§ 741.2801, Fla. Stat. · Chapter 741. MARRIAGE; DOMESTIC VIOLENCE
Domestic violence; enhanced penalties.
Text — 2026 Florida Statutes
(1) As used in this section, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
(2) The penalty for a crime of domestic violence shall be reclassified if, at the time of the commission of the offense, the offender has a prior conviction for a crime of domestic violence. The reclassification is as follows:
(a) A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
(b) A misdemeanor of the first degree is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921, such offense is ranked in level 1 of the offense severity ranking chart.
(c) A felony of the third degree is reclassified to a felony of the second degree.
(d) A felony of the second degree is reclassified to a felony of the first degree.
(e) A felony of the first degree is reclassified to a life felony.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked as provided in s. 921.0022 or s. 921.0023 without regard to the penalty enhancement in this section.
(3) The penalty enhancement in this section does not apply to a conviction for felony battery under s. 784.03(2).
Notes and commentary — not statutory text
History
s. 2, ch. 2026-86.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/0741.html
- Text hash
- sha256 8d5262b2537a4c07ff37149e65eb92a45587d02f24a2db86de94c41975995e68
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 784.03, Fla. Stat.Battery; felony battery.Printed as s. 784.03(2)
- Fla. Stat. ch. 921SENTENCEPrinted as chapter 921
- § 921.0022, Fla. Stat.Criminal Punishment Code; offense severity ranking chart.Printed as s. 921.0022
- § 921.0023, Fla. Stat.Criminal Punishment Code; ranking unlisted felony offenses.Printed as s. 921.0023
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.