Florida § 775.0824 - Dangerous unauthorized alien offender; legislative intent; definitions; mandatory minimum prison terms.

§ 775.0824. Dangerous unauthorized alien offender; legislative intent; definitions; mandatory minimum prison terms.

(1) It is the intent of the Legislature that dangerous unauthorized alien offenders be punished to the fullest extent of the law and as provided in this section. (2) As used in this section, the term: (a) “Dangerous unauthorized alien offender” means an unauthorized alien who is a member of a criminal gang as defined in s. 874.03 and who commits or attempts to commit a felony offense in this state. (b) “Unauthorized alien” has the same meaning as in s. 908.111. (3) For an offense committed on or after February 13, 2025, if the state attorney determines that a person is a dangerous unauthorized alien offender, the state attorney shall seek to have the court sentence the person as a dangerous unauthorized alien offender. In a separate proceeding conducted pursuant to this section, upon proof from the state attorney that establishes that the person is a dangerous unauthorized alien offender, such person is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows: (a) For a felony punishable by life, by a term of life imprisonment. (b) For a felony of the first degree, by a term of imprisonment of 30 years. (c) For a felony of the second degree, by a term of imprisonment of 15 years. (d) For a felony of the third degree, by a term of imprisonment of 5 years. (4) A person sentenced under subsection (3) shall be released only by expiration of sentence and is not eligible for parole, control release, or any form of early release. Any person sentenced under subsection (3) must serve 100 percent of the court-imposed sentence. (5) This section does not prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.