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Florida Statute 775.0823 | Lawyer Caselaw & Research
F.S. 775.0823 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.0823
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.
(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.

F.S. 775.0823 on Google Scholar

F.S. 775.0823 on Casetext

Amendments to 775.0823


Arrestable Offenses / Crimes under Fla. Stat. 775.0823
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.0823.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . ] (20) If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823 . . . If the primary offense is a violation of subsection 775.0823(5), (6), (7), (8), or (9),Florida Statutes . . . 784.07(3) or 775.0875(1), Florida Statutes, or the Law Enforcement Protection Act under subsection 775.0823 . . . ordered that the defendant shall serve a minimum of ____ years before release in accordance with section 775.0823 . . .

GRAVES, v. STATE, 248 So. 3d 1238 (Fla. App. Ct. 2018)

. . . Construing section 775.0823, Florida Statutes (2007), the trial court again concluded that the maximum . . . Although section 775.0823(5) addresses attempted second degree murder, the modifier "as described in . . . It appears from the sentencing transcript that the trial court believed that section 775.0823(5) was, . . . The trial court read section 775.0823 to mean that an "attempted second degree murder" committed upon . . . Original Enactment of Section 775.0823 Section 775.0823 of the Florida Statutes was first enacted in . . .

L. RIVERA, v. STATE, 235 So. 3d 983 (Fla. Dist. Ct. App. 2017)

. . . Rivera was charged in an amended information pursuant to sections 782.04(1), 777.04, 775.087, 775.0823 . . .

RAMROOP, v. STATE, 214 So. 3d 657 (Fla. 2017)

. . . enforcement officer in violation of sections 782.04(1)(a)(1), 777.04, 782.065, 775.087(1), 775.087(2), and 775.0823 . . . —Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced . . .

SHEFFIELD, v. STATE, 214 So. 3d 763 (Fla. Dist. Ct. App. 2017)

. . . multiplier if the primary offense is a violation of the Law Enforcement Protection Act under section 775.0823 . . .

ALLEN, v. STATE, 211 So. 3d 55 (Fla. Dist. Ct. App. 2017)

. . . See § 775.0823, Fla. Stat. (2014). . . .

BODETTE, v. STATE, 186 So. 3d 1123 (Fla. Dist. Ct. App. 2016)

. . . the offense; however, the written sentence imposed the ten-year minimum mandatory pursuant to section 775.0823 . . .

ALZAMORA, v. STATE, 186 So. 3d 1124 (Fla. Dist. Ct. App. 2016)

. . . sentencing enhancement statute was subsumed into the Law Enforcement Protection Act codified at section 775.0823 . . .

HARGROVE, v. STATE, 182 So. 3d 910 (Fla. Dist. Ct. App. 2016)

. . . minimum mandatory sentence was imposed under section 775.087, Florida Statutes (2014), and not section 775.0823 . . .

RAMROOP, v. STATE, 174 So. 3d 584 (Fla. Dist. Ct. App. 2015)

. . . Section 782.065, Florida Statutes, provides as follows: Notwithstanding ss. 775.082, 775.0823, 782.04 . . . Section 775.0823, entitled “Violent offenses committed against law enforcement officers, correctional . . . , the Legislature transplanted the subsection at issue in Thompson, section 784.07(3), into section 775.0823 . . . See § 775.0823, Fla. Stat. (2013). . . . The intended effect of the proposed bill was to “supersede” penalties in section 775.0823, Florida Statutes . . .

L. LINDSEY, Jr. v. STATE, 168 So. 3d 267 (Fla. Dist. Ct. App. 2015)

. . . mandated by section 775.082(1), Florida Statutes (2010), applicable to capital felonies, and section 775.0823 . . . Lindsey qualified for sentencing under sections 775.082(1), 775.0823(1), and 775.087(2), and sentenced . . . Lindsey to life imprisonment without the possibility of parole under sections 775.082(1) and 775.0823 . . . Sentencing under Sections 775.082(1) and 775.0823(1) In Miller, the Supreme Court held “that the Eighth . . . Lindsey was originally sentenced pursuant to sections 775.082(1) and 775.0823(1), both of which effectively . . . perceived deficiencies in the trial court’s order, the majority states that had sections 775.082(1) and 775.0823 . . .

SWEENEY, v. STATE, 138 So. 3d 1095 (Fla. Dist. Ct. App. 2014)

. . . The record demonstrated a scrivener’s error in the citation to section 775.0823, Florida Statutes (1991 . . .

