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Florida Statute 775.0845 | Lawyer Caselaw & Research
F.S. 775.0845 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.0845
775.0845 Wearing mask while committing offense; reclassification.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.

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.

F.S. 775.0845 on Google Scholar

F.S. 775.0845 on Casetext

Amendments to 775.0845


Arrestable Offenses / Crimes under Fla. Stat. 775.0845
Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.0845 1a - PUBLIC ORDER CRIMES - REMOVED - M: F
S775.0845 1b - PUBLIC ORDER CRIMES - REMOVED - F: T
S775.0845 2a - PUBLIC ORDER CRIMES - REMOVED - F: S
S775.0845 2b - PUBLIC ORDER CRIMES - REMOVED - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . provisions of section 921.0023 because of a reclassification of the degree of felony under section 775.0845 . . . increase in offense severity level may result from a reclassification of felony degrees under sections 775.0845 . . .

CLARK, v. STATE, 234 So. 3d 809 (Fla. Dist. Ct. App. 2018)

. . . We disagree with the defendant’s argument, because under the plain language of section 775.0845, Florida . . . Section 775.0845, Florida Statutes (2016), states, in pertinent part: The felony or misdemeanor degree . . . State, 212 So.3d 387, 390-91 (Fla. 4th DCA 2017) (juvenile violated section 775.0845 even .though juvenile . . . Such action constitutes. competent, substantial evidence that the defendant violated section 775.0845 . . .

JERRY, v. STATE, 225 So. 3d 246 (Fla. Dist. Ct. App. 2017)

. . . State, 810 So.2d 873 (Fla. 2002), the court held the same with regard to section 775.0845, which enhances . . .

ROBINSON, v. STATE, 215 So. 3d 1262 (Fla. Dist. Ct. App. 2017)

. . . sentencing, as in the case of habitual offenders, section 775.084, and the wearing of a mask, section 775.0845 . . .

L. D. H. a v. STATE, 212 So. 3d 387 (Fla. Dist. Ct. App. 2017)

. . . Section 775.0845, Florida Statutes (2015), provides in pertinent part: The felony or misdemeanor degree . . . As seen above, neither section 775.0845 nor Standard Juxy Instruction 3.3(e) contain any requirement . . . only “a brief amount of time,” such use of his shirt to conceal his identity still violated section 775.0845 . . . State, 472 So.2d 537, 540 (Fla. 5th DCA 1985) (section 775.0845 “is aimed at criminals who employ devices . . .

WALSH, Jr. v. STATE, 198 So. 3d 783 (Fla. Dist. Ct. App. 2016)

. . . of assault or battery to the next higher degree if the victim was a law enforcement officer; section 775.0845 . . .

GRANT, v. STATE, 189 So. 3d 878 (Fla. Dist. Ct. App. 2016)

. . . See § 775.0845, Fla. Stat. (2010). . . .

PETHTEL, v. STATE, 177 So. 3d 631 (Fla. Dist. Ct. App. 2015)

. . . [I]f the legislature had intended section 775.0845 [Florida Statutes (1989) ] to reclassify offenses, . . . emergency medical care provider, public transit employee or agent, or other specified officer), and § 775.0845 . . .

TRIBBITT, v. STATE, 984 So. 2d 624 (Fla. Dist. Ct. App. 2008)

. . . because the jury found that Tribbitt wore a mask during the commission of the attempted robbery, section 775.0845 . . . State, 838 So.2d 624, 625 (Fla. 4th DCA 2003) (noting that section 775.0845 "requires a scoresheet classification . . .

WILLIAMS, v. STATE, 948 So. 2d 847 (Fla. Dist. Ct. App. 2007)

. . . sentence is illegal because it was enhanced twice, once because the jury found he wore a mask, section 775.0845 . . . Appellant’s argument that section 775.0845 is an enhancement, and not a reclassification of his crime . . . 678 So.2d 315 (Fla.1996), which appellant cites, has been superseded by the 1997 amendment to section 775.0845 . . .

BAKER, v. STATE, 879 So. 2d 663 (Fla. Dist. Ct. App. 2004)

. . . . §§ 812.13(2)(c), 775.0845(2)(b), Fla. Stat. (2001). . . .

