Florida Prison Releasee Reoffender — FSS 775.082(9)(a)(1)

While a serving a sentence of imprisonment on escape status or within three years release from a facility operated by the Department of Corrections or a private vendor facility, the defendant commits or attempts to commit:

a. Treason

b. Murder

c. Manslaughter

d. Sexual battery

e. Carjacking

f. Home invasion robbery

g. Robbery

h. Arson

i. Kidnapping

j. Aggravated assault

k. Aggravated battery

l. Aggravated stalking

m. Aircraft piracy

n. Unlawful throwing, placing or discharging of a destructive device or a bomb

o. Any felony that involves the use or threat of physical force or violence against an individual

p. Armed burglary

q. Burglary of an occupied structure or dwelling

r. Any felony violation of FSS Sections 790.07, 800.04, 827.03, or 827.071

Mandatory enhanced punishments (unless the state attorney determines extenuating circumstances):

Third-degree felony, a mandatory minimum of five years

Second-degree felony, a mandatory minimum of 15 years

First-degree felony, a mandatory minimum of 30 years

Life felony, a mandatory minimum of life

Three-Time Violent Felony Offender — FSS Section 775.084(1)(c)

In order for a defendant to be found a three-time violent felony offender, the court must find two things:

1. Two or more prior adult convictions for enumerated felonies

a. Arson

b. Sexual battery

c. Robbery

d. Kidnapping

e. Aggravated child abuse

f. Aggravated abuse of an elderly or disabled adult

g. Aggravated assault with a deadly weapon

h. Murder

i. Manslaughter

j. Aggravated manslaughter of an elderly or disabled adult

k. Aggravated manslaughter of a child

l. Unlawful throwing, placing or discharging of a destructive device or a bomb

m. Aggravated battery

n. Aggravated stalking

o. Home invasion or home robbery

p. Carjacking

q. Violation of a law of another jurisdiction if the elements are substantially similar to the above enumerated offenses or attempts, and

2. The felony for which the defendant is to be sentenced is an enumerated offense and was committed:

a. While the defendant was serving a sentence for a conviction of an enumerated offense, or

b. Within five years after date of conviction or release from a sentence for conviction of an enumerated offense

Mandatory enhanced punishments:

Third-degree felony, a mandatory minimum of five years

Second-degree felony, a mandatory minimum of 15 years

First-degree felony, a mandatory minimum of 30 years

Life felony, a mandatory minimum of life