(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.
Structure Florida Statutes
Chapter 775 - General Penalties; Registration of Criminals
775.01 - Common Law of England.
775.011 - Short Title; Applicability to Antecedent Offenses.
775.02 - Punishment of Common-Law Offenses.
775.021 - Rules of Construction.
775.022 - Effect of Reenactment or Amendment of Criminal Statutes; References in Criminal Statutes.
775.04 - What Penal Acts or Omissions Not Public Offenses.
775.08 - Classes and Definitions of Offenses.
775.081 - Classifications of Felonies and Misdemeanors.
775.0835 - Fines; Surcharges; Crimes Compensation Trust Fund.
775.0837 - Habitual Misdemeanor Offenders.
775.0841 - Legislative Findings and Intent.
775.0842 - Persons Subject to Career Criminal Prosecution Efforts.
775.0843 - Policies to Be Adopted for Career Criminal Cases.
775.08435 - Prohibition on Withholding Adjudication in Felony Cases.
775.0844 - White Collar Crime Victim Protection Act.
775.0845 - Wearing Mask While Committing Offense; Reclassification.
775.0846 - Possession of Bulletproof Vest While Committing Certain Offenses.
775.0847 - Possession or Promotion of Certain Images of Child Pornography; Reclassification.
775.0849 - Public Service Announcements; Ch. 99-188.
775.085 - Evidencing Prejudice While Committing Offense; Reclassification.
775.0861 - Offenses Against Persons on the Grounds of Religious Institutions; Reclassification.
775.0862 - Sexual Offenses Against Students by Authority Figures; Reclassification.
775.0871 - Public Service Announcements.
775.0877 - Criminal Transmission of Hiv; Procedures; Penalties.
775.13 - Registration of Convicted Felons, Exemptions; Penalties.
775.14 - Limitation on Withheld Sentences.
775.15 - Time Limitations; General Time Limitations; Exceptions.
775.16 - Drug Offenses; Additional Penalties.
775.21 - The Florida Sexual Predators Act.
775.215 - Residency Restriction for Persons Convicted of Certain Sex Offenses.
775.24 - Duty of the Court to Uphold Laws Governing Sexual Predators and Sexual Offenders.
775.25 - Prosecutions for Acts or Omissions.
775.26 - Registration of Career Offenders and Public Notification; Legislative Findings and Intent.
775.261 - The Florida Career Offender Registration Act.
775.30 - Terrorism; Defined; Penalties.
775.31 - Facilitating or Furthering Terrorism; Felony or Misdemeanor Reclassification.
775.32 - Use of Military-Type Training Provided by a Designated Foreign Terrorist Organization.
775.33 - Providing Material Support or Resources for Terrorism or to Terrorist Organizations.
775.34 - Membership in a Designated Foreign Terrorist Organization.