reglab/housing_qa huggingface dataset:
FL Stat § 775.022 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.022 - Effect of Reenactment or Amendment of Criminal Statutes; References in Criminal Statutes.

775.022 Effect of reenactment or amendment of criminal statutes; references in criminal statutes.—(1) It is the intent of the Legislature that:(a) This section preclude the application of the common law doctrine of abatement to a reenactment or an amendment of a criminal statute; and(b) An act of the Legislature reenacting or amending a criminal statute not be considered a repeal or an implied repeal of such statute for purposes of s. 9, Art. X of the State Constitution.(2) As used in this section, the term “criminal statute” means a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.(3) Except as expressly provided in an act of the Legislature or as provided in subsections (4) and (5), the reenactment or amendment of a criminal statute operates prospectively and does not affect or abate any of the following:(a) The prior operation of the statute or a prosecution or enforcement thereunder.(b) A violation of the statute based on any act or omission occurring before the effective date of the act.(c) A prior penalty, prior forfeiture, or prior punishment incurred or imposed under the statute.(4) If a penalty, forfeiture, or punishment for a violation of a criminal statute is reduced by a reenactment or an amendment of a criminal statute, the penalty, forfeiture, or punishment, if not already imposed, must be imposed according to the statute as amended.(5) This section may not be construed to limit the retroactive effect of any defense to a criminal statute enacted or amended by the Legislature in a criminal case that has not yet resulted in the imposition of a judgment or sentence by the trial court or an appellate decision affirming a judgment or sentence of the trial court.(6) A reference to any other chapter, part, section, or subdivision of the Florida Statutes in a criminal statute or a reference within a criminal statute constitutes a general reference under the doctrine of incorporation by reference.History.—s. 1, ch. 2019-63.
FL Stat § 775.027 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.027 - Insanity Defense.

775.027 Insanity defense.—(1) AFFIRMATIVE DEFENSE.—All persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. 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; or2. 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.Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection.(2) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence.History.—s. 1, ch. 2000-315.
FL Stat § 775.03 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.03 - Benefit of Clergy.

775.03 Benefit of clergy.—The doctrine of benefit of clergy shall have no operation in this state.History.—s. 75, Feb. 10, 1832; RS 2371; GS 3196; RGS 5026; CGL 7128.
FL Stat § 775.04 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.04 - What Penal Acts or Omissions Not Public Offenses.

775.04 What penal acts or omissions not public offenses.—Acts or omissions to which a pecuniary penalty is attached, recoverable by action by a person for his or her own use or for the use, in whole or in part, of the state or of a county or a public body, or of a corporation, are not public offenses within the meaning of these statutes.History.—RS 2349; GS 3173; RGS 5002; CGL 7101; s. 1184, ch. 97-102.
FL Stat § 775.051 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.051 - Voluntary Intoxication; Not a Defense; Evidence Not Admissible for Certain Purposes; Exception.

775.051 Voluntary intoxication; not a defense; evidence not admissible for certain purposes; exception.—Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant’s voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02.History.—s. 1, ch. 99-174; s. 29, ch. 2016-224.
FL Stat § 775.08 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.08 - Classes and Definitions of Offenses.

775.08 Classes and definitions of offenses.—When used in the laws of this state:(1) The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year.(2) The term “misdemeanor” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term “misdemeanor” shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.(3) The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense. The term “noncriminal violation” shall not mean any conviction for any violation of any municipal or county ordinance. Nothing contained in this code shall repeal or change the penalty for a violation of any municipal or county ordinance.(4) The term “crime” shall mean a felony or misdemeanor.History.—s. 1(11), ch. 1637, 1868; RS 2352; GS 3176; RGS 5006; CGL 7105; s. 1, ch. 71-136; s. 4, ch. 74-383; s. 1, ch. 75-298; s. 1, ch. 88-196.
FL Stat § 775.081 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.081 - Classifications of Felonies and Misdemeanors.

