There are two main classes for theft crimes in Florida. They are petit theft and grand theft. Petit theft is a misdemeanor and can be charged properly if the amount of the property stolen falls under $300.00. This is a second degree misdemeanor punishable by up to 60 days in the county jail. Under certain circumstances this can also be charged as a first degree misdemeanor where the maximum punishment is 364 days in the county jail and a fine can be levied against you for up to $1,000.00. Grand theft which is a felony can be charged of the dollar amount of the stolen property exceeds $300.00. The severity of the felony charged depends entirely on the dollar amount of the value of the property. It can range from a third degree felony all the way up to a first degree felony. There are other felonies that fall under the ambit of a “theft charge.” Examples of these are shoplifting, fraud, forgery, burglary, robbery, identity theft, vehicle theft, internet fraud, Medicare fraud, Medicaid fraud and credit card theft.

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Habitual Felony Offender

  1. Under this classification, sentencing is discretionary. The maximum statutory penalties double per this classification. This offender is eligible for gain time.

    1. First Degree Felony: Up to Life in prison.
    2. Second Degree Felony: Up to 30 years in prison.
    3. Third Degree Felony: Up to 10 years in prison

Under §775.084 a person is classified as a habitual felony offender when:
The offender has been convicted of (2) or more felonies or other qualified offenses.

The felony that the offender is currently being sentenced for was committed while the offender was in prison for a prior felony or other qualifying criminal offense within five years of the prior felony or offense, or within five years of being released from prison.

If the current felony the offender is being sentenced for and one of his or her two prior convictions do not fall under § 893.13 Florida Statute (Purchase or possession of a controlled substance).
Violent Career Criminal

  1. Under this classification, sentencing is discretionary. The offender is eligible for gain time. (On a life felony, the offender must do life in prison).

    1. First Degree Felony: Life in prison.
    2. Second Degree Felony: Up to 40 years in prison and the offender is ineligible for early release during the first 30 years of the sentence.
    3. Third Degree Felony: Up to 15 years in prison and the offender is ineligible for early release during the first 10 years of the sentence.

In order to be classified as a violent career criminal, the offender must have previously been convicted as an adult three or more times for an offense in Florida or another qualifying offense that is:


  • Aggravated Abuse of an Elderly Person or Disabled
  • Aggravated Child Abuse
  • Aggravated Stalking
  • Escape
  • Felony Use or Possession of a Firearm
  • Any Forcible Felony
  • Lewd and Lascivious Conduct, Battery, Molestation

The offender has been previously incarcerated in federal prison, and the felony to be sentenced for was an enumerated offense, and was committed on or after October 1, 1995, and: a. While serving his or her sentence for their conviction, or b. Within 5 years from the date of the conviction, or within five years of the release from a prison sentence, probation, control release, condition release, parole, or court-ordered or lawfully imposed supervision imposed as a prior conviction for an enumerated felony.
Habitual Violent Felony Offender

  1. Under this classification, sentencing is discretionary. The offender is eligible for gain time. On a life felony, the offender is subject up to life in prison and is ineligible for early release during the first 15 years of their sentence.

    1. First Degree Felony: Offender must spend up to 30 years in prison and are ineligible for early release during the first 10 years of their sentence.
    2. Second Degree Felony: Up to 30 years in prison and the offender is ineligible for early release during the first 10 years of their sentence.
    3. Third Degree Felony: Up to 10 years and the offender is ineligible for early release during the first 5 years of their sentence.

Under §775.084 a person is classified as a violent felony offender when the offender has a prior, separate conviction for a felony, attempted felony, or conspiracy to commit a felony, and of or more of these convictions were for any of the following:

  • Aggravated Assault
  • Aggravated Child Abuse
  • Aggravated Abuse of the Elderly or Disabled

  • Aggravated Manslaughter of the Elderly or Disabled
  • Aggravated Manslaughter of a Child
  • Aggravated Battery
  • Aggravated Stalking
  • Armed Burglary
  • Arson
  • Kidnapping
  • Murder
  • Manslaughter
  • Robbery
  • Sexual Battery
  • Throwing, Placing, or Discharging a Destructive Device


Additionally, the current felony to be sentenced is an enumerated offense and was committed while the offender was serving a sentence for a conviction for any of the enumerated offenses, within the previous five years of the date of the conviction or release of the prior offense.
Prison Release Reoffender

  1. Sentencing under this classification is mandatory. The offender is not eligible for gain time. If convicted of a Life Felony, the offender must serve their entire sentence.

    1. First Degree Felony: Up to 30 years prison and the offender must serve 100% of their sentence.
    2. Second Degree Felony: Up to 15 years prison and the offender must serve 100% of their sentence.
    3. Third Degree Felony: Up to 5 years and the offender must serve 100% of their sentence.

