Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7035, 1st Eng.
       
       
       
       
       
       
                                Ì176486RÎ176486                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/11/2014 11:10 AM       .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (3) of section 775.082,
    6  Florida Statutes, are amended to read:
    7         775.082 Penalties; applicability of sentencing structures;
    8  mandatory minimum sentences for certain reoffenders previously
    9  released from prison.—
   10         (1)(a)Except as provided in paragraph (b), a person who
   11  has been convicted of a capital felony shall be punished by
   12  death if the proceeding held to determine sentence according to
   13  the procedure set forth in s. 921.141 results in findings by the
   14  court that such person shall be punished by death, otherwise
   15  such person shall be punished by life imprisonment and shall be
   16  ineligible for parole.
   17         (b) For offenses committed before the offender attained 18
   18  years of age, a person who is convicted of a capital felony or
   19  an offense that was reclassified as a capital felony shall be
   20  punished by life imprisonment and is ineligible for parole if
   21  the judge at a mandatory sentencing hearing concludes that life
   22  imprisonment is an appropriate sentence. In determining whether
   23  life imprisonment is an appropriate sentence, the judge shall
   24  consider factors relevant to the offense and to the defendant’s
   25  youth and attendant circumstances, including, but not limited
   26  to:
   27         1.The nature and circumstances of the offense committed by
   28  the defendant.
   29         2.The effect of the crime on the victim’s family and on
   30  the community.
   31         3.The defendant’s age, maturity, intellectual capacity,
   32  and mental and emotional health at the time of the offense.
   33         4.The defendant’s background, including his or her family,
   34  home, and community environment.
   35         5.The effect, if any, of immaturity, impetuosity, or
   36  failure to appreciate risks and consequences on the defendant’s
   37  participation in the offense.
   38         6.The extent of the defendant’s participation in the
   39  offense.
   40         7.The effect, if any, of familial pressure or peer
   41  pressure on the defendant’s actions.
   42         8.The nature and extent of the defendant’s prior criminal
   43  history.
   44         9.The effect, if any, of characteristics attributable to
   45  the defendant’s youth on the defendant’s judgment.
   46         10.The possibility of rehabilitating the defendant.
   47  
   48  If the judge concludes that life imprisonment is not an
   49  appropriate sentence, the defendant shall be punished by
   50  imprisonment for a term of not less than 35 years.
   51         (3) A person who has been convicted of any other designated
   52  felony may be punished as follows:
   53         (a)1. For a life felony committed before prior to October
   54  1, 1983, by a term of imprisonment for life or for a term of
   55  years not less than 30.
   56         2. For a life felony committed on or after October 1, 1983,
   57  by a term of imprisonment for life or by a term of imprisonment
   58  not exceeding 40 years.
   59         3. Except as provided in subparagraph 4., for a life felony
   60  committed on or after July 1, 1995, by a term of imprisonment
   61  for life or by imprisonment for a term of years not exceeding
   62  life imprisonment.
   63         4.a. Except as provided in sub-subparagraph b., for a life
   64  felony committed on or after September 1, 2005, which is a
   65  violation of s. 800.04(5)(b), by:
   66         (I) A term of imprisonment for life; or
   67         (II) A split sentence that is a term of not less than 25
   68  years’ imprisonment and not exceeding life imprisonment,
   69  followed by probation or community control for the remainder of
   70  the person’s natural life, as provided in s. 948.012(4).
   71         b. For a life felony committed on or after July 1, 2008,
   72  which is a person’s second or subsequent violation of s.
   73  800.04(5)(b), by a term of imprisonment for life.
   74         (b)Notwithstanding paragraph (a), for offenses committed
   75  before the offender attained 18 years of age, a person convicted
   76  under s. 782.04 of an offense that was reclassified as a life
   77  felony is eligible to be punished by life imprisonment or by
   78  imprisonment for a term of years equal to life imprisonment if
   79  the judge at a mandatory sentencing hearing considers factors
   80  relevant to the offense and to the defendant’s youth and
   81  attendant circumstances, including, but not limited to, the
   82  factors listed in paragraph (1)(b), and concludes that
   83  imprisonment for life or a term of years equal to life
   84  imprisonment is an appropriate sentence.
