Florida/Georgia Personal Injury & Workers Compensation

...99-188, § 2, at 1040-42; § 4, at 1050-51; § 5, at 1051; § 9, at 1056-62; § 10, at 1062-81; § 12, at 1081, Laws of Fla. Three sections in the act involve substantive criminal provisions. Section 7 creates the new offense of repeat sexual batterer, section 794.0115, Florida Statutes (1999), and section 8 amends section 794.011, Florida Statutes (1997), to conform to the new crime created in section 7....

...Section 5: amends section 784.08 to provide a mandatory minimum sentence for aggravated assault on a person 65 years or older and for aggravated battery on a person 65 years or older. Section 6: amends references to section 775.084 found in section 790.235, in conformity with section 3. Section 7: creates section 794.0115, which defines "repeat sexual batterer," provides procedures for determining repeat sexual batterer status, and creates a mandatory minimum sentence for persons who qualify. Section 8: amends section 794.011, wherein the crime "sexual battery" is defined, to refer to new section 794.0115 in punishment provisions....

...790.235, F.S., relating to prohibitions against, and penalties for, unlawful possession or other unlawful acts involving firearm, electric weapon or device, or concealed weapon by a violent career criminal; conforming cross references to changes made by the *1084 act; creating s. 794.0115, F.S.; defining "repeat sexual batterer"; providing within the definition a category of enumerated felony offenses in violation of s....

...We decline to authorize instruction 11.14—Dangerous Sexual Felony Offender, *496 for publication and use pending further study and a report by the Committee. Instruction 11.14 would create a new jury instruction for the classification of "Dangerous Sexual Felony Offender." The proposal derives from the rewording of section 794.0115, Florida Statutes, in chapter 2003-115, Laws of Florida, to include a mandatory minimum sentence of twenty-five years of imprisonment for those classified as dangerous sexual felony offenders under the "Dangerous Sexual Offender Act." Under the statutory scheme, a defendant may be adjudicated a dangerous sexual felony offender if he or she is convicted of committing certain enumerated offenses, see § 794.0115(2), Fla. Stat. (2006), as well as having done so under five alternative circumstances. We are concerned with the proposal in respect to the alternative circumstance under section 794.0115(2)(e), that the defendant "[h]as previously been convicted of a violation of [various statutes]." Unlike section 794.0115(4), Florida Statutes, the proposed instruction does not include qualifying language for "previously been convicted." Section 794.0115(4) provides that "[t]he offense described in subsection (2) which is being charged must have been committed after the date of commission of the last prior conviction for an offense that is a prior conviction described in paragraph (2...

...hild less than twelve years of age in violation of section 800.04(5)(a)(b), Florida Statutes (2004). The State contends that the trial court was required to impose the minimum mandatory sentence set forth in the Dangerous Sexual Felony Offender Act, section 794.0115, Florida Statutes (2004), because Mr....

...*1034 Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee. WARNER, J. Abrams appeals two life sentences imposed upon him pursuant to the Dangerous Sexual Felony Offender Act ("DSFO Act"), section 794.0115, Florida Statutes (2004)....

...(6)(a), (b), Florida Statutes (2004), by committing lewd or lascivious conduct. [1] A jury found him guilty of both offenses. The state requested that the court classify Abrams as a dangerous sexual felony offender ("DSFO") pursuant to the DSFO Act, section 794.0115, Florida Statutes (2004)....

...If the *1035 mandatory minimum term of imprisonment under this section is less than the sentence that could be imposed under s. 775.082, s. 775.084, or chapter 921, the sentence imposed must include the mandatory minimum term of imprisonment under this section. § 794.0115, Fla....

...State, 614 So.2d 486 (Fla.1993), and the court has some discretion in the determination of habitual offender status, see section 775.084(4)(e) (court may find that habitual offender designation is not necessary for the protection of the public), no discretion exists under section 794.0115....

...se, a mandatory sentence of twenty-five years to life is imposed. So as to make its intention unmistakable, the legislature also provided that this mandatory sentence trumps all other types of sentencing statutes which might yield a lesser sentence. § 794.0115(6), Fla....

...However, the trial court sentenced him to life both on his conviction in count one for violating section 800.04(4)(a), Florida Statutes (2004), and in count two for violating section 800.04(6)(a), (b), Florida *1037 Statutes (2004). In order to qualify as a DSFO, section 794.0115 provides that the most recent conviction must be based on a violation of a list of crimes, including section 800.04(4) or (5). § 794.0115(2), Fla....

...ally possess a firearm or destructive device); § 784.07(3), Fla. Stat. (2015) (providing mandatory minimum sentence for any person who commits battery on a law enforcement officer and possessed a firearm “during the commission of the offense”); § 794.0115, Fla....

WETHERELL, J. • Appellant was convicted of multiple felonies, including sexual battery under section 794.011(3), Florida Statutes (2013), and was designated a dangerous, sexual felony offender under section 794.0115....

...e State “demonstrated during the trial great bodily harm and permanent disfigurement, to the victim.” And, based on this designation, the trial court imposed a 25-year mandatory minimum term on Appellant’s life sentence for sexual battery. See § 794.0115(2), Fla....

...was implicit in the verdict. Cf. Bruce v. State, 988 So.2d 715 (Fla. 1st DCA 2008) (reversing defendant’s sentence on the State’s cross-appeal and remanding with directions to resentence the defendant as a. dangerous sexual felony offender under section 794.0115(2)(b) because the....

