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.