Florida Statutes
Fla. Stat. § 794.0115 (2025)
Dangerous sexual felony offender; mandatory sentencing.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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794.0115 Dangerous sexual felony offender; mandatory sentencing.—
(1) This section may be cited as the “Dangerous Sexual Felony Offender Act.”
(2) Any person who is convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s. 847.0145; or of any similar offense under a former designation, which offense the person committed when he or she was 18 years of age or older, and the person:
(a) Caused serious personal injury to the victim as a result of the commission of the offense;
(b) Used or threatened to use a deadly weapon during the commission of the offense;
(c) Victimized more than one person during the course of the criminal episode applicable to the offense;
(d) Committed the offense while under the jurisdiction of a court for a felony offense under the laws of this state, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in this state; or
(e) Has previously been convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s. 847.0145; of any offense under a former statutory designation which is similar in elements to an offense described in this paragraph; or of any offense that is a felony in another jurisdiction, or would be a felony if that offense were committed in this state, and which is similar in elements to an offense described in this paragraph,
is a dangerous sexual felony offender, who must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment. If the offense described in this subsection was committed on or after October 1, 2014, a person who qualifies as a dangerous sexual felony offender pursuant to this subsection must be sentenced to a mandatory minimum term of 50 years imprisonment up to, and including, life imprisonment.
(3) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.
(4) The offense described in subsection (2) which is being charged must have been committed after the date of commission of the last prior conviction for an offense that is a prior conviction described in paragraph (2)(e).
(5) It is irrelevant that a factor listed in subsection (2) is an element of an offense described in that subsection. It is also irrelevant that such an offense was reclassified to a higher felony degree under s. 794.023 or any other law.
(6) Notwithstanding s. 775.082(3), chapter 958, any other law, or any interpretation or construction thereof, a person subject to sentencing under this section must be sentenced to the mandatory term of imprisonment provided under this section. If the mandatory minimum term of imprisonment imposed under this section exceeds the maximum sentence authorized under s. 775.082, s. 775.084, or chapter 921, the mandatory minimum term of imprisonment under this section must be imposed. If the mandatory minimum term of imprisonment under this section is less than the sentence that could be imposed under s. 775.082, s. 775.084, or chapter 921, the sentence imposed must include the mandatory minimum term of imprisonment under this section.
(7) A defendant sentenced to a mandatory minimum term of imprisonment under this section 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, before serving the minimum sentence.
History.—s. 7, ch. 99-188; s. 1, ch. 2002-211; s. 1, ch. 2003-115; s. 3, ch. 2006-299; s. 4, ch. 2014-4.
Notes of Decisions
Cited in 37
cases (6 in the last 5 years), 2002–2025 · leading case: Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017).
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “§ 794.0115, Fla. Stat. (2015) (emphasis added).”
Tyrone Williams v. State of Florida, 189 So. 3d 288 (Fla. 1st DCA 2016). “Appellant was sentenced to life imprisonment as a dangerous sexual felony offender (“DSFO”) pursuant to section 794.0115, Florida Statutes (2009).”
Abrams v. State, 971 So. 2d 1033 (Fla. 4th DCA 2008). “§ 794.0115, Fla. Stat. (emphasis added). Abrams's counsel made a vague due process objection to the constitutionality of the statute without much argument.”
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). “which constitutes sexual battery” is used and 2) there is an additional element that the defendant was in a position of familial or custodial authority to the victim.”
Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). “Section 7 creates the new offense of repeat sexual batterer, section 794.0115, Florida Statutes (1999), and section 8 amends section 794.”
Britten v. State, 181 So. 3d 1215 (Fla. 1st DCA 2015). “011(3), Florida Statutes (2013), and was designated a dangerous, sexual felony offender under section 794.0115. On appeal, Appellant only challenges the 25-year mandatory minimum term resulting from this designation.”
Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). “(2015) (providing mandatory minimum sentence for any person who commits battery on a law enforcement officer and possessed a firearm “during the commission of the offense”); § 794.0115, Fla. Stat. (2015) (providing mandatory minimum sentence if the offender “used or threatened…”
Durant v. State, 94 So. 3d 669 (Fla. 5th DCA 2012). “§ 794.0115, Fla. Stat. (emphasis supplied).”
Wilkerson v. State, 143 So. 3d 462 (Fla. 5th DCA 2014). “*463 The purpose of section 794.0115 is to provide enhanced sentences for repeat sex offenders such as Wilkerson.”
Franklin v. State, 887 So. 2d 1063 (Fla. 2004). “Section 7: creates section 794.0115, which defines "repeat sexual batterer," provides procedures for determining repeat sexual batterer status, and creates a mandatory minimum sentence for persons who qualify.”
Carlos J. Acevedo v. State of Florida, 174 So. 3d 437 (Fla. 4th DCA 2015). “He argues the trial court erred in imposing a mandatory minimum twenty-five-year sentence pursuant to section 794.0115(2), Florida Statutes (2005), because his predicate crime did not satisfy the statute.”
Espinoza-Montes v. State, 113 So. 3d 847 (Fla. 2d DCA 2011). “Section 794.0115, the Dangerous Sexual Felony Offender Act (the Act), provides for enhanced sentencing for persons eighteen years of age or older who are convicted of certain listed offenses, including a violation of section 794.”
— 794.0115(2) — 20 cases
Tyrone Williams v. State of Florida, 189 So. 3d 288 (Fla. 1st DCA 2016). “Appellant was sentenced to life imprisonment as a dangerous sexual felony offender (“DSFO”) pursuant to section 794.0115, Florida Statutes (2009).”
