The 2023 Florida Statutes (including Special Session C)
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. . . . §§ 893.13(1)(a)(1), 775.082(3)(d), 893.03(2)(a)(4). . . .
. . . Timothy Riordan appeals his prison sentence, challenging the constitutionality of section 775.082(10) . . . Riordan argues that, even if section 775.082(10) was constitutional, the trial court failed to make sufficient . . . filed his appeal, the Florida Supreme Court ruled, consistent with Riordan's primary argument, that 775.082 . . . A trial court's finding of dangerousness pursuant to section 775.082(10) must be in writing and must . . . State, 219 So. 3d 167, 170 (Fla. 1st DCA 2017), an upward departure sentence imposed under 775.082(10 . . .
. . . sentence with judicial review after twenty-five years pursuant to the juvenile sentencing laws, sections 775.082 . . .
. . . He argued, in part, that section 775.082(10), Florida Statutes (2015), established a presumptive nonstate . . . Section 775.082(10), Florida Statutes (2015), provides: If a defendant is sentenced for an offense committed . . . The court did not rule on Piccinini's sentencing motion but complied with section 775.082(10) in sentencing . . .
. . . It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . See § 775.082(1), Fla. Stat. (2002) ; England v. State, 940 So. 2d 389 (Fla. 2006) ; Williams v. . . .
. . . as a [PRR], the trial court must sentence the defendant in accordance with the provisions of section 775.082 . . . A trial court does not have discretion to depart from the sentence mandated by section 775.082(9), and . . .
. . . ordered to do so by the court, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 . . .
. . . sentencing provisions enacted in chapter 2014-220, Laws of Florida, which have been codified in sections 775.082 . . .
. . . Lewars , 259 So. 3d 793 (Fla. 2018), appellant does not qualify as a PRR under section 775.082(9)(a) . . . Section 775.082(9)(a) 1.g., Florida Statutes (2017), provides that a defendant who commits a robbery . . .
. . . imposition of a sentence with review after 25 years for attempted first-degree murder conviction under § 775.082 . . .
. . . See § 775.082(1)(b) 1, Fla. . . . determine if life imprisonment is an appropriate sentence for a juvenile convicted of a capital felony. §§ 775.082 . . .
. . . commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082 . . . such property is $ 200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 . . . $ 200 but less than $ 1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 . . . in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . See § 775.082(1), Fla. Stat. (2012) ; Williams v. State, 707 So. 2d 683 (Fla. 1998) ; Orjales v. . . .
. . . See § 775.082(10), Florida Statutes (2017). . . .
. . . lowest permissible sentence under the [CPC] exceeds the statutory maximum sentence as provided in s. 775.082 . . . Champagne's twenty-year sentence is clearly in excess of the maximum provided by section 775.082, Florida . . . range for sentencing shall be the [LPS] up to and including the statutory maximum, as defined in s. 775.082 . . . that "when section 921.0024(2) applies so that the statutory maximum sentence as provided in section 775.082 . . . [a] sentence imposed under [the CPC] which exceeds the statutory maximum penalty provided in s. 775.082 . . .
. . . Lewars, 259 So.3d 793 (Fla. 2018) (explaining that section 775.082(9)(a)(1), Fla. . . .
. . . See § 775.082(9)(a)1., Fla. . . . correctional facility operated by the Department of Corrections or a private vendor," as set forth in section 775.082 . . . three years of release from jail, rather than prison, does not satisfy the requirements of section 775.082 . . . qualified as constructive release from a correctional facility for purposes of PRR sentencing under section 775.082 . . .
. . . See § 775.082(1)(b)3., Fla. . . . remanding for the trial court to enter the written finding required by the applicable provision of section 775.082 . . .
. . . Stat. 775.082(2). . . .
. . . Fla. 2018) (holding that alternative definitions of "prison releasee reoffender" included in section 775.082 . . .
. . . Because he scored less than twenty-two sentencing points, Gaymon argues that pursuant to section 775.082 . . . However, pursuant to section 775.082(10), the trial court made written findings that Gaymon could present . . . Gaymon argues that the enhancement of his sentence under section 775.082(10) is unconstitutional because . . . There, the supreme court held that section 775.082(10) was unconstitutional as it applied to Brown because . . . case with instructions that the sentencing court resentence him under the prior version of section 775.082 . . .
. . . a public housing facility, a first-degree felony punishable by up to thirty years in prison, see §§ 775.082 . . . and to possession of cocaine, a third-degree felony punishable by up to five years in prison, see §§ 775.082 . . . See § 775.082(3)(e) ; Kelly v. State, 816 So.2d 1221, 1222 (Fla. 2d DCA 2002). . . .
. . . See § 775.082(3)(d), Fla. Stat. (providing 15-year maximum sentence for second-degree felony). . . .
. . . willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082 . . . who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 . . .
