Below are updated enhanced penalties the Florida legislature has determined repeat offenders should be exposed to. The following sentencing designations will increase the range of penalties repeat offenders can face.
The criteria for these repeat offender designations are provided in the chart 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:
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.
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. Aggravated Abuse of the Elderly or Disabled b. Aggravated Assault c. Aggravated Child Abuse d. Aggravated Manslaughter of the Elderly or Disabled e. Aggravated Manslaughter of a Child f. Aggravated Battery g. Aggravated Stalking h. Armed Burglary i. Arson j. Kidnapping k. Murder l. Manslaughter m. Robbery n. Sexual Battery o. Throwing, Placing, or Discharging, a Destructive Device
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:
Prison Releasee Reoffender §775.082(9)(a)
To be classified as a Prison Releasee Reoffender, the court must find two (2) things: