775.04
What penal acts or omissions not public offenses.
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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.
History.—RS 2349; GS 3173; RGS 5002; CGL 7101; s. 1184, ch. 97-102.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1985–2026 · leading case: Wyche v. State
Wyche v. State (2008)
“The trial court also adjudicated Wyche a habitual felony offender under section 775.04, Florida Statutes. On appeal, the First District issued a broad opinion with sweeping language, which affirmed the denial of the motion to suppress and held that deception is largely if not…”
Lenoir v. State (2001)
“by shooting him with a firearm in violation of § 775.04 and 782.04," which citations refer to the offenses of attempt and murder.”
State v. Riley (1995)
“By virtue of sentencing a habitual offender to a more lenient sentence than that required by section 775.04, Florida Statutes (1991), the judge has necessarily decided that a habitual offender sentence is not necessary.”
State v. Colley (1999)
“Likewise, the fact *1174 that the offense to which he pleaded is a first-degree felony only because it was reclassified under section 775.04 does not prevent his designation as a sexual predator.”
Pope v. State (1985)
“Defendant contends that his enhanced sentence as an habitual offender following his conviction for grand theft was erroneous because the trial court made no finding that the enhanced sentence was necessary to protect the public as required by section 775.04(3), Florida Statutes…”
JAMIE PERRY ZAGARELLA v. STATE OF FLORIDA (2023)
“He argues this violates double jeopardy under section 775.04(b)(2), Florida Statutes (2021), because it convicts him of two offenses that are “different degrees of the same offense.”
Carl Reginald Dunlap v. State of Florida (2026)
“1st DCA 2018) (citing § 775.04(1), Fla. Stat.); see Fla. Dep’t of Corr.”
Bryant v. State (1993)
“We agree with appellant that one of the grounds of his motion for post-conviction relief, whether his prior record qualified him for habitual offender status under the pre-1989 version of section 775.04, Florida Statutes, is facially valid.”
— 775.04(1) — 1 case
Carl Reginald Dunlap v. State of Florida (2026)
“1st DCA 2018) (citing § 775.04(1), Fla. Stat.); see Fla. Dep’t of Corr.”
— 775.04(3) — 1 case
Pope v. State (1985)
“Defendant contends that his enhanced sentence as an habitual offender following his conviction for grand theft was erroneous because the trial court made no finding that the enhanced sentence was necessary to protect the public as required by section 775.04(3), Florida Statutes…”
— 775.04(b)(2) — 1 case
JAMIE PERRY ZAGARELLA v. STATE OF FLORIDA (2023)
“He argues this violates double jeopardy under section 775.04(b)(2), Florida Statutes (2021), because it convicts him of two offenses that are “different degrees of the same offense.”
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