Florida Statute 775.087 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.087

775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.—

(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:

(a) In the case of a felony of the first degree, to a life felony.

(b) In the case of a felony of the second degree, to a felony of the first degree.

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

(2)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for:

a. Murder;

b. Sexual battery;

c. Robbery;

d. Burglary;

e. Arson;

f. Aggravated battery;

g. Kidnapping;

h. Escape;

i. Aircraft piracy;

j. Aggravated child abuse;

k. Aggravated abuse of an elderly person or disabled adult;

l. Unlawful throwing, placing, or discharging of a destructive device or bomb;

m. Carjacking;

n. Home-invasion robbery;

o. Aggravated stalking;

p. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1);

q. Possession of a firearm by a felon; or

r. Human trafficking

and during the commission of the offense, such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for possession of a firearm by a felon or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years if such person possessed a “firearm” or “destructive device” during the commission of the offense. However, if an offender who is convicted of the offense of possession of a firearm by a felon has a previous conviction of committing or attempting to commit a felony listed in s. 775.084(1)(b)1. and actually possessed a firearm or destructive device during the commission of the prior felony, the offender shall be sentenced to a minimum term of imprisonment of 10 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-subparagraph 1.r., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.

3. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-subparagraph 1.r., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.

(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.

(d) It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.

(3)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for:

a. Murder;

b. Sexual battery;

c. Robbery;

d. Burglary;

e. Arson;

f. Aggravated battery;

g. Kidnapping;

h. Escape;

i. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance;

j. Aircraft piracy;

k. Aggravated child abuse;

l. Aggravated abuse of an elderly person or disabled adult;

m. Unlawful throwing, placing, or discharging of a destructive device or bomb;

n. Carjacking;

o. Home-invasion robbery;

p. Aggravated stalking;

q. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); or

r. Human trafficking

and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 15 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph 1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.

3. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph 1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.

(d) It is the intent of the Legislature that offenders who possess, carry, display, use, threaten to use, or attempt to use a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001 be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.

(e) As used in this subsection, the term:

1. “High-capacity detachable box magazine” means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges.

2. “Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle.

(4) For purposes of imposition of minimum mandatory sentencing provisions of this section, with respect to a firearm, the term “possession” is defined as carrying it on the person. Possession may also be proven by demonstrating that the defendant had the firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense, if proven beyond a reasonable doubt.

(5) This section does not apply to law enforcement officers or to United States military personnel who are performing their lawful duties or who are traveling to or from their places of employment or assignment to perform their lawful duties.

History.—s. 9, ch. 74-383; s. 1, ch. 75-7; s. 3, ch. 75-298; s. 2, ch. 76-75; s. 51, ch. 83-215; s. 3, ch. 89-306; s. 2, ch. 90-124; s. 2, ch. 90-176; s. 19, ch. 95-184; s. 9, ch. 95-195; s. 15, ch. 96-322; s. 55, ch. 96-388; s. 14, ch. 97-194; s. 1, ch. 99-12; s. 88, ch. 2000-158; s. 5, ch. 2000-320; s. 11, ch. 2005-128; s. 4, ch. 2011-200; s. 1, ch. 2012-74; s. 3, ch. 2014-176; s. 2, ch. 2014-195; s. 1, ch. 2016-7; s. 121, ch. 2019-167; s. 1, ch. 2023-87.

F.S. 775.087 on Google Scholar

F.S. 775.087 on Casetext

Amendments to 775.087

Arrestable Offenses / Crimes under Fla. Stat. 775.087

Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.087 1a - AGGRAV BATTERY - REMOVED - F: L

S775.087 1a - WEAPON OFFENSE - REMOVED - F: L

S775.087 1a - AGGRAV BATTERY - COMMIT 1ST DEGREE FELONY W AGG BATT - F: L

S775.087 1a - WEAPON OFFENSE - COMMIT 1ST DEGREE FELONY W WEAPON - F: L

S775.087 1b - AGGRAV BATTERY - REMOVED - F: F

S775.087 1b - WEAPON OFFENSE - REMOVED - F: F

S775.087 1b - AGGRAV BATTERY - COMMIT 2ND DEGREE FELONY W AGG BATT - F: F

S775.087 1b - WEAPON OFFENSE - COMMIT 2ND DEGREE FELONY W WEAPON - F: F

S775.087 1c - AGGRAV BATTERY - REMOVED - F: S

S775.087 1c - WEAPON OFFENSE - REMOVED - F: S

S775.087 1c - AGGRAV BATTERY - COMMIT 3RD DEGREE FELONY W AGG BATT - F: S

S775.087 1c - WEAPON OFFENSE - COMMIT 3RD DEGREE FELONY W WEAPON - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 775.087

Total Results: 20

Eduardo Acosta v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

Snippet: ” to the 20-year mandatory minimum found in § 775.087(2), Florida Statutes. The Defendant timely appealed…element of the sentencing enhancement found in § 775.087(2)(a)2., but was not an element of the underlying…minimum sentence of 20 years in prison. See § 775.087(2)(a)2., Fla. Stat. (2024) (“Any person who is…felony,” which is substantially the same phrase. § 775.087(2)(a)2., Fla. Stat. (2024). Under these

