Home / United States / Florida
Florida State law
State law — Florida
Offences by family
Against the person
Assault (aggravated) Verified against official source
This range was checked against the official legal text.
Statutory range
Aggravated assault — with a deadly weapon without intent to kill, or with intent to commit a felony
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 784.021(2)).
Aggravated battery (§ 784.045: battery causing great bodily harm / permanent disability / disfigurement, battery with a deadly weapon, or battery on a person the offender knew was pregnant) is a separate, second-degree felony (up to 15 years, fine up to $10,000).
Assault (simple) Verified against official source
This range was checked against the official legal text.
Statutory range
Simple assault — base
- Imprisonment
- 0–60 days
- Fine
- $0–$500
Misdemeanour of the second degree (§ 784.011(2)).
Assault in furtherance of a riot or aggravated riot
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree (§ 784.011(3)).
Florida treats assault (§ 784.011: intentional, unlawful threat by word or act to do violence, with apparent ability and an act creating well-founded fear of imminent violence) and battery (§ 784.03: actual intentional touching/striking against the will of another, or intentionally causing bodily harm) as separate offences. Battery is a first-degree misdemeanour (up to 1 year, fine up to $1,000); a second or subsequent battery with a prior battery / aggravated battery / felony battery / resisting-an-officer-with-violence conviction is a third-degree felony (§ 784.03(2)).
Domestic violence Verified against official source
This range was checked against the official legal text.
Statutory range
Assault on a family / household member — § 784.011
- Imprisonment
- 0–60 days
- Fine
- $0–$500
Misdemeanour of the second degree.
Battery on a family / household member — § 784.03(1)
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree.
Second / subsequent battery with a prior battery / aggravated battery / felony battery / resisting-an-officer-with-violence conviction — § 784.03(2)
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree.
Domestic battery by strangulation — § 784.041(2) (impeding breathing / circulation of a family/household member or dating partner)
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree.
Felony battery causing great bodily harm / permanent disability / disfigurement — § 784.041(1)
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree.
Aggravated assault on a family / household member — § 784.021
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree.
Aggravated battery on a family / household member — § 784.045
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree.
'Family or household member' means spouses, former spouses, persons related by blood or marriage, persons presently or previously residing together as if a family, and persons who are parents of a child in common (§ 741.28(3)). Domestic battery by strangulation (§ 784.041(2)) also covers a person in a dating relationship. Stalking / aggravated stalking (§ 784.048) and sexual battery (§ 794.011) have their own tiers and are covered under the assault / sexual-assault entries where applicable.
Homicide — manslaughter Verified against official source
This range was checked against the official legal text.
Statutory range
Manslaughter — base
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 782.07(1)).
Aggravated manslaughter of an elderly person or disabled adult
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 782.07(2)).
Aggravated manslaughter of a child (under 18)
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 782.07(3)).
Aggravated manslaughter of an officer, firefighter, EMT, or paramedic on duty
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 782.07(4)).
Manslaughter is the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification, where the killing is not excusable homicide or murder. DUI manslaughter (§ 316.193(3)) is a separate second-degree felony (first-degree felony if the driver fled / failed to render aid, or has a prior DUI-manslaughter conviction) with a 4-year mandatory minimum term.
Homicide — murder Verified against official source
This range was checked against the official legal text.
Statutory range
1st degree — premeditated killing; felony murder in enumerated felonies; death caused by unlawful distribution of listed drugs
- Imprisonment
- Death or life imprisonment without parole
- Fine
- No fine stated (capital felony excluded from § 775.083(1))
Capital felony (§ 782.04(1)), punishable as provided in § 775.082; sentence determined under § 921.141.
2nd degree — depraved-mind killing; killing by a person other than the felon during an enumerated felony
- Imprisonment
- 0–life (term of years not exceeding life imprisonment)
- Fine
- $0–$10,000
Felony of the first degree (§ 782.04(2)-(3)).
3rd degree — killing without design to effect death during a non-enumerated felony (incl. fentanyl distribution by a person under 18)
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 782.04(4)-(5)).
