Florida Senate - 2020 SB 902
By Senator Rouson
19-00135-20 2020902__
1 A bill to be entitled
2 An act relating to sentencing; creating s. 775.08701,
3 F.S.; providing legislative intent; prohibiting
4 certain persons from being sentenced to mandatory
5 minimum terms of imprisonment for aggravated assault
6 or attempted aggravated assault committed before a
7 specified date; requiring resentencing for persons who
8 committed those violations before a specified date and
9 are serving mandatory minimum terms of imprisonment;
10 specifying the procedures for such resentencing;
11 providing eligibility for gain-time for such
12 resentenced persons; creating s. 893.13501, F.S.;
13 providing legislative intent; providing for sentencing
14 or resentencing for persons who committed certain
15 violations before a specified date which involved
16 trafficking in hydrocodone or codeine; requiring
17 resentencing for persons who committed those
18 violations before a specified date and are serving
19 mandatory minimum terms of imprisonment; providing
20 criminal penalties for such violations that are
21 subject to resentencing; providing legislative intent;
22 requiring sentencing or resentencing for persons who
23 committed certain violations before a specified date
24 which involved trafficking in oxycodone; providing
25 criminal penalties for such violation that is subject
26 to resentencing; specifying the procedures for such
27 resentencing; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 775.08701, Florida Statutes, is created
32 to read:
33 775.08701 Retroactive application relating to s. 775.087;
34 legislative intent; prohibiting mandatory minimum sentencing for
35 certain offenses; resentencing procedures.—
36 (1) It is the intent of the Legislature to retroactively
37 apply chapter 2016-7, Laws of Florida, only as provided in this
38 section, to persons who committed aggravated assault or
39 attempted aggravated assault before July 1, 2016, the effective
40 date of chapter 2016-7, Laws of Florida, which amended s.
41 775.087 to remove aggravated assault or attempted aggravated
42 assault from the list of predicate offenses for mandatory
43 minimum terms of imprisonment under that section.
44 (2) As used in this section, a reference to “former s.
45 775.087” is a reference to s. 775.087 as it existed at any time
46 before its amendment by chapter 2016-7, Laws of Florida.
47 (3)(a) A person who committed aggravated assault or
48 attempted aggravated assault before July 1, 2016, but was not
49 sentenced under former s. 775.087 before October 1, 2020, the
50 effective date of this act, may not be sentenced for that
51 violation to a mandatory minimum term of imprisonment under
52 former s. 775.087.
53 (b) A person who committed aggravated assault or attempted
54 aggravated assault before July 1, 2016, who was sentenced before
55 October 1, 2019, to a mandatory minimum term of imprisonment
56 pursuant to former s. 775.087, and who is serving such mandatory
57 minimum term of imprisonment on or after October 1, 2020, must
58 be resentenced in accordance with paragraph (c) to a sentence
59 without such mandatory minimum term of imprisonment. The person
60 must be resentenced to a sentence as provided in s. 775.082, s.
61 775.083, or s. 775.084.
62 (c) Resentencing under this section must occur in the
63 following manner:
64 1. The Department of Corrections shall notify the person
65 described in paragraph (b) of his or her eligibility to request
66 a sentence review hearing.
67 2. The person seeking sentence review under this section
68 may submit an application to the court of original jurisdiction
69 requesting that a sentence review hearing be held. The
70 sentencing court shall retain original jurisdiction for the
71 duration of the sentence for this purpose.
72 3. A person who is eligible for a sentence review hearing
73 under this section is entitled to be represented by counsel, and
74 the court shall appoint a public defender to represent the
75 person if he or she cannot afford an attorney.
76 4. Upon receiving an application from the eligible person,
77 the court of original sentencing jurisdiction shall hold a
78 sentence review hearing to determine if the eligible person
79 meets the criteria for resentencing under this section. If the
80 court determines at the sentence review hearing that the
81 eligible person meets the criteria in this section for
82 resentencing, the court must resentence the person as provided
83 in this section; however, the new sentence may not exceed the
84 person’s original sentence with credit for time served. If the
85 court determines that such person does not meet the criteria for
86 resentencing under this section, the court must provide written
87 reasons why such person does not meet such criteria.
88 (d) A person sentenced or resentenced pursuant to this
89 section is eligible to receive any gain-time pursuant to s.
90 944.275 which he or she was previously ineligible to receive
91 because of the imposition of the mandatory minimum term of
92 imprisonment pursuant to former s. 775.087.
93 Section 2. Section 893.13501, Florida Statutes, is created
94 to read:
95 893.13501 Retroactive application relating to s. 893.135;
96 legislative intent; sentencing or resentencing for trafficking
97 in hydrocodone, codeine, or oxycodone; penalties; resentencing
98 procedures.—
99 (1)(a) It is the intent of the Legislature to retroactively
100 apply changes to gram-weight thresholds and ranges and to
101 penalties for trafficking in hydrocodone or codeine which are
102 applicable to offenders who committed these offenses on or after
103 October 1, 2019, the effective date of amendments to s. 893.135
104 by chapter 2019-167, Laws of Florida. These changes must be
105 retroactively applied as provided in this subsection to a
106 violation of s. 893.135(1)(c) involving trafficking in
107 hydrocodone, as described in s. 893.03(2)(a)1.k.; trafficking in
108 codeine, as described in s. 893.03(2)(a)1.g.; or trafficking in
109 any salt of hydrocodone or of codeine, or any mixture containing
110 any such substance, as described in s. 893.03(2)(a)2., if the
111 violation was committed before October 1, 2019, and the
112 violation was punishable as a felony of the first degree at the
113 time the violation was committed.
114 (b) A person who committed a trafficking violation
115 described in paragraph (a) before October 1, 2019, but who was
116 not sentenced for such violation before October 1, 2020, the
117 effective date of this act, must be sentenced as provided in
118 paragraph (d).
