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Florida Criminal Penalties

The penalties a defendant faces for a criminal charge include jail, probation, fines, community service, court ordered programs, and having a conviction on their record. In addition to these criminal penalties, there are many other negative consequences that may affect the defendant, such as:

1) Termination or denial of employment.
2) Loss or denial of professional licenses.
3) Suspension or expulsion from school.
4) Loss of grants or scholarships.
5) Loss of civil rights, including the right to vote.
6) Loss of right to possess firearms.
7) Administrative driver license suspension.
8) Deportation or denial of citizenship.
9) Loss of reputation in your community.

Misdemeanor Penalties:

Penalties for Second Degree Misdemeanor: Usually up to 60 days in the county jail or 6 months of probation or a combination thereof, up to a $500 fine, community service hours, court-imposed programs, and court costs

Penalties for First Degree Misdemeanor: Usually up to 1 year in the county jail or up to 12 months of probation or a combination thereof, up to a $1,000 fine, community service hours, court-imposed programs, and court costs

Felony Penalties:

Penalties for Third Degree Felony: Usually up to 5 years in State prison or up to 5 years of probation or a combination thereof, up to a $5,000 fine, community service hours, court-imposed programs, and court costs

Penalties for Second Degree Felony: Usually up to 15 years in State prison or up to 15 years of probation or a combination thereof, up to a $10,000 fine, community service hours, court-imposed programs, and court costs

Penalties for First Degree Felony: Usually up to 30 years in State prison or up to 30 years of probation or a combination thereof, up to a $15,000 fine, community service hours, court-imposed programs, and court costs

Life Felony: Up to life in prison

Capital Felony: Punishable by death penalty

Florida DUI Penalties

First DUI Offense:

Jail Time	Up to 180 Days in Jail (If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle up to 270 Days in Jail)
Probation	Up to 1 year of Probation
Drivers License Suspension	Minimum of 6 months and Maximum of 1 year (Individuals may be Eligible for Business Purpose Only License upon enrollment or completion of DUI classes and expiration of 30 day wait period if they took breath test or 90 day wait period if they refused the breath test)
Community Service Hours	Minimum of 50 Hours
Court Ordered Programs	DUI Counter Attack Program – Level I, Victim Awareness Class, Substance Abuse Evaluation and any recommended treatment
Vehicle Impoundment	Not less than 10 Days
Ignition Interlock	Not less than 6 months, when the convicted person qualifies for a permanent or restricted license If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle
Fines	Minimum of $500 fine and Maximum of $1,000 fine (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle – Minimum of $1,000 fine and Maximum of $2,000 fine)
Court Costs	Over $300

Second DUI Offense:

Jail Time	Up to 270 Days in Jail (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle up to 1 year in Jail, also If the second DUI is within 5 years of the first conviction – Minimum of 10 days in jail)
Probation	Up to 1 year of Probation
Drivers License Suspension	If within 5 years of the first conviction – Minimum of 5 years If outside of 5 years of first conviction – up to 1 year and you will not be eligible for Business Purpose Only License for the entire duration of the suspension.
Community Service Hours	No Minimum Hours
Court Ordered Programs	DUI Counter Attack Program – Level II, Victim Awareness Class, Substance Abuse Evaluation and any recommended treatment
Vehicle Impoundment	If within 5 years of first offense – Not less than 30 Days If outside of 5 years of first conviction – Not less than 10 Days
Ignition Interlock	At least 1 year upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. (Note: Not less than 2 years If Breath/Blood years in the vehicle)
Fines	Minimum of $1,000 fine and Maximum of $2,000 fine (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle – Minimum of $2,000 fine and Maximum of $4,000 fine)
Court Costs	Over $300

Third DUI Offense:

Jail Time	Up to 1 year in Jail (Note: If within 10 years of a prior conviction, it is a 3rd Degree Felony punishable by 5 years in State Prison. Also, if it is within 10 years of a prior conviction, there is a minimum of 30 days in jail.)
Probation	Up to 1 year of Probation (Note: If within 10 years of a prior conviction up to 5 years of Probation.)
Drivers License Suspension	If within 10 years of a prior conviction – Minimum of 10 years. If outside of 10 years of first conviction – 1 year
Community Service Hours	No Minimum Hours
Court Ordered Programs	DUI Counter Attack Program – Level II, Victim Awareness Class, Substance Abuse Evaluation and any recommended treatment
Vehicle Impoundment	If within 10 years of a prior conviction – Not less than 90 Days If outside of 10 years of prior conviction – Not less than 10 Days
Ignition Interlock	At least 2 years upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license
Fines	Minimum of $2,000 fine and Maximum of $5,000 fine (Note: If Breath/Blood Alcohol Content is 0.15 or above, or there was a person under the age of 18 years in the vehicle – Minimum of $4,000 fine)
Court Costs	Over $300

The following Florida DUI Statutes provides more information on a DUI:

Florida Statute 316.193 – Driving under the influence; penalties.
Florida Statute 316.1932 – Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
Florida Statute 316.1933 – Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
Florida Statute 316.1933 – Presumption of impairment; testing methods.
Florida Statute 322.2615– Suspension of license; right to review.
Florida Statute 322.2616 – Suspension of license; persons under 21 years of age; right to review.

