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Fla. Stat. § 775.0846 (2025)

Possession of bulletproof vest while committing certain offenses.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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775.0846 Possession of bulletproof vest while committing certain offenses.—
(1) As used in this section, the term “bulletproof vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as “threat level I,” which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.
(2) No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or attempts to commit any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, criminal gang-related offense under chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such possession is in the course of and in furtherance of any such crime.
(3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 85-29; s. 1186, ch. 97-102; s. 3, ch. 2008-238.

Arrestable Offenses under F.S. 775.0846

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§775.0846(2)PUBLIC ORDER CRIMESPOSS BULLETPROOF VEST DURING CERTAIN OFFENSESF · 3rd
§775.0846(3)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9064F · 3rd
§775.0846PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8521F · 3rd
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1988–2024 · leading case: Flarity v. State, 527 So. 2d 295 (Fla. 5th DCA 1988).
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Flarity v. State, 527 So. 2d 295 (Fla. 5th DCA 1988). · cites it 2× “[8] Compare section 775.0846, Florida Statutes, which, in form, appears to create a separate substantive offense prohibiting the wearing of body armor while committing certain crimes, rather than merely using that factor to enhance punishment for the underlying offense.”
Sullivan v. State, 562 So. 2d 813 (Fla. 1st DCA 1990). “The court enhanced the offense from a third-degree to a second-degree felony and sentenced appellant to five years' imprisonment. Appellee argues that enhancement under Section 782.”
William Kiefer Bradley Egan v. State of Florida (Fla. 1st DCA 2024). · cites it 2× “Section 775.0846(2), Florida Statutes, proscribes the possession of a bulletproof vest while a person commits one of various felonies, including aggravated assault, and “such possession is in the course of and in furtherance of any such crime.”
— 775.0846(2) — 1 case
William Kiefer Bradley Egan v. State of Florida (Fla. 1st DCA 2024). “Section 775.0846(2), Florida Statutes, proscribes the possession of a bulletproof vest while a person commits one of various felonies, including aggravated assault, and “such possession is in the course of and in furtherance of any such crime.”
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.

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 775 matters in the context of felony sentencing and criminal defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.