119 (c) A person who committed a trafficking violation
120 described in paragraph (a) before October 1, 2019, and who is
121 serving a mandatory minimum term of imprisonment for such
122 violation on or after October 1, 2020, must be resentenced as
123 provided in paragraph (d) and in accordance with subsection (3).
124 (d)1. The violation described in paragraph (a) for which
125 the person is to be sentenced or resentenced pursuant to this
126 subsection is a felony of the first degree, punishable as
127 provided in s. 775.082, s. 775.083, or s. 775.084.
128 2. If the quantity of hydrocodone, as described in s.
129 893.03(2)(a)1.k., codeine, as described in s. 893.03(2)(a)1.g.,
130 any salt thereof, or any mixture containing any such substance
131 involved in the violation of s. 893.135:
132 a. Was 4 grams or more, but less than 28 grams, such person
133 must be sentenced or resentenced as provided in s. 775.082, s.
134 775.083, or s. 775.084.
135 b. Was 28 grams or more, but less than 50 grams, such
136 person must be sentenced or resentenced to a mandatory minimum
137 term of imprisonment of 3 years and ordered to pay a fine of
138 $50,000.
139 c. Was 50 grams or more, but less than 100 grams, such
140 person must be sentenced or resentenced to a mandatory minimum
141 term of imprisonment of 7 years and ordered to pay a fine of
142 $100,000.
143 d. Was 100 grams or more, but less than 300 grams, such
144 person must be sentenced or resentenced to a mandatory minimum
145 term of imprisonment of 15 years and ordered to pay a fine of
146 $500,000.
147 e. Was 300 grams or more, but less than 30 kilograms, such
148 person must be sentenced or resentenced to a mandatory minimum
149 term of imprisonment of 25 years and ordered to pay a fine of
150 $500,000.
151 (2)(a) It is the intent of the Legislature to retroactively
152 apply the changes to gram-weight thresholds and ranges and to
153 penalties for trafficking in oxycodone which are applicable to
154 offenders who committed this offense on or after July 1, 2014,
155 the effective date of amendments to s. 893.135 by chapter 2014
156 176, Laws of Florida. These changes must be retroactively
157 applied as provided in this subsection to a violation of s.
158 893.135(1)(c) involving trafficking in oxycodone, as described
159 in s. 893.03(2)(a)1.q., any salt thereof, or any mixture
160 containing any such substance if the violation was committed
161 before July 1, 2014, and the violation was punishable as a
162 felony of the first degree at the time the violation was
163 committed.
164 (b) A person who committed a trafficking violation
165 described in paragraph (a) before July 1, 2014, but who was not
166 sentenced for such violation before October 1, 2020, must be
167 sentenced as provided in paragraph (d).
168 (c) A person who committed a trafficking violation
169 described in paragraph (a) before July 1, 2014, and who is
170 serving a mandatory minimum term of imprisonment for such
171 violation on or after October 1, 2020, must be resentenced as
172 provided in paragraph (d) and in accordance with subsection (3).
173 (d)1. The violation described in paragraph (a) for which
174 the person is to be sentenced or resentenced pursuant to this
175 subsection is a felony of the first degree, punishable as
176 provided in s. 775.082, s. 775.083, or s. 775.084.
177 2. If the quantity of oxycodone, as described in s.
178 893.03(2)(a)1.q., any salt thereof, or any mixture containing
179 any such substance involved in the violation of s. 893.135:
180 a. Was 4 grams or more, but less than 7 grams, such person
181 must be sentenced or resentenced as provided in s. 775.082, s.
182 775.083, or s. 775.084.
183 b. Was 7 grams or more, but less than 14 grams, such person
184 must be sentenced or resentenced to a mandatory minimum term of
185 imprisonment of 3 years and ordered to pay a fine of $50,000.
186 c. Was 14 grams or more, but less than 25 grams, such
187 person must be sentenced or resentenced to a mandatory minimum
188 term of imprisonment of 7 years and ordered to pay a fine of
189 $100,000.
190 d. Was 25 grams or more, but less than 100 grams, such
191 person must be sentenced or resentenced to a mandatory minimum
192 term of imprisonment of 15 years and ordered to pay a fine of
193 $500,000.
194 e. Was 100 grams or more, but less than 30 kilograms, such
195 person must be sentenced or resentenced to a mandatory minimum
196 term of imprisonment of 25 years and ordered to pay a fine of
197 $500,000.
198 (3) Resentencing under this section must occur in the
199 following manner:
200 (a) The Department of Corrections shall notify the person
201 described in paragraph (1)(c) or paragraph (2)(c) of his or her
202 eligibility to request a sentence review hearing.
203 (b) The person seeking sentence review under this section
204 may submit an application to the court of original jurisdiction
205 requesting that a sentence review hearing be held. The
206 sentencing court shall retain original jurisdiction for the
207 duration of the sentence for this purpose.
208 (c) A person who is eligible for a sentence review hearing
209 under this section is entitled to be represented by counsel, and
210 the court shall appoint a public defender to represent the
211 person if he or she cannot afford an attorney.
212 (d) Upon receiving an application from the eligible person,
213 the court of original sentencing jurisdiction shall hold a
214 sentence review hearing to determine if the eligible person
215 meets the criteria for resentencing under this section. If the
216 court determines at the sentence review hearing that the
217 eligible person meets the criteria in this section for
218 resentencing, the court must resentence the person as provided
219 in this section; however, the new sentence may not exceed the
220 person’s original sentence with credit for time served. If the
221 court determines that such person does not meet the criteria for
222 resentencing under this section, the court must provide written
223 reasons why such person does not meet such criteria.
224 Section 3. This act shall take effect October 1, 2020.