Florida Statute 775.823 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.0823

775.0823 Violent offenses committed against specified justice system personnel.—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.

(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.

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.

F.S. 775.0823 on Google Scholar

F.S. 775.0823 on CourtListener

Amendments to 775.0823

Annotations, Discussions, Cases:

Cases Citing Statute 775.0823

Total Results: 56

San Martin v. State

717 So. 2d 462, 1998 WL 303859

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 1681448

Cited 80 times | Published

statutory time bar). [11] As provided in section 775.0823(1), Florida Statutes (1991), the penalty for

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

"possibility of parole for 25 years." See F.S. 775.0823. Note to Give in all cases before

State v. Iacovone

660 So. 2d 1371, 1995 WL 555298

Supreme Court of Florida | Filed: Sep 21, 1995 | Docket: 1635148

Cited 49 times | Published

Ch. 89-100, § 2(1), Laws of Fla. (enacting section 775.0823) ("[L]aw enforcement ... officers are constantly

Fernandez v. State

730 So. 2d 277, 1999 WL 92234

Supreme Court of Florida | Filed: Feb 25, 1999 | Docket: 1647928

Cited 44 times | Published

imprisonment without eligibility for release. See § 775.0823(1), Fla. Stat. (1991). The jury's guilt-phase

Thompson v. State

695 So. 2d 691, 1997 WL 311858

Supreme Court of Florida | Filed: Jun 12, 1997 | Docket: 856950

Cited 38 times | Published

as section 775.0823, Florida Statutes (1995). See ch. 95-184, § 17, Laws of Fla. Section 775.0823, Florida

Hardy v. State

716 So. 2d 761, 1998 WL 306613

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 424729

Cited 23 times | Published

without eligibility for release pursuant to section 775.0823, Florida Statutes (1991).[2] It is so ordered

Madrigal v. State

683 So. 2d 1093, 1996 WL 668423

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 1514982

Cited 9 times | Published

5 enhancement multiplier for violation of section 775.0823(10), Florida Statutes, occurring after October

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

_______ years before release in accordance with section 775.0823, Florida Statutes. Capital Offense

In Re Jury Inst. in Criminal Cases

678 So. 2d 1224, 1996 WL 268004

Supreme Court of Florida | Filed: Aug 29, 1996 | Docket: 1470810

Cited 8 times | Published

of "possibility of parole for 25 years." See F.S. 775.0823. Note to Judge Give in all cases before taking

Wheeler v. State

124 So. 3d 865, 2013 WL 3214434

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60235573

Cited 7 times | Published

— a crime for which Wheeler was being tried. § 775.0823, Fla. Stat. (2005). Moreover, even in Burgos

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

____ years before release in accordance with section 775.0823, Florida Statutes. (Offenses committed before

Brown v. Crosby

249 F. Supp. 2d 1285, 2003 U.S. Dist. LEXIS 4362, 2003 WL 1562197

District Court, S.D. Florida | Filed: Mar 19, 2003 | Docket: 2517864

Cited 6 times | Published

of a law-enforcement officer. See Fla. Stat., § 775.0823 (1990). Prior to deliberations and as part of

Clark v. State

779 So. 2d 343, 2000 WL 126074

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 420462

Cited 6 times | Published

violent crimes against correctional officers. See § 775.0823, Fla. Stat. (1999). A simple battery upon a correctional

Watson v. State

749 So. 2d 556, 2000 WL 24872

District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1690240

Cited 6 times | Published

violation of the Law Enforcement Protection Act, section 775.0823, Florida Statutes (1997). When the information

Iacovone v. State

639 So. 2d 1108, 1994 WL 380914

District Court of Appeal of Florida | Filed: Jul 22, 1994 | Docket: 1712705

Cited 6 times | Published

See Ch. 89-100, § 2, Laws of Fla. (creating § 775.0823, Fla. Stat.). It is obvious that this intent

Sweeney v. State

138 So. 3d 1095, 2014 WL 1795535, 2014 Fla. App. LEXIS 6726

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240468

Cited 5 times | Published

demonstrated a scrivener’s error in the citation to section 775.0823, Florida Statutes (1991), in appellant’s written

Jenkins v. State

692 So. 2d 893, 1997 WL 213991

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 1524622

Cited 5 times | Published

without possibility of parole in accordance with section 775.0823(1), Florida Statutes (1991). On the evening

