HB 591 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to resentencing for persons serving 2
mandatory minimum sentences ; creating s. 775.08701, 3
F.S.; providing legislative intent; providing for the 4
retroactive applicability of s. 775.087, F.S.; 5
prohibiting certain persons from being sentenced to 6
mandatory minimum terms of imprisonment for aggravated 7
assault or attempted ag gravated assault committed 8
before a specified date; requiring resentencing for 9
persons who committed such violations before a 10
specified date and are serving mandatory minimum terms 11
of imprisonment; specifying procedures for such 12
resentencing; providing eli gibility for gain-time for 13
such sentenced or resentenced persons; creating s. 14
893.13501, F.S.; providing legislative intent; 15
providing for the retroactive applicability of s. 16
893.135, F.S.; requiring the initial sentencing and 17
the resentencing of certain p ersons who committed 18
certain violations before a specified date which 19
involved trafficking in hydrocodone or codeine; 20
providing criminal penalties for such violations that 21
are subject to an initial sentencing or a 22
resentencing; providing legislative intent ; providing 23
for the retroactive applicability of s. 893.135, F.S.; 24
requiring the initial sentencing and the resentencing 25
HB 591 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of certain persons who committed certain violations 26
before a specified date which involved trafficking in 27
oxycodone; providing criminal penalties for such 28
violations that are subject to an initial sentencing 29
or a resentencing; specifying procedures for such 30
resentencing; providing an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Section 775 .08701, Florida Statutes, is created 35
to read: 36
775.08701 Retroactive application relating to s. 775.087; 37
legislative intent; prohibiting mandatory minimum sentencing for 38
certain offenses; resentencing procedures. — 39
(1) It is the intent of the Legislature to retroactively 40
apply chapter 2016-7, Laws of Florida, only as provided in this 41
section, to persons who committed aggravated assault or 42
attempted aggravated assault before July 1, 2016, the effective 43
date of chapter 2016 -7, Laws of Florida, which amended s. 44
775.087 to remove aggravated assault and attempted aggravated 45
assault from the list of predicate offenses for mandatory 46
minimum terms of imprisonment under that section. 47
(2) As used in this section, a reference to "former s. 48
775.087" is a reference t o s. 775.087 as it existed at any time 49
before its amendment by chapter 2016 -7, Laws of Florida. 50
HB 591 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3)(a) A person who committed aggravated assault or 51
attempted aggravated assault before July 1, 2016, but was not 52
sentenced under former s. 775.087 before Oct ober 1, 2022, may 53
not be sentenced for that violation to a mandatory minimum term 54
of imprisonment under former s. 775.087. 55
(b) A person who committed aggravated assault or attempted 56
aggravated assault before July 1, 2016, who was sentenced before 57
October 1, 2022, to a mandatory minimum term of imprisonment 58
pursuant to former s. 775.087, and who is serving such mandatory 59
minimum term of imprisonment on or after October 1, 2022, must 60
be resentenced in accordance with paragraph (c) to a sentence 61
without such mandatory minimum term of imprisonment. The new 62
sentence must be as provided in s. 775.082, s. 775.083, or s. 63
775.084. 64
(c) Resentencing under this section must occur in the 65
following manner: 66
1. The Department of Corrections shall notify the person 67
described in paragraph (b) of his or her eligibility to request 68
a sentence review hearing. 69
2. The person seeking sentence review under this section 70
may submit an application to the court of original jurisdiction 71
requesting that a sentence review hearing be held. The 72
sentencing court retains original jurisdiction for the duration 73
of the sentence for this purpose. 74
3. A person eligible for a sentence review hearing under 75
HB 591 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this section is entitled to be represented by counsel, and the 76
court shall appoint a publ ic defender to represent the person if 77
he or she cannot afford an attorney. 78
4. Upon receiving an application from an eligible person, 79
the court of original sentencing jurisdiction shall hold a 80