J. SUMPTER, v. STATE, 838 So. 2d 624 (Fla. Dist. Ct. App. 2003)

. . . However, both cases were decided prior to the amendment of section 775.0845. . . . In 1995, section 775.0845, Florida Statutes (1995) was amended to clarity that “[f]or the purposes of . . . The prior version of section 775.0845 applied in Finch and Spicer, required that a penalty be increased . . .

HAYDEN, v. STATE, 833 So. 2d 275 (Fla. Dist. Ct. App. 2002)

. . . offense of robbery with a firearm and a mask in violation of sections 812.13(2)(a), 775.087(2), and 775.0845 . . .

CONEY, v. STATE, 833 So. 2d 290 (Fla. Dist. Ct. App. 2002)

. . . At the time Coney committed his offenses, section 775.0845, Florida Statutes (1993), authorized enhanced . . . By contrast, the current version of section 775.0845 is a felony reclassification statute. . . . See § 775.0845, Fla. Stat. (2002). . . . Nevertheless, under either version of 775.0845, the highest felony subject to reclassification or enhanced . . . Coney’s offense, a first degree felony punishable by life, does not implicate section 775.0845. . . .

BOTTOSON, v. W. MOORE,, 833 So. 2d 693 (Fla. 2002)

. . . allow the courts to reclassify the offense and thus exceed the statutory maximum sentence: section 775.0845 . . .

BARTLEY, v. STATE, 817 So. 2d 1065 (Fla. Dist. Ct. App. 2002)

. . . while wearing a mask in violation of sections 812.13(1) and (2)(a), Florida Statutes (2000) and section 775.0845 . . . that even if he did not wear a mask, Bartley could receive an enhanced sentence pursuant to section 775.0845 . . . court reversed our decision, and held that “a defendant’s sentence cannot be enhanced under section 775.0845 . . . robbery with a firearm or other deadly weapon without the sentencing enhancement authorized by section 775.0845 . . . information and the sentencing documents erroneously reference the use of a mask pursuant to section 775.0845 . . .

WRIGHT, v. STATE, 810 So. 2d 873 (Fla. 2002)

. . . This language is similar to that used in section 775.0845 which reclassifies the offense to the next . . . If, however, section 775.0845 is considered to be only a sentencing enhancer, then [State v. . . . See section 775.0845, Fla. Stat. (1997). . . . In view of this decision, I assume the Legislature will have to again amend section 775.0845, Florida . . . Statutes, and state expressly that section 777.011, Florida Statutes, applies to section 775.0845. . . . remained unmasked in his vehicle, his offenses cannot be reclassified under the provisions of section 775.0845 . . . Section 775.0845 provides: The felony or misdemeanor degree of any criminal offense, other than a violation . . . We hold that a defendant’s sentence cannot be enhanced under section 775.0845 without evidence establishing . . . decision that an accomplice to masked offenses is not guilty of the enhanced offenses under section 775.0845 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE CRIMINAL PUNISHMENT CODE, 810 So. 2d 826 (Fla. 2001)

. . . of section 921.0023 because of a reclassification of the degree of felony pursuaet-tounder section 775.0845 . . . offense severity level may result from a reclassification of felony degrees pursuant founder sections 775.0845 . . .

G. COOPER, v. STATE, 800 So. 2d 243 (Fla. Dist. Ct. App. 2001)

. . . trial court enhanced the convictions from second-degree felonies to first-degree felonies under section 775.0845 . . . According to the attached judgment, however, this conviction was not enhanced pursuant to section 775.0845 . . . for felon in possession of a firearm can be reclassified to a first-degree felony pursuant to section 775.0845 . . . State, 686 So.2d 719, 720 n. 1 (Fla. 2d DCA 1997) (noting that the amended version of section 775.0845 . . .

ADAMS, v. STATE, 775 So. 2d 385 (Fla. Dist. Ct. App. 2000)

. . . information alleged that during the commission of each offense, Adams wore a mask, in violation of section 775.0845 . . . and robbery with a mask and were classified as first-degree felonies, presumably pursuant to section 775.0845 . . . Solone explains that section 775.0845(4) provides only for an enhancement of the sentence to be imposed . . . court to reclassify the offenses from second-degree felonies to first-degree felonies because section 775.0845 . . . State, 678 So.2d 315, 317 n. 3 (Fla.1996), section 775.0845 has been amended. . . .

