Florida Senate - 2020 SB 1308
By Senator Brandes
24-00771D-20 20201308__
1 A bill to be entitled
2 An act relating to criminal justice; providing a short
3 title; amending s. 775.082, F.S.; authorizing the
4 resentencing and release of certain persons who are
5 eligible for sentence review under specified
6 provisions; reenacting and amending s. 921.1402, F.S.;
7 revising the circumstances under which a juvenile
8 offender is not entitled to a review of his or her
9 sentence after a specified timeframe; creating s.
10 921.14021, F.S.; providing for retroactive application
11 of a specified provision relating to review of
12 sentence for juvenile offenders convicted of murder;
13 providing for immediate review of certain sentences;
14 creating s. 921.1403, F.S.; defining the term “young
15 adult offender”; precluding eligibility for a sentence
16 review for young adult offenders who previously
17 committed, or conspired to commit, specified offenses;
18 providing timeframes within which young adult
19 offenders who commit specified crimes are entitled to
20 a review of their sentences; providing applicability;
21 requiring the Department of Corrections to notify
22 young adult offenders in writing of their eligibility
23 for sentence review within certain timeframes;
24 requiring a young adult offender seeking a sentence
25 review or a subsequent sentence review to submit an
26 application to the original sentencing court and
27 request a hearing; providing for legal representation
28 of eligible young adult offenders; providing for one
29 subsequent review hearing for the young adult offender
30 after a certain timeframe if he or she is not
31 resentenced at the initial sentence review hearing;
32 requiring the original sentencing court to hold a
33 sentence review hearing upon receiving an application
34 from an eligible young adult offender; requiring the
35 court to consider certain factors in determining
36 whether to modify the young adult offender’s sentence;
37 authorizing a court to modify the sentence of certain
38 young adult offenders if the court makes certain
39 determinations; requiring the court to issue a written
40 order stating certain information in specified
41 circumstances; providing for retroactive application;
42 amending s. 944.705, F.S.; requiring the department to
43 provide inmates with certain information upon their
44 release; creating s. 951.30, F.S.; requiring that
45 administrators of county detention facilities provide
46 inmates with certain information upon their release;
47 amending s. 1009.21, F.S.; providing that a specified
48 period of time spent in a county detention facility or
49 state correctional facility counts toward the 12-month
50 residency requirement for tuition purposes; requiring
51 the Office of Program Policy and Governmental
52 Accountability (OPPAGA) to conduct a study to evaluate
53 the various opportunities available to persons
54 returning to the community from imprisonment;
55 providing study requirements; requiring OPPAGA to
56 submit a report to the Governor and the Legislature by
57 a specified date; providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. This act may be cited as “The Second Look Act.”
62 Section 2. Paragraph (b) of subsection (9) of section
63 775.082, Florida Statutes, is amended to read:
64 775.082 Penalties; applicability of sentencing structures;
65 mandatory minimum sentences for certain reoffenders previously
66 released from prison.—
67 (9)
68 (b)1. Except as provided in subparagraph 2., a person
69 sentenced under paragraph (a) shall be released only by
70 expiration of sentence and shall not be eligible for parole,
71 control release, or any form of early release. Any person
72 sentenced under paragraph (a) must serve 100 percent of the
73 court-imposed sentence.
74 2. A juvenile or young adult offender who is eligible for
75 review of his or her sentence under s. 921.1401 or s. 921.1402
76 may be resentenced and released from imprisonment if a court
77 deems the resentencing appropriate in accordance with the review
78 requirements under such sections.
79 Section 3. Paragraph (a) of subsection (2) of section
80 921.1402, Florida Statutes, is amended, and subsection (4) of
81 that section is reenacted, to read:
82 921.1402 Review of sentences for persons convicted of
83 specified offenses committed while under the age of 18 years.—
84 (2)(a) A juvenile offender sentenced under s.
