Music. Hi, this is Mike Haber. Thanks for asking me what is a habitual offender or an HFO in Florida. In Florida, certain repeat offenders are exposed to enhanced penalties when it comes to sentencing, and one such category is the habitual offender or HFO. In order to be designated and held accountable as an HFO, you have to first be placed on proper and timely notice by the state. They do this by filing a notice to seek sentencing enhancements as an HFO. Then, the court has to conduct an inquiry and determine that you, in fact, meet the criteria for enhanced sentencing under Florida Statute 775.08 for 1a. You are eligible for designation as a habitual felony offender if the court finds: 1. You've previously been convicted of a combination of two or more felony offenses. 2. Your current felony was committed within five years of the date of your last prior felony conviction or within five years of your release from prison. 3. Your current felony plus one of the two prior convictions is not a simple drug possession or purchase offense. If you're formally designated as an HFO, then under statute 775.08 for 4a, your third-degree felony gets maxed out at ten years instead of five, a second-degree at thirty instead of fifteen, and a first-degree felony is punishable by life instead of thirty. HFO designation does not mandate enhanced sentencing; the judge still has discretion to impose enhancements or not to impose them, and you remain eligible for receiving gain time while you serve your state prison sentence. I thank you for your question, I appreciate your having asked it, and I invite you to ask me more. Please remember that at Hebert PA, it's all about reasonable doubt. And if you like this video, then please subscribe because we'll be...
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