The 2023 Florida Statutes (including Special Session C)
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. . . . §§ 794.011(3), 775.082(3)(a)3., 794.0115(2)(b), Fla. Stat. (2013). . . .
. . . In this case we examine section 794.0115, Florida Statutes (2009) — also known as Florida’s “Dangerous . . . Section 794.0115(2) sets forth the enumerated crimes covered by the DSFO Act and contains the mandatory . . . Under section 794.0115(2), an offender convicted of one of the referenced crimes and meeting certain . . . Section 794.0115(6) addresses the DSFO Act’s mandatory minimum sentencing provision. as it relates to . . . Id. at 289 (quoting § 794.0115(2), Fla. Stat. (2009)). . . . Compare § 794.0115(2), Fla. . . . Section 794.0115(6), Florida Statutes, provides that a term of imprisonment imposed under this section . . . Accordingly under the majority’s reasoning, the language of section 794.0115(6), which provides for an . . .
. . . The trial court declared him to be a dangerous sexual felony offender (DSFO), pursuant to section 794.0115 . . . DISCUSSION The issue before this Court is whether, under the Dangerous Sexual Felony Offender Act, section 794.0115 . . . to section 800.04(4)—(5), Florida Statutes, for the purposes of DSFO designation pursuant to section 794.0115 . . . (citing § 794.0115(2)(e), Fla. Stat.; Abrams v. State, 971 So.2d 1033, 1037 (Fla. 4th DCA 2008)). . . . test for determining when a prior statute is similar in elements to an offense identified in section 794.0115 . . . which is similar in elements” for the purposes of the Dangerous Sexual Felony Offender Act, section 794.0115 . . . sentenced to a mandatory minimum term of 25 years imprisonment up: to, and including, life imprisonment. § 794.0115 . . . See § 794.0115(2)(e), Fla. Stat. (2005). . . .
. . . a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .
. . . Because the plain language of section 794.0115(2), Florida Statutes (2012), allows the trial court to . . . court could only impose a sentence with a mandatory minimum term of twenty-five years under séction 794.0115 . . . There, the Fifth District held that section 794.0115(6) requires the trial court to sentence a DSFO to . . . We disagree with the Fifth District’s interpretation of section 794.0115. . . . Section 794.0115(6) further states that “[i]f the mandatory minimum term of imprisonment imposed under . . .
. . . This finding was expressed in a special verdict form related to whether appellant violated section 794.0115 . . .
. . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . .
. . . State, 143 So.3d 462 (Fla. 5th DCA 2014), which held that pursuant to section 794.0115(6), where the . . . minimum mandatory required by section 794.0115, Florida Statutes (2009), exceeds the maximum sentence . . . Section 794.0115(6) mandates that if the minimum mandatory term of section 794.0115 exceeds the statutory . . . Thus., a minimum mandatory life sentence is authorized by section 794.0115 regardless of the statutory . . . This Court’s reasoning in Flowers applies to section 794.0115 as well. . . .
. . . 794.011(3), Florida Statutes (2013), and was designated a dangerous, sexual felony offender under section 794.0115 . . . See § 794.0115(2), Fla. Stat.. . . . remanding with directions to resentence the defendant as a. dangerous sexual felony offender under section 794.0115 . . . requires a finding,. that the defendant actually “caused” serious personal injury to the victim, see § 794.0115 . . . See § 794.0115(3), Fla. Stat. . . .
. . . the trial court erred in imposing a mandatory minimum twenty-five-year sentence pursuant to section 794.0115 . . . The court declared him to be a dangerous sexual felony offender (“DSFO”), pursuant to section 794.0115 . . . former statutory designation which is similar in elements to an offense described in this paragraph.” § 794.0115 . . .
. . . battery on a law enforcement officer and possessed a firearm "during the commission of the offense”); § 794.0115 . . .
. . . Following his conviction, Wilkerson was classified a dangerous sexual felony offender pursuant to section 794.0115 . . . The purpose of section 794.0115 is to provide enhanced sentences for repeat sex offenders such as Wilkerson . . . Section 794.0115(2)(e) requires that an individual found to be a dangerous sexual felony offender “be . . . Section 794.0115(6) further provides: (6) Notwithstanding s. 775.082(3), chapter 958, any other law, . . . Section 794.0115(2)(e) was recently amended to require a fifty-year minimum mandatory, but that amendment . . .
. . . commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . . commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .
. . . The trial court did not err because Casica was properly designated under section 794.0115(2)(b) in that . . .
. . . See § 794.0115, Fla. Stat. (2009). . . .
. . . convicted of attempted sexual battery in 1999, thereby qualifying him for sentencing under section 794.0115 . . . his position that his attempted sexual battery conviction was not a qualifying offense under section 794.0115 . . . Felder argued that section 794.0115, amended in 2003, excluded prior convictions for attempted sexual . . . In the 2003 legislative session, section 794.0115 was substantially amended and retitled “Dangerous Sexual . . . Additionally, the 2003 revisions to section 794.0115 suggest a legislative intent not to include “attempts . . .
. . . Section 794.0115 sets forth the requirements for establishing that an individual is a “dangerous sexual . . . felony offender.” § 794.0115, Fla. . . . See § 794.0115(4), Fla. Stat. (2012). . . . APPENDIX 11.16(a) DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. . . . Having found (defendant) guilty of (felony, as identified by section 794.0115(2), Fla. . . .
