-383, § 25; Laws 1975, c. 75-298, § 15; Laws 1980, c. 80-102, § 1; Laws 1988, c. 88-151, § 3. Amended by Laws 1996, c. 96-215, § 3, eff. Oct. 1, 1996; Laws 1996, c. 96-322, § 23, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1815, eff. July 1, 1997; Laws 2008, c. 2008-245, § 21, eff. July 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 787.05

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses (Refs & Annos)

787.05. Repealed by Laws 2012, c. 2012-97, § 4, eff. July 1, 2012

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 787.06

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses (Refs & Annos)

787.06. Human trafficking

(1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor.

(b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work.

(c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping.

(d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Family Services and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight.

(2) As used in this section, the term:

(a) “Coercion” means:

1. Using or threatening to use physical force against any person;

2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will;

3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person;

5. Causing or threatening to cause financial harm to any person;

6. Enticing or luring any person by fraud or deceit; or

7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person.

(b) “Commercial sexual activity” means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography.

(c) “Financial harm” includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01.

(d) “Human trafficking” means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person.

(e) “Labor” means work of economic or financial value.

(f) “Maintain” means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service.

(g) “Obtain” means, in relation to labor or services, to secure performance thereof.

(h) “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

(i) “Sexually explicit performance” means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest.

(j) “Unauthorized alien” means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations.

(k) “Venture” means any group of two or more individuals associated in fact, whether or not a legal entity.

(3) Any person who knowingly, or in reckless disregard of the facts, engages in, or attempts to engage in, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking:

(a) Using coercion for labor or services commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Using coercion for commercial sexual activity commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Using coercion for labor or services of any individual who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) Using coercion for commercial sexual activity of any individual who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(e) Using coercion for labor or services who does so by the transfer or transport of any individual from outside this state to within the state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(f) Using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside this state to within the state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(g) For commercial sexual activity in which any child under the age of 18 is involved commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. In a prosecution under this paragraph in which the defendant had a reasonable opportunity to observe the person who was subject to human trafficking, the state need not prove that the defendant knew that the person had not attained the age of 18 years.

(h) For commercial sexual activity in which any child under the age of 15 is involved commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In a prosecution under this paragraph in which the defendant had a reasonable opportunity to observe the person who was subject to human trafficking, the state need not prove that the defendant knew that the person had not attained the age of 15 years.

For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized.

(4) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a first degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation.

(6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction.

(7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of any provision of this section may be seized and shall be forfeited subject to the provisions of the Florida Contraband Forfeiture Act.

CREDIT(S)

Added by Laws 2004, c. 2004-391, § 2, eff. Oct. 1, 2004. Amended by Laws 2006, c. 2006-168, § 1, eff. Oct. 1, 2006; Laws 2012, c. 2012-97, § 5, eff. July 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 787.07

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses (Refs & Annos)

787.07. Human smuggling

(1) A person who transports into this state an individual who the person knows, or should know, is illegally entering the United States from another country commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person commits a separate offense for each individual he or she transports into this state in violation of this section.

CREDIT(S)

Added by Laws 2009, c. 2009-160, § 1, eff. Oct. 1, 2009. Amended by Laws 2012, c. 2012-97, § 6, eff. July 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 788

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 788. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 789

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 789. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 790, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.001

Effective: July 1, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.001. Definitions

As used in this chapter, except where the context otherwise requires:

(1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(2) “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

(3)(a) “Concealed weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

(b) “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.

(4) “Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include:

(a) A device which is not designed, redesigned, used, or intended for use as a weapon;

(b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;

(d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.

(5) “Explosive” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:

(a) Shotgun shells, cartridges, or ammunition for firearms;

(b) Fireworks as defined in s. 791.01;

(c) Smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. 552.241;

(d) Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons.

The exclusions contained in paragraphs (a)-(d) do not apply to the term “explosive” as used in the definition of “firearm” in subsection (6).

(6) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

(7) “Indictment” means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted.

(8) “Law enforcement officer” means:

(a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;

(b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;

(c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;

(d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;

(e) All peace officers;

(f) All state attorneys and United States attorneys and their respective assistants and investigators.

(9) “Machine gun” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

(10) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(11) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(12) “Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.

(13) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

(14) “Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.

(15) “Dart-firing stun gun” means any device having one or more darts that are capable of delivering an electrical current.

(16) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

(18) “Sterile area” means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.

(19) “Ammunition” means an object consisting of all of the following:

(a) A fixed metallic or nonmetallic hull or casing containing a primer.

(b) One or more projectiles, one or more bullets, or shot.

All of the specified components must be present for an object to be ammunition.

CREDIT(S)

Laws 1969, c. 69-106, §§ 13, 19, 35; Laws 1969, c. 69-306, § 1; Laws 1970, c. 70-441, §§ 1, 2; Laws 1973, c. 73-334, § 32; Laws 1976, c. 76-165, § 1; Laws 1977, c. 77-120, § 12; Laws 1978, c. 78-200, § 1; Laws 1979, c. 79-3, § 19; Laws 1979, c. 79-58, § 1; Laws 1980, c. 80-112, § 1; Laws 1982, c. 82-131, § 1; Laws 1983, c. 83-216, § 162; Laws 1988, c. 88-183, § 2; Laws 1988, c. 88-381, § 43; Laws 1990, c. 90-124, § 1; Laws 1990, c. 90-176, § 1. Amended by Laws 1993, c. 93-17, § 1, eff. March 24, 1993; Laws 1997, c. 97-72, § 1, eff. May 16, 1997; Laws 1997, c. 97-102, § 1202, eff. July 1, 1997; Laws 2000, c. 2000-161, § 5, eff. July 4, 2000; Laws 2003, c. 2003-261, § 1904, eff. June 26, 2003; Laws 2004, c. 2004-286, § 1, eff. Oct. 1, 2004; Laws 2006, c. 2006-186, §51, eff. July 1, 2006; Laws 2006, c. 2006-298, § 1, eff. June 26, 2006.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.01

Effective: June 26, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.01. Carrying concealed weapons

(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:

(a) A self-defense chemical spray.

(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.

CREDIT(S)

Laws 1901, c. 4929, § 1; Gen.St.1906, § 3262; Rev.Gen.St.1920, § 5095; Comp.Gen.Laws 1927, § 7197; Laws 1967, c. 67-165, § 1; Laws 1969, c. 69-306, § 2; Laws 1971, c. 71-136, § 739; Laws 1976, c. 76-165, § 2; Laws 1980, c. 80-268, § 3. Amended by Laws 1992, c. 92-183, § 2, eff. April 9, 1992; Laws 1997, c. 97-72, § 2, eff. May 16, 1997; Laws 1997, c. 97-102, § 1203, eff. July 1, 1997; Laws 2004, c. 2004-286, § 5, eff. Oct. 1, 2004; Laws 2006, c. 2006-298, § 2, eff. June 26, 2006.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.015

Effective: April 13, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.015. Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity

(1) Notwithstanding s. 790.01, a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:

(a) Is 21 years of age or older.

(b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.

(2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed.

(3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by:

(a) Registering to vote;

(b) Making a statement of domicile pursuant to s. 222.17; or

the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence.

(4) This section applies only to nonresident concealed weapon or concealed firearm licenseholders from states that honor Florida concealed weapon or concealed firearm licenses.

(5) The requirement of paragraph (1)(a) does not apply to a person who:

(a) Is a servicemember, as defined in s. 250.01; or

(b) Is a veteran of the United States Armed Forces who was discharged under honorable conditions.

CREDIT(S)

Added by Laws 1999, c. 99-132, § 1, eff. July 1, 1999. Amended by Laws 2012, c. 2012-108, § 2, eff. April 13, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.02. Officer to arrest without warrant and upon probable cause

The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 when said officer has reasonable grounds or probable cause to believe that the offense of carrying a concealed weapon is being committed.

CREDIT(S)

Laws 1901, c. 4929, § 1; Gen.St.1906, § 3263; Rev.Gen.St.1920, § 5096; Comp.Gen.Laws 1927, § 7198; Laws 1969, c. 69-306, § 3.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.03. Repealed by Laws 1971, c. 71-346, §§ 1, 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.04. Repealed by Laws 1971, c. 71-346, §§ 1, 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.05. Repealed by Laws 1987, c. 87-24, § 4, eff. Oct. 1, 1987

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.051

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.051. Exemption from licensing requirements; law enforcement officers

Law enforcement officers are exempt from the licensing and penal provisions of this chapter when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty.

CREDIT(S)

Laws 1969, c. 69-306, § 11.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.052

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.052. Carrying concealed firearms; off-duty law enforcement officers

(1) All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at the discretion of their superior officers, and may perform those law enforcement functions that they normally perform during duty hours, utilizing their weapons in a manner which is reasonably expected of on-duty officers in similar situations. However, nothing in this subsection shall be construed to limit the right of a law enforcement officer, correctional officer, or correctional probation officer to carry a concealed firearm off duty as a private citizen under the exemption provided in s. 790.06 that allows a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) to carry a concealed firearm without a concealed weapon or firearm license. The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen under s. 790.06 shall not be liable for the use of the firearm in such capacity. Nothing herein limits the authority of the appointing or employing agency or department from establishing policies limiting law enforcement officers or correctional officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department.

(2) The superior officer of any police department or sheriff's office or the Florida Highway Patrol, if he or she elects to direct the officers under his or her supervision to carry concealed firearms while off duty, shall file a statement with the governing body of such department of his or her instructions and requirements relating to the carrying of said firearms.

CREDIT(S)

Laws 1972, c. 72-84, §§ 1 to 3; Laws 1977, c. 77-104, § 235; Laws 1979, c. 79-8, § 23; Laws 1988, c. 88-183, § 3. Amended by Laws 1995, c. 95-318, § 4, eff. Oct. 1, 1995; Laws 1997, c. 97-102, § 1204, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.053

Effective: June 17, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.053. Open carrying of weapons

(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

(2) A person may openly carry, for purposes of lawful self-defense:

(a) A self-defense chemical spray.

(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1987, c. 87-537, § 1; Laws 1991, c. 91-224, § 173. Amended by Laws 1997, c. 97-72, § 3, eff. May 16, 1997; Laws 1997, c. 97-102, § 1205, eff. July 1, 1997; Laws 2006, c. 2006-298, § 3, eff. June 26, 2006; Laws 2011, c. 2011-145, § 1, eff. June 17, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.054

Effective: June 26, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.054. Prohibited use of self-defense weapon or device against law enforcement officer; penalties

A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance of his or her duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Added by Laws 1997, c. 97-72, § 4, eff. Oct. 1, 1997. Amended by Laws 2006, c. 2006-298, § 4, eff. June 26, 2006.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.06

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.06. License to carry concealed weapon or firearm

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:

(a) Is a resident of the United States and a citizen of the United States or a permanent resident alien of the United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country;

(b) Is 21 years of age or older;

(d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony;

(e) Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted;

(f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been committed under chapter 397 or under the provisions of former chapter 396 or has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;

(g) Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;

(h) Demonstrates competence with a firearm by any one of the following:

1. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;

2. Completion of any National Rifle Association firearms safety or training course;

3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;

4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

5. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;

6. Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or

7. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor;

A photocopy of a certificate of completion of any of the courses or classes; or an affidavit from the instructor, school, club, organization, or group that conducted or taught said course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this paragraph; any person who conducts a course pursuant to subparagraph 2., subparagraph 3., or subparagraph 7., or who, as an instructor, attests to the completion of such courses, must maintain records certifying that he or she observed the student safely handle and discharge the firearm;

(i) Has not been adjudicated an incapacitated person under s. 744.331, or similar laws of any other state, unless 5 years have elapsed since the applicant's restoration to capacity by court order;

(j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state, unless the applicant produces a certificate from a licensed psychiatrist that he or she has not suffered from disability for at least 5 years prior to the date of submission of the application;

(k) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged;

(l) Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and

(m) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

(3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence.

(4) The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and Consumer Services and shall include:

(a) The name, address, place and date of birth, race, and occupation of the applicant;

(b) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3);

(d) A conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under s. 837.06; and

(e) A statement that the applicant desires a concealed weapon or firearms license as a means of lawful self-defense.

(5) The applicant shall submit to the Department of Agriculture and Consumer Services:

(a) A completed application as described in subsection (4).

(b) A nonrefundable license fee not to exceed $70, if he or she has not previously been issued a statewide license, or a nonrefundable license fee not to exceed $60 for renewal of a statewide license. Costs for processing the set of fingerprints as required in paragraph (c) shall be borne by the applicant. However, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a “law enforcement officer,” “correctional officer,” or “correctional probation officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the licensing requirements of this section. If any individual holding an active certification from the Criminal Justice Standards and Training Commission as a “law enforcement officer,” a “correctional officer,” or a “correctional probation officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) wishes to receive a concealed weapons or firearms license, such person is exempt from the background investigation and all background investigation fees, but shall pay the current license fees regularly required to be paid by nonexempt applicants. Further, a law enforcement officer, a correctional officer, or a correctional probation officer as defined in s. 943.10(1), (2), or (3) is exempt from the required fees and background investigation for a period of 1 year subsequent to the date of retirement of said officer as a law enforcement officer, a correctional officer, or a correctional probation officer.

(c) A full set of fingerprints of the applicant administered by a law enforcement agency or the Division of Licensing of the Department of Agriculture and Consumer Services.

(d) A photocopy of a certificate or an affidavit or document as described in paragraph (2)(h).

(e) A full frontal view color photograph of the applicant taken within the preceding 30 days, in which the head, including hair, measures 7/8 of an inch wide and 1 1/8 inches high.

(6)(a) The Department of Agriculture and Consumer Services, upon receipt of the items listed in subsection (5), shall forward the full set of fingerprints of the applicant to the Department of Law Enforcement for state and federal processing, provided the federal service is available, to be processed for any criminal justice information as defined in s. 943.045. The cost of processing such fingerprints shall be payable to the Department of Law Enforcement by the Department of Agriculture and Consumer Services.

(b) The sheriff's office shall provide fingerprinting service if requested by the applicant and may charge a fee not to exceed $5 for this service.

(c) The Department of Agriculture and Consumer Services shall, within 90 days after the date of receipt of the items listed in subsection (5):

1. Issue the license; or

2. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsection (2) or subsection (3). If the Department of Agriculture and Consumer Services denies the application, it shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to chapter 120.

3. In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.

(d) In the event a legible set of fingerprints, as determined by the Department of Agriculture and Consumer Services or the Federal Bureau of Investigation, cannot be obtained after two attempts, the Department of Agriculture and Consumer Services shall determine eligibility based upon the name checks conducted by the Florida Department of Law Enforcement.

(e) A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country must be issued a license within 20 days after the date of the receipt of a completed application, certification document, color photograph as specified in paragraph (5)(e), and a nonrefundable license fee of $300. Consular security official licenses shall be valid for 1 year and may be renewed upon completion of the application process as provided in this section.

(7) The Department of Agriculture and Consumer Services shall maintain an automated listing of licenseholders and pertinent information, and such information shall be available online, upon request, at all times to all law enforcement agencies through the Florida Crime Information Center.

(8) Within 30 days after the changing of a permanent address, or within 30 days after having a license lost or destroyed, the licensee shall notify the Department of Agriculture and Consumer Services of such change. Failure to notify the Department of Agriculture and Consumer Services pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25.

(9) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom the same was issued may, upon payment of $15 to the Department of Agriculture and Consumer Services, obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the Department of Agriculture and Consumer Services that such license has been lost or destroyed.

(10) A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee:

(a) Is found to be ineligible under the criteria set forth in subsection (2);

(b) Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm;

(d) Is found guilty of a crime under the provisions of chapter 893, or similar laws of any other state, relating to controlled substances;

(e) Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under s. 856.011(3), or similar laws of any other state;

(f) Is convicted of a second violation of s. 316.193, or a similar law of another state, within 3 years of a previous conviction of such section, or similar law of another state, even though the first violation may have occurred prior to the date on which the application was submitted;

(g) Is adjudicated an incapacitated person under s. 744.331, or similar laws of any other state; or

(h) Is committed to a mental institution under chapter 394, or similar laws of any other state.

(11)(a) No less than 90 days before the expiration date of the license, the Department of Agriculture and Consumer Services shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the Department of Agriculture and Consumer Services. The licensee must renew his or her license on or before the expiration date by filing with the Department of Agriculture and Consumer Services the renewal form containing a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3), a color photograph as specified in paragraph (5)(e), and the required renewal fee. Out-of-state residents must also submit a completed fingerprint card and fingerprint processing fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate payment of fees, and, if applicable, a completed fingerprint card. Additionally, a licensee who fails to file a renewal application on or before its expiration date must renew his or her license by paying a late fee of $15. A license may not be renewed 180 days or more after its expiration date, and such a license is deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees under subsection (5) must be submitted, and a background investigation shall be conducted pursuant to this section. A person who knowingly files false information under this subsection is subject to criminal prosecution under s. 837.06.

(b) A license issued to a servicemember, as defined in s. 250.01, is subject to paragraph (a); however, such a license does not expire while the servicemember is serving on military orders that have taken him or her over 35 miles from his or her residence and shall be extended, as provided in this paragraph, for up to 180 days after his or her return to such residence. If the license renewal requirements in paragraph (a) are met within the 180-day extension period, the servicemember may not be charged any additional costs, such as, but not limited to, late fees or delinquency fees, above the normal license fees. The servicemember must present to the Department of Agriculture and Consumer Services a copy of his or her official military orders or a written verification from the member's commanding officer before the end of the 180-day period in order to qualify for the extension.

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:

1. Any place of nuisance as defined in s. 823.05;

2. Any police, sheriff, or highway patrol station;

3. Any detention facility, prison, or jail;

4. Any courthouse;

5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;

6. Any polling place;

7. Any meeting of the governing body of a county, public school district, municipality, or special district;

8. Any meeting of the Legislature or a committee thereof;

9. Any school, college, or professional athletic event not related to firearms;

10. Any elementary or secondary school facility or administration building;

11. Any career center;

12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;

14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or

15. Any place where the carrying of firearms is prohibited by federal law.

(b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes.

(d) Any person who knowingly and willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(13) All moneys collected by the department pursuant to this section shall be deposited in the Division of Licensing Trust Fund, and the Legislature shall appropriate from the fund those amounts deemed necessary to administer the provisions of this section. All revenues collected, less those costs determined by the Department of Agriculture and Consumer Services to be nonrecurring or one-time costs, shall be deferred over the 7-year licensure period. Notwithstanding the provisions of s. 493.6117, all moneys collected pursuant to this section shall not revert to the General Revenue Fund; however, this shall not abrogate the requirement for payment of the service charge imposed pursuant to chapter 215.

(14) All funds received by the sheriff pursuant to the provisions of this section shall be deposited into the general revenue fund of the county and shall be budgeted to the sheriff.

(15) The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.

(16) The Department of Agriculture and Consumer Services shall maintain statistical information on the number of licenses issued, revoked, suspended, and denied.

(17) As amended by chapter 87-24, Laws of Florida, this section shall be known and may be cited as the “Jack Hagler Self Defense Act.”

CREDIT(S)

Laws 1893, c. 4147, § 2; Laws 1903, c. 5139, § 1; Gen.St.1906, § 3268; Rev.Gen.St.1920, § 5101; Comp.Gen.Laws 1927, § 7203; Laws 1976, c. 76-165, § 2; Laws 1977, c. 77-121, § 67; Laws 1977, c. 77-302, § 1; Laws 1979, c. 79-164, § 176; Laws 1987, c. 87-24, § 2; Laws 1988, c. 88-183, § 4; Laws 1989, c. 89-60, § 2; Laws 1989, c. 89-96, § 110; Laws 1990, c. 90-311, § 3; Laws 1990, c. 90-316, § 2; Laws 1990, c. 90-364, §§ 1, 7. Amended by Laws 1992, c. 92-52, § 1, eff. April 2, 1992; Laws 1992, c. 92-183, § 1, eff. April 9, 1992; Laws 1993, c. 93-39, § 38, eff. Oct. 1, 1993; Laws 1995, c. 95-196, § 52, eff. June 8, 1995; Laws 1995, c. 95-229, § 1, eff. July 1, 1995; Laws 1995, c. 95-430, § 10, eff. July 1, 1995; Laws 1997, c. 97-94, § 17, eff. July 1, 1997; Laws 1997, c. 97-102, § 1206, eff. July 1, 1997; Laws 1998, c. 98-284, § 5, eff. July 1, 1998; Laws 1998, c. 98-335, § 3, eff. July 1, 1998; Laws 1999, c. 99-245, § 228, eff. July 1, 1999; Laws 2002, c. 2002-295, § 10, eff. Jan. 3, 2003; Laws 2003, c. 2003-1, § 108, eff. July 1, 2003; Laws 2004, c. 2004-357, § 60, eff. July 1, 2004; Laws 2006, c. 2006-90, § 1, eff. July 1, 2006; Laws 2008, c. 2008-105, § 1, eff. June 10, 2008; Laws 2011, c. 2011-145, § 2, eff. June 17, 2011; Laws 2012, c. 2012-144, § 1, eff. July 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.0601

Effective: October 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.0601. Public records exemption for concealed weapons

(1) Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm pursuant to s. 790.06 held by the Division of Licensing of the Department of Agriculture and Consumer Services is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such information held by the division before, on, or after the effective date of this section.

(2) Information made confidential and exempt by this section shall be disclosed:

(a) With the express written consent of the applicant or licensee or his or her legally authorized representative.

(b) By court order upon a showing of good cause.

(c) Upon request by a law enforcement agency in connection with the performance of lawful duties, which shall include access to any automated database containing such information maintained by the Department of Agriculture and Consumer Services.

CREDIT(S)

Added by Laws 2006, c. 2006-102, § 1, eff. July 1, 2006. Amended by Laws 2011, c. 2011-136, § 1, eff. Oct. 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.061

Effective: June 29, 2004

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.061. Judges and justices; exceptions from licensure provisions

A county court judge, circuit court judge, district court of appeal judge, justice of the supreme court, federal district court judge, or federal court of appeals judge serving in this state is not required to comply with the provisions of s. 790.06 in order to receive a license to carry a concealed weapon or firearm, except that any such justice or judge must comply with the provisions of s. 790.06(2)(h). The Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm to any such justice or judge upon demonstration of competence of the justice or judge pursuant to s. 790.06(2)(h).

CREDIT(S)

Laws 1990, c. 90-311, § 2. Amended by Laws 1995, c. 95-229, § 2, eff. July 1, 1995; Laws 2004, c. 2004-5, § 158, eff. June 29, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.062

Effective: April 13, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.062. Members and veterans of United States Armed Forces; exceptions from licensure provisions

(1) Notwithstanding s. 790.06(2)(b), the Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm under s. 790.06 if the applicant is otherwise qualified and:

(a) Is a servicemember, as defined in s. 250.01; or

(b) Is a veteran of the United States Armed Forces who was discharged under honorable conditions.

(2) The Department of Agriculture and Consumer Services shall accept fingerprints of an applicant under this section administered by any law enforcement agency, military provost, or other military unit charged with law enforcement duties or as otherwise provided for in s. 790.06(5)(c).

CREDIT(S)

Added by Laws 2012, c. 2012-108, § 1, eff. April 13, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.065

Effective: June 17, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.065. Sale and delivery of firearms

(1)(a) A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until she or he has:

1. Obtained a completed form from the potential buyer or transferee, which form shall have been promulgated by the Department of Law Enforcement and provided by the licensed importer, licensed manufacturer, or licensed dealer, which shall include the name, date of birth, gender, race, and social security number or other identification number of such potential buyer or transferee and has inspected proper identification including an identification containing a photograph of the potential buyer or transferee.

