The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
|
||||||
|
Affirmed. See § 921.0024(2), Fla. Stat. (1999) ("If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in [section 775.082, Florida Statutes], the sentence required by the code must be imposed."); State v. Gabriel, 314 So.3d 1243, 1246 (Fla. 2021) ("[U]nder section 921.0024(2), the [lowest permissible sentence] is an individual minimum sentence where there are multiple convictions subject to sentencing on a single scoresheet.").First, we remand for entry of a written order providing for judicial review of Defendant's sentence after twenty years pursuant to section 921.1402(2)(d), Florida Statutes (2019) ("A juvenile offender sentenced to a term of 20 years or more under s. 775.082(3)(c) is entitled to a review of his or her sentence after 20 years."). Although the trial court discussed judicial review during the sentencing hearing, the trial court did not enter a written order providing for such judicial review. See Walker v. State, 288 So.3d 694, 695 (Fla. 4th DCA 2019) (remanding for written order of judicial review where trial court orally pronounced at sentencing that the defendant was entitled to such review but did not enter written order to that effect).Section 320.695 is a civil statute that allows “any motor vehicle dealer in the name of the department and state and for the use and benefit of the motor vehicle dealer” to apply for an injunction against a motor vehicle dealer for violating the Florida Dealer Act. See Fla. Stat. § 320.695. Nowhere in the statute are criminal penalties imposed. See id. BMW NA points to § 320.70 of the Florida Dealer Act, which states that a manufacturer found to have violated Section 320.64 “shall be guilty of a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083.” See Fla. Stat. § 320.70. However, the possible criminal implications of § 320.70 are separate and distinct from the civil remedy of injunctive relief afforded in § 320.695, which is the only state statute that is now involved in this case. Thus, there is no basis for BMW NA's argument regarding novel or complex issues of state law better suited for state court.Blake Lee March appeals his conviction and sentence. We briefly write to address his argument that because "burglary with an assault or battery" is not an enumerated crime in the prison release reoffender statute, section 775.082(9)(a)1., Florida Statutes (2021), he could not be sentenced under the PRR statute. We disagree.§ 775.082(9), Fla. Stat.Because Appellant committed the offense while a minor, pursuant to section 775.082(1)(b), Florida Statutes, the trial court held a hearing to determine whether life imprisonment was an appropriate sentence. The defense presented testimony from four mitigation witnesses and requested a prison term of less than forty years. The State recommended life in prison, with a review after twenty-five years. The trial court found Appellant was not a good candidate for rehabilitation and sentenced him to life in prison with review after twenty-five years. The court also issued written findings in support of its decision. This Court affirmed the judgment and sentence. Chavers v. State, 284 So.3d 984 (Fla. 1st DCA 2019).The plain text of section 775.082( 3)(a)6. has only one sentencing option for a defendant convicted of human trafficking of a minor for commercial sexual activity under section 787.06(3)(g), an "imprisonment for a term of life." The subsection does not suggest a sentencing range is available to the court to vary the sentence. The Legislature could have authorized punishment "by imprisonment for a term of years not exceeding life imprisonment", as stated in other subsections of section 775.082( 3). See, e.g., § 775.082( 3)4.a., Fla. Stat. (2018) (providing for either "(I) A term of imprisonment for life; or (II) A split sentence that is at term of at least 25 years . . . and not exceeding life imprisonment, . . ."); § 775.082( 3)(b), Fla. Stat. (2018) (stating "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"); § 775.082( 3)(d), Fla. Stat. (2018) (stating "For a felony of the second degree, by a term of imprisonment not exceeding 15 years"); § 775.082( 3)(e), Fla. Stat. (2018… In response to Graham and Miller, “the Florida Legislature unanimously enacted legislation in 2014 designed to bring Florida's juvenile sentencing statutes into compliance with the United States Supreme Court's recent Eighth Amendment juvenile sentencing jurisprudence.” Horsley v. State, 160 So.3d 393, 394 (Fla. 2015). This juvenile sentencing legislation is