775.082

Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.—

(1)(a) Except as provided in paragraph (b), a person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in a determination that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.

(b)1. A person who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age shall be punished by a term of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. If the court finds that life imprisonment is not an appropriate sentence, such person shall be punished by a term of imprisonment of at least 40 years. A person sentenced pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(a).

2. A person who did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c).

3. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(a) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim.

(2) In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided in subsection (1). No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.

(3) A person who has been convicted of any other designated felony may be punished as follows:

(a)1. For a life felony committed before October 1, 1983, by a term of imprisonment for life or for a term of at least 30 years.

2. For a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years.

3. Except as provided in subparagraph 4., for a life felony committed on or after July 1, 1995, by a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment.

4.a. Except as provided in sub-subparagraph b., for a life felony committed on or after September 1, 2005, which is a violation of s. 800.04(5)(b), by:

(I) A term of imprisonment for life; or

(II) A split sentence that is a term of at least 25 years’ imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person’s natural life, as provided in s. 948.012(4).

b. For a life felony committed on or after July 1, 2008, which is a person’s second or subsequent violation of s. 800.04(5)(b), by a term of imprisonment for life.

5. Notwithstanding subparagraphs 1.-4., a person who is convicted under s. 782.04 of an offense that was reclassified as a life felony which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence.

a. A person who actually killed, intended to kill, or attempted to kill the victim and is sentenced to a term of imprisonment of more than 25 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(b).

b. A person who did not actually kill, intend to kill, or attempt to kill the victim and is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c).

c. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim.

6. For a life felony committed on or after October 1, 2014, which is a violation of s. 787.06(3)(g), by a term of imprisonment for life.

(b)1. 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.

2. Notwithstanding subparagraph 1., a person convicted under s. 782.04 of a first degree felony punishable by a term of years not exceeding life imprisonment, or an offense that was reclassified as a first degree felony punishable by a term of years not exceeding life, which was committed before the person attained 18 years of age may be punished by a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that a term of years equal to life imprisonment is an appropriate sentence.

(c) Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not included in s. 782.04 but that is an offense that is a life felony or is punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, or an offense that was reclassified as a life felony or an offense punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 20 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(d).

(d) For a felony of the second degree, by a term of imprisonment not exceeding 15 years.

(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

(5) Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county.

(6) Nothing in this section shall be construed to alter the operation of any statute of this state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an indeterminate period within minimum and maximum limits as provided by law, except as provided in subsection (1).

(7) This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.

(8)(a) The sentencing guidelines that were effective October 1, 1983, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1983, and before January 1, 1994, and to all felonies, except capital felonies and life felonies, committed before October 1, 1983, when the defendant affirmatively selects to be sentenced pursuant to such provisions.

(b) The 1994 sentencing guidelines, that were effective January 1, 1994, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after January 1, 1994, and before October 1, 1995.

(c) The 1995 sentencing guidelines that were effective October 1, 1995, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1995, and before October 1, 1998.

(d) The Criminal Punishment Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. Any revision to the Criminal Punishment Code applies to sentencing for all felonies, except capital felonies, committed on or after the effective date of the revision.

(e) Felonies, except capital felonies, with continuing dates of enterprise shall be sentenced under the sentencing guidelines or the Criminal Punishment Code in effect on the beginning date of the criminal activity.

(9)(a)1. “Prison releasee reoffender” means any defendant who commits, or attempts to commit:

a. Treason;

b. Murder;

c. Manslaughter;

d. Sexual battery;

e. Carjacking;

f. Home-invasion robbery;

g. Robbery;

h. Arson;

i. Kidnapping;

j. Aggravated assault with a deadly weapon;

k. Aggravated battery;

l. Aggravated stalking;

m. Aircraft piracy;

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

o. Any felony that involves the use or threat of physical force or violence against an individual;

p. Armed burglary;

q. Burglary of a dwelling or burglary of an occupied structure; or

r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5);

within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor, a county detention facility following incarceration for an offense for which the sentence pronounced was a prison sentence, or a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.

