Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/HB 7035, 1st Eng.
Ì978768nÎ978768
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RS/3R .
04/23/2014 03:01 PM .
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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)1. A person who actually killed, intended to kill, or
18 attempted to kill the victim and who is convicted under s.
19 782.04 of a capital felony, or an offense that was reclassified
20 as a capital felony, which was committed before the person
21 attained 18 years of age shall be punished by a term of
22 imprisonment for life if, after a sentencing hearing conducted
23 by the court in accordance with s. 921.1401, the court finds
24 that life imprisonment is an appropriate sentence. If the court
25 finds that life imprisonment is not an appropriate sentence,
26 such person shall be punished by a term of imprisonment of at
27 least 40 years. However, a person sentenced pursuant to this
28 subparagraph is entitled to a review of his or her sentence in
29 accordance with s. 921.1402(2)(a). As a result of this review,
30 the sentence may be reduced as provided in s. 921.1402(7).
31 2. A person who did not actually kill, intend to kill, or
32 attempt to kill the victim and who is convicted under s. 782.04
33 of a capital felony, or an offense that was reclassified as a
34 capital felony, which was committed before the person attained
35 18 years of age may be punished by a term of imprisonment for
36 life or by a term of years equal to life if, after a sentencing
37 hearing conducted by the court in accordance with s. 921.1401,
38 the court finds that life imprisonment is an appropriate
39 sentence. If the court finds that life imprisonment is not an
40 appropriate sentence, such person shall be punished by a term of
41 imprisonment of at least 20 years. A person who is sentenced to
42 a term of imprisonment of more than 25 years is entitled to a
43 review of his or her sentence in accordance with s.
44 921.1402(2)(b).
45 3. For purposes of sentencing, in determining whether a
46 person actually killed, intended to kill, or attempted to kill
47 the victim, the court may find that multiple defendants killed,
48 intended to kill, or attempted to kill the victim.
49 (3) A person who has been convicted of any other designated
50 felony may be punished as follows:
51 (a)1. For a life felony committed before prior to October
52 1, 1983, by a term of imprisonment for life or for a term of at
53 least years not less than 30 years.
54 2. For a life felony committed on or after October 1, 1983,
55 by a term of imprisonment for life or by a term of imprisonment
56 not exceeding 40 years.
57 3. Except as provided in subparagraph 4., for a life felony
58 committed on or after July 1, 1995, by a term of imprisonment
59 for life or by imprisonment for a term of years not exceeding
60 life imprisonment.
61 4.a. Except as provided in sub-subparagraph b., for a life
62 felony committed on or after September 1, 2005, which is a
63 violation of s. 800.04(5)(b), by:
64 (I) A term of imprisonment for life; or
65 (II) A split sentence that is a term of at least not less
66 than 25 years’ imprisonment and not exceeding life imprisonment,
67 followed by probation or community control for the remainder of
68 the person’s natural life, as provided in s. 948.012(4).
69 b. For a life felony committed on or after July 1, 2008,
70 which is a person’s second or subsequent violation of s.
71 800.04(5)(b), by a term of imprisonment for life.
72 5. Notwithstanding subparagraphs 1.-4., a person who is
73 convicted under s. 782.04 of an offense that was reclassified as
74 a life felony which was committed before the person attained 18
75 years of age may be punished by a term of imprisonment for life
76 or by a term of years equal to life imprisonment if the judge
77 conducts a sentencing hearing in accordance with s. 921.1401 and
78 finds that life imprisonment or a term of years equal to life
79 imprisonment is an appropriate sentence.
80 a. A person who actually killed, intended to kill, or
81 attempted to kill the victim and is sentenced to a term of
82 imprisonment of more than 25 years is entitled to a review of
83 his or her sentence in accordance with s. 921.1402(2)(b).
84 b. A person who did not actually kill, intend to kill, or
85 attempt to kill the victim and is sentenced to a term of
86 imprisonment of more than 20 years is entitled to a review of
87 his or her sentence in accordance with s. 921.1402(2)(c).
88 c. For purposes of sentencing, in determining whether a
89 person actually killed, intended to kill, or attempted to kill
90 the victim, the court may find that multiple defendants killed,
91 intended to kill, or attempted to kill the victim.
92 (b)1. For a felony of the first degree, by a term of
93 imprisonment not exceeding 30 years or, when specifically
94 provided by statute, by imprisonment for a term of years not
95 exceeding life imprisonment.
96 2. Notwithstanding subparagraph 1., a person convicted
97 under s. 782.04 of a first-degree felony punishable by a term of
98 years not exceeding life imprisonment, or an offense that was
99 reclassified as a first degree felony punishable by a term of
100 years not exceeding life, which was committed before the person
101 attained 18 years of age may be punished by a term of years
102 equal to life imprisonment if the judge conducts a sentencing
103 hearing in accordance with s. 921.1401 and finds that a term of
104 years equal to life imprisonment is an appropriate sentence.
