Florida Statute 775.8 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.08

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.

History.—s. 1(11), ch. 1637, 1868; RS 2352; GS 3176; RGS 5006; CGL 7105; s. 1, ch. 71-136; s. 4, ch. 74-383; s. 1, ch. 75-298; s. 1, ch. 88-196.

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Amendments to 775.08

Annotations, Discussions, Cases:

Cases Citing Statute 775.08

Total Results: 74

Thomas v. State

614 So. 2d 468, 1993 WL 1330

Supreme Court of Florida | Filed: Jan 7, 1993 | Docket: 449340

Cited 51 times | Published

penalties for violation of municipal ordinances. Section 775.08, Florida Statutes (1989), outlines classes

Stanfill v. State

384 So. 2d 141

Supreme Court of Florida | Filed: Apr 3, 1980 | Docket: 1678551

Cited 41 times | Published

language contained in two other related statutes, section 775.08(2) and section 316.026(4), which it read in

State v. Woodruff

676 So. 2d 975, 1996 WL 254371

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 1317745

Cited 26 times | Published

correctional facility not in excess of one year. See § 775.08, Fla.Stat. (1991).

State Ex Rel. Washington v. Rivkind

350 So. 2d 575

District Court of Appeal of Florida | Filed: Oct 11, 1977 | Docket: 1714184

Cited 18 times | Published

misdemeanor, not a non-criminal violation. See Section 775.08(3), Florida Statutes (1975). And subsection

Klayman v. Judicial Watch, Inc.

22 F. Supp. 3d 1240, 2014 U.S. Dist. LEXIS 71045, 2014 WL 2158418

District Court, S.D. Florida | Filed: May 23, 2014 | Docket: 64295223

Cited 14 times | Published

misdemeanor.” (alteration added) (citing Fla. Stat. § 775.08)). The statement at issue does not accuse Klayman

Milton Wolfe v. Gerald Coleman, Sheriff Pinellas County Florida and Jim Smith, Attorney General of the State of Florida

681 F.2d 1302, 1982 U.S. App. LEXIS 16920

Court of Appeals for the Eleventh Circuit | Filed: Aug 2, 1982 | Docket: 222964

Cited 14 times | Published

punishable not in excess of one year. Fla.Stat. § 775.-08(2). 7 . 'Most of the federal cases

Thomas v. State

583 So. 2d 336, 1991 WL 41004

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1284058

Cited 13 times | Published

1969), a "generic" crime. But by enacting section 775.08, Florida Statutes (1974 Supp.), the legislature

Whirley v. State

450 So. 2d 836

Supreme Court of Florida | Filed: May 17, 1984 | Docket: 1433500

Cited 11 times | Published

that the offense charged is not a crime under section 775.08(2), Florida Statutes (1979),[2] and therefore

Hames v. CITY OF MIAMI FIREFIGHTERS'

980 So. 2d 1112, 2008 WL 583672

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1418761

Cited 9 times | Published

death or imprisonment in a state penitentiary." § 775.08(1), Fla. Stat. (2006) (emphasis added). Hames

Shields v. Smith

404 So. 2d 1106

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 1782750

Cited 8 times | Published

contributions as of his date of termination. [2] Section 775.08(1), Fla. Stat. (1979). [3] E.g., United States

Kittles v. State

31 So. 3d 283, 2010 Fla. App. LEXIS 4187, 2010 WL 1222673

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647564

Cited 7 times | Published

facility for a sentence "not in excess of 1 year." § 775.08(2), Fla. Stat. (2001). While misdemeanors ordinarily

Kimmons v. State

23 So. 2d 523, 156 Fla. 448, 1945 Fla. LEXIS 889

Supreme Court of Florida | Filed: Oct 12, 1945 | Docket: 3269495

Cited 6 times | Published

it either as a felony or a misdemeanor that Section 775.08 Florida Statutes 1941 is applicable as fixing

Simcox v. CITY OF HOLLYWOOD POLICE OFFICERS'RET. SYSTEM

988 So. 2d 731, 2008 Fla. App. LEXIS 12687, 2008 WL 3914892

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1385187

Cited 5 times | Published

penitentiary." Hames, 980 So.2d at 1116 (citing § 775.08(1), Fla. Stat. (2006)). On appeal, Simcox argues

