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Florida Minimum Mandatory Sentences

Reflects Florida Statutes current through the 2026 session; every statute cited on this page was checked against the official text on the date shown below. 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 harm — 25 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

The enumerated felonies — § 775.084(1)(b)1. The prior conviction (or attempt or conspiracy) must have been for one of these fifteen offenses. Nothing else counts:

  • Arson
  • Sexual battery
  • Robbery
  • Kidnapping
  • Aggravated child abuse
  • Aggravated abuse of an elderly person or disabled adult
  • Aggravated assault with a deadly weapon
  • Murder
  • Manslaughter
  • Aggravated manslaughter of an elderly person or disabled adult
  • Aggravated manslaughter of a child
  • Unlawful throwing, placing, or discharging of a destructive device or bomb
  • Armed burglary
  • Aggravated battery
  • Aggravated stalking

Note what is absent: home invasion robbery and carjacking are not on the HVFO list, though both appear on the three-time violent felony offender list below. An out-of-state conviction also does not qualify for HVFO, because § 775.084(1)(b)1. contains no equivalent-offense provision.

Three-Time Violent Felony Offender — § 775.084(4)(c)

Qualifies: two or more prior adult convictions for the enumerated offenses, and the current offense is also one of them, committed while serving a sentence or supervision for an enumerated offense or within 5 years of the last such conviction or release.

The enumerated felonies — § 775.084(1)(c)1. The same fifteen offenses listed under HVFO above, plus:

  • Home invasion/robbery
  • Carjacking
  • An offense under the law of any other jurisdiction whose elements are substantially similar to any of the above, or an attempt to commit one

Effect — the court must impose these mandatory minimums (unlike HFO and HVFO, this one is not discretionary):

  • Felony punishable by life → life
  • First-degree → 30 years
  • Second-degree → 15 years
  • Third-degree → 5 years

The statute does not prevent the court from imposing a longer sentence otherwise authorized by law. § 775.084(4)(c)2.

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

The qualifying prior offenses — § 775.084(1)(d)1. This is a different and broader list than the two above. Three or more prior adult convictions for:

  • Any forcible felony as defined in § 776.08
  • Aggravated stalking — § 784.048(3) and (4)
  • Aggravated child abuse — § 827.03(2)(a)
  • Aggravated abuse of an elderly person or disabled adult — § 825.102(2)
  • Lewd or lascivious battery, molestation, conduct, or exhibition — § 800.04 or § 847.0135(5)
  • Escape — § 944.40
  • A felony violation of chapter 790 involving the use or possession of a firearm

§ 776.08 “forcible felony” means: treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony involving the use or threat of physical force or violence against any individual.

Two further requirements that are easy to miss: the defendant must have been incarcerated in a state or federal prison, and the current primary offense must itself be an enumerated felony committed on or after October 1, 1995. § 775.084(1)(d)2.–3.

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 — § 948.06(8)(b). A person on felony probation or community control who: is supervised for a qualifying offense; has a prior conviction for one; violates by committing one; or has already been found to be a habitual violent felony offender, a three-time violent felony offender, or a sexual predator and then commits a qualifying offense.

The qualifying offenses — § 948.06(8)(c). This list is its own; it does not track the § 775.084 lists above:

  • Kidnapping or attempted kidnapping (§ 787.01); false imprisonment of a child under 13 (§ 787.02(3)); luring or enticing a child (§ 787.025(2)(b) or (c))
  • Murder or attempted murder (§ 782.04); attempted felony murder (§ 782.051); manslaughter (§ 782.07)
  • Aggravated battery or attempted aggravated battery (§ 784.045)
  • Sexual battery or attempted sexual battery (§ 794.011(2), (3), (4), or (8)(b) or (c))
  • Lewd or lascivious battery (§ 800.04(4)); molestation (§ 800.04(5)(b) or (c)2.); conduct (§ 800.04(6)(b)); exhibition (§ 800.04(7)(b)); exhibition on computer (§ 847.0135(5)(b))
  • Robbery (§ 812.13); carjacking (§ 812.133); home invasion robbery (§ 812.135) — or attempts
  • Lewd or lascivious offense upon or in the presence of an elderly or disabled person (§ 825.1025)
  • Sexual performance by a child (§ 827.071)
  • Computer pornography (§ 847.0135(2) or (3)); transmission of child sexual abuse material (§ 847.0137); selling or buying of minors (§ 847.0145)
  • Poisoning food or water (§ 859.01)
  • Abuse of a dead human body (§ 872.06)
  • Any first- or second-degree felony burglary or attempted burglary (§ 810.02(2) or (3))
  • Arson or attempted arson (§ 806.01(1))
  • Aggravated assault (§ 784.021)
  • Aggravated stalking (§ 784.048(3), (4), (5), or (7))
  • Aircraft piracy (§ 860.16)
  • Unlawful throwing, placing, or discharging of a destructive device or bomb (§ 790.161(2), (3), or (4))
  • Treason (§ 876.32)
  • Any offense committed in another jurisdiction which would be one of the above if committed in Florida

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 →

New in 2026 — Offenses by foreign agents — § 775.08255

This section did not exist before the 2026 session. Unlike the enhancements above, it is not built on prior record — it is built on purpose.

Qualifies: the penalty for any misdemeanor or felony may be reclassified if the offense was committed for the purpose of benefiting, promoting, or furthering the interests of a foreign government, a designated foreign terrorist organization, or an agent of either. An “agent” is a person acting on behalf of, or employed or controlled by, such a government or organization.

Effect — reclassification one full degree upward:

Second-degree misdemeanor→ first-degree misdemeanor
First-degree misdemeanor→ third-degree felony
Third-degree felony→ second-degree felony
Second-degree felony→ first-degree felony
First-degree felony→ life felony

And a minimum mandatory. A person convicted of a first-degree felony or a life felony under this section must be sentenced to a minimum term of imprisonment of 15 years, in addition to any other penalty prescribed by law. § 775.08255(3).

The related terrorism definitions in §§ 775.30–775.34 were amended in the same session to add a “domestic terrorist organization” category, meaning an organization whose designation has been published in the Florida Administrative Register under the new § 943.03102. See What Changes October 1.

PRR — Prison Releasee Reoffender — § 775.082(9)

Qualifies: commission, or attempted commission, of an enumerated offense within 3 years of release from a state, county, federal, out-of-state, or foreign correctional facility — or while serving a prison sentence or on escape status. § 775.082(9)(a)1.–2.

The enumerated offenses — § 775.082(9)(a)1.

  • Treason
  • Murder
  • Manslaughter
  • Sexual battery
  • Carjacking
  • Home-invasion robbery
  • Robbery
  • Arson
  • Kidnapping
  • Aggravated assault with a deadly weapon
  • Aggravated battery
  • Aggravated stalking
  • Aircraft piracy
  • Unlawful throwing, placing, or discharging of a destructive device or bomb
  • Any felony that involves the use or threat of physical force or violence against an individual
  • Armed burglary
  • Burglary of a dwelling or burglary of an occupied structure
  • Any felony violation of § 790.07, § 800.04, § 827.03, § 827.071, or § 847.0135(5)
  • Battery on a law enforcement officer which results in bodily injury — added effective 2026 by ch. 2026-149, Laws of Fla.

The decision to pursue PRR sentencing belongs to the state attorney, who must prove the status by a preponderance of the evidence. § 775.082(9)(a)3.

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 →