Florida
Florida Felony Degrees and Misdemeanor Penalties (2026 Guide)
Independently fact-checked against primary sources (last audited October 17, 2026). · 15 primary sources cited on this page. How we verify our legal content
In Florida, a felony is a crime punishable by death or by imprisonment in a state penitentiary, and a misdemeanor is a crime punishable by up to 1 year in a county jail (Fla. Stat. 775.08). Florida sorts felonies into five classes (capital, life, and first, second and third degree) and misdemeanors into two degrees (Fla. Stat. 775.081), with maximum prison terms set in Fla. Stat. 775.082 and maximum fines in Fla. Stat. 775.083.
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers Florida's general classification and sentencing statutes in Chapters 775, 921 and 948 of the Florida Statutes. It does not cover how individual offenses are graded (see the theft and assault pages linked below), Florida's time limits for filing felony charges, sealing and expunction of records, federal offense classes (covered on our felony and misdemeanor classes by state hub), or city and county ordinances.
Felony vs misdemeanor in Florida
Section 775.08 of the Florida Statutes draws the line by where and how long a person can be confined. It defines a felony as "any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary." The same subsection adds that "A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year."
A misdemeanor is "any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year" (Fla. Stat. 775.08(2)). The definition excludes a conviction for a noncriminal traffic violation under Chapter 316 or for a violation of a municipal or county ordinance.
Florida also has a third tier below misdemeanors, the noncriminal violation, covered below. Under Fla. Stat. 775.08(4), "The term 'crime' shall mean a felony or misdemeanor."
Florida felony and misdemeanor classes
Fla. Stat. 775.081 classifies felonies "for the purpose of sentence and for any other purpose specifically provided by statute" into five categories and misdemeanors into two. A capital felony and a life felony must be designated as such by statute; other felonies carry the degree their own statute assigns.
| Class | Felony or misdemeanor | Maximum term | Maximum fine | Statute |
|---|---|---|---|---|
| Capital felony | Felony | Death (if the Fla. Stat. 921.141 sentencing proceeding so determines), otherwise life without parole; different rules for offenses committed before age 18 | No fine authorized: Fla. Stat. 775.083(1) covers offenses other than capital felonies | Fla. Stat. 775.082(1)(a) |
| Life felony | Felony | Life, or a term of years not exceeding life (offenses on or after July 1, 1995; other rules apply in some cases) | Up to $15,000 | Fla. Stat. 775.082(3)(a)3.; 775.083(1)(a) |
| Felony of the first degree | Felony | Up to 30 years, or up to life when a statute specifically provides | Up to $10,000 | Fla. Stat. 775.082(3)(b)1.; 775.083(1)(b) |
| Felony of the second degree | Felony | Up to 15 years | Up to $10,000 | Fla. Stat. 775.082(3)(d); 775.083(1)(b) |
| Felony of the third degree | Felony | Up to 5 years | Up to $5,000 | Fla. Stat. 775.082(3)(e); 775.083(1)(c) |
| Misdemeanor of the first degree | Misdemeanor | Definite term up to 1 year | Up to $1,000 | Fla. Stat. 775.082(4)(a); 775.083(1)(d) |
| Misdemeanor of the second degree | Misdemeanor | Definite term up to 60 days | Up to $500 | Fla. Stat. 775.082(4)(b); 775.083(1)(e) |
| Noncriminal violation | Not a crime | No imprisonment (exceptions for Chapter 316 and local ordinances) | Up to $500 | Fla. Stat. 775.082(5); 775.083(1)(e) |
These are the ranges for the class itself, set by Fla. Stat. 775.082. The habitual offender rules in Fla. Stat. 775.084, the prison releasee reoffender rule in Fla. Stat. 775.082(9) and the weapon reclassification and mandatory minimums in Fla. Stat. 775.087, described below, set higher or mandatory terms for some cases, and a scoresheet minimum that exceeds the statutory maximum must be imposed (Fla. Stat. 921.0024(2)). A capital offense committed before age 18 is sentenced under Fla. Stat. 775.082(1)(b): for example, a person who actually killed, intended to kill or attempted to kill the victim receives life if the court finds it appropriate after a hearing under Fla. Stat. 921.1401, and otherwise at least 40 years, with a later sentence review. For a life felony, the life-or-years rule quoted in the table applies "Except as provided in subparagraph 4." of Fla. Stat. 775.082(3)(a), and offenses committed before July 1, 1995 fall under other subparagraphs.