State v. Knowles

625 So. 2d 88, 1993 WL 383000

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 474227

Cited 4 times | Published

(1991); 4 Fla.Jur.2d § 130 at 470. In addition, section 775.08, Florida Statutes (1991) provides that: (3)

Gwynn v. ORANGE CTY. BD. OF CTY. COMM'RS

527 So. 2d 866

District Court of Appeal of Florida | Filed: Jun 16, 1988 | Docket: 529937

Cited 4 times | Published

statutorily provided, i.e., for felony convictions. Section 775.08(1) and (2), Florida Statutes (1987) (the term

Kline v. State

509 So. 2d 1178, 12 Fla. L. Weekly 1572

District Court of Appeal of Florida | Filed: Jun 25, 1987 | Docket: 1715514

Cited 4 times | Published

term is imposed as a condition of probation. Section 775.08, Florida Statutes (1985), provides: When used

Moorman v. Bentley

490 So. 2d 186, 11 Fla. L. Weekly 1400

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 1489117

Cited 4 times | Published

of a misdemeanor contains the same limitation. § 775.08(2), Fla. Stat. (1985). For all practical purposes

State v. Bailey

360 So. 2d 772

Supreme Court of Florida | Filed: Jun 30, 1978 | Docket: 1738796

Cited 4 times | Published

whether a crime is a felony or a misdemeanor. Section 775.08, Florida Statutes (1977). Chapman v. Lake,

Rumph v. State

248 So. 2d 526

District Court of Appeal of Florida | Filed: Jun 1, 1971 | Docket: 1293501

Cited 4 times | Published

state penitentiary and hence is a felony under Section 775.08. In its appellate brief the state relies heavily

State Ex Rel. Shargaa v. Culver

113 So. 2d 383

Supreme Court of Florida | Filed: Jun 26, 1959 | Docket: 1490703

Cited 4 times | Published

of a felony. Petitioner asserts that under Section 775.08, Florida Statutes, F.S.A., only crimes punishable

State v. Lacayo

8 So. 3d 385, 2009 Fla. App. LEXIS 1931, 2009 WL 529431

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1222789

Cited 3 times | Published

defined as a felony or misdemeanor. Fla. Stat. § 775.08(4) (2007) ("When used in the laws of this state

Regueiro v. State

619 So. 2d 463, 1993 WL 191991

District Court of Appeal of Florida | Filed: Jun 9, 1993 | Docket: 1382330

Cited 3 times | Published

term of years not exceeding life imprisonment. § 775.08(3)(b), Fla. Stat. (1991). This case does provide

JBM v. State

560 So. 2d 347, 1990 WL 51699

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 2566835

Cited 3 times | Published

Article X, section 10, Florida Constitution, and section 775.08(1), Florida Statutes, although under section

Reilly v. State

212 So. 2d 796

District Court of Appeal of Florida | Filed: Jul 16, 1968 | Docket: 1513469

Cited 3 times | Published

imprisonment in the state prison is a felony. Fla. Stat. § 775.08, F.S.A. When one is specifically charged with

ATIS v. State

32 So. 3d 81, 2009 Fla. App. LEXIS 11751, 2009 WL 2568208

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1198894

Cited 2 times | Published

excess of 1 year" are classified as felonies. See § 775.08(1), Fla. Stat. (2007). Although it is plausible

Flores v. State

974 So. 2d 556, 2008 WL 397454

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1717501

Cited 2 times | Published

investigation. § 918.13, Fla. Stat. (2006). [3] § 775.08, Fla. Stat. (2006).

