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Florida Statute 775.087 | Lawyer Caselaw & Research
F.S. 775.087 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.087
775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.
(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(2)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for:
a. Murder;
b. Sexual battery;
c. Robbery;
d. Burglary;
e. Arson;
f. Aggravated battery;
g. Kidnapping;
h. Escape;
i. Aircraft piracy;
j. Aggravated child abuse;
k. Aggravated abuse of an elderly person or disabled adult;
l. Unlawful throwing, placing, or discharging of a destructive device or bomb;
m. Carjacking;
n. Home-invasion robbery;
o. Aggravated stalking;
p. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1);
q. Possession of a firearm by a felon; or
r. Human trafficking

and during the commission of the offense, such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for possession of a firearm by a felon or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years if such person possessed a “firearm” or “destructive device” during the commission of the offense. However, if an offender who is convicted of the offense of possession of a firearm by a felon has a previous conviction of committing or attempting to commit a felony listed in s. 775.084(1)(b)1. and actually possessed a firearm or destructive device during the commission of the prior felony, the offender shall be sentenced to a minimum term of imprisonment of 10 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-subparagraph 1.r., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
3. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-subparagraph 1.r., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person 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.
(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.
(d) It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.
(3)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for:
a. Murder;
b. Sexual battery;
c. Robbery;
d. Burglary;
e. Arson;
f. Aggravated battery;
g. Kidnapping;
h. Escape;
i. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance;
j. Aircraft piracy;
k. Aggravated child abuse;
l. Aggravated abuse of an elderly person or disabled adult;
m. Unlawful throwing, placing, or discharging of a destructive device or bomb;
n. Carjacking;
o. Home-invasion robbery;
p. Aggravated stalking;
q. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); or
r. Human trafficking

and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 15 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph 1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
3. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph 1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person 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.
(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.
(d) It is the intent of the Legislature that offenders who possess, carry, display, use, threaten to use, or attempt to use a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001 be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.
(e) As used in this subsection, the term:
1. “High-capacity detachable box magazine” means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges.
2. “Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle.
(4) For purposes of imposition of minimum mandatory sentencing provisions of this section, with respect to a firearm, the term “possession” is defined as carrying it on the person. Possession may also be proven by demonstrating that the defendant had the firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense, if proven beyond a reasonable doubt.
(5) This section does not apply to law enforcement officers or to United States military personnel who are performing their lawful duties or who are traveling to or from their places of employment or assignment to perform their lawful duties.
History.s. 9, ch. 74-383; s. 1, ch. 75-7; s. 3, ch. 75-298; s. 2, ch. 76-75; s. 51, ch. 83-215; s. 3, ch. 89-306; s. 2, ch. 90-124; s. 2, ch. 90-176; s. 19, ch. 95-184; s. 9, ch. 95-195; s. 15, ch. 96-322; s. 55, ch. 96-388; s. 14, ch. 97-194; s. 1, ch. 99-12; s. 88, ch. 2000-158; s. 5, ch. 2000-320; s. 11, ch. 2005-128; s. 4, ch. 2011-200; s. 1, ch. 2012-74; s. 3, ch. 2014-176; s. 2, ch. 2014-195; s. 1, ch. 2016-7; s. 121, ch. 2019-167; s. 1, ch. 2023-87.

F.S. 775.087 on Google Scholar

F.S. 775.087 on Casetext

Amendments to 775.087


Arrestable Offenses / Crimes under Fla. Stat. 775.087
Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.087 1a - AGGRAV BATTERY - REMOVED - F: L
S775.087 1a - WEAPON OFFENSE - REMOVED - F: L
S775.087 1a - AGGRAV BATTERY - COMMIT 1ST DEGREE FELONY W AGG BATT - F: L
S775.087 1a - WEAPON OFFENSE - COMMIT 1ST DEGREE FELONY W WEAPON - F: L
S775.087 1b - AGGRAV BATTERY - REMOVED - F: F
S775.087 1b - WEAPON OFFENSE - REMOVED - F: F
S775.087 1b - AGGRAV BATTERY - COMMIT 2ND DEGREE FELONY W AGG BATT - F: F
S775.087 1b - WEAPON OFFENSE - COMMIT 2ND DEGREE FELONY W WEAPON - F: F
S775.087 1c - AGGRAV BATTERY - REMOVED - F: S
S775.087 1c - WEAPON OFFENSE - REMOVED - F: S
S775.087 1c - AGGRAV BATTERY - COMMIT 3RD DEGREE FELONY W AGG BATT - F: S
S775.087 1c - WEAPON OFFENSE - COMMIT 3RD DEGREE FELONY W WEAPON - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

SMITH- PICKFORD, v. STATE, 273 So. 3d 1195 (Fla. App. Ct. 2019)

. . . See §§ 812.13(2)(a); 775.087(2); 777.04, Fla. Stat. (2018). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 1210 (Fla. 2019)

. . . defendant is found guilty of committing or attempting to commit a felony other than those enumerated in § 775.087 . . . defendant is found guilty of committing or attempting to commit a felony other than those enumerated in § 775.087 . . . explosive; [the frame or receiver of any such weapon;] [any firearm muffler or firearm silencer]. § 775.087 . . .

