The 2023 Florida Statutes (including Special Session C)
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. . . . § 782.04(2). . . . Stat. § 782.04(1)(a). . . .
. . . State , 780 So. 2d 17, 21 (Fla. 2001) ; § 782.04(1) Fla. Stat. (2017) ; § 777.04(1), Fla. . . .
. . . ." § 782.04(2), Fla. Stat. (2016). . . .
. . . . § 782.04(1)(a)(1). . . .
. . . APPENDIX 7.3 FELONY MURDER - FIRST DEGREE § 782.04(1)(a), Fla. Stat. . . . Lesser Included Offenses FIRST DEGREE (FELONY) MURDER - 782.04(1)(a) CATEGORY ONE CATEGORY TWO FLA. . . . Second degree 782.04(2) 7.4 (depraved mind) murder Manslaughter 782.07 7.7 Aggravated 782.07(3) 7.7(a . . . Aggravated 782.07(4) 7.7(a) Manslaughter (Officer/Firefighter/EMT/Paramedic) Third degree (felony) 782.04 . . . Lesser Included Offenses SECOND DEGREE (DEPRAVED MIND) MURDER - 782.04(2) CATEGORY ONE CATEGORY TWO FLA . . .
. . . unanimously convicted the defendant of the capital crime of first-degree murder that is delineated in section 782.04 . . . Florida's substantive statute on murder, codified at section 782.04, Florida Statutes, provides as follows . . . : 782.04 Murder.- (1)(a) The unlawful killing of a human being: 1. . . . Thus, the crime of first-degree murder, of which Foster was convicted, is defined in section 782.04 as . . .
. . . Under subsection (3)(a)5.a., a person who is convicted under section 782.04 and sentenced to a term of . . . First, Hurst disputes that he was convicted under section 782.04. . . . The language of section 775.082 is crystal clear-a juvenile offender convicted under section 782.04 is . . . Because Hurst was convicted under section 782.04, attempted to kill the victim, and used a weapon or . . . Section 775.082(3)(a) 5., Florida Statutes, sets forth the penalty for a conviction under section 782.04 . . .
. . . (Crim.) 6.4; § 782.04(2), Fla. Stat. (2017). . . . However, the correct statute regarding second-degree murder is section 782.04(2), not section 784.04( . . . .3d 1200, 1203-04 (Fla. 1st DCA 2018) (discussing second-degree murder conviction pursuant to section 782.04 . . .
. . . . § 782.04(2). . . . Stat. § 782.04(1)(a) (2017). . . . Stat. § 782.04(1)(a) ; see also State v. . . . Stat. § 782.04(1). . . .
. . . Petitioner asserts that the State violated section 782.04, Fla. . . . And the 2016 amendment to section 782.04(1), Fla. . . .
. . . "); § 782.051(1) ("Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04 . . .
. . . Those provisions, by their express terms, apply only to homicide offenses, which are defined in section 782.04 . . . who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 . . .
. . . deadly weapon is a first-degree felony reclassified as a life felony under sections 775.087(1)(a) and 782.04 . . .
. . . Compare § 782.04(1)(a), Fla. Stat. (2013) ("The unlawful killing of a human being[,] ... . . . killed or any human being ... is murder in the first degree and constitutes a capital felony[.]") with § 782.04 . . . Section 782.04(2), Florida Statutes, F.S.A. . . . See § 782.04(2) ; Roberts v. State, 425 So.2d 70, 71 (Fla. 2d DCA 1982). . . . life, although without any premediated design to effect the death of any particular individual." § 782.04 . . .
. . . His judgment reflects that he pleaded no contest to a violation of section 782.04(3), Florida Statutes . . . Section 775.082(3)(b)(2)(b) applies to defendants convicted of violations of section 782.04 which are . . . convicted of second-degree murder with no distinction between second-degree murder, a violation of section 782.04 . . . (2), and second-degree felony murder, a violation of section 782.04(3). . . .
. . . . § 782.04, and the arson statute has two separate degrees. . . .
. . . (Crim.) 7.4; § 782.04(2), Fla. Stat. (2014). . . .
. . . Appellant was convicted of first degree murder with a firearm under sections 775.087 and 782.04, Florida . . .
. . . . § 782.04(1)(a), Fla. Stat. (2016). . . .
. . . design to effect the death of any particular individual.' " Perez , 187 So.3d at 1281-82 (quoting § 782.04 . . .