2. Collected a fee from the potential buyer for processing the criminal history check of the potential buyer. The fee shall be established by the Department of Law Enforcement and may not exceed $8 per transaction. The Department of Law Enforcement may reduce, or suspend collection of, the fee to reflect payment received from the Federal Government applied to the cost of maintaining the criminal history check system established by this section as a means of facilitating or supplementing the National Instant Criminal Background Check System. The Department of Law Enforcement shall, by rule, establish procedures for the fees to be transmitted by the licensee to the Department of Law Enforcement. All such fees shall be deposited into the Department of Law Enforcement Operating Trust Fund, but shall be segregated from all other funds deposited into such trust fund and must be accounted for separately. Such segregated funds must not be used for any purpose other than the operation of the criminal history checks required by this section. The Department of Law Enforcement, each year prior to February 1, shall make a full accounting of all receipts and expenditures of such funds to the President of the Senate, the Speaker of the House of Representatives, the majority and minority leaders of each house of the Legislature, and the chairs of the appropriations committees of each house of the Legislature. In the event that the cumulative amount of funds collected exceeds the cumulative amount of expenditures by more than $2.5 million, excess funds may be used for the purpose of purchasing soft body armor for law enforcement officers.

3. Requested, by means of a toll-free telephone call, the Department of Law Enforcement to conduct a check of the information as reported and reflected in the Florida Crime Information Center and National Crime Information Center systems as of the date of the request.

4. Received a unique approval number for that inquiry from the Department of Law Enforcement, and recorded the date and such number on the consent form.

(b) However, if the person purchasing, or receiving delivery of, the firearm is a holder of a valid concealed weapons or firearms license pursuant to the provisions of s. 790.06 or holds an active certification from the Criminal Justice Standards and Training Commission as a “law enforcement officer,” a “correctional officer,” or a “correctional probation officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), this subsection does not apply.

(c) This subsection does not apply to the purchase, trade, or transfer of a rifle or shotgun by a resident of this state when the resident makes such purchase, trade, or transfer from a licensed importer, licensed manufacturer, or licensed dealer in another state.

(2) Upon receipt of a request for a criminal history record check, the Department of Law Enforcement shall, during the licensee's call or by return call, forthwith:

(a) Review any records available to determine if the potential buyer or transferee:

1. Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. 790.23;

2. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm;

3. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred; or

4. Has been adjudicated mentally defective or has been committed to a mental institution by a court and as a result is prohibited by federal law from purchasing a firearm.

a. As used in this subparagraph, “adjudicated mentally defective” means a determination by a court that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is a danger to himself or herself or to others or lacks the mental capacity to contract or manage his or her own affairs. The phrase includes a judicial finding of incapacity under s. 744.331(6)(a), an acquittal by reason of insanity of a person charged with a criminal offense, and a judicial finding that a criminal defendant is not competent to stand trial.

b. As used in this subparagraph, “committed to a mental institution” means involuntary commitment, commitment for mental defectiveness or mental illness, and commitment for substance abuse. The phrase includes involuntary inpatient placement as defined in s. 394.467, involuntary outpatient placement as defined in s. 394.4655, involuntary assessment and stabilization under s. 397.6818, and involuntary substance abuse treatment under s. 397.6957, but does not include a person in a mental institution for observation or discharged from a mental institution based upon the initial review by the physician or a voluntary admission to a mental institution.

c. In order to check for these conditions, the department shall compile and maintain an automated database of persons who are prohibited from purchasing a firearm based on court records of adjudications of mental defectiveness or commitments to mental institutions. Clerks of court shall submit these records to the department within 1 month after the rendition of the adjudication or commitment. Reports shall be submitted in an automated format. The reports must, at a minimum, include the name, along with any known alias or former name, the sex, and the date of birth of the subject.

d. A person who has been adjudicated mentally defective or committed to a mental institution, as those terms are defined in this paragraph, may petition the circuit court that made the adjudication or commitment for relief from the firearm disabilities imposed by such adjudication or commitment. A copy of the petition shall be served on the state attorney for the county in which the person was adjudicated or committed. The state attorney may object to and present evidence relevant to the relief sought by the petition. The hearing on the petition may be open or closed as the petitioner may choose. The petitioner may present evidence and subpoena witnesses to appear at the hearing on the petition. The petitioner may confront and cross-examine witnesses called by the state attorney. A record of the hearing shall be made by a certified court reporter or by court-approved electronic means. The court shall make written findings of fact and conclusions of law on the issues before it and issue a final order. The court shall grant the relief requested in the petition if the court finds, based on the evidence presented with respect to the petitioner's reputation, the petitioner's mental health record and, if applicable, criminal history record, the circumstances surrounding the firearm disability, and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest. If the final order denies relief, the petitioner may not petition again for relief from firearm disabilities until 1 year after the date of the final order. The petitioner may seek judicial review of a final order denying relief in the district court of appeal having jurisdiction over the court that issued the order. The review shall be conducted de novo. Relief from a firearm disability granted under this sub-subparagraph has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication of mental defectiveness or commitment to a mental institution from which relief is granted.

e. Upon receipt of proper notice of relief from firearm disabilities granted under sub-subparagraph d., the department shall delete any mental health record of the person granted relief from the automated database of persons who are prohibited from purchasing a firearm based on court records of adjudications of mental defectiveness or commitments to mental institutions.

f. The department is authorized to disclose the collected data to agencies of the Federal Government and other states for use exclusively in determining the lawfulness of a firearm sale or transfer. The department is also authorized to disclose any collected data to the Department of Agriculture and Consumer Services for purposes of determining eligibility for issuance of a concealed weapons or concealed firearms license and for determining whether a basis exists for revoking or suspending a previously issued license pursuant to s. 790.06(10). When a potential buyer or transferee appeals a nonapproval based on these records, the clerks of court and mental institutions shall, upon request by the department, provide information to help determine whether the potential buyer or transferee is the same person as the subject of the record. Photographs and any other data that could confirm or negate identity must be made available to the department for such purposes, notwithstanding any other provision of state law to the contrary. Any such information that is made confidential or exempt from disclosure by law shall retain such confidential or exempt status when transferred to the department.

(b) Inform the licensee making the inquiry either that records demonstrate that the buyer or transferee is so prohibited and provide the licensee a nonapproval number, or provide the licensee with a unique approval number.

(c) 1. Review any records available to it to determine whether the potential buyer or transferee has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law, or, as mandated by federal law, has had an injunction for protection against domestic violence entered against the potential buyer or transferee under s. 741.30, has had an injunction for protection against repeat violence entered against the potential buyer or transferee under s. 784.046, or has been arrested for a dangerous crime as specified in s. 907.041(4)(a) or for any of the following enumerated offenses:

a. Criminal anarchy under ss. 876.01 and 876.02.

b. Extortion under s. 836.05.

c. Explosives violations under s. 552.22(1) and (2).

d. Controlled substances violations under chapter 893.

e. Resisting an officer with violence under s. 843.01.

f. Weapons and firearms violations under this chapter.

g. Treason under s. 876.32.

h. Assisting self-murder under s. 782.08.

i. Sabotage under s. 876.38.

j. Stalking or aggravated stalking under s. 784.048.

If the review indicates any such indictment, information, or arrest, the department shall provide to the licensee a conditional nonapproval number.

2. Within 24 working hours, the department shall determine the disposition of the indictment, information, or arrest and inform the licensee as to whether the potential buyer is prohibited from receiving or possessing a firearm. For purposes of this paragraph, “working hours” means the hours from 8 a.m. to 5 p.m. Monday through Friday, excluding legal holidays.

3. The office of the clerk of court, at no charge to the department, shall respond to any department request for data on the disposition of the indictment, information, or arrest as soon as possible, but in no event later than 8 working hours.

4. The department shall determine as quickly as possible within the allotted time period whether the potential buyer is prohibited from receiving or possessing a firearm.

5. If the potential buyer is not so prohibited, or if the department cannot determine the disposition information within the allotted time period, the department shall provide the licensee with a conditional approval number.

6. If the buyer is so prohibited, the conditional nonapproval number shall become a nonapproval number.

7. The department shall continue its attempts to obtain the disposition information and may retain a record of all approval numbers granted without sufficient disposition information. If the department later obtains disposition information which indicates:

a. That the potential buyer is not prohibited from owning a firearm, it shall treat the record of the transaction in accordance with this section; or

b. That the potential buyer is prohibited from owning a firearm, it shall immediately revoke the conditional approval number and notify local law enforcement.

8. During the time that disposition of the indictment, information, or arrest is pending and until the department is notified by the potential buyer that there has been a final disposition of the indictment, information, or arrest, the conditional nonapproval number shall remain in effect.

(3) In the event of scheduled computer downtime, electronic failure, or similar emergency beyond the control of the Department of Law Enforcement, the department shall immediately notify the licensee of the reason for, and estimated length of, such delay. After such notification, the department shall forthwith, and in no event later than the end of the next business day of the licensee, either inform the requesting licensee if its records demonstrate that the buyer or transferee is prohibited from receipt or possession of a firearm pursuant to Florida and Federal law or provide the licensee with a unique approval number. Unless notified by the end of said next business day that the buyer or transferee is so prohibited, and without regard to whether she or he has received a unique approval number, the licensee may complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer.

(4)(a) Any records containing any of the information set forth in subsection (1) pertaining to a buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of Florida and federal law which records are created by the Department of Law Enforcement to conduct the criminal history record check shall be confidential and exempt from the provisions of s. 119.07(1) and may not be disclosed by the Department of Law Enforcement or any officer or employee thereof to any person or to another agency. The Department of Law Enforcement shall destroy any such records forthwith after it communicates the approval and nonapproval numbers to the licensee and, in any event, such records shall be destroyed within 48 hours after the day of the response to the licensee's request.

(b) Notwithstanding the provisions of this subsection, the Department of Law Enforcement may maintain records of NCIC transactions to the extent required by the Federal Government, and may maintain a log of dates of requests for criminal history records checks, unique approval and nonapproval numbers, license identification numbers, and transaction numbers corresponding to such dates for a period of not longer than 2 years or as otherwise required by law.

(c) Nothing in this chapter shall be construed to allow the State of Florida to maintain records containing the names of purchasers or transferees who receive unique approval numbers or to maintain records of firearm transactions.

(d) Any officer or employee, or former officer or employee of the Department of Law Enforcement or law enforcement agency who intentionally and maliciously violates the provisions of this subsection commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083.

(5) The Department of Law Enforcement shall establish a toll-free telephone number which shall be operational 7 days a week with the exception of Christmas Day and New Year's Day, for a period of 12 hours a day beginning at 9 a.m. and ending at 9 p.m., for purposes of responding to inquiries as described in this section from licensed manufacturers, licensed importers, and licensed dealers. The Department of Law Enforcement shall employ and train such personnel as are necessary expeditiously to administer the provisions of this section.

(6) Any person who is denied the right to receive or purchase a firearm as a result of the procedures established by this section may request a criminal history records review and correction in accordance with the rules promulgated by the Department of Law Enforcement.

(7) It shall be unlawful for any licensed dealer, licensed manufacturer, or licensed importer willfully and intentionally to request criminal history record information under false pretenses, or willfully and intentionally to disseminate criminal history record information to any person other than the subject of such information. Any person convicted of a violation of this subsection commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083.

(8) The Department of Law Enforcement shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to this section.

(9) This section shall become effective at such time as the Department of Law Enforcement has notified all licensed importers, licensed manufacturers, and licensed dealers in writing that the procedures and toll-free number described in this section are operational. This section shall remain in effect only during such times as the procedures described in subsection (2) remain operational.

(10) A licensed importer, licensed manufacturer, or licensed dealer is not required to comply with the requirements of this section in the event of:

(a) Unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of said premises; or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee; or

(b) Failure of the Department of Law Enforcement to comply with the requirements of subsections (2) and (3).

(11) Compliance with the provisions of this chapter shall be a complete defense to any claim or cause of action under the laws of any state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year, of any firearm which has been shipped or transported in interstate or foreign commerce. The Department of Law Enforcement, its agents and employees shall not be liable for any claim or cause of action under the laws of any state for liability for damages arising from its actions in lawful compliance with this section.

(12)(a) Any potential buyer or transferee who willfully and knowingly provides false information or false or fraudulent identification commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083.

(b) Any licensed importer, licensed manufacturer, or licensed dealer who violates the provisions of subsection (1) commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083.

(c) Any employee or agency of a licensed importer, licensed manufacturer, or licensed dealer who violates the provisions of subsection (1) commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083.

(d) Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(13) This section does not apply to employees of sheriff's offices, municipal police departments, correctional facilities or agencies, or other criminal justice or governmental agencies when the purchases or transfers are made on behalf of an employing agency for official law enforcement purposes.

CREDIT(S)

Laws 1989, c. 89-191, § 1; Laws 1990, c. 90-316, § 1. Amended by Laws 1992, c. 92-183, § 4, eff. April 9, 1992; Laws 1993, c. 93-197, § 1; Laws 1994, c. 94-256, § 1, eff. Oct. 1, 1994; Laws 1995, c. 95-195, § 14, eff. July 1, 1995; Laws 1995, c. 95-430, § 8, eff. July 1, 1995; Laws 1996, c. 96-392, § 7, eff. July 1, 1996; Laws 1996, c. 96-406, § 429, eff. July 3, 1996; Laws 1997, c. 97-94, § 29, eff. July 1, 1997; Laws 1997, c. 97-102, § 1816, eff. July 1, 1997; Laws 1998, c. 98-284, § 6, eff. July 1, 1998; Laws 1999, c. 99-300, §§ 8, 9, eff. July 1, 1999; Laws 2000, c. 2000-218, § 1, eff. June 5, 2000; Laws 2002, c. 2002-205, § 12, eff. April 29, 2002; Laws 2003, c. 2003-23, § 3, eff. Oct. 1, 2003; Laws 2004, c. 2004-79, § 1, eff. May 21, 2004; Laws 2006, c. 2006-176, § 1, eff. July 1, 2006; Laws 2008, c. 2008-50, § 1, eff. July 1, 2008; Laws 2009, c. 2009-233, § 1, eff. July 1, 2009; Laws 2010, c. 2010-62, § 1, eff. July 1, 2010; Laws 2011, c. 2011-145, § 4, eff. June 17, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.0655

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.0655. Purchase and delivery of handguns; mandatory waiting period; exceptions; penalties

(1)(a) There shall be a mandatory 3-day waiting period, which shall be 3 days, excluding weekends and legal holidays, between the purchase and the delivery at retail of any handgun. “Purchase” means the transfer of money or other valuable consideration to the retailer. “Handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. “Retailer” means and includes every person engaged in the business of making sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13).

(b) Records of handgun sales must be available for inspection by any law enforcement agency, as defined in s. 934.02, during normal business hours.

(2) The 3-day waiting period shall not apply in the following circumstances:

(a) When a handgun is being purchased by a holder of a concealed weapons permit as defined in s. 790.06.

(b) To a trade-in of another handgun.

(3) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a) For any retailer, or any employee or agent of a retailer, to deliver a handgun before the expiration of the 3-day waiting period, subject to the exceptions provided in subsection (2).

(b) For a purchaser to obtain delivery of a handgun by fraud, false pretense, or false representation.

CREDIT(S)

Laws 1991, c. 91-24, § 1. Amended by Laws 1992, c. 92-183, § 3, eff. April 9, 1992; Laws 1999, c. 99-3, § 98, eff. June 29, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.07. Persons engaged in criminal offense, having weapons

(1) Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, and s. 775.084.

(3) The following crimes are excluded from application of this section: Antitrust violations, unfair trade practices, restraints of trade, nonsupport of dependents, bigamy, or other similar offenses.

(4) Whoever, having previously been convicted of a violation of subsection (1) or subsection (2) and, subsequent to such conviction, displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, carries a concealed weapon, or carries a concealed firearm while committing or attempting to commit any felony or while under indictment is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Sentence shall not be suspended or deferred under the provisions of this subsection.

CREDIT(S)

Laws 1868, c. 1637, subc. 7, § 10; Rev.St.1892, § 2423; Laws 1893, c. 4124, § 2; Gen.St.1906, § 3269; Rev.Gen.St.1920, § 5102; Comp.Gen.Laws 1927, § 7204; Laws 1969, c. 69-306, § 4; Laws 1971, c. 71-136, § 741; Laws 1976, c. 76-165, § 2; Laws 1991, c. 91-223, § 2.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.08

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.08. Taking possession of weapons and arms; reports; disposition; custody

(1) Every officer making an arrest under s. 790.07, or under any other law or municipal ordinance within the state, shall take possession of any weapons, electric weapons or devices, or arms mentioned in s. 790.07 found upon the person arrested and deliver them to the sheriff of the county, or the chief of police of the municipality wherein the arrest is made, who shall retain the same until after the trial of the person arrested.

(2) If the person arrested as aforesaid is convicted of violating s. 790.07, or of a similar offense under any municipal ordinance, or any other offense involving the use or attempted use of such weapons, electric weapons or devices, or arms, such weapons, electric weapons or devices, or arms shall become forfeited to the state, without any order of forfeiture being necessary, although the making of such an order shall be deemed proper, and such weapons, electric weapons or devices, or arms shall be forthwith delivered to the sheriff by the chief of police or other person having custody thereof, and the sheriff is hereby made the custodian of such weapons, electric weapons or devices, and arms for the state.

(3) If the person arrested as aforesaid is acquitted of the offenses mentioned in subsection (2), the said weapons, electric weapons or devices, or arms taken from the person as aforesaid shall be returned to him or her; however, if he or she fails to call for or receive the same within 60 days from and after his or her acquittal or the dismissal of the charges against him or her, the same shall be delivered to the sheriff as aforesaid to be held by the sheriff as hereinafter provided. This subsection shall likewise apply to persons and their weapons, electric weapons or devices, or arms who have heretofore been acquitted or the charges against them dismissed.

(4) All such weapons, electric weapons or devices, and arms now in, or hereafter coming into, the hands of any of the peace officers of this state or any of its political subdivisions, which have been found abandoned or otherwise discarded, or left in their hands and not reclaimed by the owners shall, within 60 days, be delivered by such peace officers to the sheriff of the county aforesaid.

(5) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff pursuant to subsections (3) and (4) aforesaid shall, unless reclaimed by the owner thereof within 6 months from the date the same come into the hands of the said sheriff, become forfeited to the state, and no action or proceeding for their recovery shall thereafter be maintained in this state.

(6) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff as aforesaid shall be listed, kept, and held by him or her as custodian for the state. Any or all such weapons, electric weapons or devices, and arms suitable for use by the sheriff may be so used. All such weapons, electric weapons or devices, and arms not needed by the said sheriff may be loaned to any other department of the state or to any county or municipality having use for such weapons, electric weapons or devices, and arms. The sheriff shall take the receipt of such other department, county, or municipality for such weapons, electric weapons or devices, and arms loaned to them. All weapons, electric weapons or devices, and arms which are not needed or which are useless or unfit for use shall be destroyed or otherwise disposed of by the sheriff as provided in chapter 705 or as provided in the Florida Contraband Forfeiture Act. All sums received from the sale or other disposition of the said weapons, electric weapons or devices, or arms disposed of by the sheriff under chapter 705 as aforesaid shall be paid into the State Treasury for the benefit of the State School Fund and shall become a part thereof. All sums received from the sale or other disposition of any such weapons, electric weapons or devices, or arms disposed of by the sheriff under the Florida Contraband Forfeiture Act shall be disbursed as provided therein.

(7) This section does not apply to any municipality in any county having home rule under the State Constitution.

CREDIT(S)

Laws 1885, c. 3620, § 3; Rev.St.1892, § 2424; Gen.St.1906, § 3270; Rev.Gen.St.1920, § 5103; Comp.Gen.Laws 1927, § 7205; Laws 1943, c. 22049, § 1; Laws 1967, c. 67-523, §§ 1 to 3, 5 to 8; Laws 1967, Ex.Sess., c. 67-2207, § 3; Laws 1969, c. 69-106, §§ 20, 35; Laws 1976, c. 76-165, § 2; Laws 1979, c. 79-8, § 24; Laws 1980, c. 80-68, § 12; Laws 1983, c. 83-21, § 1. Amended by Laws 1997, c. 97-93, § 17, eff. July 1, 1997; Laws 1997, c. 97-102, § 1207, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.09

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.09. Manufacturing or selling slungshot

Whoever manufactures or causes to be manufactured, or sells or exposes for sale any instrument or weapon of the kind usually known as slungshot, or metallic knuckles, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1868, c. 1637, subc. 7, § 11; Rev.St.1892, § 2425; Laws 1893, c. 4124, § 3; Gen.St.1906, § 3271; Rev.Gen.St.1920, § 5104; Comp.Gen.Laws 1927, § 7206; Laws 1971, c. 71-136, § 742.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.10

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.10. Improper exhibition of dangerous weapons or firearms

If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1897, c. 4532, § 1; Gen.St.1906, § 3272; Rev.Gen.St.1920, § 5105; Comp.Gen.Laws 1927, § 7207; Laws 1969, c. 69-306, § 5; Laws 1971, c. 71-136, § 743; Laws 1976, c. 76-165, § 2; Laws 1991, c. 91-224, § 174.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.11

Effective: October 1, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.11 Repealed by Laws 2006, c. 2006-103, § 1, eff. October 1, 2006

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.115

Effective: January 1, 2007

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.115. Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions

(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.

(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:

1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;

2. In a case to a career center having a firearms training range; or

3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

For the purposes of this section, “school” means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

(b) A person who willfully and knowingly possesses any electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)1. A person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A person who stores or leaves a loaded firearm within the reach or easy access of a minor who obtains the firearm and commits a violation of subparagraph 1. commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; except that this does not apply if the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a firearm-mounted push-button combination lock or a trigger lock; if the minor obtains the firearm as a result of an unlawful entry by any person; or to members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.

(d) A person who discharges any weapon or firearm while in violation of paragraph (a), unless discharged for lawful defense of himself or herself or another or for a lawful purpose, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(e) The penalties of this subsection shall not apply to persons licensed under s. 790.06. Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12), except that a licenseholder who unlawfully discharges a weapon or firearm on school property as prohibited by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not apply to any law enforcement officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14).

(4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1), any minor under 18 years of age who is charged under this section with possessing or discharging a firearm on school property shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a probable cause hearing within 24 hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention for a period of 21 days, during which time the minor shall receive medical, psychiatric, psychological, or substance abuse examinations pursuant to s. 985.18, and a written report shall be completed.

CREDIT(S)

Added by Laws 1992, c. 92-130, § 4, eff. Oct. 1, 1992. Amended by Laws 1993, c. 93-230, § 11, eff. May 15, 1993; Laws 1994, c. 94-289, § 1, eff. July 1, 1994; Laws 1997, c. 97-102, § 1209, eff. July 1, 1997; Laws 1997, c. 97-234, § 20, eff. Oct. 1, 1997; Laws 1999, c. 99-284, § 3, eff. July 1, 1999; Laws 2004, c. 2004-357, § 61, eff. July 1, 2004; Laws 2006, c. 2006-120, § 112, eff. Jan. 1, 2007; Laws 2006, c. 2006-186, § 2, eff. July 1, 2006.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.12

Effective: October 1, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.12 Repealed by Laws 2006, c. 2006-103, § 1, eff. October 1, 2006

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.13

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.13. Repealed by Laws 1955, c. 29888, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.14

Effective: October 1, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.14. Repealed by Laws 2006, c. 2006-103, § 1, eff. October 1, 2006

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.145

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.145. Crimes in pharmacies; possession of weapons; penalties

(1) Unless otherwise provided by law, any person who is in possession of a concealed “firearm,” as defined in s. 790.001(6), or a “destructive device,” as defined in s. 790.001(4), within the premises of a “pharmacy,” as defined in chapter 465, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) The provisions of this section do not apply:

(a) To any law enforcement officer;

(b) To any person employed and authorized by the owner, operator, or manager of a pharmacy to carry a firearm or destructive device on such premises; or

CREDIT(S)

Laws 1981, c. 81-278, § 1; Laws 1990, c. 90-124, § 2; Laws 1990, c. 90-176, § 2.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.15

Effective: May 8, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.15. Discharging firearm in public or on residential property

(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.