2. “Prison releasee reoffender” also means any defendant who commits or attempts to commit any offense listed in sub-subparagraphs (a)1.a.-r. while the defendant was serving a prison sentence or on escape status from a state correctional facility operated by the Department of Corrections or a private vendor or while the defendant was on escape status from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.

3. If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows:

a. For a felony punishable by life, by a term of imprisonment for life;

b. For a felony of the first degree, by a term of imprisonment of 30 years;

c. For a felony of the second degree, by a term of imprisonment of 15 years; and

d. For a felony of the third degree, by a term of imprisonment of 5 years.

(b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.

(c) Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.

(d)1. It is the intent of the Legislature that offenders previously released from prison or a county detention facility following incarceration for an offense for which the sentence pronounced was a prison sentence who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection, unless the state attorney determines that extenuating circumstances exist which preclude the just prosecution of the offender, including whether the victim recommends that the offender not be sentenced as provided in this subsection.

2. For every case in which the offender meets the criteria in paragraph (a) and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney.

(10) If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section.

(11) The purpose of this section is to provide uniform punishment for those crimes made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

History.—s. 3, ch. 71-136; ss. 1, 2, ch. 72-118; s. 2, ch. 72-724; s. 5, ch. 74-383; s. 1, ch. 77-174; s. 1, ch. 83-87; s. 1, ch. 94-228; s. 16, ch. 95-184; s. 4, ch. 95-294; s. 2, ch. 97-239; s. 2, ch. 98-3; s. 10, ch. 98-204; s. 2, ch. 99-188; s. 3, ch. 2000-246; s. 1, ch. 2001-239; s. 2, ch. 2002-70; ss. 1, 2, ch. 2002-211; s. 4, ch. 2005-28; s. 13, ch. 2008-172; s. 1, ch. 2008-182; s. 1, ch. 2009-63; s. 2, ch. 2011-200; s. 8, ch. 2014-160; s. 1, ch. 2014-220; s. 1, ch. 2016-13; s. 19, ch. 2016-24; s. 3, ch. 2017-1; s. 21, ch. 2017-37; s. 11, ch. 2017-107; s. 30, ch. 2019-167.

Notes of Decisions

Cited in 2,643 cases (204 in the last 5 years), 1972–2026 · leading case: Timothy Lee Hurst v. State of Florida

Sort: Relevance Newest Treatment

Timothy Lee Hurst v. State of Florida (2016) fla · cites it 76× “(quoting § 775.082(1), Fla. Stat. (2012)). The Supreme Court analyzed Florida’s scheme as one in which a jury renders only an - 17 - advisory verdict without specifying the factual basis of its recommendation, while the judge evaluates the evidence of aggravation and mitigation…”

Rodrick D. Williams v. State of Florida (2018) fla · cites it 38× “It amended section 775.082(1), Florida Statutes, to provide, in pertinent part: (b)1.”

Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Juli (2016) fla · cites it 18× “§ 775.082(1). “A person who has been convicted of a capital felony shall be punished by death” only if an additional sentencing proceeding “results in findings by the court that such person shall be punished by death.”

John F. Mosley v. State of Florida & SC14-2108 John F. Mosley v. Julie L. Jones, etc. (2016) fla · cites it 15× “that Florida’s capital sentencing scheme violated th[e] guarantee of the right to a jury trial on all elements of the crime of capital murder, the Supreme Court evaluated Florida’s existing capital sentencing scheme by first noting that, pursuant to section 775.082(1), Florida…”

Kenneth R. Jackson v. State of Florida (2017) fla · cites it 30× “Further, I would not reanalyze the scope of or proper remedy for Hurst errors, which the majority discusses on pages 67-73, because we already addressed these issues, including the inapplicability of section 775.082, Florida Statutes, in Hurst, 202 So.”

Mendenhall v. State (2010) fla · cites it 76× “See § 775.082, Fla. Stat. (2000). In other words, the PRR statute covers sentencing for all crimes, including those involving the use of a firearm.”

