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Florida Statute 794.0115 | Lawyer Caselaw & Research
F.S. 794.0115 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 794.0115

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
F.S. 794.0115
794.0115 Dangerous sexual felony offender; mandatory sentencing.
(1) This section may be cited as the “Dangerous Sexual Felony Offender Act.”
(2) Any person who is convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s. 847.0145; or of any similar offense under a former designation, which offense the person committed when he or she was 18 years of age or older, and the person:
(a) Caused serious personal injury to the victim as a result of the commission of the offense;
(b) Used or threatened to use a deadly weapon during the commission of the offense;
(c) Victimized more than one person during the course of the criminal episode applicable to the offense;
(d) 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; or
(e) Has previously been convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s. 847.0145; of any offense under a former statutory designation which is similar in elements to 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,

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. If the offense described in this subsection was committed on or after October 1, 2014, a person who qualifies as a dangerous sexual felony offender pursuant to this subsection must be sentenced to a mandatory minimum term of 50 years imprisonment up to, and including, life imprisonment.

(3) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.
(4) The 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)(e).
(5) It is irrelevant that a factor listed in subsection (2) is an element of an offense described in that subsection. It is also irrelevant that such an offense was reclassified to a higher felony degree under s. 794.023 or any other law.
(6) 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. If the mandatory 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. 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.
(7) A defendant sentenced to a mandatory minimum term of imprisonment under this section 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, before serving the minimum sentence.
History.s. 7, ch. 99-188; s. 1, ch. 2002-211; s. 1, ch. 2003-115; s. 3, ch. 2006-299; s. 4, ch. 2014-4.

F.S. 794.0115 on Google Scholar

F.S. 794.0115 on Casetext

Amendments to 794.0115


Arrestable Offenses / Crimes under Fla. Stat. 794.0115
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 794.0115.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CASIANO, v. STATE, 232 So. 3d 526 (Fla. Dist. Ct. App. 2017)

. . . . §§ 794.011(3), 775.082(3)(a)3., 794.0115(2)(b), Fla. Stat. (2013). . . .

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

. . . In this case we examine section 794.0115, Florida Statutes (2009) — also known as Florida’s “Dangerous . . . Section 794.0115(2) sets forth the enumerated crimes covered by the DSFO Act and contains the mandatory . . . Under section 794.0115(2), an offender convicted of one of the referenced crimes and meeting certain . . . Section 794.0115(6) addresses the DSFO Act’s mandatory minimum sentencing provision. as it relates to . . . Id. at 289 (quoting § 794.0115(2), Fla. Stat. (2009)). . . . Compare § 794.0115(2), Fla. . . . Section 794.0115(6), Florida Statutes, provides that a term of imprisonment imposed under this section . . . Accordingly under the majority’s reasoning, the language of section 794.0115(6), which provides for an . . .

J. ACEVEDO, v. STATE, 218 So. 3d 878 (Fla. 2017)

. . . The trial court declared him to be a dangerous sexual felony offender (DSFO), pursuant to section 794.0115 . . . DISCUSSION The issue before this Court is whether, under the Dangerous Sexual Felony Offender Act, section 794.0115 . . . to section 800.04(4)—(5), Florida Statutes, for the purposes of DSFO designation pursuant to section 794.0115 . . . (citing § 794.0115(2)(e), Fla. Stat.; Abrams v. State, 971 So.2d 1033, 1037 (Fla. 4th DCA 2008)). . . . test for determining when a prior statute is similar in elements to an offense identified in section 794.0115 . . . which is similar in elements” for the purposes of the Dangerous Sexual Felony Offender Act, section 794.0115 . . . sentenced to a mandatory minimum term of 25 years imprisonment up: to, and including, life imprisonment. § 794.0115 . . . See § 794.0115(2)(e), Fla. Stat. (2005). . . .

UNITED STATES v. RAMIREZ,, 677 F. App'x 575 (11th Cir. 2017)

. . . a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .

BAXTER, v. STATE, 206 So.3d 150 (Fla. Dist. Ct. App. 2016)

. . . Because the plain language of section 794.0115(2), Florida Statutes (2012), allows the trial court to . . . court could only impose a sentence with a mandatory minimum term of twenty-five years under séction 794.0115 . . . There, the Fifth District held that section 794.0115(6) requires the trial court to sentence a DSFO to . . . We disagree with the Fifth District’s interpretation of section 794.0115. . . . Section 794.0115(6) further states that “[i]f the mandatory minimum term of imprisonment imposed under . . .

