Florida Senate - 2014                              CS for SB 384
       
       
        
       By the Committee on Appropriations; and Senator Bradley
       
       
       
       
       
       576-02578-14                                           2014384c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile sentencing; amending s.
    3         775.082, F.S.; providing criminal sentences applicable
    4         to a person who was under the age of 18 years at the
    5         time the offense was committed; requiring a judge to
    6         consider certain factors before determining if life
    7         imprisonment is an appropriate sentence for a homicide
    8         defendant; providing for review of sentences of
    9         certain offenders who were under the age of 18 at the
   10         time of the offense; providing requirements and
   11         procedures for such reviews; amending ss. 316.3026,
   12         373.430, 403.161, and 648.571, F.S.; conforming cross
   13         references; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1) and (3) of section 775.082,
   18  Florida Statutes, are amended to read:
   19         775.082 Penalties; applicability of sentencing structures;
   20  mandatory minimum sentences for certain reoffenders previously
   21  released from prison.—
   22         (1)(a)Except as provided in paragraph (b), a person who
   23  has been convicted of a capital felony shall be punished by
   24  death if the proceeding held to determine sentence according to
   25  the procedure set forth in s. 921.141 results in findings by the
   26  court that such person shall be punished by death, otherwise
   27  such person shall be punished by life imprisonment and shall be
   28  ineligible for parole.
   29         (b) For offenses committed before the offender attained 18
   30  years of age, a person who is convicted of a capital felony or
   31  an offense that was reclassified as a capital felony shall be
   32  punished by life imprisonment and is ineligible for parole if
   33  the judge at a mandatory sentencing hearing concludes that life
   34  imprisonment is an appropriate sentence. In determining whether
   35  life imprisonment is an appropriate sentence, the judge shall
   36  consider factors relevant to the offense and to the defendant’s
   37  youth and attendant circumstances, including, but not limited
   38  to:
   39         1.The nature and circumstances of the offense committed by
   40  the defendant.
   41         2.The effect of the crime on the victim’s family and on
   42  the community.
   43         3.The defendant’s age, maturity, intellectual capacity,
   44  and mental and emotional health at the time of the offense.
   45         4.The defendant’s background, including his or her family,
   46  home, and community environment.
   47         5.The effect, if any, of immaturity, impetuosity, or
   48  failure to appreciate risks and consequences on the defendant’s
   49  participation in the offense.
   50         6.The extent of the defendant’s participation in the
   51  offense.
   52         7.The effect, if any, of familial pressure or peer
   53  pressure on the defendant’s actions.
   54         8.The nature and extent of the defendant’s prior criminal
   55  history.
   56         9.The effect, if any, of characteristics attributable to
   57  the defendant’s youth on the defendant’s judgment.
   58         10.The possibility of rehabilitating the defendant.
   59  
   60  If the judge concludes that life imprisonment is not an
   61  appropriate sentence, the defendant shall be punished by
   62  imprisonment for a term of not less than 35 years.
   63         (3) A person who has been convicted of any other designated
   64  felony may be punished as follows:
   65         (a)1. For a life felony committed before prior to October
   66  1, 1983, by a term of imprisonment for life or for a term of
   67  years not less than 30.
   68         2. For a life felony committed on or after October 1, 1983,
   69  by a term of imprisonment for life or by a term of imprisonment
   70  not exceeding 40 years.
   71         3. Except as provided in subparagraph 4., for a life felony
   72  committed on or after July 1, 1995, by a term of imprisonment
   73  for life or by imprisonment for a term of years not exceeding
   74  life imprisonment.
   75         4.a. Except as provided in sub-subparagraph b., for a life
   76  felony committed on or after September 1, 2005, which is a
   77  violation of s. 800.04(5)(b), by:
   78         (I) A term of imprisonment for life; or
   79         (II) A split sentence that is a term of not less than 25
   80  years’ imprisonment and not exceeding life imprisonment,
   81  followed by probation or community control for the remainder of
   82  the person’s natural life, as provided in s. 948.012(4).
   83         b. For a life felony committed on or after July 1, 2008,
   84  which is a person’s second or subsequent violation of s.
   85  800.04(5)(b), by a term of imprisonment for life.
   86         (b)Notwithstanding paragraph (a), for offenses committed
