In Florida, you can be prosecuted for both felony murder and the underlying felony. These two offenses will not “merge” together into one crime. The landmark case in Florida for this rule is State v. Edmond, 476 So.2d 165 (Fla. 1985).

Additionally, the legislature has stated its intent to separately punish each separate criminal offense committed in the course of the criminal transaction except for:

1. Offenses requiring identical elements of proof;

2. Offenses that are degrees of the same offenses provided by statute; and

3. Offenses that are lesser offenses if the statutory elements are incorporated by the greater offense.