WRIGHT, v. STATE, 767 So. 2d 576 (Fla. Dist. Ct. App. 2000)

. . . out to commit masked offenses, his offenses cannot be reclassified under the provisions of section 775.0845 . . . It appears that the answer to the question should depend on whether section 775.0845 enhances the offense . . . Section 775.0845 is a statute of general application to various felonies and misdemeanors. . . . The earlier version of section 775.0845 was clearly a sentence enhancer. . . . See section 775.0845, Fla. Slat. (1997). . See also Earnest v. State, 351 So.2d 957 (Fla.1977). . . . .

MENDEZ, v. STATE, 747 So. 2d 1032 (Fla. Dist. Ct. App. 1999)

. . . charged him with a reclassified offense which subjected him to increased penalties pursuant to section 775.0845 . . . Section 775.0845 reads, in pertinent parts, as follows: The felony or misdemeanor degree of any criminal . . . Because the charge of armed robbery is not reclassified by section 775.0845, the defendant’s argument . . .

AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE d, 763 So. 2d 997 (Fla. 1999)

. . . provisions of section 921.0023 because of a reclassification of the degree of felony pursuant to section 775.0845 . . . in offense severity level may result from a reclassification of felony degrees pursuant to sections 775.0845 . . .

DRUMWRIGHT, v. STATE, 743 So. 2d 1120 (Fla. Dist. Ct. App. 1999)

. . . See § 775.0845 Fla.Stat. (1997). 2. Aggravated battery with a firearm. . . .

NEWMAN, v. STATE, 738 So. 2d 981 (Fla. Dist. Ct. App. 1999)

. . . Section 775.0845, Florida Statutes (1993), was entitled “Wearing mask while committing offense; enhanced . . . the ranking under s. 921.0012, s. 921.0013, s. 921.0022 or s. 921.0023 of the offense committed.” § 775.0845 . . . As a result, section 775.0845, Florida Statutes (1997), is now entitled “Wearing mask while committing . . . increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845 . . . provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section 775.0845 . . .

L. GRAY, v. STATE, 742 So. 2d 805 (Fla. Dist. Ct. App. 1999)

. . . officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges), 775.0845 . . .

DURAN, Jr. v. STATE, 738 So. 2d 371 (Fla. Dist. Ct. App. 1999)

. . . The record reflects that in doing so the trial court relied on section 775.0845, Florida Statutes (1993 . . . State, 678 So.2d 315, 317 (Fla.1996): “We find that the plain language of section 775.0845, which is . . .

CARSON, v. STATE, 731 So. 2d 157 (Fla. Dist. Ct. App. 1999)

. . . See § 921.0012, 775.0845, 777.04; Lamont v. State, 610 So.2d 435 (Fla.1992); Maddox v. . . .

GAMBLE, v. STATE, 723 So. 2d 905 (Fla. Dist. Ct. App. 1999)

. . . provisions of section 921.0013, because of a reclassification of the degree of felony pursuant to section 775.0845 . . .

In ADOPTION OF FLORIDA RULES OF CRIMINAL PROCEDURE AND TO IMPLEMENT THE FLORIDA CRIMINAL PUNISHMENT CODE, 721 So. 2d 265 (Fla. 1998)

. . . provisions of section 921.0023 because of a reclassification of the degree of felony pursuant to section 775.0845 . . . in offense severity level may result from a reclassification of felony degrees pursuant to sections 775.0845 . . .

McDONALD, v. STATE, 714 So. 2d 643 (Fla. Dist. Ct. App. 1998)

. . . Section 775.0845, Florida Statutes (1995), was amended effective October 1, 1995, to clarify that “for . . . State, 678 So.2d 315 (Fla.1996), which held that the prior version of section 775.0845 acted to enhance . . . See Cabal, 678 So.2d at 317 n. 3.In 1997, the legislature further amended section 775.0845 in response . . . As section 775.0845 acted to reclassify McDonald’s robbery conviction from a second degree felony to . . .

