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.
(c) In the case of a felony of the third degree, to a felony of the second 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. The court shall impose the minimum term of imprisonment required under paragraph (a) for each qualifying felony offense for which the person is convicted. If the offender is convicted of multiple felony offenses for which paragraph (a) requires the imposition of a minimum term of imprisonment, the court shall impose any such terms of imprisonment consecutively.
(e) If an offender commits a felony enumerated in subparagraph (a)1. in conjunction with any other felony offense not enumerated in subparagraph (a)1., the court may impose any term of imprisonment provided for in paragraph (a) consecutively to any other term of imprisonment imposed for any other felony offense not enumerated in subparagraph (a)1.
(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. (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 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. The court shall impose the minimum term of imprisonment required under paragraph (a) for each qualifying felony offense for which the person is convicted. If the offender is convicted of multiple felony offenses for which paragraph (a) requires the imposition of a minimum term of imprisonment, the court shall impose any such terms of imprisonment consecutively. (e) If an offender commits a felony enumerated in subparagraph (a)1. in conjunction with any other felony offense not enumerated in subparagraph (a)1., the court may impose any term of imprisonment provided for in paragraph (a) consecutively to any other term of imprisonment imposed for any other felony offense not enumerated in subparagraph (a)1.
(f) 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; s. 4, ch. 2025-81.
Notes of Decisions
Connolly, Jr. v. State (2015)
fladistctapp · cites it 329×
“See § 775.087. Because the defect was not the omission of an essential element of the crime, 3 The elements of second degree murder are: (1) the victim is dead; (2) the death was caused by the criminal act of the defendant; and (3) there was an unlawful killing of the victim “by…”
Ronald Williams v. State of Florida (2016)
fla · cites it 71×
“Paragraph (2)(a) sets forth the mandatory minimum terms of imprisonment a trial court must impose when a -5- defendant possesses or uses a firearm during the commission of a qualifying felony.”
Mendenhall v. State (2010)
fla · cites it 178×
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
Walton v. State (2013)
fladistctapp · cites it 39×
“The first is whether the trial court correctly imposed consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statute, when Ap *524 pellant’s crimes were all committed during a single episode.”
Leronnie Lee Walton v. State of Florida (2016)
fla · cites it 21×
“The majority says that one of the errors identified by Walton was the trial court’s conclusion “that section 775.087, Florida Statutes—the 10-20-Life statute— required Walton’s sentences to be imposed consecutively.”
Adam Lloyd Shepard v. State of Florida (2018)
fla · cites it 39×
“This Court then determined that “the obvious legislative intent reflected by section 775.087 is to provide harsher punishment for, and hopefully deter, those persons who use instruments commonly recognized as having the purpose to inflict death and serious bodily injury upon…”
Darriue Montgomery v. State (2017)
fladistctapp · cites it 23×
“§ 775.087(2), Fla. Stat. (2012). Nonetheless, he or she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.”
State v. Sousa (2005)
fla · cites it 23×
“The consecutive sentences totaled 105 years of imprisonment, with a mandatory minimum sentence of fifty-three years pursuant to the enhancement provisions of section 775.087, Florida Statutes (1999), the "10-20-life" statute.”
Ivory Lee Robinson v. State of Florida (2017)
fladistctapp · cites it 22×
“The Amended Information also charged section 775.087, Florida Statutes, the sentencing enhancement provision, also known as the “10-20-Life” law.”
Mesa v. State (1994)
fladistctapp · cites it 38×
“is an essential element of the crime charged under the above statutes, we conclude that (1) the defendant waived this defect in the information by failing to file a motion to dismiss the information based on such omission, and (2) the above judgment of conviction and sentence…”
McDonald v. State (2007)
fla · cites it 16×
“§ 775.087, Fla. Stat. (2000). McDonald was convicted after jury trial of five felony counts: carjacking with a firearm, two counts of robbery with a firearm, aggravated fleeing and eluding, and grand theft auto.”
Cortez Hatten v. State of Florida (2016)
fla · cites it 14×
“And “[t]he mandatory minimum sentences differ depending on whether the defendant possessed the firearm, discharged the firearm, or discharged the firearm and inflicted death or great bodily harm.”
— 775.087(1) — 357 cases
Connolly, Jr. v. State (2015)
fladistctapp
“See § 775.087. Because the defect was not the omission of an essential element of the crime, 3 The elements of second degree murder are: (1) the victim is dead; (2) the death was caused by the criminal act of the defendant; and (3) there was an unlawful killing of the victim “by…”
Adam Lloyd Shepard v. State of Florida (2018)
fla
“This Court then determined that “the obvious legislative intent reflected by section 775.087 is to provide harsher punishment for, and hopefully deter, those persons who use instruments commonly recognized as having the purpose to inflict death and serious bodily injury upon…”
— 775.087(1)(2) — 1 case
— 775.087(1)(a) — 99 cases
— 775.087(1)(b) — 66 cases
Mesa v. State (1994)
fladistctapp
“is an essential element of the crime charged under the above statutes, we conclude that (1) the defendant waived this defect in the information by failing to file a motion to dismiss the information based on such omission, and (2) the above judgment of conviction and sentence…”
— 775.087(1)(c) — 13 cases
— 775.087(1)(d) — 1 case
— 775.087(2) — 613 cases
Ronald Williams v. State of Florida (2016)
fla
“Paragraph (2)(a) sets forth the mandatory minimum terms of imprisonment a trial court must impose when a -5- defendant possesses or uses a firearm during the commission of a qualifying felony.”