L. WHEELER, v. STATE L. v. D., 124 So. 3d 865 (Fla. 2013)

. . . . § 775.0823, Fla. Stat. (2005). . . .

JORDAN, v. STATE Of, 103 So. 3d 253 (Fla. Dist. Ct. App. 2012)

. . . three-year minimum mandatory sentence pursuant to the Law Enforcement Protection Act (“LEPA”), section 775.0823 . . .

DUTTON, Jr. v. STATE, 89 So. 3d 963 (Fla. Dist. Ct. App. 2012)

. . . a three year minimum mandatory sentence under the Law Enforcement Protection Act (“LEPA”), section 775.0823 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 48 So. 3d 17 (Fla. 2010)

. . . ] (20) If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823 . . . If the primary offense is a violation of subsection 775.0823(3-))-(4-)^(5), (6), (7), or-(8), or (9), . . . violation of section 784.07(3) or 775.0875(1) or the Law Enforcement Protection Act under subsection 775.0823 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . ordered that the defendant shall serve a minimum of_ years before release in accordance with section 775.0823 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 998 So. 2d 1128 (Fla. 2008)

. . . ordered that the defendant shall serve a minimum of _ years before release in accordance with section 775.0823 . . .

L. SWIFT, v. STATE, 973 So. 2d 1196 (Fla. Dist. Ct. App. 2008)

. . . aggravated assault on a law enforcement officer with a deadly weapon, a second-degree felony, sections 775.0823 . . .

ESTEVES, v. STATE, 966 So. 2d 470 (Fla. Dist. Ct. App. 2007)

. . . He asserted that section 775.0823(9), Florida Statutes (1995), authorized the trial court tó sentence . . . Corrections & Safety, HB 375, Staff Analysis at 6 (March 27, 2001) (explaining that 2001 amendment to section 775.0823 . . .

BLANDIN, v. STATE, 916 So. 2d 969 (Fla. Dist. Ct. App. 2005)

. . . See §§ 775.082(3)(b), 775.0823, 775.087(l)(b), 777.04(4)(e), 782.04(2), Fla. Stat. (2001). . . .

WILLIAMS, v. STATE, 888 So. 2d 759 (Fla. Dist. Ct. App. 2004)

. . . See § 775.0823(7), Fla. Stat. (1993). . . . See §§ 775.0823(10), 921.0014(1), Fla. Stat. (1995). . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 886 So. 2d 197 (Fla. 2004)

. . . ordered that the defendant shall serve a minimum of_ years before release in accordance with section 775.0823 . . .

SWILLEY, v. STATE, 845 So. 2d 930 (Fla. Dist. Ct. App. 2003)

. . . See §§ 784.021(l)(a), 784.07(2)(c), 775.0823(10), 784.045, 784.07, 775.0823, 843.01, 316.1935(4), 316.061 . . .

BROWN, v. V. CROSBY, Jr., 249 F. Supp. 2d 1285 (S.D. Fla. 2003)

. . . Stat., § 775.0823 (1990). . . .

THANONGLIT, v. STATE, 838 So. 2d 1261 (Fla. Dist. Ct. App. 2003)

. . . Nor did the information reference section 775.0823(2), Florida Statutes (2000). . . . Fla. 2d DCA 2000), to the extent that Watson required an information to recite a violation of section 775.0823 . . . In such a situation, an information must recite the law enforcement enhancement statute, section 775.0823 . . . We can envision a case where section 775.0823 is not mentioned in the information, but, after the evidence . . . That crime is not included in section 775.0823. .The information did, however, refer to section 775.087 . . .

STATE v. FRANKLIN,, 836 So. 2d 1112 (Fla. Dist. Ct. App. 2003)

. . . creating the “Law Enforcement Protection Act”; providing legislative findings and intent; creating s. 775.0823 . . .

BORROTO, v. STATE, 829 So. 2d 272 (Fla. Dist. Ct. App. 2002)

. . . I §§ 784.02l(l)(l)(a), 784.07(2)(c), 775.0823(10), Fla. Stat. (1999). . . . .

DILLARD, v. STATE, 820 So. 2d 994 (Fla. Dist. Ct. App. 2002)

. . . imprisonment not exceeding 15 years, with a 15 year mandatory minimum term Id. at 1372 (citing §§ 775.082, 775.0823 . . .

McKOWEN, v. STATE, 816 So. 2d 1254 (Fla. Dist. Ct. App. 2002)

. . . rule 3.800(a) motion, McKowen argued that his habitual offender sentence was illegal because section 775.0823 . . .

