Florida Sentencing Enhancements (HFO, PRR, HVFO, 10-20-Life) 

Prison Releasee Reoffender (PRR) §775.082(9)(a)
 

When a prosecutor seeks to have a person classified as a Prison Releasee Reoffender, the court must find only two (2) things:

1. While serving a sentence of imprisonment, while on escape status, or within three years of release from prison,
2. A person attempted or committed any of the following offenses:
   a. Aggravated Battery 
   b. Aggravated Assault with a deadly weapon
   c. Aggravated Stalking
   d. Burglary of an Occupied Structure or Dwelling
   e. Armed Burglary
   f. Arson
   g. Robbery 
   h. Carjacking
   i. Home-Invasion Robbery
   j. Kidnapping
   k. Manslaughter
   l. Murder
   m. Aircraft Piracy
   n. Sexual Battery
   o. Unlawful throwing, placing, or discharging of a Destructive Device or Bomb
   p. Treason
   q. Any felony involving use or threat of physical force/violence
   r. Any felony violation of §790.07 (Using a weapon/firearm during the commission of a Felony), §800.04 (Lewd and Lascivious Offenses), §827.03 (Child Abuse), §827.071 (Sexual Performance by a child/Child pornography) or §847.0135(5) (certain computer transmissions). 

If the prosecutor proves to the Court these two things by a preponderance of the evidence (meaning more likely than not or greater weight), then a Court has NO discretion and MUST sentence a person to the following:
a. For a felony punishable by life, by a term of imprisonment for life;
b. For a felony of the first degree, by a term of imprisonment of 30 years;
c. For a felony of the second degree, by a term of imprisonment of 15 years; and
d. For a felony of the third degree, by a term of imprisonment of 5 years.

Unlike other sentencing enhancements, a PRR sentence is a MANDATORY sentence. Additionally, a person who is sentenced as a PRR is not eligible for parole, conditional release, or any form of early release from prison. A person who is sentenced as a PRR must serve 100% of their sentence and is not eligible for any gain time. 

Habitual Violent Felony Offender (HVFO) §775.084(1)(b)

A person can be classified as a Habitual Violent Felony Offender, or HVFO, if the court finds that:

1. A person has been previously convicted of a felony (or an attempt or conspiracy to commit a felony); 
2. That one or more of the prior felony convictions was for:
   a. Arson;
   b. Sexual battery;
   c. Robbery;
   d. Kidnapping;
   e. Aggravated child abuse;
   f. Aggravated abuse of an elderly person or disabled adult;
   g. Aggravated assault with a deadly weapon;
   h. Murder;
   i. Manslaughter;
   j. Aggravated manslaughter of an elderly person or disabled adult;
   k. Aggravated manslaughter of a child;
   l. Unlawful throwing, placing, or discharging of a destructive device or bomb;
   m. Armed burglary;
   n. Aggravated battery; or
   o. Aggravated stalking.
3. That the current felony the person is going to be sentenced for was committed:
   a. while the offender was in prison for a prior felony conviction or other qualified offense or
   b. within five years of the date of the last prior felony conviction or other qualified offense or 
   c. within five years of release from prison, probation, community control or other lawful commitment for a prior felony conviction or other qualified offense. 
4. The person has not received a pardon for either felony or other qualified offense that the State is using to seek HVFO AND
5. The convictions of the prior felonies or other qualified offense that the State is using to seek HVFO have not been set aside in any post conviction proceeding.

If the Court finds that a person is a Habitual Violent Felony Offender, then the Judge has discretion on whether to actually sentence them as a Habitual Violent Felony Offender. If the Judge chooses to sentence someone as an HVFO, then they can sentence a person to the following:

1. In the case of a life felony or a felony of the first degree, the court can sentence a person up to life in prison, and such person shall not be eligible for release for 15 years.
2. In the case of a felony of the second degree, the court can sentence a person up to 30 years in prison, and such person shall not be eligible for release for 10 years.
3. In the case of a felony of the third degree, the court can sentence a person up to 10 years in prison, and such person shall not be eligible for release for 5 years.