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Habitual Violent Felony Offender in Florida

Under Florida law, the court must find three things before making a determination that the defendant qualifies for enhanced sentencing provisions as a Habitual Violent Felony Offender (HVFO) under Florida Statute Section 775.084(1)(b) including:

  • Previous separate convicitons, not pardoned on the grounds of innocence or set aside in post conviction proceedings, for a felony, attempt to commit a felony or conspiracy to commit a felony and one or more of such convictions were for:

    • Arson;
    • Sexual Battery;
    • Robbery;
    • Kidnapping;
    • Aggravated Child Abuse;
    • Aggravated Abuse of Elderly or Disable Adult;
    • Aggravated Assault with a Deadly Weapon;
    • Murder;
    • Manslaughter;
    • Unlawful throw, place or discharge of a destructive device or bomb;
    • Armed Burglary;
    • Aggravated Battery; or
    • Aggravated Stalking.
  • The felony for which the Defendant is to be sentenced was committed under the following circumstances:
    • While in prison or other commitment or supervision for a prior conviction for an enumerated felony; or
    • Within 5 years of date of conviction of last prior enumerated felony, or within five (5) years of release from a prison sentence, supervision, control release, conditional release, parole, or other commitment imposed for a prior conviction for an enumerated felony, whichever is later.

Disclaimer: This summary does not explain every important aspect of Florida's Statutory Enhanced Penalties. Instead, the summary is intended to provide general information that might act as a starting point for further research.

For more information on Florida's enhanced sentencing statutes, including the habitual felony offender, violent career criminal, and prison releasee reoffender, contact the criminal defense attorneys at the Sammis Law Firm in Tampa, Hillsborough County, FL.