Florida Statutes
Fla. Stat. § 775.0823 (2025)
Violent offenses committed against specified justice system personnel.
✓ 2025 Florida Statutes: current through the 2025 Regular Session
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775.0823 Violent offenses committed against specified justice system personnel.—The Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; against any public defender elected pursuant to s. 27.50 or regional counsel appointed pursuant to s. 27.511(3); against any court-appointed counsel appointed under s. 27.40 or defense attorney in a criminal proceeding; or against any justice or judge of a court described in Art. V of the State Constitution, which offense arises out of or in the scope of the officer’s duty as a law enforcement or correctional officer, the state attorney’s or assistant state attorney’s duty as a prosecutor or investigator, the public defender or regional counsel acting in his or her capacity as defense counsel, the court-appointed counsel or defense attorney in a criminal proceeding acting in his or her capacity as defense counsel, or the justice’s or judge’s duty as a judicial officer, as follows:
(1) For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release.
(2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. A person convicted under this subsection must be sentenced to a mandatory minimum term of imprisonment of 25 years.
(3) For attempted felony murder as described in s. 782.051, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(5) For attempted murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(8) For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(9) For kidnapping as described in s. 787.01, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(10) For aggravated battery as described in s. 784.045, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(11) For aggravated assault as described in s. 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.
History.—s. 3, ch. 89-100; s. 1, ch. 90-77; s. 16, ch. 93-406; s. 17, ch. 95-184; s. 11, ch. 97-194; s. 5, ch. 98-417; s. 3, ch. 2001-236; s. 1, ch. 2007-212; s. 2, ch. 2010-121; s. 5, ch. 2012-21; s. 26, ch. 2016-24; s. 22, ch. 2017-37; s. 12, ch. 2017-107; s. 1, ch. 2023-190; s. 4, ch. 2025-176.
Notes of Decisions
Cited in 66
cases (2 in the last 5 years), 1991–2026 · leading case: Jordan v. State, 728 So. 2d 748 (Fla. 3d DCA 1999).
Jordan v. State, 728 So. 2d 748 (Fla. 3d DCA 1999). “The defendant correctly points out that the information did not charge him with a violation of section 775.0823, Florida Statutes. Defendant argues that since section 775.”
Simmons v. South Carolina, 512 U.S. 154 (1994). “See Fla. Stat. Ann. § 775.0823 (1) (Supp. 1994); S.”
Thompson v. State, 695 So. 2d 691 (Fla. 1997). “07(3), Florida Statutes (1993), and reenacted this statute as section 775.0823, Florida Statutes (1995).”
San Martin v. State, 717 So. 2d 462 (Fla. 1998). “See § 775.0823(1), Fla. Stat. (1991). Because the jury's guilt-phase verdict specifically found that Steven Bauer was a law enforcement officer, there were two possible jury sentencing recomendations: death or life imprisonment without possibility of parole.”
Matthews v. State, 774 So. 2d 1 (Fla. 2d DCA 2000). “Mathews, appeals his judgment and sentence for aggravated assault on a law enforcement officer. [1] Mr.”
Ramroop v. State, 174 So. 3d 584 (Fla. 5th DCA 2015). “§ 775.0823, Fla. Stat. (1995). Specifically, in 1995, the Legislature added the crime of attempt for all murder offenses listed in the prior version (i.”
Fernandez v. State, 730 So. 2d 277 (Fla. 1999). “See § 775.0823(1), Fla. Stat. (1991). The jury's guilt-phase verdict specifically found that Steven Bauer was a law enforcement officer.”
Kenon v. State, 780 So. 2d 258 (Fla. 5th DCA 2001). “Regarding the second issue, Kenon argues that pursuant to section 775.0823, Florida Statutes (1997), he must receive a guideline sentence for the offense of attempted first-degree murder of a law enforcement officer.”
Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002). “; Fla. Stat. § 775.0823 (10). Furthermore, penalty enhancement statutes such as this are used to prepare the sentencing scoresheet to sentence the defendant; they are not used by the jury or finder of fact to determine guilt.”
Wheeler v. State, 124 So. 3d 865 (Fla. 2013). “§ 775.0823, Fla. Stat. (2005). Moreover, even in Burgos, 865 So.”
Madrigal v. State, 683 So. 2d 1093 (Fla. 4th DCA 1996). “703(d)(22), which provides for such enhancement for aggravated assault on a law enforcement officer, is applicable only to offenses committed on or after October 1, 1995, and appellant's offense was committed on March 27, 1995.”
