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Misdemeanors are offenses lower than felonies and generally those punishable by fine, penalty, forfeiture or imprisonment otherwise than in the county jail as opposed to the state prison. In Florida, a misdemeanor is defined as “any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term ‘misdemeanor’ shall not mean a conviction for any non-criminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.”


There are two classifications of misdemeanors in Florida and the maximum sentences and fines as follows:

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Classification of Misdemeanors

Misdemeanor of the First Degree


Misdemeanor of the Second Degree

Maximum Sentence/Fines

Imprisonment not exceeding 1 year and a $1000.00 fine

Imprisonment not exceeding 60 days and

a $500.00 fine