State of Florida v. Dazarian Cordell Lewars (2018) fla · cites it 24× “082 confirms the plain meaning of the specific provision at issue, showing that release from a particular type of facility, namely a prison or its equivalent-and not a county jail-is a necessary component of the PRR definition. The PRR statute's focus on the facility where a…”

Reed v. State (2016) fladistctapp · cites it 34× “See- § 775.082(10) Fla. Stat. (2011). After careful review and the benefit of oral argument, we hold that the circuit court’s findings were inadequate to sentence Reed to a state prison sanction.”

Jones v. State (2011) fladistctapp · cites it 36× “" § 775.082(10), Fla. Stat. The statute does define "nonstate prison sanction," but the phrase is commonly understood to mean probation, community control, or imprisonment in the county jail for up to one year.”

State v. Cotton (2000) fla · cites it 19× “§ 775.082, Fla. Stat. (1997)(emphasis supplied).”

Bottoson v. Moore (2002) fla · cites it 13× “§ 775.082, Fla. Stat. (2001). [31] See § 921.”

State of Florida v. Anthony Duwayne Horsley, Jr. (2015) fla · cites it 13× “§ 775.082(1), Fla. Stat. (2006) (emphasis added).”

Show all 2,643 citing cases →

— 775.082(1) — 271 cases

Timothy Lee Hurst v. State of Florida (2016) fla “(quoting § 775.082(1), Fla. Stat. (2012)). The Supreme Court analyzed Florida’s scheme as one in which a jury renders only an - 17 - advisory verdict without specifying the factual basis of its recommendation, while the judge evaluates the evidence of aggravation and mitigation…”

State of Florida v. Anthony Duwayne Horsley, Jr. (2015) fla “§ 775.082(1), Fla. Stat. (2006) (emphasis added).”

Bottoson v. Moore (2002) fla “§ 775.082, Fla. Stat. (2001). [31] See § 921.”

Orme v. State (2009) fla

Rebecca Lee Falcon v. State of Florida (2015) fla

— 775.082(1)(a) — 18 cases

Larry Darnell Perry v. State of Florida (2016) fla

Carpenter v. State (2001) fla

Aramis Donell Ayala, etc. v. Rick Scott, Governor (2017) fla

Craig v. State (1996) fla

Mesac Damas v. State of Florida (2018) fla

— 775.082(1)(b) — 39 cases

Rodrick D. Williams v. State of Florida (2018) fla “It amended section 775.082(1), Florida Statutes, to provide, in pertinent part: (b)1.”

State of Florida v. Budry Michel (2018) fla

State of Florida v. Kenneth Purdy (2018) fla

Beckman v. State (2017) fladistctapp

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-08. (2018) fla

— 775.082(1)(b)(1) — 7 cases

LABRONX BAILEY v. STATE OF FLORIDA (2019) fladistctapp

Stripling v. State (2016) fladistctapp

DAVID PUZIO v. STATE OF FLORIDA (2019) fladistctapp

Miller v. State (2016) fladistctapp

— 775.082(1)(b)(2) — 4 cases

DAVID PUZIO v. STATE OF FLORIDA (2019) fladistctapp

RODERICK WASHINGTON v. STATE OF FLORIDA (2018) fladistctapp

GUSTAVO ENAMORADO DUBON v. STATE OF FLORIDA (2020) fladistctapp

DAVID PUZIO v. STATE OF FLORIDA (2021) fladistctapp

— 775.082(1)(b)(3) — 2 cases

LABRONX BAILEY v. STATE OF FLORIDA (2019) fladistctapp

— 775.082(1)(d) — 2 cases

Alvin Davis v. State of Florida (2019) fladistctapp

Alvin Davis v. State of Florida (2021) fla

— 775.082(10) — 89 cases

Reed v. State (2016) fladistctapp “See- § 775.082(10) Fla. Stat. (2011). After careful review and the benefit of oral argument, we hold that the circuit court’s findings were inadequate to sentence Reed to a state prison sanction.”

