The 2023 Florida Statutes (including Special Session C)
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. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . pursuit reasonably believed the person fleeing had committed a forcible felony as defined in section 776.08 . . . officer reasonably believed the fleeing motorist had committed a forcible felony as defined in section 776.08 . . . "reckless driving" and "fleeing and eluding," neither of which are forcible felonies under section 776.08 . . . We hold therefore that the officer witnessed an aggravated assault, a forcible felony under section 776.08 . . . While aggravated assault is a forcible felony, reckless driving is not. § 776.08, Fla. Stat. . . .
. . . violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . . Because the felony trafficking charge against him is not a "forcible felony as defined in s. 776.08," . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . the defendant acted in response to the imminent commission of a forcible felony, as listed in section 776.08 . . . are made: (1) the language "[or] the imminent commission of (applicable forcible felony listed in § 776.08 . . . ] [herself] [or] [another] [or] [the imminent commission of (applicable forcible felony listed in § 776.08 . . . ] [herself] [or] [another] [or] [the imminent commission of (applicable forcible felony listed in § 776.08 . . . to commit, committing, or escaping after the commission of (applicable forcible felony listed in § 776.08 . . .
. . . Forcible felonies are listed in § 776.08 Fla. Stat. . . .
. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02(1)(b), Fla. . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . . § 776.08 (defining “forcible felony” to encompass a felony that “involves the use or threat of physical . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . 211, 219 (Fla. 2007) ("[Battery on a law enforcement officer] is not a forcible felony under section 776.08 . . . violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . .
. . . sentenced for an offense ... which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a. forcible felony as defined in s. 776.08 . . .
. . . Forcible felonies are listed in § 776.08 Fla. Stat. . . .
. . . disputed that Appellant was being sentenced for a non-forcible felony, as that term is defined in section 776.08 . . . Hearns, 961 So.2d 211 (Fla. 2007); §§ 776.08 and 784.03, Fla. Stat. . . .
. . . violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . . ), a third-degree felony under chapter 810, or a felony that is not a forcible felony under section 776.08 . . . The definition of nonviolent felony excludes offenses that constitute forcible felonies under section 776.08 . . . The list of forcible felonies in section 776.08 includes “any other felony which involves the use or . . .
. . . See §§ 775.084(l)(d)(3), 776.08, Fla. Stat. (2010). . . .
. . . on or after Julyl, 2009, which is a third degree felony but not a forcible felony' as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . . The first subclass consists of offenders convicted of “forcible felonies,” as defined in section 776.08 . . . Section 776.08 lists as “forcible felonies” treason, murder, manslaughter, sexual battery, arson, burglary . . . Section 776.08 then provides a catchall “forcible felony” provision to include “any other felony which . . . of nonstate prison sentencing, just as it specifically excluded forcible felonies defined in section 776.08 . . .
. . . to commit, committing, or escaping after the commission of (applicable forcible felony listed in § 776.08 . . . commit, committing, or escaping after the commission of a[n] (applicable forcible felony listed in § 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . after July 1, 2009, which is a third degree felony but not a forcible felony as defined in section] 776.08 . . .
. . . See § 776.08, Fla. Stat. (20Í4) (designáting aggravated battery as a forcible, felony). . . .
. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02(1)(b), Fla. . . .
. . . Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. . . .
. . . See Sections 776.012 and 776.08, Florida' Statutes (2013) defining sexual battery as a "forcible felony . . .
. . . to the level of a forcible felony (Aggravated Assault or False Imprisonment) as defined in section 776.08 . . .
. . . sustained by a participant during the commission or attempted commission of a forcible felony”; and 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . . The list of “forcible felonies” in section 776.08, Florida Statutes (2010), does not specifically include . . . supreme court addressed what was a forcible felony under an identical catch-all provision in section 776.08 . . . violent career criminal statute, which requires conviction of a forcible felony as defined by section 776.08 . . . See also Perkins, 576 So.2d at 1313 (quoting § 776.08, Fla. . . .
