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Florida Statute 775.0875 - Full Text and Legal Analysis Florida Statute 775.0875 | Lawyer Caselaw & Research
Fla. Stat. § 775.0875 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
775.0875 Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties.—
(1) A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows:
(a)1. In the case of a felony of the first degree, to a life felony.
2. In the case of a felony of the second degree, to a felony of the first degree.
3. 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 that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(b) In the case of a misdemeanor, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.
(3) A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 89-157; s. 17, ch. 93-406; s. 22, ch. 95-184; s. 56, ch. 96-388; s. 15, ch. 97-194.

Arrestable Offenses under F.S. 775.0875

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§775.0875(1)WEAPON OFFENSETAKE LAW ENFORCEMENT OFFIC FIREARM ENG IN DUTYF · 3rd
§775.0875(1)WEAPON OFFENSEREMOVEDF · 3rd
§775.0875(3)WEAPON OFFENSEUNLAWFUL POSS LAW ENFORCEMENT OFFICER FIREARMM · 1st
§775.0875(2a1)WEAPON OFFENSEREMOVEDF
§775.0875(2a1)WEAPON OFFENSETAKE LEO FIREARM COMMIT FELONY 1ST DEGREEF
§775.0875(2a2)WEAPON OFFENSETAKE LEO FIREARM COMMIT FELONY 2ND DEGREEF · 1st
§775.0875(2a2)WEAPON OFFENSEREMOVEDF · 1st
§775.0875(2a3)WEAPON OFFENSETAKE LEO FIREARM COMMIT FELONY 3RD DEGREEF · 2nd
§775.0875(2a3)WEAPON OFFENSEREMOVEDF · 2nd

Cases Citing F.S. 775.0875

Fla. Stat. § 775.0875 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002).

Cited 153 times | Published | Supreme Court of Florida | 2002 WL 31386790

...section 775.0845, Florida Statutes (2001), wearing a mask during the commission of a crime; section 775.085, Florida Statutes (2001), hate crimes; section 775.087, Florida Statutes (2001), possession of a weapon during the commission of a crime; and section 775.0875, Florida Statutes (2001), use of a firearm taken from a law enforcement officer....
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Overruled(citing case) (2019)
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Abrogated(citing case) (2016)
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AbrogatedEx parte State (2016)
phrase: "abrogated by"
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·In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992).

Cited 9 times | Published | Supreme Court of Florida | 1992 WL 246494

...The Form for Charges, Costs, and Fees is *228 amended to increase the amount to be paid into the Crimes Compensation Trust Fund as required by chapter 92-107, Laws of Florida. The Form for Sentencing is amended to add a checkoff paragraph imposing mandatory minimum sentence for violation of section 775.0875, Florida Statutes (1991)....
...m sentence provisions of section 893.20, Florida Statutes, are hereby imposed for the sentence specified in this court. Taking a Law Enforcement Officer's Firearm ____ It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count....
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Cited as authority(citing case) (2024)
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Cited as authorityThomas (2000)
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Cited as authorityBeverly (1999)
phrase: "rule_authority"
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·Gamble v. State, 723 So. 2d 905 (Fla. 5th DCA 1999).

Cited 7 times | Published | Florida 5th District Court of Appeal | 1999 WL 4950

...Second, effective October 1, 1996, rule 3.703(c)(2) of the Florida Rules of Criminal Procedure was amended to provide: "An offense does not become unlisted and subject to the provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023." See Amendments to Florida Rules of Criminal Procedure re: Sentencing Guidelines, 685 So.2d 1213,1214 (Fla.1996)....
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Cited as authority(citing case) (2006)
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·In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009).

Cited 7 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

...tatutes, are hereby imposed for the sentence specified in this count. (Offenses committed before January 1, 1994). Taking a Law Enforcement Officer's Firearm ____ It is further ordered that the 3-year mandatory minimum imprisonment *551 provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count....
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Adopted(citing case) (2017)
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Adopted(citing case) (2017)
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Cited as authorityGardner (2016)
phrase: "rule_authority"
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·Cabal v. State, 678 So. 2d 315 (Fla. 1996).

