The court must find 3 things before making a determination that the defendant qualifies for the enhanced sentencing provisions as a HFO including:
The Defendant is to be sentenced and one of the two prior felony convictions is not a violation of Florida Statute Section 893.13 relating to purchase or possession of a controlled substance.
Previous separate convictions, not pardoned or set aside in post-conviction proceedings, or any combination of two (2) or more felonies, in the state of Florida, or other qualified offenses.
The Defendant is to be sentenced was committed under the following circumstances:
- Within 5 years of date of law prior felony or other qualified offense conviction.
- Within 5 years of release from prison, supervision, control release, conditional release, parole, or other commitment for prior felony or other qualified offense.
- While in prison or other commitment or supervision for a prior conviction of a felony or other qualified offense.