The 2023 Florida Statutes
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The statute reads as follows: "(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. (2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true… Each charge was for a second-degree felony. (Doc. 7-2, Ex. 2.) The 15-year sentence Sutherland received on each charge was the maximum sentence permissible. See § 775.082(3)(d), Fla. Stat.Petitioner appealed, and the First DCA reversed the denial based on Atwell v. State, 197 So.3d 1040, 1041 (Fla. 2016), a case in which the Florida Supreme Court held that a life sentence with the possibility of parole under Florida's system of parole is unconstitutional under Miller because the parole board could not consider the offender's juvenile status. Kirk v. State, 210 So.3d 769, 769 (Fla. 1st DCA Feb. 16, 2017). The State agreed the matter should be remanded. The First DCA directed that Petitioner “be resentenced in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes.” On remand, the circuit court set the matter for a resentencing hearing. ECF Doc. 7-9.The defendant argues, and the state concedes, the circuit court must ministerially correct its written sentencing order to conform to its orally pronounced sentence of "time served." Driving without a valid driver's license and leaving the scene of an accident with property damage are second degree misdemeanors for which a person may be sentenced "by a definite term of imprisonment not exceeding 60 days." §§ 316.061(1), 322.39, 775.082(4)(b), Fla. Stat. (2020). Resisting arrest without violence is a first degree misdemeanor for which a person may be sentenced "by a definite term of imprisonment not exceeding 1 year." §§ 775.082(4)(a), 843.02, Fla. Stat. (2020). Thus, the written sentencing order's 591-day prison term, whether viewed cumulatively or individually for each of those charges, exceeded the respective statutory maximums.Apprendi, 530 U.S. at 490, holds that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” Under Florida law, first-degree murder is a capital felony punishable by either death or life in prison without parole. §§ 775.082(1)(a) and 782.04(1)(a), Fla. Stat. After the jury found Peterson guilty of first-degree murder and recommended a sentence of death, the trial court sentenced Peterson to death. (Doc. 11-3 at 158-78.) The post-conviction court subsequently granted Peterson relief, and the trial court resentenced Peterson to life in prison. (Doc. 11-12 at 750-53.)The jury found Sheppard guilty of sexual battery with a deadly weapon (Doc. 25-3 at 691), a felony punishable by life in prison or a sentence not exceeding forty years. § 794.011(3), Fla. Stat. (1984); § 775.082(3)(a), Fla. Stat. (1985). Sheppard committed the crime on June 22, 1985. (Doc. 25-1 at 2) The scoresheet calculated 262 points for the offense and forty points for injury suffered by the victim for a total of 302 points (Doc. 25-2 at 200), resulting in a recommended sentence of seven to nine years and a permitted sentence of five-and-a-half to twelve years. (Doc. 25-2 at 200) Fla. R. Crim. P. 3.988.(b) A person who violates paragraph (a) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.Victorino was not, however, entirely successful in his postconviction motion. He had also argued that because his first jury did not unanimously recommend the death penalty on any of the counts for which the death sentence was imposed, he was entitled to be resentenced to serve life in prison under section 775.082(2), Florida Statutes, and the trial court erred by instead ordering the new sentencing phase trial. On appeal, Victorino pointedly asserted that to "apply the recent, post-Hurst case law retroactively to make [him] death-eligible would violate the constitutional prohibitions against ex post facto laws." Victorino v. State, 241 So.3d 48, 50 (Fla. 2018).A federal court may not review a state court's alleged failure to adhere to the state's sentencing requirements, which is purely a state law issue. See Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988). Only when a state law error rises to the level of fundamental unfairness does it implicate federal constitutional due process, subjecting it to federal habeas review. See Osborne v. Wainwright, 720 F.2d 1237, 1238 (11th Cir. 1983). Whether armed robbery qualifies for a PRR sentencing enhancement is a question of state law outside of this Court's federal habeas purview. Further, upon a review of the allegations, this Court finds no sentencing error that rises to the level of fundamental unfairness. Armed robbery qualifies as an enumerated felony under the PRR statute. § 775.082(9)(a)1, Fla. Stat.; see generally McDonald v. State, 957 So.2d 605, 607 (Fla. 2007) (recognizing defendant convicted of armed robbery qualified as a PRR). Because this claim deals with an alleged state court sentencing error and does not amount to fundamental unfairness, this claim is not properly before this Court.The Identified anomaly in the law from October 1, 1983 thru May 24, 1994 F.S. 775.082(1) and F.S. 775.082(3)(a). Prisoners convicted of first-degree murder sentence to 25 years to life with parole. Prisoners convicted of second-degree murder are sentenced to a greater and harsher penalty of life (aka) death by incarceration.. . . . §§ 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. . . .