Darriue Montgomery v. State (2017)
fladistctapp
“§ 775.087(2), Fla. Stat. (2012). Nonetheless, he or she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.”
Leronnie Lee Walton v. State of Florida (2016)
fla
“The majority says that one of the errors identified by Walton was the trial court’s conclusion “that section 775.087, Florida Statutes—the 10-20-Life statute— required Walton’s sentences to be imposed consecutively.”
— 775.087(2)(1997) — 1 case
— 775.087(2)(a) — 337 cases
Ronald Williams v. State of Florida (2016)
fla
“Paragraph (2)(a) sets forth the mandatory minimum terms of imprisonment a trial court must impose when a -5- defendant possesses or uses a firearm during the commission of a qualifying felony.”
Connolly, Jr. v. State (2015)
fladistctapp
“See § 775.087. Because the defect was not the omission of an essential element of the crime, 3 The elements of second degree murder are: (1) the victim is dead; (2) the death was caused by the criminal act of the defendant; and (3) there was an unlawful killing of the victim “by…”
Mesa v. State (1994)
fladistctapp
“is an essential element of the crime charged under the above statutes, we conclude that (1) the defendant waived this defect in the information by failing to file a motion to dismiss the information based on such omission, and (2) the above judgment of conviction and sentence…”
— 775.087(2)(a)(1) — 38 cases
— 775.087(2)(a)(1)(a) — 2 cases
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(a)(1)(f) — 9 cases
— 775.087(2)(a)(1)(g) — 4 cases
— 775.087(2)(a)(1)(p) — 1 case
— 775.087(2)(a)(1)(q) — 2 cases
— 775.087(2)(a)(1)(r) — 1 case
— 775.087(2)(a)(2) — 23 cases
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(a)(3) — 52 cases
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
Cortez Hatten v. State of Florida (2016)
fla
“And “[t]he mandatory minimum sentences differ depending on whether the defendant possessed the firearm, discharged the firearm, or discharged the firearm and inflicted death or great bodily harm.”
— 775.087(2)(a)(8) — 1 case
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(a)(i) — 1 case
— 775.087(2)(a)(l) — 19 cases
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
Darriue Montgomery v. State (2017)
fladistctapp
“§ 775.087(2), Fla. Stat. (2012). Nonetheless, he or she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.”
— 775.087(2)(a)(l)(a) — 2 cases
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(a)(l)(f) — 2 cases
— 775.087(2)(a)(l)(q) — 1 case
— 775.087(2)(a)(l)(r) — 2 cases
— 775.087(2)(b) — 26 cases
Cortez Hatten v. State of Florida (2016)
fla
“And “[t]he mandatory minimum sentences differ depending on whether the defendant possessed the firearm, discharged the firearm, or discharged the firearm and inflicted death or great bodily harm.”
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(c) — 20 cases
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
McDonald v. State (2007)
fla
“§ 775.087, Fla. Stat. (2000). McDonald was convicted after jury trial of five felony counts: carjacking with a firearm, two counts of robbery with a firearm, aggravated fleeing and eluding, and grand theft auto.”
— 775.087(2)(d) — 93 cases
Ronald Williams v. State of Florida (2016)
fla
“Paragraph (2)(a) sets forth the mandatory minimum terms of imprisonment a trial court must impose when a -5- defendant possesses or uses a firearm during the commission of a qualifying felony.”
Walton v. State (2013)
fladistctapp
“The first is whether the trial court correctly imposed consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statute, when Ap *524 pellant’s crimes were all committed during a single episode.”
State v. Sousa (2005)
fla
“The consecutive sentences totaled 105 years of imprisonment, with a mandatory minimum sentence of fifty-three years pursuant to the enhancement provisions of section 775.087, Florida Statutes (1999), the "10-20-life" statute.”
— 775.087(2)(e) — 3 cases
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(f) — 1 case
— 775.087(2)(g) — 1 case
— 775.087(2)(l)(r) — 1 case
— 775.087(3) — 12 cases
— 775.087(3)(a) — 2 cases
— 775.087(3)(a)(2) — 1 case
— 775.087(3)(a)(3) — 2 cases
— 775.087(3)(b) — 2 cases
— 775.087(4) — 15 cases
— 775.087(4)(a) — 1 case
— 775.087(5) — 3 cases
— 775.087(6) — 2 cases
— 775.087(a)(1) — 1 case
— 775.087(b) — 1 case
— 775.087(c) — 1 case
— 775.087(l)(a) — 51 cases
Mendenhall v. State (2010)
fla
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(l)(b) — 40 cases
Walton v. State (2013)
fladistctapp
“The first is whether the trial court correctly imposed consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statute, when Ap *524 pellant’s crimes were all committed during a single episode.”
Cortez Hatten v. State of Florida (2016)
fla
“And “[t]he mandatory minimum sentences differ depending on whether the defendant possessed the firearm, discharged the firearm, or discharged the firearm and inflicted death or great bodily harm.”
— 775.087(l)(c) — 4 cases
— 775.087(l)(d) — 1 case
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.