Florida’s 10-20-Life Law
By Jasmin Hernandez Du Bois & Hudson Llanes
The below article is published for purely informational purposes, and is not and should not be considered legal advice, or a representation of appearance, retainment, or any other type of attorney-client relationship.
What is Florida's 10-20-Life Law?
Florida’s 10-20-Life Law is a mandatory minimum sentencing statute Fla. Stat. § 775.087 (2024) that applies when a firearm or destructive device is used during the commission of certain violent or nonviolent felonies (listed below).
Key point to understand: Sentencing is imposed in addition to underlying charges, with no eligibility for parole or sentence reduction.
The 10-20-Life Law applies when a firearm is used during the commission of the following felonies:
Violent Felonies: Murder, sexual battery, robbery, carjacking, aggravated battery, kidnapping, aggravated child abuse or abuse of an elderly/disabled person, unlawful throwing/placing of a bomb, and human trafficking.
Property & Public Safety Crimes: Burglary, Arson, Escape, Aircraft piracy, Aggravated Stalking.
Drug Offenses: Capital Importation & Trafficking: cannabis, cocaine, illegal drugs (heroin/opioids), phencyclidine (PCP), methaqualone, amphetamine, flunitrazepam, GHB, and Phenethylamines.
Legislative History 10-20-Life:
The law was enacted in 1999 in response to rising gun violence in Florida during the 1990s. It was modeled on California’s 10-20-Life statute, which had been imposed 2 years prior in 1997. Upon its legislative proposal, the intentions of Florida lawmakers were clear: to combat the growing violence with harsher penalties for gun-related crimes. The bill opened with the statement that “Florida ranks among the most violent states in the nation.” Legislators explicitly stated that the law was intended to “hold criminals more accountable” and to ensure that
individuals who use guns in the commission of violent crimes face significantly harsher penalties.
Over the years, critics have challenged the strict nature of the law, arguing that mandatory sentencing undermines the principles of individualized sentencing, proportionality of punishments, and appropriate treatment of youth offenders (Ferrell, 2012, pp. 23-24).
Legislative reforms have reflected these critiques. In 2016, key amendments removed aggravated assault from the list of offenses subject to 10-20-Life’s mandatory minimums, allowing for greater prosecutorial and judicial discretion in sentencing. As of 2026, the law has evolved in several respects; however, despite these revisions, the prohibition on gain time remains, prohibiting the Department of Corrections from commuting someone’s sentence based on good behavior, or their status as a trustee.
Sentencing Enhancements: The sentencing enhancements operate on a gradual ascending structure, ranging from 10-year minimums to life imprisonment.
3-Year Exception: If the conviction is for ‘possession of a firearm by a felon’ or ‘burglary of conveyance.’ and you have no prior felony convictions governed by Florida Statute § 775.084(1)(b)1.
10-Year Minimum (Possession): If a person possesses a firearm during the commission/attempt of a qualifying felony, and if you are charged with possession of a firearm with a previous felony conviction, as cited above.
15-Year Minimum (Possession of Semi-Automatic Weapon): If the weapon is a
semi-automatic firearm with a high-capacity magazine (>20 rounds) or a machine gun.
20-Year Minimum (Discharge): If a person discharges a firearm during the commission of a qualifying felony, regardless of whether the discharge results in harm.
25-to-Life Minimum (Discharge + Great Bodily Harm or Death): If discharge results in death or great bodily harm during the commission of a qualifying felony.
Discretionary Gain: Time and eligibility after a 10-20-Life conviction
Discretionary gain time refers to the reduction of an inmate’s sentence as a reward for good behavior while incarcerated. Under Florida Statute § 944.275(1), the Florida Department of Corrections has the authority to reduce sentencing in the form of gain time to encourage good behavior and institutional compliance among the prison population. Further, disciplinary actions while in prison can remove gain time earned; it is entirely at the discretion of the DOC facility.
If convicted of 10-20-Life, are you eligible for discretionary gain time?
No. Individuals sentenced under the 10-20-Life statute are strictly ineligible for any form of discretionary gain time, statutory gain time, or incentive gain time until they have served 100 percent of the mandatory minimum portion of their sentence. Florida Statute § 775.087(2)(b) explicitly states that an individual sentenced under its mandatory minimum provisions is not eligible for game time under § 944.275 or any other form of discretionary early release during the mandatory minimum term.
Sources:
Ferrell, Steven W., Jr. Florida's 10-20-Life Mandatory Minimum Sentencing: More Unjustifiable Unintended Consequences. 2012. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2198028
Florida Senate, Professional Staff of the Appropriations Subcommittee on Criminal and Civil Justice. CS/SB 328 Bill Analysis and Fiscal Impact Statement. 2 Apr. 2021. https://www.flsenate.gov/Session/Bill/2021/328/Analyses/2021s00328.acj.PDF
Florida. Florida Statutes, section 775.087. 2024. https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/07 75/Sections/0775.087.html
Florida. Florida Statutes, section 944.275. 2024.https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-09 99/0944/Sections/0944.275.html