PRR, HFO and HVFO Sentencing in Florida

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

In Florida, Prisoner Releasee Reoffender (PRR), Habitual Felony Offender (HFO) and Habitual Violent Felony Offender (HVFO) are sentencing enhancements under Fla. Stat. 775.082 and Fla. Stat. 775.084. These designations were created to impose harsh penalties upon certain defendants who are convicted of felonies and have previously been convicted of other felony offenses – especially in the recent past. 

Even for those who are familiar with these sentencing enhancements, it is often difficult to distinguish between them. But there are key similarities and differences between sentencing under PRR, HFO, and HVFO designations in Florida. This article will explore them.

PRR Sentencing in Florida

A defendant qualifies as a PRR (Prisoner Releasee Reoffender) if they commit an additional qualifying felony (including murder, sexual battery, robbery, burglary, aggravated assault, treason, etc.) within 3 years of release for a felony from a state or federal prison – or while serving a sentence, or on escape status for a prior felony.

If someone is sentenced as a PRR in Florida, courts must impose the maximum statutory penalty for the offense with no discretion to downward depart. In practical terms, this means:

• If a defendant is convicted of a life felony or first-degree felony punishable by life (PBL), they must serve life in prison with no possibility of parole or shortening of the sentence
• If a defendant is convicted of a first-degree felony (punishable by up to 30 years in prison), they must serve all 30 years
• If a defendant is convicted of a second-degree felony (punishable by up to 15 years in prison), they must serve all 15 years
• If a defendant is convicted of a third-degree felony (punishable by up to 5 years in prison), they must serve all 5 years

If the State seeks sentencing under Florida’s PRR statute, they must prove each and every element of the PRR requirements.

If these elements are established by a preponderance of the evidence, the judge must sentence the defendant as a PRR:

• The felony that was committed is an enumerated felony under 775.082(9)(a)(1) (murder, manslaughter, sexual battery, armed robbery, burglary, aggravated assault or battery, carjacking, home invasion robbery, kidnapping, lewd or lascivious offenses, arson, abuse of elderly/disabled adults, escape from custody)
• The offense was committed within 3 years of the defendant’s release from prison
• The defendant’s previous prison sentence was for a felony or attempted felony
• The defendant has not been pardoned and the conviction has not been set aside

For a defendant to qualify as a Habitual Felony Offender (HFO) at sentencing, the following must be established by the State:

• The defendant has two or more prior felony convictions in Florida or other qualifying offenses (not pardoned or set aside)
• The current felony was committed while serving a sentence, on supervision (parole) or within 5 years of a prior felony conviction or release from prison/supervision
• The current felony and at least one prior felony are not the purchase or possession of controlled substances (Fla. Stat. 893.13)

Unlike PRR, a defendant is not required to be sentenced under HFO if they qualify. The court retains discretion to sentence or not sentence the defendant under this statute (Fla. Stat. 775.084).

HFO Sentencing in Florida

If someone is sentenced as HFO, the court is permitted to increase the maximum statutory sentence by a factor of two. In practice, this means:

• If the defendant is convicted of a life felony or first-degree felony, the judge may sentence them to up to life in prison (despite first-degree felony typical cap of 30 years)
• If the defendant is convicted of a second-degree felony, the judge may sentence them to up to 30 years in prison (double the typical 15-year cap)
• If the defendant is convicted of a third-degree felony, the judge may sentence them to up to 10 years in prison (double the typical cap of 5 years)

A court can permissibly sentence a defendant as a PRR and enhance using HFO. Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000). In practice, this means that if a defendant is convicted of a second-degree felony (typically up to 15 years in prison) and is sentenced as both PRR and HFO, the range will be between 15 years minimum (PRR) and 30 years maximum (HFO).

HVFO Sentencing in Florida

The final of the three sentencing designations is HVFO (Habitual Violent Felony Offender). A defendant qualifies as an HVFO if all of the following are true:

• The defendant has a prior conviction for an enumerated felony (arson, sexual battery, robbery, aggravated assault, murder, etc.)
• The current felony was committed while serving a sentence, on supervision, or within 5 years of a prior violent felony conviction or release from prison/supervision
• The current felony is also one of the enumerated violent felonies

Note: A defendant may technically qualify for multiple sentencing enhancements, and potentially all three (HVFO, HFO, PRR). If a defendant qualifies for PRR, this supersedes HVFO/HFO– so a defendant must receive a mandatory minimum of the statutorily permitted maximum sentence for every offense (while also potentially having their maximum exposure double).

Like HFO, courts can elect not to sentence a defendant as an HVFO even if they qualify, if they find this is not necessary for public protection.

HVFO differs slightly from HFO because in addition to increasing the statutory maximums faced by the defendant, it also imposes harsh mandatory minimum sentences (like PRR) that are at or near the statutory maximum.

A defendant classified as an HVFO faces the following potential sentences: 

• For a life or first-degree felony, a maximum of life in prison with a mandatory minimum of 15 years (30 years is typical maximum for first-degree felony)
• For a second-degree felony, a maximum of up to 30 years with a mandatory minimum of 10 years (15 years is typical maximum)
• For a third-degree felony, a maximum of up to 10 years with a mandatory minimum of 5 years (5 years is typical maximum)

Note: Someone sentenced under HFO or HVFO (or both) is eligible for gain time under Fla. Stat. 944.275 after serving the mandatory minimum period of their sentence. 

One of the most important issues currently surrounding PRR, HFO and HVFO is the U.S. Supreme Court’s 2024 decision in Erlinger v. United States, 602 U.S. 821 (2024). This ruling requires that a jury, not the trial judge, find every fact necessary to increase a defendant’s minimum or maximum sentence – with the sole exception of the existence of a prior conviction.

PRR, HFO and HVFO all require the finding of additional facts (such as date of most recent release, time between convictions, etc.), but Florida law still does not require a separate jury to determine whether a defendant qualifies for any of these sentencing designations. This continues to be determined by the State and the judge. Many have raised constitutional questions about this practice, as Erlinger appears to disallow it.

If someone faces potential sentencing under PRR, HFO or HVFO, an experienced and aggressive defense attorney can move for the impanelment of a separate jury to determine whether someone qualifies to be sentenced as a PRR, HFO or HVFO beyond a reasonable doubt (rather than the State simply establishing this by a preponderance of the evidence to the judge).

In sum, PRR, HFO and HVFO are felony sentencing designations in Florida that significantly increase the amount of prison time a defendant may serve. PRR must be applied if a defendant is found to qualify, and this requires a defendant be sentenced to the statutory maximum for the one or more felonies they are convicted of.

HFO and HVFO are quite similar, but differ slightly. HFO requires two or more prior felony convictions (aside from drug possession/purchase) for a defendant to qualify – and the current felony must have been committed within 5 years of the defendant’s most recent other felony conviction (or within 5 years of their release from prison/supervision).

If someone is sentenced as an HFO, they may receive up to double the typical statutory maximum for the charge (and up to life in prison for any first-degree felony).

HVFO applies HFO’s sentencing scheme, but amends it slightly. A defendant must have at least one violent prior felony conviction – and the current felony must also be both violent, and have occurred within 5 years of the prior conviction. If someone is sentenced as an HVFO, they face the same maximums as HFOs, but harsh mandatory minimums that are nearly as harsh as PRR (equal if a third-degree felony).  

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, HFO and PRR 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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