Jones v. State (2011) fladistctapp “" § 775.082(10), Fla. Stat. The statute does define "nonstate prison sanction," but the phrase is commonly understood to mean probation, community control, or imprisonment in the county jail for up to one year.”

Reginald Lee Booker, I I I v. State of Florida (2018) fladistctapp

Woods v. State (2017) fladistctapp

Reginald L. Bryant v. State of Florida (2014) fla

— 775.082(2) — 53 cases

Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Juli (2016) fla “§ 775.082(1). “A person who has been convicted of a capital felony shall be punished by death” only if an additional sentencing proceeding “results in findings by the court that such person shall be punished by death.”

John F. Mosley v. State of Florida & SC14-2108 John F. Mosley v. Julie L. Jones, etc. (2016) fla “that Florida’s capital sentencing scheme violated th[e] guarantee of the right to a jury trial on all elements of the crime of capital murder, the Supreme Court evaluated Florida’s existing capital sentencing scheme by first noting that, pursuant to section 775.082(1), Florida…”

Kenneth R. Jackson v. State of Florida (2017) fla “Further, I would not reanalyze the scope of or proper remedy for Hurst errors, which the majority discusses on pages 67-73, because we already addressed these issues, including the inapplicability of section 775.082, Florida Statutes, in Hurst, 202 So.”

& SC15-1233 Richard Knight v. State of Florida & Richard Knight v. Julie L. Jones, etc. (2017) fla

— 775.082(2)(a) — 2 cases

Huffman v. State (1992) fladistctapp

Juarez v. State (2011) fladistctapp

— 775.082(2)(b) — 1 case

Hale v. State (1973) fladistctapp

— 775.082(2)(c) — 3 cases

Mendenhall v. State (2010) fla “See § 775.082, Fla. Stat. (2000). In other words, the PRR statute covers sentencing for all crimes, including those involving the use of a firearm.”

Yegge v. State (2015) fladistctapp

Degregorio v. State (2000) fladistctapp

— 775.082(2)(d) — 2 cases

Williams v. State (2013) fladistctapp

Hernandez v. State (1981) fladistctapp

— 775.082(3) — 33 cases

Peters v. State (2013) fladistctapp

Darriue Montgomery v. State (2017) fladistctapp

Knight v. State (2002) fla

Kemar Rochester v. State of Florida (2014) fla

Thomas v. State (2014) fladistctapp

— 775.082(3)(a) — 142 cases

Kemar Rochester v. State of Florida (2014) fla

State v. McBride (2003) fla

Laisha L. Landrum v. State of Florida (2016) fla

Thomas v. State (2014) fladistctapp

Rochester v. State (2012) fladistctapp

— 775.082(3)(a)(1) — 2 cases

Gore v. State (2007) fla

Ruth v. State (2007) fladistctapp

— 775.082(3)(a)(2) — 2 cases

Robinson v. State (2010) fladistctapp

RICHARD WILLIAMS v. STATE OF FLORIDA (2019) fladistctapp

— 775.082(3)(a)(3) — 14 cases

Adaway v. State (2005) fla

Mendenhall v. State (2010) fla “See § 775.082, Fla. Stat. (2000). In other words, the PRR statute covers sentencing for all crimes, including those involving the use of a firearm.”

