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F.S. 775.0875 on Google Scholar

F.S. 775.0875 on Casetext

Amendments to 775.0875


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.0875 Florida Statutes and Case Law
775.0875 Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties.—
(1) A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows:
(a)1. In the case of a felony of the first degree, to a life felony.
2. In the case of a felony of the second degree, to a felony of the first degree.
3. In the case of a felony of the third degree, to a felony of the second degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(b) In the case of a misdemeanor, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.
(3) A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 89-157; s. 17, ch. 93-406; s. 22, ch. 95-184; s. 56, ch. 96-388; s. 15, ch. 97-194.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 775.0875 on Google Scholar

F.S. 775.0875 on Casetext

Amendments to 775.0875


Arrestable Offenses / Crimes under Fla. Stat. 775.0875
Level: Degree
Misdemeanor/Felony: First/Second/Third

775.0875 1 - WEAPON OFFENSE - UNLAWFUL TAKE LAW ENFORCEMENT OFFICERS FIREARM - F: T
775.0875 2a1 - WEAPON OFFENSE - COMMIT 1ST DEGREE FELONY W STOLEN LEO FIREARM - F: L
775.0875 2a2 - WEAPON OFFENSE - COMMIT 2ND DEGREE FELONY W STOLEN LEO FIREARM - F: F
775.0875 2a3 - WEAPON OFFENSE - COMMIT 3RD DEGREE FELONY W STOLEN LEO FIREARM - F: S
775.0875 3 - WEAPON OFFENSE - UNLAWFUL POSS LAW ENFORCEMENT OFFICER FIREARM - M: F

Civil Citations / Citable Offenses under S775.0875
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 775.0875.

Annotations, Discussions, Cases:

  1. United States v. Garcia-Figueroa

    753 F.3d 179 (5th Cir. 2014)   Cited 20 times
    Looking at Garcia–Figueroa's prior crime, the judgment in Garcia–Figueroa's prior case indicates that he was convicted in 1991 for “attempted aggravated battery on [a] law enforcement officer with a law enforcement officer's firearm” in violation of Florida Statute §§ 784.07, 777.04, and 775.0875. Florida Statute § 784.07 provides that aggravated battery is classified as a first-degree felony when it is committed against a law enforcement officer. Fla. Stat. § 784.07(2)(d) (1991). However, § 784.07 does not list the specific elements of aggravated battery. Those elements are found in § 784.045, which provides that a person is guilty of aggravated battery “who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon.” Fla. Stat. § 784.045(1)(a) (1991). An individual commits battery if he “1. Actually and intentionally touches or strikes another person against the will of the other; or 2. Intentionally causes bodily harm to an individual.” Fla. Stat. § 784.03(1)(a) (1991). The third statute mentioned in Garcia–Figueroa's judgment, Florida Statute § 775.0875, makes…
    PAGE 184

  2. Cabal v. State

    678 So. 2d 315 (Fla. 1996)   Cited 20 times
    We recognize that the legislature amended section 775.0845, effective October 1, 1995, but the amended statute is not at issue in this proceeding. Section 775.0845 was amended effective October 1, 1995, with the addition of the following language to the statute: "For purposes of sentencing under chapter 921 . . . a felony offense which is reclassified under this subsection is ranked one level above the ranking under s. 921.0012 or s. 921.0013 of the offense committed." § 775.0845, Fla.Stat. (1995) (emphasis added). Although this provision speaks to reclassification, Cabal was sentenced under the 1993 version of the statute, which does not contain that language. Moreover, this boilerplate provision was added to numerous other statutes. See e.g., § 775.0875, Fla.Stat. (1995); § 775.087, Fla. Stat. (1995). We do not address whether this language acts to require reclassification of an offense to the next higher degree for offenses committed after 1993. We note, however, that the definitive, substantive language of the statute has not been altered.
    PAGE 317

