Florida Senate - 2021 SB 210
By Senator Brandes
24-00354-21 2021210__
1 A bill to be entitled
2 An act relating to sentencing; amending s. 775.082,
3 F.S.; revising the required sentencing structure for
4 prison releasee reoffenders upon proof from a state
5 attorney which establishes that a defendant is a
6 prison releasee reoffender; deleting a provision that
7 prohibits a prison releasee reoffender from
8 eligibility for any form of early release and that
9 requires a prison releasee reoffender to serve 100
10 percent of the court-imposed sentence; providing
11 legislative intent; defining a term for the purpose of
12 establishing applicability of a specified provision;
13 applying the revised sentencing structure to certain
14 persons under certain circumstances; providing
15 resentencing requirements; deleting a provision
16 relating to legislative intent; deleting a provision
17 that requires a state attorney to explain a sentencing
18 deviation in writing under certain circumstances;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (9) of section 775.082, Florida
24 Statutes, is amended to read:
25 775.082 Penalties; applicability of sentencing structures;
26 mandatory minimum sentences for certain reoffenders previously
27 released from prison.—
28 (9)(a)1. “Prison releasee reoffender” means any defendant
29 who commits, or attempts to commit:
30 a. Treason;
31 b. Murder;
32 c. Manslaughter;
33 d. Sexual battery;
34 e. Carjacking;
35 f. Home-invasion robbery;
36 g. Robbery;
37 h. Arson;
38 i. Kidnapping;
39 j. Aggravated assault with a deadly weapon;
40 k. Aggravated battery;
41 l. Aggravated stalking;
42 m. Aircraft piracy;
43 n. Unlawful throwing, placing, or discharging of a
44 destructive device or bomb;
45 o. Any felony that involves the use or threat of physical
46 force or violence against an individual;
47 p. Armed burglary;
48 q. Burglary of a dwelling or burglary of an occupied
49 structure; or
50 r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
51 s. 827.071, or s. 847.0135(5);
52
53 within 3 years after being released from a state correctional
54 facility operated by the Department of Corrections or a private
55 vendor, a county detention facility following incarceration for
56 an offense for which the sentence pronounced was a prison
57 sentence, or a correctional institution of another state, the
58 District of Columbia, the United States, any possession or
59 territory of the United States, or any foreign jurisdiction,
60 following incarceration for an offense for which the sentence is
61 punishable by more than 1 year in this state.
62 2. “Prison releasee reoffender” also means any defendant
63 who commits or attempts to commit any offense listed in sub
64 subparagraphs (a)1.a.-r. while the defendant was serving a
65 prison sentence or on escape status from a state correctional
66 facility operated by the Department of Corrections or a private
67 vendor or while the defendant was on escape status from a
68 correctional institution of another state, the District of
69 Columbia, the United States, any possession or territory of the
70 United States, or any foreign jurisdiction, following
71 incarceration for an offense for which the sentence is
72 punishable by more than 1 year in this state.
73 3. If the state attorney determines that a defendant is a
74 prison releasee reoffender as defined in subparagraph 1., the
75 state attorney may seek to have the court sentence the defendant
76 as a prison releasee reoffender. Upon proof from the state
77 attorney which that establishes by a preponderance of the
78 evidence that a defendant is a prison releasee reoffender as
79 defined in this section, such defendant is not eligible for
80 sentencing under the sentencing guidelines and must be sentenced
81 as follows:
82 a. For a felony punishable by life, to by a term of
83 imprisonment of 25 years imprisonment for life;
84 b. For a felony of the first degree, to by a term of
85 imprisonment of 20 30 years;
86 c. For a felony of the second degree, to by a term of
87 imprisonment of 10 15 years; and
88 d. For a felony of the third degree, to by a term of
89 imprisonment of 3 5 years.
90 (b) A person sentenced under paragraph (a) shall be
91 released only by expiration of sentence and shall not be
92 eligible for parole, control release, or any form of early
93 release. Any person sentenced under paragraph (a) must serve 100
94 percent of the court-imposed sentence.
95 (b)(c) Nothing in This subsection does not shall prevent a
96 court from imposing a greater sentence of incarceration as
97 authorized by law, pursuant to s. 775.084 or any other provision
98 of law.
99 (c)(d)1. It is the intent of the Legislature to
100 retroactively apply the amendments to this subsection which are
101 effective on July 1, 2021.
102 2. As used in this paragraph, the term “former s.
103 775.082(9)” means s. 775.082(9) as it existed before the
104 amendment of this subsection, which took effect on July 1, 2021.
105 3. A person who qualified as a prison releasee reoffender
106 before July 1, 2021, and who was not sentenced as a prison
107 releasee reoffender before July 1, 2021, may not be sentenced as
108 such under former s. 775.082(9). Such person, if sentenced as a
109 prison releasee reoffender, must be sentenced as provided in
110 paragraph (a).
111 4. A person who qualified as a prison releasee reoffender
112 before July 1, 2021, who was sentenced as such before July 1,
113 2021, to a mandatory minimum term of imprisonment pursuant to
114 former s. 775.082(9), and who is serving such mandatory minimum
115 term of imprisonment on or after July 1, 2021, must be
116 resentenced in accordance with subparagraph 5. to a sentence as
117 provided in paragraph (a) and sub-subparagraph 5.d.
118 5. Resentencing must occur in the following manner:
119 a. The Department of Corrections shall notify a person
120 described in subparagraph 4. of his or her eligibility to
121 request a sentence review hearing.
122 b. The person seeking sentence review may submit an
123 application to the court of original jurisdiction requesting
124 that a sentence review hearing be held. The sentencing court
125 retains original jurisdiction for the duration of the sentence
126 for this purpose.
127 c. A person who is eligible for a sentence review hearing
128 under this paragraph is entitled to representation by legal
129 counsel. If the person is indigent and unable to employ counsel,
130 the court must appoint counsel under s. 27.52. Determination of
131 indigence and costs of representation is as provided in ss.
132 27.52 and 938.29.
133 d. Upon receiving an application from an eligible person,
134 the court of original jurisdiction shall hold a sentence review
135 hearing to determine if the eligible person meets the criteria
136 for resentencing under subparagraph 4. If the court determines
137 at the sentence review hearing that the eligible person meets
138 such criteria, the court must resentence the person as provided
139 in paragraph (a); however, the new sentence may not exceed the
140 person’s original sentence with credit for time served. If the
141 court determines that such person does not meet the criteria for
142 resentencing under subparagraph 4., the court must provide
143 written reasons why such person does not meet such criteria.
144 6. A person resentenced pursuant to this subsection is
145 eligible to receive any gain-time pursuant to s. 944.275 which
146 he or she was previously ineligible to receive under former s.
147 775.082(9) It is the intent of the Legislature that offenders
148 previously released from prison or a county detention facility
149 following incarceration for an offense for which the sentence
150 pronounced was a prison sentence who meet the criteria in
151 paragraph (a) be punished to the fullest extent of the law and
152 as provided in this subsection, unless the state attorney
153 determines that extenuating circumstances exist which preclude
154 the just prosecution of the offender, including whether the
155 victim recommends that the offender not be sentenced as provided
156 in this subsection.
157 2. For every case in which the offender meets the criteria
158 in paragraph (a) and does not receive the mandatory minimum
159 prison sentence, the state attorney must explain the sentencing
160 deviation in writing and place such explanation in the case file
161 maintained by the state attorney.
162 Section 2. This act shall take effect July 1, 2021.