Parks v. State (2017) fladistctapp

Robinson v. State (2010) fladistctapp

Starks v. State (2013) fladistctapp

— 775.082(3)(a)(3)(b) — 1 case

Darling v. State (2004) fladistctapp

— 775.082(3)(a)(4) — 3 cases

People v. Benton (2011) michctapp

Stephen C. Hanf v. State of Florida (2015) fladistctapp

JOHN E. WATKINS v. STATE OF FLORIDA (2019) fladistctapp

— 775.082(3)(a)(4)(a) — 4 cases

Montgomery v. State (2010) fladistctapp

Kemar Rochester v. State of Florida (2014) fla

Rochester v. State (2012) fladistctapp

DANNIE RAY HORNER v. STATE OF FLORIDA (2019) fladistctapp

— 775.082(3)(a)(4)(b) — 1 case

Hector Negron-Espada v. State of Florida (2025) fladistctapp

— 775.082(3)(a)(5) — 1 case

Brown v. State (2017) fladistctapp

— 775.082(3)(a)(5)(c) — 2 cases

Brown v. State (2017) fladistctapp

CHRISTIN BILOTTI v. STATE OF FLORIDA (2018) fladistctapp

— 775.082(3)(b) — 172 cases

Mendenhall v. State (2010) fla “See § 775.082, Fla. Stat. (2000). In other words, the PRR statute covers sentencing for all crimes, including those involving the use of a firearm.”

Betancourt v. State (2001) fla

State v. Barnum (2006) fla

Blacker v. State (2010) fladistctapp

Wooden v. State (2010) fladistctapp

— 775.082(3)(b)(1) — 6 cases

STATE OF FLORIDA v. CHESTER RALPH KWITOWSKI, JR. (2018) fladistctapp

RICHARD WILLIAMS v. STATE OF FLORIDA (2019) fladistctapp

OMAR RUSHAWN BUGGS v. STATE OF FLORIDA (2019) fladistctapp

Buggs v. State (2019) fladistctapp

— 775.082(3)(b)(1985) — 1 case

Scott v. State (2000) fladistctapp

— 775.082(3)(b)(2)(b) — 2 cases

DAVID ELKIN v. STATE OF FLORIDA (2018) fladistctapp

— 775.082(3)(b)(l) — 1 case

Knight v. State (2017) fladistctapp

— 775.082(3)(c) — 276 cases

Darriue Montgomery v. State (2017) fladistctapp

Kelsey v. State (2015) fladistctapp

Chambers v. State (2007) fladistctapp

McCloud v. State (2001) fladistctapp

Collins v. State (2016) fladistctapp

— 775.082(3)(d) — 326 cases

Adam Lloyd Shepard v. State of Florida (2018) fla

Kiss v. State (2010) fladistctapp

State of Florida v. Brian Mitchell Lee (2017) fladistctapp

Hughes v. State (2005) fla

Schmitt v. State (1991) fla

— 775.082(3)(e) — 41 cases

Christopher Busbee v. State of Florida (2016) fladistctapp

State of Florida v. Brian Mitchell Lee (2017) fladistctapp

Laverne Brown v. State of Florida (2018) fla

Tate v. State (2016) fladistctapp

Smart v. City of Miami (2015) flsd

— 775.082(3Xe) — 1 case

Lunford v. State (1981) fladistctapp

— 775.082(4) — 9 cases

Treiman v. State Ex Rel. Miner (1977) fla

Ross v. Baker (1994) fladistctapp

Sanders v. State (1998) fladistctapp

P.I.W. v. State (2002) fladistctapp

Miller v. State (1983) fladistctapp

— 775.082(4)(a) — 107 cases

Phantom of Clearwater v. Pinellas County (2005) fladistctapp

McArthur v. State (1977) fla

Nusspickel v. State (2007) fladistctapp

Eller v. Shova (1993) fla

Berezovsky v. State (1976) fladistctapp

— 775.082(4)(b) — 61 cases

Alvarez v. State (1978) fla

Valdes v. State (1987) fladistctapp

Purvis v. Lindsey Ex Rel. State (1991) fladistctapp

State v. Brown (2010) fladistctapp

Shieder v. State (1983) fladistctapp

— 775.082(4)(c) — 2 cases

Baggett v. State (1974) fladistctapp

Waters v. State (1974) fladistctapp

— 775.082(4)(d) — 5 cases

Fasenmyer v. State (1984) fla

Williams v. State (1976) fladistctapp

Massey v. State (1976) fladistctapp

Jose Luis Ventura v. the State of Florida (2025) fladistctapp

Dexter v. State (1978) fladistctapp

— 775.082(5) — 2 cases

Thomas v. State (1993) fla

Thomas v. State (1991) fladistctapp

— 775.082(7) — 1 case

Manno v. State (1985) flacirct

— 775.082(8) — 147 cases

McKnight v. State (1999) fladistctapp

State v. Huggins (2001) fla

State v. Cotton (2000) fla “§ 775.082, Fla. Stat. (1997)(emphasis supplied).”