85 775.082(1)(b)1. is entitled to a review of his or her sentence
86 after 25 years. However, a juvenile offender is not entitled to
87 review if he or she has previously been convicted of committing
88 one of the following offenses, or of conspiracy to commit one of
89 the following offenses, murder and if the murder offense for
90 which the person was previously convicted was part of a separate
91 criminal transaction or episode than that which resulted in the
92 sentence under s. 775.082(1)(b)1.:
93 1. Murder;
94 2. Manslaughter;
95 3. Sexual battery;
96 4. Armed burglary;
97 5. Armed robbery;
98 6. Armed carjacking;
99 7. Home-invasion robbery;
100 8. Human trafficking for commercial sexual activity with a
101 child under 18 years of age;
102 9. False imprisonment under s. 787.02(3)(a); or
103 10. Kidnapping.
104 (4) A juvenile offender seeking sentence review pursuant to
105 subsection (2) must submit an application to the court of
106 original jurisdiction requesting that a sentence review hearing
107 be held. The juvenile offender must submit a new application to
108 the court of original jurisdiction to request subsequent
109 sentence review hearings pursuant to paragraph (2)(d). The
110 sentencing court shall retain original jurisdiction for the
111 duration of the sentence for this purpose.
112 Section 4. Section 921.14021, Florida Statutes, is created
113 to read:
114 921.14021 Retroactive application relating to s. 921.1402;
115 review of sentence.—A juvenile offender, as defined in s.
116 921.1402, who was convicted and sentenced under s.
117 921.1402(2)(a), excluding s. 921.1402(2)(a)1., as it existed on
118 or before June 30, 2020, is entitled to a review of his or her
119 sentence after 25 years or, if on July 1, 2020, 25 years have
120 already passed since the sentencing, immediately.
121 Section 5. Section 921.1403, Florida Statutes, is created
122 to read:
123 921.1403 Review of sentences for persons convicted of
124 specified offenses committed while under 25 years of age.—
125 (1) As used in this section, the term “young adult
126 offender” means a person who committed an offense before he or
127 she reached 25 years of age and for which he or she is sentenced
128 to a term of years in the custody of the Department of
129 Corrections, regardless of the date of sentencing.
130 (2) A young adult offender is not entitled to a sentence
131 review under this section if he or she has previously been
132 convicted of committing, or of conspiring to commit, any of the
133 following offenses and if the offense was part of a separate
134 criminal transaction or episode that resulted in the sentence
135 under s. 775.082(3)(a)1., 2., 3., 4., or 6., or (b)1.:
136 (a) Section 782.04(1)(a)1.;
137 (b) Section 782.04(1)(a)3.; or
138 (c) Section 782.04(2).
139 (3)(a)1. A young adult offender who is convicted of an
140 offense that is a life felony, that is punishable by a term of
141 years not exceeding life imprisonment, or that was reclassified
142 as a life felony, which was committed after the person attained
143 18 years of age and who is sentenced to a term of more than 20
144 years under s. 775.082(3)(a)1., 2., 3., 4., or 6., is entitled
145 to a review of his or her sentence after 20 years.
146 2. This paragraph does not apply to a person who is
147 eligible for sentencing under s. 775.082(3)(a)5.
148 (b) A young adult offender who is convicted of an offense
149 that is a felony of the first degree or that was reclassified as
150 a felony of the first degree and who is sentenced to a term of
151 more than 15 years under s. 775.082(3)(b)1. is entitled to a
152 review of his or her sentence after 15 years.
153 (4) The Department of Corrections must notify a young adult
154 offender in writing of his or her eligibility to request a
155 sentence review hearing 18 months before the young adult
156 offender is entitled to a sentence review hearing or notify him
157 or her immediately in writing if the offender is eligible as of
158 July 1, 2020.
159 (5) A young adult offender seeking a sentence review under
160 this section must submit an application to the original
161 sentencing court requesting that the court hold a sentence
162 review hearing. The young adult offender seeking a subsequent
163 sentence review hearing must submit a new application to the
164 original sentencing court to request a subsequent sentence
165 review hearing pursuant to subsection (7). The original
166 sentencing court retains jurisdiction for the duration of the
167 sentence for this purpose.
168 (6) A young adult offender who is eligible for a sentence
169 review hearing under this section is entitled to be represented
170 by an attorney, and the court must appoint a public defender to
171 represent the young adult offender if he or she cannot afford an
172 attorney.
173 (7)(a) If the young adult offender seeking sentence review
174 under paragraph (3)(a) is not resentenced at the initial
175 sentence review hearing, he or she is eligible for one
176 subsequent review hearing 5 years after the initial review
177 hearing.