Florida is a death-penalty state. First-degree murder is a capital felony. Death may be imposed only after the § 921.141 separate sentencing proceeding: the jury must unanimously find at least one aggravating factor in § 921.141(6) beyond a reasonable doubt, and at least eight jurors must recommend death; otherwise the sentence is life imprisonment without parole. Aggravators include prior violent felony, knowing creation of great risk of death to many persons, murder during robbery / sexual battery / burglary / kidnapping / arson / aircraft piracy / destructive device, murder for pecuniary gain, murder to avoid arrest / effect escape, heinous/atrocious/cruel murder, cold-calculated-premeditated homicide, and victim-status factors (law enforcement officer, public official, child under 12, vulnerable victim, gang member, sexual predator, injunction-protected petitioner, school/religious/government gathering, head of state). Offenders under 18 at the time of the offence are sentenced under § 775.082(1)(b) (life, or at least 40 years).
Sexual offences
Sexual assault / rape Verified against official source
This range was checked against the official legal text.
Statutory range
Offender 18+ — victim under 12
- Imprisonment
- Death or life imprisonment
- Fine
- No fine stated (capital felony excluded from § 775.083(1))
Capital felony, sentenced under §§ 775.082 and 921.1425 (§ 794.011(2)(a)).
Offender under 18 — victim under 12
- Imprisonment
- Life imprisonment or term of years not exceeding life
- Fine
- $0–$15,000
Life felony (§ 794.011(2)(b)).
Victim 12+ — deadly weapon used / threatened, or actual physical force likely to cause serious personal injury
- Imprisonment
- Life imprisonment or term of years not exceeding life
- Fine
- $0–$15,000
Life felony (§ 794.011(3)).
Offender 18+ — victim 12–17, under (4)(e) circumstances (helpless, coercion, retaliation threat, drugging, mental defect, physical incapacity, authority figure)
- Imprisonment
- 0–life (term of years not exceeding life imprisonment)
- Fine
- $0–$10,000
Felony of the first degree, punishable by a term of years not exceeding life (§ 794.011(4)(a)).
Offender 18+ — victim 18+, under (4)(e) circumstances
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 794.011(4)(b)).
Offender 18+ — victim 12–17, no force / violence likely to cause serious personal injury
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 794.011(5)(a)).
Offender 18+ — victim 18+, no force / violence likely to cause serious personal injury
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 794.011(5)(b)).
Familial / custodial authority figure solicits a minor under 18 to engage in sexual battery
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 794.011(8)(a)).
Familial / custodial authority figure commits sexual battery on a minor 12–17
- Imprisonment
- 0–life (term of years not exceeding life imprisonment)
- Fine
- $0–$10,000
Felony of the first degree, punishable by a term of years not exceeding life (§ 794.011(8)(b)).
Sexual battery means oral, anal, or female genital penetration by, or union with, the sexual organ of another, or anal / female genital penetration by any other object (excluding bona fide medical acts). Capital sexual battery on a child under 12 is sentenced under § 921.1425 (death or life). § 794.0115 adds mandatory minimums for repeat sexual battery in some cases.
Property
Burglary Verified against official source
This range was checked against the official legal text.
Statutory range
3rd degree — unoccupied structure or conveyance; no assault/battery, not armed
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 810.02(4)).
2nd degree — dwelling (occupied or not), occupied structure/conveyance, authorized emergency vehicle, or structure/conveyance to steal a controlled substance; no assault/battery, not armed
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 810.02(3)).
1st degree — assault or battery during the burglary, armed with explosives / dangerous weapon, or motor-vehicle / >$1,000 damage to a dwelling or structure
- Imprisonment
- 0–life (term of years not exceeding life imprisonment)
- Fine
- $0–$10,000
Felony of the first degree, punishable by imprisonment for a term of years not exceeding life (§ 810.02(2)).
Burglary means entering (or remaining in) a dwelling, structure, or conveyance with intent to commit an offence therein. Burglary during a riot / aggravated riot or a declared state of emergency is reclassified one degree higher (§ 810.02(3)-(4)).
Robbery Verified against official source
This range was checked against the official legal text.
Statutory range
No firearm, deadly weapon, or other weapon carried
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 812.13(2)(c)).
Offender carried a weapon (not a firearm / deadly weapon)
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 812.13(2)(b)).
Offender carried a firearm or other deadly weapon
- Imprisonment
- 0–life (term of years not exceeding life imprisonment)
- Fine
- $0–$10,000
Felony of the first degree, punishable by imprisonment for a term of years not exceeding life (§ 812.13(2)(a)).