Graves v. State

821 So. 2d 459, 2002 WL 1625423

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1235769

Cited 2 times | Published

which, except an extended term, exceeds 1 year. § 775.08, Fla. Stat. (2001). Contempt is punishable by

Stanfill v. State

360 So. 2d 128

District Court of Appeal of Florida | Filed: Jun 23, 1978 | Docket: 1474149

Cited 2 times | Published

In such pursuit, our attention focuses upon F.S. 775.08 "Classes and Definition of Offenses". Of special

Wall v. Purdy

321 F. Supp. 367, 1971 U.S. Dist. LEXIS 14969

District Court, S.D. Florida | Filed: Jan 20, 1971 | Docket: 66067391

Cited 2 times | Published

shall * * etc. By statute the Legislature, in Section 775.08, F.S.A., has limited all crimes to felonies

Gutterman v. State

141 So. 2d 21

District Court of Appeal of Florida | Filed: May 3, 1962 | Docket: 1476343

Cited 2 times | Published

imprisonment in the State Penitentiary." Similarly, Section 775.08, Florida Statutes, F.S.A., provides: "Any crime

Nation v. State

17 So. 2d 521, 154 Fla. 337, 1944 Fla. LEXIS 698

Supreme Court of Florida | Filed: Apr 11, 1944 | Docket: 3265035

Cited 2 times | Published

over the applicability or non-applicability of Section 775.08 Florida Statutes, 1941 to the crime denounced

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712522

Cited 1 times | Published

established by the [CPC] under chapter 921."). See § 775.08(2); Kittles v. State, 31 So.3d 283, 284-85 (Fla

In re Standard Jury Instructions in Criminal Cases

123 So. 3d 54, 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235111

Cited 1 times | Published

by any agency. Give if applicable. Fla. Stat. § 775.08(1). “Felony” means any criminal offense punishable

Brown v. State

232 So. 2d 55

District Court of Appeal of Florida | Filed: Feb 12, 1970 | Docket: 1713149

Cited 1 times | Published

dollars." *57 The next statute is F.S. 1965, Section 775.08, F.S.A. It defines felonies and misdemeanors

Palomares v. State of Florida

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70807599

Published

provided . . . for felony convictions." (citing § 775.08(1), (2), Fla. Stat. (1987))). Moreover, FDOC does

Swist v. State of Florida

District Court of Appeal of Florida | Filed: Jan 24, 2025 | Docket: 69573580

Published

deleting the $125.72 fine [imposed] pursuant to section 775.08, [Florida Statutes,] and the $6.28 fine surcharge

ISLAAM v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 14, 2024 | Docket: 68855842

Published

death or imprisonment in state prison under section 775.08, Florida Statutes (1965), and under section

Club Madonna Inc. v. City of Miami Beach

Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 2022 | Docket: 64858991

Published

any municipal or county or- dinance. Id. § 775.08(3) (emphasis added). The plain meaning of “noncrim-

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712523

Published

established by the [CPC] under chapter 921."). See § 775.08(2); Kittles v. State, 31 So.3d 283, 284-85 (Fla

In Re: Standard Jury Instructions in Criminal Cases—report 2016-10

214 So. 3d 1290

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684621

Published

agency. Give-if applicable. Fla. Slat. § 775.08(1). Fla. Slat. “Felony” means any criminal

Orange County v. State

187 So. 3d 322, 2016 WL 830275

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045465

Published

889 So.2d 812, 822 (Fla.2004)). Section 775.08(1) of the Florida Statutes defines a felony

Diaz v. Florida Department of Law Enforcement

164 So. 3d 24, 2015 WL 1609959

District Court of Appeal of Florida | Filed: Apr 10, 2015 | Docket: 60247977

Published

by imprisonment in the state penitentiary.”); § 775.08(1), Fla. Stat. *26(2014) (“When used in the laws

State v. C.M., a child

154 So. 3d 1177, 2015 Fla. App. LEXIS 167, 2015 WL 71949

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621540

Published

violation of any municipal or county ordinance. § 775.08(3), Fla. Stat. (2013). Under the delinquency

Ago

Florida Attorney General Reports | Filed: Jun 15, 2009 | Docket: 3258808

Published

any other penalty except as provided by law." Section 775.08(2), Florida Statutes, defines the term "misdemeanor

Saridakis v. State

936 So. 2d 33, 2006 Fla. App. LEXIS 11613, 2006 WL 1896405

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64846203

Published

Affirmed. SHAHOOD and MAY, JJ., concur. . Section 775.08(2), Florida Statutes, provides that "[t]he

Smith v. Moore

170 F.3d 1051

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1999 | Docket: 212194

Published

two or more felonies in this state.” Fla. Stat. § 775.08(1)(a) (Supp. 1988) (emphasis added). A“habitual

Pratt v. State

685 So. 2d 1333, 1996 Fla. App. LEXIS 3900, 1996 WL 187352

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 64770256

Published

and CAMPBELL and SCHOONOVER, JJ., concur. . See § 775.08.4(4)(e), Fla.Stat. (1993).

