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Florida Senate
-
2026
SB 892
By
Senator Martin
33-00887-26 2026892__
1 A bill to be entitled
2 An act relating to habitual felony offenders, habitual
3 violent felony offenders, three-time violent felony
4 offenders, and violent career criminals; amending s.
5 775.084, F.S.; revising the definitions of the terms
6 “habitual felony offender,” “habitual violent felony
7 offender,” “three-time violent felony offender,” and
8 “violent career criminal”; revising the procedures
9 that a court must follow in separate proceedings to
10 determine whether a defendant is a habitual felony
11 offender, a habitual violent felony offender, a three
12 time violent felony offender, or a violent career
13 criminal; providing construction; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraphs (a) through (d) of subsection (1),
19 subsection (2), and paragraphs (a), (b), and (c) of subsection
20 (3) of section 775.084, Florida Statutes, are amended to read:
21 775.084 Violent career criminals; habitual felony offenders
22 and habitual violent felony offenders; three-time violent felony
23 offenders; definitions; procedure; enhanced penalties or
24 mandatory minimum prison terms.—
25 (1) As used in this act:
26 (a) “Habitual felony offender” means a defendant for whom
27 the court may impose an extended term of imprisonment, as
28 provided in paragraph (4)(a), if it finds that:
29 1. The defendant has previously been convicted of any
30 combination of two or more felonies in this state or other
31 qualified offenses.
32 2. The felony for which the defendant is to be sentenced
33 was committed:
34 a. While the defendant was serving a prison sentence or
35 other sentence, or court-ordered or lawfully imposed supervision
36 that is imposed as a result of a prior conviction for a felony
37 or other qualified offense; or
38 b. Within 5 years of the date of the conviction of the
39 defendant’s last prior felony or other qualified offense, or
40 within 5 years of the defendant’s release from a prison
41 sentence, probation, community control, control release,
42 conditional release, parole or court-ordered or lawfully imposed
43 supervision or other sentence that is imposed as a result of a
44 prior conviction for a felony or other qualified offense,
45 whichever is later.
46 3. The felony for which the defendant is to be sentenced,
47 and one of the two prior felony convictions, is not a violation
48 of s. 893.13 relating to the purchase or the possession of a
49 controlled substance.
50
4. The defendant has not received a pardon for any felony
51
or other qualified offense that is necessary for the operation
52
of this paragraph.
53
5. A conviction of a felony or other qualified offense
54
necessary to the operation of this paragraph has not been set
55
aside in any postconviction proceeding.
56 (b) “Habitual violent felony offender” means a defendant
57 for whom the court may impose an extended term of imprisonment,
58 as provided in paragraph (4)(b), if it finds that:
59 1. The defendant has previously been convicted of a felony
60 or an attempt or conspiracy to commit a felony and one or more
61 of such convictions was for:
62 a. Arson;
63 b. Sexual battery;
64 c. Robbery;
65 d. Kidnapping;
66 e. Aggravated child abuse;
67 f. Aggravated abuse of an elderly person or disabled adult;
68 g. Aggravated assault with a deadly weapon;
69 h. Murder;
70 i. Manslaughter;
71 j. Aggravated manslaughter of an elderly person or disabled
72 adult;
73 k. Aggravated manslaughter of a child;
74 l. Unlawful throwing, placing, or discharging of a
75 destructive device or bomb;
76 m. Armed burglary;
77 n. Aggravated battery; or
78 o. Aggravated stalking.
79 2. The felony for which the defendant is to be sentenced
80 was committed:
81 a. While the defendant was serving a prison sentence or
82 other sentence, or court-ordered or lawfully imposed supervision
83 that is imposed as a result of a prior conviction for an
84 enumerated felony; or
85 b. Within 5 years of the date of the conviction of the last
86 prior enumerated felony, or within 5 years of the defendant’s
87 release from a prison sentence, probation, community control,
88 control release, conditional release, parole, or court-ordered
89 or lawfully imposed supervision or other sentence that is
90 imposed as a result of a prior conviction for an enumerated
91 felony, whichever is later.
92
3. The defendant has not received a pardon on the ground of
93
innocence for any crime that is necessary for the operation of
94
this paragraph.
95
4. A conviction of a crime necessary to the operation of
96
this paragraph has not been set aside in any postconviction
97
proceeding.
