Sentencing Enhancements

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.

• Habitual Felony Offender (HFO)
• Habitual Violent Felony Offender (HVFO)
• Violent Career Criminal (VCC)
• Prison Releasee Reoffender (PBL)

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:

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: 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
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: a. Aggravated Abuse of the Elderly or Disabled §825.102(2) b. Aggravated Child Abuse §827.03(2) c. Aggravated Stalking §784.048(3) & (4) d. Escape §944.40 e. Felony use or possession of a Firearm §790 f. Forcible Felony §776.08 g. 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: a. Aggravated Assault b. Aggravated Battery c. Aggravated Stalking d. Aircraft Piracy e. Armed Burglary f. Arson g. Burglary of an Occupied Structure or Dwelling h. Carjacking i. Home-Invasion Robbery j. Kidnapping k. Manslaughter l. Murder m. Robbery n. Sexual Battery o. Throwing, Placing, or Discharging, a Destructive Device p. Treason q. Any felony involving use or threat of physical force/violence r. Any §790.07, §800.04, §827.03, or §827.071 felony.