THE BILL ITSELF
SB 892
Habitual Felony Offenders, Habitual Violent Felony Offenders, Three-time Violent Felony Offenders, and Violent Career Criminals
Florida Senate - 2026 SB 892 By Senator Martin 33-00887-26 2026892__
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A bill to be entitled
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An act relating to habitual felony offenders, habitual
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violent felony offenders, three-time violent felony
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offenders, and violent career criminals; amending s.
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775.084, F.S.; revising the definitions of the terms
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“habitual felony offender,” “habitual violent felony
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offender,” “three-time violent felony offender,” and
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“violent career criminal”; revising the procedures
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that a court must follow in separate proceedings to
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determine whether a defendant is a habitual felony
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offender, a habitual violent felony offender, a three
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time violent felony offender, or a violent career
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criminal; providing construction; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (a) through (d) of subsection (1),
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subsection (2), and paragraphs (a), (b), and (c) of subsection
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(3) of section 775.084, Florida Statutes, are amended to read:
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775.084 Violent career criminals; habitual felony offenders
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and habitual violent felony offenders; three-time violent felony
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offenders; definitions; procedure; enhanced penalties or
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mandatory minimum prison terms.—
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(1) As used in this act:
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(a) “Habitual felony offender” means a defendant for whom
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the court may impose an extended term of imprisonment, as
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provided in paragraph (4)(a), if it finds that:
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1. The defendant has previously been convicted of any
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combination of two or more felonies in this state or other
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qualified offenses.
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2. The felony for which the defendant is to be sentenced
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was committed:
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a. While the defendant was serving a prison sentence or
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other sentence, or court-ordered or lawfully imposed supervision
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that is imposed as a result of a prior conviction for a felony
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or other qualified offense; or
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b. Within 5 years of the date of the conviction of the
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defendant’s last prior felony or other qualified offense, or
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within 5 years of the defendant’s release from a prison
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sentence, probation, community control, control release,
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conditional release, parole or court-ordered or lawfully imposed
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supervision or other sentence that is imposed as a result of a
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prior conviction for a felony or other qualified offense,
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whichever is later.
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3. The felony for which the defendant is to be sentenced,
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and one of the two prior felony convictions, is not a violation
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of s. 893.13 relating to the purchase or the possession of a
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controlled substance.
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4. The defendant has not received a pardon for any felony
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or other qualified offense that is necessary for the operation
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of this paragraph.
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5. A conviction of a felony or other qualified offense
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necessary to the operation of this paragraph has not been set
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aside in any postconviction proceeding.
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(b) “Habitual violent felony offender” means a defendant
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for whom the court may impose an extended term of imprisonment,
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as provided in paragraph (4)(b), if it finds that:
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1. The defendant has previously been convicted of a felony
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or an attempt or conspiracy to commit a felony and one or more
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of such convictions was for:
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a. Arson;
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b. Sexual battery;
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c. Robbery;
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d. Kidnapping;
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e. Aggravated child abuse;
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f. Aggravated abuse of an elderly person or disabled adult;
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g. Aggravated assault with a deadly weapon;
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h. Murder;
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i. Manslaughter;
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j. Aggravated manslaughter of an elderly person or disabled
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adult;
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k. Aggravated manslaughter of a child;
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l. Unlawful throwing, placing, or discharging of a
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destructive device or bomb;
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m. Armed burglary;
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n. Aggravated battery; or
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o. Aggravated stalking.
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2. The felony for which the defendant is to be sentenced
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was committed:
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a. While the defendant was serving a prison sentence or
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other sentence, or court-ordered or lawfully imposed supervision
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that is imposed as a result of a prior conviction for an
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enumerated felony; or
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b. Within 5 years of the date of the conviction of the last
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prior enumerated felony, or within 5 years of the defendant’s
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release from a prison sentence, probation, community control,
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control release, conditional release, parole, or court-ordered
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or lawfully imposed supervision or other sentence that is
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imposed as a result of a prior conviction for an enumerated
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felony, whichever is later.
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3. The defendant has not received a pardon on the ground of
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innocence for any crime that is necessary for the operation of
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this paragraph.
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4. A conviction of a crime necessary to the operation of
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this paragraph has not been set aside in any postconviction
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proceeding.