. . . committed when he was a juvenile, he is entitled to have his sentenced reviewed pursuant to sections 775.082 . . .
. . . ), (2)(a), (2)(b), or (2)(c) 4. commits a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . . § 775.082(9)(a)3.a., Fla. Stat. . . . . §§ 810.02(3)(b), 775.082(9)(a) 3.c., Fla. Stat. . . .
. . . the opportunity for early release with a review hearing to be conducted in accordance with sections 775.082 . . .
. . . Florida Legislature enacted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . .
. . . a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 . . . b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 . . . third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . fails to provide for judicial review under chapter 2014-220, Laws of Florida, as codified in sections 775.082 . . .
. . . As required under section 775.082(9)(a)3., Florida Statutes, the court sentenced Appellant to life in . . . This is because section 775.082 only provides for a PRR life sentence for a felony punishable by life . . . . § 775.082(9)(a)3.a., Fla. . . . statute provides that the defendant must be sentenced to a term of imprisonment of thirty years. § 775.082 . . . Accordingly, Appellant must be resentenced to a legal sentence in accordance with section 775.082(9)( . . .
. . . State, 260 So.3d 147 (Fla. 2018) (holding that section 775.082(10), Florida Statutes (2015), violates . . .
. . . Denegal did not challenge his designation as a prison releasee reoffender pursuant to section 775.082 . . .
. . . $ 20,000 in any 12-month period, commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . review after twenty-five years, pursuant to chapter 2014-220, Laws of Florida, as codified in sections 775.082 . . . express findings, and reduced those findings to writing in its resentencing order, as required by section 775.082 . . .
. . . See also §§ 775.082(9)(a)1.g. & q., Fla. . . . occupied structure" are qualifying offenses under the prison releasee reoffender provisions of section 775.082 . . . battery, the felony shall be reclassified from a second-degree felony to a first-degree felony); § 775.082 . . .
. . . victim 12 years or older were de facto life sentences and illegal under recent case law and sections 775.082 . . . entitled to resentencing under chapter 2014-220, Laws of Florida, which has been codified at sections 775.082 . . . Graham are entitled to resentencing pursuant to chapter 2014-220, Laws of Florida, codified in sections 775.082 . . . has a right to be resentenced pursuant to the provisions of chapter 2014-220, codified at sections 775.082 . . .
. . . In 1988, when Honor committed the first-degree murder in this case, section 775.082(1), Florida Statutes . . . Presently codified at sections 775.082, 921.1401, and 921.1402, Florida Statutes (2018). . . .
. . . Thus, absent a statutory change in Florida law, which authorizes capital punishment, see § 775.082(1) . . .
. . . See §§ 775.082(3)(c), 784.045(2), Fla. Stat. (2007) ; Brown v. . . . of 25 years, it could not exceed the 30-year maximum penalty for a first-degree felony under section 775.082 . . .
. . . In Brown , the Fifth District expressly declared valid section 775.082(10), Florida Statutes (2015), . . . for a third-degree felony would be "a term of imprisonment not exceeding 5 years" pursuant to section 775.082 . . . and its progeny, because the jury did not find that she presents a danger to the public under section 775.082 . . . State , 110 So.3d 962, 963 (Fla. 4th DCA 2013) ); see also id. at 1265-66 ("[S]ection 775.082(10) is . . . In order for a court to impose any sentence above a nonstate prison sanction when section 775.082(10) . . .
. . . the framework established in chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . . twenty-five (25) year sentences for first-degree felonies to include judicial review pursuant to sections 775.082 . . .
. . . person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . established in subsection (2): A person commits hazing, a third degree felony, punishable as provided in s. 775.082 . . . misdemeanor hazing: A person commits hazing, a first degree misdemeanor, punishable as provided in s. 775.082 . . .
. . . 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), requires the jury to make the factual finding under section 775.082 . . . court note and instruction: Give if the defendant was a juvenile at the time of the crime alleged. § 775.082 . . . See § 775.082(3)(a) 5, (3)(b) 2, Fla. Stat. . . . Give if the defendant was a juvenile at the time of the crime alleged. § 775.082(1)(b), Fla. Stat. . . . Give if the defendant was a juvenile at the time of the crime alleged. § 775.082(3), Fla. Stat. . . .
. . . the construction of one element of the definition of "prison releasee reoffender" provided in section 775.082 . . . from a state correctional facility operated by the Department of Corrections or a private vendor." § 775.082 . . . Section 775.082(9)(a)1. defines "prison releasee reoffender" as "any defendant who commits, or attempts . . . See § 775.082(9)(a)1. . . . Such circumstances are not attendant to section 775.082(9)(a)1. . . .