. . . State , 394 So.2d 544, 545 (Fla. 5th DCA 1981) ; § 782.04, Fla. Stat. (2013). . . .
. . . . § 782.04(1)(b) and Fla. R. of Crim. . . . (enacting § 782.04(1)(b), Fla. Stat. (2016) ). . . . Section 782.04(1)(b) appears to require the state file a timely notice of intent. . . . Again, our supreme court enacted this rule after the legislature codified section 782.04(1)(b). . . . Section 782.04(1)(b), Fla. . . .
. . . the trial court denied the 2012 motion, concluding that: The trial court utilized Florida Statutes 782.04 . . . conviction was a first degree felony punishable by life when interpreting Florida Statutes 775.0823 and 782.04 . . . First, section 782.04(2), Florida Statutes (2007), defines second degree murder and provides that the . . . 775.082, s. 775.083, or s. 775.084. (7) For attempted murder in the third degree as described in s. 782.04 . . . Section 775.0823(5) states "For attempted murder in the second degree as described in s. 782.04(2) and . . .
. . . human life so as to support a conviction for attempted second-degree murder in violation of section 782.04 . . .
. . . . §§ 775.082(3)(b), 777.04(4)(c), 782.04(2), 775.087(1), Fla. Stat. (2011). . . .
. . . who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 . . . did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 . . . who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 . . . did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 . . .
. . . APPENDIX 6.2 ATTEMPTED MURDER-FIRST DEGREE (PREMEDITATED) §§ 782.04(1)(a) and 777.04, Fla. Stat. . . . Attempted First 782.04(1) and 6.2 Degree Premeditated 777.04 Murder Attempted Second 782.04, 777.04, . . . This instruction was adopted in 2018. 7.2 MURDER-FIRST DEGREE § 782.04(1)(a), Fla. Stat. . . . First Degree 782.04(1)(a) 7.2 Premeditated Murder Second Degree 782.04(2) and 7.4 and Murder-Reclassified . . . 782.065 7.13 Second Degree 782.04(2) 7.4 Murder Manslaughter 782.07 7.7 Second Degree 782.04(3) and . . .
. . . See §§ 782.04(2), 777.04(4)(c), Fla. Stat. (2017). . . .
. . . Rivera was charged in an amended information pursuant to sections 782.04(1), 777.04, 775.087, 775.0823 . . .
. . . in relevant part: Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04 . . . 2012) (providing: "Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04 . . . See § 782.04(3)(d), Fla. Stat. (2012). . . .
. . . Because Brown was convicted under section 782.04(2), Florida Statutes (2013), of an offense that was . . .
. . . rule, an unborn child is not a human being within the meaning of Florida’s homicide statute, section 782.04 . . . Florida Legislature so as to allow Appellant’s second-degree murder conviction to stand under section 782.04 . . . Section 782.04(2), Florida Statutes (2013), defines second-degree murder as “[t]he unlawful killing of . . . common law immunity from prosecution for the pregnant woman was not abrogated by sections 390.001, 782.04 . . . Rule, an unborn child is not a human being within the meaning of Florida’s homicide statute, section 782.04 . . .
. . . Stat. (2015); § 782.04(1)(a)1., Fla. Stat. (2015). . . .
. . . information that reveals the personal identifying information of a witness to a murder, as described in s. 782.04 . . . public necessity that personal identifying information of a witness to a murder, as described in s. 782.04 . . . public necessity that the personal identifying information of a witness to a murder, as described in s. 782.04 . . . Section 782.04 is the homicide statute. . . . .
. . . person perpetrating or attempting to perpetrate such felony commits murder in the second degree .... ” § 782.04 . . . See § 782.04(3), Fla. Stat (2016). . . . . . § 782.04(3), Fla. Stat. (2004). . . . second-degree felony murder the defendant must have committed one of the felonies enumerated in section 782.04 . . .
. . . See § 782.04(2), Fla. Stat. (Supp. 1996); § 777.04(4), Fla. Stat. (1996). . . .
. . . See §§ 775.087(1)(b), 777.04(4)(c), 782.04(2), Fla. Stat. (2007). . . .
. . . . §§ 782.04(2), 777.04(4)(c), 775.087(l)(b), Fla. Stat. (2010). . . .
. . . . § 782.04(1)(a)(1). . . . to believe that Reed attempted to kill Torres with his vehicle in violation of Florida Statutes §§ 782.04 . . .