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(c) “Three-time violent felony offender” means a defendant
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for whom the court must impose a mandatory minimum term of
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imprisonment, as provided in paragraph (4)(c), if it finds that:
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1. The defendant has previously been convicted as an adult
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two or more times of a felony, or an attempt to commit a felony,
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and two or more of such convictions were for committing, or
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attempting to commit, any of the following offenses or
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combination thereof:
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a. Arson;
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b. Sexual battery;
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c. Robbery;
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d. Kidnapping;
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e. Aggravated child abuse;
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f. Aggravated abuse of an elderly person or disabled adult;
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g. Aggravated assault with a deadly weapon;
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h. Murder;
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i. Manslaughter;
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j. Aggravated manslaughter of an elderly person or disabled
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adult;
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k. Aggravated manslaughter of a child;
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l. Unlawful throwing, placing, or discharging of a
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destructive device or bomb;
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m. Armed burglary;
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n. Aggravated battery;
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o. Aggravated stalking;
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p. Home invasion/robbery;
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q. Carjacking; or
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r. An offense which is in violation of a law of any other
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jurisdiction if the elements of the offense are substantially
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similar to the elements of any felony offense enumerated in sub
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subparagraphs a.-q., or an attempt to commit any such felony
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offense.
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2. The felony for which the defendant is to be sentenced is
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one of the felonies enumerated in sub-subparagraphs 1.a.-q. and
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was committed:
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a. While the defendant was serving a prison sentence or
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other sentence imposed as a result of a prior conviction for any
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offense enumerated in sub-subparagraphs 1.a.-r.; or
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b. Within 5 years after the date of the conviction of the
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last prior offense enumerated in sub-subparagraphs 1.a.-r., or
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within 5 years after the defendant’s release from a prison
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sentence, probation, community control, or other sentence
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imposed as a result of a prior conviction for any offense
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enumerated in sub-subparagraphs 1.a.-r., whichever is later.
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3. The defendant has not received a pardon on the ground of
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innocence for any crime that is necessary for the operation of
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this paragraph.
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4. A conviction of a crime necessary to the operation of
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this paragraph has not been set aside in any postconviction
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proceeding.
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(d) “Violent career criminal” means a defendant for whom
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the court must impose imprisonment pursuant to paragraph (4)(d),
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if it finds that:
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1. The defendant has previously been convicted as an adult
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three or more times for an offense in this state or other
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qualified offense that is:
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a. Any forcible felony, as described in s. 776.08;
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b. Aggravated stalking, as described in s. 784.048(3) and
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(4);
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c. Aggravated child abuse, as described in s. 827.03(2)(a);
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d. Aggravated abuse of an elderly person or disabled adult,
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as described in s. 825.102(2);
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e. Lewd or lascivious battery, lewd or lascivious
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molestation, lewd or lascivious conduct, or lewd or lascivious
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exhibition, as described in s. 800.04 or s. 847.0135(5);
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f. Escape, as described in s. 944.40; or
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g. A felony violation of chapter 790 involving the use or
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possession of a firearm.
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2. The defendant has been incarcerated in a state prison or
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a federal prison.
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3. The primary felony offense for which the defendant is to
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be sentenced is a felony enumerated in subparagraph 1. and was
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committed on or after October 1, 1995, and:
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a. While the defendant was serving a prison sentence or
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other sentence, or court-ordered or lawfully imposed supervision
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that is imposed as a result of a prior conviction for an
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enumerated felony; or
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b. Within 5 years after the conviction of the last prior
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enumerated felony, or within 5 years after the defendant’s
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release from a prison sentence, probation, community control,
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control release, conditional release, parole, or court-ordered
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or lawfully imposed supervision or other sentence that is
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imposed as a result of a prior conviction for an enumerated
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felony, whichever is later.
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4. The defendant has not received a pardon for any felony
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or other qualified offense that is necessary for the operation
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of this paragraph.
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5. A conviction of a felony or other qualified offense
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necessary to the operation of this paragraph has not been set
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aside in any postconviction proceeding.
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(2) For the purposes of this section, the placing of a
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person on probation or community control without an adjudication
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of guilt shall be treated as a prior conviction. A conviction
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for which the defendant has been pardoned or which has been
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reversed on appeal or set aside in a postconviction proceeding
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is not a conviction for purposes of this section.
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(3)(a) In a separate proceeding, the court shall determine
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whether if the defendant is a habitual felony offender or a
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habitual violent felony offender. The procedure shall be as
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follows:
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1. The court shall obtain and consider a presentence
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investigation before prior to the imposition of a sentence as a
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habitual felony offender or a habitual violent felony offender.
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2. Written notice must shall be served on the defendant or
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and the defendant’s attorney before the commencement of trial or
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entry of a plea of guilty or nolo contendere a sufficient time
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prior to the entry of a plea or prior to the imposition of
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sentence in order to allow the preparation of a submission on
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behalf of the defendant .
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3. Except as provided in subparagraph 1., all evidence
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presented must shall be presented in open court with full rights
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of confrontation, cross-examination, and representation by
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counsel.