   87  before the offender attained 18 years of age, a person convicted
   88  under s. 782.04 of an offense that was reclassified as a life
   89  felony is eligible to be punished by life imprisonment or by
   90  imprisonment for a term of years equal to life imprisonment if
   91  the judge at a mandatory sentencing hearing considers factors
   92  relevant to the offense and to the defendant’s youth and
   93  attendant circumstances, including, but not limited to, the
   94  factors listed in paragraph (1)(b), and concludes that
   95  imprisonment for life or a term of years equal to life
   96  imprisonment is an appropriate sentence.
   97         (c)(b) For a felony of the first degree, by a term of
   98  imprisonment not exceeding 30 years or, when specifically
   99  provided by statute, by imprisonment for a term of years not
  100  exceeding life imprisonment. However, for offenses committed
  101  before the offender attained 18 years of age, a person convicted
  102  under s. 782.04 of a first-degree felony punishable by a term of
  103  years not exceeding life imprisonment or an offense that was
  104  reclassified as a first-degree felony punishable by a term of
  105  years not exceeding life imprisonment is eligible for a term of
  106  years equal to life imprisonment only if the judge at a
  107  mandatory sentencing hearing considers factors relevant to the
  108  offense and to the defendant’s youth and attendant
  109  circumstances, including, but not limited to, the factors
  110  specified in paragraph (1)(b), and concludes that a term of
  111  years equal to life imprisonment is an appropriate sentence.
  112         (d)(c) For a felony of the second degree, by a term of
  113  imprisonment not exceeding 15 years.
  114         (e)(d) For a felony of the third degree, by a term of
  115  imprisonment not exceeding 5 years.
  116         Section 2. (1)A person who is sentenced to imprisonment
  117  for committing an offense before attaining 18 years of age is
  118  entitled to review of his or her sentence in the following
  119  circumstances:
  120         (a) A person who is sentenced to life imprisonment,
  121  imprisonment for life, or imprisonment for a term of more than
  122  25 years for any offense that is included in s. 782.04, Florida
  123  Statutes, but for which he or she was not the person who
  124  actually killed the victim, is entitled to a review of his or
  125  her sentence after 25 years. The sentencing court shall retain
  126  original jurisdiction for the duration of the sentence for this
  127  purpose.
  128         (b) A person who is sentenced to life imprisonment,
  129  imprisonment for life, or imprisonment for a term of more than
  130  20 years for any offense that is not included in s. 782.04,
  131  Florida Statutes, is entitled to a review of his or her sentence
  132  after 20 years. If the court does not modify the person’s
  133  sentence in accordance with subsection (5) and the person is
  134  serving a sentence of imprisonment for a term of more than 30
  135  years, the person is entitled to another review of his or her
  136  sentence after serving 30 years of the sentence. The sentencing
  137  court shall retain original jurisdiction for the duration of the
  138  sentence for this purpose.
  139         (2) The Department of Corrections shall notify a juvenile
  140  offender who is committed to the department of his or her
  141  eligibility to participate in a resentencing hearing 30 months
  142  before the date that he or she will be eligible for the
  143  resentencing hearing. The juvenile offender may apply to the
  144  court of original jurisdiction requesting that a resentencing
  145  hearing be held.
  146         (3) An offender is entitled to be represented by counsel,
  147  and the court shall appoint a public defender to represent the
  148  offender if the offender cannot afford an attorney.
  149         (4) The court shall hold a resentencing hearing to
  150  determine whether the offender’s sentence should be modified.
  151  The resentencing court shall consider all of the following:
  152         (a) Whether the offender demonstrates maturity and
  153  rehabilitation.
  154         (b) Whether the offender remains at the same level of risk
  155  to society as he or she did at the time of the initial
  156  sentencing.
  157         (c) The opinion of the victim or the victim’s next of kin.
  158  The absence of the victim or the victim’s next of kin from the
  159  resentencing hearing may not be a factor in the court’s
  160  determination under this section. If the victim or the victim’s
  161  next of kin chooses not to participate in the hearing, the court
  162  may consider previous statements made by the victim or the
  163  victim’s next of kin during the trial or initial sentencing
  164  phase.
  165         (d) Whether the offender was a relatively minor participant
  166  in the criminal offense or acted under extreme duress or the
  167  domination of another person.
  168         (e) Whether the offender has shown sincere and sustained