...The problem, with the State’s argument is that the finding implicit in the verdict is not sufficient to support Appellant’s designation as a dangerous sexual felony offender. The designation requires a finding,. that the defendant actually “caused” serious personal injury to the victim, see § 794.0115(2)(a), Fla....

...Moreover, there was ample evidence that the victim suffered “serious personal injury” as defined in the dangerous sexual felony offender statute because she testified that the rape was painful and the jury saw her chipped tooth and photographs of her numerous other injuries. See § 794.0115(3), Fla....

...944.275 or any form of discretionary early release, other than pardon or executive clemency or conditional medical release under 947.149, prior to serving the mandatory minimum sentence.” § 316.1935(6), Fla. Stat. (2004-2005); § 775.087(2) & (3), Fla. Stat. (1996-2005); § 784.07(3)(b), Fla. Stat. (1996-2005); § 794.0115(7), Fla....

...The appellant's convictions and sentences are affirmed. The appellant was on probation for an attempted sexual battery when he committed the sexual battery and robbery in this case, and his status as a probationer satisfied the requirement for an enhanced sentence as a dangerous sexual offender under section 794.0115(2)(d), Florida Statutes, that the appellant be "under the jurisdiction of a court for a felony offense" when he committed the sexual battery....

...Wilkerson appeals his conviction and sentence for lewd or lascivious battery on a fourteen-year-old child. Wilkerson raises several issues on appeal, only one of which merits discussion. Following his conviction, Wilkerson was classified a dangerous sexual felony offender pursuant to section 794.0115(2), Florida Statutes (2012)....

...To discern legislative intent, courts look to the statute’s language since the statute’s text primarily determines legislative intent. Anderson v. State, 87 So.3d 774, 777 (Fla.2012); State v. D.C., 114 So.3d 440, 441 (Fla. 5th DCA 2013). *463 The purpose of section 794.0115 is to provide enhanced sentences for repeat sex offenders such as Wilkerson. Felder v. State, 116 So.3d 605, 606 (Fla. 5th DCA 2013); State v. Mason, 979 So.2d 301, 303 (Fla. 5th DCA 2008). Section 794.0115(2)(e) requires that an individual found to be a dangerous sexual felony offender “be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment.” 2 Section 794.0115(6) further provides: (6) Notwithstanding s....

...um term of imprisonment under this section. (Emphasis added). Here, Wilkerson was convicted under section 800.04(4)(b), a second-degree felony, generally punishable by a term of imprisonment of up to fifteen years. See § 775.082, Fla. Stat. (2012). Section 794.0115(6) provides that when, as here, the mandatory minimum under section 794.0015 (twenty-five years) exceeds the maximum sentence authorized under section 775.082 (fifteen years), the mandatory minimum must be imposed....

...unauthorized. For these reasons, we affirm Wilkerson’s conviction, but remand for correction of sentence. Since the only lawful sentence that can be imposed under the circumstances is the twenty-five year minimum mandatory prison term required by section 794.0115(6), Wilkerson need not be present at resentencing. AFFIRMED in part; REVERSED in part; REMANDED for correction of sentence. TORPY, C.J., and EVANDER, J., concur. . The sentencing issue was preserved by the filing of a timely motion under Florida Rule of Criminal Procedure 3.800(b)(2). . Section 794.0115(2)(e) was recently amended to require a fifty-year minimum mandatory, but that amendment is not applicable here....

...We find these arguments to be mer-itless and affirm Durant’s conviction without further comment. We must, however, reverse Durant’s sentence because the trial court erroneously found he was a dangerous sexual felony offender (“DSFO”) and imposed a twenty-five year minimum mandatory incarceration term. Section 794.0115, Florida Statutes, requires mandatory sentencing when a defendant qualifies as a DSFO....

...n this state, and which is similar in elements to an offense described in this paragraph, *671 is a dangerous sexual felony offender, who must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment. § 794.0115, Fla. Stat. (emphasis supplied). In the current case, Durant was convicted of violating section 794.011(8)(a), Florida Statutes. Therefore, he would qualify as a DSFO under section 794.0115(2) if he met the other requirements of the statute. Durant does not have a previous conviction for violations of any of the statutes set forth in section 794.0115(2)(e)....

...without committing the crime of sexual battery, commits a felony of the second degree.” § 800.04(1), Fla. Stat. (1995). The State argues that section 800.04(1), Florida Statutes (1995), has similar elements to sections 800.04(4) and (5), Florida Statutes, which are listed in section 794.0115(2)(e). It, therefore, contends Durant would qualify as a DSFO under section 794.0115(2)(e)....

...r. Section 800.04(1), Florida Statutes (1995), contains no such requirement. Although section 800.04(5) and the 1995 version of section 800.04(1) contain other elements that are the same, we conclude they do not have similar elements for purposes of section 794.0115(2)(e)....

...lascivious offenses; Michigan offense did not include age requirement). Further, section 800.04(1), Florida Statutes (1995), shares similar elements with section 800:04(6), Florida Statutes, which is not a qualifying felony in the DSFO statute. See 794.0115(2)(e), Fla....

... There are also sex-related crimes that could be Category 2 offenses depending on the charging document and the evidence. See Instruction 11.16 or 11.16(a) if the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. This instruction was adopted in 1981 and was amended in 1987 [508 So.2d 1221], 1995 [657 So....