105 a. A person who actually killed, intended to kill, or
106 attempted to kill the victim and is sentenced to a term of
107 imprisonment of more than 25 years is entitled to a review of
108 his or her sentence in accordance with s. 921.1402(2)(b).
109 b. A person who did not actually kill, intend to kill, or
110 attempt to kill the victim and is sentenced to a term of
111 imprisonment of more than 20 years is entitled to a review of
112 his or her sentence in accordance with s. 921.1402(2)(c).
113 c. For purposes of sentencing, in determining whether a
114 person actually killed, intended to kill, or attempted to kill
115 the victim, the court may find that multiple defendants killed,
116 intended to kill, or attempted to kill the victim.
117 (c) Notwithstanding paragraphs (a) and (b), a person
118 convicted of an offense that is not included in s. 782.04 but
119 that is an offense that is a life felony or is punishable by a
120 term of imprisonment for life or by a term of years not
121 exceeding life imprisonment, or an offense that was reclassified
122 as a life felony or an offense punishable by a term of
123 imprisonment for life or by a term of years not exceeding life
124 imprisonment, which was committed before the person attained 18
125 years of age may be punished by a term of imprisonment for life
126 or a term of years equal to life imprisonment if the judge
127 conducts a sentencing hearing in accordance with s. 921.1401 and
128 finds that life imprisonment or a term of years equal to life
129 imprisonment is an appropriate sentence. A person who is
130 sentenced to a term of imprisonment of more than 20 years is
131 entitled to a review of his or her sentence in accordance with
132 s. 921.1402(2)(d).
133 (d)(c) For a felony of the second degree, by a term of
134 imprisonment not exceeding 15 years.
135 (e)(d) For a felony of the third degree, by a term of
136 imprisonment not exceeding 5 years.
137 Section 2. Section 921.1401, Florida Statutes, is created
138 to read:
139 921.1401 Sentence of life imprisonment for persons who are
140 under the age of 18 years at the time of the offense; sentencing
141 proceedings.—
142 (1) Upon conviction or adjudication of guilt of an offense
143 described in s. 775.082(1)(b), s. 775.082(3)(a)5., s.
144 775.082(3)(b)2., or s. 775.082(3)(c) which was committed on or
145 after July 1, 2014, the court may conduct a separate sentencing
146 hearing to determine if a term of imprisonment for life or a
147 term of years equal to life imprisonment is an appropriate
148 sentence.
149 (2) In determining whether life imprisonment or a term of
150 years equal to life imprisonment is an appropriate sentence, the
151 court shall consider factors relevant to the offense and the
152 defendant’s youth and attendant circumstances, including, but
153 not limited to:
154 (a) The nature and circumstances of the offense committed
155 by the defendant.
156 (b) The effect of the crime on the victim’s family and on
157 the community.
158 (c) The defendant’s age, maturity, intellectual capacity,
159 and mental and emotional health at the time of the offense.
160 (d) The defendant’s background, including his or her
161 family, home, and community environment.
162 (e) The effect, if any, of immaturity, impetuosity, or
163 failure to appreciate risks and consequences on the defendant’s
164 participation in the offense.
165 (f) The extent of the defendant’s participation in the
166 offense.
167 (g) The effect, if any, of familial pressure or peer
168 pressure on the defendant’s actions.
169 (h) The nature and extent of the defendant’s prior criminal
170 history.
171 (i) The effect, if any, of characteristics attributable to
172 the defendant’s youth on the defendant’s judgment.
173 (j) The possibility of rehabilitating the defendant.
174 Section 3. Section 921.1402, Florida Statutes, is created
175 to read:
176 921.1402 Review of sentences for persons convicted of
177 specified offenses committed while under the age of 18 years.—
178 (1) For purposes of this section, the term “juvenile
179 offender” means a person sentenced to imprisonment in the
180 custody of the Department of Corrections for an offense
181 committed on or after July 1, 2014, and committed before he or
182 she attained 18 years of age.
183 (2)(a) Except as provided in paragraph (e), a juvenile
184 offender sentenced under s. 775.082(1)(b)1. is entitled to a
185 review of his or her sentence after 25 years.
186 (b) Except as provided in paragraph (e), a juvenile
187 offender sentenced to a term of more than 25 years under s.
188 775.082(1)(b)2., s. 775.082(3)(a)5.a., or s. 775.082(3)(b)2.a.
189 is entitled to a review of his or her sentence after 25 years.