Kenon v. State

780 So. 2d 258, 2001 WL 173298

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 1298604

Cited 4 times | Published

second issue, Kenon argues that pursuant to section 775.0823, Florida Statutes (1997), he must receive

Matthews v. State

774 So. 2d 1, 2000 WL 627653

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1330694

Cited 4 times | Published

against him did not allege a violation of section 775.0823, Florida Statutes (Supp.1998). See Watson

Mitchell v. State

689 So. 2d 1118, 1997 WL 54824

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 1739233

Cited 4 times | Published

denied, 599 So.2d 654 (Fla.1992), we hold that section 775.0823, Florida Statutes, does not require that the

Darst v. State

816 So. 2d 680, 2002 WL 463441

District Court of Appeal of Florida | Filed: Mar 28, 2002 | Docket: 1753597

Cited 3 times | Published

5 if the primary offense is a violation of section 775.0823(10), a statute proscribing an aggravated assault

Sheffield v. State

214 So. 3d 763, 2017 WL 1093191, 2017 Fla. App. LEXIS 3826

District Court of Appeal of Florida | Filed: Mar 23, 2017 | Docket: 60264231

Cited 2 times | Published

of the Law Enforcement Protection Act under section 775.0823, Florida Statutes). Accordingly, we reverse

McKowen v. State

816 So. 2d 1254, 2002 WL 1072062

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 2541231

Cited 2 times | Published

habitual offender sentence was illegal because section 775.0823 of the Florida Statutes (1999) required that

State v. Robertson

614 So. 2d 1155, 1993 WL 36288

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 449301

Cited 2 times | Published

unless the legislature meant something else. Section 775.0823 (involving crimes of violence against police

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

____ years before release in accordance with section 775.0823, Florida Statutes. (Offenses committed before

In Re Amendments to Fl. Rules of Crim. Procedure

998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

____ years before release in accordance with section 775.0823, Florida Statutes. Capital Offense ____ It

Esteves v. State

966 So. 2d 470, 2007 WL 2935493

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 2570312

Cited 1 times | Published

committed in January 1995. He asserted that section 775.0823(9), Florida Statutes (1995), authorized the

State v. McKenzie

574 So. 2d 1176, 1991 WL 15557

District Court of Appeal of Florida | Filed: Feb 7, 1991 | Docket: 1729800

Cited 1 times | Published

certain mandatory minimum sentences include section 775.0823, Florida Statutes (1989), section 775.087(2)

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

years before release in accordance with section 775.0823, Florida Statutes. (Offenses committed before

Graves v. State

248 So. 3d 1238

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061976

Published

handwriting to indicate “30 as HO.” Construing section 775.0823, Florida Statutes (2007), the trial court

Allen v. State

211 So. 3d 55, 2017 Fla. App. LEXIS 83

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262665

Published

enforcement officer, they have increased penalties. See § 775.0823, Fla. Stat. (2014). The plain meaning of section

Chad Bodette v. State

186 So. 3d 1123

District Court of Appeal of Florida | Filed: Mar 7, 2016 | Docket: 3045749

Published

the ten-year minimum mandatory pursuant to section 775.0823, Florida Statutes (2012), the Law Enforcement

Alfonso Alzamora v. State

186 So. 3d 1124, 2016 WL 916809

District Court of Appeal of Florida | Filed: Mar 7, 2016 | Docket: 3045750

Published

Law Enforcement Protection Act codified at section 775.0823. See ch. 95-184, § 17, at 1707-08

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

before release in accordance with section 775.0823, Florida Statutes. (Offenses committed

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

before release in accordance with section 775.0823, Florida Statutes. (Offenses committed

Hargrove v. State

182 So. 3d 910, 2016 Fla. App. LEXIS 501, 2016 WL 165373

District Court of Appeal of Florida | Filed: Jan 15, 2016 | Docket: 60252836

Published

775.087, Florida Statutes (2014), and not section 775.0823, Florida Statutes (2014). AFFIRMED and REMANDED

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

of_years before release in accordance with section 775,0823, Florida Statutes. (Offenses committed before

Ramroop v. State

174 So. 3d 584, 2015 Fla. App. LEXIS 13194, 2015 WL 5165545

District Court of Appeal of Florida | Filed: Sep 4, 2015 | Docket: 60250439

Published

(3) from section 784.07 and reenacted it in section 775.0823, the Law Enforcement Protection Act (“LEPA”)

Lindsey v. State

168 So. 3d 267, 2015 Fla. App. LEXIS 9511, 2015 WL 3875264

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 60248631

Published

(2010), applicable to capital felonies, and section 775.0823(1), applicable to the murder of a law enforcement