(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1881, c. 3289, § 1; Rev.St.1892, § 2683; Gen.St.1906, § 3626; Rev.Gen.St.1920, § 5557; Comp.Gen.Laws 1927, § 7743; Laws 1961, c. 61-334; Laws 1971, c. 71-136, § 745; Laws 1978, c. 78-17, § 1; Laws 1989, c. 89-157, § 1. Amended by Laws 1999, c. 99-245, § 229, eff. July 1, 1999; Laws 2012, c. 2012-7, § 77, eff. May 8, 2012; Laws 2012, c. 2012-108, § 3, eff. April 13, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.151

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.151. Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties

(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

CREDIT(S)

Laws 1991, c. 91-84, § 1. Amended by Laws 1997, c. 97-102, § 1210, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.153

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.153. Tests for impairment or intoxication; right to refuse

(1)(a) Any person who uses a firearm within this state shall submit to an approved chemical or physical breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of controlled substances, if there is probable cause to believe that the person was using a firearm while under the influence of alcoholic beverages or controlled substances or that the person is lawfully arrested for any offense allegedly committed while he or she was using a firearm while under the influence of alcoholic beverages or controlled substances. The breath test shall be incidental to a lawful arrest and administered at the request of a law enforcement officer who has probable cause to believe such person was using the firearm within this state while under the influence of alcoholic beverages. The urine test shall be incidental to a lawful arrest and administered at a detention facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has probable cause to believe such person was using a firearm within this state while under the influence of controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a chemical or physical breath or urine test upon the request of a law enforcement officer as provided in this section shall be admissible into evidence in any criminal proceeding. This section shall not hinder the taking of a mandatory blood test as outlined in s. 790.155.

(b) If the arresting officer does not request a chemical or physical test of the person arrested for any offense allegedly committed while the person was using a firearm while under the influence of alcoholic beverages or controlled substances, such person may request the arresting officer to have a chemical or physical test made of the arrested person's breath for the purpose of determining the alcoholic content of the person's blood or a chemical test of urine or blood for the purpose of determining the presence of controlled substances; and, if so requested, the arresting officer shall have the test performed.

(c) The provisions of s. 316.1932(1)(f), relating to administration of tests for determining the weight of alcohol in the defendant's blood, additional tests at the defendant's expense, availability of test information to the defendant or the defendant's attorney, and liability of medical institutions and persons administering such tests are incorporated into this act.

(2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(3) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 790.151 upon request for such information.

CREDIT(S)

Laws 1991, c. 91-84, § 2. Amended by Laws 1997, c. 97-102, § 1211, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.155

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.155. Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force

(1)(a) Notwithstanding any recognized ability to refuse to submit to the tests provided in s. 790.153, if a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of alcoholic beverages or controlled substances has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the alcoholic content thereof or the presence of controlled substances therein. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner.

(b) The term “serious bodily injury” means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(2) The provisions of s. 316.1933(2), relating to blood tests for impairment or intoxication, are incorporated into this act.

(3)(a) Any criminal charge resulting from the incident giving rise to the officer's demand for testing should be tried concurrently with a charge of any violation of s. 790.151. If such charges are tried separately, the fact that such person refused, resisted, obstructed, or opposed testing shall be admissible at the trial of the criminal offense which gave rise to the demand for testing.

(b) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(4) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 790.151 upon request for such information.

CREDIT(S)

Laws 1991, c. 91-84, § 3. Amended by Laws 1997, c. 97-102, § 1212, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.157

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.157. Presumption of impairment; testing methods

(1) It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or chemical or physical analysis of the person's breath, shall give rise to the following presumptions:

(a) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(c) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(3) A chemical analysis of a person's blood to determine its alcoholic content or a chemical or physical analysis of a person's breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Florida Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid. The Florida Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualification and competence of individuals to conduct such analyses, and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department.

(4) Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances to the extent that his or her normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure.

CREDIT(S)

Laws 1991, c. 91-84, § 4. Amended by Laws 1997, c. 97-102, § 1213, eff. July 1, 1997; Laws 1999, c. 99-8, § 294, eff. June 29, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.16

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.16. Discharging machine guns; penalty

(1) It is unlawful for any person to shoot or discharge any machine gun upon, across, or along any road, street, or highway in the state; upon or across any public park in the state; or in, upon, or across any public place where people are accustomed to assemble in the state. The discharge of such machine gun in, upon, or across such public street; in, upon, or across such public park; or in, upon, or across such public place, whether indoors or outdoors, including all theaters and athletic stadiums, with intent to do bodily harm to any person or with intent to do damage to property not resulting in the death of another person shall be a felony of the first degree, punishable as provided in s. 775.082. A sentence not exceeding life imprisonment is specifically authorized when great bodily harm to another or serious disruption of governmental operations results.

(2) This section shall not apply to the use of such machine guns by any United States or state militia or by any law enforcement officer while in the discharge of his or her lawful duty in suppressing riots and disorderly conduct and in preserving and protecting the public peace or in the preservation of public property, or when said use is authorized by law.

CREDIT(S)

Laws 1933, c. 16111, § 1; Comp.Gen.Laws Supp.1936, § 7748(1); Laws 1971, c. 71-136, § 746; Laws 1972, c. 72-724, § 5; Laws 1976, c. 76-38, § 1. Amended by Laws 1997, c. 97-102, § 1214, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.161

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.161. Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties

A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:

(1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.

(2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084.

(3) If the act results in bodily harm to another person or in property damage, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084.

(4) If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082. 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 if convicted of murder in the first degree or of a capital felony under this subsection, and such person shall be ineligible for parole. 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.

CREDIT(S)

Laws 1959, c. 59-29, § 1; Laws 1969, c. 69-306, § 6; Laws 1970, c. 70-85, § 1; Laws 1971, c. 71-136, § 747; Laws 1972, c. 72-724, § 6; Laws 1976, c. 76-38, § 2; Laws 1988, c. 88-381, § 44; Laws 1990, c. 90-124, § 3; Laws 1990, c. 90-176, § 3. Amended by Laws 1993, c. 93-406, § 19, eff. Jan. 1, 1994; Laws 1994, c. 94-228, § 2, eff. May 25, 1994; Laws 1998, c. 98-3, § 3, eff. March 26, 1998.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.1612

Effective: June 26, 2003

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.1612. Authorization for governmental manufacture, possession, and use of destructive devices

The governing body of any municipality or county and the Division of State Fire Marshal of the Department of Financial Services have the power to authorize the manufacture, possession, and use of destructive devices as defined in s. 790.001(4).

CREDIT(S)

Laws 1990, c. 90-124, § 6; Laws 1990, c. 90-176, § 6. Amended by Laws 2003, c. 2003-261, § 1905, eff. June 26, 2003.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.1615

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.1615. Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty

(1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for any violation of this section and for any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb committed during the same criminal episode. A conviction for any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb, however, is not necessary for a conviction under this section.

CREDIT(S)

Laws 1984, c. 84-23, § 1; Laws 1990, c. 90-124, § 7; Laws 1990, c. 90-176, § 7.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.162

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.162. Threat to throw, project, place, or discharge any destructive device, felony; penalty

It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1959, c. 59-29, § 2; Laws 1969, c. 69-306, § 7; Laws 1971, c. 71-136, § 748; Laws 1988, c. 88-381, § 45; Laws 1990, c. 90-124, § 4; Laws 1990, c. 90-176, § 4.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.163

Effective: July 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.163. False report about planting bomb, explosive, or weapon of mass destruction; penalty

(1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166; and any person convicted thereof commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Notwithstanding any other law, adjudication of guilt or imposition of sentence for a violation of this section may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals.

(3) Proof that a person accused of violating this section knowingly made a false report is prima facie evidence of the accused person's intent to deceive, mislead, or otherwise misinform any person.

(4) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.

CREDIT(S)

Laws 1959, c. 59-29, § 3; Laws 1971, c. 71-136, § 749. Amended by Laws 2002, c. 2002-28, § 1, eff. July 1, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.164

Effective: July 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.164. False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property; penalty; reward

(1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166, or concerning any act of arson or other violence to property owned by the state or any political subdivision. Any person violating this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Proof that a person accused of violating this section knowingly made a false report is prima facie evidence of the accused person's intent to deceive, mislead, or otherwise misinform any person.

(4)(a) There shall be a $5,000 reward for the giving of information to any law enforcement agency in the state, which information leads to the arrest and conviction of any person violating the provisions of this section. Any person claiming such reward shall apply to the law enforcement agency developing the case and be paid by the Department of Law Enforcement from the deficiency fund.

(b) There shall be only one reward given for each case, regardless of how many persons are arrested and convicted in connection with the case and regardless of how many persons submit claims for the reward.

(c) The Department of Law Enforcement shall establish procedures to be used by all reward applicants, and the circuit judge in whose jurisdiction the action occurs shall review all such applications and make final determination as to those applicants entitled to receive an award.

(d) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.

CREDIT(S)

Laws 1971, c. 71-306, §§ 2, 2A; Laws 1976, c. 76-146, § 1; Laws 1977, c. 77-104, § 236; Laws 1979, c. 79-8, § 25. Amended by Laws 2002, c. 2002-28, § 2, eff. July 1, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.165

Effective: July 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.165. Planting of “hoax bomb” prohibited; penalties

(1) For the purposes of this section, “hoax bomb” means any device or object that by its design, construction, content, or characteristics appears to be, or to contain, or is represented to be or to contain, a destructive device or explosive as defined in this chapter, but is, in fact, an inoperative facsimile or imitation of such a destructive device or explosive, or contains no destructive device or explosive as was represented.

(2) Any person who, without lawful authority, manufactures, possesses, sells, delivers, sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others, a hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who, while committing or attempting to commit any felony, possesses, displays, or threatens to use any hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other law, adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals.

(4) Subsection (2) does not apply to any law enforcement officer, firefighter, person, or corporation licensed pursuant to chapter 493, or member of the armed forces of the United States while engaged in training or other lawful activity within the scope of his or her employment, or to any person properly authorized to test a security system, or to any security personnel, while operating within the scope of their employment, including, but not limited to, security personnel in airports and other controlled access areas, or to any member of a theatrical company or production using a hoax bomb as property during the course of a rehearsal or performance.

(5) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.

CREDIT(S)

Laws 1987, c. 87-243, § 39; Laws 1990, c. 90-124, § 5; Laws 1990, c. 90-176, § 5. Amended by Laws 1993, c. 93-406, § 20, eff. Jan. 1, 1994; Laws 1997, c. 97-102, § 1215, eff. July 1, 1997; Laws 2002, c. 2002-28, § 3, eff. July 1, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.166

Effective: July 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.166. Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction prohibited; definitions; penalties

(1) As used in this section, the term:

(a) “Weapon of mass destruction” means:

1. Any device or object that is designed or intended to cause death or serious bodily injury to any human or animal, or severe emotional or mental harm to any human, through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

2. Any device or object involving a biological agent;

3. Any device or object that is designed or intended to release radiation or radioactivity at a level dangerous to human or animal life; or

4. Any biological agent, toxin, vector, or delivery system.

(b) “Hoax weapon of mass destruction” means any device or object that by its design, construction, content, or characteristics appears to be or to contain, or is represented to be, constitute, or contain, a weapon of mass destruction as defined in this section, but which is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a weapon of mass destruction which does not meet the definition of a weapon of mass destruction or which does not actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system prohibited by this section.

(c) “Biological agent” means any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of causing:

1. Death, disease, or other biological malfunction in a human, an animal, a plant, or other living organism;

2. Deterioration of food, water, equipment, supplies, or material of any kind; or

3. Deleterious alteration of the environment.

(d) “Toxin” means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of reproduction, including:

1. Any poisonous substance or biological product that may be engineered through biotechnology produced by a living organism; or

2. Any poisonous isomer or biological product, homolog, or derivative of such substance.

(e) “Delivery system” means:

1. Any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or

2. Any vector.

(f) “Vector” means a living organism or molecule, including a recombinant molecule or biological product that may be engineered through biotechnology, capable of carrying a biological agent or toxin to a host.

(2) A person who, without lawful authority, manufactures, possesses, sells, delivers, sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others a weapon of mass destruction commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084, and if death results, commits a capital felony, punishable as provided in s. 775.082.

(3) Any person who, without lawful authority, manufactures, possesses, sells, delivers, mails, sends, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others, a hoax weapon of mass destruction commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who, while committing or attempting to commit any felony, possesses, displays, or threatens to use any hoax weapon of mass destruction commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Notwithstanding any other law, adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld for a violation of this section. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals.

(6) Proof that a device or object described in subparagraph (1)(a)1. caused death or serious bodily injury to a human or animal through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors, is prima facie evidence that the device or object was designed or intended to cause such death or serious bodily injury. Proof that a device or object described in subparagraph (1)(a)3. released radiation or radioactivity at a level dangerous to human or animal life is prima facie evidence that the device or object was designed or intended for such release.

(7) This section does not apply to any member or employee of the Armed Forces of the United States, a federal or state governmental agency, or a private entity who is otherwise engaged in lawful activity within the scope of his or her employment, if such person is otherwise duly authorized or licensed to manufacture, possess, sell, deliver, display, or otherwise engage in activity relative to this section and if such person is in compliance with applicable federal and state law.

(8) For purposes of this section, the term “weapon of mass destruction” does not include:

(a) A device or instrument that emits or discharges smoke or an offensive, noxious, or irritant liquid, powder, gas, or chemical for the purpose of immobilizing, incapacitating, or thwarting an attack by a person or animal and that is lawfully possessed or used by a person for the purpose of self-protection or, as provided in subsection (7), is lawfully possessed or used by any member or employee of the Armed Forces of the United States, a federal or state governmental agency, or a private entity. A member or employee of a federal or state governmental agency includes, but is not limited to, a law enforcement officer, as defined in s. 784.07; a federal law enforcement officer, as defined in s. 901.1505; and an emergency service employee, as defined in s. 496.404.

(b) The liquid, powder, gas, chemical, or smoke that is emitted or discharged from a device or instrument as specified in paragraph (a).

(9) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.

CREDIT(S)

Added by Laws 2000, c. 2000-218, § 2, eff. July 1, 2000. Amended by Laws 2002, c. 2002-28, § 4, eff. July 1, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.169

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.169. Juvenile offenders; release of names and addresses

A law enforcement agency may release for publication the name and address of a child who has been convicted of any offense involving possession or use of a firearm.

CREDIT(S)

Laws 1993, c. 93-416, § 1, eff. Jan. 1, 1994.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.17

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.17. Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited

(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22.

CREDIT(S)

Laws 1881, c. 3285, §§ 1, 2; Rev.St.1892, § 2684; Gen.St.1906, § 3627; Rev.Gen.St.1920, § 5558; Comp.Gen.Laws 1927, § 7744; Laws 1965, c. 65-187, § 1; Laws 1971, c. 71-136, § 750; Laws 1976, c. 76-165, § 2; Laws 1991, c. 91-224, § 175. Amended by Laws 1993, c. 93-416, § 2, eff. Jan. 1, 1994.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.173

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.173. Legislative findings and intent

(1) The Legislature finds that a tragically large number of Florida children have been accidentally killed or seriously injured by negligently stored firearms; that placing firearms within the reach or easy access of children is irresponsible, encourages such accidents, and should be prohibited; and that legislative action is necessary to protect the safety of our children.

(2) It is the intent of the Legislature that adult citizens of the state retain their constitutional right to keep and bear firearms for hunting and sporting activities and for defense of self, family, home, and business and as collectibles. Nothing in this act shall be construed to reduce or limit any existing right to purchase and own firearms, or to provide authority to any state or local agency to infringe upon the privacy of any family, home, or business, except by lawful warrant.

CREDIT(S)

Laws 1989, c. 89-534, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.174

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.174. Safe storage of firearms required

(1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in s. 790.001, and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor's parent or the person having charge of the minor, or without the supervision required by law, shall keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure or shall secure it with a trigger lock, except when the person is carrying the firearm on his or her body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body.

(2) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minor's parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:

(a) In a public place; or

(b) In a rude, careless, angry, or threatening manner in violation of s. 790.10.

This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.

(3) [FN1] As used in this act, the term “minor” means any person under the age of 16.

CREDIT(S)

Laws 1989, c. 89-534, §§ 2, 7. Amended by Laws 1997, c. 97-102, § 1216, eff. July 1, 1997.

[FN1] Also published as § 784.05(4).

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.175

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.175. Transfer or sale of firearms; required warnings; penalties

(1) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning states, in block letters not less than 1/4 inch in height:

“IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”

(2) Any retail or wholesale store, shop, or sales outlet which sells firearms must conspicuously post at each purchase counter the following warning in block letters not less than 1 inch in height:

“IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”

(3) Any person or business knowingly violating a requirement to provide warning under this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1989, c. 89-534, §§ 4, 7. Amended by Laws 1993, c. 93-416, § 3, eff. Jan. 1, 1994.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.18

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.18. Sale or transfer of arms to minors by dealers

It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, slungshot, or electric weapon or device. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1913, c. 6421, § 11; Rev.Gen.St.1920, § 5559; Comp.Gen.Laws 1927, § 7745; Laws 1971, c. 71-136, § 751; Laws 1976, c. 76-165, § 2; Laws 1991, c. 91-224, § 176. Amended by Laws 1993, c. 93-416, § 4, eff. Jan. 1, 1994.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.19

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.19. Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles

Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1881, c. 3281, § 2; Rev.St.1892, § 2696; Laws 1901, c. 4987, §§ 1, 2; Laws 1901, c. 4988, §§ 1, 2; Gen.St.1906, § 3628; Rev.Gen.St.1920, § 5560; Comp.Gen.Laws 1927, § 7746; Laws 1959, c. 59-458, § 1; Laws 1971, c. 71-136, § 752; Laws 1974, c. 74-67, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.20

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.20. Repealed by Laws 1959, c. 59-458, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.21

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.21. Repealed by Laws 1983, c. 83-216, § 163, eff. Aug. 12, 1983

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.22

Effective: May 26, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.22. Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties

(1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent.

(2) Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:

(a) The minor is engaged in a lawful hunting activity and is:

1. At least 16 years of age; or

2. Under 16 years of age and supervised by an adult.

(b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:

1. At least 16 years of age; or

2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor's parent or guardian.

(c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b).

(4)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any natural parent or adoptive parent, whether custodial or noncustodial, or any legal guardian or legal custodian of a minor, if that minor possesses a firearm in violation of subsection (3) may, if the court finds it appropriate, be required to participate in classes on parenting education which are approved by the Department of Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if the court finds it appropriate, require the parent to attend further parent education classes or render community service hours together with the child.

(c) The juvenile justice circuit boards or juvenile justice county councils or the Department of Juvenile Justice shall establish appropriate community service programs to be available to the alternative sanctions coordinators of the circuit courts in implementing this subsection. The boards or councils or department shall propose the implementation of a community service program in each circuit, and may submit a circuit plan, to be implemented upon approval of the circuit alternative sanctions coordinator.

(d) For the purposes of this section, community service may be provided on public property as well as on private property with the expressed permission of the property owner. Any community service provided on private property is limited to such things as removal of graffiti and restoration of vandalized property.

(5)(a) A minor who violates subsection (3) commits a misdemeanor of the first degree; for a first offense, may serve a period of detention of up to 3 days in a secure detention facility; and, in addition to any other penalty provided by law, shall be required to perform 100 hours of community service; and:

1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor's driver license or driving privilege for up to 1 year.

2. If the minor's driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of up to 1 year.

3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor's driver license or driving privilege for up to 1 year after the date on which the minor would otherwise have become eligible.

(b) For a second or subsequent offense, a minor who violates subsection (3) commits a felony of the third degree and shall serve a period of detention of up to 15 days in a secure detention facility and shall be required to perform not less than 100 nor more than 250 hours of community service, and:

3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor's driver license or driving privilege for up to 2 years after the date on which the minor would otherwise have become eligible.

For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.

(6) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law enforcement officer and disposed of in accordance with s. 790.08(1)-(6).

(7) The provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.

(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor is charged with an offense that involves the use or possession of a firearm, including a violation of subsection (3), or is charged for any offense during the commission of which the minor possessed a firearm, the minor shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a hearing within 24 hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention in accordance with the applicable time periods specified in s. 985.26(1)-(5), if the court finds that the minor meets the criteria specified in s. 985.255, or if the court finds by clear and convincing evidence that the minor is a clear and present danger to himself or herself or the community. The Department of Juvenile Justice shall prepare a form for all minors charged under this subsection which states the period of detention and the relevant demographic information, including, but not limited to, the gender, age, and race of the minor; whether or not the minor was represented by private counsel or a public defender; the current offense; and the minor's complete prior record, including any pending cases. The form shall be provided to the judge for determining whether the minor should be continued in secure detention under this subsection. An order placing a minor in secure detention because the minor is a clear and present danger to himself or herself or the community must be in writing, must specify the need for detention and the benefits derived by the minor or the community by placing the minor in secure detention, and must include a copy of the form provided by the department.

(9) Notwithstanding s. 985.245, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall order:

(a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility; and

1. Perform 100 hours of community service; and may

2. Be placed on community control or in a nonresidential commitment program.

(b) For a second or subsequent offense, that the minor shall serve a mandatory period of detention of at least 21 days in a secure detention facility; and

1. Perform not less than 100 nor more than 250 hours of community service; and may

2. Be placed on community control or in a nonresidential commitment program.

The minor shall not receive credit for time served before adjudication. For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.

(10) If a minor is found to have committed an offense under subsection (9), the court shall impose the following penalties in addition to any penalty imposed under paragraph (9)(a) or paragraph (9)(b):

(a) For a first offense:

(b) For a second or subsequent offense:

3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor's driver license or driving privilege for up to 2 years after the date on which the minor would otherwise have become eligible.

CREDIT(S)

Laws 1951, c. 26946, §§ 1, 2; Laws 1969, c. 69-306, § 8; Laws 1971, c. 71-136, § 753; Laws 1976, c. 76-165, § 2; Laws 1991, c. 91-224, § 177. Amended by Laws 1993, c. 93-416, § 5, eff. Jan. 1, 1994; Laws 1995, c. 95-267, § 29, eff. Oct. 1, 1995; Laws 1996, c. 96-398, § 6, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1817, eff. July 1, 1997; Laws 1998, c. 98-136, § 32, eff. May 22, 1998; Laws 1998, c. 98-280, § 50, eff. June 30, 1998; Laws 1999, c. 99-284, § 1, eff. July 1, 1999; Laws 2000, c. 2000-135, § 10, eff. July 1, 2000; Laws 2006, c. 2006-120, § 113, eff. Jan. 1, 2007; Laws 2010, c. 2010-102, § 160, eff. May 26, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.221

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.221. Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.

(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.

CREDIT(S)

Laws 1969, c. 69-306, § 10; Laws 1989, c. 89-312, § 1. Amended by Laws 1993, c. 93-406, § 21, eff. Jan. 1, 1994; Laws 1997, c. 97-102, § 1217, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.225

Effective: June 2, 2003

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.225. Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty

(1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife which is a device that propels a knifelike blade as a projectile and which physically separates the blade from the device by means of a coil spring, elastic material, or compressed gas. A ballistic self-propelled knife is declared to be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6).

(2) This section shall not apply to:

(a) Any device from which a knifelike blade opens, where such blade remains physically integrated with the device when open.

(b) Any device which propels an arrow, a bolt, or a dart by means of any common bow, compound bow, crossbow, or underwater spear gun.

(3) Any person violating the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1985, c. 85-258, § 1; Laws 1991, c. 91-224, § 178. Amended by Laws 2003, c. 2003-82, § 1, eff. June 2, 2003.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.23

Effective: October 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.23. Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

(a) Convicted of a felony in the courts of this state;

(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;

(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or

(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

(2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1955, c. 29766, §§ 1 to 3; Laws 1963, c. 63-31, § 1; Laws 1969, c. 69-306, § 9; Laws 1971, c. 71-136, § 754; Laws 1971, c. 71-318, § 1; Laws 1971, c. 71-355, § 169; Laws 1976, c. 76-165, § 2. Amended by Laws 1993, c. 93-416, § 6, eff. Jan. 1, 1994; Laws 1998, c. 98-280, § 51, eff. June 30, 1998; Laws 1999, c. 99-284, § 39, eff. July 1, 1999; Laws 2004, c. 2004-286, § 2, eff. Oct. 1, 2004; Laws 2008, c. 2008-238, § 2, eff. Oct. 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.233

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.233. Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties

(1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under s. 741.30 or from committing acts of stalking or cyberstalking, as issued under s. 784.0485.