Grant v. State (1999) fladistctapp

State v. Wise (1999) fladistctapp

— 775.082(8)(1)(q) — 1 case

State v. Huggins (2001) fla

— 775.082(8)(B) — 1 case

Kenon v. State of Florida (2024) fladistctapp

— 775.082(8)(a) — 68 cases

Knight v. State (2002) fla

Grant v. State (2000) fla

State v. Cotton (1998) fladistctapp

Plain v. State (1998) fladistctapp

Gordon v. State (1999) fladistctapp

— 775.082(8)(a)(1) — 9 cases

Brinson v. State (2003) fladistctapp

Clark v. State (2001) fla

Scott v. State (1998) fladistctapp

Lopez v. State (2003) fladistctapp

Webster v. State (2003) fladistctapp

— 775.082(8)(a)(1)(o) — 2 cases

Lopez v. State (2003) fladistctapp

Larry Anthony Crosley v. State of Florida (2018) fladistctapp

— 775.082(8)(a)(1)(q) — 6 cases

State v. Huggins (2001) fla

State v. Huggins (1999) fladistctapp

Reynolds v. State (2002) fla

Rodriguez v. State (2000) fladistctapp

Foresta v. State (2000) fladistctapp

— 775.082(8)(a)(2) — 5 cases

Michelson v. State (2001) fladistctapp

McDonald v. State (2007) fla

State v. Wilson (2001) fladistctapp

Irons v. State (2001) fladistctapp

DARNELL KENO v. STATE OF FLORIDA (2018) fladistctapp

— 775.082(8)(a)(2)(a) — 3 cases

Knight v. State (2002) fla

Brown v. State (1999) fladistctapp

Knight v. State (2000) fladistctapp

— 775.082(8)(a)(2)(b) — 2 cases

Knight v. State (2002) fla

Brown v. State (1999) fladistctapp

— 775.082(8)(a)(l) — 1 case

Ellis v. State (2014) fladistctapp

— 775.082(8)(a)(l)(o) — 1 case

Ellis v. State (2014) fladistctapp

— 775.082(8)(a)(l)(p) — 1 case

Young v. State (2011) fladistctapp

— 775.082(8)(b) — 8 cases

McKnight v. State (1999) fladistctapp

Cameron v. State (2001) fladistctapp

Gordon v. State (1999) fladistctapp

Adams v. State (1999) fladistctapp

Stewart v. State (2000) fladistctapp

— 775.082(8)(c) — 30 cases

Grant v. State (2000) fla

Clines v. State (2005) fla

Reeves v. State (2007) fla

State v. Cotton (2000) fla “§ 775.082, Fla. Stat. (1997)(emphasis supplied).”

State v. Wilson (2001) fladistctapp

— 775.082(8)(d) — 22 cases

State v. Cotton (2000) fla “§ 775.082, Fla. Stat. (1997)(emphasis supplied).”

McKnight v. State (1999) fladistctapp

Turner v. State (1999) fladistctapp

State v. Cotton (1998) fladistctapp

Grant v. State (2000) fla

— 775.082(8)(d)(1) — 2 cases

McDonald v. State (2007) fla

State v. Wilson (2001) fladistctapp

— 775.082(8)(d)(1)(d) — 1 case

Schaeffer v. State (2000) fladistctapp

— 775.082(8)(e) — 3 cases

Chamblee v. State (2012) fladistctapp

Desmoke v. State (2005) fladistctapp

Bohler v. State (2001) fladistctapp

— 775.082(9) — 128 cases

Reeves v. State (2007) fla

McDonald v. State (2007) fla

Taylor v. State (2002) fladistctapp

Demeko Ladjuan Sims v. State of Florida (2018) fladistctapp

Williams v. State (2014) fladistctapp

— 775.082(9)(a) — 198 cases

State of Florida v. Dazarian Cordell Lewars (2018) fla “082 confirms the plain meaning of the specific provision at issue, showing that release from a particular type of facility, namely a prison or its equivalent-and not a county jail-is a necessary component of the PRR definition. The PRR statute's focus on the facility where a…”