sentence review hearing to determine if the eligible person 81
meets the criteria for resentencing under this section. If the 82
court determines at the sentence review hearing that the 83
eligible person meets the criteria in this section for 84
resentencing, the court must resentence the person as provided 85
in this section; however, the new sentence may not exceed the 86
person's original sentence with credit for time served. If the 87
court determines that such person does not meet the criteria for 88
resentencing under this section, the court must provide written 89
reasons why such pers on does not meet such criteria. 90
(d) A person sentenced or resentenced pursuant to this 91
section is eligible to receive any gain -time pursuant to s. 92
944.275 which he or she was previously ineligible to receive 93
because of the imposition of the mandatory min imum term of 94
imprisonment pursuant to former s. 775.087. 95
Section 2. Section 893.13501, Florida Statutes, is created 96
to read: 97
893.13501 Retroactive application relating to s. 893.135; 98
legislative intent; sentencing or resentencing for trafficking 99
in hydrocodone, codeine, or oxycodone; penalties; resentencing 100
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procedures.— 101
(1) It is the intent of the Legislature to retroactively 102
apply changes to gram -weight thresholds and ranges and to 103
penalties for trafficking in hydrocodone or codeine which are 104
applicable to offenders who committed these offenses on or after 105
October 1, 2019, the effective date of amendments to s. 893.135 106
by chapter 2019-167, Laws of Florida. 107
(a) If a violation of s. 893.135(1)(c) involving 108
trafficking in hydrocodone, as described in s. 893.03(2)(a)1.k.; 109
trafficking in codeine, as described in s. 893.03(2)(a)1.g.; or 110
trafficking in any salt of hydrocodone or of codeine or any 111
mixture containing any such substance, as described in s. 112
893.03(2)(a)2., was committed before October 1, 2019, and was 113
punishable as a felony of the first degree at the time the 114
violation was committed, the changes must be retroactively 115
applied as provided in this subsection. 116
(b) A person who committed a trafficking violation 117
described in paragraph (a) before October 1, 2019, but who was 118
not sentenced for such violation before October 1, 2022, must be 119
sentenced as provided in paragraph (d ). 120
(c) A person who committed a trafficking violation 121
described in paragraph (a) before October 1, 2019, and who is 122
serving a mandatory minimum term of imprisonment for such 123
violation on or after October 1, 2022, must be resentenced as 124
provided in paragraph (d) and in accordance with subsection (3). 125
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(d)1. A violation described in paragraph (a) for which the 126
person is to be sentenced or resentenced pursuant to this 127
subsection is a felony of the first degree, punishable as 128
provided in s. 775.082, s. 775.0 83, or s. 775.084. 129
2. If the quantity of hydrocodone, as described in s. 130
893.03(2)(a)1.k., codeine, as described in s. 893.03(2)(a)1.g., 131
any salt thereof, or any mixture containing any such substance 132
involved in the violation of s. 893.135: 133
a. Was 4 grams or more, but less than 28 grams, such 134
person must be sentenced or resentenced as provided in s. 135
775.082, s. 775.083, or s. 775.084. 136
b. Was 28 grams or more, but less than 50 grams, such 137
person must be sentenced or resentenced to a mandatory minimum 138
term of imprisonment of 3 years and ordered to pay a fine of 139
$50,000. 140
c. Was 50 grams or more, but less than 100 grams, such 141
person must be sentenced or resentenced to a mandatory minimum 142
term of imprisonment of 7 years and ordered to pay a fine of 143
$100,000. 144
d. Was 100 grams or more, but less than 300 grams, such 145
person must be sentenced or resentenced to a mandatory minimum 146
term of imprisonment of 15 years and ordered to pay a fine of 147
$500,000. 148
e. Was 300 grams or more, but less than 30 kilograms, suc h 149
person must be sentenced or resentenced to a mandatory minimum 150
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term of imprisonment of 25 years and ordered to pay a fine of 151
$500,000 if the trafficking involves hydrocodone, any salt 152
thereof, or any mixture containing hydrocodone; or to pay a fine 153
of $750,000 if the trafficking involves codeine, any salt 154
thereof, or any mixture containing codeine. 155