(2) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer's employing agency, unless otherwise prohibited by the employing agency.

CREDIT(S)

Added by Laws 1998, c. 98-284, § 1, eff. July 1, 1998. Amended by Laws 2012, c. 2012-153, § 5, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.235

Effective: October 1, 2004

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.235. Possession of firearm or ammunition by violent career criminal unlawful; penalty

(1) Any person who meets the violent career criminal criteria under s. 775.084(1)(d), regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person convicted of a violation of this section shall be sentenced to a mandatory minimum of 15 years' imprisonment; however, if the person would be sentenced to a longer term of imprisonment under s. 775.084(4)(d), the person must be sentenced under that provision. A person convicted of a violation of this section is not eligible for any form of discretionary early release, other than pardon, executive clemency, or conditional medical release under s. 947.149.

(2) For purposes of this section, the previous felony convictions necessary to meet the violent career criminal criteria under s. 775.084(1)(d) may be convictions for felonies committed as an adult or adjudications of delinquency for felonies committed as a juvenile. In order to be counted as a prior felony for purposes of this section, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense, and sentenced or adjudicated separately from any other felony that is to be counted as a prior felony.

(3) This section shall not apply to a person whose civil rights and firearm authority have been restored.

CREDIT(S)

Added by Laws 1995, c. 95-182, § 7, eff. Oct. 1, 1995. Amended by Laws 1996, c. 96-388, § 45, eff. Oct. 1, 1996; Laws 1999, c. 99-188, § 6, eff. July 1, 1999; Laws 2002, c. 2002-210, § 1, eff. April 29, 2002; Laws 2004, c. 2004-286, § 3, eff. Oct. 1, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.24

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.24. Report of medical treatment of certain wounds; penalty for failure to report

Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing home knowingly treating any person suffering from a gunshot wound or life-threatening injury indicating an act of violence, or receiving a request for such treatment, shall report the same immediately to the sheriff's department of the county in which said treatment is administered or request therefor received. This section does not affect any requirement that a person has to report abuse pursuant to chapter 39 or chapter 415. Any such person willfully failing to report such treatment or request therefor is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1959, c. 59-35, § 1; Laws 1971, c. 71-136, § 755. Amended by Laws 1999, c. 99-235, § 1, eff. July 1, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.25

Effective: October 1, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.25. Lawful ownership, possession, and use of firearms and other weapons

(1) Declaration of policy.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes.

(2) Uses not authorized.--

(a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02.

(b) The protections of this section do not apply to the following:

1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24;

2. Vagrants and other undesirable persons as defined in s. 856.02; [FN1]

3. A person in or about a place of nuisance as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose.

(3) Lawful uses.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;

(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;

(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;

(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;

(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;

(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits;

(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;

(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;

(k) A person firing weapons in a safe and secure indoor range for testing and target practice;

(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession;

(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;

(n) A person possessing arms at his or her home or place of business;

(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:

1. Are employed full time;

2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides.

(p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:

1. Are employed full time;

2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and

3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered.

(4) Construction.--This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.

(5) Possession in private conveyance.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

CREDIT(S)

Laws 1965, c. 65-410, § 1; Laws 1969, c. 69-216, § 32; Laws 1973, c. 73-334, § 32; Laws 1977, c. 77-302, § 2; Laws 1982, c. 82-131, § 2; Laws 1983, c. 83-167, § 15; Laws 1983, c. 83-334, § 45; Laws 1984, c. 84-258, § 32; Laws 1985, c. 85-62, § 68; Laws 1985, c. 85-332, § 5; Laws 1987, c. 87-274, § 15; Laws 1987, c. 87-537, § 2; Laws 1989, c. 89-60, § 1; Laws 1990, c. 90-364, § 8. Amended by Laws 1993, c. 93-269, § 1, eff. June 3, 1993; Laws 1993, c. 93-416, § 7, eff. Jan. 1, 1994; Laws 1995, c. 95-211, § 89, eff. July 10, 1995; Laws 1997, c. 97-102, § 1218, eff. July 1, 1997; Laws 2006, c. 2006-1, § 110, eff. July 4, 2006; Laws 2006, c. 2006-103, § 2, eff. Oct. 1, 2006.

[FN1] Repealed by Laws 1972, c. 72-133, § 3.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.251

Effective: July 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.251. Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts; duty of public and private employers; immunity from liability; enforcement

(1) Short title.--This section may be cited as the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008.”

(2) Definitions.--As used in this section, the term:

(a) “Parking lot” means any property that is used for parking motor vehicles and is available to customers, employees, or invitees for temporary or long-term parking or storage of motor vehicles.

(b) “Motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle operated on the roads of this state and required to be registered under state law.

1. Works for salary, wages, or other remuneration;

2. Is an independent contractor; or

3. Is a volunteer, intern, or other similar individual for an employer.

(d) “Employer” means any business that is a sole proprietorship, partnership, corporation, limited liability company, professional association, cooperative, joint venture, trust, firm, institution, or association, or public sector entity, that has employees.

(e) “Invitee” means any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer.

As used in this section, the term “firearm” includes ammunition and accoutrements attendant to the lawful possession and use of a firearm.

(3) Legislative intent; findings.--This act is intended to codify the long-standing legislative policy of the state that individual citizens have a constitutional right to keep and bear arms, that they have a constitutional right to possess and keep legally owned firearms within their motor vehicles for self-defense and other lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a customer, employee, or invitee of a business entity. It is the finding of the Legislature that a citizen's lawful possession, transportation, and secure keeping of firearms and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the constitutional right of self-defense. The Legislature finds that protecting and preserving these rights is essential to the exercise of freedom and individual responsibility. The Legislature further finds that no citizen can or should be required to waive or abrogate his or her right to possess and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any employer or business establishment within the state, unless specifically required by state or federal law.

(4) Prohibited acts.--No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in paragraphs (a)-(e):

(a) No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area.

(b) No public or private employer may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the presence of a firearm inside or locked to a private motor vehicle in a parking lot or by an actual search of a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. Further, no public or private employer may take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes. A search of a private motor vehicle in the parking lot of a public or private employer to ascertain the presence of a firearm within the vehicle may only be conducted by on-duty law enforcement personnel, based upon due process and must comply with constitutional protections.

1. The fact that an employee or prospective employee holds or does not hold a license issued pursuant to s. 790.06; or

2. Any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside or locked to a private motor vehicle in a parking lot when such firearm is kept for lawful purposes.

(d) No public or private employer shall prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the employer's place of business because the customer's, employee's, or invitee's private motor vehicle contains a legal firearm being carried for lawful purposes, that is out of sight within the customer's, employee's, or invitee's private motor vehicle.

(e) No public or private employer may terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee for exercising his or her constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes.

This subsection applies to all public sector employers, including those already prohibited from regulating firearms under the provisions of s. 790.33.

(5) Duty of care of public and private employers; immunity from liability.--

(a) When subject to the provisions of subsection (4), a public or private employer has no duty of care related to the actions prohibited under such subsection.

(b) A public or private employer is not liable in a civil action based on actions or inactions taken in compliance with this section. The immunity provided in this subsection does not apply to civil actions based on actions or inactions of public or private employers that are unrelated to compliance with this section.

(c) Nothing contained in this section shall be interpreted to expand any existing duty, or create any additional duty, on the part of a public or private employer, property owner, or property owner's agent.

(6) Enforcement.--The Attorney General shall enforce the protections of this act on behalf of any customer, employee, or invitee aggrieved under this act. If there is reasonable cause to believe that the aggrieved person's rights under this act have been violated by a public or private employer, the Attorney General shall commence a civil or administrative action for damages, injunctive relief and civil penalties, and such other relief as may be appropriate under the provisions of s. 760.51, or may negotiate a settlement with any employer on behalf of any person aggrieved under the act. However, nothing in this act shall prohibit the right of a person aggrieved under this act to bring a civil action for violation of rights protected under the act. In any successful action brought by a customer, employee, or invitee aggrieved under this act, the court shall award all reasonable personal costs and losses suffered by the aggrieved person as a result of the violation of rights under this act. In any action brought pursuant to this act, the court shall award all court costs and attorney's fees to the prevailing party.

(7) Exceptions.--The prohibitions in subsection (4) do not apply to:

(a) Any school property as defined and regulated under s. 790.115.

(b) Any correctional institution regulated under s. 944.47 or chapter 957.

(d) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which are conducted substantial activities involving national defense, aerospace, or homeland security.

(e) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law, or property owned or leased by an employer who has obtained a permit required under 18 U.S.C. s. 842 to engage in the business of importing, manufacturing, or dealing in explosive materials on such property.

(f) A motor vehicle owned, leased, or rented by a public or private employer or the landlord of a public or private employer.

(g) Any other property owned or leased by a public or private employer or the landlord of a public or private employer upon which possession of a firearm or other legal product by a customer, employee, or invitee is prohibited pursuant to any federal law, contract with a federal government entity, or general law of this state.

CREDIT(S)

Added by Laws 2008, c. 2008-7, § 1, eff. July 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.256

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.256. Public service announcements

The Department of Health shall prepare public service announcements for dissemination to parents throughout the state, of the provisions of chapter 93-416, Laws of Florida.

CREDIT(S)

Laws 1993, c. 93-416, § 9, eff. Jan. 1, 1994. Amended by Laws 1999, c. 99-8, § 295, eff. June 29, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.26

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.26. Repealed by Laws 1983, c. 83-214, § 16, eff. Aug. 12, 1983

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.27

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.27. Alteration or removal of firearm serial number or possession, sale, or delivery of firearm with serial number altered or removed prohibited; penalties

(1)(a) It is unlawful for any person to knowingly alter or remove the manufacturer's or importer's serial number from a firearm with intent to disguise the true identity thereof.

(b) Any person violating paragraph (a) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)(a) It is unlawful for any person to knowingly sell, deliver, or possess any firearm on which the manufacturer's or importer's serial number has been unlawfully altered or removed.

(b) Any person violating paragraph (a) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) This section shall not apply to antique firearms.

CREDIT(S)

Laws 1979, c. 79-58, § 2; Laws 1991, c. 91-224, § 179.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.28

Effective: June 17, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.28. Repealed by Laws 2011, c. 2011-145, § 3, eff. June 17, 2011

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.29

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.29. Paramilitary training; teaching or participation prohibited

(1) This act shall be known and may be cited as the “State Antiparamilitary Training Act.”

(2) As used in this section, the term “civil disorder” means a public disturbance involving acts of violence by an assemblage of three or more persons, which disturbance causes an immediate danger of, or results in, damage or injury to the property or person of any other individual within the United States.

(3)(a) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm, destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder within the United States, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Whoever assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, destructive device, or technique capable of causing injury or death to persons, intending to unlawfully employ the same for use in, or in furtherance of, a civil disorder within the United States, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Nothing contained in this section shall be construed to prohibit any act of a law enforcement officer which is performed in connection with the lawful performance of his or her official duties or to prohibit the training or teaching of the use of weapons to be used for hunting, recreation, competition, self-defense or the protection of one's person or property, or other lawful use.

CREDIT(S)

Laws 1982, c. 82-5, § 1; Laws 1983, c. 83-216, § 164. Amended by Laws 1997, c. 97-102, § 1220, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.31

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.31. Armor-piercing or exploding ammunition or dragon's breath shotgun shells, bolo shells, or flechette shells prohibited

(1) As used in this section, the term:

(a) “Armor-piercing bullet” means any bullet which has a steel inner core or core of equivalent hardness and a truncated cone and which is designed for use in a handgun as an armor-piercing or metal-piercing bullet.

(b) “Exploding bullet” means any bullet that can be fired from any firearm, if such bullet is designed or altered so as to detonate or forcibly break up through the use of an explosive or deflagrant contained wholly or partially within or attached to such bullet. The term does not include any bullet designed to expand or break up through the mechanical forces of impact alone or any signaling device or pest control device not designed to impact on any target.

(d) “Dragon's breath shotgun shell” means any shotgun shell that contains exothermic pyrophoric misch metal as the projectile and that is designed for the sole purpose of throwing or spewing a flame or fireball to simulate a flamethrower.

(e) “Bolo shell” means any shell that can be fired in a firearm and that expels as projectiles two or more metal balls connected by solid metal wire.

(f) “Flechette shell” means any shell that can be fired in a firearm and that expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles.

(2)(a) Any person who manufactures, sells, offers for sale, or delivers any armor-piercing bullet or exploding bullet, or dragon's breath shotgun shell, bolo shell, or flechette shell is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any person who possesses an armor-piercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun, or who possesses a dragon's breath shotgun shell, bolo shell, or flechette shell with knowledge of its capabilities loaded in a firearm, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Any person who possesses with intent to use an armor-piercing bullet or exploding bullet or dragon's breath shotgun shell, bolo shell, or flechette shell to assist in the commission of a criminal act is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not apply to:

(a) The possession of any item described in subsection (1) by any law enforcement officer, when possessed in connection with the performance of his or her duty as a law enforcement officer, or law enforcement agency.

(b) The manufacture of items described in subsection (1) exclusively for sale or delivery to law enforcement agencies.

CREDIT(S)

Laws 1983, c. 83-253, § 1. Amended by Laws 1992, c. 92-141, § 1, eff. April 8, 1992; Laws 1997, c. 97-102, § 1221, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.33

Effective: October 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.33. Field of regulation of firearms and ammunition preempted

(1) Preemption.--Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.

(2) Policy and intent.--

(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.

(b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.

(3) Prohibitions; penalties.--

(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature's occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.

(b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.

(c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.

(d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.

(e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.

(f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:

1. Reasonable attorney's fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and

2. The actual damages incurred, but not more than $100,000.

Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed.

(4) Exceptions.--This section does not prohibit:

(a) Zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited;

(b) A duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties;

(c) Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee's official duties;

(d) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or

(e) The Florida Fish and Wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission.

(5) Short title.--As created by chapter 87-23, Laws of Florida, this section may be cited as the “Joe Carlucci Uniform Firearms Act.”

CREDIT(S)

Laws 1987, c. 87-23, §§ 1 to 4; Laws 1988, c. 88-183, § 5. Amended by Laws 2011, c. 2011-109, § 1, eff. Oct. 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.331

Effective: May 1, 2001

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.331. Prohibition of civil actions against firearms or ammunition manufacturers, firearms trade associations, firearms or ammunition distributors, or firearms or ammunition dealers

(1) The Legislature finds and declares that the manufacture, distribution, or sale of firearms and ammunition by manufacturers, distributors, or dealers duly licensed by the appropriate federal and state authorities is a lawful activity and is not unreasonably dangerous, and further finds that the unlawful use of firearms and ammunition, rather than their lawful manufacture, distribution, or sale, is the proximate cause of injuries arising from their unlawful use.

(2) Except as permitted by this section, a legal action against a firearms or ammunition manufacturer, firearms trade association, firearms or ammunition distributor, or firearms or ammunition dealer on behalf of the state or its agencies and instrumentalities, or on behalf of a county, municipality, special district, or any other political subdivision or agency of the state, for damages, abatement, or injunctive relief resulting from or arising out of the lawful design, marketing, distribution, or sale of firearms or ammunition to the public is prohibited. However, this subsection does not preclude a natural person from bringing an action against a firearms or ammunition manufacturer, firearms trade association, firearms or ammunition distributor, or firearms or ammunition dealer for breach of a written contract, breach of an express warranty, or injuries resulting from a defect in the materials or workmanship in the manufacture of a firearm or ammunition.

(3) A county, municipality, special district, or other political subdivision or agency of the state may not sue for or recover from a firearms or ammunition manufacturer, firearms trade association, firearms or ammunition distributor, or firearms or ammunition dealer damages, abatement, or injunctive relief in any case that arises out of or results from the lawful design, marketing, distribution, or sale of firearms or ammunition to the public.

(4) This section does not prohibit an action against a firearms or ammunition manufacturer, distributor, or dealer for:

(a) Breach of contract or warranty in connection with a firearm or ammunition purchased by a county, municipality, special district, or other political subdivision or agency of the state.

(b) Injuries resulting from the malfunction of a firearm or ammunition due to a defect in design or manufacture.

(5)(a) For the purposes of this section, the potential of a firearm or ammunition to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product.

(b) A firearm or ammunition may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged legally or illegally.

(6)(a) If a civil action is brought in violation of this section, the defendant may recover all expenses resulting from such action from the governmental entity bringing such action.

(b) In any civil action where the court finds that the defendant is immune as provided in this section, the court shall award the defendant all attorney's fees, costs and compensation for loss of income, and expenses incurred as a result of such action.

(7) This section applies to any action brought on or after the effective date of this section.

CREDIT(S)

Added by Laws 2001, c. 2001-38, § 1, eff. May 1, 2001.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.333

Effective: May 13, 2004

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.333. Sport shooting and training range protection; liability; claims, expenses, and fees; penalties; preemption; construction

(1) Legislative findings.--

(a) The Legislature finds that in excess of 400 sport shooting and training ranges exist on public and private lands throughout this state.

(b) These sport shooting and training ranges are widely used and enjoyed by the residents of this state and are a necessary component of the guarantees of the Second Amendment to the United States Constitution and of s. 8, Art. I of the State Constitution.

(c) Many of these ranges are used by state and local law enforcement agencies for training, practice, and regular mandatory qualification by law enforcement officers; by Fish and Wildlife Conservation Commission hunter safety instructors who teach adults and youngsters in the safe use and handling of firearms in preparation for obtaining hunting licenses; by school boards, colleges, and universities for reserve officer training corps training and activities; by school shooting teams; by Olympic competitors; and by certified instructors who teach the safe use and handling of firearms in preparation for applying for licenses to carry concealed firearms for lawful self-protection.

(d) The public policy of the State of Florida is to encourage the safe handling and operation of firearms and mandates appropriate training in the safe use and handling of firearms for persons licensed to carry concealed firearms and for persons licensed to hunt in the state. Sport shooting and training ranges throughout this state provide the location at which this important public purpose is served and at which the firearms training mandates are fulfilled.

(e) Projectiles are integral to sport shooting and training range activity and to the ownership and use of firearms.

(f) Over years of operation, projectiles have accumulated in the environment at many ranges. Whether this projectile accumulation has caused or will cause degradation of the environment or harm to human health depends on factors that are site-specific. Therefore, sport shooting and training ranges must be allowed flexibility to apply appropriate environmental management practices at ranges. The use of environmental management practices can be implemented to avoid or reduce any potential for adverse environmental impact.

(g) The Department of Environmental Protection, in collaboration with shooting range owners and operators, sport shooting organizations, law enforcement representatives, and university researchers, has developed shooting range best management practices in order to minimize any potential for any adverse environmental impact resulting from the operation of shooting ranges.

(h) Appropriate environmental management practices, when implemented where applicable, can minimize or eliminate environmental impacts associated with projectiles. Environmental management practices to maintain or to improve the condition of ranges is evolving and will continue to evolve.

(i) Unnecessary litigation and unnecessary regulation by governmental agencies of sport shooting and training ranges impairs the ability of residents of this state to ensure safe handling of firearms and to enjoy the recreational opportunities ranges provide. The cost of defending these actions is prohibitive and threatens to bankrupt and destroy the sport shooting and training range industry.

(j) The Department of Environmental Protection does not have nor has it ever had authority to force permitting requirements of part IV of chapter 403 on owners and operators of sport shooting and training ranges.

(k) The elimination of sport shooting ranges will unnecessarily impair the ability of residents of this state to exercise and practice their constitutional guarantees under the Second Amendment to the United States Constitution and under s. 8, Art. I of the State Constitution.

(2) Legislative intent.--The Legislature intends to protect public and private sport shooting or training range owners, operators, users, employees, agents, contractors, customers, lenders, and insurers from lawsuits and other legal actions by the state, special purpose districts, or political subdivisions and to promote maximum flexibility for implementation of environmental management practices and of the principles of risk-based corrective action pursuant to s. 376.30701. It is also the intent of the Legislature that legal action against sport shooting and training ranges will only be a last-resort option and be available only to the department and only after all reasonable efforts to resolve disputes at shooting ranges, including compliance assistance, negotiations, and alternative dispute resolution, have been attempted.

(3) Definitions.--As used in this act:

(a) “Department” means the Department of Environmental Protection.

(b) “Operator” means any person who operates or has operated a sport shooting or training range.

(d) “Projectile” means any object expelled, propelled, discharged, shot, or otherwise released from a firearm, BB gun, airgun, or similar device, including, but not limited to, gunpowder, ammunition, lead, shot, skeet, and trap targets and associated chemicals, derivatives, and constituents thereof.

(e) “Environmental management practices” includes but is not limited to Best Management Practices for Environmental Stewardship of Florida Shooting Ranges as developed by the Department of Environmental Protection. Such practices include, but are not limited to, control and containment of projectiles, prevention of the migration of projectiles and their constituents to ground and surface water, periodic removal and recycling of projectiles, and documentation of actions taken.

(f) “Environment” means the air, water, surface water, sediment, soil, and groundwater and other natural and manmade resources of this state.

(g) “User” means any person, partner, joint venture, business or social entity, or corporation, or any group of the foregoing, organized or united for a business, sport, or social purpose.

(h) “Sport shooting and training range” or “range” means any area that has been designed, or operated for the use of, firearms, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, BB guns, airguns, or similar devices, or any other type of sport or training shooting.

(4) Duties.--

(a) No later than January 1, 2005, the department shall make a good faith effort to provide copies of the Best Management Practices for Environmental Stewardship of Florida Shooting Ranges to all owners or operators of sport shooting or training ranges. The department shall also provide technical assistance with implementing environmental management practices, which may include workshops, demonstrations, or other guidance, if any owner or operator of sport shooting or training ranges requests such assistance.

(b) No later than January 1, 2006, sport shooting or training range owners, operators, tenants, or occupants shall implement situation appropriate environmental management practices.

(c) If contamination is suspected or identified by any owner, operator, tenant, or occupant of sport shooting or training ranges, any owner, operator, tenant, or occupant of sport shooting or training ranges may request that the department assist with or perform contamination assessment, including, but not limited to, assistance preparing and presenting a plan to confirm the presence and extent of contamination.

(d) If contamination is suspected or identified by a third-party complaint or adjacent property sampling events, the department shall give 60 days' notice to the sport shooting or training range owner, operator, tenant, or occupant of the department's intent to enter the site for the purpose of investigating potential sources of contamination. The department may assist with or perform contamination assessment, including, but not limited to, assistance preparing and presenting a plan to confirm the presence and extent of contamination.

(e) If the department confirms contamination under paragraph (c) or paragraph (d), principles of risk-based corrective action pursuant to s. 376.30701 shall be applied to sport shooting or training ranges. Application of the minimum risk-based corrective action principles shall be the primary responsibility of the sport shooting range or training range owner or operator for implementation, however, the department may assist in these efforts. Risk-based corrective action plans used for these cleanups shall be based upon the presumption that the sport shooting or training range is an industrial use and not a residential use and will continue to be operated as a sport shooting or training range.

(5) Sport shooting and training range protection.--

(a) Notwithstanding any other provision of law, any public or private owner, operator, employee, agent, contractor, customer, lender, insurer, or user of any sport shooting or training range located in this state shall have immunity from lawsuits and other legal actions from the state and any of its agencies, special purpose districts, or political subdivisions for any claims of any kind associated with the use, release, placement, deposition, or accumulation of any projectile in the environment, on or under that sport shooting or training range, or any other property over which the range has an easement, leasehold, or other legal right of use, if the sport shooting or training range owner or operator has made a good faith effort to comply with subsection (4).

(b) Nothing in this act is intended to impair or diminish the private property rights of owners of property adjoining a sport shooting or training range.

(c) The sport shooting and training range protections provided by this act are supplemental to any other protections provided by general law.

(6) Withdrawals of claims and recovery of expenses and attorney's fees.--

(a) Within 90 days after the effective date of this act becoming law, all claims by the state and any of its agencies, special purpose districts, or political subdivisions against sport shooting or training ranges pending in any court of this state or before any administrative agency on January 1, 2004, shall be withdrawn. The termination of such cases shall have no effect on the defendant's cause of action for damages, reasonable attorney's fees, and costs.

