§ 775.0823, Fla. Stat. · Chapter 775. GENERAL PENALTIES; REGISTRATION OF CRIMINALS
Violent offenses committed against specified justice system personnel.
Text — 2026 Florida Statutes
The Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; against any public defender elected pursuant to s. 27.50 or regional counsel appointed pursuant to s. 27.511(3); against any court-appointed counsel appointed under s. 27.40 or defense attorney in a criminal proceeding; or against any justice or judge of a court described in Art. V of the State Constitution, which offense arises out of or in the scope of the officer’s duty as a law enforcement or correctional officer, the state attorney’s or assistant state attorney’s duty as a prosecutor or investigator, the public defender or regional counsel acting in his or her capacity as defense counsel, the court-appointed counsel or defense attorney in a criminal proceeding acting in his or her capacity as defense counsel, or the justice’s or judge’s duty as a judicial officer, as follows:
(1) For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release.
(2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. A person convicted under this subsection must be sentenced to a mandatory minimum term of imprisonment of 25 years.
(3) For attempted felony murder as described in s. 782.051, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(5) For attempted murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(8) For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(9) For kidnapping as described in s. 787.01, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(10) For aggravated battery as described in s. 784.045, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(11) For aggravated assault as described in s. 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.
Notes and commentary — not statutory text
History
s. 3, ch. 89-100; s. 1, ch. 90-77; s. 16, ch. 93-406; s. 17, ch. 95-184; s. 11, ch. 97-194; s. 5, ch. 98-417; s. 3, ch. 2001-236; s. 1, ch. 2007-212; s. 2, ch. 2010-121; s. 5, ch. 2012-21; s. 26, ch. 2016-24; s. 22, ch. 2017-37; s. 12, ch. 2017-107; s. 1, ch. 2023-190; s. 4, ch. 2025-176.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/0775.html
- Text hash
- sha256 c776bdcc8363cc5f654ef741b709acbace36cd5e8780c6739f39804b5234c062
- 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
- § 27.01, Fla. Stat.State attorneys; number, election, terms.Printed as s. 27.01
- § 27.181, Fla. Stat.Assistant state attorneys; appointment; powers and duties; compensation.Printed as s. 27.181
- § 27.40, Fla. Stat.Court-appointed counsel; circuit registries; minimum requirements; appointment by court.Printed as s. 27.40
- § 27.50, Fla. Stat.Public defender; qualifications; election.Printed as s. 27.50
Cited by 3 provisions
Provisions in this library whose text cites § 775.0823, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 782.065, Fla. Stat.Murder; law enforcement officer, correctional officer, correctional probation officer.Printed as ss. 775.082, 775.0823, 782.04, 782.051
- § 921.0024, Fla. Stat.Criminal Punishment Code; worksheet computations; scoresheets.Printed as s. 775.0823(10); s. 775.0823(2); s. 775.0823(5)
- § 947.146, Fla. Stat.Control Release Authority.Printed as s. 775.0823(2)
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.