DARST, v. STATE, 816 So. 2d 680 (Fla. Dist. Ct. App. 2002)

. . . section 921.0024(l)(b) creates a multiplier of 1.5 if the primary offense is a violation of section 775.0823 . . . But, section 775.0823 does not set forth specific substantive crimes. See Matthews v. . . . Stat. § 775.0823(10). . . . The intent of section 775.0823 is to impose increased punishment by the use of a multiplier in an effort . . . Section 775.0823, entitled "Violent offenses committed against law enforcement officers, correctional . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE CRIMINAL PUNISHMENT CODE, 810 So. 2d 826 (Fla. 2001)

. . . (20) If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823 . . . If the primary offense is a violation of subsection 775.0823(3), (4), (5), (6), (7), or (8) the subtotal . . . If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823 . . .

KENON, v. STATE, 780 So. 2d 258 (Fla. Dist. Ct. App. 2001)

. . . Regarding the second issue, Kenon argues that pursuant to section 775.0823, Florida Statutes (1997), . . . Section 775.0823 provides in pertinent part: Any provision of law to the contrary notwithstanding, the . . . others have upheld the imposition of a habitual sentence for violation of various provisions of section 775.0823 . . . other offenses, attempted first-degree murder of a law enforcement officer in violation of section 775.0823 . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . ordered that the defendant shall serve a minimum of — years before release in accordance with section 775.0823 . . .

WARD, Jr. v. STATE, 765 So. 2d 299 (Fla. Dist. Ct. App. 2000)

. . . . §§ 782.04(l)(a)l; 777.04(1), 775.0823(2); 775.087(l)(a), (2)(a), Fla. . . .

WRIGHT, v. STATE, 779 So. 2d 399 (Fla. Dist. Ct. App. 2000)

. . . mandatory portion of the sentence, but the written judgment states it was ordered pursuant to section 775.0823 . . .

PRICE, v. STATE, 762 So. 2d 1035 (Fla. Dist. Ct. App. 2000)

. . . Appellant was not charged with a violation of the Law Enforcement Protection Act, section 775.0823, Florida . . .

V. MATTHEWS, a k a V. v. STATE, 774 So. 2d 1 (Fla. Dist. Ct. App. 2000)

. . . multiplier to his sentence because the information filed against him did not allege a violation of section 775.0823 . . . we recede from Watson to the extent it required that an information recite a “violation” of section 775.0823 . . . At that time, the rule referred to only subsections (2) through (7) of section 775.0823, Florida Statutes . . . Section 921.0014(l)(b) creates a multiplier if the primary offense “is a violation of’ section 775.0823 . . . In fact, section 775.0823 does not set forth specific substantive crimes. . . .

CLARK, v. STATE, 779 So. 2d 343 (Fla. Dist. Ct. App. 2000)

. . . See § 775.0823, Fla. Stat. (1999). A simple battery upon a correctional officer is a felony. . . .

WATSON, v. STATE, 749 So. 2d 556 (Fla. Dist. Ct. App. 2000)

. . . the information did not charge him with a violation of the Law Enforcement Protection Act, section 775.0823 . . . When the information fails to charge the defendant with a violation of section 775.0823, the defendant . . .

AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE d, 763 So. 2d 997 (Fla. 1999)

. . . (20) If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823 . . . If the primary offense is a violation of subsection 775.0823(3), (4), (5), (6), (7), or (8) the subtotal . . . If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823 . . .

L. GRAY, v. STATE, 742 So. 2d 805 (Fla. Dist. Ct. App. 1999)

. . . Stat. (1997); see also §§ 775.0823 (mandatory minimum for violent offenses committed against law enforcement . . .

SPEED, v. STATE, 732 So. 2d 17 (Fla. Dist. Ct. App. 1999)

. . . See §§ 775.0823, 775.087, Fla. . . .

FERNANDEZ, v. STATE, 730 So. 2d 277 (Fla. 1999)

. . . See § 775.0823(1), Fla. Stat. (1991). . . .

In ADOPTION OF FLORIDA RULES OF CRIMINAL PROCEDURE AND TO IMPLEMENT THE FLORIDA CRIMINAL PUNISHMENT CODE, 721 So. 2d 265 (Fla. 1998)

. . . (20) If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823 . . . If the primary offense is a violation of subsection 775.0823(3), (4), (5), (6), (7), or (8) the subtotal . . . If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823 . . .