Bordo, Inc. v. State

627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394

Published

cruelty to animals, is also not implicated. . Section 775.08(4), Florida Statutes (1991), provides that

J.J. v. State

620 So. 2d 1139, 1993 Fla. App. LEXIS 7027, 1993 WL 243133

District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 64697482

Published

prosecution,” W.O.C., 318 So.2d at 148, citing section 775.08, Florida Statutes (1973),2 presumably for the

Anderson v. State

617 So. 2d 827, 1993 Fla. App. LEXIS 4761, 1993 WL 136606

District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 64695897

Published

cannot be served in any state penitentiary. See § 775.08(1), Fla.Stat. (1991). The trial court in this

Trujillo v. State

575 So. 2d 786, 1991 Fla. App. LEXIS 1973, 1991 WL 30429

District Court of Appeal of Florida | Filed: Mar 11, 1991 | Docket: 64656891

Published

is a misdemeanor, see § 316.193(2)(a)2.a. and § 775.08(2), Trujillo’s conviction was recorded on the

City of Fort Lauderdale v. Mattlin

566 So. 2d 1330, 1990 Fla. App. LEXIS 6533, 1990 WL 125083

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 64653134

Published

723, 119 So. 118 (Fla.1928). Florida Statutes Section 775.08(3) provides: The term “noncriminal violation”

J.B.M. v. State

560 So. 2d 347, 1990 Fla. App. LEXIS 2876

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 64650146

Published

Article X, section 10, Florida Constitution, and section 775.08(1), Florida Statutes, although under section

Ago

Florida Attorney General Reports | Filed: Nov 3, 1988 | Docket: 3256941

Published

provided by ss. 775.082, 775.083, or 775.084, F.S. Section 775.08(2), F.S., defines "misdemeanor" as any

Gwynn v. Orange County Board of County Commissioners

527 So. 2d 866, 13 Fla. L. Weekly 1423, 1988 Fla. App. LEXIS 2535

District Court of Appeal of Florida | Filed: Jun 16, 1988 | Docket: 64635735

Published

statutorily provided, i.e., for felony convictions. Section 775.08(1) and (2), Florida Statutes (1987) (the term

Russell v. Wanicka

524 So. 2d 1077, 13 Fla. L. Weekly 988, 1988 Fla. App. LEXIS 1667, 1988 WL 36062

District Court of Appeal of Florida | Filed: Apr 22, 1988 | Docket: 64634720

Published

Stat. (1985). The term “felony” is defined in section 775.-08(1), Florida Statutes (1985), as “any criminal

Ago

Florida Attorney General Reports | Filed: Apr 9, 1987 | Docket: 3257541

Published

not a violation of a state criminal statute. Section 775.08, F.S., in setting forth the classes and definitions

Kirk v. State

481 So. 2d 510, 11 Fla. L. Weekly 67, 1985 Fla. App. LEXIS 17396

District Court of Appeal of Florida | Filed: Dec 24, 1985 | Docket: 64616632

Published

classified, it would appear to be a misdemeanor. § 775.08(2), Fla.Stat. (1983). While misdemeanors may be

Williams v. State

460 So. 2d 478, 9 Fla. L. Weekly 2535, 1984 Fla. App. LEXIS 16425

District Court of Appeal of Florida | Filed: Dec 6, 1984 | Docket: 64608626

Published

point count. We affirm. Williams argues that section 775.08(2), Florida Statutes (1983) should be read

Giarraputo v. State

447 So. 2d 1033, 1984 Fla. App. LEXIS 12508

District Court of Appeal of Florida | Filed: Apr 4, 1984 | Docket: 64603877

Published

cannot be served in any state penitentiary. See Section 775.08(1), Florida Statutes (1983). However, the state

