Florida Statute 775.0846 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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775.0846 Possession of bulletproof vest while committing certain offenses.—

(1) As used in this section, the term “bulletproof vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as “threat level I,” which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.

(2) No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or attempts to commit any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, criminal gang-related offense under chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such possession is in the course of and in furtherance of any such crime.

(3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 85-29; s. 1186, ch. 97-102; s. 3, ch. 2008-238.

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Amendments to 775.0846

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 775.0846

Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.0846 2 - PUBLIC ORDER CRIMES - POSS BULLETPROOF VEST DURING CERTAIN OFFENSES - F: T

S775.0846 3 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9064 - F: T

S775.0846 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8521 - F: T

Cases Citing Statute 775.0846

Total Results: 3 | Sort by: Relevance | Newest First

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Flarity v. State, 527 So. 2d 295 (Fla. 5th DCA 1988).

Cited 2 times | Published | Florida 5th District Court of Appeal | 1988 WL 62670

...Sections 775.09 and 775.10 were repealed in 1971, while section 775.11 was repealed in 1974. [7] The facts "enhancing" punishment for robbery have been generally treated as core or nuclear elements differentiating three different substantive crimes of robbery. [8] Compare section 775.0846, Florida Statutes, which, in form, appears to create a separate substantive offense prohibiting the wearing of body armor while committing certain crimes, rather than merely using that factor to enhance punishment for the underlying offense....

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Sullivan v. State, 562 So. 2d 813 (Fla. 1st DCA 1990).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 72516

...The court enhanced the offense from a third-degree to a second-degree felony and sentenced appellant to five years' imprisonment. Appellee argues that enhancement under Section 782.071(2) is comparable to that of Section 775.0845 (wearing a mask while committing an offense) and Section 775.0846 (wearing bulletproof vest while committing an offense)....

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William Kiefer Bradley Egan v. State of Florida (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

...We affirm his judgment and sentence in all respects. To begin, we find that the argument raised on appeal as to the denial of his motion for judgment of acquittal has not been properly preserved for appellate review by this court. Thus, it is waived. Section 775.0846(2), Florida Statutes, proscribes the possession of a bulletproof vest while a person commits one of various felonies, including aggravated assault, and “such possession is in the course of and in furtherance of any such crime.” A...

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