. . . first-degree murder (based on both premeditation and felony murder theories of the offense), see § 782.04 . . .
. . . Butner on count one, attempted second-degree murder, section 782.04, Florida Statutes (2012); on count . . .
. . . by information with the second degree murder of Luis Rodriguez (“Rodriguez”) in violation of section 782.04 . . . Section 782.04(2) provides in part that "murder in the second degree ... constitutes a felony of the . . .
. . . . § 782.04, and- sought a search warrant to enter and search the house for evidence of that offense. . . .
. . . GRAY, 654 So.2d 552 (Fla. 1995), TO BE A NONEXISTENT CRIME UNDER SECTION 782.04(1)(A), DOES THE STATE . . . bodily harm was inflicted upon [each of the three victims], contrary to Florida Statutes 777.04(1) and 782.04 . . . information did cite the attempt statute, section 777.04(1), and the felony murder statute, section 782.04 . . . See § 782.04(1)(a) 2., Fla. Stat. (2016). . . . The crime of attempted premeditated murder is codified in section 782.04 (Murder), and section 777.04 . . .
. . . Oliver was charged with two counts of first-degree murder, in violation of section 782.04(1)(a), Florida . . . See § 782.04(1)(a)(1), Fla. Stat. (2009). . . . See § 782.04(1)(a)(2)(e), Fla. Stat. (2009). . . .
. . . attempted second-degree murder and possession of a firearm by a felon pursuant to sections 784.045, 782.04 . . . FRANK MA-BREY, in violation of Section 775.087, Florida Statutes, Section 784.045(1)(a)(2), and Section 782.04 . . . injury ... in violation of Section 775.087, Florida Statutes, Section 784.045(1)(a)(2), and Section 782.04 . . .
. . . second-degree murder is a first-degree felony punishable by a term of years up to life in prison, see § 782.04 . . .
. . . information with attempted first-degree murder of a law enforcement officer in violation of sections 782.04 . . . —Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced . . . (1) and a death sentence was not imposed; murder in the second or third degree in violation of s. 782.04 . . . (2), (3), or (4); attempted murder in the first or second degree in violation of s. 782.04(1)(a)1. or . . . (Citing §§ 782.04(2), 777.04, Fla. Stat.). . . .
. . . Id. at 620 (citing §§ 782.04(1)(a), 776.082(1), Fla. Stat. (2010)). . . .
. . . charged the child with three counts of solicitation to commit first degree murder, contrary to sections 782.04 . . .
. . . of an unconscious and seated victim was “imminently dangerous” conduct within the meaning of section 782.04 . . . Determining Whether an Act is “Imminently Dangerous” Section 782.04(2) defines second-degree murder as . . . See § 782.04(2); Fla. Std. Jury Instr. (Crim.) 7.4; see also United States v. . . . See § 782.04(2). . . . See § 782.04(2); Pagan, 830 So.2d at 803 (citing Banks, 732 So.2d at 1067). C. . . .
. . . First-degree murder is a capital felony, § 782.04(l)(a), Fla. Stat. (1995). . . .
. . . See § 782.04(2), Fla. Stat. (2006). . . .
. . . Section 782.04(3), Florida Statutes, lists the offenses which may serve as an underlying felony in a . . . second-degree felony murder when a human being is killed as a result of a conspiracy to commit armed robbery. § 782.04 . . . Even if we did not find the plain text of section 782.04(3) controlling here, however, employing the . . .
. . . who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 . . . did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 . . .
. . . ” felony murder crime, in that it may be based on any felony other than those enumerated in section 782.04 . . .
. . . limitations.”). .The 2004 information includes a caption as to Count 1, "MURDER 1st DEGREE/ATTEMPT 782.04 . . . being while engaged in the perpetration, or attempted perpetration, of a felony enumerated in section 782.04 . . .
. . . Compare § 782.04(2), Fla. . . . See § 782.04(2), Fla. Stat. (2008) (attempted second-degree murder); § 782.065(2), Fla. . . .
. . . .1999)); see also Dausch, 141 So.3d at 517 (outlining elements of first-degree premeditated murder); § 782.04 . . .
. . . . §§ 782.04(2), 775.087. . . .
. . . The most important changes made to the previously existing statutes appear in sections 775.082, 782.04 . . . Section 2 of the Act amends section 782.04(1) to create a notice requirement whereby prosecutors must . . . of only those aggravating factors of which it provided notice to the defendant pursuant to section 782.04 . . .