...There are also sex-related crimes that could be Category 2 offenses depending on the charging document and the evidence. See Instruction 11.16 or 11.16(a) if the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. The 2014 legislature added a sentencing multiplier to § 921.0024(1)(b), Fla. Stat., for sexual battery crimes involving a defendant 18 years of age or older and a victim younger than 18 years of age....

...466 (2000) is likely to require the jury to make certain findings regarding additional circumstances of the prior conviction. See Instruction 11.16 or 11.16(a) if the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. - 28 -  In the event that multiple perpetrators is charged and proven, a special instruction is necessary....

...466 (2000) is likely to require the jury to make certain findings regarding additional circumstances of the prior conviction. See Instruction 11.16 or 11.16(a) if the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. In the event that multiple perpetrators is charged and proven, a special instruction is necessary....

...ded offense is “encouraging or enticing a person less than 16 years old to engage in sexual activity.” See Instruction 11.16 or 11.16(a) if the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. The 2014 legislature added a sentencing multiplier to § 921.0024(1)(b), Fla. Stat., for sexual battery crimes involving a defendant 18 years of age or older and a - 37 - victim younger than 18 years of age....

...There are also sex-related crimes that could be Category 2 offenses depending on the charging document and the evidence. See Instruction 11.16 or 11.16(a) if the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. In the event that multiple perpetrators is charged and proven, a special instruction is necessary....

...There are also sex-related crimes that could be Category 2 offenses depending on the charging document and the evidence. See Instruction 11.16 or 11.16(a) if the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115, Fla. Stat. This instruction was adopted in 2016. - 47 - 

...Based upon the State’s concession, we strike the habitual felony offender designation and remand for appellant to be resen-tenced. WOLF, B.L. THOMAS, and OSTERHAUS, JJ., concur. . This finding was expressed in a special verdict form related to whether appellant violated section 794.0115, Florida Statutes (2013).

...4th DCA 1985). Based upon the State’s concession, we strike the habitual felony offender designation and remand for appellant to be resentenced. WOLF, B.L. THOMAS, and OSTERHAUS, JJ., CONCUR. * This finding was expressed in a special verdict form related to whether appellant violated section 794.0115, Florida Statutes (2013). 2 

...We also ordered the trial court to correct the imposition of a dangerous sexual felony offender designation and twenty- five-year mandatory minimum sentence on counts II through V and directed that the designation as a dangerous sexual felony offender and mandatory minimum be removed on count VI based on section 794.0115(2), Florida Statutes (2019)....

...ocedure 3.800(a). We find that there is no error in denying his motion and affirm. However, there is a scrivener’s error relating to the twenty-five-year minimum mandatory sentence in Count Two of the information. The judgment should have cited section 794.0115, Florida Statutes (2006), as the authority for the minimum mandatory sentence, not section 775.087, Florida Statutes (2006)....

...quire a twenty-five year minimum mandatory term on his life sentence for armed sexual battery, which he asserts was in violation of section 794.011(3), Florida Statutes (2005). The trial court did not err because Casica was properly designated under section 794.0115(2)(b) in that he used or threatened to use a deadly weapon during the commission of the crime....

...ion, and lewd and lascivious conduct. The trial court found him to be a sexual predator and sentenced him to life in prison on each count, to run concurrently. The trial court declared him to be a dangerous sexual felony offender (DSFO), pursuant to section 794.0115(2), Florida Statutes, and imposed a mandatory minimum twenty-five-year sentence....

...The Fourth District Court of Appeal disagreed and certified conflict with the Fifth District’s decision in Durant. Id. at 439 . This review follows. DISCUSSION The issue before this Court is whether, under the Dangerous Sexual Felony Offender Act, section 794.0115(2)(e), Florida Statutes (2005), a conviction for an offense under section 800.04, Florida Statutes (1981), constitutes a “similar offense under a former designation” to those offenses enumerated in the Act....

...ted in this state, and which is similar in elements to an offense described in this paragraph, is a dangerous sexual felony offender, who must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment. § 794.0115(2)(e), Fla....

...require the victim to be under a certain similar age [and] are second degree felonies.” Id. In Durant, the Fifth District determined that section 800.04(1), Florida Statutes (1995) 2 was not similar to section 800.04(4)—(5), Florida Statutes, for the purposes of DSFO designation pursuant to section 794.0115(2)(e), Florida Statutes....

...r. Section 800.04(1), Florida Statutes (1995), contains no such requirement. Although section 800.04(5) and the 1995 version of section 800.04(1) contain other elements that are the same, we conclude they do not have similar elements for purposes of section 794.0115(2)(e)....

...(footnote omitted). The district court continued, “Further, section 800,04(1), Florida Statutes (1995), shares similar elements with section 800.04(6), Florida Statutes [ (2012] ),[ 3 ] which is not a qualifying *882 felony in the DSFO statute.” Id. (citing § 794.0115(2)(e), Fla....

...tes (1981), and his current conviction pursuant to section 800.04, Florida Statutes (2005). He therefore asserts that this Court must decide the appropriate test for determining when a prior statute is similar in elements to an offense identified in section 794.0115, Florida Statutes....