SHEPPARD, v. STATE, 274 So. 3d 1152 (Fla. App. Ct. 2019)

. . . Whitehead, 472 So.2d 730, 731-32 (Fla. 1985) ("[P]ursuant to section 775.087(1), a first-degree felony . . . (internal citation omitted) (citing § 775.087(1)(a), Fla. Stat. (1983) ; Strickland v. . . .

MOSS, v. STATE, 270 So. 3d 559 (Fla. App. Ct. 2019)

. . . sentence, arguing that his use of a firearm could not be used to reclassify his offense under section 775.087 . . . Section 775.087(1)(a), Florida Statutes, allows attempted first-degree felonies to be reclassified as . . . However, "[t]he sentence enhancement created in section 775.087(1) is not itself a substantive offense . . . This would apply to any attempt to reclassify under section 775.087(1). . . . See § 775.087(2)(a) 2., Fla. Stat. . . .

WANLESS, v. STATE, 271 So. 3d 1219 (Fla. App. Ct. 2019)

. . . (noting that "[a]lthough section 775.087(2) does not contain any explicit language restricting trial . . . would likely be insufficient to impose consecutive sentences under Florida's 10-20-Life statute, § 775.087 . . . overcome the statutory requirement of parole consideration, the legislature in 1999 enacted section 775.087 . . . subsection consecutively to any other term of imprisonment imposed for any other felony offense. § 775.087 . . . I concur as to the expert testimony issue. § 775.087, Fla. Stat. (2015). . . .

JACKSON, v. STATE, 273 So. 3d 1103 (Fla. App. Ct. 2019)

. . . and (2) that the trial court erred in imposing consecutive mandatory minimum sentences under section 775.087 . . .

C. BRADLEY, v. STATE, 267 So. 3d 1103 (Fla. App. Ct. 2019)

. . . The trial court imposed consecutive minimum-mandatory sentences under section 775.087(2), Florida Statutes . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 267 So. 3d 980 (Fla. 2019)

. . . POSSESSION OF A [FIREARM] [DESTRUCTIVE DEVICE] [AND DISCHARGE] [CAUSING [GREAT BODILY HARM] [DEATH]] § 775.087 . . . If you find that (defendant)committed (felony identified in §775.087(2)(a)3, Fla. . . . If you find that (defendant)committed (felony identified in § 775.087(2)(a)2, Fla. . . . If you find that (defendant)committed (felony listed in § 775.087(2)(a)1, Fla. . . . See § 775.087(4), Fla. Stat. . . .

L. HESTER Jr. v. STATE, 267 So. 3d 1084 (Fla. App. Ct. 2019)

. . . See § 775.087, Fla. Stat. . . .

DOOLEY, v. STATE, 268 So. 3d 880 (Fla. App. Ct. 2019)

. . . was subsequently charged with one count of manslaughter with a weapon under sections 782.07(1) and 775.087 . . .

BUTLER, v. STATE, 271 So. 3d 143 (Fla. App. Ct. 2019)

. . . State, 48 So.3d 740, 742 (Fla. 2010) (holding that under section 775.087, Florida Statutes, "the trial . . .

COOPER, v. STATE, 267 So. 3d 558 (Fla. App. Ct. 2019)

. . . trial court sentenced Cooper to a minimum mandatory term of 20 years in prison pursuant to section 775.087 . . .

AGENOR, DOC v. STATE, 268 So. 3d 868 (Fla. App. Ct. 2019)

. . . imposing on six of those sentences a mandatory minimum term of ten years' imprisonment pursuant to section 775.087 . . . (2015) ; and one count of attempted burglary of a conveyance "with a deadly weapon," see §§ 810.02, 775.087 . . . In addition, although the attempted-burglary-of-a-conveyance charge generally cited section 775.087, . . . that general citation was insufficient to notify Agenor of the potential applicability of section 775.087 . . . See § 775.087(2)(a)(1). . . .

UNITED STATES v. B. GANDY, Jr., 917 F.3d 1333 (11th Cir. 2019)

. . . . § 775.087(2)(a)(i) because the State's charging document failed to allege that he personally possessed . . . physical possession of the firearm during the commission of the felony before the court can impose the § 775.087 . . .

JAMES, v. STATE, 264 So. 3d 982 (Fla. App. Ct. 2019)

. . . a firearm of the victim's purse and its contents in violation of subsections 812.13(1), (2)(a) and 775.087 . . .

MCDONALD, v. STATE, 264 So. 3d 202 (Fla. App. Ct. 2019)

. . . count of robbery with a firearm and one count of attempted robbery with a firearm contrary to section 775.087 . . . The State initially sought imposition of an enhanced sentence under section 775.087, Florida's 10-20- . . .

DENEGAL, v. STATE, 263 So. 3d 842 (Fla. App. Ct. 2019)

. . . life sentence imposed against him on count two, aggravated battery with a firearm, pursuant to section 775.087 . . . aggravated battery a firearm was involved, that person is subject to a minimum mandatory sentence. § 775.087 . . . imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison." § 775.087 . . . Additionally, the information only charged Denegal with violating subsection 775.087(2), not subsection . . . 775.087(2)(a)3., as would be required to seek the enhancement. . . .