The fine amounts come from Fla. Stat. 775.083(1). That subsection also allows "Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim" and "Any higher amount specifically authorized by statute," so an individual offense can carry a larger fine than the class amount.
How a Florida felony sentence is actually set
The class maximum is usually the outer limit, not the typical sentence. For every felony except a capital felony committed on or after October 1, 1998, the Criminal Punishment Code governs sentencing (Fla. Stat. 775.082(8)(d)).
Under that code, a scoresheet totals sentence points and produces the "lowest permissible sentence," which Fla. Stat. 921.0024(2) describes as "the minimum sentence that may be imposed by the trial court, absent a valid reason for departure." When the total is 44 points or fewer, the lowest permissible sentence is any nonstate prison sanction, unless the court decides that a prison sentence, "which may be up to the statutory maximums for the offenses committed, is appropriate." Above 44 points, the minimum in prison months is calculated by subtracting 28 points from the total and decreasing the remainder by 25 percent.
If the lowest permissible sentence under the code exceeds the statutory maximum in Fla. Stat. 775.082, "the sentence required by the code must be imposed," and a total of 363 points or more allows a life sentence (Fla. Stat. 921.0024(2)).
From that floor, "The trial court judge may impose a sentence up to and including the statutory maximum for any offense" (Fla. Stat. 921.002(1)(g)), subject to the scoresheet rule just described. A sentence below the floor is a departure, which "must be articulated in writing by the trial court judge," and the facts supporting it must be shown by a preponderance of the evidence (Fla. Stat. 921.002(1)(f)).
Florida does not use parole for these sentences. Fla. Stat. 921.002(1)(e) says the sentence "reflects the length of actual time to be served," that gain-time cannot reduce it below 85 percent of the prison term, and that the parole provisions of Chapter 947 do not apply to people sentenced under the code.
One rule limits prison for low-scoring third-degree felonies. For a third-degree felony committed on or after July 1, 2009 that is not a forcible felony under Fla. Stat. 776.08 and is not a third-degree felony under Chapter 810, a total of 22 points or fewer means "the court must sentence the offender to a nonstate prison sanction," unless the court makes written findings that a nonstate prison sanction "could present a danger to the public" (Fla. Stat. 775.082(10)).
Habitual felony offenders
Fla. Stat. 775.084 allows extended terms for a habitual felony offender: a person with two or more prior felonies (or other qualified offenses) who commits the new felony while serving a sentence or under supervision, or within 5 years of the last conviction or release. Under Fla. Stat. 775.084(4)(a), the court may sentence a habitual felony offender to life for a life or first-degree felony, up to 30 years for a second-degree felony, and up to 10 years for a third-degree felony.
The same statute sets heavier terms for narrower groups with prior convictions for listed violent felonies. A habitual violent felony offender may receive life for a life or first-degree felony (no release for 15 years), up to 30 years for a second-degree felony (no release for 10 years) and up to 10 years for a third-degree felony (no release for 5 years). A three-time violent felony offender must receive a mandatory minimum term of life, 30, 15 or 5 years, depending on the class. A violent career criminal is sentenced to life for a life or first-degree felony, up to 40 years with a 30-year mandatory minimum for a second-degree felony, and up to 15 years with a 10-year mandatory minimum for a third-degree felony (Fla. Stat. 775.084(4)(b)-(d)). For offenses on or after October 1, 1995, the court may decline the habitual felony, habitual violent felony or violent career criminal sentence if it finds the sentence is not necessary to protect the public (Fla. Stat. 775.084(4)(e)).
