§ 794.0116, Fla. Stat. · Chapter 794. SEXUAL BATTERY
Sexual offenses by persons previously convicted of sexual offenses.
Text — 2026 Florida Statutes
(1) A person who was previously convicted of or had adjudication withheld for an offense specified in s. 943.0435(1)(h)1.a. and commits a violation of s. 800.04(5); s. 825.1025(3); s. 827.071(2), (3), (4), or (5)(a); s. 847.0135; s. 847.0137; or s. 847.0145 shall be sentenced to a mandatory minimum term of imprisonment as follows:
Statute Mandatory Minimum
(a) 800.04(5) 15 years
(b) 825.1025(3) 10 years
(c) 827.071(2) 30 years
(d) 827.071(3) 20 years
(e) 827.071(4) 15 years
(f) 827.071(5)(a) 10 years
(g) 847.0135 10 years
(h) 847.0137 10 years
(i) 847.0145 30 years
(2) Notwithstanding s. 775.082(3), chapter 958, any other law, or any interpretation or construction thereof, a person subject to sentencing under this section must be sentenced to the mandatory term of imprisonment provided under this section. If the mandatory minimum term of imprisonment imposed under this section exceeds the maximum sentence authorized under s. 775.082, s. 775.084, or chapter 921, the mandatory minimum term of imprisonment under this section must be imposed. If the mandatory minimum term of imprisonment under this section is less than the sentence that could be imposed under s. 775.082, s. 775.084, or chapter 921, the sentence imposed must include the mandatory minimum term of imprisonment under this section.
(3) A defendant sentenced to a mandatory minimum term of imprisonment under this section is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, before serving the minimum sentence.
Notes and commentary — not statutory text
History
s. 1, ch. 2025-135; s. 7, ch. 2026-20.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/0794.html
- Text hash
- sha256 e83ff44f59a6336fc05a6a9c5416ac8185ec5c5e42a42341144c511506ad8a69
- Composed by
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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
- § 775.082, Fla. Stat.Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.Printed as s. 775.082; s. 775.082(3)
- § 775.084, Fla. Stat.Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.Printed as s. 775.084
- § 800.04, Fla. Stat.Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.Printed as s. 800.04(5)
- § 825.1025, Fla. Stat.Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
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