found in chapter 2014-2020, Laws of Florida, and has been codified in sections 921.1401 and 921.1402, Florida Statutes. Id. at 401. While the new legislation provides that juvenile offenders convicted of a capital, life, or first-degree felony homicide offense under section 775.082, Florida Statutes, may be sentenced to life imprisonment or a term of years equal to life imprisonment, the sentencing court must “consider factors relevant to the offense and the defendant's youth and attendant circumstances” before rendering the sentence. See § 921.1401(2), Fla. Stat. In addition to requiring that trial courts consider factors relevant to the defendant's youth, the new juvenile sentencing legislation provides that most juvenile offenders sentenced under section 775.082, Florida Statutes, to life in prison, the… AFFIRMED. See Florida Statutes Section 775.082(10) .The State notes that it is also legal for a sentence to exceed the statutory maximum sentence under section 775.082 when the total points in the Criminal Punishment Code sentencing scoresheet result in the lowest permissible sentence that exceeds the statutory maximum. § 921.0024(2), Fla. Stat. (2015). However, the lowest permissible sentence cannot be ascertained on the summary record in this appeal, as the scoresheet is not appended to any of the pleadings or orders.. . . . §§ 893.13(1)(a)(1), 775.082(3)(d), 893.03(2)(a)(4). . . .
. . . Timothy Riordan appeals his prison sentence, challenging the constitutionality of section 775.082(10) . . . Riordan argues that, even if section 775.082(10) was constitutional, the trial court failed to make sufficient . . . filed his appeal, the Florida Supreme Court ruled, consistent with Riordan's primary argument, that 775.082 . . . A trial court's finding of dangerousness pursuant to section 775.082(10) must be in writing and must . . . State, 219 So. 3d 167, 170 (Fla. 1st DCA 2017), an upward departure sentence imposed under 775.082(10 . . .
. . . sentence with judicial review after twenty-five years pursuant to the juvenile sentencing laws, sections 775.082 . . .
. . . He argued, in part, that section 775.082(10), Florida Statutes (2015), established a presumptive nonstate . . . Section 775.082(10), Florida Statutes (2015), provides: If a defendant is sentenced for an offense committed . . . The court did not rule on Piccinini's sentencing motion but complied with section 775.082(10) in sentencing . . .
. . . It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . See § 775.082(1), Fla. Stat. (2002) ; England v. State, 940 So. 2d 389 (Fla. 2006) ; Williams v. . . .
. . . as a [PRR], the trial court must sentence the defendant in accordance with the provisions of section 775.082 . . . A trial court does not have discretion to depart from the sentence mandated by section 775.082(9), and . . .
. . . ordered to do so by the court, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 . . .
. . . sentencing provisions enacted in chapter 2014-220, Laws of Florida, which have been codified in sections 775.082 . . .
. . . Lewars , 259 So. 3d 793 (Fla. 2018), appellant does not qualify as a PRR under section 775.082(9)(a) . . . Section 775.082(9)(a) 1.g., Florida Statutes (2017), provides that a defendant who commits a robbery . . .
. . . imposition of a sentence with review after 25 years for attempted first-degree murder conviction under § 775.082 . . .
. . . See § 775.082(1)(b) 1, Fla. . . . determine if life imprisonment is an appropriate sentence for a juvenile convicted of a capital felony. §§ 775.082 . . .
. . . commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082 . . . such property is $ 200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 . . . $ 200 but less than $ 1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 . . . in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . See § 775.082(1), Fla. Stat. (2012) ; Williams v. State, 707 So. 2d 683 (Fla. 1998) ; Orjales v. . . .
. . . See § 775.082(10), Florida Statutes (2017). . . .
. . . lowest permissible sentence under the [CPC] exceeds the statutory maximum sentence as provided in s. 775.082 . . . Champagne's twenty-year sentence is clearly in excess of the maximum provided by section 775.082, Florida . . . range for sentencing shall be the [LPS] up to and including the statutory maximum, as defined in s. 775.082 . . . that "when section 921.0024(2) applies so that the statutory maximum sentence as provided in section 775.082 . . . [a] sentence imposed under [the CPC] which exceeds the statutory maximum penalty provided in s. 775.082 . . .