. . . Defendant that the crime of corruption by threat is not a forcible felony within the meaning of section 776.08 . . . Since the crime of corruption by threat is not a forcible felony within the meaning of section 776.08 . . . Section 776.08, Fla. . . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . after July 1, 2009, which is a third degree felony but not a forcible felony as defined in [section] 776.08 . . .
. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. Fla. . . .
. . . follow that of the catch-all provision included within the definition of “forcible felony” in section 776.08 . . . strict and literal sense required by Florida law, th[e] language [of the catch-all provision of section 776.08 . . . the crime, then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . . intentionally causing bodily harm, battery is not a forcible felony under the catch-all provision of section 776.08 . . .
. . . .; § 776.08, Fla. Stat. (2009). . . .
. . . violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . court’s reversal of Respondent’s life sentence because BOLEO is not a forcible felony under section 776.08 . . .
. . . counsel that enumerated offenses in recidivist statutes or the definition of “forcible felony” in section 776.08 . . .
. . . . § 776.08. Resisting an officer with violence to his or her person, in violation of Fla. . . .
. . . See §§ 775.084(l)(d) 1. a & 776.08, Fla. Stat.; Curi v. . . .
. . . Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . . The list of “forcible felonies” in section 776.08, Florida Statutes (2010), does not specifically include . . . supreme court addressed what was a forcible felony under an identical catch-all provision in section 776.08 . . . violent career criminal statute, which requires conviction of a forcible felony as defined by section 776.08 . . . Id.See also Perkins, 576 So.2d at 1313 (quoting § 776.08, Fla. . . .
. . . (enumerating qualifying and predicate offenses, including “any forcible felony, as described in s. 776.08 . . . See § 776.08, Fla. Stat. (2002). . . . Section 776.08, Florida Statutes, defines a “forcible felony” as follows: “Forcible felony” means treason . . . the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . .
. . . provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08 . . .
. . . qualifying offenses, as well as a provision incorporating “[a]ny forcible felony, as described in s. 776.08 . . . Section 776.08 enumerates several forcible felonies and also includes a catch-all provision covering . . . other felony which involves the use or threat of physical force or violence against any individual.” § 776.08 . . . State, 576 So.2d 1310 (Fla.1991), we reasoned that for an offense to be a forcible felony under section 776.08 . . . officer against his will, it is not a forcible felony “as described in the final clause of section 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02(l)(b)l.-2., Fla. . . .
. . . Although a “forcible felony,” as used in this chapter, includes aggravated battery, see section 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . Section 776.08, Florida Statutes (1995) defines “forcible felony” by listing a number of offenses (e.g . . . the crime, then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . . Additionally, the VCC statute provides that “any forcible felony, as described in s. 776.08” is a qualifying . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . Burglary is a forcible felony, see § 776.08, Fla. . . .
. . . Forcible felonies are listed in § 776.08, Fla. Stat. . . .
. . . . § 776.08, Fla. Stat. (2002). . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . whether battery on a law enforcement officer qualified as a “forcible felony,” as defined in section 776.08 . . . battery of a law enforcement officer is not specifically enumerated as a “forcible felony” in section 776.08 . . .
. . . on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . To commit or attempt to commit a forcible felony, as defined in s.776.08. . . .
. . . .” § 776.08, Fla. Stat. . . .
. . . crimes identified in section 775.084(l)(d)l., including “[a]ny forcible felony, as described in s. 776.08 . . . Section 776.08 defines a “forcible felony” as, among other things, “home-invasion robbery; robbery; . . . . other felony which involves the use or threat of physical force or violence against any individual.” § 776.08 . . . Second, robbery by sudden snatching is not expressly identified as a “forcible felony” under section 776.08 . . . for the legislature to have particularly listed “home-invasion robbery” and “robbery” under section 776.08 . . .
. . . harm to himself or herself or another or to prevent the imminent commission of a forcible felony”); § 776.08 . . .
. . . Stat. (2003); § 776.08, Fla. Stat. (2003); Ubilla v. . . .
. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02, Fla. . . .
. . . in this Court because a battery on a law enforcement officer was not a forcible felony under section 776.08 . . .