Prison releasee reoffenders
A prison releasee reoffender is a person who commits or attempts a listed offense (among them murder, sexual battery, carjacking, robbery, kidnapping and aggravated battery) within 3 years after release from a state correctional facility or certain other facilities, or while serving a prison sentence. When the state attorney seeks it and proves that status by a preponderance of the evidence, the court must impose the statutory maximum: life for a felony punishable by life, 30 years for a first-degree felony, 15 years for a second-degree felony and 5 years for a third-degree felony, and the person "must serve 100 percent of the court-imposed sentence" (Fla. Stat. 775.082(9)).
Habitual misdemeanor offenders
A habitual misdemeanor offender is a defendant sentenced for a specified misdemeanor who has four or more prior specified misdemeanor convictions as an adult, each a separate offense committed within 1 year of the current one. Unless the court finds that "an alternative disposition is in the best interests of the community and defendant," it must impose 6 months to 1 year in county jail, or 6 months to 364 days in residential treatment or supervised detention at a designated residence (Fla. Stat. 775.0837(2)).
Offenses with no degree stated
When a statute declares a crime to be a felony without naming its degree, Fla. Stat. 775.081(1) makes it a felony of the third degree, "except that this provision shall not affect felonies punishable by life imprisonment for the first offense." A misdemeanor with no degree stated is a misdemeanor of the second degree (Fla. Stat. 775.081(2)).
Can a Florida felony be reduced to a misdemeanor?
Florida's general classification, penalty, fine and sentencing sections (Fla. Stat. 775.08, 775.081, 775.082, 775.083, 775.084, 921.002 and 921.0024) contain no provision that lets a court reclassify a felony as a misdemeanor across the code. The degree of an offense comes from the statute that defines it, though general reclassification statutes can raise it. For example, unless weapon use is an essential element of the offense, Fla. Stat. 775.087(1) moves a felony up one degree (a first-degree felony becomes a life felony) when the person carries, displays, uses, threatens to use or attempts to use a weapon or firearm, or commits an aggravated battery, during it. Fla. Stat. 775.087(2) separately sets mandatory minimum prison terms for listed felonies involving a firearm, generally 10 years for possessing one, 20 years for discharging it and 25 years to life when the discharge causes death or great bodily harm, with lower minimums for a few listed offenses.
What Chapter 775 does contain is a limit on withholding adjudication of guilt. Under Fla. Stat. 775.08435(1), the court "may not withhold adjudication of guilt" for any capital, life or first-degree felony. For a second-degree felony, it may do so only if the state attorney requests it in writing or the court makes written findings that withholding adjudication "is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026." No withhold is allowed for a second-degree felony if the person has a prior felony withhold from a different transaction, and the section also limits withholds for third-degree domestic-violence felonies and for third-degree felonies after earlier withholds, barring them after two or more (Fla. Stat. 775.08435(1)(b)-(d)).
Is a noncriminal violation a crime in Florida?
No. Fla. Stat. 775.08(3) defines a noncriminal violation as an offense punishable "by no other penalty than a fine, forfeiture, or other civil penalty," and states that it "does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense."
A person convicted of a noncriminal violation "may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county" (Fla. Stat. 775.082(5)). The fine may not exceed $500, subject to the double-gain-or-loss and statute-specific exceptions in Fla. Stat. 775.083(1).
Probation in Florida
Felony probation. "Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court" (Fla. Stat. 948.04(1)). The 2-year figure is a default, not a cap: the court can specify a different term, and the statute says no defendant placed on probation under Fla. Stat. 948.012(1) is subject to that limit.
Misdemeanor probation. A defendant found guilty of a misdemeanor who is placed on probation "shall be under supervision not to exceed 6 months unless otherwise specified by the court" (Fla. Stat. 948.15(1)). This is also a default that the court can change. For a non-felony offense in which alcohol or a controlled substance is a significant factor, the statute allows probation of up to 1 year.
The outer limit after a revocation. When the court imposes a new term of supervision after revoking probation, it gives no credit for time already served on probation, but the new term, combined with time served on earlier terms for the offenses before the court, cannot exceed the maximum penalty allowed by Fla. Stat. 775.082 (Fla. Stat. 948.06(3)).