   85         (c)(b) For a felony of the first degree, by a term of
   86  imprisonment not exceeding 30 years or, when specifically
   87  provided by statute, by imprisonment for a term of years not
   88  exceeding life imprisonment. However, for offenses committed
   89  before the offender attained 18 years of age, a person convicted
   90  under s. 782.04 of a first-degree felony punishable by a term of
   91  years not exceeding life imprisonment or an offense that was
   92  reclassified as a first-degree felony punishable by a term of
   93  years not exceeding life imprisonment is eligible for a term of
   94  years equal to life imprisonment only if the judge at a
   95  mandatory sentencing hearing considers factors relevant to the
   96  offense and to the defendant’s youth and attendant
   97  circumstances, including, but not limited to, the factors
   98  specified in paragraph (1)(b), and concludes that a term of
   99  years equal to life imprisonment is an appropriate sentence.
  100         (d)(c) For a felony of the second degree, by a term of
  101  imprisonment not exceeding 15 years.
  102         (e)(d) For a felony of the third degree, by a term of
  103  imprisonment not exceeding 5 years.
  104         Section 2. (1)A person who is sentenced to imprisonment
  105  for committing an offense before attaining 18 years of age is
  106  entitled to review of his or her sentence in the following
  107  circumstances:
  108         (a) A person who is sentenced to life imprisonment,
  109  imprisonment for life, or imprisonment for a term of more than
  110  25 years for any offense that is included in s. 782.04, Florida
  111  Statutes, but for which he or she was not the person who
  112  actually killed the victim, is entitled to a review of his or
  113  her sentence after 25 years. The sentencing court shall retain
  114  original jurisdiction for the duration of the sentence for this
  115  purpose.
  116         (b) A person who is sentenced to life imprisonment,
  117  imprisonment for life, or imprisonment for a term of more than
  118  20 years for any offense that is not included in s. 782.04,
  119  Florida Statutes, is entitled to a review of his or her sentence
  120  after 20 years. If the court does not modify the person’s
  121  sentence in accordance with subsection (5) and the person is
  122  serving a sentence of imprisonment for a term of more than 30
  123  years, the person is entitled to another review of his or her
  124  sentence after serving 30 years of the sentence. The sentencing
  125  court shall retain original jurisdiction for the duration of the
  126  sentence for this purpose.
  127         (2) The Department of Corrections shall notify a juvenile
  128  offender who is committed to the department of his or her
  129  eligibility to participate in a resentencing hearing 30 months
  130  before the date that he or she will be eligible for the
  131  resentencing hearing. The juvenile offender may apply to the
  132  court of original jurisdiction requesting that a resentencing
  133  hearing be held.
  134         (3) An offender is entitled to be represented by counsel,
  135  and the court shall appoint a public defender to represent the
  136  offender if the offender cannot afford an attorney.
  137         (4) The court shall hold a resentencing hearing to
  138  determine whether the offender’s sentence should be modified.
  139  The resentencing court shall consider all of the following:
  140         (a) Whether the offender demonstrates maturity and
  141  rehabilitation.
  142         (b) Whether the offender remains at the same level of risk
  143  to society as he or she did at the time of the initial
  144  sentencing.
  145         (c) The opinion of the victim or the victim’s next of kin.
  146  The absence of the victim or the victim’s next of kin from the
  147  resentencing hearing may not be a factor in the court’s
  148  determination under this section. If the victim or the victim’s
  149  next of kin chooses not to participate in the hearing, the court
  150  may consider previous statements made by the victim or the
  151  victim’s next of kin during the trial or initial sentencing
  152  phase.
  153         (d) Whether the offender was a relatively minor participant
  154  in the criminal offense or acted under extreme duress or the
  155  domination of another person.
  156         (e) Whether the offender has shown sincere and sustained
  157  remorse for the criminal offense.
  158         (f) Whether the offender’s age, maturity, and psychological
  159  development at the time of the offense affected his or her
  160  behavior.
  161         (g) Whether the offender has successfully obtained a
  162  general educational development certificate or completed another
  163  educational, technical, work, vocational, or self-rehabilitation
  164  program, if such a program is available.
  165         (h) Whether the offender was a victim of sexual, physical,
  166  or emotional abuse before he or she committed the offense.
  167         (i) The results of any mental health assessment, risk
  168  assessment, or evaluation of the offender as to rehabilitation.
  169         (5) If the court determines at the resentencing hearing
  170  that the offender has been rehabilitated and is reasonably
  171  believed to be fit to reenter society based on these factors, a
  172  term of probation of at least 5 years shall be imposed. If the
  173  court determines that the offender has not demonstrated
  174  rehabilitation and is not fit to reenter society based on these
  175  factors, the court shall issue an order in writing stating the
  176  reasons why the sentence is not being modified.
