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Fla. Stat. § 775.0862 (2025)

Sexual offenses against students by authority figures; reclassification.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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775.0862 Sexual offenses against students by authority figures; reclassification.—
(1) As used in this section, the term:
(a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.
(b) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), early learning programs, a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37. The term does not include facilities dedicated exclusively to the education of adults.
(c) “Student” means a person younger than 18 years of age who is enrolled at a school.
(2) The felony degree of a violation of an offense listed in s. 943.0435(1)(h)1.a., unless the offense is a violation of s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified as provided in this section if the offense is committed by an authority figure of a school against a student of the school.
(3)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.
(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.
(c) In the case of a felony of the first degree, the offense is reclassified to a life felony.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

History.—s. 2, ch. 2014-202; s. 91, ch. 2015-2; s. 69, ch. 2016-24; s. 10, ch. 2016-104; s. 12, ch. 2021-156; s. 61, ch. 2025-156.
Notes of Decisions
Cited in 6 cases, 2015–2020 · leading case: In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018).
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). · cites it 34× “§ 775.0862, Fla. Stat. Enhancement Reclassification for sexual offense against student by school authority figure.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015). · cites it 42× “§ 775.0862, Fla. Stat Enhancement for sexual offense against student by school authority figure.”
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). · cites it 13× “§ 775.0862, Fla. Stat. ■Enhancement for sexual battery against student by school authority figure.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-01, 228 So. 3d 87 (Fla. 2017). · cites it 12× “§ 775.0862, Fla. Stat. Enhancement for sexual offense against student by school authority figure.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-06, 195 So. 3d 356 (Fla. 2016). · cites it 4× “§ 775.0862, Fla. Stat. Enhancement for sexual offense against student by school authority figure.”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-11 (Fla. 2020). · cites it 4× “§ 775.0862, Fla. Stat. Reclassification for sexual offense against student by school authority figure.”
— 775.0862(1) — 1 case
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015). “§ 775.0862, Fla. Stat Enhancement for sexual offense against student by school authority figure.”
— 775.0862(1)(b) — 5 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “§ 775.0862, Fla. Stat. Enhancement Reclassification for sexual offense against student by school authority figure.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015). “§ 775.0862, Fla. Stat Enhancement for sexual offense against student by school authority figure.”
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 775.0862, Fla. Stat. ■Enhancement for sexual battery against student by school authority figure.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-01, 228 So. 3d 87 (Fla. 2017). “§ 775.0862, Fla. Stat. Enhancement for sexual offense against student by school authority figure.”
In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-11 (Fla. 2020). “§ 775.0862, Fla. Stat. Reclassification for sexual offense against student by school authority figure.”
— 775.0862(l)(b) — 3 cases
In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). “§ 775.0862, Fla. Stat. ■Enhancement for sexual battery against student by school authority figure.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015). “§ 775.0862, Fla. Stat Enhancement for sexual offense against student by school authority figure.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-06, 195 So. 3d 356 (Fla. 2016). “§ 775.0862, Fla. Stat. Enhancement for sexual offense against student by school authority figure.”
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 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.