What happens after a probation violation in Florida
Fla. Stat. 948.06(2)(a) requires the court to advise the probationer of the charged violation. If the violation is admitted, the court "may forthwith revoke, modify, or continue the probation or community control or place the probationer into a community control program." If probation is revoked, the court adjudges the person guilty (if not already adjudged) and may "impose any sentence which it might have originally imposed" (Fla. Stat. 948.06(2)(b)). For a split sentence, Fla. Stat. 948.012(2)(b) gives the court the same power on revocation.
A narrower rule covers some first technical violations. Under Fla. Stat. 948.06(2)(f), except as provided in subparagraph 3. or when the probationer waives it, the court "shall modify or continue a probationary term" when all of these apply: the supervision is probation (not community control), the probationer is not a violent felony offender of special concern, the violation is a low-risk technical violation as defined in the statute, and the court has not previously found a violation on a filed affidavit during the current term. When modifying probation under that rule, the court may include up to 90 days in county jail as a special condition, but the total incarceration may not exceed the Fla. Stat. 775.082 maximum.
Recent changes
Chapter 2026-149, Laws of Florida (SB 436), effective July 1, 2026, amended Fla. Stat. 775.082. It added "Battery on a law enforcement officer which results in bodily injury" to the list of offenses in subsection (9) that trigger that subsection's prison releasee reoffender sentencing (the mandatory statutory maximum described above) for people who commit them "within 3 years after being released from a state correctional facility." The class ranges and fines discussed above are unchanged by that act.
The felony and misdemeanor definitions in Fla. Stat. 775.08 were last amended in 1988 (ch. 88-196), and the class scheme in Fla. Stat. 775.081 in 1972 (ch. 72-724).
Related legal issues
- How specific crimes are graded. The degree of each offense comes from its own statute. Our Florida theft laws page explains how theft moves between misdemeanor and felony degrees, and Florida assault and battery laws covers the violent-offense side.
- Life sentences. Capital and life felonies and some first-degree felonies can carry life imprisonment; see how long a life sentence is in Florida.
- Clearing a record. Sealing and expunction have their own eligibility rules, covered in Florida expungement laws.
- Time limits to charge. See the Florida statute of limitations page.
Federal law adds one consequence tied to these classes: 18 U.S.C. 922(g)(1) bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20) excludes any state offense "classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal side.
Related pages
- Felony and misdemeanor classes by state
- Florida theft laws
- Florida assault and battery laws
- Florida expungement laws
- How long is a life sentence in Florida?
- Georgia felony and misdemeanor classes
- Alabama felony and misdemeanor classes
This page provides general legal information about Florida's offense classification and sentencing statutes. It is not legal advice. For a specific situation, contact a lawyer licensed in Florida.
Last updated: 2026-10-17.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor in Florida?
A felony is punishable by death or imprisonment in a state penitentiary, and any sentence over 1 year (except an extended term) is served there. A misdemeanor is punishable by no more than 1 year in a county correctional facility (Fla. Stat. 775.08).
How much prison time does each felony degree carry in Florida?
Under Fla. Stat. 775.082, the usual maximums are up to 15 years for a second-degree felony and up to 5 years for a third-degree felony; a first-degree felony carries up to 30 years, or up to life where a statute specifically provides. Repeat-offender terms under Fla. Stat. 775.084 and 775.082(9) and weapon reclassification under Fla. Stat. 775.087 can raise or fix the term, and for felonies committed on or after October 1, 1998 the Criminal Punishment Code scoresheet sets the minimum, which must be imposed even if it exceeds the class maximum.
What is a first-degree misdemeanor in Florida?
It is the higher of Florida's two misdemeanor degrees, punishable by a definite term of up to 1 year and a fine of up to $1,000 (Fla. Stat. 775.082(4)(a), 775.083(1)(d)). A statute can authorize a higher fine, and the fine can also be set at double the offender's gain or the victim's loss. A habitual misdemeanor offender generally faces 6 months to 1 year (Fla. Stat. 775.0837).
What happens if a Florida statute does not say what degree a felony is?