M. CLARK, v. STATE, 197 So. 3d 1290 (Fla. Dist. Ct. App. 2016)

. . . This finding was expressed in a special verdict form related to whether appellant violated section 794.0115 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS A A, 190 So. 3d 1055 (Fla. 2016)

. . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . . the State charged that the defendant qualified as a Dangerous Sexual Felony Offender, pursuant to § 794.0115 . . .

WILLIAMS, v. STATE, 189 So. 3d 288 (Fla. Dist. Ct. App. 2016)

. . . 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 . . . Section 794.0115(6) mandates that if the minimum mandatory term of section 794.0115 exceeds the statutory . . . Thus., a minimum mandatory life sentence is authorized by section 794.0115 regardless of the statutory . . . This Court’s reasoning in Flowers applies to section 794.0115 as well. . . .

BRITTEN, v. STATE, 181 So. 3d 1215 (Fla. Dist. Ct. App. 2015)

. . . 794.011(3), Florida Statutes (2013), and was designated a dangerous, sexual felony offender under section 794.0115 . . . See § 794.0115(2), Fla. Stat.. . . . remanding with directions to resentence the defendant as a. dangerous sexual felony offender under section 794.0115 . . . requires a finding,. that the defendant actually “caused” serious personal injury to the victim, see § 794.0115 . . . See § 794.0115(3), Fla. Stat. . . .

J. ACEVEDO, v. STATE, 174 So. 3d 437 (Fla. Dist. Ct. App. 2015)

. . . the trial court erred in imposing a mandatory minimum twenty-five-year sentence pursuant to section 794.0115 . . . The court declared him to be a dangerous sexual felony offender (“DSFO”), pursuant to section 794.0115 . . . former statutory designation which is similar in elements to an offense described in this paragraph.” § 794.0115 . . .

J. CONNOLLY, Jr. v. STATE, 172 So. 3d 893 (Fla. Dist. Ct. App. 2015)

. . . battery on a law enforcement officer and possessed a firearm "during the commission of the offense”); § 794.0115 . . .

WILKERSON, v. STATE, 143 So. 3d 462 (Fla. Dist. Ct. App. 2014)

. . . Following his conviction, Wilkerson was classified a dangerous sexual felony offender pursuant to section 794.0115 . . . The purpose of section 794.0115 is to provide enhanced sentences for repeat sex offenders such as Wilkerson . . . Section 794.0115(2)(e) requires that an individual found to be a dangerous sexual felony offender “be . . . Section 794.0115(6) further provides: (6) Notwithstanding s. 775.082(3), chapter 958, any other law, . . . Section 794.0115(2)(e) was recently amended to require a fifty-year minimum mandatory, but that amendment . . .

ROCHESTER, v. STATE, 140 So. 3d 973 (Fla. 2014)

. . . Stat. (2008); 794.0115(7), Fla. . . .

DUDLEY, III, v. STATE, 139 So. 3d 273 (Fla. 2014)

. . . commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . . commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .

CASICA, v. STATE, 138 So. 3d 1093 (Fla. Dist. Ct. App. 2014)

. . . The trial court did not err because Casica was properly designated under section 794.0115(2)(b) in that . . .

MARRERO, v. STATE, 135 So. 3d 374 (Fla. Dist. Ct. App. 2014)

. . . See § 794.0115, Fla. Stat. (2009). . . .

FELDER, v. STATE, 116 So. 3d 605 (Fla. Dist. Ct. App. 2013)

. . . convicted of attempted sexual battery in 1999, thereby qualifying him for sentencing under section 794.0115 . . . his position that his attempted sexual battery conviction was not a qualifying offense under section 794.0115 . . . Felder argued that section 794.0115, amended in 2003, excluded prior convictions for attempted sexual . . . In the 2003 legislative session, section 794.0115 was substantially amended and retitled “Dangerous Sexual . . . Additionally, the 2003 revisions to section 794.0115 suggest a legislative intent not to include “attempts . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION A, 116 So. 3d 1223 (Fla. 2013)

. . . Section 794.0115 sets forth the requirements for establishing that an individual is a “dangerous sexual . . . felony offender.” § 794.0115, Fla. . . . See § 794.0115(4), Fla. Stat. (2012). . . . APPENDIX 11.16(a) DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. . . . Having found (defendant) guilty of (felony, as identified by section 794.0115(2), Fla. . . .