(b) In any action filed in violation of this act after the effective date of this act, the defendant shall recover all expenses resulting from such action from the governmental body, person, or entity bringing such unlawful action.

(7) Penalties.--Any official, agent, or employee of a county, municipality, town, special purpose district, or other political subdivision or agent of the state, while he or she was acting in his or her official capacity and within the scope of his or her employment or office, who intentionally and maliciously violates the provisions of this section or is party to bringing an action in violation of this section commits a misdemeanor of the first degree, punishable as provided in ss. 775.082 and 775.083.

(8) Preemption.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition use at sport shooting and training ranges, including the environmental effects of projectile deposition at sport shooting and training ranges.

(9) The provisions of this act shall supersede any conflicting provisions of chapter 376 or chapter 403.

(10) Construction.--This act shall be liberally construed to effectuate its remedial and deterrent purposes.

CREDIT(S)

Added by Laws 2004, c. 2004-56, § 1, eff. May 13, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.335

Effective: July 1, 2009

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.335. Prohibition of registration of firearms; electronic records

(1) Legislative findings and intent.--

(a) The Legislature finds and declares that:

1. The right of individuals to keep and bear arms is guaranteed under both the Second Amendment to the United States Constitution and s. 8, Art. I of the State Constitution.

2. A list, record, or registry of legally owned firearms or law-abiding firearm owners is not a law enforcement tool and can become an instrument for profiling, harassing, or abusing law-abiding citizens based on their choice to own a firearm and exercise their Second Amendment right to keep and bear arms as guaranteed under the United States Constitution. Further, such a list, record, or registry has the potential to fall into the wrong hands and become a shopping list for thieves.

3. A list, record, or registry of legally owned firearms or law-abiding firearm owners is not a tool for fighting terrorism, but rather is an instrument that can be used as a means to profile innocent citizens and to harass and abuse American citizens based solely on their choice to own firearms and exercise their Second Amendment right to keep and bear arms as guaranteed under the United States Constitution.

4. Law-abiding firearm owners whose names have been illegally recorded in a list, record, or registry are entitled to redress.

(b) The Legislature intends through the provisions of this section to:

1. Protect the right of individuals to keep and bear arms as guaranteed under both the Second Amendment to the United States Constitution and s. 8, Art. I of the State Constitution.

2. Protect the privacy rights of law-abiding firearm owners.

(2) Prohibitions.--No state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of such state or other governmental entity or any other person, public or private, shall knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.

(3) Exceptions.--The provisions of this section shall not apply to:

(a) Records of firearms that have been used in committing any crime.

(b) Records relating to any person who has been convicted of a crime.

(c) Records of firearms that have been reported stolen that are retained for a period not in excess of 10 days after such firearms are recovered. Official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered, plus 2 years.

(d) Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies. However, no state governmental agency or local government, special district, or other political subdivision or official, agent, or employee of such state or other governmental entity or any other person, private or public, shall accumulate, compile, computerize, or otherwise collect or convert such written records into any form of list, registry, or database for any purpose.

(e)1. Records kept pursuant to the recordkeeping provisions of s. 790.065; however, nothing in this section shall be construed to authorize the public release or inspection of records that are made confidential and exempt from the provisions of s. 119.07(1) by s. 790.065(4)(a).

2. Nothing in this paragraph shall be construed to allow the maintaining of records containing the names of purchasers or transferees who receive unique approval numbers or the maintaining of records of firearm transactions.

(f) Firearm records, including paper pawn transaction forms and contracts on firearm transactions, required by chapters 538 and 539.

1. Electronic firearm records held pursuant to chapter 538 may only be kept by a secondhand dealer for 30 days after the date of the purchase of the firearm by the secondhand dealer.

2. Electronic firearm records held pursuant to chapter 539 may only be kept by a pawnbroker for 30 days after the expiration of the loan that is secured by a firearm or 30 days after the date of purchase of a firearm, whichever is applicable.

3. Except as required by federal law, any firearm records kept pursuant to chapter 538 or chapter 539 shall not, at any time, be electronically transferred to any public or private entity, agency, business, or enterprise, nor shall any such records be copied or transferred for purposes of accumulation of such records into lists, registries, or databases.

4. Notwithstanding subparagraph 3., secondhand dealers and pawnbrokers may electronically submit firearm transaction records to the appropriate law enforcement agencies as required by chapters 538 and 539; however, the law enforcement agencies may not electronically submit such records to any other person or entity and must destroy such records within 60 days after receipt of such records.

5. Notwithstanding subparagraph 3., secondhand dealers and pawnbrokers may electronically submit limited firearms records consisting solely of the manufacturer, model, serial number, and caliber of pawned or purchased firearms to a third-party private provider that is exclusively incorporated, exclusively owned, and exclusively operated in the United States and that restricts access to such information to only appropriate law enforcement agencies for legitimate law enforcement purposes. Such records must be destroyed within 30 days by the third-party provider. As a condition of receipt of such records, the third-party provider must agree in writing to comply with the requirements of this section. Any pawnbroker or secondhand dealer who contracts with a third-party provider other than as provided in this act or electronically transmits any records of firearms transactions to any third-party provider other than the records specifically allowed by this paragraph commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(g) Records kept by the Department of Law Enforcement of NCIC transactions to the extent required by federal law and a log of dates of requests for criminal history record checks, unique approval and nonapproval numbers, license identification numbers, and transaction numbers corresponding to such dates.

(h) Records of an insurer that, as a condition to providing insurance against theft or loss of a firearm, identify such firearm. Such records may not be sold, commingled with records relating to other firearms, or transferred to any other person or entity. The insurer may not keep a record of such firearm more than 60 days after the policy of insurance expires or after notification by the insured that the insured is no longer the owner of such firearm.

(i) Lists of customers of a firearm dealer retained by such dealer, provided that such lists do not disclose the particular firearms purchased. Such lists, or any parts thereof, may not be sold, commingled with records relating to other firearms, or transferred to any other person or entity.

(j) Sales receipts retained by the seller of firearms or by a person providing credit for such purchase, provided that such receipts shall not serve as or be used for the creation of a database for registration of firearms.

(k) Personal records of firearms maintained by the owner of such firearms.

(l) Records maintained by a business that stores or acts as the selling agent of firearms on behalf of the lawful owner of the firearms.

(m) Membership lists of organizations comprised of firearm owners.

(n) Records maintained by an employer or contracting entity of the firearms owned by its officers, employees, or agents, if such firearms are used in the course of business performed on behalf of the employer.

(o) Records maintained pursuant to s. 790.06 by the Department of Agriculture and Consumer Services of a person who was a licensee within the prior 2 years.

(p) Records of firearms involved in criminal investigations, criminal prosecutions, criminal appeals, and postconviction motions, civil proceedings relating to the surrender or seizure of firearms including protective injunctions, Baker Act commitments, and sheriff's levies pursuant to court judgments, and voluntary surrender by the owner or custodian of the firearm.

(q) Paper documents relating to firearms involved in criminal cases, criminal investigations, and criminal prosecutions, civil proceedings relating to the surrender or seizure of firearms including protective injunctions, Baker Act commitments, and sheriff's levies pursuant to court judgments, and voluntary surrender by the owner or custodian of the firearm.

(r) Noncriminal records relating to the receipt, storage or return of firearms, including, but not limited to, records relating to firearms impounded for storage or safekeeping, receipts proving that a firearm was returned to the rightful owner and supporting records of identification and proof of ownership, or records relating to firearms impounded pursuant to levies or court orders, provided, however, that such records shall not be compiled, sorted, or otherwise arranged into any lists, indexes, or registries of firearms or firearms owners.

(4) Penalties.--

(a) Any person who, or entity that, violates a provision of this section commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Except as required by the provisions of s. 16, Art. I of the State Constitution or the Sixth Amendment to the United States Constitution, no public funds shall be used to defend the unlawful conduct of any person charged with a violation of this section, unless the charges against such person are dismissed or such person is determined to be not guilty at trial. Notwithstanding this paragraph, public funds may be expended to provide the services of the office of public defender or court-appointed conflict counsel as provided by law.

(c) The governmental entity, or the designee of such governmental entity, in whose service or employ a list, record, or registry was compiled in violation of this section may be assessed a fine of not more than $5 million, if the court determines that the evidence shows that the list, record, or registry was compiled or maintained with the knowledge or complicity of the management of the governmental entity. The Attorney General may bring a civil cause of action to enforce the fines assessed under this paragraph.

(d) The state attorney in the appropriate jurisdiction shall investigate complaints of criminal violations of this section and, where evidence indicates a violation may have occurred, shall prosecute violators.

(5) Electronic records.--Secondhand dealers and pawnbrokers who electronically submit firearms transaction records to the appropriate law enforcement agencies as required by chapters 538 and 539 shall submit the name of the manufacturer and caliber information of each firearm in Florida Crime Information Center coding, and shall include the model and serial number of each firearm.

(6) Construction.--This section shall be construed to effectuate its remedial and deterrent purposes. This section may not be construed to grant any substantive, procedural privacy right or civil claim to any criminal defendant, and a violation of this section may not be grounds for the suppression of evidence in any criminal case.

CREDIT(S)

Added by Laws 2004, c. 2004-59, § 1, eff. May 13, 2004. Amended by Laws 2006, c. 2006-201, § 9, eff. Oct. 1, 2006; Laws 2009, c. 2009-229, § 1, eff. July 1, 2009.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.336

Effective: May 13, 2004

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.336. Lists, records, or registries to be destroyed

Any list, record, or registry maintained or under construction on the effective date of this act shall be destroyed, unless prohibited by law, within 60 calendar days after this act becomes law. Thereafter, failure to destroy any such list, record, or registry may result in prosecution under this act.

CREDIT(S)

Laws 2004, c. 2004-59, § 2, eff. May 13, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 790.338

Effective: June 2, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 790. Weapons and Firearms (Refs & Annos)

790.338. Medical privacy concerning firearms; prohibitions; penalties; exceptions

(1) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 may not intentionally enter any disclosed information concerning firearm ownership into the patient's medical record if the practitioner knows that such information is not relevant to the patient's medical care or safety, or the safety of others.

(2) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 shall respect a patient's right to privacy and should refrain from making a written inquiry or asking questions concerning the ownership of a firearm or ammunition by the patient or by a family member of the patient, or the presence of a firearm in a private home or other domicile of the patient or a family member of the patient. Notwithstanding this provision, a health care practitioner or health care facility that in good faith believes that this information is relevant to the patient's medical care or safety, or the safety of others, may make such a verbal or written inquiry.

(3) Any emergency medical technician or paramedic acting under the supervision of an emergency medical services medical director under chapter 401 may make an inquiry concerning the possession or presence of a firearm if he or she, in good faith, believes that information regarding the possession of a firearm by the patient or the presence of a firearm in the home or domicile of a patient or a patient's family member is necessary to treat a patient during the course and scope of a medical emergency or that the presence or possession of a firearm would pose an imminent danger or threat to the patient or others.

(4) A patient may decline to answer or provide any information regarding ownership of a firearm by the patient or a family member of the patient, or the presence of a firearm in the domicile of the patient or a family member of the patient. A patient's decision not to answer a question relating to the presence or ownership of a firearm does not alter existing law regarding a physician's authorization to choose his or her patients.

(5) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 may not discriminate against a patient based solely upon the patient's exercise of the constitutional right to own and possess firearms or ammunition.

(6) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 shall respect a patient's legal right to own or possess a firearm and should refrain from unnecessarily harassing a patient about firearm ownership during an examination.

(7) An insurer issuing any type of insurance policy pursuant to chapter 627 may not deny coverage, increase any premium, or otherwise discriminate against any insured or applicant for insurance on the basis of or upon reliance upon the lawful ownership or possession of a firearm or ammunition or the lawful use or storage of a firearm or ammunition. Nothing herein shall prevent an insurer from considering the fair market value of firearms or ammunition in the setting of premiums for scheduled personal property coverage.

(8) Violations of the provisions of subsections (1)-(4) constitute grounds for disciplinary action under ss. 456.072(2) and 395.1055.

CREDIT(S)

Added by Laws 2011, c. 2011-112, § 1, eff. June 2, 2011.

VALIDITY

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 791, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.001

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.001. Application and enforcement

This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state.

CREDIT(S)

Laws 1987, c. 87-118, § 6.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.01

Effective: June 26, 2003

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.01. Definitions

As used in this chapter, the term:

(1) “Distributor” means any person engaged in the business of selling sparklers to a wholesaler.

(2) “Division” means the Division of the State Fire Marshal of the Department of Financial Services.

(3) “Explosive compound” means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.

(4)(a) “Fireworks” means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.

(b) “Fireworks” does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.

1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.

2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.

3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes:

a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report.

b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report.

c. A snapper, which is a small, paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition.

d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks.

e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report.

f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report.

The sale and use of items listed in this paragraph are permitted at all times.

(5) “Manufacturer” means any person engaged in the manufacture or construction of sparklers in this state.

(6) “Retailer” means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail.

(7) “Seasonal retailer” means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year.

(8) “Sparkler” means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks.

(9) “Wholesaler” means any person engaged in the business of selling sparklers to a retailer.

CREDIT(S)

Laws 1941, c. 20445, § 1; Laws 1957, c. 57-338, § 1; Laws 1984, c. 84-201, § 1; Laws 1987, c. 87-118, § 1; Laws 1989, c. 89-233, § 36. Amended by Laws 2003, c. 2003-261, § 1906, eff. June 26, 2003.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.012

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.012. Minimum fireworks safety standards

The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder.

CREDIT(S)

Added by Laws 1996, c. 96-285, § 1, eff. May 30, 1996.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.013

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.013. Testing and approval of sparklers; penalties

(1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Weekly and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures.

(2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The division shall dispose of any samples which remain after testing.

CREDIT(S)

Laws 1987, c. 87-118, § 2. Amended by Laws 1993, c. 93-276, § 21, eff. July 1, 1993; Laws 1997, c. 97-102, § 1222, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.015

Effective: June 26, 2003

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.015. Registration of manufacturers, distributors, wholesalers, and retailers of sparklers

(1) Registration requirements.--Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on forms prescribed by the division. Any retailer who sells sparklers at more than one retail location may submit one registration form for all such locations but must provide the address of each location with the registration form; however, any retailer may submit multiple registration forms.

(2) Registration form.--The registration form filed with the division must be notarized and must include the following information: business name; address; telephone number; officers, if the business is a corporation; and an individual designated as a contact person.

(3) Fees.--

(a) Each manufacturer, distributor, or wholesaler must pay an annual registration fee to be set by the division not to exceed $1,000. Each seasonal retailer must pay an annual registration fee to be set by the division not to exceed $200. Each retailer shall pay an annual registration fee to be set by the division not to exceed $15 for each retail location registered. Each certificateholder wishing to have a duplicate certificate issued for one which is lost or to reflect a change of address shall request such duplicate in writing and shall pay a fee of $5.

(b) Revenue from registration fee payments shall be deposited in the Insurance Regulatory Trust Fund for the purposes of implementing the registration and testing provisions of this chapter.

(4) Rules.--The State Fire Marshal may adopt rules prescribing registration forms required by this section.

CREDIT(S)

Laws 1987, c. 87-118, § 3; Laws 1989, c. 89-233, § 37. Amended by Laws 2000, c. 2000-370, § 21, eff. July 1, 2000; Laws 2003, c. 2003-261, § 1907, eff. June 26, 2003.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.02. Sale of fireworks regulated; rules and regulations

(1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location.

CREDIT(S)

Laws 1941, c. 20445, § 2; Laws 1961, c. 61-312, § 1; Laws 1987, c. 87-118, § 4. Amended by Laws 1997, c. 97-102, § 1223, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.03. Bond of licensees

The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or to property by reason of the licensee's display, and arising from any acts of the licensee, his or her agents, employees or subcontractors.

CREDIT(S)

Laws 1941, c. 20445, § 3; Laws 1961, c. 61-312, § 1. Amended by Laws 1997, c. 97-102, § 1224, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.04. Sale at wholesale, etc., exempted

Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds.

CREDIT(S)

Laws 1941, c. 20445, § 4; Laws 1961, c. 61-312, § 1; Laws 1987, c. 87-118, § 5.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.05. Seizure of illegal fireworks

Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.

CREDIT(S)

Laws 1941, c. 20445, § 5. Amended by Laws 1997, c. 97-102, § 1225, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.055

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.055. Restrictions upon storage of sparklers

(1) Sparklers shall not be stored or kept for sale in any store:

(a) In which paints, oils, or varnishes are manufactured or kept for use or sale unless the paints, oils, or varnishes are in unbroken containers.

(b) In which resin, turpentine, gasoline, or flammable substances or substances which may generate vapors are used, stored, or offered for sale unless the resin, turpentine, gasoline, or substances are in unbroken containers.

(c) In which there is not at least one approved chemical fire extinguisher ready, available, and equipped for use in extinguishing fires.

(2) When sparklers are in storage to be offered for sale at retail, a sign shall be conspicuously displayed over the entrance to the room in which the sparklers are stored, which sign reads: “CAUTION SPARKLERS--NO SMOKING.” No person shall be in such room while in possession of a lighted cigar, cigarette, or pipe.

CREDIT(S)

Laws 1984, c. 84-201, § 2.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.06. Penalties

Any firm, copartnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in the case of individuals, the members of a partnership and the responsible officers and agents of an association or corporation, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1941, c. 20445, § 6; Laws 1971, c. 71-136, § 756.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 791.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 791. Sale of Fireworks (Refs & Annos)

791.07. Agricultural and fish hatchery use

Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services.

CREDIT(S)

Laws 1955, c. 29780, § 1; Laws 1957, c. 57-336, § 1; Laws 1969, c. 69-106, §§ 14, 35; Laws 1982, c. 82-109, § 1.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 792

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 792. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 793

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 793. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 794, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.005

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.005. Legislative findings and intent as to basic charge of sexual battery

The Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of sexual battery and to be necessarily included in the offenses charged under subsections (3) and (4), within the meaning of s. 924.34; and that it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of “penetration” or “union.”

CREDIT(S)

Added by Laws 1992, c. 92-135, § 2, eff. April 8, 1992.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.01. Repealed by Laws 1974, c. 74-121, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.011

Effective: April 29, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.011. Sexual battery

(1) As used in this chapter:

(a) “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.

(b) “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.

(c) “Mentally incapacitated” means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.

(d) “Offender” means a person accused of a sexual offense in violation of a provision of this chapter.

(e) “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.

(f) “Retaliation” includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.

(g) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.

(h) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.

(i) “Victim” means a person who has been the object of a sexual offense.

(j) “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.

(2)(a) A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in ss. 775.082 and 921.141.

(b) A person less than 18 years of age who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(3) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(4) A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115:

(a) When the victim is physically helpless to resist.

(b) When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.

(c) When the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future.

(d) When the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim.

(e) When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact.

(f) When the victim is physically incapacitated.

(g) When the offender is a law enforcement officer, correctional officer, or correctional probation officer as defined by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under the provisions of s. 943.1395 or is an elected official exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.

(5) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(6) The offense described in subsection (5) is included in any sexual battery offense charged under subsection (3) or subsection (4).

(7) A person who is convicted of committing a sexual battery on or after October 1, 1992, is not eligible for basic gain-time under s. 944.275. This subsection may be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”

(8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:

(a) Solicits that person to engage in any act which would constitute sexual battery under paragraph (1)(h) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery under paragraph (1)(h), or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony, punishable pursuant to subsection (2).

(9) For prosecution under paragraph (4)(g), acquiescence to a person reasonably believed by the victim to be in a position of authority or control does not constitute consent, and it is not a defense that the perpetrator was not actually in a position of control or authority if the circumstances were such as to lead the victim to reasonably believe that the person was in such a position.

(10) Any person who falsely accuses any person listed in paragraph (4)(g) or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(g) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1974, c. 74-121, § 2; Laws 1975, c. 75-298, § 17; Laws 1984, c. 84-86, § 1; Laws 1989, c. 89-216, § 1. Amended by Laws 1992, c. 92-135, § 3, eff. April 8, 1992; Laws 1992, c. 92-310, § 1, eff. July 6, 1992; Laws 1993, c. 93-156, § 3, eff. Oct. 1, 1993; Laws 1995, c. 95-348, § 2, eff. July 1, 1995; Laws 1999, c. 99-3, § 99, eff. June 29, 1999; Laws 1999, c. 99-188, § 8, eff. July 1, 1999; Laws 2002, c. 2002-211, § 1, eff. April 29, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.0115

Effective: July 1, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.0115. Dangerous sexual felony offender; mandatory sentencing

(1) This section may be cited as the “Dangerous Sexual Felony Offender Act.”

(2) Any person who is convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s. 847.0145; or of any similar offense under a former designation, which offense the person committed when he or she was 18 years of age or older, and the person:

(a) Caused serious personal injury to the victim as a result of the commission of the offense;

(b) Used or threatened to use a deadly weapon during the commission of the offense;

(d) Committed the offense while under the jurisdiction of a court for a felony offense under the laws of this state, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in this state; or

(e) Has previously been convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s. 847.0145; of any offense under a former statutory designation which is similar in elements to an offense described in this paragraph; or of any offense that is a felony in another jurisdiction, or would be a felony if that offense were committed in this state, and which is similar in elements to an offense described in this paragraph,

is a dangerous sexual felony offender, who must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment.

(3) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.

(4) The offense described in subsection (2) which is being charged must have been committed after the date of commission of the last prior conviction for an offense that is a prior conviction described in paragraph (2)(e).

(5) It is irrelevant that a factor listed in subsection (2) is an element of an offense described in that subsection. It is also irrelevant that such an offense was reclassified to a higher felony degree under s. 794.023 or any other law.

(6) Notwithstanding s. 775.082(3), chapter 958, any other law, or any interpretation or construction thereof, a person subject to sentencing under this section must be sentenced to the mandatory term of imprisonment provided under this section. If the mandatory minimum term of imprisonment imposed under this section exceeds the maximum sentence authorized under s. 775.082, s. 775.084, or chapter 921, the mandatory minimum term of imprisonment under this section must be imposed. If the mandatory minimum term of imprisonment under this section is less than the sentence that could be imposed under s. 775.082, s. 775.084, or chapter 921, the sentence imposed must include the mandatory minimum term of imprisonment under this section.

(7) A defendant sentenced to a mandatory minimum term of imprisonment under this section is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, before serving the minimum sentence.

CREDIT(S)

Added by Laws 1999, c. 99-188, § 7, eff. July 1, 1999. Amended by Laws 2002, c. 2002-211, § 1, eff. April 29, 2002; Laws 2003, c. 2003-115, § 1, eff. July 1, 2003; Laws 2006, c. 2006-299, § 3, eff. July 1, 2006.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.02. Common-law presumption relating to age abolished

The common-law rule “that a boy under 14 years of age is conclusively presumed to be incapable of committing the crime of rape” shall not be in force in this state.

CREDIT(S)

Laws 1901, c. 4964, § 1; Gen.St.1906, § 3222; Rev.Gen.St.1920, § 5052; Comp.Gen.Laws 1927, § 7154; Laws 1974, c. 74-121, § 2.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.021

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.021. Ignorance or belief as to victim's age no defense

When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense.

CREDIT(S)

Laws 1974, c. 74-121, § 2.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.022

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.022. Rules of evidence

(1) The testimony of the victim need not be corroborated in a prosecution under s. 794.011.

(2) Specific instances of prior consensual sexual activity between the victim and any person other than the offender shall not be admitted into evidence in a prosecution under s. 794.011. However, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence may prove that the defendant was not the source of the semen, pregnancy, injury, or disease; or, when consent by the victim is at issue, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence tends to establish a pattern of conduct or behavior on the part of the victim which is so similar to the conduct or behavior in the case that it is relevant to the issue of consent.

(3) Notwithstanding any other provision of law, reputation evidence relating to a victim's prior sexual conduct or evidence presented for the purpose of showing that manner of dress of the victim at the time of the offense incited the sexual battery shall not be admitted into evidence in a prosecution under s. 794.011.

(4) When consent of the victim is a defense to prosecution under s. 794.011, evidence of the victim's mental incapacity or defect is admissible to prove that the consent was not intelligent, knowing, or voluntary; and the court shall instruct the jury accordingly.