. . . because its finding that he posed a danger to the public warranting an enhanced sentence under section 775.082 . . . If the total sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine . . . After defense counsel objected under section 775.082(10)"that he scores less than 22 points and cannot . . . A trial court's findings of dangerousness pursuant to section 775.082(10) must be in writing and must . . . In considering an upward departure pursuant to section 775.082(10), courts have looked to factors such . . .
. . . See § 775.082(9), Fla. Stat. . . . His sentence was based on section 775.082(9), which requires a life sentence for a "Prison releasee reoffender . . .
. . . -i.] is murder in the first degree and constitutes a capital felony , punishable as provided in s. 775.082 . . . determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 775.082 . . .
. . . Under section 775.082(3), the court must provide a nonhomicide juvenile offender, who is convicted of . . .
. . . . §§ 775.082(3)(c); 921.1402(2)(d), Fla. Stat. (2015) ; see also Kelsey v. . . .
. . . under the juvenile sentencing provisions in chapter 2014-220, Laws of Florida, codified in sections 775.082 . . .
. . . commutation of his death sentence to a life sentence without the possibility of parole pursuant to section 775.082 . . . Section 775.082(2), Florida Statutes Next, Tisdale argues that he is entitled to automatic commutation . . . of his death sentence to a life sentence without the possibility of parole pursuant to section 775.082 . . . State , 218 So.3d 416, 425 (Fla. 2017) (denying defendant's claim that section 775.082(2) mandates commutation . . .
. . . performance of its duties commits a misdemeanor of the second degree, punishable as provided in s. 775.082 . . .
. . . See §§ 775.082 and 921.1402, Fla. Stat. (2016). . . . a review of his sentence after 20 years. §§ 775.082(3)(c), 921.1402(2)(d), Fla. . . . See §§ 775.082(1)(b) 1., 775.082(3)(a)5., 775.082(3)(b)2., Fla. Stat. (2016). . . . Further, section 775.082 does not distinguish between "homicide" and "nonhomicide" offenses. . . . Accordingly, we hold that the trial court properly sentenced Hurst under section 775.082(3)(a) 5.a. . . .
. . . felony, and a more severe penalty than the one deemed appropriate by the Legislature under section 775.082 . . . Stat. (2018) ; see § 775.082(3)(d), Fla. Stat. (2018). . . .
. . . Pursuant to section 775.082(10), Florida Statutes (2016), Appellant was entitled to a non-state prison . . . Appellant challenges the constitutionality of section 775.082(10), arguing that it is unconstitutional . . . State , 244 So.3d 1151 (Fla. 1st DCA 2018), where we held that section 775.082(10) was unconstitutional . . . Booker , we reverse Appellant's sentence and remand for resentencing under the prior version of section 775.082 . . . on Coffell's prior convictions when it decided to impose a state prison sentence pursuant to section 775.082 . . .
. . . (reclassifying a second-degree felony to a first-degree felony for use of a firearm); § 775.082(3)(b) . . .
. . . . § 775.082(3)(e). Id. § 784.041(1)(b). Id. § 784.041(2)(a). Minn. Stat. § 609.223 subd. 1. Fla. . . . See id. § 775.082(3)(d). Utah Code § 76-6-409.8(2). Id. § 76-3-203(2). Mass. Gen. . . .
. . . If sentences are imposed under section 775.084, or section 775.082(9), Florida Statutes, and the Criminal . . . Punishment Code must be filed in addition to any sentencing documents filed under section 775.084 or section 775.082 . . . be the lowest permissible sentence up to and including the statutory maximum, as defined in section 775.082 . . . lowest permissible sentence under the Code exceeds the statutory maximum sentence as provided in section 775.082 . . . ordered that the defendant shall serve no less than 25 years in accordance with the provisions of section 775.082 . . .
. . . 452, 453 (Fla. 2015), and he was resentenced to two life terms and two forty-year terms under section 775.082 . . . Therefore, we remand for the trial court to resentence Washington under section 775.082(1)(b)(2). . . .
. . . Pursuant to section 775.082(10), Florida Statutes (2015), the trial court was required to sentence Jackson . . . Jackson now raises a constitutional challenge to section 775.082(10), arguing that a jury, not a judge . . . There, we held that section 775.082(10) was unconstitutional as it applied to Booker because it authorized . . . Booker , we reverse Jackson's sentence and remand for resentencing under the prior version of section 775.082 . . .
. . . (1)(b), 775.082(3)(a) 5., 775.082(3)(b)2., 775.082(3)(c)., Fla. . . . available for a capital felony were death or life. § 775.082, Fla. . . . Section 775.082(2) dealt with the death penalty. Id. . . . "by a term of imprisonment not exceeding 15 years." § 775.082(3)(d), Fla. . . . (1)(b), 775.082(3)(a) 5., 775.082(3)(b)2., 775.082(3)(c)., Fla. . . . Accordingly, I would conclude, based upon this Court's opinion in Henry , that sections 775.082(1)(b) . . . required the trial court to consider and modify Purdy's aggregate sentence at the resentencing hearing. §§ 775.082 . . . See §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2015) ; plurality op. at 725. . . . Contrary to the plurality's assertions, a constitutional interpretation of sections 775.082(1)(b) and . . . Accordingly, I would conclude, as this Court has done previously, that section 775.082(1)(b) afforded . . .
