(1)(a) Except as provided in paragraph (b), if a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 10 days in the county jail for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.
(b) If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, and the crime of domestic violence takes place in the presence of a child under 16 years of age who is a family or household member, as defined in s. 741.28, of the victim or the perpetrator, the court shall order the person to serve a minimum of 15 days in the county jail for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.
(2) This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration.
History.—s. 3, ch. 2001-50; s. 2, ch. 2017-156.
Structure Florida Statutes
Title XLIII - Domestic Relations
Chapter 741 - Marriage; Domestic Violence
741.01 - County Court Judge or Clerk of the Circuit Court to Issue Marriage License; Fee.
741.011 - Installment Payments.
741.0305 - Marriage Fee Reduction for Completion of Premarital Preparation Course.
741.0306 - Creation of a Family Law Handbook.
741.04 - Issuance of Marriage License.
741.041 - Marriage License Application Valid for 60 Days.
741.05 - Penalty for Violation of S. 741.03 or S. 741.04(2).
741.07 - Persons Authorized to Solemnize Matrimony.
741.08 - Marriage Not to Be Solemnized Without a License.
741.09 - Record of License and Certificate.
741.10 - Proof of Marriage Where No Certificate Available.
741.21 - Incestuous Marriages Prohibited.
741.211 - Common-Law Marriages Void.
741.212 - Marriages Between Persons of the Same Sex.
741.23 - Husband Not Liable for Wife’s Torts.
741.235 - Doctrine of Interspousal Tort Immunity Abrogated.
741.24 - Civil Action Against Parents; Willful Destruction or Theft of Property by Minor.
741.28 - Domestic Violence; Definitions.
741.281 - Court to Order Batterers’ Intervention Program Attendance.
741.283 - Minimum Term of Imprisonment for Domestic Violence.
741.2902 - Domestic Violence; Legislative Intent With Respect to Judiciary’s Role.
741.31 - Violation of an Injunction for Protection Against Domestic Violence.
741.313 - Unlawful Action Against Employees Seeking Protection.
741.315 - Recognition of Foreign Protection Orders.
741.316 - Domestic Violence Fatality Review Teams; Definition; Membership; Duties.
741.3165 - Certain Information Exempt From Disclosure.
741.32 - Batterers’ Intervention Programs.
741.325 - Requirements for Batterers’ Intervention Programs.
741.327 - Certification and Monitoring of Batterers’ Intervention Programs; Rules.
741.401 - Legislative Findings; Purpose.
741.402 - Definitions; Ss. 741.401-741.409.
741.403 - Address Confidentiality Program; Application; Certification.
741.404 - Certification Cancellation.
741.405 - Agency Use of Designated Address.
741.406 - Voting by Program Participant; Use of Designated Address by Supervisor of Elections.
741.408 - Assistance for Program Applicants.
741.4651 - Public Records Exemption; Victims of Stalking or Aggravated Stalking.