What is a Second Degree Felony in Florida?

The law in Florida separates felonies into five classifications from most severe to least severe: capital, life, first-degree, second-degree, and third-degree (Section 775.082, Florida Statutes). Second-degree felonies include a number of criminal offenses that are more severe than a third-degree felony (possession of controlled substances, unarmed burglary of an unoccupied building), though not as severe as first-degree felonies (drug trafficking, aggravated child abuse, armed burglary).

A second-degree felony in Florida is differentiated from other felony classifications by the elements of the offense, the severity of the act, and the penalty attached to the offense. Several offences may be classified as a second-degree felony in Florida; these types of crimes are identified in statute and generally punishable by a term of imprisonment not exceeding 15 years.

Which Crimes Are Considered Second Degree Felonies in Florida?

In Florida, some common offenses that fall into the category of second degree felonies include:

• Extortion: A person commits a felony of a second degree where they either verbally or by written communication, maliciously threaten to - accuse another person of a crime, cause injury to the person, property, or reputation of another, expose another to disgrace, reveal any secret affecting another, with intent to extort money or any financial gain, or with intent to compel (force) the person being threatened to do any act or prevent them from acting against their will (FL Stat § 836.05).
• Lewd or Lascivious Battery: A person commits the crime of lewd or lascivious battery in the second degree where such person engages in sexual activity with another person aged 12 years or older but less than 16 years. Likewise, this also applies to any person who encourages, forces, or entices any person less than 16 years of age to engage in any act involving sexual behavior (FL Stat § 800.04).
• Dealing in Stolen Property: Any person who traffics in stolen property that they know or ought to know was stolen (FL Stat § 812.019).
• Child Abuse/Neglect: A person willfully or by culpable negligence neglects a child and, in doing so, causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree (FL Stat § 827.03).

What is Second Degree Murder and How is it Classified in Florida?

Second degree murder in Florida occurs when any human being is killed during the commission of or an attempt to commit or carry out another serious felony offense (including trafficking, arson, sexual battery, robbery, burglary, kidnapping, escape, murder, home invasion robbery, aggravated child or elder abuse, resisting an officer with violence, or aggravated stalking) by another person who is not the offender or who is not the defendant engaged in the crime or attempting to commit the crime (FL Stat § 782.04).

For instance, where Person A commits or attempts to commit an offense and a third party, i.e., a Law Enforcement/Security Officer or any person acting in self-defence, mistakenly shoots and kills the deceased or an innocent bystander, the person who was committing or attempting to commit the crime is guilty of second-degree murder. This will also apply where multiple people are engaged in a serious felony and one or more of the co-conspirators intentionally or recklessly cause the death of another person; all the other accomplices will be guilty of second-degree murder.

The difference between second-degree murder and first-degree murder is that for first-degree murder, the act of the offender is premeditated (planned and thought out). The offender deliberately intends to kill someone unlawfully and deliberately engages in or attempts to engage in a serious felony knowing that it can lead to the death of another person. In first-degree murder, it is the direct act of the offender that leads to the death of another, and not the act of a third party.

In Florida, first-degree murder constitutes a capital felony. It is punishable by the death penalty or life imprisonment. In contrast, second-degree murder constitutes a felony of the first degree and is punishable for a term of years not exceeding life imprisonment.

Another similar offense is manslaughter. Manslaughter is an act or omission that causes the death of another due to the culpable negligence of the offender or defendant. Culpable negligence is reckless conduct or careless disregard for human life or safety, in a manner that falls short of what is expected of a reasonable person. Manslaughter is a felony of the second degree (FL Stat § 782.07).

Florida Second Degree Felonies Penalties and Punishments

A conviction for a second-degree felony in Florida will generally lead to a prison sentence and fines, although there is standard prison time and fines for this class of felony offense, it might vary depending on some aggravating or mitigating circumstances. Section 775.082 of the Florida Statutes states that a felony of a second degree is punishable by a term of imprisonment of up to 15 years. Section 775.083 also sets the fine for a conviction of a felony of a first or second degree at $10 000. However, in cases of extortion, embezzlement, or in any case where the offender derived pecuniary gain (money) from the offense, the fine will be a higher amount equal to or double the said gain the offender got from the offense, or double the pecuniary loss suffered by the victim.

The court may also impose an extended term of imprisonment or a mandatory minimum term of imprisonment where the offender is either a habitual felony offender, a three-time violent felony offender, or a violent career criminal.

In imposing a sentence, the court will consider certain factors that may aggravate (worsen) or mitigate (reduce) the defendant's sentence. These factors include the severity of the offense, use of a firearm, whether a victim was injured, the defendant's lack of or evidence of criminal history, cooperation with law enforcement, prior conviction, act done by a minor or person under duress, and offender status. Other penalties imposed on the discretion of the judge include felony probation, parole, house arrest, etc. The table below summaries penalties typically imposed per offense.

