Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1504
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
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The Committee on Criminal Justice (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 65 - 105
4 and insert:
5 or supervision pursuant to former s. 322.34, and who is serving
6 such penalty on or after October 1, 2020, must be resentenced in
7 accordance with paragraph (c). The person must be resentenced to
8 a sentence as provided in s. 775.082, s. 775.083, or s. 775.084.
9 (c) Resentencing under this section must occur in the
10 following manner:
11 1. A person described in paragraph (b) who is eligible to
12 request a sentence review hearing pursuant to this section shall
13 be notified of such eligibility by the facility in which the
14 person is imprisoned or the entity who is supervising the
15 person.
16 2. A person seeking sentence review hearing under this
17 section must submit an application to the court of original
18 jurisdiction requesting such hearing to be conducted. Such
19 request by the person serves to initiate the procedures provided
20 for in this section. The sentencing court shall retain original
21 jurisdiction for the duration of the sentence for this purpose.
22 3. A person who is eligible for a sentence review hearing
23 under this section is entitled to be represented by counsel, and
24 the court shall appoint a public defender to represent the
25 person if he or she cannot afford an attorney.
26 4. Upon receiving an application from the eligible person,
27 the court of original jurisdiction shall hold a sentence review
28 hearing to determine if the eligible person meets the criteria
29 for resentencing under this section. If the court determines at
30 the sentence review hearing that the eligible person meets the
31 criteria in this section for resentencing, the court must
32 resentence the person as provided in this section; however, the
33 new sentence may not exceed the person’s original sentence with
34 credit for time served. If the court determines that such person
35 does not meet the criteria for resentencing under this section,
36 the court must provide written reasons why such person does not
37 meet such criteria.
38 (4) Notwithstanding any other law, a person who has been
39 convicted of a felony under former s. 322.34 and whose offense
40 would not be classified as a felony under the new s. 322.34,
41 must have all outstanding fines, fees, and costs related to such
42 felony conviction waived. In addition, such person must be
43 treated as if he or she had been convicted of a misdemeanor
44 violation of s. 322.34 for purposes of any right, privilege,
45 benefit, remedy, or collateral consequence that the person might
46 be entitled to but for such felony conviction. This provision
47 does not serve to remove the designation of the person as a
48 convicted felon. However, the consequences of such felony
49 conviction that are solely statutory in nature and are imposed
50 as a result of such conviction shall no longer apply.
51 Section 2. Effective upon the same date that SB 1506 or
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 lines 11 - 15
56 and insert:
57 imprisonment or supervision; specifying the procedures
58 for such resentencing; requiring certain persons
59 convicted of driving while license suspended, revoked,
60 canceled, or disqualified to have such conviction
61 treated as a misdemeanor for specified purposes;
62 requiring outstanding fines,