Florida Statute 794.115 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 794.0115

Annotations, Discussions, Cases:

Cases Citing Statute 794.0115

Total Results: 34

Taylor v. State

818 So. 2d 544, 2002 WL 80256

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1652812

Cited 41 times | Published

the new offense of repeat sexual batterer, section 794.0115, Florida Statutes (1999), and section 8 amends

Franklin v. State

887 So. 2d 1063, 2004 WL 2197021

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 308391

Cited 21 times | Published

conformity with section 3. Section 7: creates section 794.0115, which defines "repeat sexual batterer," provides

Jury Instructions in Crim. Cases-No. 2005-1

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

The proposal derives from the rewording of section 794.0115, Florida Statutes, in chapter 2003-115, Laws

State v. Mason

979 So. 2d 301, 2008 WL 678657

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1714088

Cited 6 times | Published

the Dangerous Sexual Felony Offender Act, section 794.0115, Florida Statutes (2004), because Mr. Mason's

Abrams v. State

971 So. 2d 1033, 2008 WL 140963

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1446118

Cited 5 times | Published

Dangerous Sexual Felony Offender Act ("DSFO Act"), section 794.0115, Florida Statutes (2004). He argues that the

Connolly, Jr. v. State

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

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

Britten v. State

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

District Court of Appeal of Florida | Filed: Dec 11, 2015 | Docket: 60252530

Cited 2 times | Published

a dangerous, sexual felony offender under section 794.0115. On appeal, Appellant only challenges the

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

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

Wilkerson v. State

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

District Court of Appeal of Florida | Filed: Jul 25, 2014 | Docket: 60242325

Cited 1 times | Published

dangerous sexual felony offender pursuant to section 794.0115(2), Florida Statutes (2012). While he does

Durant v. State

94 So. 3d 669, 2012 WL 3235179, 2012 Fla. App. LEXIS 13363

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60310950

Cited 1 times | Published

year minimum mandatory incarceration term. Section 794.0115, Florida Statutes, requires mandatory sentencing

Williams v. State

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

sentence as a dangerous sexual offender under section 794.0115(2)(d), Florida Statutes, that the appellant

Mastay v. McDonough

928 So. 2d 512, 2006 Fla. App. LEXIS 7164, 2006 WL 1272557

District Court of Appeal of Florida | Filed: May 11, 2006 | Docket: 64844590

Cited 1 times | Published

(1996-2005); § 784.07(3)(b), Fla. Stat. (1996-2005); § 794.0115(7), Fla. Stat. (2003-2005). In addition, “violent

Debose v. State of Florida

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

Jeromee Saffold v. State of Florida

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

JEROMEE SAFFOLD v. STATE OF FLORIDA

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

Tyrone Williams v. State of Florida

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

Carlos J. Acevedo v. State of Florida

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

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063849

Published

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

Gabriel Valentin-Rodriguez v. State

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

Baxter v. State

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

Clark v. State

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

District Court of Appeal of Florida | Filed: Sep 6, 2016 | Docket: 60256202

Published

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

James M. Clark v. State of Florida

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).

Tyrone Williams v. State of Florida

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

District Court of Appeal of Florida | Filed: Apr 12, 2016 | Docket: 3052602

Published

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

Carlos J. Acevedo v. State of Florida

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

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

Casica v. State

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

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240466

Published

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

Marrero v. State

135 So. 3d 374, 2014 WL 258648, 2014 Fla. App. LEXIS 749

District Court of Appeal of Florida | Filed: Jan 24, 2014 | Docket: 60239594

Published

sentence for dangerous sexual felony offenders. See § 794.0115, Fla. Stat. (2009). As there was no finding that

Felder v. State

116 So. 3d 605, 2013 WL 3238157, 2013 Fla. App. LEXIS 10314

District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60232406

Published

thereby qualifying him for sentencing under section 794.0115, Florida Statutes (2010) (“dangerous sexual

In re Standard Jury Instructions in Criminal Cases-Instruction 11.16(A)

116 So. 3d 1223, 2013 Fla. LEXIS 1931, 2013 WL 3064823

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232302

Published

jurisdiction. See art. V, § 2(a), Fla. Const. Section 794.0115 sets forth the requirements for establishing

Tambriz-Ramirez v. State

112 So. 3d 767, 2013 WL 1980237, 2013 Fla. App. LEXIS 7862

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231269

Published

mandatory sentencing guidelines set forth in section 794.0115, Florida Statutes (2010), Florida’s Dangerous

Espinoza-Montes v. State

113 So. 3d 847, 2011 Fla. App. LEXIS 20062, 2011 WL 6265580

District Court of Appeal of Florida | Filed: Dec 16, 2011 | Docket: 60231612

Published

imposition of an enhanced sentence pursuant to section 794.0115(2)(b), Florida Statutes (2008), under the

Fleming v. State

75 So. 3d 397, 2011 Fla. App. LEXIS 19171, 2011 WL 6003291

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 60303741

Published

distinct statutes addressing different evils: section 794.0115(2), Florida Statutes (2008) (the “Dangerous

Wright v. State

65 So. 3d 1092, 2011 Fla. App. LEXIS 8935, 2011 WL 2498677

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 60301621

Published

counts, the State charged Wright pursuant to section 794.0115, Florida Statutes (2009), the Dangerous Sexual

Alvarado v. State

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

sexual felony offender sanctions, pursuant to section 794.0115, Florida Statutes (2005), constitutes an improper

Bruce v. State

988 So. 2d 715, 2008 Fla. App. LEXIS 15049, 2008 WL 3850372

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 64855498

Published

sexual felony offender (“DSFO”) pursuant to section 794.0115, Florida Statutes (2006), because he used

In Re Standard Instruct. in Criminal Cases, No. 2007-6

980 So. 2d 1054, 2008 WL 1744590

Supreme Court of Florida | Filed: Apr 17, 2008 | Docket: 1735731

Published

instructions derive from the rewording of section 794.0115, Florida Statutes, by chapter 2003-115, Laws