Jordan v. State

103 So. 3d 253, 2012 Fla. App. LEXIS 21793, 2012 WL 6600362

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227052

Published

the Law Enforcement Protection Act (“LEPA”), section 775.0823, Florida Statutes (2010). We agree that LEPA

Dutton v. State

89 So. 3d 963, 2012 WL 1393477, 2012 Fla. App. LEXIS 6317

District Court of Appeal of Florida | Filed: Apr 24, 2012 | Docket: 60308859

Published

the Law Enforcement Protection Act (“LEPA”), section 775.0823, Florida Statutes. However, because the trial

Williams v. State

888 So. 2d 759, 2004 Fla. App. LEXIS 19393, 2004 WL 2921795

District Court of Appeal of Florida | Filed: Dec 20, 2004 | Docket: 64834723

Published

pursuant to § 921.0014(1), Fla. Stat. (1993). See § 775.0823(7), Fla. Stat. (1993). Thus, although the complimentary

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

of_ years before release in accordance with section 775.0823, Florida Statutes. Capital Offense _ It is

Thanonglit v. State

838 So. 2d 1261, 2003 Fla. App. LEXIS 3371, 2003 WL 1092829

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 64821058

Published

officer.2 Nor did the information reference section 775.0823(2), Florida Statutes (2000).3 The jurors were

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

— years before release in accordance with section 775.0823, Florida Statutes. Capital Offense *494_It

Wright v. State

779 So. 2d 399, 2000 WL 1055496

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 1521043

Published

judgment states it was ordered pursuant to section 775.0823, Florida Statutes (1995). The State correctly

Price v. State

762 So. 2d 1035, 2000 Fla. App. LEXIS 9411, 2000 WL 1022382

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 64798848

Published

violation of the Law Enforcement Protection Act, section 775.0823, Florida Statutes (1995). Thus, as the state

Jordan v. State

728 So. 2d 748, 1998 WL 621355

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 53300

Published

part, "If the primary offense is a violation of § 775.0823(3), (4), (5), (6), (7), or (8), the subtotal

Cole v. State

716 So. 2d 325, 1998 Fla. App. LEXIS 10359, 1998 WL 472545

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 64782373

Published

October 1, 1995. See Fla. R.Crim. P. 3.702(d)(14); § 775.0823(2), Fla. Stat. (1995). The score-sheet must be

Standard Jury Instructions in Criminal Cases—No. 96-1

690 So. 2d 1263, 22 Fla. L. Weekly Supp. 98, 1997 Fla. LEXIS 169, 1997 WL 96302

Supreme Court of Florida | Filed: Mar 6, 1997 | Docket: 64772223

Published

inserted in place of “possibility of parole.” See F.S. 775.0823. *1264We commend the Committee for its diligence

Lowell v. State

652 So. 2d 975, 1995 Fla. App. LEXIS 3507, 1995 WL 147391

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 64755254

Published

three years as was imposed on appellant. See § 775.0823(7), Fla.Stat. (1991); Zitzman v. State, 640 So

Lowell v. State

652 So. 2d 975, 1995 Fla. App. LEXIS 3507, 1995 WL 147391

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 64755254

Published

three years as was imposed on appellant. See § 775.0823(7), Fla.Stat. (1991); Zitzman v. State, 640 So

Zitzman v. State

640 So. 2d 1219, 1994 Fla. App. LEXIS 7757, 1994 WL 406607

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 64750072

Published

the mandatory minimum sentence is one year. See § 775.0823(7), Fla.Stat. (1991).2 Thus, we vacate the three-year

State v. Colligan

604 So. 2d 547, 1992 Fla. App. LEXIS 9158, 1992 WL 197777

District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 64669511

Published

motion to correct sentence, pointing out that section 775.0823(6), *549Florida Statutes, required the court

In re Amendments to the Florida Rules of Criminal Procedure-Rules 3.140 & 3.986

603 So. 2d 1144, 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 64669391

Published

of years before release in accordance with section 775.0823, Florida Statutes. Capital Offense __ It is

Jackson v. State

582 So. 2d 149, 1991 Fla. App. LEXIS 6673, 1991 WL 120778

District Court of Appeal of Florida | Filed: Jul 9, 1991 | Docket: 64660024

Published

confession, the sentence imposed, pursuant to Section 775.0823, Florida Statutes (1990 Supp.), in connection