(5) An offender's use of a prophylactic device, or a victim's request that an offender use a prophylactic device, is not, by itself, relevant to either the issue of whether or not the offense was committed or the issue of whether or not the victim consented.

CREDIT(S)

Laws 1974, c. 74-121, § 2; Laws 1977, c. 77-104, § 237; Laws 1983, c. 83-258, § 1; Laws 1990, c. 90-40, § 1; Laws 1990, c. 90-174, § 5. Amended by Laws 1993, c. 93-156, § 25, eff. Oct. 1, 1993; Laws 1994, c. 94-80, § 1, eff. July 1, 1994.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.023

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.023. Sexual battery by multiple perpetrators; reclassification of offenses

(1) The Legislature finds that an act of sexual battery, when committed by more than one person, presents a great danger to the public and is extremely offensive to civilized society. It is therefore the intent of the Legislature to reclassify offenses for acts of sexual battery committed by more than one person.

(2) A violation of s. 794.011 shall be reclassified as provided in this subsection if it is charged and proven by the prosecution that, during the same criminal transaction or episode, more than one person committed an act of sexual battery on the same victim.

(a) A felony of the second degree is reclassified to a felony of the first degree.

(b) A felony of the first degree is reclassified to a life felony.

This subsection does not apply to life felonies or capital felonies. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

CREDIT(S)

Laws 1984, c. 84-86, § 4. Amended by Laws 1993, c. 93-156, § 17, eff. Oct. 1, 1993; Laws 1995, c. 95-184, § 24, eff. June 8, 1995; Laws 1997, c. 97-194, eff. Oct. 1, 1998; Laws 1999, c. 99-172, § 2, eff. July 1, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.0235

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.0235. Administration of medroxyprogesterone acetate (MPA) to persons convicted of sexual battery

(1) Notwithstanding any other law, the court:

(a) May sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery as described in s. 794.011.

(b) Shall sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery as described in s. 794.011 and the defendant has a prior conviction of sexual battery under s. 794.011.

If the court sentences a defendant to be treated with medroxyprogesterone acetate (MPA), the penalty may not be imposed in lieu of, or reduce, any other penalty prescribed under s. 794.011. However, in lieu of treatment with medroxyprogesterone acetate (MPA), the court may order the defendant to undergo physical castration upon written motion by the defendant providing the defendant's intelligent, knowing, and voluntary consent to physical castration as an alternative penalty.

(2)(a) An order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment under subsection (1), shall be contingent upon a determination by a court appointed medical expert, that the defendant is an appropriate candidate for treatment. Such determination is to be made not later than 60 days from the imposition of sentence. Notwithstanding the statutory maximum periods of incarceration as provided in s. 775.082, an order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant.

(b) In all cases involving defendants sentenced to a period of incarceration, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant's release from prison or other institution.

(3) The Department of Corrections shall provide the services necessary to administer medroxyprogesterone acetate (MPA) treatment. Nothing contained in this section shall be construed to require the continued administration of medroxyprogesterone acetate (MPA) treatment when it is not medically appropriate.

(4) As used in this section, the term “prior conviction” means a conviction for which sentence was imposed separately prior to the imposition of the sentence for the current offense and which was sentenced separately from any other conviction that is to be counted as a prior conviction under this section.

(5) If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) fails or refuses to:

(a) Appear as required by the Department of Corrections for purposes of administering the medroxyprogesterone acetate (MPA); or

(b) Allow the administration of medroxyprogesterone acetate (MPA),

the defendant is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1997, c. 97-184, § 1, eff. Oct. 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.024

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.024. Unlawful to disclose identifying information

(1) A public employee or officer who has access to the photograph, name, or address of a person who is alleged to be the victim of an offense described in this chapter, chapter 800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and knowingly disclose it to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant's attorney, a person specified in an order entered by the court having jurisdiction of the alleged offense, or organizations authorized to receive such information made exempt by s. 119.071(2)(h), or to a rape crisis center or sexual assault counselor, as defined in s. 90.5035(1)(b), who will be offering services to the victim.

(2) A violation of subsection (1) constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Added by Laws 1995, c. 95-207, § 6, eff. Oct. 1, 1995. Amended by Laws 1999, c. 99-3, § 100, eff. June 29, 1999; Laws 2002, c. 2002-246, § 2, eff. July 1, 2002; Laws 2004, c. 2004-335, § 50, eff. Oct. 1, 2004; Laws 2005, c. 2005-251, § 52, eff. Oct. 1, 2005; Laws 2011, c. 2011-83, § 5, eff. July 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.026

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.026. Civil right of action for communicating the identity of a sexual crime victim

(1) An entity or individual who communicates to others, prior to open judicial proceedings, the name, address, or other specific identifying information concerning the victim of any sexual offense under this chapter or chapter 800 shall be liable to that victim for all damages reasonably necessary to compensate the victim for any injuries suffered as a result of such communication.

(2) The victim shall not be able to maintain a cause of action unless he or she is able to show that such communication was intentional and was done with reckless disregard for the highly offensive nature of the publication.

CREDIT(S)

Added by Laws 1995, c. 95-207, § 7, eff. Oct. 1, 1995.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.027

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.027. Duty to report sexual battery; penalties

A person who observes the commission of the crime of sexual battery and who:

(1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery;

(2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;

(3) Fails to seek such assistance;

(4) Would not be exposed to any threat of physical violence for seeking such assistance;

(5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and

(6) Is not the victim of such sexual battery

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1984, c. 84-86, § 3. Amended by Laws 1997, c. 97-102, § 1226, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.03

Effective: October 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.03. Unlawful to publish or broadcast information identifying sexual offense victim

No person shall print, publish, or broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter, except as provided in s. 119.071(2)(h) or unless the court determines that such information is no longer confidential and exempt pursuant to s. 92.56. An offense under this section shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1911, c. 6226, § 1; Rev.Gen.St.1920, § 5053; Comp.Gen.Laws 1927, § 7155; Laws 1974, c. 74-121, § 2; Laws 1975, c. 75-298, § 16; Laws 1991, c. 91-224, § 180. Amended by Laws 1994, c. 94-88, § 1, eff. Oct. 1, 1994; Laws 1996, c. 96-406, § 430, eff. July 3, 1996; Laws 2008, c. 2008-234, § 6, eff. Oct. 1, 2008.

VALIDITY

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.04. Repealed by Laws 1974, c. 74-121, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.041

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.041. Repealed by Laws 1993, c. 93-156, § 4, eff. Oct. 1, 1993

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.05. Unlawful sexual activity with certain minors

(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.

(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.

(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.

CREDIT(S)

Rev.St.1892, § 2598; Laws 1901, c. 4965, § 1; Gen.St.1906, § 3521; Laws 1915, c. 6974, § 1; Laws 1918, c. 7732, § 1; Rev.Gen.St.1920, § 5409; Laws 1921, c. 8596, § 1; Comp.Gen.Laws 1927, § 7552; Laws 1961, c. 61-109, § 1; Laws 1971, c. 71-136, § 759. Amended by Laws 1996, c. 96-409, § 1, eff. Oct. 1, 1996.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.052

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.052. Sexual battery; notification of victim's rights and services

(1) A law enforcement officer who investigates an alleged sexual battery shall:

(a) Assist the victim in obtaining medical treatment, if medical treatment is necessary as a result of the alleged incident, a forensic examination, and advocacy and crisis-intervention services from a certified rape crisis center and provide or arrange for transportation to the appropriate facility.

(b) Advise the victim that he or she may contact a certified rape crisis center from which the victim may receive services.

(c) Prior to submitting a final report, permit the victim to review the final report and provide a statement as to the accuracy of the final report.

(2) The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available to a victim on a standard form developed and distributed by the Florida Council Against Sexual Violence in conjunction with the Department of Law Enforcement. The notice must include the resource listing, including telephone number, for the area certified rape crisis center as designated by the Florida Council Against Sexual Violence.

CREDIT(S)

Added by Laws 2009, c. 2009-184, § 1, eff. July 1, 2009. Amended by Laws 2011, c. 2011-220, § 7, eff. July 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.055

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.055. Access to services for victims of sexual battery

(1) This section may be cited by the popular name, the “Sexual Battery Victims' Access to Services Act.”

(2) As used in this section, the term:

(a) “Crisis-intervention services” means advice, counseling, or consultation provided by a sexual battery counselor or trained volunteer to a victim aimed at reducing the level of emotional trauma experienced by the victim.

(b) “Department” means the Department of Health.

(c) “Medical intervention” means services necessary for the forensic examination of a victim or medical treatment for injuries of a victim of sexual battery.

(d) “Rape crisis center” means any public or private agency that provides sexual battery recovery services to victims of sexual battery and their families and is certified by the statewide nonprofit association.

(e) “Sexual battery” has the same meaning as that term has in the offenses provided in s. 794.011.

(f) “Sexual battery counselor” means any employee of a rape crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims of sexual battery.

(g) “Sexual battery recovery services” include the following services:

1. For victims who have reported the offense to law enforcement:

a. A telephone hotline that is operated 24 hours a day and answered by a sexual battery counselor or trained volunteer, as defined in s. 90.5035.

b. Information and referral services.

c. Crisis-intervention services.

d. Advocacy and support services.

e. Therapy services.

f. Service coordination.

g. Programs to promote community awareness of available services.

h. Medical intervention.

2. For victims who have not reported the offense to law enforcement:

a. A telephone hotline that is operated 24 hours a day and answered by a sexual battery counselor or trained volunteer, as defined in s. 90.5035.

b. Information and referral services.

c. Crisis-intervention services.

d. Advocacy and support services.

e. Therapy services.

f. Service coordination.

g. Programs to promote community awareness of available services.

(h) “Statewide nonprofit association” means the federally recognized sexual assault coalition whose primary purpose is to represent and provide technical assistance to rape crisis centers.

(i) “Trained volunteer” means a person who volunteers at a rape crisis center, has completed 30 hours of training in assisting victims of sexual violence and related topics provided by the rape crisis center, is supervised by members of the staff of the rape crisis center, and is included on a list of volunteers which is maintained by the rape crisis center.

(j) “Victim” means a person who consults a sexual battery counselor or a trained volunteer for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a sexual battery.

(3)(a) The department shall contract with the statewide nonprofit association. The statewide nonprofit association shall receive 95 percent of the moneys appropriated from the Rape Crisis Program Trust Fund.

(b) Funds received under s. 938.085 shall be used to provide sexual battery recovery services to victims and their families. Funds shall be distributed to rape crisis centers based on an allocation formula that takes into account the population and rural characteristics of each county. No more than 15 percent of the funds shall be used by the statewide nonprofit association for statewide initiatives. No more than 5 percent of the funds may be used by the department for administrative costs.

(c) The department shall ensure that funds allocated under this section are expended in a manner that is consistent with the requirements of this section. The department may require an annual audit of the expenditures and shall provide a report to the Legislature by February 1 of each year.

CREDIT(S)

Laws 2003, c. 2003-114, § 2, eff. July 1, 2003. Amended by Laws 2006, c. 2006-79, § 24, eff. July 1, 2006; Laws 2008, c. 2008-19, § 7, eff. July 1, 2008; Laws 2011, c. 2011-220, § 11, eff. July 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.056

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.056. Rape Crisis Program Trust Fund

(1) The Rape Crisis Program Trust Fund is created within the Department of Health for the purpose of providing funds for rape crisis centers in this state. Trust fund moneys shall be used exclusively for the purpose of providing services for victims of sexual assault. Funds credited to the trust fund consist of those funds collected as an additional court assessment in each case in which a defendant pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, an offense provided in s. 775.21(6) and (10)(a), (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03; s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 985.701(1). Funds credited to the trust fund also shall include revenues provided by law, moneys appropriated by the Legislature, and grants from public or private entities.

(2) The Department of Health shall establish by rule criteria consistent with the provisions of s. 794.055(3)(b) for distributing moneys from the trust fund to rape crisis centers.

CREDIT(S)

Laws 2003, c. 2003-140, § 1, eff. July 1, 2003. Amended by Laws 2004, c. 2004-225, § 2, eff. Nov. 4, 2004; Laws 2006, c. 2006-79, § 25, eff. July 1, 2006; Laws 2007, c. 2007-5, § 151, eff. July 3, 2007; Laws 2011, c. 2011-220, § 8, eff. July 1, 2011; Laws 2012, c. 2012-5, § 84, eff. May 8, 2012; Laws 2012, c. 2012-97, § 16, eff. July 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.06. Repealed by Laws 1974, c. 74-121, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.065

Effective: May 26, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.065. Renumbered as 775.215 and amended by Laws 2010, c. 2010-92, § 3, eff. May 26, 2010

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.075

Effective: July 1, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.075. Sexual predators; erectile dysfunction drugs

(1) A person may not possess a prescription drug, as defined in s. 499.003(43), for the purpose of treating erectile dysfunction if the person is designated as a sexual predator under s. 775.21.

(2) A person who violates a provision of this section for the first time commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates a provision of this section a second or subsequent time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Added by Laws 2006, c. 2006-150, § 1, eff. Oct. 1, 2006. Amended by Laws 2008, c. 2008-207, § 41, eff. July 1, 2008; Laws 2010, c. 2010-161, § 44, eff. July 1, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.08

Effective: October 1, 2007

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.08. Female genital mutilation

(1) As used in this section, the term “female genital mutilation” means the circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female person.

(2) A person who knowingly commits, or attempts to commit, female genital mutilation upon a female person younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who knowingly removes, or causes or permits the removal of, a female person younger than 18 years of age from this state for purposes of committing female genital mutilation commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who is a parent, a guardian, or in a position of familial or custodial authority to a female person younger than 18 years of age and who knowingly consents to or permits the female genital mutilation of that female person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) This section does not apply to procedures performed by or under the direction of a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a registered nurse licensed under part I of chapter 464, a practical nurse licensed under part I of chapter 464, an advanced registered nurse practitioner licensed under part I of chapter 464, a midwife licensed under chapter 467, or a physician assistant licensed under chapter 458 or chapter 459 when necessary to preserve the physical health of a female person. This section also does not apply to any autopsy or limited dissection conducted pursuant to chapter 406.

(6) Consent of a female person younger than 18 years of age or the consent of a parent, guardian, or person who is in a position of familial or custodial authority to the female person younger than 18 years of age is not a defense to the offense of female genital mutilation.

CREDIT(S)

Added by Laws 2007, c. 2007-245, § 1, eff. Oct. 1, 2007.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 794.09

Effective: July 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 794. Sexual Battery (Refs & Annos)

794.09. Forfeiture of retirement benefits

The retirement benefits of a person convicted of a felony committed on or after October 1, 2008, under this chapter are subject to forfeiture in accordance with s. 112.3173 or s. 121.091 if the person is a public officer or employee when the offense occurs; the person commits the offense through the use or attempted use of power, rights, privileges, duties, or position of the person's public office or employment position; and the victim is younger than 18 years of age when the offense occurs.

CREDIT(S)

Added by Laws 2008, c. 2008-108, § 5, eff. July 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 795.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 795. Enticing Away Unmarried Women [Repealed]

795.01. Repealed by Laws 1972, c. 72-254, § 4

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 795.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 795. Enticing Away Unmarried Women [Repealed]

795.02. Repealed by Laws 1972, c. 72-254, § 4

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 795.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 795. Enticing Away Unmarried Women [Repealed]

795.03. Repealed by Laws 1972, c. 72-254, § 4

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 796, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.01. Repealed by Laws 1993, c. 93-258, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.02. Repealed by Laws 1999, c. 99-5, § 76, eff. June 29, 1999

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.03. Procuring person under age of 18 for prostitution

A person who procures for prostitution, or causes to be prostituted, any person who is under the age of 18 years commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Rev.St.1892, § 2617; Gen.St.1906, § 3537; Rev.Gen.St.1920, § 5435; Comp.Gen.Laws 1927, § 7578; Laws 1971, c. 71-136, § 765; Laws 1978, c. 78-45, § 1. Amended by Laws 1993, c. 93-227, § 1, eff. Oct. 1, 1993.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.035

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.035. Selling or buying of minors into prostitution; penalties

Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will engage in prostitution commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Added by Laws 2004, c. 2004-391, § 3, eff. Oct. 1, 2004. Amended by Laws 2008, c. 2008-172, § 2, eff. Oct. 1, 2008; Laws 2012, c. 2012-97, § 7, eff. July 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.036

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.036. Violations involving minors; reclassification

(1) The felony or misdemeanor degree of any violation of this chapter, other than s. 796.03 or s. 796.035, in which a minor engages in prostitution, lewdness, assignation, sexual conduct, or other conduct as defined in or prohibited by this chapter, but the minor is not the person charged with the violation, is reclassified as provided in this section.

(2) Offenses shall be reclassified as follows:

(a) A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.

(b) A misdemeanor of the first degree is reclassified to a felony of the third degree.

(d) A felony of the second degree is reclassified to a felony of the first degree.

(e) A felony of the first degree is reclassified to a life felony.

CREDIT(S)

Added by Laws 2012, c. 2012-155, § 3, eff. Oct. 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.04. Forcing, compelling, or coercing another to become a prostitute

(1) After May 1, 1943, it shall be unlawful for anyone to force, compel, or coerce another to become a prostitute.

(2) Anyone violating this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1943, c. 21661, §§ 1, 2; Laws 1971, c. 71-136, § 766.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.045

Effective: July 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.045. Repealed by Laws 2012, c. 2012-97, § 8, eff. July 1, 2012

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.05. Deriving support from the proceeds of prostitution

(1) It shall be unlawful for any person with reasonable belief or knowing another person is engaged in prostitution to live or derive support or maintenance in whole or in part from what is believed to be the earnings or proceeds of such person's prostitution.

(2) Anyone violating this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1943, c. 21662, §§ 1, 2; Laws 1971, c. 71-136, § 767; Laws 1981, c. 81-281, § 2; Laws 1987, c. 87-168, § 1. Amended by Laws 1993, c. 93-227, § 3, eff. Oct. 1, 1993.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.06. Renting space to be used for lewdness, assignation, or prostitution

(1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used for the purpose of lewdness, assignation, or prostitution.

(2) A person who violates this section commits:

(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.

(b) A misdemeanor of the first degree for a second or subsequent violation, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1943, c. 21663, §§ 1, 2; Laws 1943, c. 22025, §§ 1, 2; Laws 1971, c. 71-136, § 768. Amended by Laws 1993, c. 93-227, § 4, eff. Oct. 1, 1993.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.07

Effective: January 1, 2013

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.07. Prohibiting prostitution and related acts

(1) As used in this section:

(a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

(b) “Lewdness” means any indecent or obscene act.

(c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.

(d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.

(2) It is unlawful:

(a) To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution.

(b) To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.

(c) To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.

(d) To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.

(e) To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.

(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.

(g) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.

(h) To aid, abet, or participate in any of the acts or things enumerated in this subsection.

(i) To purchase the services of any person engaged in prostitution.

(3)(a) In the trial of a person charged with a violation of this section, testimony concerning the reputation of any place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the reputation of the defendant is admissible in evidence in support of the charge.

(b) Notwithstanding any other provision of law, a police officer may testify as an offended party in an action regarding charges filed pursuant to this section.

(4) A person who violates any provision of this section commits:

(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.

(b) A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083.

(c) A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) A person who is charged with a third or subsequent violation of this section shall be offered admission to a pretrial intervention program or a substance abuse treatment program as provided in s. 948.08.

(6) A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 if the violation results in any judicial disposition other than acquittal or dismissal. Of the proceeds from each penalty assessed under this subsection, the first $500 shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-based drug court programs provided under s. 397.334. The remainder of the penalty assessed shall be deposited in the Operations and Maintenance Trust Fund of the Department of Children and Family Services for the sole purpose of funding safe houses and short-term safe houses as provided in s. 409.1678.

CREDIT(S)

Laws 1943, c. 21664, §§ 1 to 5; Laws 1971, c. 71-136, § 769; Laws 1981, c. 81-281, § 3; Laws 1986, c. 86-143, § 1; Laws 1991, c. 91-110, § 39; Laws 1991, c. 91-224, § 181. Amended by Laws 1993, c. 93-227, § 5, eff. Oct. 1, 1993; Laws 2002, c. 2002-297, § 4, eff. July 1, 2002; Laws 2003, c. 2003-402, § 118, eff. July 1, 2004; Laws 2005, c. 2005-219, § 1, eff. July 1, 2005; Laws 2012, c. 2012-105, § 7, eff. Jan. 1, 2013.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.08

Effective: July 1, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.08. Screening for HIV and sexually transmissible diseases; providing penalties

(1)(a) For the purposes of this section, “sexually transmissible disease” means a bacterial, viral, fungal, or parasitic disease, determined by rule of the Department of Health to be sexually transmissible, a threat to the public health and welfare, and a disease for which a legitimate public interest is served by providing for regulation and treatment.

(b) In considering which diseases are designated as sexually transmissible diseases, the Department of Health shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, syphilis, and human immunodeficiency virus infection for designation and shall consider the recommendations and classifications of the Centers for Disease Control and Prevention and other nationally recognized authorities. Not all diseases that are sexually transmissible need be designated for purposes of this section.

(2) A person arrested under s. 796.07 may request screening for a sexually transmissible disease under direction of the Department of Health and, if infected, shall submit to appropriate treatment and counseling. A person who requests screening for a sexually transmissible disease under this subsection must pay any costs associated with such screening.

(3) A person convicted under s. 796.07 of prostitution or procuring another to commit prostitution must undergo screening for a sexually transmissible disease, including, but not limited to, screening to detect exposure to the human immunodeficiency virus, under direction of the Department of Health. If the person is infected, he or she must submit to treatment and counseling prior to release from probation, community control, or incarceration. Notwithstanding the provisions of s. 384.29, the results of tests conducted pursuant to this subsection shall be made available by the Department of Health to the offender, medical personnel, appropriate state agencies, state attorneys, and courts of appropriate jurisdiction in need of such information in order to enforce the provisions of this chapter.

(4) A person who commits prostitution or procures another for prostitution and who, prior to the commission of such crime, had tested positive for a sexually transmissible disease other than human immunodeficiency virus infection and knew or had been informed that he or she had tested positive for such sexually transmissible disease and could possibly communicate such disease to another person through sexual activity commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.

(5) A person who:

(a) Commits or offers to commit prostitution; or

(b) Procures another for prostitution by engaging in sexual activity in a manner likely to transmit the human immunodeficiency virus,

and who, prior to the commission of such crime, had tested positive for human immunodeficiency virus and knew or had been informed that he or she had tested positive for human immunodeficiency virus and could possibly communicate such disease to another person through sexual activity commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.

CREDIT(S)

Laws 1986, c. 86-143, § 2; Laws 1988, c. 88-380, § 44; Laws 1990, c. 90-292, § 6; Laws 1991, c. 91-110, § 67; Laws 1991, c. 91-224, § 258; Amended by Laws 1993, c. 93-227, § 7, eff. Oct. 1, 1993; Laws 1994, c. 94-90, § 7, eff. Oct. 1, 1994; Laws 1994, c. 94-205, § 2, eff. May 14, 1994; Laws 1996, c. 96-409, § 7, eff. Oct. 1, 1996; Laws 1997, c. 97-37, § 3, eff. Oct. 1, 1997; Laws 1997, c. 97-93, § 35, eff. July 1, 1997; Laws 1999, c. 99-8, § 296, eff. June 29, 1999. Amended by Laws 2010, c. 2010-64, § 3, eff. July 1, 2010; Laws 2010, c. 2010-113, § 5, eff. July 1, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 796.09

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 796. Prostitution (Refs & Annos)

796.09. Coercion; civil cause of action; evidence; defenses; attorney's fees

(1) A person has a cause of action for compensatory and punitive damages against:

(a) A person who coerced that person into prostitution;

(b) A person who coerces that person to remain in prostitution; or

(2) As used in this section, the term “prostitution” has the same meaning as in s. 796.07.

