Business Law 101 / Criminal Statutes Chapter 775

By Albert L. Kelley, Esq.

Florida’s criminal Chapters begin with chapter 775, titled “General Penalties; Registration of Criminals”. This chapter really covers much more than the title implies. It discusses many aspects of criminal procedures including when certain defenses are allowed or not allowed. For example, the chapter discusses the insanity defense and states that “all persons are presumed sane”. It then goes on to specify “Insanity is established when: (a) The defendant had a mental infirmity, disease, or defect; and (b) Because of this condition, the defendant: 1.Did not know what he or she was doing or its consequences; or 2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.” The chapter also specifies that the benefit of clergy defense does not apply in Florida. This is a defense where a priest may remove himself from the jurisdiction of the court and be tried by the jurisdiction of the church. The Chapter specifies that voluntary intoxication, whether from alcohol or drugs (specifically a controlled substance), is not a defense to criminal prosecution. The only exception is when the controlled substance is used pursuant to a lawful prescription.

Albert Kelley

While we have already discussed penalties in general, chapter 775 allows certain adjustments to those penalties. For example, the Chapter allows an increase in penalties for violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges. The Chapter also allows increased penalties for habitual offenders, defined as a person who has committed to a more felonies, commits a felony while serving a prison sentence, or commits a felony within five years of their last conviction. The Chapter also allows an increase in penalty for frauds against the elderly. Finally, the Chapter allows an increased penalty for a person who takes a firearm from a law enforcement officer.

The second part of the Chapter discusses registration of criminals. The Chapter requires all persons convicted of a felony to register with the state of Florida within 48 hours of arriving in the state. The Chapter also requires the registration of sexual predators, along with residency restrictions. It also requires HIV testing for certain sexual offences.

Some of the most important provisions of the Chapter are the statute of limitations for criminal actions. It states that prosecution for a felony of the first degree must be commenced within 4 years after it is committed, prosecution for any other felony must be commenced within 3 years after it is committed, prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed and prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed. However other parts of the statute adjust these timelines for specific crimes.

The Chapter ends with a section made for our time: terrorism. Terrorism is defined as a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or a computer or electronic offense which is intended to intimidate, injure, or coerce a civilian population, influence the policy of a government by intimidation or coercion; or affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy. The Chapter allows for enhanced penalties for any crime that furthers terrorism and crates criminal sanctions for any activity that assists or furthers terrorism.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]