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4. Each of the findings required as the basis for such
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sentence shall be found to exist by a preponderance of the
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evidence and shall be appealable to the extent normally
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applicable to similar findings.
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5. For the purpose of identification of a habitual felony
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offender or a habitual violent felony offender, the court shall
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fingerprint the defendant pursuant to s. 921.241.
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5. 6. For an offense committed on or after October 1, 1995,
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if the state attorney pursues a habitual felony offender
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sanction or a habitual violent felony offender sanction against
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the defendant and the court, in a separate proceeding pursuant
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to this paragraph, determines that the defendant meets the
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criteria under subsection (1) for imposing such sanction, the
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court must sentence the defendant as a habitual felony offender
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or a habitual violent felony offender, subject to imprisonment
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pursuant to this section unless the court finds that such
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sentence is not necessary for the protection of the public. If
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the court finds that it is not necessary for the protection of
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the public to sentence the defendant as a habitual felony
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offender or a habitual violent felony offender, the court must
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shall provide written reasons; a written transcript of orally
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stated reasons is permissible, if filed by the court within 7
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days after the date of sentencing. Each month, the court shall
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submit to the Office of Economic and Demographic Research of the
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Legislature the written reasons or transcripts in each case in
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which the court determines not to sentence a defendant as a
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habitual felony offender or a habitual violent felony offender
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as provided in this subparagraph.
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(b) In a separate proceeding, the court shall determine
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whether if the defendant is a three-time violent felony
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offender. The procedure shall be as follows:
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1. The court shall obtain and consider a presentence
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investigation before prior to the imposition of a sentence as a
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three-time violent felony offender.
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2. Written notice must shall be served on the defendant or
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and the defendant’s attorney before the commencement of trial or
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entry of a plea of guilty or nolo contendere a sufficient time
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prior to the entry of a plea or prior to the imposition of
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sentence in order to allow the preparation of a submission on
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behalf of the defendant .
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3. Except as provided in subparagraph 1., all evidence
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presented must shall be presented in open court with full rights
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of confrontation, cross-examination, and representation by
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counsel.
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4. Each of the findings required as the basis for such
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sentence shall be found to exist by a preponderance of the
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evidence and shall be appealable to the extent normally
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applicable to similar findings.
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5. For the purpose of identification of a three-time
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violent felony offender, the court shall fingerprint the
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defendant pursuant to s. 921.241.
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5. 6. For an offense committed on or after the effective
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date of this act, if the state attorney pursues a three-time
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violent felony offender sanction against the defendant and the
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court, in a separate proceeding pursuant to this paragraph,
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determines that the defendant meets the criteria under
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subsection (1) for imposing such sanction, the court must
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sentence the defendant as a three-time violent felony offender,
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subject to imprisonment pursuant to this section as provided in
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paragraph (4)(c).
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(c) In a separate proceeding, the court shall determine
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whether the defendant is a violent career criminal with respect
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to a primary offense committed on or after October 1, 1995. The
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procedure shall be as follows:
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1. Written notice must shall be served on the defendant or
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and the defendant’s attorney before the commencement of trial or
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entry of a plea of guilty or nolo contendere a sufficient time
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prior to the entry of a plea or prior to the imposition of
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sentence in order to allow the preparation of a submission on
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behalf of the defendant .
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2. All evidence presented must shall be presented in open
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court with full rights of confrontation, cross-examination, and
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representation by counsel.
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3. Each of the findings required as the basis for such
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sentence shall be found to exist by a preponderance of the
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evidence and shall be appealable only as provided in paragraph
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(d).
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4. For the purpose of identification, the court shall
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fingerprint the defendant pursuant to s. 921.241.
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4. 5. For an offense committed on or after October 1, 1995,
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if the state attorney pursues a violent career criminal sanction
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against the defendant and the court, in a separate proceeding
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pursuant to this paragraph, determines that the defendant meets
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the criteria under subsection (1) for imposing such sanction,
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the court must sentence the defendant as a violent career
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criminal, subject to imprisonment pursuant to this section
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unless the court finds that such sentence is not necessary for
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the protection of the public. If the court finds that it is not
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necessary for the protection of the public to sentence the
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defendant as a violent career criminal, the court must shall
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provide written reasons; a written transcript of orally stated
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reasons is permissible, if filed by the court within 7 days
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after the date of sentencing. Each month, the court shall submit
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to the Office of Economic and Demographic Research of the
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Legislature the written reasons or transcripts in each case in
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which the court determines not to sentence a defendant as a
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violent career criminal as provided in this subparagraph.
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Section 2. This act shall take effect July 1, 2026.