ESPINOZA, Jr. v. STATE, 264 So. 3d 343 (Fla. App. Ct. 2019)

. . . He argues the twenty-five-year minimum mandatory sentences imposed upon him pursuant to section 775.087 . . . aggravated battery a firearm was involved, that person is subject to a minimum mandatory sentence. § 775.087 . . . Here, the information charged that Espinoza: [i]n violation of Florida Statutes 784.045(1)(a) and 775.087 . . . (2), not subsection 775.087(2)(a)3. as required. . . . See § 775.087(2)(a) 1., Fla. Stat. (2003). REVERSED and REMANDED, with Instructions. . . .

FOWLER, v. STATE, 273 So. 3d 92 (Fla. App. Ct. 2019)

. . . structure" are qualifying offenses under the prison releasee reoffender provisions of section 775.082); § 775.087 . . .

W. FLEMING, v. STATE, 260 So. 3d 1199 (Fla. App. Ct. 2019)

. . . Supreme Court clarified the current state of the law with regards to consecutive sentencing under section 775.087 . . . The Florida Supreme Court ruled that consecutive sentencing under section 775.087(2)(d) is not available . . .

JOHNSON, v. STATE, 263 So. 3d 74 (Fla. App. Ct. 2019)

. . . Section 775.087(1), Fla. . . . ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed." § 775.087 . . . with a felony involving the 'use' of a weapon, his or her sentence cannot be enhanced under section 775.087 . . . Second, the judgment incorrectly references § 775.087. . . .

SMITH, v. STATE, 262 So. 3d 852 (Fla. App. Ct. 2018)

. . . See § 775.087(2)(a)1.f., (2)(a)3., Fla. Stat. (2007). . . . Based on the jury's verdict, the minimum mandatory sentencing range permitted under section 775.087(2 . . . The 25-year to life minimum mandatory range under section 775.087(2)(a)3. . . .

E. KING, v. STATE, 259 So. 3d 317 (Fla. App. Ct. 2018)

. . . . § 775.087(2)(a), Fla. Stat. . . . The State did not reclassify the aggravated battery to a first-degree felony under section 775.087(1) . . .

STATE v. WRIGHT,, 260 So. 3d 1076 (Fla. App. Ct. 2018)

. . . The court declared section 775.087, Florida Statutes, the statute requiring a mandatory minimum, unconstitutional . . . requiring individualized sentencing consideration for juveniles and periodic reviews, supersedes section 775.087 . . . death or great bodily harm, the juvenile must be sentenced to a twenty-five-year mandatory minimum. § 775.087 . . . sentencing proceeding, the trial court is required to impose the mandatory minimum sentence under section 775.087 . . .

PIERRE, v. STATE, 259 So. 3d 859 (Fla. App. Ct. 2018)

. . . the maximum sentence permitted, which was a forty-year minimum-mandatory sentence pursuant to section 775.087 . . .

STATE v. I. J. a, 258 So. 3d 473 (Fla. App. Ct. 2018)

. . . We reject the juvenile's argument that we should analogize section 790.22(9), with section 775.087(1) . . . The two relevant subsections of section 775.087, Florida Statutes (2017), Florida's 10-20-Life statute . . . See § 775.087(1), Fla. . . . (emphasis added) ); § 775.087(2)(a), Fla. . . .

HURST, v. STATE, 257 So. 3d 1202 (Fla. App. Ct. 2018)

. . . . § 775.087(1), Fla. Stat. (2016). . . .

M. RAYMOND, v. STATE, 257 So. 3d 624 (Fla. App. Ct. 2018)

. . . Raymond was convicted under sections 784.04(2), 777.04(1), 775.087(1), 775.087(2)(a)1., and 775.087(2 . . .

SHEPARD, v. STATE, 259 So. 3d 701 (Fla. 2018)

. . . enhancing a defendant's sentence to a higher degree under Florida's reclassification statute, section 775.087 . . . Second District in Gonzalez , which held an automobile may not be considered a weapon under section 775.087 . . . (c) In the case of a felony of the third degree, to a felony of the second degree. § 775.087(1), Fla. . . . This Court then determined that "the obvious legislative intent reflected by section 775.087 is to provide . . . CONCLUSION In conclusion, we hold that an automobile is a weapon under section 775.087(1) if it is used . . . . § 775.087(1), Fla. Stat. (2011). . . . approval the reasoning of the district court that "[t]he obvious legislative intent reflected by section 775.087 . . . In the reclassification statute, the Legislature chose to use the phrase "any weapon or firearm." § 775.087 . . . Compare § 775.087(1), Fla. Stat. (2011), with § 775.087(1), Fla. Stat. (1991). . . .

BROWN, v. STATE, 260 So. 3d 1101 (Fla. App. Ct. 2018)

. . . 1352) with attempted first degree murder with a firearm, which is a life felony pursuant to section 775.087 . . .

