The difference between a felony and a misdemeanor in Florida is defined by where a sentence may be served, and that single distinction drives the penalty ceiling, the limitation period, and which department of the court handles the file.
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Or call (813) 588-6602Florida Statute 775.08(1) defines a felony as any criminal offense punishable under Florida law, or that would be punishable if committed in this state, by death or by imprisonment in a state penitentiary, and states that a sentence imposed on conviction of a felony does not exceed one year unless served in a state penitentiary. Subsection (2) defines a misdemeanor as any criminal offense punishable by a term of imprisonment in a county correctional facility not in excess of one year. Subsection (3) defines a noncriminal violation as an offense for which the only penalty may be a fine, forfeiture, or other civil penalty, and states that it does not mean any conviction for a criminal offense.
Florida Statute 775.082 sets the terms of imprisonment. A felony of the first degree carries a term not exceeding 30 years, or, where specifically provided by the statute defining the offense, a term of years not exceeding life imprisonment. A felony of the second degree carries a term not exceeding 15 years, and a felony of the third degree a term not exceeding 5 years. A misdemeanor of the first degree carries a definite term not exceeding 1 year, and a misdemeanor of the second degree a definite term not exceeding 60 days.
Florida Statute 775.083 sets the fine ceilings, which apply in addition to any term of imprisonment unless otherwise provided: $15,000 for a life felony or a felony of the first degree in the circumstances stated, $10,000 for a felony of the first or second degree, $5,000 for a felony of the third degree, $1,000 for a misdemeanor of the first degree, and $500 for a misdemeanor of the second degree or a noncriminal violation.
Florida Statute 921.0024 sets out the Criminal Punishment Code worksheet. Sentence points are assigned for the primary offense by severity level, for additional offenses by level and count, and for victim injury at the graduated levels the worksheet lists, with a separate prior record score. The worksheet adds points where the offender possessed a firearm during a qualifying felony, and applies multipliers in circumstances the statute names, including domestic violence in the presence of a child under 16 who is a family or household member as defined in Florida Statute 741.28.
Florida Statute 775.15 provides that a prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. Otherwise, and except as the statute provides elsewhere, a prosecution for a felony of the first degree must be commenced within 4 years, a prosecution for any other felony within 3 years, a prosecution for a misdemeanor of the first degree within 2 years, and a prosecution for a misdemeanor of the second degree or a noncriminal violation within 1 year. The statute states that an offense is committed when every element has occurred, or, where a legislative purpose to prohibit a continuing course of conduct plainly appears, when that course of conduct is terminated, and that time starts to run on the day after the offense is committed.
Classification also reaches collateral matters. Florida Statute 790.23 makes possession of a firearm or ammunition unlawful for a person convicted of a Florida felony.
This page offers general information about Florida sentencing classification statutes. It is not legal advice and predicts nothing about any charge or sentence. Anyone facing a Florida charge should have a licensed Florida attorney review the specific degree and subsection alleged.
Felony vs Misdemeanor in Florida: Classification and Ceilings in Tampa. Call (813) 588-6602 and a Tampa lawyer reviews the claim and the deadline that applies. Nothing is signed on that call.
Call (813) 588-6602Florida Rule of Criminal Procedure 3.130 requires that every arrested person not already released in a lawful manner be taken before a judicial officer within 24 hours of arrest, in person or by electronic audiovisual device at the court's discretion. At that hearing the judge must state the charge, provide a copy of the complaint, and advise the person of the right to remain silent and the right to counsel. Rule 3.133 sets a separate 48-hour limit for a nonadversary probable cause determination when the defendant is in custody.
Why it matters: In Hillsborough County that hearing is normally run by video link from the county jail, and release conditions are addressed at it. Rule 3.130(c)(2) also requires the judge to allow a defendant who is hiring counsel reasonable time to send for that lawyer and, on request, to have an officer carry a message to a named lawyer inside the county at no cost. That makes the first day after an arrest the point at which counsel matters most.
Source: flcourts.gov
Administrative Order S-2025-063 of the Thirteenth Judicial Circuit adopts the statewide uniform bond schedule for Hillsborough County without change, effective January 1 through December 31, 2026. The order states the schedule applies only to the booking officer and does not bind a judge. It also excludes a long list of arrests: capital, life, first- and second-degree felonies, homicide, felony battery, domestic battery by strangulation, and domestic violence under Florida Statutes 741.28. The list continues with stalking, robbery, burglary, carjacking, kidnapping, trafficking in a controlled substance, and violation of a protective injunction. It reaches anyone on pretrial release, probation or community control at the time of a felony arrest, and anyone arrested three or more times in the preceding six months.
Why it matters: It decides whether anyone can be bonded out at the jail counter or has to wait for a judge. For every excluded charge there is no pre-first-appearance release, and the judge then makes an individualized determination under Florida Statutes 903.011(6) and 903.046 and Rule 3.131. Prior supervision status and recent arrest history change the answer even when the charge itself is minor.
Source: fljud13.org
The Hillsborough County Clerk of Court states that after a felony arrest the county jail sends the initial paperwork to the Clerk's felony department. That department prepares the official court file, including the original arrest document and any release forms, and forwards it to the Office of the State Attorney. The State Attorney then determines whether to file formal charges. Once charges are filed with the Clerk, the defendant is notified by mail of an arraignment date, sent to the address provided at the time of arrest, and the bail bond agent is also notified if the defendant bonded out. The felony department cannot change a court date once notice has gone out.
Why it matters: An arrest is not a filed charge, and the gap between them is where people assume a case has gone away. The notice that resumes it goes to whatever address was recorded at booking, so anyone who moved, or who gave a temporary address, can miss a court date they never saw. Missing it does not pause the case.
Source: hillsclerk.com
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