775.0845 Wearing mask while committing offense; reclassification.
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/fl/title-xlvi/chapter-775/775-0845A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12 - 876.15 , shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.
(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.