794.0116 Sexual offenses by persons previously convicted of sexual offenses.—
(1) A person who was previously convicted of or had adjudication withheld for an offense specified in s. 943.0435(1)(h)1.a. and commits a violation of s. 800.04(5); s. 825.1025(3); s. 827.071(2), (3), (4), or (5)(a); s. 847.0135; s. 847.0137; or s. 847.0145 shall be sentenced to a mandatory minimum term of imprisonment as follows:
Statute
Mandatory Minimum
(a)
800.04(5)
10 years
(b)
825.1025(3)
10 years
(c)
827.071(2)
20 years
(d)
827.071(3)
20 years
(e)
827.071(4)
15 years
(f)
827.071(5)(a)
10 years
(g)
847.0135
10 years
(h)
847.0137
10 years
(i)
847.0145
20 years
(2) Notwithstanding s. 775.082(3), chapter 958, any other law, or any interpretation or construction thereof, a person subject to sentencing under this section must be sentenced to the mandatory term of imprisonment provided under this section. If the mandatory minimum term of imprisonment imposed under this section exceeds the maximum sentence authorized under s. 775.082, s. 775.084, or chapter 921, the mandatory minimum term of imprisonment under this section must be imposed. If the mandatory minimum term of imprisonment under this section is less than the sentence that could be imposed under s. 775.082, s. 775.084, or chapter 921, the sentence imposed must include the mandatory minimum term of imprisonment under this section.
(3) A defendant sentenced to a mandatory minimum term of imprisonment under this section is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, before serving the minimum sentence.
