Florida Statute 775.845 - 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. 775.0845

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.

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Amendments to 775.0845

Annotations, Discussions, Cases:

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

Cases Citing Statute 775.0845

Total Results: 52

Bottoson v. Moore

833 So. 2d 693, 2002 WL 31386790

Supreme Court of Florida | Filed: Oct 24, 2002 | Docket: 1258650

Cited 153 times | Published

thus exceed the statutory maximum sentence: section 775.0845, Florida Statutes (2001), wearing a mask during

In Re Standard Jury Instructions in Criminal Cases—Report 2011-01

73 So. 3d 136, 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064

Supreme Court of Florida | Filed: Sep 8, 2011 | Docket: 2355668

Cited 39 times | Published

HOOD, MASK, OR OTHER DEVICE TO CONCEAL IDENTITY § 775.0845, Fla. Stat. If you find that (defendant) committed

Fletcher v. State

472 So. 2d 537, 10 Fla. L. Weekly 1610

District Court of Appeal of Florida | Filed: Jun 27, 1985 | Docket: 1793737

Cited 24 times | Published

challenges the trial court's application of section 775.0845, Florida Statutes (1983), which enhances the

Cuthbert v. State

459 So. 2d 1098

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 1683353

Cited 16 times | Published

weapon or firearm in commission of a felony, and § 775.0845, Fla. Stat. (1981), wearing a mask while committing

Cabal v. State

678 So. 2d 315, 1996 WL 316124

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1736997

Cited 13 times | Published

1995). In Cabal, the district court found that section 775.0845, Florida Statutes (1993), which imposes an

Sanders v. State

621 So. 2d 723, 1993 WL 177748

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 1677866

Cited 10 times | Published

offense enhances the degree of felony charged. § 775.0845, Fla. Stat.(1985). That statute provides: The

Gamble v. State

723 So. 2d 905, 1999 WL 4950

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1319787

Cited 7 times | Published

reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section

Gotthardt v. State

475 So. 2d 281, 10 Fla. L. Weekly 2108

District Court of Appeal of Florida | Filed: Sep 12, 1985 | Docket: 1302021

Cited 7 times | Published

VI, Classification of Crimes. [7] See, e.g., § 775.0845, Fla. Stat., increasing the penalty for offenses

Cooper v. State

455 So. 2d 588

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 1316658

Cited 7 times | Published

section 775.084, and the wearing of a mask, section 775.0845. Reclassification speaks to the degree of

Billiot v. State

711 So. 2d 1277, 1998 WL 251475

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1337772

Cited 6 times | Published

erred in enhancing his sentence pursuant to section 775.0845, Florida Statutes for use of a mask *1278

Spicer v. State

615 So. 2d 725, 1993 WL 33807

District Court of Appeal of Florida | Filed: Feb 10, 1993 | Docket: 1184549

Cited 5 times | Published

worn during the commission of the robbery, section 775.0845(4), Florida Statutes (1989), provides that

Dominguez v. State

461 So. 2d 277, 10 Fla. L. Weekly 114

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 1514602

Cited 5 times | Published

weapon or firearm in commission of a felony, and § 775.0845, Fla. Stat. (1981), wearing a mask while committing

Jennings v. State

498 So. 2d 1373, 12 Fla. L. Weekly 111

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1334979

Cited 4 times | Published

549 (Fla. 1st DCA 1986). However on its face, § 775.0845, Florida Statutes (1985), the mask statute, reveals

Ivory Lee Robinson v. State of Florida

215 So. 3d 1262, 2017 Fla. App. LEXIS 4539

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668613

Cited 2 times | Published

section 775.084, and the wearing of a mask, section 775.0845. Reclassification speaks to the degree of

Tribbitt v. State

984 So. 2d 624, 2008 WL 2435572

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1752257

Cited 2 times | Published

during the commission of the attempted robbery, section 775.0845, Florida Statutes (2005), requires the trial

Sumpter v. State

838 So. 2d 624, 2003 WL 469699

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 1513725

Cited 2 times | Published

921.0022(3)(f), Fla. Stat. (2001). Applying section 775.0845, Florida Statutes (2001), the robbery is "reclassified"

Wright v. State

810 So. 2d 873, 2002 WL 122164

Supreme Court of Florida | Filed: Jan 31, 2002 | Docket: 1654732

Cited 2 times | Published

cannot be reclassified under the provisions of section 775.0845, Florida Statutes (1997) ("Wearing mask while

