1997 Florida Code
TITLE XLVI CRIMES
Chapter 775 Definitions; General Penalties; Registration Of Criminals  
775.082   Penalties; mandatory minimum sentences for certain reoffenders previously released from prison.

775.082  Penalties; 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).

(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.  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.

(b)  For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.

(c)  For a felony of the second degree, by a term of imprisonment not exceeding 15 years.

(d)  For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

(4)  A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a)  For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

(b)  For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

(5)  Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county.

(6)  Nothing in this section shall be construed to alter the operation of any statute of this state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an indeterminate period within minimum and maximum limits as provided by law, except as provided in subsection (1).

(7)  This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.

(8)

(a)

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;

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 an occupied structure or dwelling; or

r.  Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071;

within 3 years of being released from a state correctional facility operated by the Department of Corrections or a private vendor.

2.  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 any of the following circumstances exist:

a.  The prosecuting attorney does not have sufficient evidence to prove the highest charge available;

b.  The testimony of a material witness cannot be obtained;

c.  The victim does not want the offender to receive the mandatory prison sentence and provides a written statement to that effect; or

d.  Other extenuating circumstances exist which preclude the just prosecution of the offender.

2.  For every case in which the offender meets the criteria in paragraph (a) and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney. On a quarterly basis, each state attorney shall submit copies of deviation memoranda regarding offenses committed on or after the effective date of this subsection, to the president of the Florida Prosecuting Attorneys Association, Inc. The association must maintain such information, and make such information available to the public upon request, for at least a 10-year period.

(9)  The purpose of this section is to provide uniform punishment for those crimes made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

History.--s. 3, ch. 71-136; ss. 1, 2, ch. 72-118; s. 2, ch. 72-724; s. 5, ch. 74-383; s. 1, ch. 77-174; s. 1, ch. 83-87; s. 1, ch. 94-228; s. 16, ch. 95-184; s. 4, ch. 95-294; s. 2, ch. 97-239.

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