Florida Firearm Minimum Mandatory Sentences 10-20-Life

The 1999 Florida Legislature passed sweeping legislation that provides for enhanced minimum mandatory prison terms for offenders who commit crimes with guns. The penalties, often referred to as 10-20-Life, apply if the defendant is convicted of certain crimes involving the use of a firearm.

Florida 10-20-Life:

1) Mandates a minimum 10 year prison term for certain felonies or attempted felonies in which the offender possesses a firearm or destructive device

2) Mandates a minimum 20 year prison term when the firearm is discharged

3) Mandates a minimum 25 years to LIFE if someone is injured or killed

4) Mandates a minimum 3 year prison term for possession of a firearm by a felon

5) Mandates that the minimum prison term is to be served consecutively to any other term of imprisonment imposed

The following Florida Statute provides more information on some of the penalties involved with crimes involving firearms:

Florida Statute 775.087 – Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence (Florida’s 10-20-Life Law for offenses involving Firearms).

Florida Drug Trafficking Penalties

If convicted of drug trafficking, mandatory minimum penalties can range from 3 years to life in prison. The following charts list some of the mandatory minimum penalties for specified amounts of certain drugs:

The Penalties for Trafficking in Cannabis (Marijuana):

In excess of 25 lbs, but less than 2,000 lbs; or 300 plants or more, but not more than 2,000 plants.	3 Year Mandatory Minimum Sentence.	A fine of up to $25,000.
2,000 lbs or more, but less than 10,000 lbs; or 2,000 plants but not more than 10,000 plants.	7 Year Mandatory Minimum Sentence.	A fine of up to $50,000.
10,000 lbs or more; or 10,000 plants or more.	15 Year Mandatory Minimum Sentence.	A fine of up to $200,000.

The Penalties for Trafficking in Cocaine:

28 grams or more but less than 200 grams.	3 Year Mandatory Minimum Sentence.	A fine of up to $50,000.
200 grams or more but less than 400 grams.	7 Year Mandatory Minimum Sentence.	A fine of up to $100,000.
400 grams or more but less than 150 Kilograms.	15 Year Mandatory Minimum Sentence.	A fine of up to $250,000.
150 Kilograms or more.	Mandatory Life Imprisonment.	A fine of up to $250,000.

Trafficking cases involving very large quantities of drugs where the defendant knows that the probable result of such importation would be the death of any person, are capital felony offenses.

Some trafficking cases are charged as a conspiracy. A conspiracy occurs when a person agrees, conspires, combines, or confederates with another person or persons to commit any criminal offense.

The following Florida Statute for more information on drug trafficking penalties:

Florida Statute 893.135 -Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.

The following Florida Statutes provide some additional information on Florida penalties and fines as well as circumstances which can lead to enhanced penalties or the reclassification of some offenses.

Florida Statute 775.082 – Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.
Florida Statute 775.083 – Fines.
Florida Statute 775.0837 – Habitual misdemeanor offenders.
Florida Statute 775.084 – Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.
Florida Statute 775.08435 – Prohibition on withholding adjudication in felony cases.
Florida Statute 775.0845 – Wearing mask while committing offense; reclassification.
Florida Statute 775.0846 – Possession of bulletproof vest while committing certain offenses.
Florida Statute 775.0847 – Possession or promotion of certain images of child pornography; reclassification.
Florida Statute 775.085 – Evidencing prejudice while committing offense; reclassification.
Florida Statute 775.0861 – Offenses against persons on the grounds of religious institutions; reclassification.
Florida Statute 775.087 – Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.
Florida Statute 775.0875 – Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties.
Florida Statute 775.16 – Drug offenses; additional penalties.
Florida Statute 921.0022 – Criminal Punishment Code; offense severity ranking chart.
Florida Statute 921.0023 – Criminal Punishment Code; ranking unlisted felony offenses.
Florida Statute 921.0024 – Criminal Punishment Code; worksheet computations; scoresheets.
Florida Statute 958.04 – Judicial disposition of youthful offenders.