Anthawn Ragan, Jr. v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: from a first-degree felony to a life felony. § 775.087(1)(a), Fla. Stat. (2013) (providing generally for…mandatory minimum under the 10/20/Life statute. See § 775.087(2)(a)3., Fla. Stat. (2013) (requiring imposition

Carissa Parker v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: required, and a life sentence was possible. See § 775.087(2)(a)3., Fla. Stat. (2019). After accepting

Bahram Azin v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: by life to a life felony pursuant to section 775.087(1)(a), Florida Statutes.2 The second 1 Much…already served in the county jail. 2 Section 775.087(1)(a), Florida Statutes (2017) provides in pertinent…sentence under the 10/20/Life statute, section 775.087(2)(a)1., Florida Statutes (2017). 3 The trial … by life to a life felony pursuant to section 775.087(1)(a), Florida Statutes (2017). The second finding…sentence under the 10/20/Life statute, section 775.087(2)(a)1., Florida use, or attempts to

Luis Sanchez v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

Snippet: minimum mandatory condition pursuant to section 775.087(2), Florida Statutes, due to his status as a Habitual…crime was not an offense enumerated in section 775.087(2). The trial court granted his motion and struck

Rowlin Rock v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: commission of the offense.” § 775.087(2)(a)1., Fla. Stat. (2022). Section 775.087(4), Florida Statutes (…imposing the mandatory minimum sentence under section 775.087(2)(a)1., Florida Statutes (2022). We affirm his…So. 3d 1213, 1219 (Fla. 1st DCA 2018). Section 775.087(2)(a)1. provides in pertinent part: “Any person…firearm during the commission of the offense.” § 775.087(4), Fla. Stat. (2022). Consistent with this definition…three-year mandatory minimum enhancement under section 775.087(2)(a)1.”); Swain v. State, 226 So. 3d 1002, 1004

Rowlin Rock v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

BACILIO ANTEMATE XOLO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-26T00:00:00-07:00

Snippet: four counts of child abuse. §§ 782.04(2), 777.04, 775.087, 827.03, Fla. Stat. (2022). E was shot in the

Pernell R. Roberts v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: and 3 incorrectly contain references to section 775.087, Florida Statutes (2020). Vicarious liability…Counts 1 and 3 to delete the references to section 775.087, Florida Statutes (2020), and (2) the written sentence

Todd Joseph Akers v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-12T00:00:00-07:00

Snippet: firearm, in violation of sections 790.23(1)(a) and 775.087(2)(a)(1), Florida Statutes (2002). We affirm but

Lougens Louis v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: MILLER, JJ. PER CURIAM. Affirmed. See § 775.087(2)(a)2., Fla. Stat. (2011) (“Any person who is

George Prince, Jr. v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-28T00:00:00-07:00

Snippet: judgment cites a firearm enhancement under section 775.087(2)(a)3., Florida Statutes, for both counts, which

Gary Cornel Melton v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

Snippet: felony to a first-degree felony pursuant to section 775.087(1), Florida Statutes, which permits reclassification…Freudenberger, 940 So. 2d at 552. Sections 775.085(1) and 775.087(1) are obvious sentence enhancement provisions.…involving application of sections 775.085(1) or 775.087(1) can easily be characterized as “sentencing errors…stated. But unlike sections 775.085(1) or 775.087(1), which merely provide a method to reclassify

Monique Haughton Worrell v. Ron D. DeSantis, Governor

Court: Fla. | Date Filed: 2024-06-06T00:00:00-07:00

Snippet: 2023), and gun crimes as set forth in sections 775.087(2)-(3) and 27.366, Florida Statutes (2023). It…27.366, 775.082(9), 775.084(1)(b), 775.084(4)(b), 775.087(2)-(3), and 893.135, Florida Statutes; limited

Darrius Prince Alexander Hepburn v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: felony to a first-degree felony pursuant to section 775.087(1), Florida Statutes. The trial court denied the

Nicol Maslo v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-21T00:00:00-07:00

Snippet: (2023); § 784.07(1)(e), Fla. Stat. (2023); § 775.087(4), Fla. Stat. (2023). Maslo filed an SYG motion

Steve Gallon, IV v. Sherea Green, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: a first-degree felony to a life felony. See § 775.087(1)(a), Fla. Stat. (2023) (“Unless otherwise

Jones v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-01T00:00:00-07:00

Snippet: sentenced Appellant under section 775.087, Florida Statutes. Under section 775.087(1)(b), when a defendant uses

KYLE Z. GULLO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-22T00:00:00-07:00

Snippet: felon. Both sentences were imposed under section 775.087(2), Florida Statutes (2014), and, under the terms…mandatory minimum prison sentence under section 775.087(2), Florida Statutes (2007), for the possession…consecutive mandatory minimum sentences under section 775.087(2) is improper where the offenses occurred during… My view, however, is that the text of section 775.087(2) permits Gullo’s consecutive sentences, although

Raymond Lillard, III v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: minimum sentences were imposed pursuant to section 775.087(2), Florida Statutes (2016), instead of the inapplicable