The Florida Senate

775.08401  Habitual offenders and habitual violent felony offenders; violent career criminals; eligibility criteria.--

(1)  The state attorney in each judicial circuit shall adopt uniform criteria to be used when deciding to pursue:

(a)  Habitual felony offender or habitual violent felony offender sanctions; or

(b)  With respect to an offense committed on or after October 1, 1995, violent career criminal sanctions.

The criteria for each circuit shall be kept on file by the Florida Prosecuting Attorneys Association, Inc.

(2)  The criteria shall be designed to ensure fair and impartial application of s. 775.084.

(3)(a)  A deviation from this criteria must be explained in writing, signed by the state attorney, and placed in the case file maintained by the state attorney.

(b)  On a quarterly basis, each state attorney shall submit copies of deviation memoranda regarding offenses committed on or after October 1, 1995, to the president of the Florida Prosecuting Attorneys Association, Inc. The association must maintain such information for at least a 10-year period.

(4)  A deviation from the adopted criteria is not subject to appellate review.

History.--s. 3, ch. 93-406; s. 3, ch. 95-182.