Florida’s HVFO Law Explained

August 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s HVFO law is not widely understood. But this law is a “big nasty” in sentencing for someone convicted of a felony after having been convicted of one or more prior enumerated violent felonies. HVFO (Habitual Violent Felony Reoffender) is a sentencing classification that permits the court to impose extended terms of imprisonment – including harsh mandatory minimum prison terms – upon those who qualify.

But who qualifies? This blog will discuss Florida’s HVFO law (Fla. Stat. 775.084), what it means for someone charged with a felony who has a prior enumerated felony on the record, and next steps.

A defendant in Florida qualifies as a Habitual Violent Felony Offender when the following is found by the court:

• The defendant has previously been convicted of a felony, an attempt to commit a felony, or conspiracy to commit a felony in Florida 
• At least one of these convictions must be for an enumerated felony: murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, aircraft piracy, aggravated child abuse, aggravated abuse of an elderly or disabled victim, unlawful throwing, placing or discharging of a bomb, or aggravated stalking
• The prior conviction(s) must not have been pardoned on grounds of innocence or set aside in post-conviction proceedings
• The prior convictions must not be for violations of Fla. Stat. 893.13 (purchase or possession of a controlled substance)

In addition to meeting these criteria, someone may only face sentencing as a Habitual Violent Felony Offender (HVFO) if any of the following are true of the felony they are currently being sentenced for:

• The felony was committed while the defendant was serving a prison sentence (such as attempted escape), probation, community control, or other supervision for a prior enumerated felony, or
• Within 5 years of the date of the defendant’s last prior conviction for an enumerated felony, or
• Within 5 years of a defendant’s release from prison, control release, conditional release, parole, or other commitment imposed at sentencing for a prior enumerated felony

If the above criteria are satisfied, the State can file a notice to seek a HVFO enhancement. If this is done, the court may – but is not required to – impose a sentence in line with what the HVFO statute authorizes. 

The sentencing is discretionary, so a court may ultimately elect not to sentence a defendant in line with what HVFO permits. An experienced and aggressive Florida defense attorney may make the difference here, making it critical to find one as soon as possible if someone is facing possible sentencing under HVFO. 

When a defendant is found to qualify and is sentenced as HVFO, enhanced penalties authorized by Fla. Stat. 775.084 may include:

• For a life or first-degree felony: Up to life in prison with a mandatory minimum 15-year sentence
• For a second-degree felony: Up to 30 years in prison (double the typical maximum of 15 years in prison) with a mandatory minimum of 10 years
• For a third-degree felony: Up to 10 years in prison (double the typical maximum of 5 years in prison) with a mandatory minimum of 5 years

Given all of this information, it can be difficult to understand how HVFO truly works in practice.

An HVFO example case would be:

• A defendant is convicted of a second-degree felony, such as aggravated battery. If the defendant had a prior robbery conviction (enumerated felony) within the last 5 years, the State could apply for HVFO designation – and the defendant could receive up to 30 years in prison for the aggravated battery (with a 10-year minimum) if sentenced accordingly.

Note: If the court finds upon the State’s motion that the defendant meets HVFO criteria, a separate sentencing proceeding is then held to determine whether to apply the HVFO enhancement at final sentencing.

Florida’s courts have held that if someone is wrongly sentenced under HVFO, this can be corrected at any time during their sentence (the defendant may be resentenced even if already serving a prison term). Suarez v. State, 974 So.2d 451 (Fla. 3d. DCA 2008)

Key features of HVFO include:

• Discretionary application: Unlike Prisoner Releasee Reoffender (mandatory), HVFO does not have to apply to a defendant who qualifies (ultimately the court’s decision)
• Individuals sentenced under HVFO are eligible for gain time
• Unlike the Habitual Felony Offender (HFO) statute, HVFO requires at least one prior conviction be for a violent felony listed in the statute
• HVFO sentences are exempt from typical guidelines under Fla. Stat. 921.002 (allowing for extended terms beyond what standard guidelines would typically allow)

In sum, HVFO is a potentially very serious sentencing enhancement for anyone who qualifies in Florida. If a judge chooses to grant the State’s motion to sentence a defendant under Florida’s HVFO statute, they may face extremely harsh mandatory minimum sentences (and maximum sentences twice as lengthy as typically authorized).

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with an offense that may trigger HVFO sentencing. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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