  3. Newman v. State

    738 So. 2d 981 (Fla. Dist. Ct. App. 1999)   Cited 4 times
    The State reminds us that in Cabal the supreme court did not interpret the language added to the end of this and several other statutes in October 1995, which speaks to reclassification. The State also points out that Florida Rule of Criminal Procedure 3.703(d)(11) states that an "increase in offense severity level may result from areclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023[,]" and that rule 3.703(c)(2) provides that "[a]n offense does not become unlisted and subject to the provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023 ." (Emphases supplied.) We note that language corresponding to the latter rule provision has been included in section 921.0022(2), Florida Statutes (Supp. 1998).
    PAGE 983

  4. Spicer v. State

    615 So. 2d 725 (Fla. Dist. Ct. App. 1993)   Cited 16 times
    Penal statutes must be construed in terms of their literal meaning. State v. Jackson, 526 So.2d 58 (Fla. 1988). Words used by the legislature will not be expanded to broaden the definition of such statutes. Perkins v. State, 576 So.2d 1310 (Fla. 1991). If the legislature had intended section 775.0845 to reclassify offenses, it would have so stated, as it did in section 775.087, Florida Statutes (1989): "Possession or use of weapon; aggravated battery; felony reclassification;" and in section 775.0875, Florida Statutes (1989): "Unlawful taking, possession, or use of a law enforcement officer's firearm; crime reclassification; . . . ." (Emphasis added.) In fact, section 775.0875 is similar to the habitual offender statute, in that neither of the enhanced penalty statutes reclassify the degree of the offense. See Dominguez v. State, 461 So.2d 277 (Fla. 5th DCA 1985).
    PAGE 726

  5. In re Adoption of Florida Rules of Criminal Procedure 3.704 & 3.992 to Implement the Florida Criminal Punishment Code

    721 So. 2d 265 (Fla. 1998)   Cited 2 times
    (11) An increase in offense severity level may result from a reclassification of felony degrees pursuant to sections 775.0845, 775.087, 775.0875, or 794.023. Any such increase must be indicated in the space provided on the Criminal Punishment Code scoresheet.
    PAGE 267

  6. Amendment to Fl. Rule of Crim. Proc. 3.704(d)(23)

    763 So. 2d 997 (Fla. 1999)
    (11) An increase in offense severity level may result from a reclassification of felony degrees pursuant to sections 775.0845, 775.087, 775.0875, or 794.023. Any such increase must be indicated in the space provided on the Criminal Punishment Code scoresheet.
    PAGE 999

  7. Amend. to Crim. Procedure 3.704

    810 So. 2d 826 (Fla. 2001)   Cited 2 times
    An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification of the degree of felony pursuant to under section 775.0845, section 775.087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense.
    PAGE 827

  8. In re Amendments to the Florida Rules of Criminal Procedure

    48 So. 3d 17 (Fla. 2010)
    (20) If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823(2), (3), or (4), Florida Statutes, the subtotal sentence points are multiplied by a factor of 2.5. If the primary offense is a violation of subsection 775.0823 (3),(4), (5), (6), (7), or (8), or (9), the subtotal sentence points are multiplied by a factor of 2.0. If the primary offense is a violation ofsection 784.07(3) or 775.0875(1) or the Law Enforcement Protection Act under subsection 775.0823 (9) or (10) or (11), or section 784, 07(3), Florida Statutes, or section 775.0875(1), the subtotal sentence points are multiplied by a factor of 1.5.
    PAGE 18

  9. In re Amendments to Florida Rules

    660 So. 2d 1374 (Fla. 1995)   Cited 5 times
    RULE 3.703 SENTENCING GUIDELINES (1994 as amended in 1995) (a) Use. (b) Purpose and Construction. (c) Offense Severity Ranking. (d) General Rules and Definitions. 775.0845 775.087 775.0875 794.023 775.087 790.001 775.087 775.087 790.001 893.135 775.0823 775.0823 775.0823 784.07 775.0875 775.082
    PAGE 1375

  10. Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

    685 So. 2d 1213 (Fla. 1996)   Cited 4 times
    (11) An increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845, 775.087, 775.0875, or 794.023. Any such increase should be indicated in the space provided on the sentencing guidelines scoresheet.
    PAGE 1215