Florida’s PRR Law in the Wake of U.S. Supreme Court’s Erlinger Decision

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Theft/Property Crimes, Violent Crimes Social Share

Florida’s Prisoner Releasee Reoffender statute is the “Big Nasty” of sentencing laws in Florida. But a recent U.S. Supreme Court decision has an impact on the PRR law, which automatically enhances the sentences for certain defendants if convicted. This article will explore Erlinger v. United States and its implications for criminal sentencing in Florida.

Florida’s PRR law, Fla. Stat. Section 775.082(9)(a), was enacted to ensure that repeat offenders, (especially felons) serve the maximum sentence for any offenses they are convicted of – without the possibility of a reduced prison term.

The PRR law covers any of the following offenses:

• Treason
• Murder and manslaughter
• Sexual battery
• Carjacking, home-invasion robbery and robbery
• Arson
• Kidnapping
• Aggravated assault with deadly weapon, aggravated battery, aggravated stalking
• Aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bomb
• Any felony that involves the use or threat of physical force or violence against an individual
• Armed burglary, burglary of a dwelling or burglary of an occupied structure

Or any other felony violation of the following Florida Statutes:

• F.S.S. 790.07 (Persons engaged in criminal offense, having weapons)
• F.S.S. 800.04 (Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age)
• F.S.S. 827.03 (Abuse, aggravated abuse, and neglect of a child)
• F.S.S. 827.071 (Sexual performance by a child)
• F.S.S. 847.0135(5) (Computer pornography offenses)

If someone is charged with any of the above offenses within three years of their release from a correctional institution in Florida, or:

• A facility operated by a private vendor
• A county detention facility following incarceration for an offense for which the sentence pronounced was a prison sentence, or;
• A correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or foreign jurisdiction following incarceration for an offense for which the sentence is punishable by more than 1 year in Florida.

That person is eligible to be classified as a Prisoner Release Reoffender. If they are found guilty of the charged offense(s) at trial, and a judge finds by the preponderance of the evidence that they qualify for a PRR sentence, that person will be automatically sentenced to the maximum possible prison term for that crime. There is no opportunity for mitigation.

U.S. Supreme Court: Erlinger v. United Sates

However, the constitutionality of this statute in its current form has come into question after the U.S. Supreme Court’s 2024 decision Erlinger v. United States. In Erlinger, the Supreme Court ruled that any fact other than the existence of a prior conviction must be found by a jury, not a judge, if it is being used to increase a defendant’s minimum or maximum potential sentence. 

The ability of a judge to determine that one or more prior convictions exist for the purpose of increasing a sentence is outlined in the “prior convictions exception” in Almendarez-Torres v. United States. Though the Erlinger decision did not explicitly overrule this exception, it very narrowly applied it by making clear that only this fact can be determined by a judge for the purpose of sentence enhancement. All other facts that may enhance a sentence must be found by a jury, even if they are “straightforward” logical extensions of the existence of a prior conviction. 

Erlinger’s very narrow application of the prior convictions exception could have serious implications for Florida’s PRR statute. This is because under the PRR law, a judge is authorized to make a finding that a defendant was released from prison less than 3 years before the current case, and was incarcerated in an eligible correctional institution. Since these facts are separate from the “sole fact” of a prior conviction, many argue that Erlinger requires juries answer these questions, rather than the judge. 

Following Erlinger, Florida’s courts have considered multiple post-conviction requests for a separate jury trial for those who have been sentenced under the PRR law, but these have been denied. Denson v. State, 50 Fla. L. Weekly D257 (Fla. 5th DCA 2025); Ashford v. State, 2025 WL 727808 (Fla. 5th DCA 2025). 

However, this may be due to the fact that courts have so far said Erlinger does not apply retroactively. Grant v. United States, 2024 WL 4729193 (M.D. Fla. Nov. 8, 2024). For those who are facing PRR sentencing after Erlinger, there are serious constitutional questions raised by the structure of the PRR law.

Experienced Criminal Defense Lawyer in Tallahassee, FL

If someone is concerned about their sentencing or a loved one’s under Florida’s PRR statute, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the experienced criminal defense attorneys at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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