. . . subsequently charged Petitioner in an information with second-degree murder pursuant to Florida Statute § 782.04 . . .
. . . Chapter 2016-13, section 2, amended section 782.04, Florida Statutes (2015), to provide notice requirements . . .
. . . .; § 782.04(2), Fla. Stat.; § 775.087(2)(a)l.a., Fla. Stat. . . .
. . . exists from which one could find that appellant acted with a depraved mind, as required under section 782.04 . . .
. . . See §§ 782.04(1)(a) (establishing first-degree murder as a capital offense), 775.082(1), 921.141(1), . . . by life imprisonment and shall be ineligible for parole. § 775.082(1) (emphasis added); see also § 782.04 . . . It likewise did not strike down section 782.04 or otherwise reduce first-degree murder to a noncapital . . .
. . . See § 782.04(2), Fla. Stat. (1997). . . .
. . . Hernandez-Montes of “Attempted Second Degree Murder With A Weapon” in violation of Florida Statutes §§ 782.04 . . . Stat. § 782.04(2). . . . Stat. § 782.04(2) (2016). The current version was also in effect in 1995. . . . .
. . . that Jacobson pled guilty to three counts of first degree murder, in violation of Florida Statutes § 782.04 . . . Stat. § 782.04(l)(a)(l) (providing that a person is guilty of first degree murder when he unlawfully . . .
. . . See §§ 782.04(l)(a), (3)(a), Fla. Stat. . . . Stat. (2011) (possession of methamphetamine is a second-degree felony); 782.04(4), Fla. Stat. . . .
. . . Landrum was convicted of second-degree murder with a weapon in violation of sections 782.04(2) and 775.087 . . .
. . . Sentence: 304.58 months Jail Credit: 1 day Case 11-4851 Second Degree Murder with a Firearm; §§ 782.04 . . . (2), 775.087; Life Felony Attempted Second Degree Murder with a Firearm; §§ 782.04(2), 777.04(1), 775.087 . . .
. . . Appellant was charged with second-degree felony murder in violation of section 782.04(3)(e), Florida . . .
. . . prevented in the execution of said offense, contrary to Florida Statutes 777.04(1), 775.087(2) and 782.04 . . .
. . . . § 782.04(2), Fla. Stat. (2005). . . .
. . . .” § 782.04(2), Fla. .Stat. (2013). . . .
. . . While it is true that first degree murder is a capital felony pursuant to section 782.04(1)(a), and that . . .
. . . See § 782.04(1)(a), Fla. Stat. (2010). . . .
. . . . § 782.04(2), Fla. Stat. (2003); § 777.04(4)(c), Fla. Stat. (2003). . . .
. . . See §§ 782.04(l)(a)(2)(h), 827.03(l)(a)(3), 2(a), Fla. Stat. (2013). . . .
. . . . § 782.04(2), Fla. Stat. (2009). The State filed a notice of its intent to sentence Mr. . . .
. . . .” § 782.04(2), Fla. Stat. (2011). . . .
. . . . §§ 782.04(1) and 775.087(1). . . .
. . . . § 782.04(1)(a) (2010). . . .
. . . . §§ 784.05, 782.04, 777.04, 784.045; battery of a law enforcement officer, id. §§ 784.03(l)(a), 784.07 . . .
. . . . <1995); see also §§ 782.04(2), 777.04(4)(c), For a first degree felony, the trial court can sentence . . .
. . . Stat. (2011)), and attempted first-degree murder (§§ 782.04(l)(a)l.; 777.04(4)(b), Fla. . . . Stat. (2011), includes: second-degree murder (§ 782.04(2), Fla. . . .
. . . It further appears that the sentencing order contains a scrivener’s error in citing to section 782.04 . . .
. . . statute provides that “[a]ny person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04 . . . felony murder,— (1) Any person who perpetrates, or attempts to perpetrate any felony enumerated in s. 782.04 . . . The attempted armed robbery charged in count 2 is a felony enumerated in section 782.04(3), and the later . . .
. . . See § 782.04(1)(a)(2)(d), Fla. Stat. (2011). . . .
. . . and during the commission of the offense actually possessed a firearm, .contrary to Florida Statute 782.04 . . .
. . . Felony murder is defined in section 782.04(l)(a)2.d., Florida Statutes (2008), which states: [T]he unlawful . . .
. . . Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not included in s. 782.04 . . .