178 (b) If the young adult offender seeking sentence review
179 under paragraph (3)(b) is not resentenced at the initial
180 sentence review hearing, he or she is eligible for one
181 subsequent review hearing 5 years after the initial review
182 hearing.
183 (8) Upon receiving an application from an eligible young
184 adult offender, the original sentencing court must hold a
185 sentence review hearing to determine whether to modify the young
186 adult offender’s sentence. When determining if it is appropriate
187 to modify the young adult offender’s sentence, the court must
188 consider any factor it deems appropriate, including, but not
189 limited to, any of the following:
190 (a) Whether the young adult offender demonstrates maturity
191 and rehabilitation.
192 (b) Whether the young adult offender remains at the same
193 level of risk to society as he or she did at the time of the
194 initial sentencing.
195 (c) The opinion of the victim or the victim’s next of kin.
196 The absence of the victim or the victim’s next of kin from the
197 sentence review hearing may not be a factor in the determination
198 of the court under this section. The court must allow the victim
199 or victim’s next of kin to be heard in person, in writing, or by
200 electronic means. If the victim or the victim’s next of kin
201 chooses not to participate in the hearing, the court may
202 consider previous statements made by the victim or the victim’s
203 next of kin during the trial, initial sentencing phase, or
204 previous sentencing review hearings.
205 (d) Whether the young adult offender was a relatively minor
206 participant in the criminal offense or whether he or she acted
207 under extreme duress or under the domination of another person.
208 (e) Whether the young adult offender has shown sincere and
209 sustained remorse for the criminal offense.
210 (f) Whether the young adult offender’s age, maturity, or
211 psychological development at the time of the offense affected
212 his or her behavior.
213 (g) Whether the young adult offender has successfully
214 obtained a high school equivalency diploma or completed another
215 educational, technical, work, vocational, or self-rehabilitation
216 program, if such a program is available.
217 (h) Whether the young adult offender was a victim of
218 sexual, physical, or emotional abuse before he or she committed
219 the offense.
220 (i) The results of any mental health assessment, risk
221 assessment, or evaluation of the young adult offender as to
222 rehabilitation.
223 (9)(a) If the court determines at a sentence review hearing
224 that the young adult offender who is seeking sentence review
225 under paragraph (3)(a) has been rehabilitated and is reasonably
226 believed to be fit to reenter society, the court may modify the
227 sentence and impose a term of probation of at least 5 years.
228 (b) If the court determines at a sentence review hearing
229 that the young adult offender who is seeking sentence review
230 under paragraph (3)(b) has been rehabilitated and is reasonably
231 believed to be fit to reenter society, the court may modify the
232 sentence and impose a term of probation of at least 3 years.
233 (c) If the court determines that the young adult offender
234 seeking sentence review under paragraph (3)(a) or (3)(b) has not
235 demonstrated rehabilitation or is not fit to reenter society,
236 the court must issue a written order stating the reasons why the
237 sentence is not being modified.
238 (10) This section applies retroactively to a young adult
239 offender eligible under this section.
240 Section 6. Paragraph (a) of subsection (7) of section
241 944.705, Florida Statutes, is amended to read:
242 944.705 Release orientation program.—
243 (7)(a) The department shall notify every inmate in the
244 inmate’s release documents:
245 1. Of all outstanding terms of the inmate’s sentence at the
246 time of release to assist the inmate in determining his or her
247 status with regard to the completion of all terms of sentence,
248 as that term is defined in s. 98.0751. This subparagraph does
249 not apply to inmates who are being released from the custody of
250 the department to any type of supervision monitored by the
251 department;
252 2. Of the dates of admission to and release from the
253 custody of the department, including the total length of the
254 term of imprisonment for which he or she is being released; and
255 3.2. In not less than 18-point type, that the inmate may be
256 sentenced pursuant to s. 775.082(9) if the inmate commits any
257 felony offense described in s. 775.082(9) within 3 years after
258 the inmate’s release. This notice must be prefaced by the word
259 “WARNING” in boldfaced type.
260 Section 7. Section 951.30, Florida Statutes, is created to
261 read:
262 951.30 Release documents requirements.—The administrator of
263 a county detention facility must provide to each inmate upon
264 release from the custody of the facility the dates of his or her
265 admission to and release from the custody of the facility,
266 including the total length of the term of imprisonment from
267 which he or she is being released.
