Annotations, Discussions, Cases:
Cases Citing Statute 794.0115
Total Results: 34
818 So. 2d 544, 2002 WL 80256
District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1652812
Cited 41 times | Published
...99-188, § 2, at 1040-42; § 4, at 1050-51; § 5, at 1051; § 9, at 1056-62; § 10, at 1062-81; § 12, at 1081, Laws of Fla. Three sections in the act involve substantive criminal provisions. Section 7 creates the new offense of repeat sexual batterer, section 794.0115, Florida Statutes (1999), and section 8 amends section 794.011, Florida Statutes (1997), to conform to the new crime created in section 7....
887 So. 2d 1063, 2004 WL 2197021
Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 308391
Cited 21 times | Published
...Section 5: amends section 784.08 to provide a mandatory minimum sentence for aggravated assault on a person 65 years or older and for aggravated battery on a person 65 years or older. Section 6: amends references to section 775.084 found in section 790.235, in conformity with section 3. 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. Section 8: amends section 794.011, wherein the crime "sexual battery" is defined, to refer to new section 794.0115 in punishment provisions....
...790.235, F.S., relating to prohibitions against, and penalties for, unlawful possession or other unlawful acts involving firearm, electric weapon or device, or concealed weapon by a violent career criminal; conforming cross references to changes made by the *1084 act; creating s. 794.0115, F.S.; defining "repeat sexual batterer"; providing within the definition a category of enumerated felony offenses in violation of s....
953 So. 2d 495, 32 Fla. L. Weekly Supp. 113, 2007 Fla. LEXIS 559, 2007 WL 924203
Supreme Court of Florida | Filed: Mar 29, 2007 | Docket: 1332678
Cited 9 times | Published
...We decline to authorize instruction 11.14Dangerous Sexual Felony Offender, *496 for publication and use pending further study and a report by the Committee. Instruction 11.14 would create a new jury instruction for the classification of "Dangerous Sexual Felony Offender." The proposal derives from the rewording of section 794.0115, Florida Statutes, in chapter 2003-115, Laws of Florida, to include a mandatory minimum sentence of twenty-five years of imprisonment for those classified as dangerous sexual felony offenders under the "Dangerous Sexual Offender Act." Under the statutory scheme, a defendant may be adjudicated a dangerous sexual felony offender if he or she is convicted of committing certain enumerated offenses, see § 794.0115(2), Fla. Stat. (2006), as well as having done so under five alternative circumstances. We are concerned with the proposal in respect to the alternative circumstance under section 794.0115(2)(e), that the defendant "[h]as previously been convicted of a violation of [various statutes]." Unlike section 794.0115(4), Florida Statutes, the proposed instruction does not include qualifying language for "previously been convicted." Section 794.0115(4) provides that "[t]he 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...
979 So. 2d 301, 2008 WL 678657
District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1714088
Cited 6 times | Published
...hild less than twelve years of age in violation of section 800.04(5)(a)(b), Florida Statutes (2004). The State contends that the trial court was required to impose the minimum mandatory sentence set forth in the Dangerous Sexual Felony Offender Act, section 794.0115, Florida Statutes (2004), because Mr....
971 So. 2d 1033, 2008 WL 140963
District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1446118
Cited 5 times | Published
...*1034 Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee. WARNER, J. Abrams appeals two life sentences imposed upon him pursuant to the Dangerous Sexual Felony Offender Act ("DSFO Act"), section 794.0115, Florida Statutes (2004)....
...(6)(a), (b), Florida Statutes (2004), by committing lewd or lascivious conduct. [1] A jury found him guilty of both offenses. The state requested that the court classify Abrams as a dangerous sexual felony offender ("DSFO") pursuant to the DSFO Act, section 794.0115, Florida Statutes (2004)....
...If the *1035 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. § 794.0115, Fla....
...State, 614 So.2d 486 (Fla.1993), and the court has some discretion in the determination of habitual offender status, see section 775.084(4)(e) (court may find that habitual offender designation is not necessary for the protection of the public), no discretion exists under section 794.0115....
...se, a mandatory sentence of twenty-five years to life is imposed. So as to make its intention unmistakable, the legislature also provided that this mandatory sentence trumps all other types of sentencing statutes which might yield a lesser sentence. § 794.0115(6), Fla....
...However, the trial court sentenced him to life both on his conviction in count one for violating section 800.04(4)(a), Florida Statutes (2004), and in count two for violating section 800.04(6)(a), (b), Florida *1037 Statutes (2004). In order to qualify as a DSFO, section 794.0115 provides that the most recent conviction must be based on a violation of a list of crimes, including section 800.04(4) or (5). § 794.0115(2), Fla....
172 So. 3d 893, 2015 Fla. App. LEXIS 11352
District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679137
Cited 3 times | Published
...ally
possess a firearm or destructive device); § 784.07(3), Fla. Stat. (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....
83 So. 3d 1001, 2012 WL 1034490, 2012 Fla. App. LEXIS 4923
District Court of Appeal of Florida | Filed: Mar 29, 2012 | Docket: 2571569
Cited 1 times | Published
...The appellant's convictions and sentences are affirmed. The appellant was on probation for an attempted sexual battery when he committed the sexual battery and robbery in this case, and his status as a probationer satisfied the requirement for an enhanced sentence as a dangerous sexual offender under section 794.0115(2)(d), Florida Statutes, that the appellant be "under the jurisdiction of a court for a felony offense" when he committed the sexual battery....