775.081 Classifications of felonies and misdemeanors.—(1) Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:(a) Capital felony;(b) Life felony;(c) Felony of the first degree;(d) Felony of the second degree; and(e) Felony of the third degree.A capital felony and a life felony must be so designated by statute. Other felonies are of the particular degree designated by statute. Any crime declared by statute to be a felony without specification of degree is of the third degree, except that this provision shall not affect felonies punishable by life imprisonment for the first offense.(2) Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:(a) Misdemeanor of the first degree; and(b) Misdemeanor of the second degree.A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.(3) This section is supplemental to, and is not to be construed to alter, the law of this state establishing and governing criminal offenses that are divided into degrees by virtue of distinctive elements comprising such offenses, regardless of whether such law is established by constitutional provision, statute, court rule, or court decision.History.—s. 2, ch. 71-136; s. 1, ch. 72-724.
FL Stat § 775.0823 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.0823 - Violent Offenses Committed Against Law Enforcement Officers, Correctional Officers, State Attorneys, Assistant State Attorneys, Justices, or Judges.

775.0823 Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges.—The Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; or against any justice or judge of a court described in Art. V of the State Constitution, which offense arises out of or in the scope of the officer’s duty as a law enforcement or correctional officer, the state attorney’s or assistant state attorney’s duty as a prosecutor or investigator, or the justice’s or judge’s duty as a judicial officer, as follows:(1) For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release.(2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(3) For attempted felony murder as described in s. 782.051, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(5) For attempted murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(8) For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(9) For kidnapping as described in s. 787.01, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(10) For aggravated battery as described in s. 784.045, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.(11) For aggravated assault as described in s. 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.History.—s. 3, ch. 89-100; s. 1, ch. 90-77; s. 16, ch. 93-406; s. 17, ch. 95-184; s. 11, ch. 97-194; s. 5, ch. 98-417; s. 3, ch. 2001-236; s. 1, ch. 2007-212; s. 2, ch. 2010-121; s. 5, ch. 2012-21; s. 26, ch. 2016-24; s. 22, ch. 2017-37; s. 12, ch. 2017-107.
FL Stat § 775.0835 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.0835 - Fines; Surcharges; Crimes Compensation Trust Fund.

775.0835 Fines; surcharges; Crimes Compensation Trust Fund.—(1) When any person pleads guilty or nolo contendere to, or is convicted of, any felony or misdemeanor under the laws of this state which resulted in the injury or death of another person, the court may, if it finds that the defendant has the present ability to pay the fine and finds that the impact of the fine upon the defendant’s dependents will not cause such dependents to be dependent on public welfare, in addition to any other penalty, order the defendant to pay a fine, commensurate with the offense committed and with the probable impact upon the victim, but not to exceed $10,000. The fine shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund.(2) The additional $50 obligation created by s. 938.03 shall be collected, and $49 of each $50 collected shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund, prior to any fine or surcharge authorized by this chapter. These costs are considered assessed unless specifically waived by the court. If the court does not order these costs, it shall state on the record, in detail, the reasons therefor.History.—ss. 2, 3, ch. 77-452; s. 20, ch. 80-146; s. 2, ch. 83-319; s. 8, ch. 85-326; s. 12, ch. 91-23; s. 2, ch. 93-9; s. 18, ch. 94-342; s. 6, ch. 97-271; s. 18, ch. 2001-122.
FL Stat § 775.0837 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.0837 - Habitual Misdemeanor Offenders.

775.0837 Habitual misdemeanor offenders.—(1) As used in this section, the term:(a) “Convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.(b) “Habitual misdemeanor offender” means a defendant who is before the court for sentencing for a specified misdemeanor offense and who has previously been convicted, as an adult, of four or more specified misdemeanor offenses which meet the following criteria:1. The offenses, in relation to each other and the misdemeanor before the court for sentencing, are separate offenses that are not part of the same criminal transaction or episode.2. The offenses were committed within 1 year of the date that the misdemeanor before the court for sentencing was committed.(c) “Specified misdemeanor offense” means those misdemeanor offenses described in chapter 741, chapter 784, chapter 790, chapter 796, chapter 800, chapter 806, chapter 810, chapter 812, chapter 817, chapter 831, chapter 832, chapter 843, chapter 856, chapter 893, or chapter 901.(d) “Imprisonment” means incarceration in a county jail operated by the county or a private vendor.(2) If the court finds that a defendant before the court for sentencing for a misdemeanor is a habitual misdemeanor offender, the court shall, unless the court makes a finding that an alternative disposition is in the best interests of the community and defendant, sentence the defendant as a habitual misdemeanor offender and impose one of the following sentences:(a) A term of imprisonment of not less than 6 months, but not to exceed 1 year;(b) Commitment to a residential treatment program for not less than 6 months, but not to exceed 364 days, provided that the treatment program is operated by the county or a private vendor with which the county has contracted to operate such program, or by a private vendor under contract with the state or licensed by the state to operate such program, and provided that any referral to a residential treatment facility is in accordance with the assessment criteria for residential treatment established by the Department of Children and Families, and that residential treatment beds are available or other community-based treatment program or a combination of residential and community-based program; or(c) Detention for not less than 6 months, but not to exceed 364 days, to a designated residence, if the detention is supervised or monitored by the county or by a private vendor with which the county has contracted to supervise or monitor the detention.The court may not sentence a defendant under this subsection if the misdemeanor offense before the court for sentencing has been reclassified as a felony as a result of any prior qualifying misdemeanor.History.—s. 1, ch. 2004-348; s. 295, ch. 2014-19.
FL Stat § 775.0841 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.0841 - Legislative Findings and Intent.