  177         Section 3. Subsection (2) of section 316.3026, Florida
  178  Statutes, is amended to read:
  179         316.3026 Unlawful operation of motor carriers.—
  180         (2) Any motor carrier enjoined or prohibited from operating
  181  by an out-of-service order by this state, any other state, or
  182  the Federal Motor Carrier Safety Administration may not operate
  183  on the roadways of this state until the motor carrier has been
  184  authorized to resume operations by the originating enforcement
  185  jurisdiction. Commercial motor vehicles owned or operated by any
  186  motor carrier prohibited from operation found on the roadways of
  187  this state shall be placed out of service by law enforcement
  188  officers of the Department of Highway Safety and Motor Vehicles,
  189  and the motor carrier assessed a $10,000 civil penalty pursuant
  190  to 49 C.F.R. s. 383.53, in addition to any other penalties
  191  imposed on the driver or other responsible person. Any person
  192  who knowingly drives, operates, or causes to be operated any
  193  commercial motor vehicle in violation of an out-of-service order
  194  issued by the department in accordance with this section commits
  195  a felony of the third degree, punishable as provided in s.
  196  775.082(3)(e) 775.082(3)(d). Any costs associated with the
  197  impoundment or storage of such vehicles are the responsibility
  198  of the motor carrier. Vehicle out-of-service orders may be
  199  rescinded when the department receives proof of authorization
  200  for the motor carrier to resume operation.
  201         Section 4. Subsection (3) of section 373.430, Florida
  202  Statutes, is amended to read:
  203         373.430 Prohibitions, violation, penalty, intent.—
  204         (3) Any person who willfully commits a violation specified
  205  in paragraph (1)(a) is guilty of a felony of the third degree,
  206  punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
  207  775.083(1)(g), by a fine of not more than $50,000 or by
  208  imprisonment for 5 years, or by both, for each offense. Each day
  209  during any portion of which such violation occurs constitutes a
  210  separate offense.
  211         Section 5. Subsection (3) of section 403.161, Florida
  212  Statutes, is amended to read:
  213         403.161 Prohibitions, violation, penalty, intent.—
  214         (3) Any person who willfully commits a violation specified
  215  in paragraph (1)(a) is guilty of a felony of the third degree
  216  punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
  217  775.083(1)(g) by a fine of not more than $50,000 or by
  218  imprisonment for 5 years, or by both, for each offense. Each day
  219  during any portion of which such violation occurs constitutes a
  220  separate offense.
  221         Section 6. Paragraph (c) of subsection (3) of section
  222  648.571, Florida Statutes, is amended to read:
  223         648.571 Failure to return collateral; penalty.—
  224         (3)
  225         (c) Allowable expenses incurred in apprehending a defendant
  226  because of a bond forfeiture or judgment under s. 903.29 may be
  227  deducted if such expenses are accounted for. The failure to
  228  return collateral under these terms is punishable as follows:
  229         1. If the collateral is of a value less than $100, as
  230  provided in s. 775.082(4)(a).
  231         2. If the collateral is of a value of $100 or more, as
  232  provided in s. 775.082(3)(e) 775.082(3)(d).
  233         3. If the collateral is of a value of $1,500 or more, as
  234  provided in s. 775.082(3)(d) 775.082(3)(c).
  235         4. If the collateral is of a value of $10,000 or more, as
  236  provided in s. 775.082(3)(c) 775.082(3)(b).
  237         Section 7. This act shall take effect July 1, 2014.
  238  
  239  ================= T I T L E  A M E N D M E N T ================
  240  And the title is amended as follows:
  241         Delete everything before the enacting clause
  242  and insert:
  243                        A bill to be entitled                      
  244         An act relating to juvenile sentencing; amending s.
  245         775.082, F.S.; providing criminal sentences applicable
  246         to a person who was under the age of 18 years at the
  247         time the offense was committed; requiring a judge to
  248         consider certain factors before determining if life
  249         imprisonment is an appropriate sentence for a homicide
  250         defendant; providing for review of sentences of
  251         certain offenders who were under the age of 18 at the
  252         time of the offense; providing requirements and
  253         procedures for such reviews; amending ss. 316.3026,
  254         373.430, 403.161, and 648.571, F.S.; conforming cross
  255         references; providing an effective date.