BILLIOT, v. STATE, 711 So. 2d 1277 (Fla. Dist. Ct. App. 1998)

. . . two issues on appeal: (1) whether the trial court erred in enhancing his sentence pursuant to section 775.0845 . . .

ABBOTT, v. STATE, 705 So. 2d 923 (Fla. Dist. Ct. App. 1997)

. . . State, 678 So.2d 315 (Fla.1996) (construing section 775.0845, providing for enhanced penalties for wearing . . .

FINCH, v. STATE, 693 So. 2d 1067 (Fla. Dist. Ct. App. 1997)

. . . Pursuant to section 775.0845, Florida Statutes (1993), the maximum penalty for the crime of committing . . . Section 775.0845 was amended in 1995 and may now require reclassification, although in the Cabal decision . . .

POE, v. STATE, 689 So. 2d 333 (Fla. Dist. Ct. App. 1997)

. . . . §§ 812.014(1) and (2)(c), 775.0845, 787.01, Fla. Stat. (1993). . § 787.02, Fla. Stat. (1993). . . .

S. SOLONE, v. STATE, 686 So. 2d 719 (Fla. Dist. Ct. App. 1997)

. . . appellant wore a “hood, or mask, or other device that concealed his identity” in violation of section 775.0845 . . . He alleges that the trial court erred in using section 775.0845(4) to reclassify his robbery offenses . . . State, 678 So.2d 315 (Fla.1996), we construed the provisions of section 775.0845(4) and held that this . . . As noted in Cabal, section 775.0845 has since been amended. 678 So.2d at 317 n. 3. . . .

WATSON, v. STATE, 681 So. 2d 823 (Fla. Dist. Ct. App. 1996)

. . . Watson was convicted of attempted robbery with a mask in violation of sections 777.04 and 775.0845, Florida . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE SENTENCING GUIDELINES, 685 So. 2d 1213 (Fla. 1996)

. . . increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845 . . .

CABAL, v. STATE, 678 So. 2d 315 (Fla. 1996)

. . . In Cabal, the district court found that section 775.0845, Florida Statutes (1993), which imposes an enhanced . . . Spi-cer, and quash the decision of the Third District Court in this case because we find that section 775.0845 . . . In Jennings, the First District Court of Appeal determined that section 775.0845 requires that an offense . . . We find that the plain language of section 775.0845, which is entitled “Wearing mask while committing . . . Because the sentencing guidelines did not amend the plain language of section 775.0845 in any way, we . . . subparagraph (d)(10) of Florida Rule of Criminal Procedure 3.701 was published after the enactment of section 775.0845 . . . As interpreted by the majority, section 775.0845 will have little effect because it will only come into . . .

BROWN, Jr. v. STATE, 662 So. 2d 1356 (Fla. Dist. Ct. App. 1995)

. . . This second-degree felony was punishable as if it was a first-degree felony pursuant to section 775.0845 . . . maximum statutory sentence he possibly could receive pursuant to either section 775.084(4)(a) or section 775.0845 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES, 660 So. 2d 1374 (Fla. 1995)

. . . increase in offense severity level may result from a reclassification of felony degrees pursuant to 775.0845 . . .

WILLIAMS, v. STATE, 658 So. 2d 612 (Fla. Dist. Ct. App. 1995)

. . . the court may either sentence the defendant pursuant to the enhanced penalty provisions of section 775.0845 . . .

WOODS a k a D. v. STATE, 654 So. 2d 606 (Fla. Dist. Ct. App. 1995)

. . . See generally section 775.0845, Florida Statutes (1993). We find that to be error. . . .

ARCHIBALD, v. STATE, 646 So. 2d 298 (Fla. Dist. Ct. App. 1994)

. . . . §§ 775.084, 775.0845, 784.045(l)(a)2, (2), (1993). As authority, the defendant cites Spicer v. . . . In Spicer, the court held that section 775.0845(4), Florida Statutes (1989) was an enhanced penalty statute . . .

SANDERS, v. STATE, 621 So. 2d 723 (Fla. Dist. Ct. App. 1993)

. . . . § 775.0845, Fla. Stat.(1985). . . .