190 So. 3d 1055, 2016 WL 1460708
Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053710
Cited 1 times | Published
Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. This instruction was adopted
District Court of Appeal of Florida | Filed: Sep 5, 2016 | Docket: 4419308
Published
form related to whether appellant violated section 794.0115, Florida Statutes (2013).
District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68043003
Published
mandatory minimum be removed on count VI based on section 794.0115(2), Florida Statutes (2019). Id. at 57 n.1
District Court of Appeal of Florida | Filed: May 8, 2017 | Docket: 6063778
Published
information. The judgment should have cited section 794.0115, Florida Statutes (2006), as the authority
174 So. 3d 437, 2015 Fla. App. LEXIS 11397, 2015 WL 4549626
District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679174
Published
...Hamel,
Assistant Attorney General, West Palm Beach, for appellee.
MAY, J.
The defendant appeals an order summarily denying his rule 3.800(a)
motion. 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.
We disagree and affirm.
A jury convicted the defendant of lewd and lascivious battery, three
counts of lewd and lascivious molestation, and lewd and lascivious
conduct. The court found him to be a sexual predator and sentenced him
to life in prison on each count, to run concurrently. The court declared
him to be a dangerous sexual felony offender (“DSFO”), pursuant to section
794.0115(2), Florida Statutes, and imposed a mandatory minimum
twenty-five-year sentence.
The defendant did not raise a sentencing issue in either his direct
appeal or subsequent rule 3.850 motion....
...We disagree.
The DSFO statute enumerates various qualifying prior offenses,
including violations of sections 800.04(4) and (5), but also includes “any
offense under a former statutory designation which is similar in elements
to an offense described in this paragraph.” § 794.0115(2)(e), Fla....
District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084937
Published
480 (Fla. 4th DCA 2016), and on count VI, see § 794.0115(2), Fla. Stat. (2019). On remand, we direct the
206 So. 3d 150, 2016 Fla. App. LEXIS 18180
District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4550690
Published
1 Because the plain language of section 794.0115(2), Florida Statutes (2012), allows the trial
Supreme Court of Florida | Filed: Dec 21, 2017 | Docket: 6245757
Published
CANADY, J. In this case we examine section 794.0115, Florida Statutes (2009)—also known as Florida’s
District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455315
Published
the elements of the offense alone. See, e.g., § 794.0115(2)(e), Fla. Stat. (stating an out-of-state prior
9 So. 3d 1273, 2009 Fla. App. LEXIS 3857, 2009 WL 1139219
District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1667210
Published
...avated battery on a pregnant woman did not qualify as a violent felony offense under section 775.084, Florida Statutes (2005). He next asserts that imposing habitual violent felony offender and dangerous sexual felony offender sanctions, pursuant to section 794.0115, Florida Statutes (2005), constitutes an improper double enhancement and violated his right to substantive due process....
...lascivious exhibition (Count V). The State also announced that it intended to seek habitual violent felony offender (HVFO) sanctions, pursuant to § 775.084, Florida Statutes (2005), and dangerous sexual felony offender (DSFO) sanctions, pursuant to § 794.0115, Florida Statutes (2005)....
980 So. 2d 1054, 2008 WL 1744590
Supreme Court of Florida | Filed: Apr 17, 2008 | Docket: 1735731
Published
...ndard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const. New instructions 11.16 and 11.16(a) pertain to the classification of "Dangerous Sexual Felony Offender." The instructions derive from the rewording of section 794.0115, Florida Statutes, by chapter 2003-115, Laws of Florida, to include a mandatory minimum sentence of twenty-five years of imprisonment for those found to have violated the Dangerous Sexual Offender Act. Instruction 11.16 covers three of the five possible bases for a determination that the defendant is a dangerous sexual felony offender under section 794.0115....
...y to the victim as a result of the commission of the offense, used or threatened to use a deadly weapon during the commission of the offense, or victimized more than one person during the course of the criminal episode applicable to the offense. See § 794.0115(2)(a)-(c), Fla. Stat. (2007). New instruction 11.16(a) covers the other two bases for enhancement under section 794.0115 and is intended only to be given if the State is seeking an enhanced penalty based on the defendant's status of being on probation or community control, § 794.0115(2)(d), or the offender was previously convicted of a qualifying offense. § 794.0115(2)(e)....
...The instructions as set forth in the appendix [1] shall be effective when this opinion becomes final. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX 11.16 DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. (For crimes committed on or after July 1, 2003.) *1056 If you find (defendant) guilty of (felony, as identified by section 794.0115(2), Fla....
...victimized more than one person during the course of the criminal episode applicable to the offense. Definition. "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement. Comment This instruction was adopted in 2008. 11.16(a) DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. (For crimes committed on or after July 1, 2003.) (For use when defendant has been found guilty of s. 794.0115(2)(d) or (e), Fla. Stat.). Having found (defendant) guilty of (felony, as identified by section 794.0115(2), Fla....
...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. b. had been convicted of (felony, as identified by section 794.0115(2)(e), Fla....