...This was in excess of the amount allowed by statute and thus error. The State concedes the trial court’s error, but urges us to direct the trial court to resentence Mr. Tambriz-Ramirez under the enhanced mandatory sentencing guidelines set forth in section 794.0115, Florida Statutes (2010), Florida’s Dangerous Sexu *768 al Felony Offender Act (“the Act”). We hold that Mr. Tambriz-Ramirez does not qualify for mandatory enhanced sentencing under the Act because he was not convicted of one of the qualifying crimes enumerated in section 794.0115(2)....

...nd lascivious sexual battery of a person over twelve years of age, but under sixteen years of age, with the further allegation that Felder had previously been convicted of attempted sexual battery in 1999, thereby qualifying him for sentencing under section 794.0115, Florida Statutes (2010) (“dangerous sexual felony offender”). Upon amendment of the information, Felder elected to plead nolo con-tendere. It was his position that his attempted sexual battery conviction was not a qualifying offense under section 794.0115, Florida Statutes....

...o an offense described in this paragraph; or of any offense that is a felony in another jurisdiction, or would be a felony if that offense were committed in this state, and which is similar in elements to an offense described in this paragraph. *607 § 794.0115(2), Fla....

...It requires the State to prove that the defendant intended to commit a crime, committed an overt act towards its commission and failed to successfully complete the crime. Carlton v. State, 103 So.3d 937 (Fla. 5th DCA 2012); Bist v. State, 35 So.3d 936 (Fla. 5th DCA 2010). Felder argued that section 794.0115, amended in 2003, excluded prior convictions for attempted sexual battery from consideration and thus, Appellant did not meet the requirements to be sentenced as a dangerous sexual felony offender. Section 794.0115, Florida Statutes (1999), as originally enacted, provided for mandatory minimum sentencing for repeat sexual batterers and provided: (1) As used in this act, “repeat sexual batterer” means a defendant for whom the court must impo...

...racy to commit a felony and one or more of such convictions was for: 1. Any felony offense in violation of s.794.011(2)(b), (3), (4) or (5), or an attempt of conspiracy to commit the felony offense. (Emphasis added). In the 2003 legislative session, section 794.0115 was substantially amended and retitled “Dangerous Sexual Felony Offender Act.” The “attempt or conspiracy” language was removed....

...Felder appears to be correct. First, the language employed in subsection (e) suggests that it is intended to apply to previous versions of current statutes or parallel statutes from other jurisdictions, not attempts. Additionally, the 2003 revisions to section 794.0115 suggest a legislative intent not to include “attempts” among the criminal convictions that would qualify for this very severe sentencing alternative....

...She required treatment at the hospital for her injuries. Apparently, however, he was allowed to plead to this crime as an “attempt.” There may be no doubt, as argued below by the State, that Felder is a dangerous sexual felony offender, but he does not qualify for enhanced sentencing under section 794.0115 because his prior offense is not a qualifying crime....

...The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize instruction 11.16(a) (Dangerous Sexual Felony Offender). We have jurisdiction. See art. V, § 2(a), Fla. Const. Section 794.0115 sets forth the requirements for establishing that an individual is a “dangerous sexual felony offender.” § 794.0115, Fla. Stat. (2012). First, the defendant must have been convicted of violating one of the statutory provisions set out in section 794.0115(2) — i.e., section 787.025(2)(c); section 794.011(2), (3), (4), (5), or (8); section 800.04(4) or (5); section 825.1025(2) or (3); section 827.071(2), (3),’ or (4); or section 847.0145; or of any similar offense under a former designation....

...offense under the laws of this state, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in Florida; or has previously been convicted of violating an offense listed under section 794.0115(2) or of any offense that is a felony in another jurisdiction or would be a felony if that offense were committed in this state and which is similar in elements to an offense described in section 794.0115(2)(e)....

...nse. The amendment requires that the offense for which the defendant was previously convicted occurred prior to the instant offense, and not necessarily that the defendant was convicted of the prior offense before committing the instant offense. See § 794.0115(4), Fla....

...New language is indicated by underlining, and deleted language is struck-through. The instruction as set forth in the appendix shall be effective when this opinion becomes final. 2 It is so ordered. APPENDIX 11.16(a) DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. (For crimes committed on or after July 1, 2003.) (For use when defendant has been found guilty of s. 79i.0115(2)(d) or (e), Fla. Stat). Having found (defendant) guilty of (felony, as identified by section 794.0115(2), Fla....

...committed the offense while under the jurisdiction of a court for a felony offense under the laws of this state, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in this state. b. had been convicted of (felony, as identified by section 794.0115(2)(e), Fla....

...e count of attempted sexual battery with no serious injury; lewd and lascivious exhibition on a child under sixteen; child abuse with no bodily harm; and credit card theft. As to one of the sexual battery counts, the State charged Wright pursuant to section 794.0115, Florida Statutes (2009), the Dangerous Sexual Felony Offender Act, because he committed a sexual battery on the adult victim as well as victimized another person, the victim’s minor child, by committing the act in front of the child....

...Prior to trial, the defense argued that the statute is unconstitutional because the term “victimized” in subsection (c) is vague. The trial court disagreed and denied the motion. The jury convicted Wright as charged, and the court sentenced him to the mandatory minimum term of twenty-five years pursuant to section 794.0115(2)(c) (2009)....

...nor in addition to one of the enumerated offenses. We disagree. The definitions at the beginning of chapter 794.011 define “victim” as “a person who has been the object of a sexual offense.” Reading this specific definition in the context of § 794.0115(2)(c) clearly encompasses Wright’s offense of 1) committing an enumerated offense (sexual battery) against the adult victim, and 2) committing a sexual offense against the minor child, i.e., “victimizing” the minor child by sexually assaulting his mother in front of him....

