Florida Minimum Mandatory Sentences

The following is Not Legal Advice.

Do Not Rely on This Information. It may not be current or accurate. For legal advice, consult an attorney.

Reflects Florida Statutes as of the 2025 session. Every figure links to the official statute on Online Sunshine, which opens in a new window.

A “minimum mandatory” is a prison term a judge must impose and cannot suspend, reduce, or go below. A “sentencing enhancement” is different — it does not create a new crime, but increases the sentence available for an existing one, based on the defendant’s record. Both are set out below.

10-20-Life — firearms — § 775.087

Where a defendant actually possessed a firearm during an enumerated felony, § 775.087, Fla. Stat. imposes:

  • Possess a firearm — 10-year minimum mandatory
  • Discharge a firearm — 20-year minimum mandatory
  • Discharge causing death or great bodily harm25 years to life

Felon in possession of a firearm — § 775.087 / § 790.23

Possession of a firearm by a convicted felon is a second-degree felony under § 790.23. Where the felon actually possessed the firearm, § 775.087(2) imposes a 3-year minimum mandatory term of imprisonment.

The 3-year minimum mandatory requires actual possession — not constructive possession.

Other offense-specific minimum mandatories

OffenseMinimum mandatoryStatute
Drug trafficking (weight-based)3, 7, 15, 20 or 25 years, by substance and weight — full table§ 893.135
DUI manslaughter4 years§ 316.193
Sexual battery — victim under 12, offender 18 or olderCapital felony — death or life imprisonment§ 794.011(2)(a)
Dangerous sexual felony offender — a qualifying sex offense committed at 18 or older with an aggravating factor (serious personal injury, deadly weapon, multiple victims, committed while under court jurisdiction, or a prior qualifying conviction)25 years to life.
If the offense was committed on or after October 1, 2014: 50 years to life.
§ 794.0115
Lewd or lascivious molestation — victim under 12, offender 18 or olderLife imprisonment, or a split sentence of at least 25 years followed by probation or community control for life§ 800.04(5)(b) / § 775.082(3)(a)4.a
— second or subsequent such offense, committed on or after July 1, 2008Life imprisonment§ 775.082(3)(a)4.b
Aggravated fleeing or eluding causing serious bodily injury or death3 years§ 316.1935
Battery on a law enforcement officer (a third-degree felony under § 784.07(2)(b)) while possessing a firearm or destructive device3 years§ 784.07(3)(a)
— the same battery, while possessing a semiautomatic firearm with a high-capacity detachable box magazine, or a machine gun8 years§ 784.07(3)(b)
Battery on a law enforcement officer committed in furtherance of a riot6 months§ 784.07(2)(b)

The 3-year and 8-year terms under § 784.07(3) apply only where the defendant possessed a weapon during the battery. Battery on an officer without a weapon carries no minimum mandatory, and § 784.07 imposes no minimum mandatory for aggravated assault or aggravated battery on an officer — those offenses are reclassified upward in degree instead.

Sexual battery under § 794.011 is graded by felony degree rather than by a minimum mandatory built into that statute. Except for the capital-felony tier above, the minimum mandatory for a sexual offense generally comes from the Dangerous Sexual Felony Offender Act, § 794.0115.

Sentencing enhancements — § 775.084 & § 775.082

These do not create new crimes. They increase the sentence available for the crime charged, based on the defendant’s prior record.

HFO — Habitual Felony Offender — § 775.084(4)(a)

Qualifies: two or more prior felonies, where the new felony was committed while serving a sentence or supervision, or within 5 years of the last conviction or release. The prior and current offense cannot both be simple drug possession under § 893.13.

Effect — extends the maximum sentence (roughly doubles it), but is not itself a minimum mandatory:

  • Life or first-degree felony → life
  • Second-degree felony (normally 15 yr) → up to 30 years
  • Third-degree felony (normally 5 yr) → up to 10 years

HVFO — Habitual Violent Felony Offender — § 775.084(4)(b)

Qualifies: a prior enumerated violent felony, within the same 5-year window. Adds a minimum mandatory on top of the extended term:

  • Life / first-degree → life, min. mandatory 15 years
  • Second-degree → up to 30 years, min. mandatory 10 years
  • Third-degree → up to 10 years, min. mandatory 5 years

VCC — Violent Career Criminal — § 775.084(4)(d)

Qualifies: three or more prior enumerated violent felonies and a qualifying current offense. The most severe enhancement:

  • Life / first-degree → life
  • Second-degree → up to 40 years, min. mandatory 30 years
  • Third-degree → up to 15 years, min. mandatory 10 years

VFOSC — Violent Felony Offender of Special Concern — § 948.06(8)

VFOSC is not a sentencing enhancement like the others above. It is a designation that applies when a person on felony probation or community control violates that supervision, and changes how a violation of probation must be handled.

Who qualifies — a probationer who is on supervision for, has a prior conviction for, or violates by committing a qualifying offense (including kidnapping, murder or attempted murder, manslaughter, aggravated battery, sexual battery, lewd or lascivious offenses, and other enumerated violent felonies), or who is already a habitual violent felony offender, three-time violent felony offender, or sexual predator and commits a qualifying offense.

Effect — on a violation of probation, the court must make written findings as to whether the offender poses a danger to the community. If the court finds the offender is a danger, it must revoke probation and may impose any sentence it could have originally imposed. A VFOSC is also generally held without bail pending the violation hearing.

Read § 948.06 →

PRR — Prison Releasee Reoffender — § 775.082(9)

Qualifies: commission (or attempt) of an enumerated forcible felony — murder, manslaughter, sexual battery, robbery, carjacking, home-invasion robbery, arson, kidnapping, aggravated battery, armed burglary, burglary of a dwelling or occupied structure, or any felony involving the use or threat of physical force — within 3 years of release from prison.

Effect — the sentence equals the statutory maximum and must be served in full (100%), with no parole, gain-time, or early release:

  • Life felony → life
  • First-degree → 30 years
  • Second-degree → 15 years
  • Third-degree → 5 years

Read § 775.084 →  |  Read § 775.082 →