TAMBRIZ- RAMIREZ, v. STATE, 112 So. 3d 767 (Fla. Dist. Ct. App. 2013)

. . . Tambriz-Ramirez under the enhanced mandatory sentencing guidelines set forth in section 794.0115, Florida . . . sentencing under the Act because he was not convicted of one of the qualifying crimes enumerated in section 794.0115 . . .

HENRY, v. STATE, 123 So. 3d 1167 (Fla. Dist. Ct. App. 2013)

. . . commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, ors. 794.0115 . . .

DURANT, v. STATE, 94 So. 3d 669 (Fla. Dist. Ct. App. 2012)

. . . Section 794.0115, Florida Statutes, requires mandatory sentencing when a defendant qualifies as a DSFO . . . Therefore, he would qualify as a DSFO under section 794.0115(2) if he met the other requirements of the . . . , has similar elements to sections 800.04(4) and (5), Florida Statutes, which are listed in section 794.0115 . . . It, therefore, contends Durant would qualify as a DSFO under section 794.0115(2)(e). We disagree. . . . See 794.0115(2)(e), Fla. Stat.; Abrams v. . . .

WILLIAMS, v. STATE, 83 So. 3d 1001 (Fla. Dist. Ct. App. 2012)

. . . probationer satisfied the requirement for an enhanced sentence as a dangerous sexual offender under section 794.0115 . . .

ESPINOZA- MONTES, v. STATE, 113 So. 3d 847 (Fla. Dist. Ct. App. 2011)

. . . deadly weapon, which was necessary to permit the imposition of an enhanced sentence pursuant to section 794.0115 . . . Section 794.0115, the Dangerous Sexual Felony Offender Act (the Act), provides for enhanced sentencing . . . the defendant “[ujsed or threatened to use a deadly weapon during the commission of the offense.” § 794.0115 . . . Enhanced sentencing is required under section 794.0115(2)(a) if the defendant "[claused serious personal . . . issue of whether an attempt qualifies under the Act, however, because he did not qualify under section 794.0115 . . .

FLEMING, v. STATE, 75 So. 3d 397 (Fla. Dist. Ct. App. 2011)

. . . mandatory minimum sentence under two separate and distinct statutes addressing different evils: section 794.0115 . . . Section 794.0115(2)(b) provides: (2) Any person who is convicted of a violation of [a sexual battery . . . Accordingly, section 794.0115(6) requires a qualified defendant to be subject to sentencing under that . . . trial court imposed a twenty-five year mandatory minimum term for armed sexual battery under section 794.0115 . . . Still, in this case, section 794.0115(2), Florida Statutes (2008), would have applied even if Fleming . . .

CAYLOR, v. STATE, 78 So. 3d 482 (Fla. 2011)

. . . personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .

WRIGHT, v. STATE, 65 So. 3d 1092 (Fla. Dist. Ct. App. 2011)

. . . As to one of the sexual battery counts, the State charged Wright pursuant to section 794.0115, Florida . . . and the court sentenced him to the mandatory minimum term of twenty-five years pursuant to section 794.0115 . . . Reading this specific definition in the context of § 794.0115(2)(c) clearly encompasses Wright’s offense . . . Section 794.0115 provides (2) Any person who is convicted of a violation of s. 787.025(2)(c); s. 794.011 . . .

WISE, v. STATE, 48 So. 3d 203 (Fla. Dist. Ct. App. 2010)

. . . personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .

PRICE, v. STATE, 43 So. 3d 854 (Fla. Dist. Ct. App. 2010)

. . . Stat. s. 794.0115, the Dangerous Sexual Felony Offender Act); and Freeland v. . . .

MONTGOMERY, v. STATE, 36 So. 3d 188 (Fla. Dist. Ct. App. 2010)

. . . Stat. (2008); 794.0115(7), Fla. . . .