Abrams v. State, 971 So. 2d 1033 (Fla. 4th DCA 2008). “§ 794.0115, Fla. Stat. (emphasis added). Abrams's counsel made a vague due process objection to the constitutionality of the statute without much argument.”
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “§ 794.0115, Fla. Stat. (2015) (emphasis added).”
Carlos J. Acevedo v. State of Florida, 174 So. 3d 437 (Fla. 4th DCA 2015). “He argues the trial court erred in imposing a mandatory minimum twenty-five-year sentence pursuant to section 794.0115(2), Florida Statutes (2005), because his predicate crime did not satisfy the statute.”
Britten v. State, 181 So. 3d 1215 (Fla. 1st DCA 2015). “011(3), Florida Statutes (2013), and was designated a dangerous, sexual felony offender under section 794.0115. On appeal, Appellant only challenges the 25-year mandatory minimum term resulting from this designation.”
— 794.0115(2)(a) — 3 cases
Britten v. State, 181 So. 3d 1215 (Fla. 1st DCA 2015). “011(3), Florida Statutes (2013), and was designated a dangerous, sexual felony offender under section 794.0115. On appeal, Appellant only challenges the 25-year mandatory minimum term resulting from this designation.”
Espinoza-Montes v. State, 113 So. 3d 847 (Fla. 2d DCA 2011). “Section 794.0115, the Dangerous Sexual Felony Offender Act (the Act), provides for enhanced sentencing for persons eighteen years of age or older who are convicted of certain listed offenses, including a violation of section 794.”
In Re Stand. Instruct. in Crim. Cases, No. 2007-6, 980 So. 2d 1054 (Fla. 2008).
— 794.0115(2)(b) — 5 cases
Espinoza-Montes v. State, 113 So. 3d 847 (Fla. 2d DCA 2011). “Section 794.0115, the Dangerous Sexual Felony Offender Act (the Act), provides for enhanced sentencing for persons eighteen years of age or older who are convicted of certain listed offenses, including a violation of section 794.”
Britten v. State, 181 So. 3d 1215 (Fla. 1st DCA 2015). “011(3), Florida Statutes (2013), and was designated a dangerous, sexual felony offender under section 794.0115. On appeal, Appellant only challenges the 25-year mandatory minimum term resulting from this designation.”
Fleming v. State, 75 So. 3d 397 (Fla. 5th DCA 2011).
Bruce v. State, 988 So. 2d 715 (Fla. 1st DCA 2008).
Casica v. State, 138 So. 3d 1093 (Fla. 4th DCA 2014).
— 794.0115(2)(c) — 2 cases
Wright v. State, 65 So. 3d 1092 (Fla. 3d DCA 2011).
Fleming v. State, 75 So. 3d 397 (Fla. 5th DCA 2011).
— 794.0115(2)(d) — 2 cases
Williams v. State, 83 So. 3d 1001 (Fla. 1st DCA 2012).
In Re Stand. Instruct. in Crim. Cases, No. 2007-6, 980 So. 2d 1054 (Fla. 2008).
— 794.0115(2)(e) — 8 cases
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “§ 794.0115, Fla. Stat. (2015) (emphasis added).”
Durant v. State, 94 So. 3d 669 (Fla. 5th DCA 2012). “§ 794.0115, Fla. Stat. (emphasis supplied).”
Wilkerson v. State, 143 So. 3d 462 (Fla. 5th DCA 2014). “*463 The purpose of section 794.0115 is to provide enhanced sentences for repeat sex offenders such as Wilkerson.”
Carlos J. Acevedo v. State of Florida, 174 So. 3d 437 (Fla. 4th DCA 2015). “He argues the trial court erred in imposing a mandatory minimum twenty-five-year sentence pursuant to section 794.0115(2), Florida Statutes (2005), because his predicate crime did not satisfy the statute.”
In re Stand. Jury Instructions in Crim. Cases-Instruction 11.16(A), 116 So. 3d 1223 (Fla. 2013).
— 794.0115(3) — 1 case
Britten v. State, 181 So. 3d 1215 (Fla. 1st DCA 2015). “011(3), Florida Statutes (2013), and was designated a dangerous, sexual felony offender under section 794.0115. On appeal, Appellant only challenges the 25-year mandatory minimum term resulting from this designation.”
— 794.0115(4) — 1 case
Jury Instructions in Crim. Cases-No. 2005-1, 953 So. 2d 495 (Fla. 2007).
— 794.0115(6) — 6 cases
Abrams v. State, 971 So. 2d 1033 (Fla. 4th DCA 2008). “§ 794.0115, Fla. Stat. (emphasis added). Abrams's counsel made a vague due process objection to the constitutionality of the statute without much argument.”
Tyrone Williams v. State of Florida, 189 So. 3d 288 (Fla. 1st DCA 2016). “Appellant was sentenced to life imprisonment as a dangerous sexual felony offender (“DSFO”) pursuant to section 794.0115, Florida Statutes (2009).”
Wilkerson v. State, 143 So. 3d 462 (Fla. 5th DCA 2014). “*463 The purpose of section 794.0115 is to provide enhanced sentences for repeat sex offenders such as Wilkerson.”
Fleming v. State, 75 So. 3d 397 (Fla. 5th DCA 2011).
Tyrone Williams v. State of Florida (Fla. 2017).
— 794.0115(7) — 2 cases
Mastay v. McDonough, 928 So. 2d 512 (Fla. 1st DCA 2006).
Tyrone Williams v. State of Florida (Fla. 2017).
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