What Is a Prison Releasee Reoffender?

A Prison Releasee Reoffender is someone who commits or attempts to commit certain serious crimes within three years of being released from prison for a prior qualifying offense. PRR also applies if the new offense is committed while serving a prison sentence or while on escape status.

What Crimes Qualify for PRR Sentencing?

The list of PRR-eligible crimes is long and includes many of Florida’s most serious offenses, such as:

• Murder or manslaughter
• Sexual battery
• Robbery (including home invasion and carjacking)
• Arson
• Kidnapping
• Aggravated assault or battery
• Aggravated stalking
• Armed burglary or burglary of a dwelling
• Lewd or lascivious molestation (under § 800.04)
• Aggravated child abuse (under § 827.03)
• Use of a destructive device
• Offenses involving physical force or violence

What Are the Mandatory Minimum Sentences?

If PRR is applied, the court must impose the following mandatory minimum sentence, and the defendant must serve 100% of that sentence—no gain time, parole, or early release:

• Life felony → Life imprisonment
• First-degree felony → 30 years
• Second-degree felony → 15 years
• Third-degree felony → 5 years

This sentencing structure is absolute. The judge has no discretion to go lower. Even in cases where the circumstances suggest a reduced sentence may be more just, the court is bound by statute if the PRR enhancement is invoked.

Who Makes the Call? The State Attorney’s Role

Unlike other sentencing guidelines, PRR is not automatic. The State Attorney must choose to pursue PRR. Once they do, and they prove eligibility by a preponderance of the evidence, the court loses all discretion. That makes the prosecutor’s decision critically important.

Prosecutors often use PRR to gain leverage in plea negotiations. The threat of an ironclad mandatory sentence—especially when it’s decades longer than the potential plea offer—can create overwhelming pressure on the accused, even in close or defensible cases. Some would argue this tactic unfairly stacks the deck.

Is There Any Way Around PRR?

Yes—but only one: the prosecutor must agree not to pursue it. Florida law allows the State Attorney to decline PRR sentencing when “extenuating circumstances exist which preclude the just prosecution of the offender,” including the victim’s request for leniency.

However, if the prosecutor chooses not to pursue PRR in a qualifying case, they are required by law to document the reason in writing and place it in the case file. This creates political pressure on prosecutors to use PRR consistently, regardless of fairness or rehabilitation potential.

Why PRR Cases Demand Aggressive Defense

When PRR is on the table, your defense strategy needs to start early and be highly focused. This is not a typical negotiation. It’s a high-stakes situation that can leave you with no sentencing options if PRR is applied.

At The Brancato Law Firm, P.A., we work aggressively to:

• Challenge the legal basis for PRR eligibility
• Identify errors in the prosecution’s evidence of prior incarceration or timing
• Negotiate directly with prosecutors to avoid PRR designation
• File motions to strike PRR when the law has not been followed
• Present mitigation early and effectively to persuade the State Attorney to come off PRR

What to Do If You’re Facing PRR Sentencing

If you or someone you love is being charged with a PRR-eligible offense, it is critical to act immediately. Do not wait until formal charges are filed. Once PRR is pursued, your options are limited.

Contact The Brancato Law Firm, P.A. for a confidential consultation. Attorney Rocky Brancato has over 25 years of experience defending clients against major felony charges, including many where PRR was in play. As a veteran of an elite legal unit handling homicide and sex crimes, Rocky brings strategic insight and courtroom skill that can make the difference in your case.

Call us today at 813-592-8981 or visit us at our Ybor City office, located at 1600 E. 8th Ave., Suite A200, Tampa, FL 33605. We represent clients throughout the Tampa Bay area, including Hillsborough, Pinellas, and Polk Counties.