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.