Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 328 Ì968060ÂÎ968060 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/30/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Rouson) recommended the following: 1 Senate Amendment 2 3 Delete lines 57 - 151 4 and insert: 5 October 1, 2021, to a mandatory minimum term of imprisonment 6 pursuant to former s. 775.087, and who is serving such mandatory 7 minimum term of imprisonment on or after October 1, 2021, must 8 be resentenced in accordance with paragraph (c) to a sentence 9 without such mandatory minimum term of imprisonment. The new 10 sentence must be as provided in s. 775.082, s. 775.083, or s. 11 775.084. 12 (c) Resentencing under this section must occur in the 13 following manner: 14 1. The Department of Corrections shall notify the person 15 described in paragraph (b) of his or her eligibility to request 16 a sentence review hearing. 17 2. The person seeking sentence review under this section 18 may submit an application to the court of original jurisdiction 19 requesting that a sentence review hearing be held. The 20 sentencing court retains original jurisdiction for the duration 21 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 sentencing jurisdiction shall hold a 28 sentence review hearing to determine if the eligible person 29 meets the criteria for resentencing under this section. If the 30 court determines at the sentence review hearing that the 31 eligible person meets the criteria in this section for 32 resentencing, the court must resentence the person as provided 33 in this section; however, the new sentence may not exceed the 34 person’s original sentence with credit for time served. If the 35 court determines that such person does not meet the criteria for 36 resentencing under this section, the court must provide written 37 reasons why such person does not meet such criteria. 38 (d) A person sentenced or resentenced pursuant to this 39 section is eligible to receive any gain-time pursuant to s. 40 944.275 which he or she was previously ineligible to receive 41 because of the imposition of the mandatory minimum term of 42 imprisonment pursuant to former s. 775.087. 43 Section 2. Section 893.13501, Florida Statutes, is created 44 to read: 45 893.13501 Retroactive application relating to s. 893.135; 46 legislative intent; sentencing or resentencing for trafficking 47 in hydrocodone, codeine, or oxycodone; penalties; resentencing 48 procedures.— 49 (1) It is the intent of the Legislature to retroactively 50 apply changes to gram-weight thresholds and ranges and to 51 penalties for trafficking in hydrocodone or codeine which are 52 applicable to offenders who committed these offenses on or after 53 October 1, 2019, the effective date of amendments to s. 893.135 54 by chapter 2019-167, Laws of Florida. 55 (a) If a violation of s. 893.135(1)(c) involving 56 trafficking in hydrocodone, as described in s. 893.03(2)(a)1.k.; 57 trafficking in codeine, as described in s. 893.03(2)(a)1.g.; or 58 trafficking in any salt of hydrocodone or of codeine, or any 59 mixture containing any such substance, as described in s. 60 893.03(2)(a)2., was committed before October 1, 2019, and was 61 punishable as a felony of the first degree at the time the 62 violation was committed, the changes must be retroactively 63 applied as provided in this subsection. 64 (b) A person who committed a trafficking violation 65 described in paragraph (a) before October 1, 2019, but who was 66 not sentenced for such violation before October 1, 2021, must be 67 sentenced as provided in paragraph (d). 68 (c) A person who committed a trafficking violation 69 described in paragraph (a) before October 1, 2019, and who is 70 serving a mandatory minimum term of imprisonment for such 71 violation on or after October 1, 2021, must be resentenced as 72 provided in paragraph (d) and in accordance with subsection (3). 73 (d)1. A violation described in paragraph (a) for which the 74 person is to be sentenced or resentenced pursuant to this 75 subsection is a felony of the first degree, punishable as 76 provided in s. 775.082, s. 775.083, or s. 775.084. 77 2. If the quantity of hydrocodone, as described in s. 78 893.03(2)(a)1.k., codeine, as described in s. 893.03(2)(a)1.g., 79 any salt thereof, or any mixture containing any such substance 80 involved in the violation of s. 893.135: 81 a. Was 4 grams or more, but less than 28 grams, such person 82 must be sentenced or resentenced as provided in s. 775.082, s. 83 775.083, or s. 775.084. 84 b. Was 28 grams or more, but less than 50 grams, such 85 person must be sentenced or resentenced to a mandatory minimum 86 term of imprisonment of 3 years and ordered to pay a fine of 87 $50,000. 88 c. Was 50 grams or more, but less than 100 grams, such 89 person must be sentenced or resentenced to a mandatory minimum 90 term of imprisonment of 7 years and ordered to pay a fine of 91 $100,000. 92 d. Was 100 grams or more, but less than 300 grams, such 93 person must be sentenced or resentenced to a mandatory minimum 94 term of imprisonment of 15 years and ordered to pay a fine of 95 $500,000. 96 e. Was 300 grams or more, but less than 30 kilograms, such 97 person must be sentenced or resentenced to a mandatory minimum 98 term of imprisonment of 25 years and ordered to pay a fine of 99 $500,000 if the trafficking involves hydrocodone, any salt 100 thereof, or any mixture containing hydrocodone, or $750,000, if 101 the trafficking involves codeine, or any salt thereof, or any 102 mixture containing codeine. 103