Wright v. State

767 So. 2d 576, 2000 WL 1268820

District Court of Appeal of Florida | Filed: Sep 8, 2000 | Docket: 1193980

Cited 2 times | Published

cannot be reclassified under the provisions of section 775.0845, Florida Statutes ("Wearing mask while committing

McDonald v. State

714 So. 2d 643, 1998 WL 422781

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1513805

Cited 2 times | Published

mask. This offense occurred on May 8, 1996. Section 775.0845, Florida Statutes (1995), was amended effective

Abbott v. State

705 So. 2d 923, 1998 WL 25574

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1560386

Cited 2 times | Published

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

Sullivan v. State

562 So. 2d 813, 1990 WL 72516

District Court of Appeal of Florida | Filed: Jun 1, 1990 | Docket: 1255810

Cited 2 times | Published

Section 782.071(2) is comparable to that of Section 775.0845 (wearing a mask while committing an offense)

Flarity v. State

527 So. 2d 295, 1988 WL 62670

District Court of Appeal of Florida | Filed: Jun 23, 1988 | Docket: 530005

Cited 2 times | Published

is used to enhance criminal penalties under section 775.0845, Florida Statutes; the use of a weapon or

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

reclassification of the degree of felony under section 775.0845, section 775.087, section 775.0875

L.D.H. v. State

212 So. 3d 387, 2017 WL 697742, 2017 Fla. App. LEXIS 2410

District Court of Appeal of Florida | Filed: Feb 22, 2017 | Docket: 60263352

Cited 1 times | Published

Analysis We agree with the state’s argument. Section 775.0845, Florida Statutes (2015), provides in pertinent

Coney v. State

833 So. 2d 290, 2002 WL 31875084

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 2575669

Cited 1 times | Published

At the time Coney committed his offenses, section 775.0845, Florida Statutes (1993), authorized enhanced

Newman v. State

738 So. 2d 981, 24 Fla. L. Weekly Fed. D 1619

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 1503206

Cited 1 times | Published

interpretation and recent history of a similar statute. Section 775.0845, Florida Statutes (1993), was entitled "Wearing

In re Adoption of Florida Rules of Criminal Procedure 3.704 & 3.992 to Implement the Florida Criminal Punishment Code

721 So. 2d 265, 23 Fla. L. Weekly Supp. 497, 1998 Fla. LEXIS 1829, 1998 WL 650579

Supreme Court of Florida | Filed: Sep 24, 1998 | Docket: 64784506

Cited 1 times | Published

reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section

Archibald v. State

646 So. 2d 298, 1994 WL 700102

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 2569834

Cited 1 times | Published

DCA 1993). In Spicer, the court held that section 775.0845(4), Florida Statutes (1989) was an enhanced

Steve Lamont Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435263

Published

first-degree felony. Appellant argued that section 775.0845, Florida Statutes (1995), provided for enhancement

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

reclassification of the degree of felony under section 775.0845, section 775.087, section 775.0875, or section

BOBBY LEE CLARK v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 24, 2018 | Docket: 6280936

Published

argument, because under the plain language of section 775.0845, Florida Statutes (2016), it is not necessary

MARCUS JAMAL JERRY v. STATE OF FLORIDA

225 So. 3d 246, 2017 WL 2859226, 2017 Fla. App. LEXIS 9635

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085985

Published

2002), the court held the same with regard to section 775.0845, which enhances crimes when a mask is worn

Walsh v. State

198 So. 3d 783, 2016 Fla. App. LEXIS 3382, 2016 WL 833583

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 3041725

Published

the victim was a law enforcement officer; section 775.0845 reclassification of almost any offense to

Jamie Grant v. State of Florida

189 So. 3d 878, 2016 Fla. App. LEXIS 2726, 2016 WL 717961

District Court of Appeal of Florida | Filed: Feb 24, 2016 | Docket: 3038780

Published

enhancement to the charges. See § 775.0845, Fla. Stat. (2010). Instruction on this element

Pethtel v. State

177 So. 3d 631, 2015 Fla. App. LEXIS 13420, 2015 WL 5559767

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757053

Published

meaning .... [I]f the legislature had intended section 775.0845 [Florida Statutes (1989) ] to reclassify offenses

Williams v. State

948 So. 2d 847, 2007 WL 247897

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 881344

Published

*848 because the jury found he wore a mask, section 775.0845, Florida Statutes (1999), and again as an