. . . Lewars, 259 So.3d 793 (Fla. 2018) (explaining that section 775.082(9)(a)(1), Fla. . . .
. . . See § 775.082(9)(a)1., Fla. . . . correctional facility operated by the Department of Corrections or a private vendor," as set forth in section 775.082 . . . three years of release from jail, rather than prison, does not satisfy the requirements of section 775.082 . . . qualified as constructive release from a correctional facility for purposes of PRR sentencing under section 775.082 . . .
. . . See § 775.082(1)(b)3., Fla. . . . remanding for the trial court to enter the written finding required by the applicable provision of section 775.082 . . .
. . . Stat. 775.082(2). . . .
. . . Fla. 2018) (holding that alternative definitions of "prison releasee reoffender" included in section 775.082 . . .
. . . Because he scored less than twenty-two sentencing points, Gaymon argues that pursuant to section 775.082 . . . However, pursuant to section 775.082(10), the trial court made written findings that Gaymon could present . . . Gaymon argues that the enhancement of his sentence under section 775.082(10) is unconstitutional because . . . There, the supreme court held that section 775.082(10) was unconstitutional as it applied to Brown because . . . case with instructions that the sentencing court resentence him under the prior version of section 775.082 . . .
. . . a public housing facility, a first-degree felony punishable by up to thirty years in prison, see §§ 775.082 . . . and to possession of cocaine, a third-degree felony punishable by up to five years in prison, see §§ 775.082 . . . See § 775.082(3)(e) ; Kelly v. State, 816 So.2d 1221, 1222 (Fla. 2d DCA 2002). . . .
. . . See § 775.082(3)(d), Fla. Stat. (providing 15-year maximum sentence for second-degree felony). . . .
. . . willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082 . . . who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 . . .
. . . committed when he was a juvenile, he is entitled to have his sentenced reviewed pursuant to sections 775.082 . . .
. . . ), (2)(a), (2)(b), or (2)(c) 4. commits a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . . § 775.082(9)(a)3.a., Fla. Stat. . . . . §§ 810.02(3)(b), 775.082(9)(a) 3.c., Fla. Stat. . . .
. . . the opportunity for early release with a review hearing to be conducted in accordance with sections 775.082 . . .
. . . Florida Legislature enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . .
. . . a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 . . . b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 . . . third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . fails to provide for judicial review under chapter 2014-220, Laws of Florida, as codified in sections 775.082 . . .
. . . As required under section 775.082(9)(a)3., Florida Statutes, the court sentenced Appellant to life in . . . This is because section 775.082 only provides for a PRR life sentence for a felony punishable by life . . . . § 775.082(9)(a)3.a., Fla. . . . statute provides that the defendant must be sentenced to a term of imprisonment of thirty years. § 775.082 . . . Accordingly, Appellant must be resentenced to a legal sentence in accordance with section 775.082(9)( . . .
. . . State, 260 So.3d 147 (Fla. 2018) (holding that section 775.082(10), Florida Statutes (2015), violates . . .
. . . Denegal did not challenge his designation as a prison releasee reoffender pursuant to section 775.082 . . .
. . . $ 20,000 in any 12-month period, commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . review after twenty-five years, pursuant to chapter 2014-220, Laws of Florida, as codified in sections 775.082 . . . express findings, and reduced those findings to writing in its resentencing order, as required by section 775.082 . . .
. . . See also §§ 775.082(9)(a)1.g. & q., Fla. . . . occupied structure" are qualifying offenses under the prison releasee reoffender provisions of section 775.082 . . . battery, the felony shall be reclassified from a second-degree felony to a first-degree felony); § 775.082 . . .
. . . victim 12 years or older were de facto life sentences and illegal under recent case law and sections 775.082 . . . entitled to resentencing under chapter 2014-220, Laws of Florida, which has been codified at sections 775.082 . . . Graham are entitled to resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082 . . . has a right to be resentenced pursuant to the provisions of chapter 2014-220, codified at sections 775.082 . . .