Are Second Degree Felony Records Public in Florida?

Yes. In accordance with section 119.01 of the Florida Public Records Statutes, all records of state, county, and municipal public agencies are open for inspection and copying by any person. However, the same law provides for a category of records or information that are exempt from public disclosure.

Records that may constitute second-degree felony records or that contain information related to second-degree felony arrest, trial, investigation, or prosecution may be redacted or expressly prohibited from public disclosure. For example, Criminal History Record Information is not a public record in Florida. It can only be accessed by the person who owns the record. Nonetheless, members of the public may access public second-degree felony records, including records of the arrest and related court records, through public terminals or online databases provided by the relevant custodians.

In line with the section 119.07 of the Florida Public Records Statute, the following records are examples of confidential or sensitive records usually exempt from public disclosure in the state:

• Sealed or expunged records
• Information that may reveal the identity of a victim of child abuse or a person below 18 who is a victim of human trafficking
• Information that may reveal the identity of a victim of any sexual offense or any media evidence of the body of the victim
• Criminal History Record Information
• Juvenile Records.

How to Access Second Degree Felony Court Records in Florida

Circuit courts in Florida have jurisdiction to hear all criminal felony matters that are not within the ordinary jurisdiction of county courts, making it one of the first points of contact in a search for felony court records within the state. To access second-degree felony court records in Florida, the searcher must know the name or names of the parties in the case and identify the circuit court with jurisdiction in the county where the case was filed. Another important research resource is utilizing online case management systems.

• Find and contact the court with jurisdiction over the case: In order to do this, one must first identify the county where the defendant(s) was arrested and contact the circuit court serving the county in question. If it is a case that has progressed to an appellate court, the searcher may contact the more recent court for an updated copy of the Florida second-degree felony court record. Interested persons may find the contact information and location of all courts in the state through the Florida Court website. Once identified, send a record request to or visit the Circuit or Appellate court clerk to inspect or obtain the record sought.
• Florida Online Public Docket: The Florida Court’s website has an Appellate Case Information System where all members of the public whether registered users or not can find court records online by case search (case number, case type, filing date), party search (party name, role, and case information), search court calendars and locations and other court documents.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Second-degree felony charges in Florida can be reduced or dismissed. Reduced charges can be achieved through a plea bargain. A plea bargain is a negotiation between the prosecutor and the defendant (representing themselves) or a defense attorney. It is always advised to consult a lawyer or have the defense attorney represent an offender in a plea bargain. The purpose is for the prosecution and defense to discuss and agree on the plea(s) of guilty or no contest plea to a charged offense, or a reduced sentence. The guarantee is that the prosecution will withdraw some charges, agree to a specific sentence, and inform and advise the trial judge of their agreement. A plea bargain is not binding on the judge; parties must explain the reason for the agreement before the judge may accept or otherwise reject the plea (Exhibit 2 FRCP 3.171).

A second-degree felony charge in Florida is dismissed where the case is closed without a conviction. Dismissal of charges does not mean the defendant was found not guilty (acquittal). Criminal charges may be dismissed for lack of sufficient evidence, mistaken identity, violation of constitutional rights, illegal search and seizure, failure to read Miranda rights), where charges are dropped by the prosecution or error in substantive documents (criminal complaint).

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Florida?

According to section 943.0584 Florida Statutes, a second-degree felony or murder criminal history record is ineligible for a court-ordered expunction or a certificate of eligibility for sealing or expunction if the record is a conviction record. That means where an offender has been determined as guilty of commission of a second-degree felony, or the defendant pled guilty or no contest, regardless of the fact that formal conviction was withheld (the defendant was instead placed on probation or fined), the defendant was a minor, or if the act was a delinquent act, such second degree felony or murder records (arrest, criminal court record, and record of prosecution) cannot be expunged in Florida.

It is possible to expunge or seal a second-degree felony or murder record in the following cases. A person is eligible to petition a court to expunge a second degree criminal record if:

• No charges or indictment was filed or issued in the case giving rise to the record
• Although an indictment or charging documents were filed or issued in the extant case, all such charges were dismissed by a court of competent jurisdiction, nolle prossed by state attorney or prosecutor, or a judgment of acquittal or verdict of not guilty was rendered by a judge or jury.
• The applicant has never, at the date of the application, been found guilty by a court or convicted as an adult offender or minor for committing any felony or certain misdemeanors unless previously expunged.

How Long Do Second-Degree Felony Records Stay Public in Florida?

In Florida, second-degree felony records will remain on a person's record permanently. These records may likely be accessible through courts, law enforcement agencies, and other public custodians. Individuals who are eligible to have their felony records sealed or expunged may file a petition in that respect in order to make it a nonpublic record and remove all copies of it from publicly accessible databases.