FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 3.16
PRISON RELEASEE REOFFENDER FINDINGS
§ 775.082(9), Fla. Stat.
You have found (defendant) guilty of (crime listed in § 775.082(9), Fla. Stat.). You must now determine whether the State proved beyond a reasonable doubt whether:
Give at least one of the following as applicable.
The (crime listed in § 775.082(9), Fla. Stat.) was committed:
a. within 3 years after being released from a state correctional facility operated by the Florida Department of Corrections.
b. while the defendant was serving a prison sentence.
c. within 3 years after being released from a county detention facility following incarceration for a crime for which the sentence pronounced was a prison sentence.
d. within 3 years after being released from a correctional institution of [another state] [the District of Columbia] [the United States] [any possession or territory of the United States] [any foreign jurisdiction] following incarceration for a crime for which the sentence is punishable by more than 1 year in Florida.
e. while the defendant was on escape status from a state correctional facility operated by the Florida Department of Corrections
f. within 3 years after being released from a private vendor.
g. while the defendant was on escape status from a private vendor.
h. while the defendant was on escape status from a correctional institution of [another state] [the District of Columbia] [the United States] [any possession or territory of the United States] [any foreign jurisdiction] following incarceration for an offense for which the sentence is punishable by more than 1 year in Florida.
Give if applicable.
The Court instructs you that the sentence for (name of crime) is punishable by more than 1 year in Florida.
Give as applicable.
“State correctional facility” means any prison.*
§951.23, Fla. Stat.
“County detention facility” means a [county jail] [county stockade] [county work camp] [county residential probation center] [and any other place except a municipal detention facility] used by a county or county officer for the detention of persons charged with or convicted of a felony or a misdemeanor, regardless of whether such facility is operated by a board of county commissioners, a sheriff, or any other entity.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
7fc229f8938552adfb9803c10165955fdf9f5041a3dd1382269a86d0d9ef607d
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