Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1324
       
       
       
       
       
       
                                Ì386322ÇÎ386322                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/13/2024           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Rouson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 169 and 170
    4  insert:
    5         Section 4. Section 775.093, Florida Statutes, is created to
    6  read:
    7         775.093Retroactive application of specified changes in
    8  criminal offenses; legislative intent; resentencing procedures.—
    9         (1)(a) It is the intent of the Legislature to retroactively
   10  apply chapter 2019-167, Laws of Florida, only as provided in
   11  this subsection, to persons who committed a third or subsequent
   12  violation of driving while their driver license or driving
   13  privilege had been canceled, suspended, or revoked before
   14  October 1, 2019, the effective date of the changes to s. 322.34
   15  in chapter 2019-167, Laws of Florida, which amended s. 322.34(2)
   16  to modify the punishment for persons who commit certain third or
   17  subsequent violations of driving while their driver license or
   18  driving privilege had been canceled, suspended, or revoked.
   19         (b)A person who committed a violation of s. 322.34(2)
   20  before October 1, 2019 when chapter 2019-167, Laws of Florida
   21  amended 322.34:
   22         1.Who was sentenced before July 1, 2024, must be
   23  resentenced in accordance with subsection (2). The new sentence
   24  must be as provided in s. 322.34(2).
   25         2.Who was not sentenced before July 1, 2024, must be
   26  sentenced in accordance with s. 322.34(2).
   27         (2) Resentencing under this section must occur in the
   28  following manner:
   29         (a) The Department of Corrections shall notify a person
   30  described in this section of his or her eligibility to request a
   31  sentence review hearing.
   32         (b) A person seeking sentence review under this section may
   33  submit an application to the court of original jurisdiction
   34  requesting that a sentence review hearing be held. The
   35  sentencing court retains original jurisdiction for the duration
   36  of the sentence for this purpose.
   37         (c) A person eligible for a sentence review hearing under
   38  this section is entitled to be represented by counsel, and the
   39  court must appoint a public defender to represent the person if
   40  he or she cannot afford an attorney.
   41         (d) Upon receiving an application from an eligible person,
   42  the court of original sentencing jurisdiction shall hold a
   43  sentence review hearing. If the court determines at the sentence
   44  review hearing that the eligible person meets the criteria in
   45  this section for resentencing, the court must resentence the
   46  person as provided in this section; however, the new sentence
   47  may not exceed the person’s original sentence with credit for
   48  time served. If the court determines that such person does not
   49  meet the criteria for resentencing under this section, the court
   50  must provide written reasons why the person does not meet such
   51  criteria.
   52  
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete line 10
   56  and insert:
   57         cross-references; creating s. 775.093, F.S.; providing
   58         legislative intent; providing for the retroactive
   59         applicability of s. 322.34, F.S.; requiring certain
   60         resentencing or sentencing of persons who committed
   61         certain third or subsequent violations relating to
   62         driving while their driver license or driving
   63         privilege had been canceled, suspended, or revoked;
   64         authorizing a person to apply to a specified court for
   65         a sentence review hearing; providing that the person
   66         is entitled to be represented by counsel; specifying
   67         requirements for the court in holding the hearing and
   68         resentencing the person; providing an effective date.