Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1324 Ì386322ÇÎ386322 LEGISLATIVE ACTION Senate . House Comm: WD . 02/13/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Appropriations Committee on Criminal and Civil Justice (Rouson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 169 and 170 4 insert: 5 Section 4. Section 775.093, Florida Statutes, is created to 6 read: 7 775.093 Retroactive application of specified changes in 8 criminal offenses; legislative intent; resentencing procedures.— 9 (1)(a) It is the intent of the Legislature to retroactively 10 apply chapter 2019-167, Laws of Florida, only as provided in 11 this subsection, to persons who committed a third or subsequent 12 violation of driving while their driver license or driving 13 privilege had been canceled, suspended, or revoked before 14 October 1, 2019, the effective date of the changes to s. 322.34 15 in chapter 2019-167, Laws of Florida, which amended s. 322.34(2) 16 to modify the punishment for persons who commit certain third or 17 subsequent violations of driving while their driver license or 18 driving privilege had been canceled, suspended, or revoked. 19 (b) A person who committed a violation of s. 322.34(2) 20 before October 1, 2019 when chapter 2019-167, Laws of Florida 21 amended 322.34: 22 1. Who was sentenced before July 1, 2024, must be 23 resentenced in accordance with subsection (2). The new sentence 24 must be as provided in s. 322.34(2). 25 2. Who was not sentenced before July 1, 2024, must be 26 sentenced in accordance with s. 322.34(2). 27 (2) Resentencing under this section must occur in the 28 following manner: 29 (a) The Department of Corrections shall notify a person 30 described in this section of his or her eligibility to request a 31 sentence review hearing. 32 (b) A person seeking sentence review under this section may 33 submit an application to the court of original jurisdiction 34 requesting that a sentence review hearing be held. The 35 sentencing court retains original jurisdiction for the duration 36 of the sentence for this purpose. 37 (c) A person eligible for a sentence review hearing under 38 this section is entitled to be represented by counsel, and the 39 court must appoint a public defender to represent the person if 40 he or she cannot afford an attorney. 41 (d) Upon receiving an application from an eligible person, 42 the court of original sentencing jurisdiction shall hold a 43 sentence review hearing. If the court determines at the sentence 44 review hearing that the eligible person meets the criteria in 45 this section for resentencing, the court must resentence the 46 person as provided in this section; however, the new sentence 47 may not exceed the person’s original sentence with credit for 48 time served. If the court determines that such person does not 49 meet the criteria for resentencing under this section, the court 50 must provide written reasons why the person does not meet such 51 criteria. 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 line 10 56 and insert: 57 cross-references; creating s. 775.093, F.S.; providing 58 legislative intent; providing for the retroactive 59 applicability of s. 322.34, F.S.; requiring certain 60 resentencing or sentencing of persons who committed 61 certain third or subsequent violations relating to 62 driving while their driver license or driving 63 privilege had been canceled, suspended, or revoked; 64 authorizing a person to apply to a specified court for 65 a sentence review hearing; providing that the person 66 is entitled to be represented by counsel; specifying 67 requirements for the court in holding the hearing and 68 resentencing the person; providing an effective date.