CAMPBELL, v. STATE, 29 So. 3d 1147 (Fla. Dist. Ct. App. 2010)

. . . twelve years of age or older, in violation of sections 784.03(2), 775.087, 794.011(3) and (4)(b), and 794.0115 . . .

ALVARADO, v. STATE, 9 So. 3d 1273 (Fla. Dist. Ct. App. 2009)

. . . habitual violent felony offender and dangerous sexual felony offender sanctions, pursuant to section 794.0115 . . . 775.084, Florida Statutes (2005), and dangerous sexual felony offender (DSFO) sanctions, pursuant to § 794.0115 . . .

N. PRICE, v. STATE, 995 So. 2d 401 (Fla. 2008)

. . . commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .

T. BRUCE, v. STATE, 988 So. 2d 715 (Fla. Dist. Ct. App. 2008)

. . . sought to have appellant sentenced as a dangerous sexual felony offender (“DSFO”) pursuant to section 794.0115 . . . The appellant objected, asserting that section 794.0115 was meant to punish repeat sexual offenders and . . . Section 794.0115, Florida Statutes (2006), defines a dangerous sexual felony offender. . . . A prior conviction was necessary under the older version section 794.0115. . . . See 794.0115, Fla. Stat. (2002). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 980 So. 2d 1054 (Fla. 2008)

. . . See § 794.0115(2)(a)-(c), Fla. Stat. (2007). . . . (2)(d), or the offender was previously convicted of a qualifying offense. § 794.0115(2)(e). . . . APPENDIX 11.16 DANGEROUS SEXUAL FELONY OFFENDER § 794.0115, Fla. Stat. . . . If you find (defendant) guilty of (felony, as identified by section 794.0115(2), Fla. . . . Having found (defendant) guilty of (felony, as identified by section 794.0115(2), Fla. . . .

STATE v. MASON,, 979 So. 2d 301 (Fla. Dist. Ct. App. 2008)

. . . impose the minimum mandatory sentence set forth in the Dangerous Sexual Felony Offender Act, section 794.0115 . . .

ABRAMS, v. STATE, 971 So. 2d 1033 (Fla. Dist. Ct. App. 2008)

. . . sentences imposed upon him pursuant to the Dangerous Sexual Felony Offender Act (“DSFO Act”), section 794.0115 . . . court classify Abrams as a dangerous sexual felony offender (“DSFO”) pursuant to the DSFO Act, section 794.0115 . . . the sentence imposed must include the mandatory minimum term of imprisonment under this section. § 794.0115 . . . 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. . . .

WILLIAMS, v. STATE, 957 So. 2d 595 (Fla. 2007)

. . . personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 953 So. 2d 495 (Fla. 2007)

. . . The proposal derives from the rewording of section 794.0115, Florida Statutes, in chapter 2003-115, Laws . . . dangerous sexual felony offender if he or she is convicted of committing certain enumerated offenses, see § 794.0115 . . . We are concerned with the proposal in respect to the alternative circumstance under section 794.0115( . . . Unlike section 794.0115(4), Florida Statutes, the proposed instruction does not include qualifying language . . . Section 794.0115(4) provides that “[t]he offense described in subsection (2) which is being charged must . . .

MASTAY, v. R. McDONOUGH,, 928 So. 2d 512 (Fla. Dist. Ct. App. 2006)

. . . Stat. (1996-2005); § 794.0115(7), Fla. Stat. (2003-2005). . . .

PERRITTE, v. STATE, 912 So. 2d 332 (Fla. Dist. Ct. App. 2005)

. . . years of age commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 . . .

FRANKLIN, v. STATE, 887 So. 2d 1063 (Fla. 2004)

. . . Section 7: creates section 794.0115, which defines “repeat sexual batterer,” provides procedures for . . . Section 8: amends section 794.011, wherein the crime “sexual battery” is defined, to refer to new section 794.0115 . . . weapon by a violent career criminal; conforming cross references to changes made by the act; creating s. 794.0115 . . .

TAYLOR, v. STATE, 818 So. 2d 544 (Fla. Dist. Ct. App. 2002)

. . . Section 7 creates the new offense of repeat sexual batterer, section 794.0115, Florida Statutes (1999 . . .