State of Florida v. Ray Mon Wright (2015) fladistctapp

State v. Hackley (2012) fla

Nettles v. State (2003) fla

Paul v. State (2013) fla

— 775.082(9)(a)(1) — 35 cases

State v. Hearns (2007) fla

Downs v. Crosby (2004) fladistctapp

State of Florida v. Ray Mon Wright (2015) fladistctapp

State v. Miranda (2001) fladistctapp

Walker v. State (2007) fladistctapp

— 775.082(9)(a)(1)(g) — 3 cases

Walker v. State (2007) fladistctapp

Cohen v. State (2006) fladistctapp

PATRICK RIVERS v. STATE OF FLORIDA (2019) fladistctapp

— 775.082(9)(a)(1)(i) — 1 case

PABLO DIAZ v. State (2021) fladistctapp

— 775.082(9)(a)(1)(k) — 1 case

PABLO DIAZ v. State (2021) fladistctapp

— 775.082(9)(a)(1)(o) — 3 cases

Walker v. State (2007) fladistctapp

Lamb v. State (2009) fladistctapp

Brooks v. State (2012) fladistctapp

— 775.082(9)(a)(1)(q) — 12 cases

State v. Eldredge (2001) fladistctapp

West v. State (2002) fladistctapp

Beasley v. State (2007) fladistctapp

Zook v. State (2004) fladistctapp

— 775.082(9)(a)(2) — 6 cases

McDonald v. State (2007) fla

Clark v. State (2000) fladistctapp

Graff v. State (2001) fladistctapp

Henry v. State (2003) fladistctapp

Taylor v. State (2017) fladistctapp

— 775.082(9)(a)(3) — 15 cases

Reeves v. State (2007) fla

Major v. State (2002) fla

Campbell v. State (2010) fladistctapp

Oberst v. State (2001) fladistctapp

Jones v. State (2003) fladistctapp

— 775.082(9)(a)(3)(a) — 3 cases

Adaway v. State (2005) fla

Burks v. State (2017) fladistctapp

Dolansky v. State (2007) fladistctapp

— 775.082(9)(a)(3)(c) — 7 cases

McCoy v. State (2001) fladistctapp

State v. Baker (2004) fladistctapp

State v. Dehart (2005) fladistctapp

Baskin v. State (2016) fladistctapp

LAWRENCE E. BRILES v. STATE OF FLORIDA (2018) fladistctapp

— 775.082(9)(a)(3)(d) — 7 cases

Reeves v. State (2007) fla

Jenkins v. State (2004) fladistctapp

RONNIE TRAY ATMORE v. STATE OF FLORIDA (2018) fladistctapp

Rodriguez v. State (2004) fladistctapp

Williamson v. State (2008) fladistctapp

— 775.082(9)(a)(l) — 20 cases

State of Florida v. Ray Mon Wright (2015) fladistctapp

Taylor v. State (2013) fladistctapp

Pleas v. State (2010) fladistctapp

Lamb v. State (2009) fladistctapp

Kirkland v. State (2011) fladistctapp

— 775.082(9)(a)(l)(c) — 1 case

Hicks v. State (2010) fladistctapp

— 775.082(9)(a)(l)(g) — 1 case

Pleas v. State (2010) fladistctapp

— 775.082(9)(a)(l)(j) — 1 case

Wheeler v. State (2005) fladistctapp

— 775.082(9)(a)(l)(o) — 6 cases

Kirkland v. State (2011) fladistctapp

Wheeler v. State (2005) fladistctapp

Campbell v. State (2010) fladistctapp

Dominguez v. State (2012) fladistctapp

Wilson v. State (2011) fladistctapp

— 775.082(9)(a)(l)(p) — 1 case

Young v. State (2011) fladistctapp

— 775.082(9)(a)(l)(q) — 7 cases

Campbell v. State (2010) fladistctapp

Ellis v. State (2014) fladistctapp

Christopher v. State (2002) fladistctapp

