§ 775.0845, Fla. Stat. · Chapter 775. GENERAL PENALTIES; REGISTRATION OF CRIMINALS
Wearing mask while committing offense; reclassification.
Text — 2026 Florida Statutes
The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.
(1)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.
(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.
(2)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.
(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under former s. 921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the offense committed.
Notes and commentary — not statutory text
History
s. 2, ch. 81-249; s. 21, ch. 95-184; s. 1, ch. 97-39; s. 1185, ch. 97-102; s. 13, ch. 97-194; s. 25, ch. 2009-20.
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
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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
- § 876.12, Fla. Stat.Wearing mask, hood, or other device on public way.Printed as ss. 876.12-876.15
- § 876.15, Fla. Stat.Wearing mask, hood, or other device at demonstration or meeting.Printed as ss. 876.12-876.15
- Fla. Stat. ch. 921SENTENCEPrinted as chapter 921
- § 921.0022, Fla. Stat.Criminal Punishment Code; offense severity ranking chart.Printed as s. 921.0022
Cited by 2 provisions
Provisions in this library whose text cites § 775.0845, Fla. Stat.. Each shows the citation as that text prints it.
Florida Rules of Criminal Procedure
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.