(3) As used in this section, the term “coercion” means any practice of domination, restraint, or inducement for the purpose of or with the reasonably foreseeable effect of causing another person to engage in or remain in prostitution or to relinquish earnings derived from prostitution, and includes, but is not limited to:

(a) Physical force or threats of physical force.

(b) Physical or mental torture.

(d) Blackmail.

(e) Extortion or claims of indebtedness.

(f) Threat of legal complaint or report of delinquency.

(g) Threat to interfere with parental rights or responsibilities, whether by judicial or administrative action or otherwise.

(h) Promise of legal benefit.

(i) Promise of greater financial rewards.

(j) Promise of marriage.

(k) Restraint of speech or communication with others.

(l) Exploitation of a condition of developmental disability, cognitive limitation, affective disorder, or substance dependency.

(m) Exploitation of victimization by sexual abuse.

(n) Exploitation of pornographic performance.

(o) Exploitation of human needs for food, shelter, safety, or affection.

(4) In the course of litigation under this section, any transaction about which a plaintiff testifies or produces evidence does not subject such plaintiff to criminal prosecution or any penalty or forfeiture. Further, any testimony or evidence, documentary or otherwise, or information directly or indirectly derived from such testimony or evidence which is given or produced by a plaintiff or a witness for a plaintiff shall not be used against these persons in any other investigation or proceeding. Such testimony or evidence, however, may be used against a plaintiff or a witness for a plaintiff upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence.

(5) It does not constitute a defense to a complaint under this section that:

(a) The plaintiff was paid or otherwise compensated for acts of prostitution;

(b) The plaintiff engaged in acts of prostitution prior to any involvement with the defendant; or

(6) Evidence of convictions for prostitution or prostitution-related offenses are inadmissible in a proceeding brought under this section for purposes of attacking the plaintiff's credibility.

(7) In any action brought under this section, the court, in its discretion, may award prevailing plaintiffs reasonable attorney's fees and costs.

CREDIT(S)

Laws 1991, c. 91-32, § 1. Amended by Laws 1993, c. 93-227, § 20, eff. Oct. 1, 1993.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 797, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 797. Abortion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 797.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 797. Abortion (Refs & Annos)

797.01. Repealed by Laws 1972, c. 72-196, § 9

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 797.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 797. Abortion (Refs & Annos)

797.02. Advertising drugs, etc., for abortion

Whoever knowingly advertises, prints, publishes, distributes or circulates, or knowingly causes to be advertised, printed, published, distributed or circulated, any pamphlet, printed paper, book, newspaper notice, advertisement, or reference containing words or language giving or conveying any notice, hint, or reference to any person, or the name of any person, real or fictitious, from whom, or to any place, house, shop, or office where any poison, drug, mixture, preparation, medicine, or noxious thing, or any instrument or means whatever, or any advice, direction, information, or knowledge may be obtained for the purpose of causing or procuring the miscarriage of any woman pregnant with child, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1868, c. 1637, subc. 8, § 10; Rev.St.1892, § 2619; Gen.St.1906, § 3539; Rev.Gen.St.1920, § 5437; Comp.Gen.Laws 1927, § 7580; Laws 1971, c. 71-136, § 771.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 797.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 797. Abortion (Refs & Annos)

797.03. Prohibited acts; penalties

(1) It is unlawful for any person to perform or assist in performing an abortion on a person, except in an emergency care situation, other than in a validly licensed hospital or abortion clinic or in a physician's office.

(2) It is unlawful for any person or public body to establish, conduct, manage, or operate an abortion clinic without a valid current license.

(3) It is unlawful for any person to perform or assist in performing an abortion on a person in the third trimester other than in a hospital.

(4) Any person who willfully violates any provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1978, c. 78-382, § 10.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 798.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.01. Living in open adultery

Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

CREDIT(S)

Laws 1874, c. 1986, § 1; Rev.St.1892, § 2595; Gen.St.1906, § 3518; Rev.Gen.St.1920, § 5406; Comp.Gen.Laws 1927, § 7549; Laws 1971, c. 71-136, § 772.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 798.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.02. Lewd and lascivious behavior

If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1868, c. 1637, subc. 8, § 6; Rev.St.1892, § 2596; Gen.St.1906, § 3519; Rev.Gen.St.1920, § 5407; Comp.Gen.Laws 1927, § 7550; Laws 1971, c. 71-136, § 773.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 798.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.03. Repealed by Laws 1983, c. 83-214, § 17, eff. Aug. 12, 1983

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 798.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.04. Repealed by Laws 1969, c. 69-195, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 798.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.05. Repealed by Laws 1969, c. 69-195, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 799.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 799. Bigamy [Renumbered]

799.01. Renumbered as 826.01 and amended by Laws 1974, c. 74-383, §§ 44 to 46

See, now, F.S.A. § 826.01

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 799.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 799. Bigamy [Renumbered]

799.02. Renumbered as 826.02 and amended by Laws 1974, c. 74-383, §§ 44 to 46

See, now, F.S.A. § 826.02

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 799.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 799. Bigamy [Renumbered]

799.03. Renumbered as 826.03 and amended by Laws 1974, c. 74-383, §§ 44 to 46

See, now, F.S.A. § 826.03

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 800, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 800. Lewdness; Indecent Exposure

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 800.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 800. Lewdness; Indecent Exposure (Refs & Annos)

800.01. Repealed by Laws 1974, c. 74-121, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 800.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 800. Lewdness; Indecent Exposure (Refs & Annos)

800.02. Unnatural and lascivious act

A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.

CREDIT(S)

Laws 1917, c. 7361, § 1; Rev.Gen.St.1920, § 5425; Comp.Gen.Laws 1927, § 7568; Laws 1971, c. 71-136, § 778. Amended by Laws 1993, c. 93-4, § 2, eff. March 9, 1993.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 800.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 800. Lewdness; Indecent Exposure (Refs & Annos)

800.03. Exposure of sexual organs

It is unlawful to expose or exhibit one's sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.

CREDIT(S)

Laws 1917, c. 7360, § 1; Rev.Gen.St.1920, § 5445; Comp.Gen.Laws 1927, § 7588; Laws 1961, c. 61-51, § 1; Laws 1971, c. 71-136, § 779. Amended by Laws 1993, c. 93-4, § 3, eff. March 9, 1993.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 800.04

Effective: October 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 800. Lewdness; Indecent Exposure (Refs & Annos)

800.04. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age

(1) Definitions.--As used in this section:

(a) “Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

(b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.

(c) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.

(d) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.

(2) Prohibited defenses.--Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.

(3) Ignorance or belief of victim's age.--The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.

(4) Lewd or lascivious battery.--A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or

(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Lewd or lascivious molestation.--

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.

(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or

2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Lewd or lascivious conduct.--

(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act

commits lewd or lascivious conduct.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) Lewd or lascivious exhibition.--

(a) A person who:

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) Exception.--A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.

CREDIT(S)

Laws 1943, c. 21974, § 1; Laws 1951, c. 26580, § 1; Laws 1971, c. 71-136, § 780; Laws 1974, c. 74-383, § 66; Laws 1975, c. 75-24, § 1; Laws 1975, c. 75-298, § 40; Laws 1979, c. 79-400, § 291; Laws 1984, c. 84-86, § 5; Laws 1990, c. 90-120, § 1. Amended by Laws 1993, c. 93-4, § 5, eff. March 9, 1993; Laws 1999, c. 99-201, § 6, eff. Oct. 1, 1999; Laws 2000, c. 2000-246, § 1, eff. Oct. 1, 2000; Laws 2005, c. 2005-28, § 5, eff. Sept. 1, 2005; Laws 2008, c. 2008-172, § 3, eff. Oct. 1, 2008; Laws 2008, c. 2008-182, § 3, eff. July 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 800.05

Effective: July 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 800. Lewdness; Indecent Exposure (Refs & Annos)

800.05. Forfeiture of retirement benefits for a felony defined in s. 800.04

The retirement benefits of a person convicted of a felony committed on or after October 1, 2008, defined in s. 800.04 are subject to forfeiture in accordance with s. 112.3173 or s. 121.091 if the person is a public officer or employee when the offense occurs; the person commits the offense through the use or attempted use of power, rights, privileges, duties, or position of the person's public office or employment position; and the victim is younger than 16 years of age when the offense occurs.

CREDIT(S)

Added by Laws 2008, c. 2008-108, § 6, eff. July 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 800.09

Effective: July 1, 2010

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 800. Lewdness; Indecent Exposure (Refs & Annos)

800.09. Lewd or lascivious exhibition in the presence of an employee

(1) As used in this section, the term:

(a) “Employee” means any person employed by or performing contractual services for a public or private entity operating a facility or any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs or the correctional work programs under part II of chapter 946. The term also includes any person who is a parole examiner with the Parole Commission.

(b) “Facility” means a state correctional institution as defined in s. 944.02 or a private correctional facility as defined in s. 944.710.

(2)(a) A person who is detained in a facility may not:

1. Intentionally masturbate;

2. Intentionally expose the genitals in a lewd or lascivious manner; or

3. Intentionally commit any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity,

in the presence of a person he or she knows or reasonably should know is an employee.

(b) A person who violates paragraph (a) commits lewd or lascivious exhibition in the presence of an employee, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Added by Laws 2010, c. 2010-64, § 4, eff. July 1, 2010.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.01. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.011

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.011. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.02. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.021

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.021. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.03. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.031

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.031. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.04. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.041

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.041. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.05. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.051

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.051. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.06. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.061

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.061. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.07. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.071

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.071. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.08

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.08. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.081

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.081. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.09

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.09. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.091

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.091. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.10

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.10. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.101

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.101. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.102

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.102. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.11

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.11. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.111

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.111. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.12

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.12. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.121

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.121. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.13

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.13. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.131

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.131. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.14

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.14. Renumbered as 801.141 in Fla.St.1959

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.141

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.141. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.142

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.142. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.15

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.15. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.151

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.151. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.16

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.16. Repealed by Laws 1967, c. 67-516, § 1

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.161

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.161. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.171

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.171. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.181

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.181. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.191

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.191. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.201

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.201. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.211

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.211. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.221

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.221. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.231

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.231. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.241

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.241. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 801.251

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 801. Child Molester Act [Repealed]

801.251. Repealed by Laws 1977, c. 77-312, § 31, eff. July 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 802

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 802. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 803

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 803. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 804

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 804. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 805.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 805. Kidnapping and False Imprisonment [Renumbered]

805.01. Renumbered as 787.02 and amended by Laws 1974, c. 74-383, § 23

See, now, F.S.A. § 787.02

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 805.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 805. Kidnapping and False Imprisonment [Renumbered]

805.02. Renumbered as 787.01 and amended by Laws 1974, c. 74-383, § 22

See, now, F.S.A. § 787.01

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 805.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 805. Kidnapping and False Imprisonment [Renumbered]

805.03. Renumbered as 787.04 and amended by Laws 1974, c. 74-383, § 25

See, now, F.S.A. § 787.04

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 806, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.01. Arson

(1) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged:

(a) Any dwelling, whether occupied or not, or its contents;

(b) Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or

is guilty of arson in the first degree, which constitutes a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any structure, whether the property of himself or herself or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) As used in this chapter, “structure” means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft.

CREDIT(S)

Laws 1931, Ex.Sess., c. 15603, §§ 1, 2; Comp.Gen.Laws Supp.1936, § 7208(8), (9); Laws 1971, c. 71-136, §§ 786, 787; Fla.St.1973, §§ 806.01, 806.02; Laws 1974, c. 74-383, § 26; Laws 1975, c. 75-298, § 18; Laws 1979, c. 79-108, § 1; Laws 1990, c. 90-225, § 1. Amended by Laws 1997, c. 97-102, § 1228, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.02. Renumbered as 806.01(2) in Fla.St.1974, Supp.

See, now, F.S.A. § 806.01(2)

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.03. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.031

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.031. Arson resulting in injury to another; penalty

(1) A person who perpetrates any arson that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who perpetrates any arson that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for any violation of this section and for any arson committed during the same criminal episode. A conviction for any arson, however, is not necessary for a conviction under this section.

CREDIT(S)

Laws 1984, c. 84-23, § 1; Laws 1991, c. 91-224, § 182.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.04. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.05. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.06. Renumbered as 817.233 in Fla.St.1974, Supp.

See, now, F.S.A. § 817.233

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.061

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.061. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.07. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.08

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.08. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.09

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.09. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.10

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.10. Preventing or obstructing extinguishment of fire

(1) Any person who willfully and maliciously injures, destroys, removes, or in any manner interferes with the use of, any vehicles, tools, equipment, water supplies, hydrants, towers, buildings, communication facilities, or other instruments or facilities used in the detection, reporting, suppression, or extinguishment of fire shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who willfully or unreasonably interferes with, hinders, or assaults, or attempts to interfere with or hinder, any firefighter in the performance of his or her duty shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1868, c. 1637, subc. 4, § 9; Rev.St.1892, § 2433; Gen.St.1906, § 3280; Rev.Gen.St.1920, § 5113; Comp.Gen.Laws 1927, § 7214; Laws 1969, c. 69-232, § 1; Laws 1971, c. 71-136, § 795; Laws 1974, c. 74-383, § 28; Laws 1975, c. 75-298, § 19. Amended by Laws 1997, c. 97-102, § 1229, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.101

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.101. False alarms of fires

Whoever, without reasonable cause, by outcry or the ringing of bells, or otherwise, makes or circulates, or causes to be made or circulated, a false alarm of fire, shall for the first conviction be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent conviction under this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1868, c. 1637, subc. 7, § 13; Rev.St.1892, § 2706; Gen.St.1906, § 3682; Rev.Gen.St.1920, § 5626; Comp.Gen.Laws 1927, § 7819; Laws 1971, c. 71-136, § 934; Laws 1971, c. 71-306, § 1A; Fla.St.1973, § 823.03; Laws 1974, c. 74-383, § 65.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.11

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.11. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.111

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.111. Fire bombs

(1) Any person who possesses, manufactures, transports, or disposes of a fire bomb with intent that such fire bomb be willfully and unlawfully used to damage by fire or explosion any structure or property is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) For the purposes of this section:

(a) “Disposes of” means to give, give away, loan, offer, offer for sale, sell, or transfer.

(b) “Fire bomb” means a container containing flammable or combustible liquid, or any incendiary chemical mixture or compound having a wick or similar device capable of being ignited or other means capable of causing ignition; but no device commercially manufactured primarily for the purpose of illumination, heating, or cooking shall be deemed to be such a fire bomb.

(3) Subsection (1) shall not prohibit the authorized use or possession of any material, substance, or device described therein by a member of the Armed Forces of the United States or by firefighters, police officers, peace officers, or law enforcement officers so authorized by duly constituted authorities.

CREDIT(S)

Laws 1967, c. 67-211, § 3; Laws 1971, c. 71-136, § 797; Laws 1974, c. 74-383, § 29; Laws 1975, c. 75-298, § 19; Laws 1977, c. 77-104, § 238; Laws 1979, c. 79-108, § 2; Laws 1988, c. 88-381, § 46. Amended by Laws 1997, c. 97-102, § 1230, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.12

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.12. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.13

Effective: July 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.13. Criminal mischief; penalties; penalty for minor

(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.

(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

4. If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue, mosque, or other place of worship, or any religious article contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to the property is greater than $200.

(3) Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any other apparatus, equipment, or appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public telephone, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; provided, however, that a conspicuous notice of the provisions of this subsection and the penalties provided is posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the offense.

(4) Any person who willfully and maliciously defaces, injures, or damages by any means a sexually violent predator detention or commitment facility, as defined in part V of chapter 394, or any property contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to property is greater than $200.

(5)(a) The amounts of value of damage to property owned by separate persons, if the property was damaged during one scheme or course of conduct, may be aggregated in determining the grade of the offense under this section.

(b) Any person who violates this section may, in addition to any other criminal penalty, be required to pay for the damages caused by such offense.

(6)(a) Any person who violates this section when the violation is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to pay a fine of:

1. Not less than $250 for a first conviction.

2. Not less than $500 for a second conviction.

3. Not less than $1,000 for a third or subsequent conviction.

(b) Any person convicted under this section when the offense is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to perform at least 40 hours of community service and, if possible, perform at least 100 hours of community service that involves the removal of graffiti.

(c) If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine. The court may decline to order a person to pay a fine under paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court finds that the person does not have the ability to pay the fine whether or not the person is indigent.

(7) In addition to any other penalty provided by law, if a minor is found to have committed a delinquent act under this section for placing graffiti on any public property or private property, and:

(a) The minor is eligible by reason of age for a driver's license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor's driver's license or driving privilege for not more than 1 year.

(b) The minor's driver's license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of not more than 1 year.

(c) The minor is ineligible by reason of age for a driver's license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor's driver's license or driving privilege for not more than 1 year after the date on which he or she would otherwise have become eligible.

(8) A minor whose driver's license or driving privilege is revoked, suspended, or withheld under subsection (7) may elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor's driver's license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor's family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term “community service” means cleaning graffiti from public property.

(9) Because of the difficulty of confronting the blight of graffiti, it is the intent of the Legislature that municipalities and counties not be preempted by state law from establishing ordinances that prohibit the marking of graffiti or other graffiti-related offenses. Furthermore, as related to graffiti, such municipalities and counties are not preempted by state law from establishing higher penalties than those provided by state law and mandatory penalties when state law provides discretionary penalties. Such higher and mandatory penalties include fines that do not exceed the amount specified in ss. 125.69 and 162.21, community service, restitution, and forfeiture. Upon a finding that a juvenile has violated a graffiti-related ordinance, a court acting under chapter 985 may not provide a disposition of the case which is less severe than any mandatory penalty prescribed by municipal or county ordinance for such violation.

CREDIT(S)

Laws 1974, c. 74-383, § 27; Laws 1975, c. 75-298, § 20; Laws 1982, c. 82-21, § 1; Laws 1986, c. 86-281, § 1; Laws 1988, c. 88-273, § 1; Laws 1991, c. 91-224, § 183. Amended by Laws 1995, c. 95-164, § 1, eff. Oct. 1, 1995; Laws 1997, c. 97-102, § 1231, eff. July 1, 1997; Laws 1998, c. 98-93, § 1, eff. Oct. 1, 1998; Laws 1998, c. 98-415, § 1, eff. July 1, 1998; Laws 2001, c. 2001-244, § 5, eff. Oct. 1, 2001; Laws 2002, c. 2002-1, § 117, eff. May 21, 2002; Laws 2002, c. 2002-163, § 1, eff. July 1, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 806.14

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 806. Arson and Criminal Mischief (Refs & Annos)

806.14. Art works in public buildings; willful damage; unauthorized removal; penalties

(1) Whoever willfully destroys, mutilates, defaces, injures, or, without authority, removes any work of art displayed in a public building is guilty of a criminal offense.

(2)(a) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is $200 or less, the offense is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is greater than $200 but less than $1,000, the offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is $1,000 or more, the offense is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1980, c. 80-55, § 2; Laws 1981, c. 81-259, § 485; Laws 1991, c. 91-224, § 184.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 807

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 807. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 808

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 808. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 809

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 809. Reserved as in Florida Statutes for Future Expansion

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 810, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.01. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.011

Effective: July 1, 2007

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.011. Definitions

As used in this chapter:

(1) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

(2) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

(3) “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.

(4) An act is committed “in the course of committing” if it occurs in an attempt to commit the offense or in flight after the attempt or commission.

(5)(a) “Posted land” is that land upon which:

1. Signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words “no trespassing” and in addition thereto the name of the owner, lessee, or occupant of said land. Said signs shall be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line; or

2. a. Conspicuous no trespassing notice is painted on trees or posts on the property, provided that the notice is:

(I) Painted in an international orange color and displaying the stenciled words “No Trespassing” in letters no less than 2 inches high and 1 inch wide either vertically or horizontally;

(II) Placed so that the bottom of the painted notice is not less than 3 feet from the ground or more than 5 feet from the ground; and

(III) Placed at locations that are readily visible to any person approaching the property and no more than 500 feet apart on agricultural land.

b. Beginning October 1, 2007, when a landowner uses the painted no trespassing posting to identify a “no trespassing” area, those painted notices shall be accompanied by signs complying with subparagraph 1. and placed conspicuously at all places where entry to the property is normally expected or known to occur.

(b) It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling house in order to obtain the benefits of ss. 810.09 and 810.12 pertaining to trespass on enclosed lands.

(6) “Cultivated land” is that land which has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture, or trees or is fallow land as part of a crop rotation.

(7) “Fenced land” is that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least 3 feet in height. For the purpose of this chapter, it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water.

(8) Where lands are posted, cultivated, or fenced as described herein, then said lands, for the purpose of this chapter, shall be considered as enclosed and posted.

(9) “Litter” means any garbage, rubbish, trash, refuse, debris, can, bottle, box, container, paper, tobacco product, tire, domestic or commercial appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, or farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

(10) “Dump” means to dump, throw, discard, place, deposit, or dispose of any litter.

(11) “Commercial horticulture property” means any property that is cleared of its natural vegetation and is planted in commercially cultivated horticulture products that are planted, grown, or harvested. The term also includes property that is used for the commercial sale, use, or distribution of horticulture products.

(12) “Agricultural chemicals manufacturing facility” means any facility, and any properties or structures associated with the facility, used for the manufacture, processing, or storage of agricultural chemicals classified in Industry Group 287 contained in the Standard Industrial Classification Manual, 1987, as published by the Office of Management and Budget, Executive Office of the President.

(13) “Construction site” means any property upon which there is construction that is subject to building permit posting requirements.

CREDIT(S)

Laws 1974, c. 74-383, § 30; Laws 1976, c. 76-46, § 1; Laws 1982, c. 82-87, § 1; Laws 1992, c. 92-351, § 1; Laws 1994, c. 94-263, § 1; Laws 1994, c. 94-307, § 1. Amended by Laws 1996, c. 96-388, § 47, eff. Oct. 1, 1996; Laws 1999, c. 99-188, § 13, eff. July 1, 1999; Laws 2001, c. 2001-182, § 3, eff. Oct. 1, 2001; Laws 2001, c. 2001-279, § 49, eff. Oct. 1, 2001; Laws 2006, c. 2006-289, § 15, eff. July 1, 2006; Laws 2007, c. 2007-123, § 1, eff. July 1, 2007; Laws 2007, c. 2007-244, § 4, eff. June 27, 2007.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.015

Effective: May 21, 2004

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.015. Legislative findings and intent; burglary

(1) The Legislature finds that the case of Delgado v. State, 776 So. 2d 233 (Fla. 2000), was decided contrary to legislative intent and the case law of this state relating to burglary prior to Delgado v. State. The Legislature finds that in order for a burglary to occur, it is not necessary for the licensed or invited person to remain in the dwelling, structure, or conveyance surreptitiously.

(2) It is the intent of the Legislature that the holding in Delgado v. State, 776 So. 2d 233 (Fla. 2000) be nullified. It is further the intent of the Legislature that s. 810.02(1)(a) be construed in conformity with Raleigh v. State, 705 So. 2d 1324 (Fla. 1997); Jimenez v. State, 703 So. 2d 437 (Fla. 1997); Robertson v. State, 699 So. 2d 1343 (Fla. 1997); Routly v. State, 440 So. 2d 1257 (Fla. 1983); and Ray v. State, 522 So. 2d 963 (Fla. 3rd DCA, 1988). This subsection shall operate retroactively to February 1, 2000.

(3) It is further the intent of the Legislature that consent remain an affirmative defense to burglary and that the lack of consent may be proven by circumstantial evidence.

(4) The Legislature finds that the cases of Floyd v. State, 850 So. 2d 383 (Fla. 2002); Fitzpatrick v. State, 859 So. 2d 486 (Fla. 2003); and State v. Ruiz/State v. Braggs, Slip Opinion Nos. SC02-389/SC02-524 were decided contrary to the Legislative intent expressed in this section. The Legislature finds that these cases were decided in such a manner as to give subsection (1) no effect. The February 1, 2000, date reflected in subsection (2) does not refer to an arbitrary date relating to the date offenses were committed, but to a date before which the law relating to burglary was untainted by Delgado v. State, 776 So. 2d 233 (Fla. 2000).

