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  6.  » Habitual Felony Offender – FSS 775.084(1)(a)

Habitual Felony Offender – FSS 775.084(1)(a)

In order for a defendant to be found a habitual felony offender, the court must find the following three things:

1. Previous separate conviction of any combination of two or more felonies in the state of Florida or any combination of two or more qualifying offenses in another state

2. The felony for which the defendant is to be sentenced was committed

a. While in prison or other commitment for a prior conviction of a felony or other qualifying offense; or

b. Within five years of the date of the last prior felony or other qualifying offense, whichever is later

3. Felony for which the defendant is to be sentenced and one of the two prior felony convictions is not a violation of Section 893.13 relating to the purchase or the possession of a controlled substance.

Discretionary enhanced punishments:

Third-degree felony, up to 10 years

Second-degree felony, up to 30 years

First-degree felony, life

Life felony, life