Under 75.082(9)(a), two factors must be present for an offender to be classified as PRR: 1) While the offender was serving their sentence of imprisonment, while on escape status, or within three years of release from prison the offender must have committed or attempted to commit any of the enumerated offenses listed per Florida Statute.
Violent Offender Special Concern (VOSC) Fla.Stat.948.06

  1. In addition to complying with the provisions of subsections (1)-(7), this subsection provides further requirements regarding a probationer or offender in community control who is a violent felony offender of special concern. The provisions of this subsection shall control over any conflicting provisions in subsections (1)-(7). For purposes of this subsection, the term “convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

  2. For purposes of this section and ss. 903.0351, 948.064, and 921.0024, the term “violent felony offender of special concern” means a person who is on:

    1. Felony probation or community control related to the commission of a qualifying offense committed on or after the effective date of this act;

    2. Felony probation or community control for any offense committed on or after the effective date of this act, and has previously been convicted of a qualifying offense;

    3. Felony probation or community control for any offense committed on or after the effective date of this act, and is found to have violated that probation or community control by committing a qualifying offense;

    4. Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b) and has committed a qualifying offense on or after the effective date of this act;

    5. Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in s. 775.084(1)(c) and has committed a qualifying offense on or after the effective date of this act; or

    6. Felony probation or community control and has previously been found by a court to be a sexual predator under s. 775.21 and has committed a qualifying offense on or after the effective date of this act.



  3. For purposes of this section, the term “qualifying offense” means any of the following:

    1. Kidnapping or attempted kidnapping under s. 787.01, false imprisonment of a child under the age of 13 under s. 787.02(3), or luring or enticing a child under s. 787.025(2)(b) or (c).

    2. Murder or attempted murder under s. 782.04, attempted felony murder under s. 782.051, or manslaughter under s. 782.07.

    3. Aggravated battery or attempted aggravated battery under s. 784.045.

    4. Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c).

    5. Lewd or lascivious battery or attempted lewd or lascivious battery under s. 800.04(4), lewd or lascivious molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious conduct under s. 800.04(6)(b), lewd or lascivious exhibition under s. 800.04(7)(b), or lewd or lascivious exhibition on computer under s. 847.0135(5)(b).

    6. Robbery or attempted robbery under s. 812.13, car-jacking or attempted car-jacking under s.812.133, or home invasion robbery or attempted home invasion robbery under s. 812.135.

    7. Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under s.825.1025.

    8. Sexual performance by a child or attempted sexual performance by a child under s. 827.071.

    9. Computer pornography under s. 847.0135(2) or (3), transmission of child pornography under s.847.0137, or selling or buying of minors under s. 847.0145.

    10. Poisoning food or water under s. 859.01.

    11. Abuse of a dead human body under s. 872.06.

    12. Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony under s. 810.02(2) or (3).

    13. Arson or attempted arson under s. 806.01(1).

    14. Aggravated assault under s. 784.021.

    15. Aggravated stalking under s. 784.048(3), (4), (5), or (7).

    16. Aircraft piracy under s. 860.16.

    17. Unlawful throwing, placing, or discharging of a destructive device or bomb under s.790.161(2), (3), or (4).

    18. Treason under s. 876.32.

    19. Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state.



  4. In the case of an alleged violation of probation or community control other than a failure to pay costs, fines, or restitution, the following individuals shall remain in custody pending the resolution of the probation or community control violation:

    1. A violent felony offender of special concern, as defined in this section;

    2. A person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense as defined in this section; or

    3. A person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense as defined in this section on or after the effective date of this act.


    The court shall not dismiss the probation or community control violation warrant pending against an offender enumerated in this paragraph without holding a recorded violation-of-probation hearing at which both the state and the offender are represented.

  5. If the court, after conducting the hearing required by paragraph (d), determines that a violent felony offender of special concern has committed a violation of probation or community control other than a failure to pay costs, fines, or restitution, the court shall:

    1. Make written findings as to whether or not the violent felony offender of special concern poses a danger to the community. In determining the danger to the community posed by the offender’s release, the court shall base its findings on one or more of the following:

      1. The nature and circumstances of the violation and any new offenses charged.

      2. The offender’s present conduct, including criminal convictions.

      3. The offender’s amenability to nonincarcerative sanctions based on his or her history and conduct during the probation or community control supervision from which the violation hearing arises and any other previous supervisions, including disciplinary records of previous incarcerations.

      4. The weight of the evidence against the offender.

      5. Any other facts the court considers relevant.



    2. Decide whether to revoke the probation or community control.

      1. If the court has found that a violent felony offender of special concern poses a danger to the community, the court shall revoke probation and shall sentence the offender up to the statutory maximum, or longer if permitted by law.

      2. If the court has found that a violent felony offender of special concern does not pose a danger to the community, the court may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section.