. . . reasonably believed had perpetrated, or attempted to perpetrate, a forcible felony as defined in s. 776.08 . . .
. . . .” § 776.08. . . .
. . . Forcible felonies are listed in § 776.08, Fla. Stat. Aggressor. § 776.04-1, Fla. Stat. . . . Forcible felonies are listed in § 776.08, Fla. Stat. 2. . . . Define applicable forcible felony from list in § 776.08, Fla. . . .
. . . the offense of battery on a law enforcement officer could qualify as a forcible felony under section 776.08 . . . For the purpose of section 776.08, "[fjorcible felony” means treason; murder; manslaughter; sexual battery . . . other felony which involves the use or threat of physical force or violence against any individual. § 776.08 . . .
. . . To commit or attempt to commit a forcible felony, as defined in s. 776.08. § 810.02(l)(b), Fla. . . .
. . . on or after July 1, 2009, which is a third-degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08 . . .
. . . . §§ 784.084(l)(d)l.a., 776.08, Fla. Stat. (2001); Rodriguez v. . . .
. . . on or after July 1, 2009, which is a third-degree felony but not a forcible felony as defined in s. 776.08 . . .
. . . reasonably believed had perpetrated, or attempted to perpetrate, a forcible felony as defined in s. 776.08 . . .
. . . sentencing, it had to fall under the catch-all category of “any forcible felony, as described in s. 776.08 . . .
. . . Section 776.08, Florida Statutes (1997), provides: 776.08 Forcible felony. — “Forcible felony” means . . . Section 776.08 does not distinguish between burglary of an occupied or unoccupied structure or conveyance . . . The defendant points out that the final portion of section 776.08 refers to “any other felony which involves . . . violation of chapter 790 involving use or possession of a firearm; and a forcible felony under section 776.08 . . . ); § 776.08, Fla. . . .
. . . criminal statute the Hearns court construed applies to any offense defined as a forcible felony by section 776.08 . . . Section 776.08, Florida Statutes (2006), provides: "Forcible felony” means treason; murder; manslaughter . . .
. . . See § 776.08, Fla. Stat.; Hearns, 961 So.2d at 217-18; see also Jenkins v. . . .
. . . Stat. (1999) (listing “any forcible felony, as described in s. 776.08” as a qualifying offense for VCC . . . Perkins held that to constitute a “forcible felony” under section 776.08, the statutory elements of the . . .
. . . Stat. (2000, 2001, 2004) (stating that a “forcible felony” is subject to VCC sentencing); § 776.08, Fla . . .
. . . based on a state response which argued that the offense was a forcible felony as described in section 776.08 . . . the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . .
. . . the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . .
. . . While this court made reference to the definition of “forcible felony” contained in section 776.08, Florida . . . the trial court concluded, that the PRR act applies to all “forcible felonies” as set out in section 776.08 . . . Section 776.08 lists “burglary” as a forcible felony. . . . Clearly, the legislature did not intend the PRR statute to reach all the “forcible felonies” defined in 776.08 . . .
. . . the crime, ‘then the crime is not a forcible felony within the meaning of the final clause of section 776.08 . . .
. . . Forcible felonies are listed in § 776.08 Fla. Stat. Proof of intent. . . .
. . . interpretive significance of the Legislature’s listing of only two types of “battery” under section 776.08 . . .
. . . This Court has repeatedly rejected that argument because section 776.08, Florida Statutes (1999), expressly . . . convictions for any burglary, armed or unarmed, under the definition of “forcible felony” in section 776.08 . . .
. . . is thrice convicted of certain enumerated felonies or “ ‘[a]ny forcible felony, as described in s. 776.08 . . . Section 776.08 defines “forcible felony” to include certain enumerated offenses and “any other felony . . .
. . . . §§ 775.084(l)(d), 776.08 (defining forcible felony to include “any other felony which involves the . . .
. . . See §§ 775.082(9)(a), 776.08, Fla. Stat. (2004). . . .
. . . ... with the intent to commit or attempt to commit a forcible felony as defined in Florida Statutes 776.08 . . .