. . . In 1988, when Honor committed the first-degree murder in this case, section 775.082(1), Florida Statutes . . . Presently codified at sections 775.082, 921.1401, and 921.1402, Florida Statutes (2018). . . .
. . . Thus, absent a statutory change in Florida law, which authorizes capital punishment, see § 775.082(1) . . .
. . . See §§ 775.082(3)(c), 784.045(2), Fla. Stat. (2007) ; Brown v. . . . of 25 years, it could not exceed the 30-year maximum penalty for a first-degree felony under section 775.082 . . .
. . . In Brown , the Fifth District expressly declared valid section 775.082(10), Florida Statutes (2015), . . . for a third-degree felony would be "a term of imprisonment not exceeding 5 years" pursuant to section 775.082 . . . and its progeny, because the jury did not find that she presents a danger to the public under section 775.082 . . . State , 110 So.3d 962, 963 (Fla. 4th DCA 2013) ); see also id. at 1265-66 ("[S]ection 775.082(10) is . . . In order for a court to impose any sentence above a nonstate prison sanction when section 775.082(10) . . .
. . . the framework established in chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . . twenty-five (25) year sentences for first-degree felonies to include judicial review pursuant to sections 775.082 . . .
. . . person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . established in subsection (2): A person commits hazing, a third degree felony, punishable as provided in s. 775.082 . . . misdemeanor hazing: A person commits hazing, a first degree misdemeanor, punishable as provided in s. 775.082 . . .
. . . 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), requires the jury to make the factual finding under section 775.082 . . . court note and instruction: Give if the defendant was a juvenile at the time of the crime alleged. § 775.082 . . . See § 775.082(3)(a) 5, (3)(b) 2, Fla. Stat. . . . Give if the defendant was a juvenile at the time of the crime alleged. § 775.082(1)(b), Fla. Stat. . . . Give if the defendant was a juvenile at the time of the crime alleged. § 775.082(3), Fla. Stat. . . .
. . . the construction of one element of the definition of "prison releasee reoffender" provided in section 775.082 . . . from a state correctional facility operated by the Department of Corrections or a private vendor." § 775.082 . . . Section 775.082(9)(a)1. defines "prison releasee reoffender" as "any defendant who commits, or attempts . . . See § 775.082(9)(a)1. . . . Such circumstances are not attendant to section 775.082(9)(a)1. . . .
. . . because its finding that he posed a danger to the public warranting an enhanced sentence under section 775.082 . . . If the total sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine . . . After defense counsel objected under section 775.082(10)"that he scores less than 22 points and cannot . . . A trial court's findings of dangerousness pursuant to section 775.082(10) must be in writing and must . . . In considering an upward departure pursuant to section 775.082(10), courts have looked to factors such . . .
. . . See § 775.082(9), Fla. Stat. . . . His sentence was based on section 775.082(9), which requires a life sentence for a "Prison releasee reoffender . . .
. . . -i.] is murder in the first degree and constitutes a capital felony , punishable as provided in s. 775.082 . . . determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 775.082 . . .
. . . Under section 775.082(3), the court must provide a nonhomicide juvenile offender, who is convicted of . . .
. . . . §§ 775.082(3)(c); 921.1402(2)(d), Fla. Stat. (2015) ; see also Kelsey v. . . .
. . . under the juvenile sentencing provisions in chapter 2014-220, Laws of Florida, codified in sections 775.082 . . .
. . . commutation of his death sentence to a life sentence without the possibility of parole pursuant to section 775.082 . . . Section 775.082(2), Florida Statutes Next, Tisdale argues that he is entitled to automatic commutation . . . of his death sentence to a life sentence without the possibility of parole pursuant to section 775.082 . . . State , 218 So.3d 416, 425 (Fla. 2017) (denying defendant's claim that section 775.082(2) mandates commutation . . .
. . . performance of its duties commits a misdemeanor of the second degree, punishable as provided in s. 775.082 . . .
