741.283
Minimum term of imprisonment for domestic violence.
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741.283 Minimum term of imprisonment for domestic violence.—
(1)(a) Except as provided in paragraph (b), if a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 10 days in the county jail for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.
(b) If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, and the crime of domestic violence takes place in the presence of a child under 16 years of age who is a family or household member, as defined in s. 741.28, of the victim or the perpetrator, the court shall order the person to serve a minimum of 15 days in the county jail for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.
(2) This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration.
History.—s. 3, ch. 2001-50; s. 2, ch. 2017-156.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2021–2022 · leading case: ALBERT E. NARVAEZ v. STATE OF FLORIDA
ALBERT E. NARVAEZ v. STATE OF FLORIDA (2022)
“Therefore, we should decline the State’s belated request for a second opportunity to empanel a jury to determine if the defendant should be “adjudicated guilty of a crime of domestic violence” pursuant to section 741.283, Florida Statutes (2018).”
JEREMY BETHEA v. STATE OF FLORIDA (2021)
“Section 741.283 establishes minimum terms of imprisonment for those “adjudicated guilty of a crime of domestic violence, as defined in s.”
ALBERT E. NARVAEZ v. STATE OF FLORIDA (2022)
“28(2) triggers mandatory minimum sentences under section 741.283.” Bethea v. State, 319 So.”
— 741.283(1)(a) — 1 case
JEREMY BETHEA v. STATE OF FLORIDA (2021)
“Section 741.283 establishes minimum terms of imprisonment for those “adjudicated guilty of a crime of domestic violence, as defined in s.”
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