Three Strikes and Habitual Offender Laws in Florida
How Florida law treats three strikes and habitual offender laws, from the state code and official state agencies.
Short answer: Florida has several repeat-offender categories. A habitual felony offender (two or more prior felonies, with the new felony committed while under sentence or within 5 years) may get up to life for a first-degree felony, 30 years for second degree and 10 years for third degree. Fla. Stat. § 775.084(1), (4)
| Three strikes and habitual offender laws | Florida has several repeat-offender categories. A habitual felony offender (two or more prior felonies, with the new felony committed while under sentence or within 5 years) may get up to life for a first-degree felony, 30 years for second degree and 10 years for third degree. A habitual violent felony offender (a prior listed violent felony) gets the same maximums with no release for 15, 10 or 5 years. A three-time violent felony offender (two or more prior listed violent felonies) must receive mandatory minimums of life (life felony), 30 years (first degree), 15 years (second degree) or 5 years (third degree), with no early release. A violent career criminal (three or more prior adult convictions for listed offenses such as forcible felonies, plus other statutory criteria) gets life for a first-degree felony, up to 40 years with a 30-year minimum for second degree, and up to 15 years with a 10-year minimum for third degree. Degree penalties (Fla. Stat. § 775.082, from the existing state record): first-degree felony up to 30 years; second-degree felony up to 15 years; third-degree felony up to 5 years; first-degree misdemeanor up to 1 year; second-degree misdemeanor up to 60 days. Read in The 2026 Florida Statutes (Online Sunshine). Source: Fla. Stat. § 775.084(1), (4) |
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FAQ
Does Florida have a three strikes law?
Florida has several repeat-offender categories. A habitual felony offender (two or more prior felonies, with the new felony committed while under sentence or within 5 years) may get up to life for a first-degree felony, 30 years for second degree and 10 years for third degree. A habitual violent felony offender (a prior listed violent felony) gets the same maximums with no release for 15, 10 or 5 years. A three-time violent felony offender (two or more prior listed violent felonies) must receive mandatory minimums of life (life felony), 30 years (first degree), 15 years (second degree) or 5 years (third degree), with no early release. A violent career criminal (three or more prior adult convictions for listed offenses such as forcible felonies, plus other statutory criteria) gets life for a first-degree felony, up to 40 years with a 30-year minimum for second degree, and up to 15 years with a 10-year minimum for third degree.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.