98 (c) “Three-time violent felony offender” means a defendant
99 for whom the court must impose a mandatory minimum term of
100 imprisonment, as provided in paragraph (4)(c), if it finds that:
101 1. The defendant has previously been convicted as an adult
102 two or more times of a felony, or an attempt to commit a felony,
103 and two or more of such convictions were for committing, or
104 attempting to commit, any of the following offenses or
105 combination thereof:
106 a. Arson;
107 b. Sexual battery;
108 c. Robbery;
109 d. Kidnapping;
110 e. Aggravated child abuse;
111 f. Aggravated abuse of an elderly person or disabled adult;
112 g. Aggravated assault with a deadly weapon;
113 h. Murder;
114 i. Manslaughter;
115 j. Aggravated manslaughter of an elderly person or disabled
116 adult;
117 k. Aggravated manslaughter of a child;
118 l. Unlawful throwing, placing, or discharging of a
119 destructive device or bomb;
120 m. Armed burglary;
121 n. Aggravated battery;
122 o. Aggravated stalking;
123 p. Home invasion/robbery;
124 q. Carjacking; or
125 r. An offense which is in violation of a law of any other
126 jurisdiction if the elements of the offense are substantially
127 similar to the elements of any felony offense enumerated in sub
128 subparagraphs a.-q., or an attempt to commit any such felony
129 offense.
130 2. The felony for which the defendant is to be sentenced is
131 one of the felonies enumerated in sub-subparagraphs 1.a.-q. and
132 was committed:
133 a. While the defendant was serving a prison sentence or
134 other sentence imposed as a result of a prior conviction for any
135 offense enumerated in sub-subparagraphs 1.a.-r.; or
136 b. Within 5 years after the date of the conviction of the
137 last prior offense enumerated in sub-subparagraphs 1.a.-r., or
138 within 5 years after the defendant’s release from a prison
139 sentence, probation, community control, or other sentence
140 imposed as a result of a prior conviction for any offense
141 enumerated in sub-subparagraphs 1.a.-r., whichever is later.
142
3. The defendant has not received a pardon on the ground of
143
innocence for any crime that is necessary for the operation of
144
this paragraph.
145
4. A conviction of a crime necessary to the operation of
146
this paragraph has not been set aside in any postconviction
147
proceeding.
148 (d) “Violent career criminal” means a defendant for whom
149 the court must impose imprisonment pursuant to paragraph (4)(d),
150 if it finds that:
151 1. The defendant has previously been convicted as an adult
152 three or more times for an offense in this state or other
153 qualified offense that is:
154 a. Any forcible felony, as described in s. 776.08;
155 b. Aggravated stalking, as described in s. 784.048(3) and
156 (4);
157 c. Aggravated child abuse, as described in s. 827.03(2)(a);
158 d. Aggravated abuse of an elderly person or disabled adult,
159 as described in s. 825.102(2);
160 e. Lewd or lascivious battery, lewd or lascivious
161 molestation, lewd or lascivious conduct, or lewd or lascivious
162 exhibition, as described in s. 800.04 or s. 847.0135(5);
163 f. Escape, as described in s. 944.40; or
164 g. A felony violation of chapter 790 involving the use or
165 possession of a firearm.
166 2. The defendant has been incarcerated in a state prison or
167 a federal prison.
168 3. The primary felony offense for which the defendant is to
169 be sentenced is a felony enumerated in subparagraph 1. and was
170 committed on or after October 1, 1995, and:
171 a. While the defendant was serving a prison sentence or
172 other sentence, or court-ordered or lawfully imposed supervision
173 that is imposed as a result of a prior conviction for an
174 enumerated felony; or
175 b. Within 5 years after the conviction of the last prior
176 enumerated felony, or within 5 years after the defendant’s
177 release from a prison sentence, probation, community control,
178 control release, conditional release, parole, or court-ordered
179 or lawfully imposed supervision or other sentence that is
180 imposed as a result of a prior conviction for an enumerated
181 felony, whichever is later.
182
4. The defendant has not received a pardon for any felony
183
or other qualified offense that is necessary for the operation
184
of this paragraph.
185
5. A conviction of a felony or other qualified offense
186
necessary to the operation of this paragraph has not been set
187
aside in any postconviction proceeding.
188 (2) For the purposes of this section, the placing of a
189 person on probation or community control without an adjudication
190 of guilt shall be treated as a prior conviction.
A conviction
191
for which the defendant has been pardoned or which has been
192
reversed on appeal or set aside in a postconviction proceeding
193
is not a conviction for purposes of this section.
194 (3)(a) In a separate proceeding, the court shall determine
195
whether
if
the defendant is a habitual felony offender or a
196 habitual violent felony offender. The procedure shall be as
197 follows:
198 1. The court shall obtain and consider a presentence
199 investigation
before
prior to
the imposition of a sentence as a
200 habitual felony offender or a habitual violent felony offender.
201 2. Written notice
must
shall
be served on the defendant
or
202
and
the defendant’s attorney
before the commencement of trial or
203
entry of a plea of guilty or nolo contendere
a sufficient time
204
prior to the entry of a plea or prior to the imposition of
205
sentence in order to allow the preparation of a submission on
206
behalf of the defendant
.
207 3. Except as provided in subparagraph 1., all evidence
208 presented
must
shall
be presented in open court with full rights
209 of confrontation, cross-examination, and representation by
210 counsel.
211 4.