(2) It is the intent of the Legislature to retroactively 156
apply the changes to gram -weight thresholds and ranges and to 157
penalties for trafficking in oxycodone which are applicable to 158
offenders who committed this offense on or after July 1, 2014, 159
the effective date of amendments to s. 893.135 by chapter 2014 -160
176, Laws of Florida. 161
(a) If a violation of s. 893.135(1)(c) involving 162
trafficking in oxycodone, as des cribed in s. 893.03(2)(a)1.q., 163
any salt thereof, or any mixture containing any such substance 164
was committed before July 1, 2014, and was punishable as a 165
felony of the first degree at the time the violation was 166
committed, the changes must be retroactively a pplied as provided 167
in this subsection. 168
(b) A person who committed a trafficking violation 169
described in paragraph (a) before July 1, 2014, but who was not 170
sentenced for such violation before October 1, 2022, must be 171
sentenced as provided in paragraph (d). 172
(c) A person who committed a trafficking violation 173
described in paragraph (a) before July 1, 2014, and who is 174
serving a mandatory minimum term of imprisonment for such 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violation on or after October 1, 2022, must be resentenced as 176
provided in paragraph ( d) and in accordance with subsection (3). 177
(d)1. A violation described in paragraph (a) for which the 178
person is to be sentenced or resentenced pursuant to this 179
subsection is a felony of the first degree, punishable as 180
provided in s. 775.082, s. 775.083, o r s. 775.084. 181
2. If the quantity of oxycodone, as described in s. 182
893.03(2)(a)1.q., any salt thereof, or any mixture containing 183
any such substance involved in the violation of s. 893.135: 184
a. Was 4 grams or more, but less than 7 grams, such person 185
must be sentenced or resentenced as provided in s. 775.082, s. 186
775.083, or s. 775.084. 187
b. Was 7 grams or more, but less than 14 grams, such 188
person must be sentenced or resentenced to a mandatory minimum 189
term of imprisonment of 3 years and ordered to pay a fin e of 190
$50,000. 191
c. Was 14 grams or more, but less than 25 grams, such 192
person must be sentenced or resentenced to a mandatory minimum 193
term of imprisonment of 7 years and ordered to pay a fine of 194
$100,000. 195
d. Was 25 grams or more, but less than 100 grams, such 196
person must be sentenced or resentenced to a mandatory minimum 197
term of imprisonment of 15 years and ordered to pay a fine of 198
$500,000. 199
e. Was 100 grams or more, but less than 30 kilograms, such 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person must be sentenced or resentenced to a mandatory minimum 201
term of imprisonment of 25 years and ordered to pay a fine of 202
$500,000. 203
(3) Resentencing under this section must occur in the 204
following manner: 205
(a) The Department of Corrections shall notify the person 206
described in paragraph (1)(c) or paragraph (2)(c) of his or her 207
eligibility to request a sentence review hearing. 208
(b) The person seeking sentence review under this section 209
may submit an application to the court of original jurisdiction 210
requesting that a sentence review hearing be held. The 211
sentencing court retains original jurisdiction for the duration 212
of the sentence for this purpose. 213
(c) A person eligible for a sentence review hearing under 214
this section is entitled to be represented by counsel, and the 215
court shall appoint a public defender to represent the person if 216
he or she cannot afford an attorney. 217
(d) Upon receiving an application from the eligible 218
person, the court of original sentencing jurisdiction shall hold 219
a sentence review hearing to determine if the eligible person 220
meets the criteria for resentencing under this section. If the 221
court determines at the sentence review hearing that the 222
eligible person meets the criteria in this section for 223
resentencing, the court must resentence the person as provided 224
in this section; however, the n ew sentence may not exceed the 225
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person's original sentence with credit for time served. If the 226
court determines that such person does not meet the criteria for 227
resentencing under this section, the court must provide written 228
reasons why such person does not meet such criteria. 229
Section 3. This act shall take effect October 1, 2022. 230