Miller v. State

442 So. 2d 419, 1983 Fla. App. LEXIS 25261

District Court of Appeal of Florida | Filed: Dec 21, 1983 | Docket: 64601554

Published

neither a felony nor a misdemeanor 3 under section 775.08. The district court reviewed sections 316.193(1)

Pridgen v. City of Auburndale

430 So. 2d 967, 1983 Fla. App. LEXIS 19273

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 64596833

Published

ordinance violation is not a criminal violation. See § 775.08, Fla. Stat. (1981). Moreover, the city code herein

Ago

Florida Attorney General Reports | Filed: Oct 19, 1981 | Docket: 3257214

Published

Criminal Code' and to Title XLV, `Crimes,' F.S. Section 775.08(4) provides that the term `crime' shall mean

Thompson v. Office of the Public Defender of the Ninth Judicial Circuit In & For Orange County

387 So. 2d 541, 1980 Fla. App. LEXIS 17137

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64577912

Published

felonies nor misdemeanors by the express terms of section 775.08(2), Florida Statutes (1979), and that therefore

Landrau v. State

365 So. 2d 695, 1978 Fla. LEXIS 4854

Supreme Court of Florida | Filed: Jun 30, 1978 | Docket: 64567725

Published

prescribed for conduct already prohibited. See Section 775.08, Florida Statutes (1977); Chapman v. Lake,

Ago

Florida Attorney General Reports | Filed: Jul 27, 1977 | Docket: 3258433

Published

before a magistrate. See also Rule 3.125 CrPR. Section 775.08(1), F. S., in defining misdemeanor, specifically

In the Interest of W. O. C.

318 So. 2d 148, 1975 Fla. App. LEXIS 13777

District Court of Appeal of Florida | Filed: Aug 15, 1975 | Docket: 64548981

Published

Moran, 74 Fla. 417, 77 So. 533 (1917); Fla.Stat. § 775.08 (1973). The search was valid as incident to a

State ex rel. Lipke v. Cowart

234 So. 2d 149, 1970 Fla. App. LEXIS 6481

District Court of Appeal of Florida | Filed: Mar 4, 1970 | Docket: 64514198

Published

F.S.A., is a felony under the definition of Section 775.08, F.S.1967, F.S.A., because it can be punished

Griffin v. State

217 So. 2d 893, 1969 Fla. App. LEXIS 6411

District Court of Appeal of Florida | Filed: Jan 27, 1969 | Docket: 64508030

Published

exceeding $500.00. At the time of that conviction, Section 775.08, F.S.1959, F.S. A., defined a felony as, “Any

Wright v. State

216 So. 2d 229, 1968 Fla. App. LEXIS 4681

District Court of Appeal of Florida | Filed: Nov 22, 1968 | Docket: 64507471

Published

fine not exceeding one hundred dollars.” F.S. § 775.08 F.S.A., provides: 775.08 Felonies and misdemeanors

Cox v. State

190 So. 2d 823

District Court of Appeal of Florida | Filed: Oct 11, 1966 | Docket: 64498324

Published

being in the State prison, it was a felony. See: § 775.-08 Fla.Stat., F.S.A. The sentence being within the

State v. Peacock

163 So. 2d 46, 1964 Fla. App. LEXIS 4706

District Court of Appeal of Florida | Filed: Apr 17, 1964 | Docket: 60221313

Published

the information charges a felony. See F.S. Section 775.08, F.S.A. Reversed. SHANNON, Acting C. J., and

McDaniel v. Mayo

79 So. 2d 519, 1955 Fla. LEXIS 3438

Supreme Court of Florida | Filed: Apr 13, 1955 | Docket: 64486723

Published

lesser one, viz., that of resisting arrest. F.S. § 775.08, F.S.A. defining felonies and misdemeanors provides

Taulty v. Hobby

71 So. 2d 489, 1954 Fla. LEXIS 1350

Supreme Court of Florida | Filed: Mar 26, 1954 | Docket: 64485214

Published

supra, it is pertinent to observe that under Section 775.08, F.S.1951, F.S.A., defining felonies and misdemeanors