Robbery by sudden snatching (§ 812.131), carjacking (§ 812.133), and home-invasion robbery (§ 812.135) are separate offences with their own penalties and are not covered by these tiers.
Theft Verified against official source
This range was checked against the official legal text.
Statutory range
Petit theft, 2nd degree — property under $100, not otherwise specified
- Imprisonment
- 0–60 days
- Fine
- $0–$500
Misdemeanour of the second degree (§ 812.014(3)(a)).
Petit theft, 1st degree — property $100 or more, under $750
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree (§ 812.014(2)(f)).
Grand theft, 3rd degree — property $750 or more, under $20,000; or firearm, motor vehicle, will, stop sign, anhydrous ammonia, controlled substance, etc.
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 812.014(2)(c)).
Grand theft, 2nd degree — property $20,000 or more, under $100,000; cargo under $50,000; emergency medical / law enforcement equipment $300+
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 812.014(2)(b)).
Grand theft, 1st degree — property $100,000 or more; cargo $50,000+; or grand theft using a motor vehicle / causing damage over $1,000
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 812.014(2)(a)).
§ 812.014(2) grades theft by value and by special property (firearm, motor vehicle, will, commercially farmed animal, etc.). Petit-theft priors escalate: petit theft with one prior theft conviction is a first-degree misdemeanour; with two or more priors, a third-degree felony (§ 812.014(3)(b)-(c)). Theft during a riot / aggravated riot or a declared state of emergency is reclassified upward (§ 812.014(2)(b)-(c)). Coordinating thefts worth over $3,000 is a second-degree felony (§ 812.014(6)). Theft of a commercially farmed animal carries a mandatory $10,000 fine (§ 812.014(2)(c)7.).
Vandalism / criminal damage Verified against official source
This range was checked against the official legal text.
Statutory range
Damage $200 or less
- Imprisonment
- 0–60 days
- Fine
- $0–$500
Misdemeanour of the second degree (§ 806.13(1)(b)1.).
Damage greater than $200, under $1,000
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree (§ 806.13(1)(b)2.).
Damage $1,000 or more, or interruption / impairment of a business operation or public service costing $1,000+ to restore
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 806.13(1)(b)3.).
Any (1)(b)1.–2. offence with one or more previous convictions under that subsection
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Reclassified as a felony of the third degree (§ 806.13(1)(b)4.).
Damage over $200 to a church, synagogue, mosque, or other place of worship (or religious article therein)
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 806.13(2)).
Damage over $200 to a memorial or historic property
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 806.13(3)); court must order full restitution.
Unlawful detention / occupation / trespass on a residential dwelling or commercial real property + intentional damage of $1,000+
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 806.13(4)).
Damage values of property owned by separate persons and damaged in one scheme or course of conduct may be aggregated (§ 806.13(8)(a)). Graffiti violations carry additional mandatory minimum fines ($250 first / $500 second / $1,000 third or subsequent conviction) plus at least 40 hours of community service (§ 806.13(9)).
Fraud & financial
Fraud Verified against official source
This range was checked against the official legal text.
Statutory range
Communications fraud — value obtained / endeavoured under $300 (per act of communication)
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree (§ 817.034(4)(b)2.).
Communications fraud — value obtained / endeavoured $300 or more (per act of communication)
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 817.034(4)(b)1.).
Organized fraud (scheme to defraud) — aggregate value under $20,000
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 817.034(4)(a)3.).
Organized fraud (scheme to defraud) — aggregate value $20,000 or more, under $50,000
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 817.034(4)(a)2.).
Organized fraud (scheme to defraud) — aggregate value $50,000 or more
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 817.034(4)(a)1.).
Fraudulent use of personal identification information — base
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 817.568(2)(a)).
Fraudulent use of personal identification information — benefit / loss $5,000+, or 10–19 victims
- Imprisonment
- Mandatory minimum 3 years; up to 15 years
- Fine
- $0–$10,000
Felony of the second degree with 3-year mandatory minimum (§ 817.568(2)(b)).
Fraudulent use of personal identification information — benefit / loss $50,000+, or 20–29 victims
- Imprisonment
- Mandatory minimum 5 years (10 years if benefit / loss $100,000+ or 30+ victims); up to 30 years
- Fine
- $0–$10,000
Felony of the first degree with 5-year mandatory minimum (§ 817.568(2)(c)).