268 Section 8. Paragraph (a) of subsection (2) and paragraphs
269 (b) and (c) of subsection (3) of section 1009.21, Florida
270 Statutes, are amended to read:
271 1009.21 Determination of resident status for tuition
272 purposes.—Students shall be classified as residents or
273 nonresidents for the purpose of assessing tuition in
274 postsecondary educational programs offered by charter technical
275 career centers or career centers operated by school districts,
276 in Florida College System institutions, and in state
277 universities.
278 (2)(a) To qualify as a resident for tuition purposes:
279 1. A person or, if that person is a dependent child, his or
280 her parent or parents must have established legal residence in
281 this state and must have maintained legal residence in this
282 state for at least 12 consecutive months immediately before
283 prior to his or her initial enrollment in an institution of
284 higher education. The 12 consecutive months immediately before
285 enrollment may include time spent incarcerated in a county
286 detention facility or state correctional facility.
287 2. Every applicant for admission to an institution of
288 higher education shall be required to make a statement as to his
289 or her length of residence in the state and, further, shall
290 establish that his or her presence or, if the applicant is a
291 dependent child, the presence of his or her parent or parents in
292 the state currently is, and during the requisite 12-month
293 qualifying period was, for the purpose of maintaining a bona
294 fide domicile, rather than for the purpose of maintaining a mere
295 temporary residence or abode incident to enrollment in an
296 institution of higher education.
297 (3)
298 (b) Except as otherwise provided in this section, evidence
299 of legal residence and its duration shall include clear and
300 convincing documentation that residency in this state was for a
301 minimum of 12 consecutive months prior to a student’s initial
302 enrollment in an institution of higher education. Time spent
303 incarcerated in a county detention facility or state
304 correctional facility must be credited toward the residency
305 requirement, with any combination of documented time living in
306 Florida before and after incarceration.
307 (c) Each institution of higher education shall
308 affirmatively determine that an applicant who has been granted
309 admission to that institution as a Florida resident meets the
310 residency requirements of this section at the time of initial
311 enrollment. The residency determination must be documented by
312 the submission of written or electronic verification that
313 includes two or more of the documents identified in this
314 paragraph. No single piece of evidence shall be conclusive.
315 1. The documents must include at least one of the
316 following:
317 a. A Florida voter’s registration card.
318 b. A Florida driver license.
319 c. A State of Florida identification card.
320 d. A Florida vehicle registration.
321 e. Proof of a permanent home in Florida which is occupied
322 as a primary residence by the individual or by the individual’s
323 parent if the individual is a dependent child.
324 f. Proof of a homestead exemption in Florida.
325 g. Transcripts from a Florida high school for multiple
326 years if the Florida high school diploma or high school
327 equivalency diploma was earned within the last 12 months.
328 h. Proof of permanent full-time employment in Florida for
329 at least 30 hours per week for a 12-month period.
330 2. The documents may include one or more of the following:
331 a. A declaration of domicile in Florida.
332 b. A Florida professional or occupational license.
333 c. Florida incorporation.
334 d. A document evidencing family ties in Florida.
335 e. Proof of membership in a Florida-based charitable or
336 professional organization.
337 f. Any other documentation that supports the student’s
338 request for resident status, including, but not limited to,
339 utility bills and proof of 12 consecutive months of payments; a
340 lease agreement and proof of 12 consecutive months of payments;
341 or an official local, state, federal, or court document
342 evidencing legal ties to Florida.
343 Section 9. The Office of Program Policy and Governmental
344 Accountability (OPPAGA) must conduct a study to evaluate the
345 various opportunities available to persons returning to the
346 community from imprisonment. The study’s scope must include, but
347 need not be limited to, any barriers to such opportunities; the
348 collateral consequences that are present, if applicable, for
349 persons who are released from incarceration into the community;
350 and methods for reducing the collateral consequences identified.
351 OPPAGA must submit a report to the Governor, the President of
352 the Senate, the Minority Leader of the Senate, the Speaker of
353 the House of Representatives, and the Minority Leader of the
354 House of Representatives by November 1, 2020.
355 Section 10. This act shall take effect July 1, 2020.