Home
Menu
904-383-7448
F.S. 782.065 on Google Scholar

F.S. 782.065 on Casetext

Amendments to 782.065


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.065 Florida Statutes and Case Law
782.065 Murder; law enforcement officer, correctional officer, correctional probation officer.Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt:
(1) The defendant committed murder in the first degree in violation of s. 782.04(1) and a death sentence was not imposed; murder in the second or third degree in violation of s. 782.04(2), (3), or (4); attempted murder in the first or second degree in violation of s. 782.04(1)(a)1. or (2); or attempted felony murder in violation of s. 782.051; and
(2) The victim of any offense described in subsection (1) was a law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, correctional officer, part-time correctional officer, auxiliary correctional officer, correctional probation officer, part-time correctional probation officer, or auxiliary correctional probation officer, as those terms are defined in s. 943.10, engaged in the lawful performance of a legal duty.
History.s. 1, ch. 2008-74; s. 3, ch. 2010-121; ss. 3, 7, ch. 2012-21; s. 20, ch. 2016-24; s. 24, ch. 2017-37.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 782.065 on Google Scholar

F.S. 782.065 on Casetext

Amendments to 782.065


Arrestable Offenses / Crimes under Fla. Stat. 782.065
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 782.065.


Civil Citations / Citable Offenses under S782.065
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 782.065.


Annotations, Discussions, Cases:

  1. Ramroop v. State

    174 So. 3d 584 (Fla. Dist. Ct. App. 2015)   Cited 4 times
    Further, based on the Florida Supreme Court's reasoning in Mills, section 782.065 is not an enhancement statute. Unlike the habitual felony offender statute, the prison releasee reoffender statute, and the mandatory minimum sentence for possession of a firearm statute, all of which are enhancement statutes, section 782.065 does not “cut across some or all criminal statutes.” See Mills, 822 So.2d at 1287 (quoting Brown, 476 So.2d at 662 ). Rather, like section 784.07, section 782.065 “reclassifies enumerated offenses committed against law enforcement officer [s].” See id. Specifically, as indicated above, section 782.065 only applies following certain violations of the (attempted) homicide offenses in 782.04 and 782.051 and operates solely to reclassify such offenses committed against law enforcement officers as mandatory life felonies.
    PAGE 599
  2. In re Standard Jury Instructions in Criminal Cases

    137 So. 3d 995 (Fla. 2014)   Cited 5 times
    Regarding the enhanced penalty under Fla. Stat. § 782.065, the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc. In Thompson v. State, 695 So.2d 691 (Fla.1997), the Supreme Court held that knowledge of the victim's status is a necessary element of attempted murder of a law enforcement officer, but that was prior to the enactment of Fla. Stat. § 782.065 and was based on a construction of Fla. Stat. § 784.07, which explicitly contains a knowledge requirement. As of February 2013, no case has decided whether knowledge of the victim's status is an element under Fla. Stat. § 782.065.
    PAGE 1010
  3. FIRST DEGREE PREMEDITATED MURDER RECLASSIFIED — 782.04(1)(a) and 782.065 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. First Degree 782.04(1)(a) 7.2 Premeditated Murder Second Degree 782.04(2) and 7.4 and Murder-Reclassified 782.065 7.13 Second Degree 782.04(2) 7.4 Murder Manslaughter 782.07 7.7 Second Degree 782.04(3) and 7.5 and (Felony) Murder-Reclassified 782.065 7.13 Second Degree 782.04(3) 7.5 (Felony) Murder Attempted Felony 782.051(1) and 6.3 and Murder-Reclassified 782.065 6.7 Attempted Felony 782.051(1) 6.3 Murder Attempted 782.041(1), 6.2 and Premeditated Murder-Reclassified 777.04, and 6.7 782.065 Attempted 782.04(1) and 6.7 Premeditated Murder 777.04 Attempted Second 782.04(2), 6.4 and Degree Murder-Reclassified 777.04, and 6.7 782.065 Attempted Second 782.04(2), 6.4 Degree Murder 777.04 Attempted Felony 782.05(2) and 6.3 and Murder-Reclassified 782.065 6.7 Attempted Felony 782.051(2) 6.3 Murder Third Degree Felony 782.04(4) and 7.6 and Murder-Reclassified 782.065 7.13 Third Degree Felony 782.04(4) 7.6 Murder Vehicular Homicide 782.071 7.5 Attempted Felony 782.051(3) and 6.3(a…
    PAGE 323
  4. Schminky v. State

