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Florida Statutory Enhanced Penalties

HFO -- 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).

The court MAY sentence the habitual felony offender as follows:

      1. For a life felony or a felony of the first degree, for life.     

      2. For a felony of the second degree, for a term of years not exceeding 30.     

      3. For a felony of the third degree, for a term of years not exceeding 10.

 

HVFO -- 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 (2) 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:

          a) Arson

          b) Sexual Battery

          c)  Robbery

          d) Kidnapping

          e) Aggravated Child Abuse

          f) Aggravated Abuse of the Elderly or Disabled

          g) Aggravated Assault with deadly weapon

          h) Murder

          i) Manslaughter

          j) Aggravated Manslaughter of the Elderly or Disabled

          k) Aggravated Manslaughter of a Child

          l) Throwing, Placing, or Discharging, a Destructive Device or bomb

          m) Armed Burglary

          n) Aggravated Battery

          o) 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.

The court MAY sentence the habitual violent felony offender as follows:     

     1. For a life felony or a felony of the first degree, for life, and offender shall not be eligible for release for 15 years.     

     2. For a felony of the second degree, for a term of years not exceeding 30, and offender shall not be eligible for release for 10 years.     

     3. For a felony of the third degree, for a term of years not exceeding 10, and offender shall not be eligible for release for 5 years.

VCC -- Violent Career Criminal §775.084(1)(D)

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

1.  Three or more previous, separate adult convictions (not pardoned/set aside) for offense or other qualified offense that is:

          a) Forcible Felony §776.08

          b) Aggravated Stalking §784.048(3) & (4)

          c) Aggravated Child Abuse §827.03(2)

          d) Aggravated Abuse of the Elderly or Disabled §825.102(2)

          e) Lewd and Lascivious Conduct §800.04 or 847.0135(5)

          f) Escape §944.40

            g) 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.

The court SHALL sentence the violent career criminal as follows:     

     1. For a life felony or a felony of the first degree, for life.     

     2. For a felony of the second degree, for a term of years not exceeding 40, with a mandatory minimum term of 30 years' imprisonment.     

     3. For a felony of the third degree, for a term of years not exceeding 15, with a mandatory minimum term of 10 years' imprisonment.

 

PRR -- 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:

        a. Treason;
          b. Murder;
          c. Manslaughter;
          d. Sexual battery;
          e. Carjacking;
          f. Home-invasion robbery;
          g. Robbery;
          h. Arson;
          i. Kidnapping;
          j. Aggravated assault with a deadly weapon;
          k. Aggravated battery; 
           l. Aggravated stalking;
          m. Aircraft piracy;
          n. Unlawful throwing, placing, or discharging of a destructive device or bomb;
          o. Any felony that involves the use or threat of physical force or violence against an individual;
          p. Armed burglary;
          q. Burglary of a dwelling or burglary of an occupied structure; or
          r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5);

Defendant is not eligible for sentencing under the sentencing guidelines and MUST be sentenced as follows:

          1. For a felony punishable by life, by a term of imprisonment for life
          2. For a felony of the first degree, by a term of imprisonment of 30 years; 
          3. For a felony of the second degree, by a term of imprisonment of 15 years; and 
          4. For a felony of the third degree, by a term of imprisonment of 5 years.