. . . See §§ 775.082 and 921.1402, Fla. Stat. (2016). . . . a review of his sentence after 20 years. §§ 775.082(3)(c), 921.1402(2)(d), Fla. . . . See §§ 775.082(1)(b) 1., 775.082(3)(a)5., 775.082(3)(b)2., Fla. Stat. (2016). . . . Further, section 775.082 does not distinguish between "homicide" and "nonhomicide" offenses. . . . Accordingly, we hold that the trial court properly sentenced Hurst under section 775.082(3)(a) 5.a. . . .
. . . felony, and a more severe penalty than the one deemed appropriate by the Legislature under section 775.082 . . . Stat. (2018) ; see § 775.082(3)(d), Fla. Stat. (2018). . . .
. . . Pursuant to section 775.082(10), Florida Statutes (2016), Appellant was entitled to a non-state prison . . . Appellant challenges the constitutionality of section 775.082(10), arguing that it is unconstitutional . . . State , 244 So.3d 1151 (Fla. 1st DCA 2018), where we held that section 775.082(10) was unconstitutional . . . Booker , we reverse Appellant's sentence and remand for resentencing under the prior version of section 775.082 . . . on Coffell's prior convictions when it decided to impose a state prison sentence pursuant to section 775.082 . . .
. . . (reclassifying a second-degree felony to a first-degree felony for use of a firearm); § 775.082(3)(b) . . .
. . . . § 775.082(3)(e). Id. § 784.041(1)(b). Id. § 784.041(2)(a). Minn. Stat. § 609.223 subd. 1. Fla. . . . See id. § 775.082(3)(d). Utah Code § 76-6-409.8(2). Id. § 76-3-203(2). Mass. Gen. . . .
. . . If sentences are imposed under section 775.084, or section 775.082(9), Florida Statutes, and the Criminal . . . Punishment Code must be filed in addition to any sentencing documents filed under section 775.084 or section 775.082 . . . be the lowest permissible sentence up to and including the statutory maximum, as defined in section 775.082 . . . lowest permissible sentence under the Code exceeds the statutory maximum sentence as provided in section 775.082 . . . ordered that the defendant shall serve no less than 25 years in accordance with the provisions of section 775.082 . . .
. . . 452, 453 (Fla. 2015), and he was resentenced to two life terms and two forty-year terms under section 775.082 . . . Therefore, we remand for the trial court to resentence Washington under section 775.082(1)(b)(2). . . .
. . . Pursuant to section 775.082(10), Florida Statutes (2015), the trial court was required to sentence Jackson . . . Jackson now raises a constitutional challenge to section 775.082(10), arguing that a jury, not a judge . . . There, we held that section 775.082(10) was unconstitutional as it applied to Booker because it authorized . . . Booker , we reverse Jackson's sentence and remand for resentencing under the prior version of section 775.082 . . .
. . . (1)(b), 775.082(3)(a) 5., 775.082(3)(b)2., 775.082(3)(c)., Fla. . . . available for a capital felony were death or life. § 775.082, Fla. . . . Section 775.082(2) dealt with the death penalty. Id. . . . "by a term of imprisonment not exceeding 15 years." § 775.082(3)(d), Fla. . . . (1)(b), 775.082(3)(a) 5., 775.082(3)(b)2., 775.082(3)(c)., Fla. . . . Accordingly, I would conclude, based upon this Court's opinion in Henry , that sections 775.082(1)(b) . . . required the trial court to consider and modify Purdy's aggregate sentence at the resentencing hearing. §§ 775.082 . . . See §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2015) ; plurality op. at 725. . . . Contrary to the plurality's assertions, a constitutional interpretation of sections 775.082(1)(b) and . . . Accordingly, I would conclude, as this Court has done previously, that section 775.082(1)(b) afforded . . .
. . . with the opportunity for early release with a review hearing to be held in accordance with sections 775.082 . . .
. . . proceed with its previously-filed notices to classify Baugh as both a PRR and an HFO under sections 775.082 . . .