(5) The Legislature provides the following special rules of construction to apply to this section:

(a) All subsections in this section shall be construed to give effect to subsection (1);

(b) Notwithstanding s. 775.021(1), this section shall be construed to give the interpretation of the burglary statute announced in Delgado v. State, 776 So. 2d 233 (Fla. 2000), and its progeny, no effect; and

(c) If language in this section is susceptible to differing constructions, it shall be construed in such manner as to approximate the law relating to burglary as if Delgado v. State, 776 So. 2d 233 (Fla. 2000) was never issued.

(6) This section shall apply retroactively.

CREDIT(S)

Added by Laws 2001, c. 2001-58, § 1, eff. May 25, 2001. Amended by Laws 2004, c. 2004-93, § 1, eff. May 21, 2004.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.02

Effective: July 1, 2011

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.02. Burglary

(1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

(b) For offenses committed after July 1, 2001, “burglary” means:

1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a. Surreptitiously, with the intent to commit an offense therein;

b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a) Makes an assault or battery upon any person; or

(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;

(b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;

(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains;

(e) Authorized emergency vehicle, as defined in s. 316.003; or

(f) Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

(4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Structure, and there is not another person in the structure at the time the offender enters or remains; or

(b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

CREDIT(S)

Rev.St.1892, § 2434; Laws 1895, c. 4405, § 2; Laws 1905, c. 5411, § 2; Gen.St.1906, § 3282; Rev.Gen.St.1920, § 5116; Comp.Gen.Laws 1927, § 7217; Laws 1971, c. 71-136, § 799; Laws 1974, c. 74-383, § 31; Laws 1975, c. 75-298, § 21; Laws 1982, c. 82-87, § 2; Laws 1983, c. 83-63, § 1. Amended by Laws 1995, c. 95-184, § 8, eff. June 8, 1995; Laws 1996, c. 96-260, § 2, eff. Oct. 1, 1996; Laws 2000, c. 2000-233, § 2, eff. July 1, 2000; Laws 2001, c. 2001-58, § 2, eff. May 25, 2001; Laws 2003, c. 2003-84, § 2, eff. July 1, 2003; Laws 2007, c. 2007-115, § 1, eff. July 1, 2007; Laws 2011, c. 2011-141, § 21, eff. July 1, 2011.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.03. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.04. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.05. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.051

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.051. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.06. Possession of burglary tools

Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Laws 1868, c. 1637, subc. 4, § 30; Rev.St.1892, § 2439; Gen.St.1906, § 3286; Rev.Gen.St.1920, § 5120; Comp.Gen.Laws 1927, § 7221; Laws 1971, c. 71-136, § 804; Laws 1974, c. 74-383, § 32; Laws 1975, c. 75-298, § 22; Amended by Laws 1997, c. 97-102, § 1232, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.061

Effective: July 1, 2003

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.061. Impairing or impeding telephone or power to a dwelling; facilitating or furthering a burglary; penalty

(1) As used in this section, the term “burglary” has the meaning ascribed in s. 810.02(1)(b).

(2) A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling, impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or impedes such telephone or power transmission or conveyance commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CREDIT(S)

Added by Laws 2003, c. 2003-84, § 1, eff. July 1, 2003.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.07. Prima facie evidence of intent

(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.

(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with intent to commit an offense.

CREDIT(S)

Laws 1895, c. 4405, § 5; Gen.St.1906, § 3287; Rev.Gen.St.1920, § 5121; Comp.Gen.Laws 1927, § 7222; Laws 1970, c. 70-29, § 1; Laws 1974, c. 74-383, § 33; Laws 1987, c. 87-243, § 44.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.08

Effective: June 26, 2000

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.08. Trespass in structure or conveyance

(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(3) As used in this section, the term “person authorized” means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.

CREDIT(S)

Laws 1974, c. 74-383, § 34; Laws 1975, c. 75-298, § 22; Laws 1976, c. 76-46, § 2; Laws 1977, c. 77-132, § 1; Laws 1988, c. 88-381, § 33; Laws 1991, c. 91-224, § 185. Amended by Laws 1997, c. 97-102, § 1233, eff. July 1, 1997; Laws 2000, c. 2000-369, § 4, eff. June 26, 2000.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.09

Effective: July 1, 2008

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.09. Trespass on property other than structure or conveyance

(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or

2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,

commits the offense of trespass on property other than a structure or conveyance.

(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

(2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

(d) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is:

1. Greater than 1 acre in area and is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”; or

2. One acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than 2 inches in height, and reads in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign shall be placed at the location on the property where the permits for construction are located. For construction sites of 1 acre or less as provided in this subparagraph, it shall not be necessary to give notice by posting as defined in s. 810.011(5).

(e) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: “THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(f) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(g) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is a domestic violence center certified under s. 39.905 which is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(h) Any person who in taking or attempting to take any animal described in s. 379.101(19) or (20), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term “potentially lethal projectile” includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section does not apply to any governmental agent or employee acting within the scope of his or her official duties.

(i) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural chemicals manufacturing facility that is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”

(3) As used in this section, the term “authorized person” or “person authorized” means any owner, his or her agent, or a community association authorized as an agent for the owner, or any law enforcement officer whose department has received written authorization from the owner, his or her agent, or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare.

CREDIT(S)

Laws 1974, c. 74-383, § 35; Laws 1975, c. 75-298, § 22; Laws 1976, c. 76-46, § 3; Laws 1980, c. 80-389, § 2; Laws 1988, c. 88-381, § 34; Laws 1991, c. 91-224, § 186; Laws 1994, c. 94-263, § 2; Laws 1994, c. 94-307, § 2. Amended by Laws 1996, c. 96-388, § 48, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1818, eff. July 1, 1997; Laws 1997, c. 97-201, § 3, eff. Oct. 1, 1997; Laws 2000, c. 2000-369, § 5, eff. June 26, 2000; Laws 2001, c. 2001-182, § 2, eff. Oct. 1, 2001; Laws 2001, c. 2001-279, § 47, eff. Oct. 1, 2001; Laws 2002, c. 2002-46, § 36, eff. July 1, 2002; Laws 2006, c. 2006-289, § 14, eff. July 1, 2006; Laws 2006, c. 2006-295, § 1, eff. July 1, 2006; Laws 2007, c. 2007-123, § 2, eff. July 1, 2007; Laws 2008, c. 2008-247, § 205, eff. July 1, 2008.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.095

Effective: July 1, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.095. Trespass on school property with firearm or other weapon prohibited

(1) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon as defined in s. 790.001(13) or any firearm.

(2) As used in this section, “school property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

CREDIT(S)

Laws 1992, c. 92-130, § 1. Amended by Laws 2004, c. 2004-357, § 62, eff. July 1, 2004; Laws 2006, c. 2006-186, § 3, eff. July 1, 2006.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.097

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.097. Trespass upon grounds or facilities of a school; penalties; arrest

(1) Any person who:

(a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or

(b) Is a student currently under suspension or expulsion;

and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) The chief administrative officer of a school, or any employee thereof designated by the chief administrative officer to maintain order on such campus or facility, who has probable cause to believe that a person is trespassing upon school grounds in violation of this section may take such person into custody and detain him or her in a reasonable manner for a reasonable length of time pending arrival of a law enforcement officer. Such taking into custody and detention by an authorized person does not render that person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. If a trespasser is taken into custody, a law enforcement officer shall be called to the scene immediately after the person is taken into custody.

(4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer has probable cause for believing has committed the offense of trespass upon the grounds of a school facility. Such arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(5) As used in this section, the term “school” means the grounds or any facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic.

CREDIT(S)

Laws 1968, Ex.Sess., c. 68-3, § 1; Fla.St.1971, § 228.21; Laws 1972, c. 72-10, § 1; Laws 1972, c. 72-221, § 1; Laws 1977, c. 77-425, § 1; Laws 1979, c. 79-164, § 48; Laws 1982, c. 82-3, § 1; Laws 1991, c. 91-224, § 27; Laws 1995, c. 95-147, § 1207. Renumbered from 228.091 and amended by Laws 1999, c. 99-147, § 1, eff. July 1, 1999.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.0975

Effective: July 1, 2002

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.0975. School safety zones; definition; trespass prohibited; penalty

(1) For the purposes of this section, the term “school safety zone” means in, on, or within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.

(2)(a) Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone.

(b) During the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone. Any person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(c) Any person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who shall willfully fail to remove himself or herself from the school safety zone after the principal or designee, having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, requests him or her to leave the school safety zone commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in this section shall be construed to abridge or infringe upon the right of any person to peaceably assemble and protest.

(3) This section does not apply to residents or persons engaged in the operation of a licensed commercial business within the school safety zone.

CREDIT(S)

Added by Laws 2002, c. 2002-192, § 1, eff. July 1, 2002.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.10

Effective: June 27, 2007

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.10. Posted land; removing notices unlawful; penalty

(1) It is unlawful for any person to willfully remove, destroy, mutilate, or commit any act designed to remove, mutilate, or reduce the legibility or effectiveness of any posted notice placed by the owner, tenant, lessee, or occupant of legally enclosed or legally posted land pursuant to any law of this state for the purpose of legally enclosing the same.

(2) Any person violating the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1949, c. 25246, §§ 1, 2; Laws 1971, c. 71-136, § 893; Fla.St.1973, § 821.071; Laws 1974, c. 74-383, § 36; Laws 1975, c. 75-298, § 23; Laws 1991, c. 91-224, § 187. Amended by Laws 2007, c. 2007-244, § 5, eff. June 27, 2007.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.11

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.11. Placing signs adjacent to highways; penalty

(1) All persons are prohibited from placing, posting, or erecting signs upon land or upon trees upon land adjacent to or adjoining all public highways of the state, without the written consent of the owner of such land, or the written consent of the attorney or agent of such owner.

(2) Every person convicted of a violation of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1929, c. 13801, §§ 1, 2; Comp.Gen.Laws Supp.1936, § 7433(1); Laws 1971, c. 71-136, § 892; Fla.St.1973, § 821.02; Laws 1974, c. 74-383, § 37; Laws 1975, c. 75-298, § 24; Laws 1991, c. 91-224, § 188.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.112

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.112. Repealed by Laws 1976, c. 76-46, § 5, eff. July 1, 1976

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.113

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.113. Repealed by Laws 1976, c. 76-46, § 5, eff. July 1, 1976

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.115

Effective: June 27, 2007

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.115. Breaking or injuring fences

(1) Whoever willfully and maliciously breaks down, mars, injures, defaces, cuts, or otherwise creates or causes to be created an opening, gap, interruption, or break in any fence, or any part thereof, belonging to or enclosing land not his or her own, or whoever causes to be broken down, marred, injured, defaced, or cut any fence belonging to or enclosing land not his or her own, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who commits a second or subsequent offense under this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) If the offender breaks or injures a fence as provided in subsection (1) and the fence or any part thereof is used to contain animals at the time of the offense, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) The court may require full compensation to the owner of the fence for any and all damages or losses resulting directly or indirectly from the act or commission pursuant to s. 775.089.

CREDIT(S)

Laws 1978, c. 78-256, § 1; Laws 1988, c. 88-381, § 35; Laws 1991, c. 91-224, § 189; Laws 1993, c. 93-37, § 5. Amended by Laws 1997, c. 97-102, § 1234, eff. July 1, 1997; Laws 2003, c. 2003-50, § 1, eff. July 1, 2003; Laws 2007, c. 2007-244, § 6, eff. June 27, 2007.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.12

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.12. Unauthorized entry on land; prima facie evidence of trespass

(1) The unauthorized entry by any person into or upon any enclosed and posted land shall be prima facie evidence of the intention of such person to commit an act of trespass.

(2) The act of entry upon enclosed and posted land without permission of the owner of said land by any worker, servant, employee, or agent while actually engaged in the performance of his or her work or duties incident to such employment and while under the supervision or direction, or through the procurement, of any other person acting as supervisor, foreman, employer, or principal, or in any other capacity, shall be prima facie evidence of the causing, and of the procurement, of such act by the supervisor, foreman, employer, principal, or other person.

(3) The act committed by any person or persons of taking, transporting, operating, or driving, or the act of permitting or consenting to the taking or transporting of, any machine, tool, motor vehicle, or draft animal into or upon any enclosed and posted land without the permission of the owner of said land by any person who is not the owner of such machine, tool, vehicle, or animal, but with the knowledge or consent of the owner of such machine, tool, vehicle, or animal, or of the person then having the right to possession thereof, shall be prima facie evidence of the intent of such owner of such machine, tool, vehicle, or animal, or of the person then entitled to the possession thereof, to cause or procure an act of trespass.

(4) As used herein, the term “owner of said land” shall include the beneficial owner, lessee, occupant, or other person having any interest in said land under and by virtue of which that person is entitled to possession thereof, and shall also include the agents or authorized employees of such owner.

(5) However, this section shall not apply to any official or employee of the state or a county, municipality, or other governmental agency now authorized by law to enter upon lands or to registered engineers and surveyors and mappers authorized to enter lands pursuant to ss. 471.027 and 472.029. The provisions of this section shall not apply to the trimming or cutting of trees or timber by municipal or private public utilities, or their employees, contractors, or subcontractors, when such trimming is required for the establishment or maintenance of the service furnished by any such utility.

(6) The unlawful dumping by any person of any litter in violation of s. 403.413(4) is prima facie evidence of the intention of such person to commit an act of trespass. If any waste that is dumped in violation of s. 403.413(4) is discovered to contain any article, including, but not limited to, a letter, bill, publication, or other writing that displays the name of a person thereon, addressed to such person or in any other manner indicating that the article last belonged to such person, that discovery raises a mere inference that the person so identified has violated this section. If the court finds that the discovery of the location of the article is corroborated by the existence of an independent fact or circumstance which, standing alone, would constitute evidence sufficient to prove a violation of s. 403.413(4), such person is rebuttably presumed to have violated that section.

CREDIT(S)

Laws 1976, c. 76-46, § 4; Laws 1994, c. 94-119, § 123; Laws 1994, c. 94-263, § 3. Amended by Laws 1997, c. 97-102, § 1235, eff. July 1, 1997.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.125

Effective: June 27, 2007

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.125. Injury to certain trespassers on agricultural land; recovery limited

A person or organization owning, controlling, or possessing an interest in agricultural real property, or an agent of such person or organization, shall not be held liable for negligence related to such property that results in the death of, injury to, or damage to a person who has engaged or is engaging in conduct on the property that is unlawful under either s. 810.10 or s. 810.115 or unlawful trespassing by such person incident to such conduct on the property.

CREDIT(S)

Added by Laws 2007, c. 2007-244, § 3, eff. June 27, 2007.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.13

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.13. Cave vandalism and related offenses

(1) Definitions.--As used in this act:

(a) “Cave” means any void, cavity, recess, or system of interconnecting passages which naturally occurs beneath the surface of the earth or within a cliff or ledge, including natural subsurface water and drainage systems but not including any mine, tunnel, aqueduct, or other manmade excavation, and which is large enough to permit a person to enter. The word “cave” includes any cavern, natural pit, or sinkhole which is an extension of an entrance to a cave.

(b) “Cave life” means any life form which is indigenous to a cave or to a cave ecosystem.

(d) “Owner” means a person who owns title to land where a cave is located, including a person who holds a leasehold estate in such land; the state or any of its agencies, departments, boards, bureaus, commissions, or authorities; or any county, municipality, or other political subdivision of the state.

(e) “Person” means any individual, partnership, firm, association, trust, corporation, or other legal entity.

(f) “Sinkhole” means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, limesink, or sink.

(g) “Speleogen” means an erosional feature of a cave boundary, including, but not restricted to, anastomoses, scallops, rills, flutes, spongework, or pendants.

(h) “Speleothem” means a natural mineral formation or deposit occurring in a cave, including, but not restricted to, a stalagmite, stalactite, helictite, anthodite, gypsum flower, gypsum needle, angel hair, soda straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column, or flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite, or other similar minerals.

(2) Vandalism.--It is unlawful for any person, without the prior written permission of the owner, to:

(a) Break, break off, crack, carve upon, write upon, burn, mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein, whether attached or broken, including speleothems, speleogens, or sedimentary deposits. This paragraph does not prohibit minimal disturbance or removal for scientific inquiry.

(b) Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to a cave, even though entrance thereto may not be gained.

(3) Cave life.--It is unlawful to remove, kill, harm, or otherwise disturb any naturally occurring organism within a cave, except for safety or health reasons. The provisions of this subsection do not prohibit minimal disturbance or removal of organisms for scientific inquiry.

(4) Pollution and littering.--It is unlawful to store in a cave any chemical or other material which may be detrimental or hazardous to the cave, to the mineral deposits therein, to the cave life therein, to the waters of the state, or to persons using such cave for any purposes. It is also unlawful to dump, litter, dispose of, or otherwise place any refuse, garbage, dead animal, sewage, trash, or other similar waste materials in a cave. This subsection shall not apply to activity which is regulated pursuant to s. 373.106, regarding the intentional introduction of water into an underground formation, or chapter 377, regarding the injection of fluids into subsurface formations in connection with oil or gas operations.

(5) Sale of speleothems.--It is unlawful for any person to sell or offer for sale any speleothems in this state or to transport them for sale outside this state.

(6) Penalties.--Any person who violates subsection (2), subsection (3), subsection (4), or subsection (5) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CREDIT(S)

Laws 1980, c. 80-356, §§ 8 to 13; Laws 1981, c. 81-259, § 486.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.14

Effective: July 1, 2006

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.14. Voyeurism prohibited; penalties

(1) A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.

(2) A person who violates this section commits a misdemeanor of the first degree for the first violation, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) For purposes of this section, a person has been previously convicted or adjudicated delinquent of a violation of this section if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense.

CREDIT(S)

Added by Laws 1998, c. 98-415, § 2, eff. July 1, 1998. Amended by Laws 1999, c. 99-3, § 101, eff. June 29, 1999; Laws 2006, c. 2006-267, § 1, eff. July 1, 2006.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 810.145

Effective: October 1, 2012

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

810.145. Video voyeurism

(1) As used in this section, the term:

(a) “Broadcast” means electronically transmitting a visual image with the intent that it be viewed by another person.

(b) “Imaging device” means any mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting visual images of another person.

(c) “Place and time when a person has a reasonable expectation of privacy” means a place and time when a reasonable person would believe that he or she could fully disrobe in privacy, without being concerned that the person's undressing was being viewed, recorded, or broadcasted by another, including, but not limited to, the interior of a residential dwelling, bathroom, changing room, fitting room, dressing room, or tanning booth.

(d) “Privately exposing the body” means exposing a sexual organ.

(2) A person commits the offense of video voyeurism if that person:

(a) For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person's knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy;

(b) For the amusement, entertainment, sexual arousal, gratification, or profit of another, or on behalf of another, intentionally permits the use or installation of an imaging device to secretly view, broadcast, or record a person, without that person's knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; or

(c) For the amusement, entertainment, sexual arousal, gratification, or profit of oneself or another, or on behalf of oneself or another, intentionally uses an imaging device to secretly view, broadcast, or record under or through the clothing being worn by another person, without that person's knowledge and consent, for the purpose of viewing the body of, or the undergarments worn by, that person.

(3) A person commits the offense of video voyeurism dissemination if that person, knowing or having reason to believe that an image was created in a manner described in this section, intentionally disseminates, distributes, or transfers the image to another person for the purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person.

(4) A person commits the offense of commercial video voyeurism dissemination if that person:

(a) Knowing or having reason to believe that an image was created in a manner described in this section, sells the image for consideration to another person; or

(b) Having created the image in a manner described in this section, disseminates, distributes, or transfers the image to another person for that person to sell the image to others.

(5) This section does not apply to any:

(a) Law enforcement agency conducting surveillance for a law enforcement purpose;

(b) Security system when a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security for the premises;

(c) Video surveillance device that is installed in such a manner that the presence of the device is clearly and immediately obvious; or

(d) Dissemination, distribution, or transfer of images subject to this section by a provider of an electronic communication service as defined in 18 U.S.C. s. 2510(15), or a provider of a remote computing service as defined in 18 U.S.C. s. 2711(2). For purposes of this section, the exceptions to the definition of “electronic communication” set forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not apply, but are included within the definition of the term.

(6) Except as provided in subsections (7) and (8):

(a) A person who is under 19 years of age and who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person who is 19 years of age or older and who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) A person who violates this section and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8)(a) A person who is:

1. Eighteen years of age or older who is responsible for the welfare of a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child;

2. Eighteen years of age or older who is employed at a private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a voluntary prekindergarten education program as described in s. 1002.53(3)(a), (b), or (c) and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program; or

3. Twenty-four years of age or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who violates this subsection and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(9) For purposes of this section, a person has previously been convicted of or adjudicated delinquent for a violation of this section if the violation resulted in a conviction that was sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense.

CREDIT(S)

Added by Laws 2004, c. 2004-39, § 1, eff. July 1, 2004. Amended by Laws 2008, c. 2008-188, § 1, eff. July 1, 2008; Laws 2012, c. 2012-19, § 7, eff. Oct. 1, 2012; Laws 2012, c. 2012-39, § 1, eff. July 1, 2012.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 811, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered]

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.01. Repealed by Laws 1957, c. 57-1, § 24; Laws 1957, c. 57-344, § 3

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.02

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.02. Repealed by Laws 1957, c. 57-1, § 24; Laws 1957, c. 57-344, § 3

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.021

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.021. Renumbered as 812.021 and amended by Laws 1974, c. 74-383, § 40

See, now, F.S.A. § 812.014.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.022

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.022. Renumbered as 901.34 in Fla.St.1974, Supp.

See, now, F.S.A. § 901.34

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.03

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.03. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.04

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.04. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.05

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.05. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.06

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.06. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.07

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.07. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.08

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.08. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.09

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.09. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.10

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.10. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.11

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.11. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.12

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.12. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.13

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.13. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.14

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.14. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.15

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.15. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.16

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.16. Renumbered as 812.031 and amended by Laws 1974, c. 74-383, § 41

See, now, F.S.A. § 812.031

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.163

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.163. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.165

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.165. Renumbered as 812.051 and amended by Laws 1974, c. 74-383, §§ 43, 65

See, now, F.S.A. § 812.051

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.17

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.17. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.18

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.18. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.19

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.19. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.20

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.20. Repealed by Laws 1970, c. 70-19, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.201

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.201. Renumbered as 812.061 by Laws 1974, c. 74-383, § 65

See, now, F.S.A. § 812.061

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.21

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.21. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.22

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.22. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.23

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.23. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.24

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.24. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.25

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.25. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.26

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.26. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.27

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.27. Repealed by Laws 1972, c. 72-252, § 2

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.271

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.271. Transferred to 603.161 by Laws 1972, c. 72-252, § 3

See, now, F.S.A. § 603.161

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.28

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.28. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.29

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.29. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 811.30

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 811. Larceny; Receiving Stolen Goods; Related Crimes [Repealed; Renumbered] (Refs & Annos)

811.30. Repealed by Laws 1974, c. 74-383, § 66

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. T. XLVI, Ch. 812, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 812. Theft, Robbery, and Related Crimes

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 812.005

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 812. Theft, Robbery, and Related Crimes (Refs & Annos)

812.005. Short title

Sections 812.012-812.037 shall be known as the “Florida Anti-Fencing Act.”

CREDIT(S)

Laws 1977, c. 77-342, § 2.

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. §§ 812.01

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 812. Theft, Robbery, and Related Crimes (Refs & Annos)

812.01. Repealed by Laws 1972, c. 72-254, § 5

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 812.011

Effective:[See Text Amendments]

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 812. Theft, Robbery, and Related Crimes (Refs & Annos)

812.011. Repealed by Laws 1977, c. 77-342, § 16, eff. Oct. 1, 1977

Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013

West's F.S.A. § 812.012

Effective: July 1, 2001

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 812. Theft, Robbery, and Related Crimes (Refs & Annos)

812.012. Definitions

As used in ss. 812.012-812.037:

(1) “Cargo” means partial or entire shipments, containers, or cartons of property which are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility.

(2) “Dealer in property” means any person in the business of buying and selling property.

(3) “Obtains or uses” means any manner of:

(a) Taking or exercising control over property.

(b) Making any unauthorized use, disposition, or transfer of property.

(d)1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pr