Florida Criminal Defense: where the overlooked paperwork that changes strategy changes how readers should frame the problem

Florida criminal law has several features that set it apart from most other states. The Stand Your Ground doctrine — established in 2005, expanded in 2017 — provides one of the most expansive self-defense frameworks in the country. The 10-20-Life mandatory minimum sentencing law produces some of the harshest firearm-related sentences nationally. And Florida's felon disenfranchisement history, partially remedied by Amendment 4 in 2018 and complicated by subsequent legislation, affects hundreds of thousands of Floridians.

Stand Your Ground: Florida's Broad Self-Defense Law

Florida's Stand Your Ground law (Fla. Stat. § 776.013), enacted in 2005 and strengthened in 2017, eliminates the common-law duty to retreat before using force in self-defense. A person who is not engaged in criminal activity and is in a place they have a lawful right to be can use force — including deadly force — if they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony. This applies anywhere, not just in the home.

The 2017 amendment to the law (SB 128) shifted the burden of proof at pretrial immunity hearings: the prosecution must now disprove the Stand Your Ground defense by clear and convincing evidence before trial can proceed, rather than the defendant bearing the burden of proving the defense. This procedural shift significantly strengthened the law's practical protective effect — a defendant who raises Stand Your Ground at a pretrial hearing forces the prosecution to negate the defense before the case ever reaches a jury.

10-20-Life: Mandatory Minimum Sentences for Firearm Crimes

Florida Statutes § 775.087 — commonly called the "10-20-Life" law — imposes mandatory minimum prison sentences when firearms are involved in certain felony offenses:

• Possessing a firearm during commission of specified felonies: 10 years minimum
• Discharging a firearm during commission of specified felonies: 20 years minimum
• Discharging a firearm causing death or great bodily harm during specified felonies: 25 years to life minimum

Judges have no discretion to go below these minimums. The 10-20-Life law applies to robbery, burglary, sexual battery, aggravated assault, carjacking, and several other felonies. Its application is mandatory and automatic — a first-time offender who brandishes a weapon during a robbery faces a mandatory 10-year minimum sentence regardless of background, circumstances, or any mitigating factors.

Florida Felony Sentencing: The Scoresheet System

Florida uses a structured sentencing system (Fla. Stat. § 921.0024) based on a criminal punishment code scoresheet. The defendant's primary offense is scored, prior record points are added, victim injury points are added, and the resulting total determines the lowest permissible prison sentence under the guidelines. Unlike purely discretionary sentencing, Florida judges must impose at least the guideline minimum unless they find specific factors warranting a downward departure. Prosecutors can also file "habitual offender" (HO) or "habitual violent felony offender" (HVFO) enhancements that override the scoresheet and impose significantly higher mandatory minimums.

Drug Offenses and Drug Court Diversion

Florida's drug offense structure is quantity-based. Simple possession of most controlled substances is a third-degree felony (up to 5 years). Trafficking thresholds — which trigger mandatory minimum sentences — start at relatively low quantities: 28 grams of cocaine, 4 grams of opioids, 25 pounds of marijuana. Florida drug trafficking carries mandatory minimum sentences of 3 years (low-level) up to 25 years or life (highest quantities), with no judicial discretion to go below the minimum.

Most Florida counties operate drug courts offering diversion for eligible defendants — typically first-time or low-level drug offenders without violent history. Successfully completing drug court results in charge dismissal. Drug court programs involve intensive supervision, drug testing, treatment, and regular court appearances. The eligibility criteria vary by county.

Sealing and Expungement in Florida

Florida allows sealing of criminal records (Fla. Stat. § 943.059) for charges that resulted in conviction followed by successful completion of probation with adjudication withheld, and expungement (§ 943.0585) for charges that were dismissed or where the defendant was acquitted. A sealed record is not available to the public but remains accessible to law enforcement and some licensing agencies. An expunged record is physically destroyed and can generally be legally denied. Only one seal or expungement is allowed in a Florida lifetime. Certain offenses — violent felonies, sex offenses, DUI, domestic violence charges — are ineligible.