MOBLEY, v. STATE, 263 So. 3d 117 (Fla. App. Ct. 2018)

. . . day-for-day provision from mandatory minimum sentence after comparing the language from sections 316.1935(6), 775.087 . . .

LEE, v. STATE, 257 So. 3d 1132 (Fla. App. Ct. 2018)

. . . See § 775.087(2)(d), Fla. . . . attempted second-degree murder is a second-degree felony, punishable by a maximum of fifteen years); § 775.087 . . .

LOPEZ, v. JUNIOR,, 259 So. 3d 202 (Fla. App. Ct. 2018)

. . . See § 775.087(2)(a)3., Fla. . . . See § 775.087(2)(a)1., Fla. . . . So.3d 989, 994 (Fla. 2016), the Florida Supreme Court held that "under the plain language of section 775.087 . . .

MARTINEZ, v. STATE, 256 So. 3d 897 (Fla. App. Ct. 2018)

. . . The 10-20-Life statute, which is codified in section 775.087 of the Florida Statutes, provides for mandatory . . .

R. MILLER, v. STATE, 265 So. 3d 457 (Fla. 2018)

. . . In 1997, we considered the application of section 775.087(2)(a), Florida Statutes (1993), where a defendant . . . State , 186 So.3d 989 (Fla. 2016), we considered the application of section 775.087(2)(d), Florida Statutes . . . Specifically, we held "that, under the plain language of section 775.087(2)(d), consecutive mandatory . . . Together, these cases state that section 775.087(2)(d), Florida Statutes (2014), mandates consecutive . . . Section 775.087(2)(d) neither mandates nor permits consecutive sentences for crimes committed in a single . . . , 996 (Fla. 2016) (Polston, J., dissenting), I have concluded that "[t]he plain language of section 775.087 . . . State , 186 So.3d 989, 995-96 (Fla. 2016) (Canady, J., concurring in result), I conclude that section 775.087 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . section 921.0023 because of a reclassification of the degree of felony under section 775.0845, section 775.087 . . . offense severity level may result from a reclassification of felony degrees under sections 775.0845, 775.087 . . . convicted of committing , or attempting to commit , any felony other than those enumerated in subsection 775.087 . . . convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087 . . . Provisions: Firearm ___ It is further ordered that the 3 year minimum imprisonment provision of section 775.087 . . .

PARKS, v. STATE, 256 So. 3d 969 (Fla. App. Ct. 2018)

. . . the trial court imposed a ten-year mandatory minimum on the armed burglary count pursuant to section 775.087 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 1024 (Fla. 2018)

. . . mandatory sentence for actual possession of a firearm does not apply because this crime is not listed in § 775.087 . . .

RUA- TORBIZCO, v. STATE, 255 So. 3d 462 (Fla. App. Ct. 2018)

. . . Pursuant to section 775.087(2) (the 10-20-Life statute), the jury also found that he actually possessed . . . In Morgan, we held "that section 775.087(2)(d) unambiguously requires that any mandatory minimum term . . . required by section 775.087(2) - whether the defendant fires a gun, or only carries or displays it - . . . .3d 989 (Fla. 2016), also held that "consecutive mandatory minimum sentences are required by section 775.087 . . . The Fourth District certified the following question of great public importance: Does section 775.087 . . .

KEY, v. STATE, 254 So. 3d 1000 (Fla. App. Ct. 2018)

. . . See § 775.087(1)(a), Fla. Stat. (1993). . . .

STATE v. REININGER,, 254 So. 3d 996 (Fla. App. Ct. 2018)

. . . In determining which version of section 775.087 to apply for sentencing, the trial court looked to the . . . See § 775.087(2)(a), Fla. Stat. (2013). . . . . § 775.087(2)(a), Fla. Stat. (2017). . . . Section 775.087, Florida Statutes (2013). . . . See §§ 775.087(6), Fla. Stat. (2014) (eff. June 20-30, 2014), 775.087(6), Fla. Stat. (2014) (eff. . . .

C. SOLOMON, v. STATE, 254 So. 3d 1121 (Fla. App. Ct. 2018)

. . . Additionally, pursuant to section 775.087(2), Florida Statutes (2006), the court imposed a twenty-five-year . . . Section 775.087(2), commonly referred to as the "10-20-Life" statute, provides in pertinent part: (a) . . . See § 775.087(2)(a) 2.-3., Fla. Stat. (2006). . . . Both crimes are among those listed in section 775.087(2)(a) to require the imposition of a minimum mandatory . . . "[T]he imposition of a mandatory minimum sentence under section 775.087(2) is a non-discretionary duty . . .

ROBINSON, v. STATE, 249 So. 3d 791 (Fla. App. Ct. 2018)

. . . . §§ 775.087(1)(b), 782.07(1), Fla. Stat. (2015). § 812.13(2)(b), Fla. Stat. (2015). . . .