Under § 817.034(4)(c), an offence against a person 65 or older, a minor, or a person with a mental or physical disability is reclassified one degree higher (first-degree felony becomes a life felony). § 817.568(12) adds a mandatory $1,001 surcharge on top of any sanction.
Drugs
Drug possession Verified against official source
This range was checked against the official legal text.
Statutory range
Possession — general (most controlled substances)
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 893.13(6)(a)).
Possession of 20 grams or less of cannabis
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree (§ 893.13(6)(b)). Excludes cannabis resin and its derivatives/preparations.
Possession of more than 10 grams of a substance in § 893.03(1)(a), (1)(b), or (2)(b)
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 893.13(6)(c)).
Possession of a Schedule V substance (§ 893.03(5))
- Imprisonment
- 0–60 days
- Fine
- $0–$500
Misdemeanour of the second degree (§ 893.13(6)(d)).
Possession is a felony of the third degree by default under § 893.13(6)(a). Sale, manufacture, delivery, and possession with intent to sell/manufacture/deliver are separate offences under § 893.13(1) (second-degree felony for the substances in (1)(a)1., third-degree for (1)(a)2., first-degree misdemeanour for Schedule V). Amounts at or above the § 893.135 thresholds are charged as trafficking, not simple possession.
Drug trafficking / sale Verified against official source
This range was checked against the official legal text.
Statutory range
Trafficking in cannabis — over 25 lb / 300+ plants, under 2,000 lb / 2,000 plants
- Imprisonment
- Mandatory minimum 3 years; up to 30 years
- Fine
- $25,000 (mandatory)
§ 893.135(1)(a)1.
Trafficking in cannabis — 2,000 lb or more / 2,000+ plants, under 10,000 lb / 10,000 plants
- Imprisonment
- Mandatory minimum 7 years; up to 30 years
- Fine
- $50,000 (mandatory)
§ 893.135(1)(a)2.
Trafficking in cannabis — 10,000 lb or more / 10,000+ plants
- Imprisonment
- Mandatory minimum 15 calendar years; up to 30 years
- Fine
- $200,000 (mandatory)
§ 893.135(1)(a)3.
Trafficking in cocaine — 28 g or more, under 200 g
- Imprisonment
- Mandatory minimum 3 years; up to 30 years
- Fine
- $50,000 (mandatory)
§ 893.135(1)(b)1.a.
Trafficking in cocaine — 200 g or more, under 400 g
- Imprisonment
- Mandatory minimum 7 years; up to 30 years
- Fine
- $100,000 (mandatory)
§ 893.135(1)(b)1.b.
Trafficking in cocaine — 400 g or more, under 150 kg
- Imprisonment
- Mandatory minimum 15 calendar years; up to 30 years
- Fine
- $250,000 (mandatory)
§ 893.135(1)(b)1.c. 150 kg or more is punished by life imprisonment (capital felony if a killing results as specified).
Trafficking in illegal drugs (heroin / morphine / opium / hydromorphone) — 4 g or more, under 14 g
- Imprisonment
- Mandatory minimum 3 years; up to 30 years
- Fine
- $50,000 (mandatory)
§ 893.135(1)(c)1.a.
Trafficking in illegal drugs — 14 g or more, under 28 g
- Imprisonment
- Mandatory minimum 15 years; up to 30 years
- Fine
- $100,000 (mandatory)
§ 893.135(1)(c)1.b.
Trafficking in illegal drugs — 28 g or more, under 30 kg
- Imprisonment
- Mandatory minimum 25 years; up to 30 years
- Fine
- $500,000 (mandatory)
§ 893.135(1)(c)1.c. 30 kg or more is punished by life imprisonment (capital felony if a killing results as specified).
Trafficking in dangerous fentanyl / fentanyl analogues — 4 g or more, under 14 g
- Imprisonment
- Mandatory minimum 7 years; up to 30 years
- Fine
- $50,000 (mandatory)
§ 893.135(1)(c)4.b.(I).
Trafficking in dangerous fentanyl / fentanyl analogues — 14 g or more, under 28 g
- Imprisonment
- Mandatory minimum 20 years; up to 30 years
- Fine
- $100,000 (mandatory)
§ 893.135(1)(c)4.b.(II).