...tute’s requirements for being “victimized” under subsection (c) when read together with the statute’s definition of “victim.” The statute is not unconstitutionally vague and we thus affirm Wright’s convictions and sentence. Affirmed. . Section 794.0115 provides (2) Any person who is convicted of a violation *1093 of s....

...Hamel, Assistant Attorney General, West Palm Beach, for appellee. MAY, J. The defendant appeals an order summarily denying his rule 3.800(a) motion. He argues the trial court erred in imposing a mandatory minimum twenty-five-year sentence pursuant to section 794.0115(2), Florida Statutes (2005), because his predicate crime did not satisfy the statute. We disagree and affirm. A jury convicted the defendant of lewd and lascivious battery, three counts of lewd and lascivious molestation, and lewd and lascivious conduct. The court found him to be a sexual predator and sentenced him to life in prison on each count, to run concurrently. The court declared him to be a dangerous sexual felony offender (“DSFO”), pursuant to section 794.0115(2), Florida Statutes, and imposed a mandatory minimum twenty-five-year sentence. The defendant did not raise a sentencing issue in either his direct appeal or subsequent rule 3.850 motion....

...We disagree. The DSFO statute enumerates various qualifying prior offenses, including violations of sections 800.04(4) and (5), but also includes “any offense under a former statutory designation which is similar in elements to an offense described in this paragraph.” § 794.0115(2)(e), Fla....

...ctly concedes error on the trial court’s imposition of a dangerous sexual felony offender designation and 25-year mandatory minimum sentence on counts II through V, see Thomas v. State, 183 So. 3d 479, 480 (Fla. 4th DCA 2016), and on count VI, see § 794.0115(2), Fla. Stat....

...ition of a twenty-five-year minimum mandatory sentence for use of a firearm pursuant to section 775.087(2)(a)3., Florida Statutes, as well as the properly imposed twenty-five-year minimum mandatory sentence for dangerous sexual felony offenders. See § 794.0115, Fla....

...on a thirteen-year-old child, as well as his sentence of thirty years' imprisonment as a dangerous sexual felony offender (DSFO). Although Mr. Baxter raises two issues on appeal, only the issue regarding his sentence warrants discussion.1 Because the plain language of section 794.0115(2), Florida Statutes (2012), allows the trial court to sentence a DSFO "to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment," we hold that Mr....

...See §§ 775.082(3)(c); 800.04(5)(c)(2), Fla. Stat. (2012). Because of his previous convictions for lewd or lascivious acts and attempted sexual battery, Mr. Baxter was designated a DSFO and sentenced to thirty years' imprisonment, with a thirty-year mandatory minimum term, under section 794.0115. Although Mr. Baxter does not contest his DSFO designation, he argues that his sentence is illegal because the trial court could only impose a sentence with a mandatory minimum term of twenty-five years under section 794.0115(6). In his argument, Mr. Baxter relies primarily on Wilkerson. There, the Fifth District held that section 794.0115(6) requires the trial court to sentence a DSFO to a mandatory minimum term of twenty-five years when "the mandatory minimum under section 794.0115 (twenty-five years) exceeds the maximum sentence authorized under section 1 The sentencing issue was preserved by the filing of a timely motion under Florida Rule of Criminal Procedure 3.800(b)(2). The trial court denied the motion. -2- 775.082 (fifteen years) . . . ." Wilkerson, 143 So. 3d at 463. We disagree with the Fifth District's interpretation of section 794.0115. Section 794.0115(2) provides that a DSFO "must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment." Section 794.0115(6) further states that "[i]f the mandatory minimum term of imprisonment imposed under this section exceeds the maximum sentence authorized under s....

...the statute makes the DSFO minimum mandatory sentence any term between twenty- five years and life in prison, as the statute specifically states that the minimum mandatory is '25 years imprisonment up to, and including, life imprisonment.' " Williams, 189 So. 3d at 289 (quoting § 794.0115(2), Fla....

...2010) (concluding that the trial court has discretion to impose a mandatory minimum term within the range of twenty-five years to life under the 10-20-Life statute, regardless of whether the sentence imposed exceeds the crime's statutory maximum). Therefore, because section 794.0115 authorizes a sentence with a mandatory minimum term between twenty-five years and life, we conclude that Mr....

...Petitioner, vs. STATE OF FLORIDA, Respondent. [December 21, 2017] CANADY, J. In this case we examine section 794.0115, Florida Statutes (2009)—also known as Florida’s “Dangerous Sexual Felony Offender Act” (the “DSFO Act”)— which imposes mandatory minimum sentencing for certain sexual crimes committed under certain circumstances....

...Specifically, we consider whether the DSFO Act’s mandatory minimum sentencing term of “25 years imprisonment up to, and including, life imprisonment” provides trial courts with the discretion to impose a mandatory minimum of life imprisonment irrespective of the statutory maximum for the crime. § 794.0115(2), Fla....

...not exceeding fifteen years. See §§ 794.011(5), 775.082(3)(c), Fla. Stat. (2009). But because Williams had been designated as a “dangerous sexual felony offender,” he was subject to the mandatory sentencing provisions under the DSFO Act.2 § 794.0115, Fla....