Bartley v. State

817 So. 2d 1065, 2002 Fla. App. LEXIS 8157, 2002 WL 1232761

District Court of Appeal of Florida | Filed: Jun 7, 2002 | Docket: 64815540

Published

13(1) and (2)(a), Florida Statutes (2000) and section 775.0845, Florida Statutes (2000). Bartley argues that

Amendments to Florida Rules of Criminal Procedure 3.704 & 3.992

810 So. 2d 826, 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811

Supreme Court of Florida | Filed: Sep 26, 2001 | Docket: 64813224

Published

reclassification of the degree of felony pursuaet-tounder section 775.0845, section 775.087, section 775.0875 or section

Cooper v. State

800 So. 2d 243, 2001 Fla. App. LEXIS 12102, 2001 WL 980620

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64810301

Published

second-degree felonies to first-degree felonies under section 775.0845, Florida Statutes (1995), and then again enhanced

Adams v. State

775 So. 2d 385, 2000 Fla. App. LEXIS 15413, 2000 WL 1744884

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 64802952

Published

offense, Adams wore a mask, in violation of section 775.0845, Florida Statutes (1989).1 Adams pleaded guilty

Mendez v. State

747 So. 2d 1032, 1999 Fla. App. LEXIS 17068, 1999 WL 1241954

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 64793565

Published

subjected him to increased penalties pursuant to section 775.0845, Florida Statutes (1997). This he says, is

Amendment to Florida Rule of Criminal Procedure 3.704(d)(23)

763 So. 2d 997, 24 Fla. L. Weekly Supp. 570, 1999 Fla. LEXIS 2166, 1999 WL 1132900

Supreme Court of Florida | Filed: Dec 9, 1999 | Docket: 64799174

Published

reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section

Drumwright v. State

743 So. 2d 1120, 1999 Fla. App. LEXIS 12114, 1999 WL 729076

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 64791891

Published

*11211997, after Drumwright was sentenced. See § 775.0845 Fla.Stat. (1997). 2. Aggravated battery with

Duran v. State

738 So. 2d 371, 1999 Fla. App. LEXIS 7895, 24 Fla. L. Weekly Fed. D 1415

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64789755

Published

that in doing so the trial court relied on section 775.0845, Florida Statutes (1993), which imposes an

Finch v. State

693 So. 2d 1067, 1997 Fla. App. LEXIS 5160, 1997 WL 249132

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64773779

Published

felony (level six — 36 points). Pursuant to section 775.0845, Florida Statutes (1993), the maximum penalty

Solone v. State

686 So. 2d 719, 1997 Fla. App. LEXIS 18, 1997 WL 1693

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 64770430

Published

that concealed his identity” in violation of section 775.0845, Florida Statutes (1991). Under subsection

Brown v. State

662 So. 2d 1356, 1995 Fla. App. LEXIS 12176, 1995 WL 686687

District Court of Appeal of Florida | Filed: Nov 21, 1995 | Docket: 64760208

Published

if it was a first-degree felony pursuant to section 775.0845, Florida Statutes (the mask statute), because

Williams v. State

658 So. 2d 612, 1995 Fla. App. LEXIS 7741, 1995 WL 421272

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64758016

Published

pursuant to the enhanced penalty provisions of section 775.0845, Florida Statutes (1993), and the sentencing

Woods v. State

654 So. 2d 606, 1995 Fla. App. LEXIS 4494, 1995 WL 244338

District Court of Appeal of Florida | Filed: Apr 28, 1995 | Docket: 64756094

Published

wore a mask during the robbery. See generally section 775.0845, Florida Statutes (1993). We find that to

Sanders v. State

621 So. 2d 723, 1993 Fla. App. LEXIS 5760

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64697767

Published

offense enhances the degree of felony charged. § 775.0845, Fla. Stat.(1985). That statute provides: The

Strawn v. State

576 So. 2d 877, 1991 Fla. App. LEXIS 2466, 1991 WL 35986

District Court of Appeal of Florida | Filed: Mar 21, 1991 | Docket: 64657452

Published

valid, but it is not in the instant case. Section 775.0845, Florida Statutes, provides for enhanced punishment

Loomis v. State

531 So. 2d 423, 13 Fla. L. Weekly 2239, 1988 Fla. App. LEXIS 4308, 1988 WL 98983

District Court of Appeal of Florida | Filed: Sep 29, 1988 | Docket: 64637155

Published

and 775.0845, Florida Statutes (1985). Under section 775.0845(4), a felony of the second degree is punishable