. . . argued that the State untimely filed its notice that it was seeking to sentence Appellant under section 775.082 . . .
. . . and habitual offender sentencing enhancements in section 775.084, Florida Statutes (2007), section 775.082 . . .
. . . or invited to enter; ... (3) Burglary is a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and its progeny, as well as sections 775.082 . . . on appeal, that such a sentence is contrary to the principles of Graham , its progeny, and sections 775.082 . . .
. . . sentence for offenses he committed while a juvenile and remanding for resentencing pursuant to sections 775.082 . . .
. . . 775.087(1)(a) and 782.04(2), Florida Statutes (2015), Wall should have been sentenced under section 775.082 . . . We, therefore, remand for resentencing on Count One pursuant to section 775.082(3)(b)2.b. . . . sentence review on this count after fifteen years under section 921.1402(2)(c), Florida Statutes (2015). § 775.082 . . .
. . . . §§ 322.03(1), 322.34(2), 322.39(2), 775.082(4)(b), 775.083(1)(e). . . . Id. §§ 316.183(7), 775.082(5), 775.083(1)(e). . . .
. . . DCA 2017), we held that the trial court did not err in making the written finding required by section 775.082 . . . answered this question and held that " Alleyne requires the jury to make the factual finding under section 775.082 . . . cannot be deemed harmless, the proper remedy is to resentence the juvenile offender pursuant to section 775.082 . . . for the murder conviction and remand for Leppert to be resentenced on that charge pursuant to section 775.082 . . .
. . . punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082 . . .
. . . See § 775.082(1)(b)1., Fla. Stat. (2017). . . . in 2022, we conclude the defendant is correct and that he is entitled to resentencing under sections 775.082 . . . See § 775.082(1)(b) 1., Fla. Stat. (2017). . . . Florida's objective parole guidelines, an individual who was convicted of a capital offense under section 775.082 . . . provided only for the death penalty or life with the possibility of parole after twenty-five years. § 775.082 . . .
. . . which the maximum penalty which may be imposed does not exceed 60 days' imprisonment as set forth in s. 775.082 . . .
. . . after 15 years, if the juvenile offender is sentenced to a term of more than 15 years under sections 775.082 . . . (1)(b)2., 775.082(3)(a)5.b., or 775.082(3)(b)2.b., Florida Statutes." . . . Section 775.082(3)(b)(2)(b) applies to defendants convicted of violations of section 782.04 which are . . .
. . . another person to view the threat, commits a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . violators be 'punished to the fullest extent of the law,' is the same clear intent expressed in section 775.082 . . .
. . . See § 775.082(9)(b), Fla. Stat. (2003). . . .
. . . . § 775.082(3)(a). . . . . § 775.082(3)(b)(1). . . . . § 775.082(3)(d). . . . . § 775.082(3)(e). . . . See § 775.082(2). . . .
. . . See, e.g. , §§ 775.082, 921.141(1), Fla. Stat. (2017). Second, we turn to Rule 3.181. . . .
. . . felony of the first degree, punishable for a term of years not exceeding life or as provided in s. 775.082 . . . 2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082 . . . (4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082 . . . 775.084. (6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082 . . . 7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082 . . .
. . . Florida Legislature adopted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . .
. . . In 2014, the Florida Legislature enacted chapter 2014-220, Laws of Florida, codified in sections 775.082 . . .
. . . defendant's sentence to allow for a review hearing without also holding a resentencing hearing under sections 775.082 . . .
. . . other deadly weapon, then the robbery is a felony of the first degree, punishable ... as provided in s. 775.082 . . .
. . . Stat. (2015) (defining child neglect); § 775.082(3)(d) (establishing permissible sentence). . . .
. . . of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . ." § 775.082(4)(a), Fla. Stat. (2014). . . .
. . . an enumerated offense under the PRR statute, the offense can only qualify if it falls under section 775.082 . . . the nonforce option of mere touching, that offense cannot support the PRR enhancement under section 775.082 . . . Section 775.082(8)(a)1.o. was renumbered in 1998 to 775.082(9)(a)1.o. . . .