...In denying Williams’s motion, the trial court principally relied on two subsections of the DSFO Act—subsections (2) and (6). 2. Williams does not contest his conviction or dispute that he is subject to the DSFO Act’s mandatory sentencing provisions. -3-  Section 794.0115(2) sets forth the enumerated crimes covered by the DSFO Act and contains the mandatory minimum sentencing provision itself. Under section 794.0115(2), an offender convicted of one of the referenced crimes and meeting certain other conditions “is a dangerous sexual felony offender, who must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment.” § 794.0115(2), Fla. Stat. (2009). Section 794.0115(6) addresses the DSFO Act’s mandatory minimum sentencing provision as it relates to Florida’s general statutory sentencing maximums: (6) Notwithstanding s....

...If the mandatory minimum term of imprisonment under this section is less than the sentence that could be imposed under s. 775.082, s. 775.084, or chapter 921, the sentence imposed must include the mandatory minimum term of imprisonment under this section. § 794.0115(6), Fla. Stat. (2009). This mandatory minimum precludes eligibility for discretionary early release (including gain-time), other than pardon, executive clemency, or conditional medical release. § 794.0115(7), Fla. Stat. (2009). The trial court concluded that Williams’s mandatory minimum life sentence was appropriate because the plain language of section 794.0115(2) “does not -4- reflect any restriction on the length of the mandatory minimum that can be imposed under it, other than stating it must be between 25 years and life imprisonment,” and because the plain language of section 794.0115(6) provides that the mandatory minimum term must be imposed if the mandatory minimum exceeds the statutory maximum for the crime—which it did in this case. In reaching its conclusion, the trial court dismissed the Fifth...

...DSFO Act provides the trial court with discretion to impose a mandatory minimum life sentence regardless of the statutory maximum for the charged offense. Williams, 189 So. 3d at 290. As did the trial court, the First District relied on the plain language of section 794.0115 and on the district court’s previous decision in Flowers. Id. at 289-90. As to the plain language of the DSFO Act, the First District noted that under section 794.0115(2) and section 794.0115(6), a designated sexual felony offender “must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment,” and the minimum sentence must be imposed whenever that minimum exceeds the statutory maximum otherwise provided by Florida law. Id. at 289 (quoting § 794.0115(2), Fla....

...District’s conclusion in Wilkerson that the plain language of the DSFO Act authorized only a twenty-five-year mandatory minimum when the underlying crime had a fifteen-year statutory maximum. Id. at 289. The First District determined that “the plain language of section 794.0115” instead supported the conclusion that the “minimum mandatory sentence” is “any term between twenty- five years and life in prison.” Id....

...andatory minimum term of imprisonment imposed under this section exceeds the maximum sentence authorized under s. 775.082, s. 775.084, or chapter 921, the mandatory minimum term of imprisonment under this section must be imposed.” Id. (quoting § 794.0115(6), Fla....

...ive statutory provisions, followed by an examination of Mendenhall. DSFO Act vs. 10-20-Life Statute The DSFO Act imposes mandatory minimum sentencing for certain sexual crimes committed under certain circumstances. § 794.0115, Fla....

...committed by an offender while possessing or using a firearm. § 775.087, Fla. Stat. (2004). The pertinent provisions in each law are strikingly similar, as shown below. I. Mandatory Minimum Sentencing Provisions In the DSFO Act, section 794.0115(2) contains the mandatory minimum sentencing provision and provides that an offender convicted of one of the referenced crimes and meeting certain other conditions “is a dangerous sexual felony offender, who must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment.” § 794.0115(2), Fla....

...Mandatory Minimums and Statutory Maximums The DSFO Act and the 10-20-Life statute also both address their respective mandatory minimum sentencing provisions as they relate to the more general statutory sentencing maximums provided elsewhere under Florida law. In the DSFO Act, section 794.0115(6) provides: Notwithstanding s....

...775.084, or chapter 921, the sentence imposed must include the mandatory minimum term of imprisonment under this section. sexual felony offender “must be sentenced to a mandatory minimum term of 50 years imprisonment up to, and including, life imprisonment.” § 794.0115(2), Fla. Stat. (2017). These amendments are not at issue in this case. - 10 - § 794.0115(6), Fla....

...ten Because we see no compelling reason to recede from Mendenhall and to interpret the “25 to life” provision in the DSFO Act differently than we interpreted the similar “25 to life” provision in the 10-20-Life statute, we hold that section 794.0115, Florida Statutes (2009), authorizes trial courts to impose a mandatory minimum sentence anywhere in the range of twenty-five years to life, even if that sentence exceeds the maximum under the general sentencing statute....

.... III. CONCLUSION For the reasons set forth above, we approve the First District’s decision in Williams. We also disapprove the Fifth District’s holding in Wilkerson that the “25 to life” provision in section 794.0115, Florida Statutes (2012), does not authorize trial courts to impose a mandatory minimum sentence anywhere in the range of twenty-five years to life regardless of the general statutory maximum for the crime. It is so ordered...

...I believe that the language of the DFSO Act and the 10-20-Life statute are distinct enough to provide a different outcome. Unlike the 10-20-Life statute, the DFSO Act does not purport to supply the minimum sentence a defendant sentenced under the act shall receive. Compare § 794.0115(2), Fla....

...(2009) (providing that defendants who discharge firearms during the commission of enumerated crimes “shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.”). Section 794.0115(6), Florida Statutes, provides that a term of imprisonment imposed under this section that is “less than the sentence that could be imposed under section 775.082, section 775.084, or chapter 921 ....