EDWARDS, v. STATE, 252 So. 3d 356 (Fla. App. Ct. 2018)

. . . At that hearing, the trial court analyzed section 775.087, Florida Statutes (2017), under which Edwards . . . State, 186 So.3d 989 (Fla. 2016), "[c]onsecutive sentencing is not mandatory under [ section 775.087 . . . believed that consecutive minimum mandatory sentences were required rather than permissible under section 775.087 . . . State, 186 So.3d 989 (Fla. 2016) (holding that section 775.087 permits but does not require consecutive . . .

WALL, v. STATE, 251 So. 3d 1014 (Fla. App. Ct. 2018)

. . . second-degree murder with a deadly weapon is a first-degree felony reclassified as a life felony under sections 775.087 . . .

S. CENDEJAS, v. STATE, 250 So. 3d 851 (Fla. App. Ct. 2018)

. . . also received mandatory minimum terms of ten years and three years on count eight pursuant to sections 775.087 . . . the ten-year mandatory minimum sentence imposed on count eight for his possession of a firearm, see § 775.087 . . .

BILLUPS, v. STATE, 250 So. 3d 706 (Fla. App. Ct. 2018)

. . . (Fla. 2016) , we held that the imposition of consecutive mandatory minimum sentences under section 775.087 . . . The legislature has been crystal clear in stating the intent behind section 775.087 -"that offenders . . . or attempt to use firearms or destructive devices be punished to the fullest extent of the law ." § 775.087 . . . This policy is further underscored by the statement of legislative intent in section 775.087, which was . . . 538-42, Laws of Fla., and the accompanying increase to the mandatory minimum sentence under section 775.087 . . . I do not agree with the majority that section 775.087, Florida Statutes, altered the common law. . . . or attempt to use firearms or destructive devices be punished to the fullest extent of the law," § 775.087 . . . Stat., and stretching those words to now authorize something that neither section 775.087 nor section . . . Fla. 2007) ("The Fourth District further concluded that the legislative intent expressed in section 775.087 . . .

SANTOS, v. STATE, 254 So. 3d 437 (Fla. App. Ct. 2018)

. . . Appellant was convicted of first degree murder with a firearm under sections 775.087 and 782.04, Florida . . .

GRAVES, v. STATE, 248 So. 3d 1238 (Fla. App. Ct. 2018)

. . . If the primary offense is a violation of s. 775.087(2)(a)2. or s. 775.0875(1), or of the Law Enforcement . . . Similarly, see § 775.087, Fla. . . .

BIRCH, v. STATE, 248 So. 3d 1213 (Fla. App. Ct. 2018)

. . . . § 775.087(2)(a)1., Fla. . . . 128 So.3d 87, 87-88 (Fla. 1st DCA 2013) ("In order to enhance a defendant's sentence under section 775.087 . . . on December 11, 2003, contrary to the provisions of Sections 790.23(1)(a) [felon in possession] and 775.087 . . . paragraph stated that Appellant's actions were "contrary to the provisions of Sections 790.23(1)(a) and 775.087 . . . The sentence enhancement created in section 775.087(1) is not itself a substantive offense or an element . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 244 So. 3d 157 (Fla. 2018)

. . . As amended, two special finding forms pertaining to felony reclassification under section 775.087, Florida . . . Special finding forms #6 and #7 below refer to § 775.087, Fla. Stat. . . . Special finding form regarding § 775.087(1), Fla. Stat. . . . Special finding form regarding § 775.087(2), Fla. Stat. . . .

JENNINGS, v. STATE, 247 So. 3d 84 (Fla. App. Ct. 2018)

. . . because the trial court improperly imposed consecutive mandatory minimum sentences pursuant to section 775.087 . . .

DURANT, v. STATE, 247 So. 3d 85 (Fla. App. Ct. 2018)

. . . He was charged under the section 775.087, Florida Statutes (2014) ("10/20/Life Statute"); each count . . .

PLUMMER, v. STATE, 246 So. 3d 506 (Fla. App. Ct. 2018)

. . . The court accepted Appellant's open plea and applied section 775.087(2), Florida Statutes (2010), part . . . In Walton I , we concluded that section 775.087(2) required the imposition of consecutive mandatory minimum . . . its opinion in Williams , where it stated that a consecutive mandatory minimum sentence under section 775.087 . . . See § 775.087(2)(a)(1)(f) & (r), Fla. Stat. (2012). . . .

JAMES, Jr. DOC v. STATE, 244 So. 3d 1142 (Fla. App. Ct. 2018)

. . . James was convicted following a jury trial, and the trial court sentenced him pursuant to section 775.087 . . . Section 775.087 is commonly referred to as the 10-20-Life statute. . . .

SHEAFFERS, v. STATE, 243 So. 3d 518 (Fla. App. Ct. 2018)

. . . We write only to address his argument that the 2016 version of section 775.087(2)(a), Florida Statutes . . . minimum sentence of twenty years when a firearm was discharged during the commission of the felony. § 775.087 . . . Whether section 775.087, Florida Statutes (2016), applies to Appellant's sentences is a question of law . . .