Cited 13 times | Published | Supreme Court of Florida | 1996 WL 316124

...ssification of offenses in other statutes. See, e.g., § 775.087, Fla.Stat. (1993) (possessing or using a weapon during the course of a felony requires that the " felony ... be reclassified "as an offense of the next higher degree) (emphasis added); § 775.0875, Fla.Stat....
...(1995) (emphasis added). Although this provision speaks to reclassification, Cabal was sentenced under the 1993 version of the statute, which does not contain that language. Moreover, this boilerplate provision was added to numerous other statutes. See, e.g., § 775.0875, Fla.Stat....
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Superseded(citing case) (2007)
phrase: "superseded by"
Cited as authoritySumpter (2003)
phrase: "rule_authority"
Cited as authorityDickerson (2001)
phrase: "rule_authority"
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·Spicer v. State, 615 So. 2d 725 (Fla. 2d DCA 1993).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 1993 WL 33807

...State, 576 So.2d 1310 (Fla. 1991). If the legislature had intended section 775.0845 to reclassify offenses, it would have so stated, as it did in section 775.087, Florida Statutes (1989): "Possession or use of weapon; aggravated battery; felony reclassification; " and in section 775.0875, Florida Statutes (1989): "Unlawful taking, possession, or use of a law enforcement officer's firearm; crime reclassification; ... ." (Emphasis added.) In fact, section 775.0875 is similar to the habitual offender statute, in that neither of the enhanced penalty statutes reclassify the degree of the offense....
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Cited as authorityPethtel (2015)
phrase: "rule_authority"
AffirmedSolone (1997)
phrase: "affirmed in"
Cited as authorityCabal (1996)
phrase: "rule_authority"
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·Amendments to the Florida Rules of Crim. Procedure, 886 So. 2d 197 (Fla. 2004).

Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for
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Cited as authority(citing case) (2024)
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Cited as authorityDowd (2017)
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AdoptedDowd (2017)
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·In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018).

Cited 1 times | Published | Supreme Court of Florida

...(E) Aa life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification of the degree of felony under section 775.0845, section 775.087, section 775.0875, or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense. (d) General Rules and Definitions. (1) One or more Criminal Punishment Code scoresheets must be p...
...levels 3, 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one1 offense level beneath the incomplete or inchoate offense. (11) An increase in offense severity level may result from a reclassification of felony degrees under sections 775.0845, 775.087, 775.0875, or 794.023, Florida Statutes....
...If the primary offense is a violation of subsection 775.0823(5), (6), (7), (8), or (9), Florida Statutes, the subtotal - 39 - sentence points are multiplied by 2.0. If the primary offense is a violation of section 784.07(3) or 775.0875(1), Florida Statutes, or the Law Enforcement Protection Act under subsection 775.0823(10) or (11), Florida Statutes, the subtotal sentence points are multiplied by 1.5. (21) If the primary offense is grand theft of the third d...
...Florida Statutes, are hereby imposed for the sentence specified in this count. (Offenses committed before January 1, 1994.) Taking a Law Enforcement Officer’s Firearm It is further ordered that the 3–year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count....
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Cited as authority(citing case) (2025)
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·Newman v. State, 738 So. 2d 981 (Fla. 2d DCA 1999).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 24 Fla. L. Weekly Fed. D 1619

...The supreme court noted this amendment, but stated: Although this provision speaks to reclassification, Cabal was sentenced under the 1993 version of the statute, which does not contain that language. Moreover, this boilerplate provision was added to numerous other statutes. See, e.g., § 775.0875, Fla.Stat....
..., which speaks to reclassification. The State also points out that Florida Rule of Criminal Procedure 3.703(d)(11) states that an "increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023 [,]" and that rule 3.703(c)(2) provides that "[a]n offense does not become unlisted and subject to the provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023." (Emphases supplied.) We note that language corresponding to the latter rule provision has been included in section 921.0022(2), Florida Statutes (Supp.1998)....
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Cited as authoritySumpter (2003)
phrase: "rule_authority"
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·In Re Amendments to the Florida Rules of Crim. Procedure, 188 So. 3d 764 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

...(Offenses committed before January 1, 1994.) - 30 - Taking a Law Enforcement Officer’s Firearm It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count....
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Cited as authority(citing case) (2018)
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Cited as authority(citing case) (2018)
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Cited as authority(citing case) (2017)
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In re Adoption of Florida Rules of Crim. Procedure 3.704 & 3.992 to Implement the Florida Crim. Punishment Code, 721 So. 2d 265 (Fla. 1998).

Cited 1 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 497, 1998 Fla. LEXIS 1829, 1998 WL 650579

...(D) A felony of the first degree punishable by life within offense level 9. (E) A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense....
...4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one offense level beneath the incomplete or inchoate offense. (11) An increase in offense severity level may result from a reclassification of felony degrees pursuant to sections 775.0845, 775.087, 775.0875, or....
...If the primary offense is a violation of subsection 775.0823(3), (4), (5), (6), (7), or (8) the subtotal sentence points are multiplied by a factor of 2.0. If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823(9) or (10) or section 784.07(3), Florida Statutes, or section 775.0875(1), the subtotal sentence points are multiplied by a factor of 1.5....
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In Re Amendments to Fl. Rules of Crim. Procedure, 998 So. 2d 1128 (Fla. 2008).