...minimum mandatory life sentence could be imposed. Unlike the 10-20-Life law, where multiple levels of offense exist, the DFSO Act provides one statutorily enhanced minimum mandatory. Accordingly under the majority’s reasoning, the language of section 794.0115(6), which provides for an occasion in which the - 18 - statutory minimum mandatory is less than the otherwise authorized sentence, is meaningless....

...e rule from McDonald , explained by this Court in Valentin , applies in the instant case. Fleming’s sexual battery while armed offense was subject to a mandatory minimum sentence under two separate and distinct statutes addressing different evils: section 794.0115(2), Florida Statutes (2008) (the “Dangerous Sexual Felony Offender Act”), and section 775.087(2)(a)l.b., (the “10-20-Life” statute). Section 794.0115(2)(b) provides: (2) Any person who is convicted of a violation of [a sexual battery under section 794.011(3) ] ......

...Further, subsection (6) reads: Notwithstanding s. 775.082(3), chapter 958, any other law, or any interpretation or construction thereof, a person subject to sentencing under this section must be sentenced to the mandatory term of imprisonment provided under this section. Accordingly, section 794.0115(6) requires a qualified defendant to be subject to sentencing under that statute rather than any other statute....

...4th DCA 2008) (“So as to make its intention unmistakable, the legislature also provided that this mandatory sentence trumps all other types of sentencing statutes which might yield a lesser sentence”). The trial court imposed a twenty-five year mandatory minimum term for armed sexual battery under section 794.0115 rather than section 775.087....

...t-barreled shotgun (under § 790.221) and other offenses imposed for use of a firearm during the commission of those felonies (under § 775.087(2))). The key is determining whether the different statutes address different evils. Still, in this case, section 794.0115(2), Florida Statutes (2008), would have applied even if Fleming did not use a firearm. By forcing the husband to watch Fleming sexually assault the victim, Fleming "[vjictimized more than one person during the course of the criminal episode applicable to the offense[.]” § 794.0115(2)(c)....

...onment on the attempted sexual battery conviction and remand for resentencing because the jury did not make a finding that he used or threatened to use a deadly weapon, which was necessary to permit the imposition of an enhanced sentence pursuant to section 794.0115(2)(b), Florida Statutes (2008), under the facts in this case....

...Espinoza-Montes as a dangerous sexual felony offender and imposed a twenty-five-year mandatory minimum sentence on the attempted sexual battery conviction. The trial court imposed a concurrent sentence of five years on the false imprisonment conviction. Section 794.0115, the Dangerous Sexual Felony Offender Act (the Act), provides for enhanced sentencing for persons eighteen years of age or older who are convicted of certain listed offenses, including a violation of section 794.011(3), and who also meet one of five enumerated conditions in section 794.0115(2)(a)-(e). The enumerated condition at issue in this case requires a twenty-five-year minimum mandatory sentence if the defendant “[ujsed or threatened to use a deadly weapon during the commission of the offense.” § 794.0115(2)(b)....

...Espinoza-Montes’s sentence for the second-degree felony and remand for resentencing under the Criminal Punishment Code. Affirmed in part, reversed in part, and remanded for resentencing. SILBERMAN, C.J., and ALTENBERND and BLACK, JJ., Concur. . Enhanced sentencing is required under section 794.0115(2)(a) if the defendant "[claused serious personal injury to the victim as a result of the commission of the offense.” For the purpose of a conviction under section 794.011(3), the physical force element does not require a finding t...

...tim, only that the defendant used "actual physical force likely to cause serious personal injury.” Id. (Emphasis supplied.) . Mr. Espinoza-Montes also argues that an attempt to commit a sexual battery does not qualify for enhanced sentencing under section 794.0115(2). We need not resolve the issue of whether an attempt qualifies under the Act, however, because he did not qualify under *849 section 794.0115(2)(a)-(e) for sentencing under the Act.

...rather than the mere fact of conviction, which is the case for sentencing. The Legislature, in directing whether a certain prior conviction requires a certain result, is capable of ensuring that the determination is based on the elements of the offense alone. See, e.g., § 794.0115(2)(e), Fla....

...We affirm appellant’s conviction without comment, but reverse as to the sentencing issue raised by the state on cross appeal. After being convicted of sexual battery with a deadly weapon, the state sought to have appellant sentenced as a dangerous sexual felony offender (“DSFO”) pursuant to section 794.0115, Florida Statutes (2006), because he used a deadly weapon during the course of the attack. The appellant objected, asserting that section 794.0115 was meant to punish repeat sexual offenders and he did not have a prior conviction. The trial court agreed with appellant and refused to deem him a DSFO.- • The appellant was sentenced to fifteen years’ imprisonment, rather than the minimum term of twenty-five years’ imprisonment required by the DSFO statute. Section 794.0115, Florida Statutes (2006), defines a dangerous sexual felony offender....

...Subsections (a)-(e) are disjunctive, as evidenced by the use of the term “or” before section (2)(e). Because those subsections are disjunctive, the defendant must have been convicted of a crime listed in section (2) and meet one of the requirements of subsections (a)-(e). Thus, pursuant to section 794.0115, a defendant who is convicted of violating section 794.011(3) (sexual battery with a deadly weapon or with force likely to cause serious personal injury), and who used or threatened to use a deadly weapon during the commission of the offense, 1 is a dangerous sexual felony offender....