Trafficking in dangerous fentanyl / fentanyl analogues — 28 g or more
- Imprisonment
- Mandatory minimum 25 years; up to 30 years
- Fine
- $500,000 (mandatory)
§ 893.135(1)(c)4.b.(III).
Trafficking in amphetamine / methamphetamine — 14 g or more, under 28 g
- Imprisonment
- Mandatory minimum 3 years; up to 30 years
- Fine
- $50,000 (mandatory)
§ 893.135(1)(f)1.a.
Trafficking in amphetamine / methamphetamine — 28 g or more, under 200 g
- Imprisonment
- Mandatory minimum 7 years; up to 30 years
- Fine
- $100,000 (mandatory)
§ 893.135(1)(f)1.b.
Trafficking in amphetamine / methamphetamine — 200 g or more
- Imprisonment
- Mandatory minimum 15 calendar years; up to 30 years
- Fine
- $250,000 (mandatory)
§ 893.135(1)(f)1.c.
Trafficking in oxycodone — 7 g or more, under 14 g
- Imprisonment
- Mandatory minimum 3 years; up to 30 years
- Fine
- $50,000 (mandatory)
§ 893.135(1)(c)3.a.
Trafficking in oxycodone — 14 g or more, under 25 g
- Imprisonment
- Mandatory minimum 7 years; up to 30 years
- Fine
- $100,000 (mandatory)
§ 893.135(1)(c)3.b.
Trafficking in oxycodone — 25 g or more, under 100 g
- Imprisonment
- Mandatory minimum 15 years; up to 30 years
- Fine
- $500,000 (mandatory)
§ 893.135(1)(c)3.c.
Trafficking in oxycodone — 100 g or more, under 30 kg
- Imprisonment
- Mandatory minimum 25 years; up to 30 years
- Fine
- $750,000 (mandatory)
§ 893.135(1)(c)3.d.
Trafficking in hydrocodone — 28 g or more, under 50 g
- Imprisonment
- Mandatory minimum 3 years; up to 30 years
- Fine
- $50,000 (mandatory)
§ 893.135(1)(c)2.a.
Trafficking in hydrocodone — 50 g or more, under 100 g
- Imprisonment
- Mandatory minimum 7 years; up to 30 years
- Fine
- $100,000 (mandatory)
§ 893.135(1)(c)2.b.
Trafficking in hydrocodone — 100 g or more, under 300 g
- Imprisonment
- Mandatory minimum 15 years; up to 30 years
- Fine
- $500,000 (mandatory)
§ 893.135(1)(c)2.c.
Trafficking in hydrocodone — 300 g or more, under 30 kg
- Imprisonment
- Mandatory minimum 25 years; up to 30 years
- Fine
- $750,000 (mandatory)
§ 893.135(1)(c)2.d.
§ 893.135 trafficking thresholds are stated as the law states them (weight of substance or mixture). Every trafficking tier below is a felony of the first degree punishable under §§ 775.082/775.083/775.084, with the stated mandatory minimum term and mandatory fine. Sale / possession with intent under § 893.13(1) is separate: second-degree felony for the substances in (1)(a)1. (up to 15 years, fine up to $10,000), third-degree felony for (1)(a)2. (up to 5 years, fine up to $5,000), first-degree misdemeanour for Schedule V. § 893.135 also creates capital-felony trafficking / importation tiers (e.g. 150 kg+ cocaine, 30 kg+ illegal drugs, 60 kg+ importation with knowledge death would probably result) punishable under §§ 775.082 and 921.142.
Weapons
Weapons offences Verified against official source
This range was checked against the official legal text.
Statutory range
Carrying a concealed weapon or electric weapon / device — unlicensed and ineligible
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree (§ 790.01(2)).
Carrying a concealed firearm — unlicensed and ineligible
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 790.01(3)).
Felon / delinquent in possession of a firearm, ammunition, or electric weapon or device
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 790.23(3)).
Felon in possession — offender qualifies for § 874.04 penalty enhancements
- Imprisonment
- 0–life (term of years not exceeding life imprisonment)
- Fine
- $0–$10,000
Felony of the first degree, punishable by a term of years not exceeding life (§ 790.23(4)).