    305 So. 3d 640 (Fla. Dist. Ct. App. 2020)
    In Ramroop, the Florida Supreme Court held that " section 782.065 is a reclassification statute that creates a substantive offense, which includes knowledge [that the victim was a law enforcement officer] as an essential element." 214 So. 3d at 665. The trial court failed to instruct the jury that Ramroop needed to have knowledge of the officer's status as such, and the jury failed to make this finding. Id. at 661. The jury findings that the officer was a law enforcement officer and that he was performing his lawful duties at the time of the offense were not enough, as knowledge is a specific finding that the jury must make to convict a defendant of this new substantive crime, codified under section 782.065. See generally id. The Ramroop court clearly stated that because of the U.S. Supreme Court decision in Apprendi, the jury must be instructed on and must explicitly find, beyond a reasonable doubt, that the defendant knew of the officer's status before he can be sentenced to life under section 782.065. Id. at 662–63.
    PAGE 644
  5. Rivera v. State

    235 So. 3d 983 (Fla. Dist. Ct. App. 2017)   Cited 1 times
    In Ramroop, the Florida Supreme Court held "that section 782.065 is a reclassification statute that creates a substantive offense, which includes knowledge as an essential element." 214 So.3d at 665. Because knowledge is an essential element, "a defendant may be subject to the increased sentence set forth in section 782.065 only when a jury finds beyond a reasonable doubt that the offense was committed with knowledge that the victim was a law enforcement officer." Id. The supreme court determined that "the erroneous jury instructions that did not include knowledge as an essential element of attempted murder of a law enforcement officer as to section 782.065 amounted to fundamental error" and that Ramroop was entitled to a new trial. Id. at 668.
    PAGE 985
  6. Rosado v. State

    308 So. 3d 1065 (Fla. Dist. Ct. App. 2020)
    [d]ue to the knowledge requirement and the fundamental, constitutional principles announced in Apprendi, a defendant may be subject to the increased sentence set forth in section 782.065 only when a jury finds beyond a reasonable doubt that the offense was committed with knowledge that the victim was a law enforcement officer. In other words, a defendant is not subject to the increased punishment under section 782.065 if he or she did not know that the victim was a law enforcement officer when he or she committed the offense.
    PAGE 1067
  7. In re Standard Jury Instructions in Criminal Cases

    146 So. 3d 1110 (Fla. 2014)   Cited 7 times
    Regarding the enhanced penalty under Fla. Stat. § 782.065, the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc. In Thompson v. State, 695 So.2d 691 (Fla.1997), the Supreme Court held that knowledge of the victim's status is a necessary element of attempted murder of a law enforcement officer, but that was prior to the enactment of Fla. Stat. § 782.065 and was based on a construction of Fla. Stat. § 784.07, which explicitly contains a knowledge requirement. As of May 2013, no case has decided whether knowledge of the victim's status is an element under Fla. Stat. § 782.065.
    PAGE 1113
  8. Smart v. State

    114 So. 3d 1048 (Fla. Dist. Ct. App. 2013)   Cited 4 times
    The State contends that the life sentences are permissible, nevertheless, under section 782.065, which creates the crime of attempted murder of a police officer and mandates a life sentence. See§ 782.065(1), Fla. Stat. (2008). Indeed, both the charging document and the final judgment of conviction in this case label the pertinent crime “attempted murder of a police officer.” However, Appellant committed the attempted murders on September 10, 2008, and section 782.065 did not become effective until October 1, 2008. See Ch. 2008–74, § 1, at 1, Laws of Fla.; Lebron v. State, 799 So.2d 997, 1019 (Fla.2001) (“[I]t is firmly established law that the statutes in effect at the time of commission of a crime control as to the offenses for which the perpetrator can be convicted, as well as the punishments which may be imposed.”).
    PAGE 1049
  9. See See Instruction 7.13 for the § 782.065, Fla. Stat., reclassification when the victim is a law enforcement officer, correctional officer, etc.
    PAGE 1273