775.0841 Legislative findings and intent.—The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals. The Legislature further finds that priority should be given to the investigation, apprehension, and prosecution of career criminals in the use of law enforcement resources and to the incarceration of career criminals in the use of available prison space. The Legislature intends to initiate and support increased efforts by state and local law enforcement agencies and state attorneys’ offices to investigate, apprehend, and prosecute career criminals and to incarcerate them for extended terms; and, in the case of violent career criminals, such extended terms must include substantial mandatory minimum terms of imprisonment.History.—s. 3, ch. 88-131; s. 4, ch. 95-182.
FL Stat § 775.0842 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.0842 - Persons Subject to Career Criminal Prosecution Efforts.

775.0842 Persons subject to career criminal prosecution efforts.—A person who is under arrest for the commission, attempted commission, or conspiracy to commit any felony in this state shall be the subject of career criminal prosecution efforts provided that such person qualifies as a habitual felony offender, a habitual violent felony offender, or a violent career criminal, under s. 775.084.History.—s. 4, ch. 88-131; s. 2, ch. 89-280; s. 5, ch. 95-182; s. 46, ch. 96-388.
FL Stat § 775.08435 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.08435 - Prohibition on Withholding Adjudication in Felony Cases.

775.08435 Prohibition on withholding adjudication in felony cases.—(1) Notwithstanding the provisions of s. 948.01, the court may not withhold adjudication of guilt upon the defendant for:(a) Any capital, life, or first degree felony offense.(b) A second degree felony offense unless:1. The state attorney requests in writing that adjudication be withheld; or2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense.(c) A third degree felony that is a crime of domestic violence as defined in s. 741.28, unless:1. The state attorney requests in writing that adjudication be withheld; or2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with s. 921.0026.(d) A third degree felony offense if the defendant has a prior withholding of adjudication for a felony offense that did not arise from the same transaction as the current felony offense unless:1. The state attorney requests in writing that adjudication be withheld; or2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a third degree felony offense if the defendant has two or more prior withholdings of adjudication for a felony that did not arise from the same transaction as the current felony offense.(2) This section does not apply to any adjudication or withholding of adjudication under chapter 985.(3) The withholding of adjudication in violation of this section is subject to appellate review under chapter 924.History.—s. 1, ch. 2004-60; s. 4, ch. 2017-156.
FL Stat § 775.0845 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.0845 - Wearing Mask While Committing Offense; Reclassification.

775.0845 Wearing mask while committing offense; reclassification.—The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.(1)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.(2)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under former s. 921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the offense committed.History.—s. 2, ch. 81-249; s. 21, ch. 95-184; s. 1, ch. 97-39; s. 1185, ch. 97-102; s. 13, ch. 97-194; s. 25, ch. 2009-20.
FL Stat § 775.0846 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 775 - General Penalties; Registration of Criminals|775.0846 - Possession of Bulletproof Vest While Committing Certain Offenses.

775.0846 Possession of bulletproof vest while committing certain offenses.—(1) As used in this section, the term “bulletproof vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as “threat level I,” which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.(2) No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or attempts to commit any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, criminal gang-related offense under chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such possession is in the course of and in furtherance of any such crime.(3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.History.—s. 1, ch. 85-29; s. 1186, ch. 97-102; s. 3, ch. 2008-238.