190 (c) Except as provided in paragraph (e), a juvenile
191 offender sentenced to a term of more than 20 years under s.
192 775.082(3)(a)5.b. or s. 775.082(3)(b)2.b. is entitled to a
193 review of his or her sentence after 20 years.
194 (d) A juvenile offender sentenced to a term of 20 years or
195 more under s. 775.082(3)(c) is entitled to a review of his or
196 her sentence after 20 years. If the juvenile offender is not
197 resentenced at the initial review hearing, he or she is eligible
198 for one subsequent review hearing 10 years after the initial
199 review hearing.
200 (e) A juvenile offender is not entitled to a sentence
201 review hearing under paragraph (a), paragraph (b), or paragraph
202 (c) if, before the sentence review hearing, such offender has
203 been adjudicated delinquent or convicted of one the following
204 offenses, or conspiracy to commit one of the following offenses:
205 1. Murder;
206 2. Manslaughter;
207 3. Sexual battery;
208 4. Armed burglary;
209 5. Armed robbery;
210 6. Armed carjacking;
211 7. Home-invasion robbery;
212 8. Human trafficking for commercial sexual activity with a
213 child under 18 years of age;
214 9. False imprisonment under s. 787.02(3)(a); or
215 10. Kidnapping.
216 (3) The Department of Corrections shall notify a juvenile
217 offender of his or her eligibility to request a sentence review
218 hearing 18 months before the juvenile offender is entitled to a
219 sentence review hearing under this section.
220 (4) A juvenile offender seeking sentence review pursuant to
221 subsection (2) must submit an application to the court of
222 original jurisdiction requesting that a sentence review hearing
223 be held. The juvenile offender must submit a new application to
224 the court of original jurisdiction to request subsequent
225 sentence review hearings pursuant to subsection (3). The
226 sentencing court shall retain original jurisdiction for the
227 duration of the sentence for this purpose.
228 (5) A juvenile offender who is eligible for a sentence
229 review hearing under this section is entitled to be represented
230 by counsel, and the court shall appoint a public defender to
231 represent the juvenile offender if the juvenile offender cannot
232 afford an attorney.
233 (6) Upon receiving an application from an eligible juvenile
234 offender, the court of original sentencing jurisdiction shall
235 hold a sentence review hearing to determine whether the juvenile
236 offender’s sentence should be modified. When determining if it
237 is appropriate to modify the juvenile offender’s sentence, the
238 court shall consider any factor it deems appropriate, including
239 all of the following:
240 (a) Whether the juvenile offender demonstrates maturity and
241 rehabilitation.
242 (b) Whether the juvenile offender remains at the same level
243 of risk to society as he or she did at the time of the initial
244 sentencing.
245 (c) The opinion of the victim or the victim’s next of kin.
246 The absence of the victim or the victim’s next of kin from the
247 sentence review hearing may not be a factor in the determination
248 of the court under this section. The court shall permit the
249 victim or victim’s next of kin to be heard, in person, in
250 writing, or by electronic means. If the victim or the victim’s
251 next of kin chooses not to participate in the hearing, the court
252 may consider previous statements made by the victim or the
253 victim’s next of kin during the trial, initial sentencing phase,
254 or subsequent sentencing review hearings.
255 (d) Whether the juvenile offender was a relatively minor
256 participant in the criminal offense or acted under extreme
257 duress or the domination of another person.
258 (e) Whether the juvenile offender has shown sincere and
259 sustained remorse for the criminal offense.
260 (f) Whether the juvenile offender’s age, maturity, and
261 psychological development at the time of the offense affected
262 his or her behavior.
263 (g) Whether the juvenile offender has successfully obtained
264 a general educational development certificate or completed
265 another educational, technical, work, vocational, or self
266 rehabilitation program, if such a program is available.
267 (h) Whether the juvenile offender was a victim of sexual,
268 physical, or emotional abuse before he or she committed the
269 offense.
270 (i) The results of any mental health assessment, risk
271 assessment, or evaluation of the juvenile offender as to
272 rehabilitation.
273 (7) If the court determines at a sentence review hearing
274 that the juvenile offender has been rehabilitated and is
275 reasonably believed to be fit to reenter society, the court
276 shall modify the sentence and impose a term of probation of at
277 least 5 years. If the court determines that the juvenile
278 offender has not demonstrated rehabilitation or is not fit to
279 reenter society, the court shall issue a written order stating
280 the reasons why the sentence is not being modified.