JORDAN, v. STATE, 728 So. 2d 748 (Fla. Dist. Ct. App. 1998)

. . . Defendant argues that since section 775.0823 was not cited in the information, it follows that the law . . . The statutory citation was in error, but section 775.0823 is the correct statutory successor provision . . . The violation of section 775.0823 was sufficiently shown. See B.H. v. . . . Section 775.0823 mandates a sentence “pursuant to the sentencing guidelines,” § 775.0823(4), Fla Stat . . . Section 775.0823 does not preclude a departure sentence. IV. . . .

B. BRADY, Jr. v. STATE, 717 So. 2d 112 (Fla. Dist. Ct. App. 1998)

. . . . §§ 784.045; 784.07; 775.087(2); 775.0823; Fla. Stat. (1995). . Art. I, § 9, Fla. Const. . . .

A. COLE, v. STATE, 716 So. 2d 325 (Fla. Dist. Ct. App. 1998)

. . . P. 3.702(d)(14); § 775.0823(2), Fla. Stat. (1995). . . .

SAN MARTIN, v. STATE, 717 So. 2d 462 (Fla. 1998)

. . . bases for conviction was legally inadequate because of a statutory time bar). .As provided in section 775.0823 . . . See § 775.0823(1), Fla. Slat. (1991). . . .

HARDY, v. STATE, 716 So. 2d 761 (Fla. 1998)

. . . for the entry of a sentence of life imprisonment without eligibility for release pursuant to section 775.0823 . . .

THOMPSON, v. STATE, 695 So. 2d 691 (Fla. 1997)

. . . subdivision from section 784.07(3), Florida Statutes (1993), and reenacted this statute as section 775.0823 . . . Section 775.0823, Florida Statutes, provides: Any provision of law to the contrary notwithstanding, the . . . By reenacting this statute under section 775.0823, the legislature resolved this conflict in favor of . . . Furthermore, the majority should state whether its analysis is applicable to section 775.0823, Florida . . .

M. JENKINS, v. STATE, 692 So. 2d 893 (Fla. 1997)

. . . trial court for imposition of a life sentence without possibility of parole in accordance with section 775.0823 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- NO., 690 So. 2d 1263 (Fla. 1997)

. . . See F.S. 775.0823. . . . or-judge-“eligifoility for release” should be-inserted-in place of “possibility of-parole,” — See F.S. 775.0823 . . . judge, “eligibility for release-should-be inserted in plaee-of “possibility of parole.” — See F.S. 775.0823 . . . judge^eligibility for release” should-be inserted in place of-‘-possibiIity of parole.” — See F.S. 775.0823 . . .

MITCHELL, v. STATE, 689 So. 2d 1118 (Fla. Dist. Ct. App. 1997)

. . . , 587 So.2d 1355 (Fla. 1st DCA 1991), review denied, 599 So.2d 654 (Fla.1992), we hold that section 775.0823 . . . The court did not impose a minimum mandatory sentence under section 775.0823(4), Florida Statutes, for . . .

McGEE, v. STATE, 687 So. 2d 22 (Fla. Dist. Ct. App. 1996)

. . . . §§ 784.07(2)C, 784.021(l)(a), and 775.0823(1), Fla.Stat. (1995). . § 790.07, Fla.Stat. (1995). . § . . .

o MADRIGAL, v. STATE, 683 So. 2d 1093 (Fla. Dist. Ct. App. 1996)

. . . R.Crim.P. 3.703(d)(22) (1995) (providing for 1.5 enhancement multiplier for violation of section 775.0823 . . . Fla.R.Crim.P. 3.702(d)(14) (1995) (which does not provide enhancement multiplier for violation of section 775.0823 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE SENTENCING GUIDELINES, 685 So. 2d 1213 (Fla. 1996)

. . . (22) If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823 . . . If the primary offense is a violation of subsection 775.0823(3), (4), (5), (6), (7), or (8) the subtotal . . . If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823 . . .

THORNTON, v. STATE, 679 So. 2d 871 (Fla. Dist. Ct. App. 1996)

. . . If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823 . . . If the primary offense is a violation of subsection 775.087(2)(a)(2) or subsections 775.0823(6) or (7 . . . Appellant was not charged with any violation under section 775.087 or 775.0823, nor was he charged under . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 678 So. 2d 1224 (Fla. 1996)

. . . See F.S. 775.0823. Note to Judge Give in all cases before taking evidence in penalty proceedings. . . . See F.S. 775.0823. . . . See F.S. 775.0823. You will now retire to consider your recommendation. . . .