Cited 1 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

...m sentence provisions of section 893.20, Florida Statutes, are hereby imposed for the sentence specified in this count. Taking a Law Enforcement Officer's Firearm ____ It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count....
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·Amendments to Florida Rules of Crim. Procedure 3.704 & 3.992, 810 So. 2d 826 (Fla. 2001).

Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811

...(D) A felony of the first degree punishable by life within offense level 9. (E)A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification of the degree of felony pursuaet-tounder section 775.0845, section 775.087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense....
..., 8, 9, and 10 must be scored as felonies one offense level beneath the incomplete or inchoate offense. *829 (11) An increase in offense severity level may result from a reclassification of felony degrees pursuant founder sections 775.0845, 775.087, 775.0875, or 794.023....
...If the primary offense is a violation of subsection 775.0823(3), (4), (5), (6), (7), or (8) the subtotal sentence points are multiplied by a factor of 2.0. If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823(9) or (10) or section 784.07(3), Florida Statutes, or section 775.0875(1), the subtotal sentence points are multiplied by a factor of 1.5....
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Cited as authorityVonador (2003)
phrase: "rule_authority"
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·Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 660 So. 2d 1374 (Fla. 1995).

Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 490, 1995 Fla. LEXIS 1555, 1995 WL 555322

...els 3, 4, 5, 6, 7, 8, 9, and 10 are to be scored as felonies one offense level beneath the incomplete or inchoate offense. (11) An increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023....
...If the primary offense is a violation of subsec *1378 tion 775.0823(3), (4), (5), (6), (7), or (8) the subtotal sentence points are multiplied by a factor of 2.0. If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823(9) or (10) or section 784.07(3) or section 775.0875(1), the subtotal sentence points are multiplied by a factor of 1.5....
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AdoptedSailor (1997)
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Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 685 So. 2d 1213 (Fla. 1996).

Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 407, 1996 Fla. LEXIS 1631, 1996 WL 547189

pursuant to section 775.08Í5, section 775.087, section 775.0875 or section 79^.023. (d)General Rules and Definitions
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In Re: Amendments to the Florida Rules of Crim. Procedure - 2018 Regular-Cycle Report (Fla. 2018).

Published | Supreme Court of Florida

...(E) Aa life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification of the degree of felony under section 775.0845, section 775.087, section 775.0875, or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense. (d) General Rules and Definitions. (1) One or more Criminal Punishment Code scoresheets must be p...
...levels 3, 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one1 offense level beneath the incomplete or inchoate offense. (11) An increase in offense severity level may result from a reclassification of felony degrees under sections 775.0845, 775.087, 775.0875, or 794.023, Florida Statutes....
...subtotal sentence points are multiplied by 2.5. If the primary offense is a violation of subsection 775.0823(5), (6), (7), (8), or (9), Florida Statutes, the subtotal sentence points are multiplied by 2.0. If the primary offense is a violation of section 784.07(3) or 775.0875(1), Florida Statutes, or the Law Enforcement - 38 - Protection Act under subsection 775.0823(10) or (11), Florida Statutes, the subtotal sentence points are multiplied by 1.5. (21) I...
...Florida Statutes, are hereby imposed for the sentence specified in this count. (Offenses committed before January 1, 1994.) Taking a Law Enforcement Officer’s Firearm It is further ordered that the 3–year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count....
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In Re: Amendments to the Florida Rules of Crim. Procedure - Corrected Opinion (Fla. 2016).

Published | Supreme Court of Florida

...osed for the sentence specified in this count. (Offenses committed before January 1, 1994.) Taking a Law Enforcement Officer’s Firearm . It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count....
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In Re: Amendments to the Florida Rules of Crim. Procedure – Corrected Opinion (Fla. 2016).

Published | Supreme Court of Florida

...osed for the sentence specified in this count. (Offenses committed before January 1, 1994.) Taking a Law Enforcement Officer’s Firearm . It is further ordered that the 3-year mandatory minimum imprisonment provision of section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count....
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Amendment to Florida Rule of Crim. Procedure 3.704(d)(23), 763 So. 2d 997 (Fla. 1999).

Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 570, 1999 Fla. LEXIS 2166, 1999 WL 1132900

pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023, Florida Statutes, or any
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Flowers v. State, 627 So. 2d 1340 (Fla. 2d DCA 1993).

Published | Florida 2nd District Court of Appeal | 1993 Fla. App. LEXIS 12355, 1993 WL 524108

(1989). . § 944.40, Fla.Stat. (1989). . § 775.0875, Fla.Stat. (1989).

This Florida statute resource is curated by this site's author, 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.