281 Section 4. Subsection (2) of section 316.3026, Florida
282 Statutes, is amended to read:
283 316.3026 Unlawful operation of motor carriers.—
284 (2) Any motor carrier enjoined or prohibited from operating
285 by an out-of-service order by this state, any other state, or
286 the Federal Motor Carrier Safety Administration may not operate
287 on the roadways of this state until the motor carrier has been
288 authorized to resume operations by the originating enforcement
289 jurisdiction. Commercial motor vehicles owned or operated by any
290 motor carrier prohibited from operation found on the roadways of
291 this state shall be placed out of service by law enforcement
292 officers of the Department of Highway Safety and Motor Vehicles,
293 and the motor carrier assessed a $10,000 civil penalty pursuant
294 to 49 C.F.R. s. 383.53, in addition to any other penalties
295 imposed on the driver or other responsible person. Any person
296 who knowingly drives, operates, or causes to be operated any
297 commercial motor vehicle in violation of an out-of-service order
298 issued by the department in accordance with this section commits
299 a felony of the third degree, punishable as provided in s.
300 775.082(3)(e) 775.082(3)(d). Any costs associated with the
301 impoundment or storage of such vehicles are the responsibility
302 of the motor carrier. Vehicle out-of-service orders may be
303 rescinded when the department receives proof of authorization
304 for the motor carrier to resume operation.
305 Section 5. Subsection (3) of section 373.430, Florida
306 Statutes, is amended to read:
307 373.430 Prohibitions, violation, penalty, intent.—
308 (3) Any person who willfully commits a violation specified
309 in paragraph (1)(a) is guilty of a felony of the third degree,
310 punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
311 775.083(1)(g), by a fine of not more than $50,000 or by
312 imprisonment for 5 years, or by both, for each offense. Each day
313 during any portion of which such violation occurs constitutes a
314 separate offense.
315 Section 6. Subsection (3) of section 403.161, Florida
316 Statutes, is amended to read:
317 403.161 Prohibitions, violation, penalty, intent.—
318 (3) Any person who willfully commits a violation specified
319 in paragraph (1)(a) is guilty of a felony of the third degree
320 punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
321 775.083(1)(g) by a fine of not more than $50,000 or by
322 imprisonment for 5 years, or by both, for each offense. Each day
323 during any portion of which such violation occurs constitutes a
324 separate offense.
325 Section 7. Paragraph (c) of subsection (3) of section
326 648.571, Florida Statutes, is amended to read:
327 648.571 Failure to return collateral; penalty.—
328 (3)
329 (c) Allowable expenses incurred in apprehending a defendant
330 because of a bond forfeiture or judgment under s. 903.29 may be
331 deducted if such expenses are accounted for. The failure to
332 return collateral under these terms is punishable as follows:
333 1. If the collateral is of a value less than $100, as
334 provided in s. 775.082(4)(a).
335 2. If the collateral is of a value of $100 or more, as
336 provided in s. 775.082(3)(e) 775.082(3)(d).
337 3. If the collateral is of a value of $1,500 or more, as
338 provided in s. 775.082(3)(d) 775.082(3)(c).
339 4. If the collateral is of a value of $10,000 or more, as
340 provided in s. 775.082(3)(b).
341 Section 8. This act shall take effect July 1, 2014.
342
343 ================= T I T L E A M E N D M E N T ================
344 And the title is amended as follows:
345 Delete everything before the enacting clause
346 and insert:
347 A bill to be entitled
348 An act relating to juvenile sentencing; amending s.
349 775.082, F.S.; providing criminal penalties applicable
350 to a juvenile offender for certain serious felonies;
351 requiring a judge to consider specified factors before
352 determining if life imprisonment is an appropriate
353 sentence for a juvenile offender convicted of certain
354 offenses; providing review of sentences for specified
355 juvenile offenders; creating s. 921.1401, F.S.;
356 providing sentencing proceedings for determining if
357 life imprisonment is an appropriate sentence for a
358 juvenile offender convicted of certain offenses;
359 providing certain factors a judge shall consider when
360 determining if life imprisonment is appropriate for a
361 juvenile offender; creating s. 921.1402, F.S.;
362 defining the term “juvenile offender”; providing
363 sentence review proceedings to be conducted after a
364 specified period of time by the original sentencing
365 court for juvenile offenders convicted of certain
366 offenses; providing for subsequent reviews; requiring
367 the Department of Corrections to notify a juvenile
368 offender of his or her eligibility to participate in
369 sentence review hearings; entitling a juvenile
370 offender to be represented by counsel; providing
371 factors that must be considered by the court in the
372 sentence review; requiring the court to modify a
373 juvenile offender’s sentence if certain factors are
374 found; requiring the court to impose a term of
375 probation for any sentence modified; requiring the
376 court to make written findings if the court declines
377 to modify a juvenile offender’s sentence; amending ss.
378 316.3026, 373.430, 403.161, and 648.571, F.S.;
379 conforming cross-references; providing an effective
380 date.