BONNER, v. STATE, 242 So. 3d 501 (Fla. App. Ct. 2018)

. . . robbery with a firearm (Counts 2 through 6), to be imposed consecutively to each other under section 775.087 . . . aggravated battery with a firearm included a mandatory minimum term of ten years, pursuant to section 775.087 . . . failed to include in its oral pronouncement the ten-year mandatory minimum term required by section 775.087 . . . although the trial court was required to impose the mandatory minimum sentence pursuant to section 775.087 . . .

WALLACH, v. STATE, 242 So. 3d 442 (Fla. App. Ct. 2018)

. . . See § 775.087(2)(a)1., Fla. . . . reclassified to a felony of the second degree under the 10-20-Life statute because he used a firearm. § 775.087 . . . See § 775.087(2)(a)1. . . .

WILSON, Jr. v. STATE, 242 So. 3d 484 (Fla. App. Ct. 2018)

. . . See § 775.087(2)(a), Fla. Stat. (2012). . . . See § 775.087(2)(a). . . .

MARSHALL III, v. STATE, 241 So. 3d 969 (Fla. App. Ct. 2018)

. . . See § 775.087(2)(a)1., Fla. . . .

VILLANUEVA, v. STATE, 240 So. 3d 755 (Fla. App. Ct. 2018)

. . . . § 775.087(2)(d), Fla. Stat. (2016) (emphasis added). . . .

OBAS, v. STATE, 238 So. 3d 853 (Fla. App. Ct. 2018)

. . . another scrivener's error in Count I, where the trial court erroneously removed the reference to section 775.087 . . .

HUNTOON, v. STATE, 240 So. 3d 142 (Fla. App. Ct. 2018)

. . . years' imprisonment, which included a three-year mandatory minimum sentence as provided by section 775.087 . . . six-year offer because it did not include the three-year mandatory minimum sentence required by section 775.087 . . .

BYRD, v. STATE, 238 So. 3d 917 (Fla. App. Ct. 2018)

. . . . §§ 775.082(3)(b), 777.04(4)(c), 782.04(2), 775.087(1), Fla. Stat. (2011). . . . was sentenced to life in prison with a twenty-five year mandatory minimum term pursuant to section 775.087 . . . The trial court had the discretion, pursuant to section 775.087(2)(a) 3, to impose a mandatory minimum . . . Here, Appellant's life sentence was not imposed pursuant to section 775.087(2), and there does not appear . . .

UNITED STATES v. DESHAZIOR,, 882 F.3d 1352 (11th Cir. 2018)

. . . . §§ 787.01, 775.087 (1991) ); and (v) a 2005 conviction for resisting an officer with violence ( Fla . . .

CHENEY, v. STATE, 236 So. 3d 500 (Fla. App. Ct. 2018)

. . . . § 775.087(2)(a)2., Fla. Stat. (2016). Nelson v. State , 274 So.2d 256 (Fla. 4th DCA 1973). . . .

TORRES, v. STATE, 236 So. 3d 499 (Fla. App. Ct. 2018)

. . . Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence . . .

PAYTON, v. STATE, 239 So. 3d 129 (Fla. App. Ct. 2018)

. . . addition, the trial court did not apply any firearm-related sentencing enhancement pursuant to section 775.087 . . .

LEE, v. STATE, 234 So. 3d 562 (Fla. 2018)

. . . Because section 775.087, Florida Statutes (2000), applied, the trial court classified the offense as . . . Section 775.087 is known colloquially as the 10-20-Life statute. . . . . updated presentence investigation report (PSI); (3) that a minimum mandatory sentence under section 775.087 . . .

COOPER, v. STATE, 235 So. 3d 1034 (Fla. Dist. Ct. App. 2018)

. . . court, sentenced Cooper to a minimum mandatory term of 20 years with the, DOC pursuant to section ■775.087 . . .

W. DAVIS, v. STATE, 237 So. 3d 416 (Fla. App. Ct. 2018)

. . . sentence, he concedes that he was properly sentenced to twenty years in prison pursuant to section 775.087 . . . See 775.087(2)(a)2., Fla. . . .

ROBINSON, v. STATE, 237 So. 3d 1105 (Fla. App. Ct. 2017)

. . . See § 775.087(2), Fla. Stat. (2015) ; Young v. . . . 543 (Fla. 2d DCA 2012) ("[I]n order for a court to enhance a defendant's sentence based on section 775.087 . . .

RHAGNANAN, v. STATE, 232 So. 3d 524 (Fla. Dist. Ct. App. 2017)

. . . . § 775.087(2)(a)3, Our present record is not sufficiently developed to determine whether Rhagnanan is . . .

WILLIAMS, v. STATE, 232 So. 3d 933 (Fla. 2017)

. . . In Mendenhall, we concluded that a very similar mandatory “25 to life” provision in section 775.087, . . . In nearly identical fashion, section 775.087(2)(c) of the 10-20-Life statute provides: If the minimum . . . Namely, we noted that section 775.087(2)(a)3., which set forth the mandatory minimum for the crime at . . . Id. at 748 (quoting § 775.087(2)(a)3„ Fla. Stat. (2004)). . . . And this Court expressly “conclude^] that 'the trial court has discretion under section 775.087(2)(a) . . . a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment.” with § 775.087 . . .