It is a third-degree felony, except for felonies punishable by life imprisonment for a first offense. A misdemeanor with no degree stated is a second-degree misdemeanor (Fla. Stat. 775.081).
Is a noncriminal violation a crime in Florida?
No. Fla. Stat. 775.08(3) says a noncriminal violation does not constitute a crime. It carries only a fine, forfeiture or civil penalty, with a fine generally capped at $500, and no jail except as Chapter 316 or a local ordinance provides (Fla. Stat. 775.082(5), 775.083(1)(e)).
How long is probation in Florida?
Felony probation is 2 years and misdemeanor probation 6 months unless the court specifies otherwise; for a non-felony offense in which alcohol or a controlled substance is a significant factor, misdemeanor probation may be up to 1 year (Fla. Stat. 948.04(1), 948.15(1)). After a revocation, a new term combined with time already served on earlier terms cannot exceed the Fla. Stat. 775.082 maximum (Fla. Stat. 948.06(3)).
What can a Florida court do after a probation violation?
It may revoke, modify or continue probation, and on revocation it may impose any sentence it could originally have imposed (Fla. Stat. 948.06(2)). For certain first low-risk technical violations it must modify or continue probation instead, with up to 90 days in county jail allowed as a condition (Fla. Stat. 948.06(2)(f)).
Does Florida have parole?
Not for sentences under the Criminal Punishment Code, which covers felonies other than capital felonies committed on or after October 1, 1998. Fla. Stat. 921.002(1)(e) says the Chapter 947 parole provisions do not apply and the sentence cannot be shortened below 85 percent of the prison term.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 775.08Classes and definitions of offenses.In force
When used in the laws of this state:(1) The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year. (2) The term “misdemeanor” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term “misdemeanor” shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance. (3) The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 775.081Classifications of felonies and misdemeanors.In force
(1) Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:(a) Capital felony; (b) Life felony; (c) Felony of the first degree; (d) Felony of the second degree; and (e) Felony of the third degree. A capital felony and a life felony must be so designated by statute. Other felonies are of the particular degree designated by statute. Any crime declared by statute to be a felony without specification of degree is of the third degree, except that this provision shall not affect felonies punishable by life imprisonment for the first offense. (2) Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:(a) Misdemeanor of the first degree; and (b) Misdemeanor of the second degree. A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 775.082Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.In forcecited in 17 of our articles
(1)(a) Except as provided in paragraph (b), a person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in a determination that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole. (b)1. A person who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age shall be punished by a term of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. If the court finds that life imprisonment is not an appropriate sentence, such person shall be punished by a term of imprisonment of at least 40 years. A person sentenced pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(a). 2.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 291 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Dixon (1973) held Section 775.082, with sections 782.04 and 921.141, constitutional under the test of Furman v. Georgia. Kenneth R. Jackson v. State of Florida (2017) held that Section 775.082(2)'s automatic life-sentence remedy did not apply after Hurst v. Florida, which invalidated only certain sentencing procedures.
Opinions citing this section in our collection:
- State v. Dixon (Supreme Court of Florida 1973, 283 So. 2d 1)✓Four consolidated murder cases challenged Florida's post-Furman capital scheme; the Florida Supreme Court held sections 775.082, 782.04 and 921.141 constitutional, reading the listed aggravating and mitigating circumstances as definite enough to channel sentencing discretion.
- Woods v. State (District Court of Appeal of Florida 1999, 740 So. 2d 20)✓Woods committed an unarmed robbery about a month after release from prison and was sentenced to 15 years as a prison releasee reoffender under section 775.082(8); the court affirmed, rejecting separation of powers, vagueness and equal protection challenges.