...Here, the state sought DSFO sentencing because the appellant used a deadly weapon under section (2)(b), not because he had a prior conviction under section (2)(e). A prior conviction is not a prerequisite to a defen *717 dant being deemed a DSFO under section 794.0115(2)(b)....

...BROWNING, C.J., PADOVANO, and POLSTON, JJ., concur. . The jury found that the appellant used or threatened to use a deadly weapon when it found him guilty as charged of sexual battery with a deadly weapon. . A prior conviction was necessary under the older version section 794.0115. Prior to 2003, the title of that section specified that it dealt with "repeat sexual batterers." See 794.0115, Fla....

...avated battery on a pregnant woman did not qualify as a violent felony offense under section 775.084, Florida Statutes (2005). He next asserts that imposing habitual violent felony offender and dangerous sexual felony offender sanctions, pursuant to section 794.0115, Florida Statutes (2005), constitutes an improper double enhancement and violated his right to substantive due process....

...lascivious exhibition (Count V). The State also announced that it intended to seek habitual violent felony offender (HVFO) sanctions, pursuant to § 775.084, Florida Statutes (2005), and dangerous sexual felony offender (DSFO) sanctions, pursuant to § 794.0115, Florida Statutes (2005)....

...ndard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const. New instructions 11.16 and 11.16(a) pertain to the classification of "Dangerous Sexual Felony Offender." The instructions derive from the rewording of section 794.0115, Florida Statutes, by chapter 2003-115, Laws of Florida, to include a mandatory minimum sentence of twenty-five years of imprisonment for those found to have violated the Dangerous Sexual Offender Act. Instruction 11.16 covers three of the five possible bases for a determination that the defendant is a dangerous sexual felony offender under section 794.0115....

...y to the victim as a result of the commission of the offense, used or threatened to use a deadly weapon during the commission of the offense, or victimized more than one person during the course of the criminal episode applicable to the offense. See § 794.0115(2)(a)-(c), Fla. Stat. (2007). New instruction 11.16(a) covers the other two bases for enhancement under section 794.0115 and is intended only to be given if the State is seeking an enhanced penalty based on the defendant's status of being on probation or community control, § 794.0115(2)(d), or the offender was previously convicted of a qualifying offense. § 794.0115(2)(e)....

...The instructions as set forth in the appendix [1] shall be effective when this opinion becomes final. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX 11.16 DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. (For crimes committed on or after July 1, 2003.) *1056 If you find (defendant) guilty of (felony, as identified by section 794.0115(2), Fla....

...victimized more than one person during the course of the criminal episode applicable to the offense. Definition. "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement. Comment This instruction was adopted in 2008. 11.16(a) DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. (For crimes committed on or after July 1, 2003.) (For use when defendant has been found guilty of s. 794.0115(2)(d) or (e), Fla. Stat.). Having found (defendant) guilty of (felony, as identified by section 794.0115(2), Fla....

...committed the offense while under the jurisdiction of a court for a felony offense under the laws of this state, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in this state. b. had been convicted of (felony, as identified by section 794.0115(2)(e), Fla....

...sonal injury, a second-degree felony punishable by up to fifteen years’ imprisonment. §§ 775.082(3)(c); 794.011(5)(a), Fla. Stat. (2009). Appellant was sentenced to life imprisonment as a dangerous sexual felony offender (“DSFO”) pursuant to section 794.0115, Florida Statutes (2009). Appellant contends that his life sentence as a DSFO 1 is illegal. He relies on Wilkerson v. State, 143 So.3d 462 (Fla. 5th DCA 2014), which held that pursuant to section 794.0115(6), where the minimum mandatory required by section 794.0115, Florida Statutes (2009), exceeds the maximum sentence authorized by section 775.082(3)(c), the trial court is limited to imposing a twenty-five-year minimum mandatory, and a life sentence is not authorized. However, based upon the plain language of section 794.0115, we disagree with the Fifth District’s holding in Wilkerson....

...State, 121 So.3d 524, 530 (Fla.2013) (noting that the plain and ordinary meaning of the words of a statute must control and that when a statute is clear, a court need not look behind the statute’s plain language for legislative intent or resort to rules of statutory construction to ascertain intent). Section 794.0115(2), Florida Statutes (2009), states that a DSFO “must be sentenced to a mandatory minimum term of 25 years imprisonment up to, .and including, life imprisonment.” Section 794.0115(6) mandates that if the minimum mandatory term of section 794.0115 exceeds the statutory maximum authorized by section 775.082, the minimum mandatory term must be imposed....

...The plain language of the statute makes the DSFO minimum mandatory sentence any term between twenty-five years and life in prison, as the statute specifically states that the minimum mandatory is “25 years imprisonment up to, and including, life imprisonment.” § 794.0115(2), Fla. Stat. (2009) (emphasis added). There is no restriction on the length of the minimum mandatory that may be imposed, other *290 than that it must be between twenty-five years and life. Thus., a minimum mandatory life sentence is authorized by section 794.0115 regardless of the statutory maximum of the crime....

...t convicted of a second-degree felony. This Court specifically rejected the argument that section 775.087(2)(a)3. limits the minimum mandatory period to twenty-five years for a second-degree felony. Id. This Court’s reasoning in Flowers applies to section 794.0115 as well. Appellant’s minimum mandatory life sentence as a dangerous sexual felony offender is legal as it is specifically authorized by section 794.0115....