L. RIVERA, v. STATE, 235 So. 3d 983 (Fla. Dist. Ct. App. 2017)

. . . Rivera was charged in an amended information pursuant to sections 782.04(1), 777.04, 775.087, 775.0823 . . . Under section 775.087(2)(a)(3), if the jury finds beyond a reasonable doubt that the defendant committed . . . unnecessary because the trial court- imposed a life sentence under both section 782.065 and section 775.087 . . . However, the sentencing transcript does not reflect that the trial court knew that under section 775.087 . . .

JORDAN, v. STATE, 237 So. 3d 1070 (Fla. App. Ct. 2017)

. . . Subsequent to Christian, the Florida Legislature amended section 775.087, Florida Statutes, to add new . . . subsection consecutively to any other term of imprisonment imposed for any other felony offense. § 775.087 . . .

NEWBHARD, v. STATE, 237 So. 3d 1075 (Fla. App. Ct. 2017)

. . . used, threatened, or attempted to use a weapon, to wit: A FIREARM in violation of s. 782.051(1) and s. 775.087 . . .

BURKS, v. STATE, 237 So. 3d 1060 (Fla. App. Ct. 2017)

. . . a nondiscretionary duty to sentence Burks to a mandatory minimum term of imprisonment under section 775.087 . . . With regard to its unwillingness to impose a mandatory minimum sentence under section 775.087(2)(a)(3 . . . Burks is correct that the trial court was required to sentence him under section 775.087(2)(a)(3), the . . . Section 775.087(2)(d), Fla. . . . McDonald, 957 So.2d at 609 (emphasis in original) (quoting § 775.087(2)(c), Fla. Stat. (2000) ). . . .

PINKNEY, v. SECRETARY, DOC,, 876 F.3d 1290 (11th Cir. 2017)

. . . Pinkney with four crimes: manslaughter with a firearm, in violation of Florida Statutes §§ 782.07(1), 775.087 . . . ; aggravated assault with a firearm, in violation of Florida Statutes §§ 784.021, 775.087; first degree . . . with assault or battery while armed with a deadly weapon, in violation of Florida Statutes §§ 810.02, 775.087 . . . ; and possession of a firearm by a convicted felon, in violation of Florida Statutes §§ 790.23, 775.087 . . .

MORGAN, v. STATE, 233 So. 3d 1194 (Fla. Dist. Ct. App. 2017)

. . . trial court imposed a ten-year mandatory minimum sentence pursuant to the 10-20-Life statute, (section 775.087 . . .

MONTGOMERY, v. STATE, 230 So. 3d 1256 (Fla. Dist. Ct. App. 2017)

. . . All sentences were imposed pursuant to the 2012 version of the 10-20-Life statute, section 775.087(2) . . . Montgomery also asked the court to vacate the mandatory minimum sentences imposed under section 775.087 . . . the 2014 juvenile sentencing statutes supersede the mandatory minimum sentences required by section 775.087 . . . Section 775.087(2)(a)3,, relevant here, provides for a twenty-five-year mandatory minimum: , Any person . . . statute, the trial court must impose a mandatory minimum sentence of twenty-five years under section 775.087 . . . would affirm Appellant’s sentence, and would not reach the interplay between sections 921.1402 and 775.087 . . . of the majority’s reasoning, I agree with the majority’s ultimate reading of sections 921.1402 and 775.087 . . .

L. BROWN, Jr. v. STATE, 235 So. 3d 971 (Fla. Dist. Ct. App. 2017)

. . . See § 775.087(2)(a)(3), Fla. Stat. (2013). . . . , Florida Statutes (2013), of an offense that was reclassified as a life felony pursuant to section 775.087 . . .

WALTERS, v. STATE, 229 So. 3d 444 (Fla. Dist. Ct. App. 2017)

. . . The offense is not subject to reclassification pursuant to section 775.087(1) because a firearm is an . . .

HURD, v. STATE, 229 So. 3d 876 (Fla. Dist. Ct. App. 2017)

. . . court held, as a matter of law,- that an automobile is not a weapon as that term is used in section 775.087 . . . In that case, the trial court-reclassified a manslaughter conviction, pursuant to section 775.087(1), . . . The trial court reclassified the offense to a first-degree felony pursuant to section 775.087(1) based . . . On appeal, this court reversed, holding that pavement is not a weapon pursuant to section 775.087(1), . . . carries, displays, uses, threatens to use, or attempts to use any weapon or firearm.” § 775.087(1), . . .

HELTON, v. STATE, 227 So. 3d 228 (Fla. Dist. Ct. App. 2017)

. . . battery was improperly reclassified from a second-degree felony to a first-degree felony under section 775.087 . . . conviction for aggravated battery under both statutory theories cannot be reclassified pursuant to section 775.087 . . .

SHEPARD, v. STATE, 227 So. 3d 746 (Fla. Dist. Ct. App. 2017)

. . . certifying conflict with the Second District Court of Appeal’s definition of a “weapon” as to section 775.087 . . . The reclassification statute, section 775.087(1), Florida Statutes, enhances the degree of a felony to . . . Recently, the Second District Court of Appeal concluded that an automobile was not a weapon under section 775.087 . . . Our sister court agreed and held that an automobile is not a weapon under section 775.087(1). . . . at issue in Burris, which enhances a robbery conviction when a deadly weapon is “carried,” section 775.087 . . .