Stand. Jury Instructions in Crim. Cases—No. 96-1, 690 So. 2d 1263 (Fla. 1997). “” See F.S. 775.0823. *1264 We commend the Committee for its diligence and thoroughness, and we authorize the publication and use of these instructions.”
775.0823(1): 4 cases
San Martin v. State, 717 So. 2d 462 (Fla. 1998). “See § 775.0823(1), Fla. Stat. (1991). Because the jury's guilt-phase verdict specifically found that Steven Bauer was a law enforcement officer, there were two possible jury sentencing recomendations: death or life imprisonment without possibility of parole.”
Fernandez v. State, 730 So. 2d 277 (Fla. 1999). “See § 775.0823(1), Fla. Stat. (1991). The jury's guilt-phase verdict specifically found that Steven Bauer was a law enforcement officer.”
Jenkins v. State, 692 So. 2d 893 (Fla. 1997).
Lindsey v. State, 168 So. 3d 267 (Fla. 2d DCA 2015).
775.0823(10): 6 cases
Madrigal v. State, 683 So. 2d 1093 (Fla. 4th DCA 1996). “703(d)(22), which provides for such enhancement for aggravated assault on a law enforcement officer, is applicable only to offenses committed on or after October 1, 1995, and appellant's offense was committed on March 27, 1995.”
Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002). “; Fla. Stat. § 775.0823 (10). Furthermore, penalty enhancement statutes such as this are used to prepare the sentencing scoresheet to sentence the defendant; they are not used by the jury or finder of fact to determine guilt.”
In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018).
Williams v. State, 888 So. 2d 759 (Fla. 1st DCA 2004).
775.0823(2): 8 cases
Kenon v. State, 780 So. 2d 258 (Fla. 5th DCA 2001). “Regarding the second issue, Kenon argues that pursuant to section 775.0823, Florida Statutes (1997), he must receive a guideline sentence for the offense of attempted first-degree murder of a law enforcement officer.”
In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018).
Cole v. State, 716 So. 2d 325 (Fla. 2d DCA 1998).
Thanonglit v. State, 838 So. 2d 1261 (Fla. 2d DCA 2003).
Graves v. State, 248 So. 3d 1238 (Fla. 3d DCA 2018).
775.0823(3): 6 cases
Iacovone v. State, 639 So. 2d 1108 (Fla. 2d DCA 1994).
Jordan v. State, 728 So. 2d 748 (Fla. 3d DCA 1999). “The defendant correctly points out that the information did not charge him with a violation of section 775.0823, Florida Statutes. Defendant argues that since section 775.”
In re Adoption of Florida Rules of Crim. Procedure 3.704 & 3.992 to Implement the Florida Crim. Punishment Code, 721 So. 2d 265 (Fla. 1998).
Amendments to Florida Rules of Crim. Procedure 3.704 & 3.992, 810 So. 2d 826 (Fla. 2001).
Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 685 So. 2d 1213 (Fla. 1996).
775.0823(4): 2 cases
Jordan v. State, 728 So. 2d 748 (Fla. 3d DCA 1999). “The defendant correctly points out that the information did not charge him with a violation of section 775.0823, Florida Statutes. Defendant argues that since section 775.”
Mitchell v. State, 689 So. 2d 1118 (Fla. 3d DCA 1997).
775.0823(5): 5 cases
In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018).
Graves v. State, 248 So. 3d 1238 (Fla. 3d DCA 2018).
Flowers v. State, 627 So. 2d 1340 (Fla. 5th DCA 1993).
775.0823(6): 1 case
State v. Colligan, 604 So. 2d 547 (Fla. 1st DCA 1992).
775.0823(7): 3 cases
Zitzman v. State, 640 So. 2d 1219 (Fla. 5th DCA 1994).
Lowell v. State, 652 So. 2d 975 (Fla. 1st DCA 1995).
Williams v. State, 888 So. 2d 759 (Fla. 1st DCA 2004).
775.0823(9): 8 cases
Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002). “; Fla. Stat. § 775.0823 (10). Furthermore, penalty enhancement statutes such as this are used to prepare the sentencing scoresheet to sentence the defendant; they are not used by the jury or finder of fact to determine guilt.”
Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 660 So. 2d 1374 (Fla. 1995).
In re Adoption of Florida Rules of Crim. Procedure 3.704 & 3.992 to Implement the Florida Crim. Punishment Code, 721 So. 2d 265 (Fla. 1998).
Esteves v. State, 966 So. 2d 470 (Fla. 4th DCA 2007).
Amendments to Florida Rules of Crim. Procedure 3.704 & 3.992, 810 So. 2d 826 (Fla. 2001).
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