Each of the findings required as the basis for such
212
sentence shall be found to exist by a preponderance of the
213
evidence and shall be appealable to the extent normally
214
applicable to similar findings.
215
5.
For the purpose of identification of a habitual felony
216 offender or a habitual violent felony offender, the court shall
217 fingerprint the defendant pursuant to s. 921.241.
218
5.
6.
For an offense committed on or after October 1, 1995,
219 if the state attorney pursues a habitual felony offender
220 sanction or a habitual violent felony offender sanction against
221 the defendant and the court, in a separate proceeding pursuant
222 to this paragraph, determines that the defendant meets the
223 criteria under subsection (1) for imposing such sanction, the
224 court must sentence the defendant as a habitual felony offender
225 or a habitual violent felony offender, subject to imprisonment
226 pursuant to this section unless the court finds that such
227 sentence is not necessary for the protection of the public. If
228 the court finds that it is not necessary for the protection of
229 the public to sentence the defendant as a habitual felony
230 offender or a habitual violent felony offender, the court
must
231
shall
provide written reasons; a written transcript of orally
232 stated reasons is permissible, if filed by the court within 7
233 days after the date of sentencing. Each month, the court shall
234 submit to the Office of Economic and Demographic Research of the
235 Legislature the written reasons or transcripts in each case in
236 which the court determines not to sentence a defendant as a
237 habitual felony offender or a habitual violent felony offender
238 as provided in this subparagraph.
239 (b) In a separate proceeding, the court shall determine
240
whether
if
the defendant is a three-time violent felony
241 offender. The procedure shall be as follows:
242 1. The court shall obtain and consider a presentence
243 investigation
before
prior to
the imposition of a sentence as a
244 three-time violent felony offender.
245 2. Written notice
must
shall
be served on the defendant
or
246
and
the defendant’s attorney
before the commencement of trial or
247
entry of a plea of guilty or
nolo contendere
a sufficient time
248
prior to the entry of a plea or prior to the imposition of
249
sentence in order to allow the preparation of a submission on
250
behalf of the defendant
.
251 3. Except as provided in subparagraph 1., all evidence
252 presented
must
shall
be presented in open court with full rights
253 of confrontation, cross-examination, and representation by
254 counsel.
255 4.
Each of the findings required as the basis for such
256
sentence shall be found to exist by a preponderance of the
257
evidence and shall be appealable to the extent normally
258
applicable to similar findings.
259
5.
For the purpose of identification of a three-time
260 violent felony offender, the court shall fingerprint the
261 defendant pursuant to s. 921.241.
262
5.
6.
For an offense committed on or after the effective
263 date of this act, if the state attorney pursues a three-time
264 violent felony offender sanction against the defendant and the
265 court, in a separate proceeding pursuant to this paragraph,
266 determines that the defendant meets the criteria under
267 subsection (1) for imposing such sanction, the court must
268 sentence the defendant as a three-time violent felony offender,
269 subject to imprisonment pursuant to this section as provided in
270 paragraph (4)(c).
271 (c) In a separate proceeding, the court shall determine
272 whether the defendant is a violent career criminal with respect
273 to a primary offense committed on or after October 1, 1995. The
274 procedure shall be as follows:
275 1. Written notice
must
shall
be served on the defendant
or
276
and
the defendant’s attorney
before
the commencement of trial or
277
entry of a plea of guilty or
nolo contendere
a sufficient time
278
prior to the entry of a plea or prior to the imposition of
279
sentence in order to allow the preparation of a submission on
280
behalf of the defendant
.
281 2. All evidence presented
must
shall
be presented in open
282 court with full rights of confrontation, cross-examination, and
283 representation by counsel.
284 3.
Each of the findings required as the basis for such
285
sentence shall be found to exist by a preponderance of the
286
evidence and shall be appealable only as provided in paragraph
287
(d).
288
4.
For the purpose of identification, the court shall
289 fingerprint the defendant pursuant to s. 921.241.
290
4.
5.
For an offense committed on or after October 1, 1995,
291 if the state attorney pursues a violent career criminal sanction
292 against the defendant and the court, in a separate proceeding
293 pursuant to this paragraph, determines that the defendant meets
294 the criteria under subsection (1) for imposing such sanction,
295 the court must sentence the defendant as a violent career
296 criminal, subject to imprisonment pursuant to this section
297 unless the court finds that such sentence is not necessary for
298 the protection of the public. If the court finds that it is not
299 necessary for the protection of the public to sentence the
300 defendant as a violent career criminal, the court
must
shall
301 provide written reasons; a written transcript of orally stated
302 reasons is permissible, if filed by the court within 7 days
303 after the date of sentencing. Each month, the court shall submit
304 to the Office of Economic and Demographic Research of the
305 Legislature the written reasons or transcripts in each case in
306 which the court determines not to sentence a defendant as a
307 violent career criminal as provided in this subparagraph.
308 Section 2. This act shall take effect July 1, 2026.