MCKINNEY, v. STATE, 229 So. 3d 414 (Fla. Dist. Ct. App. 2017)

. . . manslaughter with a firearm was subject to reclassification as a first-degree felony under section 775.087 . . . prohibition against applying a habitual offender enhancement to a felony already reclassified under section 775.087 . . .

CLARK, DOC v. STATE, 230 So. 3d 499 (Fla. Dist. Ct. App. 2017)

. . . Clark also alleges that “section 775.087(1) does not permit vicarious enhancement.” Second; Mr. . . . attempted first degree murder with a firearm” was sufficient to support reclassification under section 775.087 . . . Rodriguez, 602 So.2d 1270, 1271 (Fla. 1992) (“[S]ection 775.087(1) does not, by its terms, allow for . . .

ARMSTEAD, v. STATE, 224 So. 3d 925 (Fla. Dist. Ct. App. 2017)

. . . 1st DCA 2013) (Walton I), where this court held that “any mandatory minimum term required by section 775.087 . . . sentences imposed for two “qualifying felonies” pursuant to thé 10-20-Life statute as codified in section 775.087 . . . State charged appellant pursuant to the 10-20-Life statute only on the home invasion robbery count. § 775.087 . . .

COLE, v. STATE, 225 So. 3d 938 (Fla. Dist. Ct. App. 2017)

. . . See §’ 775.087(l)(a), Fla. Stat.'(1989). . . .

JACKSON, v. STATE, 224 So. 3d 850 (Fla. Dist. Ct. App. 2017)

. . . 1st DCA 2013) (Walton I), where this court held that “any mandatory minimum term required by section 775.087 . . .

R. MILLER, v. STATE, 224 So. 3d 851 (Fla. Dist. Ct. App. 2017)

. . . 1st DCA 2013) (Walton I), where this court held that “any mandatory minimum term required by section 775.087 . . .

SWAIN, v. STATE, 226 So. 3d 1002 (Fla. Dist. Ct. App. 2017)

. . . sentenced to a three-year mandatory minimum sentence under the sentencing enhancement provided in section 775.087 . . . order to sentences defendant to a mandatory minimum sentence under the enhancement provision in section 775.087 . . . must be re-sentenced in Count 2 without application of the sentencing enhancement provision in section 775.087 . . .

WRIGHT, v. STATE, 225 So. 3d 914 (Fla. Dist. Ct. App. 2017)

. . . Section 775.087(6), Florida Statutes (2014), was enacted effective July 1, 2014. . . . Prior to the enactment of section 775.087(6), no exception was provided and trial courts were required . . . See § 775.087, Fla. Stat. (2016). . . .

COLLINS, v. STATE, 228 So. 3d 1160 (Fla. Dist. Ct. App. 2017)

. . . See §§ 775.087(1)(b), 777.04(4)(c), 782.04(2), Fla. Stat. (2007). . . . on probation, with a 25-year minimum mandatory imposed pursuant to the 10-20-Life statute, section 775.087 . . . Here, the appellant’s 50-year total sentence was not imposed pursuant to section 775.087(2), and there . . .

JONES, v. STATE, 225 So. 3d 290 (Fla. Dist. Ct. App. 2017)

. . . Due to his use of a gun, the court sentenced the defendant to concurrent life sentences under section 775.087 . . .

BRADLEY, v. STATE, 223 So. 3d 421 (Fla. Dist. Ct. App. 2017)

. . . 205 So.3d 883 (Fla. 5th DCA 2016) (holding that concurrent sentences must be imposed under section 775.087 . . .

T. OLIVER, v. STATE, 220 So. 3d 1289 (Fla. Dist. Ct. App. 2017)

. . . State, 106 So.3d 522 (Fla. 1st DCA 2013) (Walton I), which held that mandatory mínimums under section 775.087 . . . See also Walton II, 208 So.3d at 64; § 775.087(2)(d), Fla. Stat. . . . with the sentence for count 1, both counts imposing mandatory minimum sentences pursuant to section 775.087 . . .

STATE v. JOY, III,, 221 So. 3d 1281 (Fla. Dist. Ct. App. 2017)

. . . but did not “actually possess” a firearm during the commission of the offense, pursuant to section 775.087 . . . Section 775.087(1) allows for reclassification of an offense if the defendant carries any weapon or firearm . . . Section 775.087(2)(a)l. further “enhances the sentence of a defendant who ‘actually possessed’ a firearm . . . ready access to it and the defendant had the intent to use it during the commission of the crime. § 775.087 . . . Because “possession” is defined differently in the jury instructions for violations of sections 775.087 . . .

THORNES, v. STATE, 223 So. 3d 411 (Fla. Dist. Ct. App. 2017)

. . . 205 So.3d 883 (Fla. 5th DCA 2016) (holding that concurrent sentences must be imposed under section 775.087 . . .