  169  remorse for the criminal offense.
  170         (f) Whether the offender’s age, maturity, and psychological
  171  development at the time of the offense affected his or her
  172  behavior.
  173         (g) Whether the offender has successfully obtained a
  174  general educational development certificate or completed another
  175  educational, technical, work, vocational, or self-rehabilitation
  176  program, if such a program is available.
  177         (h) Whether the offender was a victim of sexual, physical,
  178  or emotional abuse before he or she committed the offense.
  179         (i) The results of any mental health assessment, risk
  180  assessment, or evaluation of the offender as to rehabilitation.
  181         (5) If the court determines at the resentencing hearing
  182  that the offender has been rehabilitated and is reasonably
  183  believed to be fit to reenter society based on these factors, a
  184  term of probation of at least 5 years shall be imposed. If the
  185  court determines that the offender has not demonstrated
  186  rehabilitation and is not fit to reenter society based on these
  187  factors, the court shall issue an order in writing stating the
  188  reasons why the sentence is not being modified.
  189         Section 3. Subsection (2) of section 316.3026, Florida
  190  Statutes, is amended to read:
  191         316.3026 Unlawful operation of motor carriers.—
  192         (2) Any motor carrier enjoined or prohibited from operating
  193  by an out-of-service order by this state, any other state, or
  194  the Federal Motor Carrier Safety Administration may not operate
  195  on the roadways of this state until the motor carrier has been
  196  authorized to resume operations by the originating enforcement
  197  jurisdiction. Commercial motor vehicles owned or operated by any
  198  motor carrier prohibited from operation found on the roadways of
  199  this state shall be placed out of service by law enforcement
  200  officers of the Department of Highway Safety and Motor Vehicles,
  201  and the motor carrier assessed a $10,000 civil penalty pursuant
  202  to 49 C.F.R. s. 383.53, in addition to any other penalties
  203  imposed on the driver or other responsible person. Any person
  204  who knowingly drives, operates, or causes to be operated any
  205  commercial motor vehicle in violation of an out-of-service order
  206  issued by the department in accordance with this section commits
  207  a felony of the third degree, punishable as provided in s.
  208  775.082(3)(e) 775.082(3)(d). Any costs associated with the
  209  impoundment or storage of such vehicles are the responsibility
  210  of the motor carrier. Vehicle out-of-service orders may be
  211  rescinded when the department receives proof of authorization
  212  for the motor carrier to resume operation.
  213         Section 4. Subsection (3) of section 373.430, Florida
  214  Statutes, is amended to read:
  215         373.430 Prohibitions, violation, penalty, intent.—
  216         (3) Any person who willfully commits a violation specified
  217  in paragraph (1)(a) is guilty of a felony of the third degree,
  218  punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
  219  775.083(1)(g), by a fine of not more than $50,000 or by
  220  imprisonment for 5 years, or by both, for each offense. Each day
  221  during any portion of which such violation occurs constitutes a
  222  separate offense.
  223         Section 5. Subsection (3) of section 403.161, Florida
  224  Statutes, is amended to read:
  225         403.161 Prohibitions, violation, penalty, intent.—
  226         (3) Any person who willfully commits a violation specified
  227  in paragraph (1)(a) is guilty of a felony of the third degree
  228  punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
  229  775.083(1)(g) by a fine of not more than $50,000 or by
  230  imprisonment for 5 years, or by both, for each offense. Each day
  231  during any portion of which such violation occurs constitutes a
  232  separate offense.
  233         Section 6. Paragraph (c) of subsection (3) of section
  234  648.571, Florida Statutes, is amended to read:
  235         648.571 Failure to return collateral; penalty.—
  236         (3)
  237         (c) Allowable expenses incurred in apprehending a defendant
  238  because of a bond forfeiture or judgment under s. 903.29 may be
  239  deducted if such expenses are accounted for. The failure to
  240  return collateral under these terms is punishable as follows:
  241         1. If the collateral is of a value less than $100, as
  242  provided in s. 775.082(4)(a).
  243         2. If the collateral is of a value of $100 or more, as
  244  provided in s. 775.082(3)(e) 775.082(3)(d).
  245         3. If the collateral is of a value of $1,500 or more, as
  246  provided in s. 775.082(3)(d) 775.082(3)(c).
  247         4. If the collateral is of a value of $10,000 or more, as
  248  provided in s. 775.082(3)(c) 775.082(3)(b).
  249         Section 7. This act shall take effect July 1, 2014.