Florida Sentencing Enhancements

The legislature has determined that repeat offenders should be subject to the possibility of enhanced penalties if they should continue to commit crimes. Below is a brief explanation of Florida's enhanced statutorily penalties.

Habitual Felony Offender §775.084(1)(A)

A person is eligible to be classified as a habitual felony offender if the court finds that:

1. The offender has been previously convicted of a combination of two (2) or more felonies or qualified offenses.
2. The current felony the offender is to be sentenced for was committed while the offender was in prison for a prior conviction of a felony or other qualified offense or within five years of the date of the last prior felony or other qualified offense conviction or within five years of release from prison or other commitment.
3. The current felony the offender is to be sentenced for and one of the two prior convictions does not fall under Section 893.13, Florida Statutes (purchase/possession).

Habitual Violent Felony Offender §775.084(1)(B)

A person is eligible to be classified as a habitual felony offender if the court finds the following two things.

1. The offender has a previous, separate conviction (not pardoned or set aside), for a felony, attempted felony, or conspiracy to commit a felony and one or more of these convictions were for either:
   1. Arson
   2. Sexual Battery
   3. Robbery
   4. Kidnapping
   5. Aggravated Child Abuse
   6. Aggravated Abuse of the Elderly or Disabled
   7. Aggravated Assault
   8. Murder
   9. Manslaughter
   10. Aggravated Manslaughter of the Elderly or Disabled
   11. Aggravated Manslaughter of a Child
   12. Throwing, Placing, or Discharging, a Destructive Device
   13. Armed Burglary
   14. Aggravated Battery
   15. Aggravated Stalking
2. The current felony to be sentenced for is an enumerated offense and was committed while serving a sentence for a conviction of an enumerated offense or within five years of the date of conviction or release for an enumerated offense.

Violent Career Criminal §775.084(1)(D)

To be classified as a violent career criminal, the court must find 3 things:

1. Three or more previous, separate adult convictions (not pardoned/set aside) for offense or other qualified offense that is:
   1. Forcible Felony §776.08
   2. Aggravated Stalking §784.048(3) & (4)
   3. Aggravated Child Abuse §827.03(2)
   4. Aggravated Abuse of the Elderly or Disabled §825.102(2)
   5. Lewd and Lascivious Conduct §800.04
   6. Escape §944.40
   7. Felony (Use or Possession of a Firearm) §790
2. The Defendant has been incarcerated in state or federal prison; and
3. Felony to be sentenced for is an enumerated offense AND was committed on or after 10/1/95 AND; while serving sentence for conviction of enumerated offense; OR within 5 yrs of date of conviction or release for enumerated offense.

Prison Releasee Reoffender §775.082(9)(a)

To be classified as a Prison Releasee Reoffender, the court must find two (2) things:

1. While serving sentence of imprisonment, on escape status, or within three years of release, the Defendant
2. Attempted or committed any of the following offenses:
   1. Treason
   2. Murder
   3. Manslaughter
   4. Sex Battery
   5. Carjacking
   6. Home-Invasion Robbery
   7. Robbery
   8. Arson
   9. Kidnapping
   10. Aggravated Assault
   11. Aggravated Battery
   12. Aggravated Stalking
   13. Aircraft Piracy
   14. Throwing, Placing, or Discharging, a Destructive Device
   15. Any felony involving use or threat of physical force/violence
   16. Armed Burglary
   17. Burglary of an Occupied Structure or Dwelling
   18. Any §790.07, §800.04, §827.03, or §827.071 felony.