STATE v. IACOVONE,, 660 So. 2d 1371 (Fla. 1995)

. . . Third-degree murder.imprisonment not exceeding 15 years, with a 15 year mandatory minimum term See §§ 775.082, 775.0823 . . . (enacting section 775.0823) (“[L]aw enforcement ... officers are constantly exposed to great risk of . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES, 660 So. 2d 1374 (Fla. 1995)

. . . (22) If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823 . . . If the primary offense is a violation of subsection 775.0823(3), (4), (5), (6), (7), or (8) the subtotal . . . If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823 . . .

LOWELL, v. STATE, 652 So. 2d 975 (Fla. Dist. Ct. App. 1995)

. . . See § 775.0823(7), Fla.Stat. (1991); Zitzman v. State, 640 So.2d 1219 (Fla. 5th DCA 1994). . . .

GRINAGE, v. STATE, 641 So. 2d 1362 (Fla. Dist. Ct. App. 1994)

. . . It may be that the overall legislative scheme found in sections 775.0823, 775.0825, 782.04(1) and 784.07 . . .

ZITZMAN, v. STATE, 640 So. 2d 1219 (Fla. Dist. Ct. App. 1994)

. . . See § 775.0823(7), Fla.Stat. (1991). . . . Section 775.0823(7), Florida Statutes (1991), is applicable because Zitzman committed the offense on . . . Section 775.0823(7), Florida Statutes (1993), which authorizes the imposition of a sentence in accordance . . .

IACOVONE, v. STATE, 639 So. 2d 1108 (Fla. Dist. Ct. App. 1994)

. . . . §§ 782.04(4), 775.082(3)(c), and 775.0823(3), Fla.Stat. (1991). . . . (creating § 775.0823, Fla.Stat.). . . . Section 775.0823(3), Florida Statutes (1991) provides for an increase in penalty for any person convicted . . .

SIMMONS v. SOUTH CAROLINA, 512 U.S. 154 (U.S. 1994)

. . . . §775.0823(1) (Supp. 1994); S. D. Codified Laws §24-15-4 (1988); Wyo. . . . Ann. § 775.0823(1). . . .

FLOWERS, v. STATE, 627 So. 2d 1340 (Fla. Dist. Ct. App. 1993)

. . . . §§ 775.0823(5), 787.01(1)(a), Fla.Stat. (1989). . § 944.40, Fla.Stat. (1989). . § 775.0875, Fla.Stat . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES, 628 So. 2d 1084 (Fla. 1993)

. . . If the primary offense is a violation of the Law Enforcement Protection Act under subsections 775.0823 . . . If the primary offense is a violation of subsection 775.087(2)(a)(2) or subsections 775.0823(6) or (7 . . .

STATE v. ROBERTSON,, 614 So. 2d 1155 (Fla. Dist. Ct. App. 1993)

. . . Section 775.0823 (involving crimes of violence against police and law enforcement officers, prosecutors . . . This construction follows from the legislature’s use of the additional text in, e.g., sections 775.0823 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . ordered that the defendant shall serve a minimum of_ years before release in accordance with section 775.0823 . . .

STATE v. COLLIGAN,, 604 So. 2d 547 (Fla. Dist. Ct. App. 1992)

. . . The state filed a motion to correct sentence, pointing out that section 775.0823(6), Florida Statutes . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . See F.S. 775.0823. Note to Judge Give in all cases before taking evidence in penalty proceedings. . . . See F.S. 775.0823. . . . See F.S. 775.0823. You will now retire to consider your recommendation. . . . The Note to Judge is added to bring F.S. 775.0823 to the court’s attention in appropriate cases. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE- RULES AND, 603 So. 2d 1144 (Fla. 1992)

. . . ordered that the defendant shall serve a minimum of years before release in accordance with section 775.0823 . . .

MORELAND, v. STATE, 590 So. 2d 1020 (Fla. Dist. Ct. App. 1991)

. . . See, e.g., §§ 775.082(1), 775.0823, and 775.-0825, Fla.Stat. (1989) (sentencing for capital felonies, . . .

STATE v. LIATAUD,, 587 So. 2d 1155 (Fla. Dist. Ct. App. 1991)

. . . trafficking], 784.08(3) [crimes committed against the elderly], 775.087 [crimes committed with firearm], and 775.0823 . . .

JACKSON, v. STATE, 582 So. 2d 149 (Fla. Dist. Ct. App. 1991)

. . . record which reflects the correctness of that confession, the sentence imposed, pursuant to Section 775.0823 . . .

STATE v. McKENZIE,, 574 So. 2d 1176 (Fla. Dist. Ct. App. 1991)

. . . cases provisional credits) to shorten service of certain mandatory minimum sentences include section 775.0823 . . .