- Kenneth R. Jackson v. State of Florida (Supreme Court of Florida 2017, 42 Fla. L. Weekly Supp. 361)✓Jackson was sentenced to death for a murder during a sexual battery on an 11-1 jury recommendation; the court found Hurst error but held section 775.082(2)'s life-sentence remedy inapplicable, since Hurst voided only part of section 921.141, and ordered a new penalty phase.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hit and Run Laws in the United States (2026 Guide), How Long Is a Life Sentence in Florida? (2026 Guide), Florida's New Hit-and-Run Law Lets Courts Order Restitution for Property Damage
§ 775.083Fines.In forcecited in 6 of our articles
(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:(a) $15,000, when the conviction is of a life felony. (b) $10,000, when the conviction is of a felony of the first or second degree. (c) $5,000, when the conviction is of a felony of the third degree. (d) $1,000, when the conviction is of a misdemeanor of the first degree. (e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation. (f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim. (g) Any higher amount specifically authorized by statute. Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Pullam v. State (District Court of Appeal of Florida 2011, 55 So. 3d 674)“…ten judgment for fines and costs includes a $200 fine under section 775.083, Florida Statutes (2009). Fines under section 775.083 are…”
- Stone v. State (District Court of Appeal of Florida 1986, 11 Fla. L. Weekly 2562)“…stem. In contrast, a fine imposed as punishment pursuant to section 775.083, Florida Statutes (1985), is placed into a government's g…”
- Amendments to the Florida Rules of Criminal Procedure (Supreme Court of Florida 2004, 29 Fla. L. Weekly Supp. 568)“…ecked and completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence pag…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Audio Recording Laws: All-Party Consent Rules and Penalties (2026), Florida Surveillance Camera Laws (2026 Guide), Florida Age of Consent Laws: Statutes, Penalties and Reporting
§ 921.0024Criminal Punishment Code; worksheet computations; scoresheets.In force
(1)(a) The Criminal Punishment Code worksheet is used to compute the subtotal and total sentence points as follows:FLORIDA CRIMINAL PUNISHMENT CODE WORKSHEET OFFENSE SCORE Primary Offense LevelSentence Points Total 10116= 992= 874= 756= 636= 528= 422= 316= 210= 14= Total Additional Offenses LevelSentence Points Counts Total 1058x = 946x = 837x = 728x = 618x = 55.4x = 43.6x = 32.4x = 21.2x = 10.7x = M0.2x = Total Victim Injury LevelSentence Points Number Total 2nd degree murder- death240x = Death120x = Severe40x = Moderate18x = Slight4x = Sexual penetration80x = Sexual contact40x = Total Primary Offense + Additional Offenses + Victim Injury = TOTAL OFFENSE SCORE PRIOR RECORD SCORE Prior Record LevelSentence Points Number Total 1029x = 923x = 819x = 714x = 69x = 53.6x = 42.4x = 31.6x = 20.8x = 10.5x = M0.2x = Total TOTAL OFFENSE SCORE TOTAL PRIOR RECORD SCORE LEGAL STATUS COMMUNITY SANCTION VIOLATION PRIOR SERIOUS FELONY PRIOR CAPITAL FELONY FIREARM OR SEMIAUTOMATIC WEAPON SUBTOTAL PRISON RELEASEE REOFFENDER (no)(yes) VIOLENT CAREER CRIMINAL (no)(yes) HABITUAL VIOLENT OFFENDER (no)(yes) HABITUAL OFFENDER…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 921.002The Criminal Punishment Code.In force
The Criminal Punishment Code shall apply to all felony offenses, except capital felonies, committed on or after October 1, 1998.(1) The provision of criminal penalties and of limitations upon the application of such penalties is a matter of predominantly substantive law and, as such, is a matter properly addressed by the Legislature. The Legislature, in the exercise of its authority and responsibility to establish sentencing criteria, to provide for the imposition of criminal penalties, and to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated, has determined that it is in the best interest of the state to develop, implement, and revise a sentencing policy. The Criminal Punishment Code embodies the principles that:(a) Sentencing is neutral with respect to race, gender, and social and economic status. (b) The primary purpose of sentencing is to punish the offender. Rehabilitation is a desired goal of the criminal justice system but is subordinate to the goal of punishment. (c) The penalty imposed is commensurate with the severity of the primary offense and the circumstances surrounding the primary offense.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 948.04Period of probation; duty of probationer; early termination; conversion of term.In force
(1) Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court. No defendant placed on probation pursuant to s. 948.012(1) is subject to the probation limitations of this subsection. A defendant who is placed on probation or community control for a violation of chapter 794 or chapter 827 is subject to the maximum level of supervision provided by the supervising agency, and that supervision shall continue through the full term of the court-imposed probation or community control. (2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his or her probation.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 948.15Misdemeanor probation services.In force