Williamson v. State (2008) fladistctapp

Jackson v. State (2002) fladistctapp

— 775.082(9)(b) — 21 cases

McDonald v. State (2007) fla

Kemar Rochester v. State of Florida (2014) fla

Nettles v. State (2003) fla

Nettles v. State (2002) fladistctapp

McDonald v. State (2005) fladistctapp

— 775.082(9)(c) — 21 cases

Nettles v. State (2003) fla

State v. Cotton (2000) fla “§ 775.082, Fla. Stat. (1997)(emphasis supplied).”

Williams v. State (2002) fladistctapp

Reeves v. State (2007) fla

Michel v. State (2006) fladistctapp

— 775.082(9)(d) — 17 cases

Leronnie Lee Walton v. State of Florida (2016) fla

State v. Cotton (2000) fla “§ 775.082, Fla. Stat. (1997)(emphasis supplied).”

Reeves v. State (2007) fla

Nettles v. State (2003) fla

— 775.082(9)(d)(1) — 6 cases

Reeves v. State (2007) fla

McDonald v. State (2007) fla

Lewars v. State (2017) fladistctapp

Green v. Secretary, Department of Corrections (Duval County) (2023) flmd

Taylor v. State (2017) fladistctapp

— 775.082(9)(d)(l) — 1 case

Walsh v. State (2016) fladistctapp

— 775.082(9)(e) — 3 cases

Clark v. State (2011) fladistctapp

Dolansky v. State (2007) fladistctapp

Mike v. State (2014) fladistctapp

— 775.082(B)(d) — 1 case

McLeod v. State (2011) fladistctapp

— 775.082(a) — 2 cases

Kimbrough v. State (2001) fladistctapp

Navarro v. State (2002) fladistctapp

— 775.082(a)(2) — 1 case

Schaeffer v. State (2000) fladistctapp

— 775.082(a)(a) — 1 case

Gonzalez v. State (2002) fladistctapp

— 775.082(a)(l)(q) — 1 case

Ellis v. State (2014) fladistctapp

— 775.082(b) — 1 case

Leppert v. Secretary, Department of Corrections(Putnam County) (2024) flmd

— 775.082(c) — 2 cases

Holmes v. State (1995) fladistctapp

Johnson v. Moore (2007) flmd

— 775.082(d) — 3 cases

State v. Smith (2002) fladistctapp

Holmes v. State (1995) fladistctapp

Burch v. State (2000) fladistctapp

— 775.082(l) — 3 cases

State of Florida v. Anthony Duwayne Horsley, Jr. (2015) fla “§ 775.082(1), Fla. Stat. (2006) (emphasis added).”

Ralph Monroe v. State of Florida (2016) fla

Horsley v. State (2013) fladistctapp

— 775.082(l)(a) — 5 cases

Larry Darnell Perry v. State of Florida (2016) fla

Aramis Donell Ayala, etc. v. Rick Scott, Governor (2017) fla

Calandra v. State (2011) fladistctapp

Angelo Atwell v. State of Florida (2016) fla

Burke v. State (2009) fladistctapp

— 775.082(l)(b) — 6 cases

Roderick D. Williams v. State (2017) fladistctapp

Darriue Montgomery v. State (2017) fladistctapp

Davis v. State (2016) fladistctapp

Anthony Michael Ortiz v. State of Florida (2016) fladistctapp

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE 9.140 (2016) fla

— 775.082(l)(b)(3) — 1 case

Ejak v. State (2016) fladistctapp

— 775.082(l)(b)(d) — 1 case

Perales v. State (1998) fladistctapp

— 775.082(l)(b)(l) — 2 cases

Miller v. State (2017) fladistctapp

Neely v. State (2016) fladistctapp

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.