§ 790.25 (lawful ownership, possession, and use of firearms and other weapons) states lawful-ownership / use exceptions rather than an offence, so this entry uses the operative offence sections: § 790.01 (carrying concealed weapons / firearms by a person who is unlicensed and ineligible for a licence — Florida authorises concealed carry for persons licensed under § 790.06 or otherwise satisfying the § 790.06 criteria) and § 790.23 (felons and delinquents; possession of firearms, ammunition, or electric weapons or devices). § 790.23 does not apply to a person whose civil rights and firearm authority have been restored, or whose record was expunged under § 943.0515(1)(b).
Traffic & transport
DUI / drink driving Verified against official source
This range was checked against the official legal text.
Statutory range
1st conviction — base
- Imprisonment
- 0–6 months
- Fine
- $500–$1,000
§ 316.193(2)(a)1.a., 2.a.
2nd conviction — base
- Imprisonment
- 0–9 months
- Fine
- $1,000–$2,000
§ 316.193(2)(a)1.b., 2.b. Mandatory ignition-interlock placement for at least 1 year.
3rd conviction within 10 years of a prior conviction
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000 (via § 775.083; no fine stated in § 316.193(2)(b)1.)
Felony of the third degree (§ 316.193(2)(b)1.). Mandatory ignition-interlock placement for at least 2 years.
3rd conviction more than 10 years after a prior conviction
- Imprisonment
- 0–12 months
- Fine
- $2,000–$5,000
§ 316.193(2)(b)2. Mandatory ignition-interlock placement for at least 2 years.
4th or subsequent conviction (any timing)
- Imprisonment
- 0–5 years
- Fine
- $2,000 minimum (no maximum stated in § 316.193(2)(b)3.; up to $5,000 via § 775.083)
Felony of the third degree (§ 316.193(2)(b)3.).
Enhanced — BAC 0.15+ or minor under 18 in the vehicle
- Imprisonment
- 0–9 months (1st) / 0–12 months (2nd)
- Fine
- $1,000–$2,000 (1st) / $2,000–$4,000 (2nd) / $4,000 minimum (3rd+)
§ 316.193(4). Mandatory ignition-interlock placement.
DUI causing damage to the property or person of another
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree (§ 316.193(3)(c)1.).
DUI causing serious bodily injury
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 316.193(3)(c)2.).
DUI manslaughter — base
- Imprisonment
- Mandatory minimum 4 years; up to 15 years
- Fine
- $0–$10,000
Felony of the second degree with 4-year mandatory minimum (§ 316.193(3)(c)3.a.).
DUI manslaughter — driver knew / should have known of the crash and failed to give information / render aid, or prior DUI-manslaughter conviction
- Imprisonment
- Mandatory minimum 4 years; up to 30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 316.193(3)(c)3.b.-c.).
DUI means driving or being in actual physical control of a vehicle while impaired by alcohol / chemical / controlled substances, or with BAC 0.08+ (blood) / 0.08+ (breath). A third violation within 10 years of a prior conviction, and any fourth or subsequent violation, is a third-degree felony. Conviction also carries monthly reporting probation, substance-abuse course / evaluation / treatment, community service, and vehicle impoundment / immobilization (§ 316.193(6)).
Cyber & digital
Cybercrime / hacking Verified against official source
This range was checked against the official legal text.
Statutory range
Wilfully / knowingly, without authorization, modifies equipment or supplies used in a computer / system / network / device
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour of the first degree (§ 815.06(4)).
Offences against users — base (unauthorised access, disruption, damage, contaminant, surveillance)
- Imprisonment
- 0–5 years
- Fine
- $0–$5,000
Felony of the third degree (§ 815.06(3)(a)).
Damage / loss $5,000+; offence for purpose of fraud scheme; interrupts government operation or public communication / transportation / water / gas / public service; or targets transit systems
- Imprisonment
- 0–15 years
- Fine
- $0–$10,000
Felony of the second degree (§ 815.06(3)(b)).
Violation endangers human life, or disrupts a computer / system / network / device affecting medical equipment used in direct medical care / treatment
- Imprisonment
- 0–30 years
- Fine
- $0–$10,000
Felony of the first degree (§ 815.06(3)(c)).
§ 815.06 covers offences against users of computers, computer systems, computer networks, and electronic devices: unauthorised access (or exceeding authorisation), disruption / denial of data transmission, destruction or damage to equipment / systems / devices, introducing a computer contaminant, and audio/video surveillance via a device's inherent features. It does not apply to persons acting under a search warrant, within lawful employment, or performing authorised security operations (§ 815.06(7)).