(1) A defendant found guilty of a misdemeanor who is placed on probation shall be under supervision not to exceed 6 months unless otherwise specified by the court. Probation supervision services for a defendant found guilty of a misdemeanor for possession of a controlled substance or drug paraphernalia under chapter 893 may be provided by a licensed substance abuse education and intervention program, which may provide substance abuse education and intervention as well as any other terms and conditions of probation. In relation to any offense other than a felony in which the use of alcohol; a controlled substance, as defined in s. 893.02; a controlled substance analog, as defined in s. 893.0356; or a chemical substance described in s. 877.111(1) is a significant factor, the period of probation may be up to 1 year. (2) A private entity or public entity, including a licensed substance abuse education and intervention program, under the supervision of the board of county commissioners or the court may provide probation services and licensed substance abuse education and treatment intervention programs for misdemeanor offenders sentenced or placed on probation.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 948.06Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.In force
(1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any probation officer may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and return him or her to the court granting such probation or community control. (b) Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 775.084Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.In force
(1) As used in this act:(a) “Habitual felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(a), if it finds that:1. The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses. 2. The felony for which the defendant is to be sentenced was committed:a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for a felony or other qualified offense; or b. Within 5 years of the date of the conviction of the defendant’s last prior felony or other qualified offense, or within 5 years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later. 3. The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 775.08435Prohibition on withholding adjudication in felony cases.In force
(1) Notwithstanding the provisions of s. 948.01, the court may not withhold adjudication of guilt upon the defendant for:(a) Any capital, life, or first degree felony offense. (b) A second degree felony offense unless:1. The state attorney requests in writing that adjudication be withheld; or 2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026. Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense. (c) A third degree felony that is a crime of domestic violence as defined in s. 741.28, unless:1. The state attorney requests in writing that adjudication be withheld; or 2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with s. 921.0026.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 948.012Split sentence of probation or community control and imprisonment.In force
(1) If punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation or, with respect to any such felony, into community control upon completion of any specified period of such sentence which may include a term of years or less. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court. Except as provided in s. 944.4731(2)(b) and subsection (6), the period of probation or community control shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
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Sources and References
- Fla. Stat. 775.08, Classes and definitions of offenses(flsenate.gov).gov
- Fla. Stat. 775.081, Classifications of felonies and misdemeanors(flsenate.gov).gov
- Fla. Stat. 775.082, Penalties; applicability of sentencing structures(flsenate.gov).gov
- Fla. Stat. 775.083, Fines(flsenate.gov).gov
- Fla. Stat. 921.002, The Criminal Punishment Code(flsenate.gov).gov
- Fla. Stat. 921.0024, Criminal Punishment Code worksheet computations and scoresheets(flsenate.gov).gov
- Fla. Stat. 948.04, Period of probation(flsenate.gov).gov
- Fla. Stat. 948.15, Misdemeanor probation services(flsenate.gov).gov
- Fla. Stat. 948.06, Violation of probation or community control(flsenate.gov).gov
- Fla. Stat. 775.084, Habitual felony offenders and related enhanced penalties(flsenate.gov).gov
- Fla. Stat. 775.08435, Prohibition on withholding adjudication in felony cases(flsenate.gov).gov
- Fla. Stat. 948.012, Split sentence of probation or community control and imprisonment(flsenate.gov).gov
- Florida Senate, SB 436 (2026), Chapter 2026-149, Laws of Florida(flsenate.gov).gov
- 18 U.S.C. 922, Unlawful acts(law.cornell.edu)
- 18 U.S.C. 921, Definitions(law.cornell.edu)
- Fla. Stat. 775.087, Possession or use of weapon; felony reclassification; minimum sentence(flsenate.gov).gov
- Fla. Stat. 775.0837, Habitual misdemeanor offenders(flsenate.gov).gov
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