. . . Tambriz-Ramirez under the enhanced mandatory sentencing guidelines set forth in section 794.0115, Florida . . . sentencing under the Act because he was not convicted of one of the qualifying crimes enumerated in section 794.0115 . . .
. . . commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, ors. 794.0115 . . .
. . . Section 794.0115, Florida Statutes, requires mandatory sentencing when a defendant qualifies as a DSFO . . . Therefore, he would qualify as a DSFO under section 794.0115(2) if he met the other requirements of the . . . , has similar elements to sections 800.04(4) and (5), Florida Statutes, which are listed in section 794.0115 . . . It, therefore, contends Durant would qualify as a DSFO under section 794.0115(2)(e). We disagree. . . . See 794.0115(2)(e), Fla. Stat.; Abrams v. . . .
. . . probationer satisfied the requirement for an enhanced sentence as a dangerous sexual offender under section 794.0115 . . .
. . . deadly weapon, which was necessary to permit the imposition of an enhanced sentence pursuant to section 794.0115 . . . Section 794.0115, the Dangerous Sexual Felony Offender Act (the Act), provides for enhanced sentencing . . . the defendant “[ujsed or threatened to use a deadly weapon during the commission of the offense.” § 794.0115 . . . Enhanced sentencing is required under section 794.0115(2)(a) if the defendant "[claused serious personal . . . issue of whether an attempt qualifies under the Act, however, because he did not qualify under section 794.0115 . . .
. . . mandatory minimum sentence under two separate and distinct statutes addressing different evils: section 794.0115 . . . Section 794.0115(2)(b) provides: (2) Any person who is convicted of a violation of [a sexual battery . . . Accordingly, section 794.0115(6) requires a qualified defendant to be subject to sentencing under that . . . trial court imposed a twenty-five year mandatory minimum term for armed sexual battery under section 794.0115 . . . Still, in this case, section 794.0115(2), Florida Statutes (2008), would have applied even if Fleming . . .
. . . personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .
. . . As to one of the sexual battery counts, the State charged Wright pursuant to section 794.0115, Florida . . . and the court sentenced him to the mandatory minimum term of twenty-five years pursuant to section 794.0115 . . . Reading this specific definition in the context of § 794.0115(2)(c) clearly encompasses Wright’s offense . . . Section 794.0115 provides (2) Any person who is convicted of a violation of s. 787.025(2)(c); s. 794.011 . . .
. . . personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .
. . . Stat. s. 794.0115, the Dangerous Sexual Felony Offender Act); and Freeland v. . . .
. . . Stat. (2008); 794.0115(7), Fla. . . .
. . . twelve years of age or older, in violation of sections 784.03(2), 775.087, 794.011(3) and (4)(b), and 794.0115 . . .
. . . habitual violent felony offender and dangerous sexual felony offender sanctions, pursuant to section 794.0115 . . . 775.084, Florida Statutes (2005), and dangerous sexual felony offender (DSFO) sanctions, pursuant to § 794.0115 . . .
. . . commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .
. . . sought to have appellant sentenced as a dangerous sexual felony offender (“DSFO”) pursuant to section 794.0115 . . . The appellant objected, asserting that section 794.0115 was meant to punish repeat sexual offenders and . . . Section 794.0115, Florida Statutes (2006), defines a dangerous sexual felony offender. . . . A prior conviction was necessary under the older version section 794.0115. . . . See 794.0115, Fla. Stat. (2002). . . .
. . . See § 794.0115(2)(a)-(c), Fla. Stat. (2007). . . . (2)(d), or the offender was previously convicted of a qualifying offense. § 794.0115(2)(e). . . . APPENDIX 11.16 DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. . . . If you find (defendant) guilty of (felony, as identified by section 794.0115(2), Fla. . . . Having found (defendant) guilty of (felony, as identified by section 794.0115(2), Fla. . . .
. . . impose the minimum mandatory sentence set forth in the Dangerous Sexual Felony Offender Act, section 794.0115 . . .
. . . sentences imposed upon him pursuant to the Dangerous Sexual Felony Offender Act (“DSFO Act”), section 794.0115 . . . court classify Abrams as a dangerous sexual felony offender (“DSFO”) pursuant to the DSFO Act, section 794.0115 . . . the sentence imposed must include the mandatory minimum term of imprisonment under this section. § 794.0115 . . . In order to qualify as a DSFO, section 794.0115 provides that the most recent conviction must be based . . . on a violation of a list of crimes, including section 800.04(4) or (5). § 794.0115(2), Fla. . . .
. . . personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .
. . . The proposal derives from the rewording of section 794.0115, Florida Statutes, in chapter 2003-115, Laws . . . dangerous sexual felony offender if he or she is convicted of committing certain enumerated offenses, see § 794.0115 . . . We are concerned with the proposal in respect to the alternative circumstance under section 794.0115( . . . Unlike section 794.0115(4), Florida Statutes, the proposed instruction does not include qualifying language . . . Section 794.0115(4) provides that “[t]he offense described in subsection (2) which is being charged must . . .
. . . Stat. (1996-2005); § 794.0115(7), Fla. Stat. (2003-2005). . . .
. . . years of age commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .
. . . Section 7: creates section 794.0115, which defines “repeat sexual batterer,” provides procedures for . . . Section 8: amends section 794.011, wherein the crime “sexual battery” is defined, to refer to new section 794.0115 . . . weapon by a violent career criminal; conforming cross references to changes made by the act; creating s. 794.0115 . . .
. . . Section 7 creates the new offense of repeat sexual batterer, section 794.0115, Florida Statutes (1999 . . .