Florida Statute 794.0115 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 794
SEXUAL BATTERY

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F.S. 794.0115

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;

(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.

F.S. 794.0115 on Google Scholar

F.S. 794.0115 on Casetext

Amendments to 794.0115

Arrestable Offenses / Crimes under Fla. Stat. 794.0115

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 794.0115.

Annotations, Discussions, Cases:

Cases Citing Statute 794.0115

Total Results: 20

Debose v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: the elements of the offense alone. See, e.g., § 794.0115(2)(e), Fla. Stat. (stating an out-of-state prior

Jeromee Saffold v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: minimum be removed on count VI based on section 794.0115(2), Florida Statutes (2019). Id. at 57 n.1. Finally

Garrett Statler v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2022-10-13

Snippet: s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. § 794.011(5)(b), Fla. Stat. Notably absent from

JEROMEE SAFFOLD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-01-06

Snippet: 480 (Fla. 4th DCA 2016), and on count VI, see § 794.0115(2), Fla. Stat. (2019). On remand, we direct the

William Casiano v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-12-25

Snippet: deadly weapon. §§ 794.011(3), 775.082(3)(a)3., 794.0115(2)(b), Fla. Stat. (2013). Appellant alleges that

Tyrone Williams v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-12-21

Snippet: CANADY, J. In this case we examine section 794.0115, Florida Statutes (2009)—also known as Florida’s

Carlos J. Acevedo v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-05-18

Citation: 218 So. 3d 878, 42 Fla. L. Weekly Supp. 601, 2017 WL 2210387, 2017 Fla. LEXIS 1236

Snippet: sexual felony offender (DSFO), pursuant to section 794.0115(2), Florida Statutes, and imposed a mandatory

Gabriel Valentin-Rodriguez v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-08

Snippet: information. The judgment should have cited section 794.0115, Florida Statutes (2006), as the authority for

Baxter v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Citation: 206 So. 3d 150, 2016 Fla. App. LEXIS 18180

Snippet: 1 Because the plain language of section 794.0115(2), Florida Statutes (2012), allows the trial

Clark v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-06

Citation: 197 So. 3d 1290, 2016 Fla. App. LEXIS 13343, 2016 WL 4607997

Snippet: related to whether appellant violated section 794.0115, Florida Statutes (2013).

James M. Clark v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-09-05

Snippet: related to whether appellant violated section 794.0115, Florida Statutes (2013).

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

Court: Supreme Court of Florida | Date Filed: 2016-04-14

Citation: 190 So. 3d 1055, 2016 WL 1460708

Snippet: Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. This instruction was adopted

Tyrone Williams v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-04-12

Citation: 189 So. 3d 288, 2016 WL 1534010, 2016 Fla. App. LEXIS 5517

Snippet: sexual felony offender (“DSFO”) pursuant to section 794.0115, Florida Statutes (2009). Appellant contends that

Britten v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-12-11

Citation: 181 So. 3d 1215, 2015 Fla. App. LEXIS 18556, 2015 WL 8519509

Snippet: dangerous, sexual felony offender under section 794.0115. On appeal, Appellant only challenges the 25-year

Carlos J. Acevedo v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-07-29

Citation: 174 So. 3d 437, 2015 Fla. App. LEXIS 11397

Snippet: twenty-five-year sentence pursuant to section 794.0115(2), Florida Statutes (2005), because his predicate

Connolly, Jr. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-07-29

Citation: 172 So. 3d 893, 2015 Fla. App. LEXIS 11352

Snippet: firearm "during the commission of the offense”); § 794.0115, Fla. Stat. (2015) (providing mandatory minimum

Wilkerson v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-07-25

Citation: 143 So. 3d 462, 2014 WL 3671334, 2014 Fla. App. LEXIS 11369

Snippet: dangerous sexual felony offender pursuant to section 794.0115(2), Florida Statutes (2012). While he does not

Kemar Rochester v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-06-05

Citation: 140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Snippet: 087(2) & (3); 784.07(3)(b), Fla. Stat. (2008); 794.0115(7), Fla. Stat. (2008) (providing that a defendant

Gilbert Dudley, III v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-05-15

Citation: 139 So. 3d 273, 39 Fla. L. Weekly Supp. 335, 2014 WL 1923782, 2014 Fla. LEXIS 1625

Snippet: provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115: [[Image here]] (e) When the victim is mentally

Casica v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-05-07

Citation: 138 So. 3d 1093, 2014 WL 1796062, 2014 Fla. App. LEXIS 6714

Snippet: because Casica was properly designated under section 794.0115(2)(b) in that he used or threatened to use a deadly