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Florida Penalty Chart

Here is most of the text of the Florida criminal penalty statute:

(1) A person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by the court that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.

(2) In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided in subsection (1). No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.

(3) A person who has been convicted of any other designated felony may be punished as follows:

(a)4.a. Except as provided in sub-subparagraph b., for a life felony committed on or after September 1, 2005, which is a violation of s. 800.04(5)(b), by:  

1. A term of imprisonment for life; or

2. A split sentence that is a term of not less than 25 years' imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person's natural life, as provided in s. 948.012(4).

b. For a life felony committed on or after July 1, 2008, which is a person's second or subsequent violation of s. 800.04(5)(b), by a term of imprisonment for life.

(b) For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.

(c) For a felony of the second degree, by a term of imprisonment not exceeding 15 years.

(d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

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The following penalty chart and penalty enhancement chart provides a very generic explanation of criminal penalties in Florida. As each case is unique, there are likely additional factors that would affect the possible sentence in a specific person's case.

 

PENALTIES

Offense DesignationMaximum Incarceration 

Life Felony

1st Degree Felony

 Life  

30 years in prison

2nd Degree Felony15 years in prison
3rd Degree Felony5 years in prison
1st Degree Misdemeanor1 year in jail
2nd Degree Misdemeanor60 days in jail

PENALTY ENHANCEMENTS

HFO:

Habitual Felony Offender. the judge may impose a sentence twice the amount allowed by law.

HVFO:

Habitual Violent Felony Offender.

VCC:

PRR:

Violent Career Criminal

Prison Releasee Reoffender. maximum sentence allowed by law, day for day (no allowance for gain or good time).