. . . with the opportunity for early release with a review hearing to be held in accordance with sections 775.082 . . .
. . . proceed with its previously-filed notices to classify Baugh as both a PRR and an HFO under sections 775.082 . . .
. . . argued that the State untimely filed its notice that it was seeking to sentence Appellant under section 775.082 . . .
. . . and habitual offender sentencing enhancements in section 775.084, Florida Statutes (2007), section 775.082 . . .
. . . or invited to enter; ... (3) Burglary is a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and its progeny, as well as sections 775.082 . . . on appeal, that such a sentence is contrary to the principles of Graham , its progeny, and sections 775.082 . . .
. . . sentence for offenses he committed while a juvenile and remanding for resentencing pursuant to sections 775.082 . . .
. . . 775.087(1)(a) and 782.04(2), Florida Statutes (2015), Wall should have been sentenced under section 775.082 . . . We, therefore, remand for resentencing on Count One pursuant to section 775.082(3)(b)2.b. . . . sentence review on this count after fifteen years under section 921.1402(2)(c), Florida Statutes (2015). § 775.082 . . .
. . . . §§ 322.03(1), 322.34(2), 322.39(2), 775.082(4)(b), 775.083(1)(e). . . . Id. §§ 316.183(7), 775.082(5), 775.083(1)(e). . . .
. . . DCA 2017), we held that the trial court did not err in making the written finding required by section 775.082 . . . answered this question and held that " Alleyne requires the jury to make the factual finding under section 775.082 . . . cannot be deemed harmless, the proper remedy is to resentence the juvenile offender pursuant to section 775.082 . . . for the murder conviction and remand for Leppert to be resentenced on that charge pursuant to section 775.082 . . .
. . . punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082 . . .
. . . See § 775.082(1)(b)1., Fla. Stat. (2017). . . . in 2022, we conclude the defendant is correct and that he is entitled to resentencing under sections 775.082 . . . See § 775.082(1)(b) 1., Fla. Stat. (2017). . . . Florida's objective parole guidelines, an individual who was convicted of a capital offense under section 775.082 . . . provided only for the death penalty or life with the possibility of parole after twenty-five years. § 775.082 . . .
. . . which the maximum penalty which may be imposed does not exceed 60 days' imprisonment as set forth in s. 775.082 . . .
. . . after 15 years, if the juvenile offender is sentenced to a term of more than 15 years under sections 775.082 . . . (1)(b)2., 775.082(3)(a)5.b., or 775.082(3)(b)2.b., Florida Statutes." . . . Section 775.082(3)(b)(2)(b) applies to defendants convicted of violations of section 782.04 which are . . .
. . . another person to view the threat, commits a felony of the second degree, punishable as provided in s. 775.082 . . .
. . . violators be 'punished to the fullest extent of the law,' is the same clear intent expressed in section 775.082 . . .
. . . See § 775.082(9)(b), Fla. Stat. (2003). . . .
. . . . § 775.082(3)(a). . . . . § 775.082(3)(b)(1). . . . . § 775.082(3)(d). . . . . § 775.082(3)(e). . . . See § 775.082(2). . . .
. . . See, e.g. , §§ 775.082, 921.141(1), Fla. Stat. (2017). Second, we turn to Rule 3.181. . . .
. . . felony of the first degree, punishable for a term of years not exceeding life or as provided in s. 775.082 . . . 2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082 . . . (4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082 . . . 775.084. (6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082 . . . 7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082 . . .
. . . Florida Legislature adopted chapter 2014-220, Laws of Florida, which has been codified in sections 775.082 . . .
. . . In 2014, the Florida Legislature enacted chapter 2014-220, Laws of Florida, codified in sections 775.082 . . .
. . . defendant's sentence to allow for a review hearing without also holding a resentencing hearing under sections 775.082 . . .
. . . other deadly weapon, then the robbery is a felony of the first degree, punishable ... as provided in s. 775.082 . . .
. . . Stat. (2015) (defining child neglect); § 775.082(3)(d) (establishing permissible sentence). . . .
. . . of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082 . . .
. . . ." § 775.082(4)(a), Fla. Stat. (2014). . . .
. . . an enumerated offense under the PRR statute, the offense can only qualify if it falls under section 775.082 . . . the nonforce option of mere touching, that offense cannot support the PRR enhancement under section 775.082 . . . Section 775.082(8)(a)1.o. was renumbered in 1998 to 775.082(9)(a)1.o. . . .
