Florida Sentencing Enhancements

The Florida legislature has determined that repeat offenders should be exposed to enhanced penalties and has created the following sentencing designations to increase the range of penalties repeat offenders can face.

The criteria for these repeat offender designations are provided in the table below:

  HFO HVFO VCC PBL
Sentencing Discretionary Discretionary Discretionary Mandatory
Gain Time Eligible Eligible Eligible Ineligible
Life Felony Life in prison. Up to life in prison.

Ineligible for early release during the first 15 years of the sentence.
Life in prison. Up to life in prison.

Must serve 100‰ of sentence and ineligible for early release.
First Degree Felony Life in prison. Up to 30 years in prison.

Ineligible for early release during first 10 years of sentence.
Life in prison. Up to 30 years in prison.

Must serve 100‰ of sentence and ineligible for early release.
Second Degree Felony Up to 30 years in prison. Up to 30 years in prison.

Ineligible for early release during first 10 years of sentence.
Up to 40 years in prison.

Ineligible for early release during first 30 years of sentence.
Up to 15 years in prison.

Must serve 100‰ of the sentence and ineligible for early release.
Third Degree Felony Up to 10 years in prison Up to 10 years.

Ineligible for early release during first 5 years of sentence.
Up to 15 years in prison.

Ineligible for early release during the first 10 years of sentence.
Up to 5 years in prison.

Must serve 100‰ of sentence and ineligible for early release.

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 or possession of a controlled substance).

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. Aggravated Abuse of the Elderly or Disabled
    2. Aggravated Assault
    3. Aggravated Child Abuse
    4. Aggravated Manslaughter of the Elderly or Disabled
    5. Aggravated Manslaughter of a Child
    6. Aggravated Battery
    7. Aggravated Stalking
    8. Armed Burglary
    9. Arson
    10. Kidnapping
    11. Murder
    12. Manslaughter
    13. Robbery
    14. Sexual Battery
    15. Throwing, Placing, or Discharging, a Destructive Device
  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. Aggravated Abuse of the Elderly or Disabled §825.102(2)
    2. Aggravated Child Abuse §827.03(2)
    3. Aggravated Stalking §784.048(3) & (4)
    4. Escape §944.40
    5. Felony use or possession of a Firearm §790
    6. Forcible Felony §776.08
    7. Lewd and Lascivious Conduct §800.04
  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 a sentence of imprisonment, while on escape status, or within three years of release from prison, the Defendant
  2. Attempted or committed any of the following offenses:
    1. Aggravated Assault
    2. Aggravated Battery
    3. Aggravated Stalking
    4. Aircraft Piracy
    5. Armed Burglary
    6. Arson
    7. Burglary of an Occupied Structure or Dwelling
    8. Carjacking
    9. Home-Invasion Robbery
    10. Kidnapping
    11. Manslaughter
    12. Murder
    13. Robbery
    14. Sexual Battery
    15. Throwing, Placing, or Discharging, a Destructive Device
    16. Treason
    17. Any felony involving use or threat of physical force/violence
    18. Any §790.07, §800.04, §827.03, or §827.071 felony.

Contact Criminal Defense Lawyer Richard Hornsby

If you are facing repeat offender sentencing in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.