1997 Florida Code
TITLE XLVI CRIMES
Chapter 775 Definitions; General Penalties; Registration Of Criminals  
775.087   Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.

775.087  Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.--

1(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, 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.

(c)  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 which is reclassified under this section is ranked one level above the ranking under s. 921.0012 or s. 921.0013 of the felony offense committed.

(2)  Any person who is convicted of a felony or an attempt to commit a 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; or

(p)  Aggravated stalking

and during the commission of the offense, such person 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 3 years. 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.

(3)

(a)  Any person who is convicted of a felony or an attempt to commit a felony and the conviction was for:

1.  Murder;

2.  Sexual battery;

3.  Robbery;

4.  Burglary;

5.  Arson;

6.  Aggravated assault;

7.  Aggravated battery;

8.  Kidnapping;

9.  Escape;

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

11.  Aircraft piracy;

12.  Aggravated child abuse;

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

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

15.  Carjacking;

16.  Home-invasion robbery; or

17.  Aggravated stalking

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 8 years. 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.

(b)  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.

History.--s. 9, ch. 74-383; s. 1, ch. 75-7; s. 3, ch. 75-298; s. 2, ch. 76-75; s. 51, ch. 83-215; s. 3, ch. 89-306; s. 2, ch. 90-124; s. 2, ch. 90-176; s. 19, ch. 95-184; s. 9, ch. 95-195; s. 15, ch. 96-322; s. 55, ch. 96-388; s. 14, ch. 97-194.

1Note.--Section 14, ch. 97-194, amended subsection (1), effective October 1, 1998, to read:

(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, 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.

(c)  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 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.

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