SPICER, v. STATE, 615 So. 2d 725 (Fla. Dist. Ct. App. 1993)

. . . If, however, a mask was worn during the commission of the robbery, section 775.0845(4), Florida Statutes . . . In this case, the trial court interpreted section 775.0845(4) as requiring robbery with a mask to be . . . Spicer argues that although section 775.0845 is an enhanced penalty statute, it does not reclassify the . . . If the legislature had intended section 775.0845 to reclassify offenses, it would have so stated, as . . . The court could use the enhanced penalty provisions of section 775.0845 and impose a guidelines sentence . . .

STRAWN, Jr. v. STATE, 576 So. 2d 877 (Fla. Dist. Ct. App. 1991)

. . . Section 775.0845, Florida Statutes, provides for enhanced punishment when crimes are committed while . . .

SULLIVAN, v. STATE, 562 So. 2d 813 (Fla. Dist. Ct. App. 1990)

. . . Appellee argues that enhancement under Section 782.071(2) is comparable to that of Section 775.0845 ( . . . However, the two eases we find under Section 775.0845, although affirming enhancement, are not supportive . . .

BRADLEY, v. STATE, 540 So. 2d 185 (Fla. Dist. Ct. App. 1989)

. . . See e.g., §§ 775.084, 775.0845, 775.0846, 775.-0847, 784.07 and 812.13, Fla.Stat. . . . .

LOOMIS, v. STATE, 531 So. 2d 423 (Fla. Dist. Ct. App. 1988)

. . . The defendant was charged with robbery while wearing a mask in violation of sections 812.13 and 775.0845 . . . Under section 775.0845(4), a felony of the second degree is punishable as if it were a felony of the . . . judgment form should be corrected to reflect the proper degree of the offense and the reference to section 775.0845 . . .

L. FLARITY, v. STATE, 527 So. 2d 295 (Fla. Dist. Ct. App. 1988)

. . . 775.084, Florida Statutes); the wearing of a mask is used to enhance criminal penalties under section 775.0845 . . .

JENNINGS, v. STATE, 498 So. 2d 1373 (Fla. Dist. Ct. App. 1986)

. . . However on its face, § 775.0845, Florida Statutes (1985), the mask statute, reveals language that distinguishes . . . Section 775.0845(4), Florida Statutes (1985). See also Dominguez v. . . . which was accurately reclassified from a third degree to a second degree felony pursuant to Section 775.0845 . . .

B. BING, v. STATE, 492 So. 2d 833 (Fla. Dist. Ct. App. 1986)

. . . See, e.g„ §§ 775.084, 775.0845, 775.0846, 775.-087, 784.07, and 812.13, Fla.Stat. . . .

GOTTHARDT, v. STATE, 475 So. 2d 281 (Fla. Dist. Ct. App. 1985)

. . . See, e.g., § 775.0845, Fla.Stat., increasing the penalty for offenses committed while wearing a mask; . . .

FLETCHER, v. STATE, 472 So. 2d 537 (Fla. Dist. Ct. App. 1985)

. . . He also challenges the trial court’s application of section 775.0845, Florida Statutes (1983), which . . . To-date, no Florida case has discussed section 775.0845, Florida Statutes (1983) except to characterize . . . Nor is the legislative history of section 775.0845 particularly enlightening. . . . We decline to address the defendant’s constitutional attack on section 775.0845, Florida Statutes (1983 . . . Section 775.0845 was enacted as part of Chapter 81-249 which legislative history reads: WHEREAS, the . . . other device that concealed his identity” such as the legislature meant to proscribe in the statute 775.0845 . . .

DOMINGUEZ, v. STATE, 461 So. 2d 277 (Fla. Dist. Ct. App. 1985)

. . . offender, § 775.087, Fla.Stat. (1981), use of a weapon or firearm in commission of a felony, and § 775.0845 . . .

WALCOTT, v. STATE, 460 So. 2d 915 (Fla. Dist. Ct. App. 1984)

. . . sentence, (c) section 947.16(3), Fla.Stat., to retain jurisdiction over parole release, (d) sections 775.0845 . . .

CUTHBERT, v. STATE, 459 So. 2d 1098 (Fla. Dist. Ct. App. 1984)

. . . offender, § 775.087, Fla.Stat. (1981), use of a weapon or firearm in commission of a felony, and § 775.0845 . . .