HB 753 2023
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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 sentencing for trafficking 2
violations; creating s. 893.13501, F.S.; providing 3
legislative intent; providing for the retroactive 4
applicability of s. 893.135, F.S.; requiring the 5
initial sentencing and the resentencing of certain 6
persons who committed certain violations before a 7
specified date which involved trafficking in 8
hydrocodone or codeine; providing criminal penalties 9
for such violations that are subject to an initial 10
sentencing or a resentencing; providing legislative 11
intent; providing for the retroactive applicability of 12
s. 893.135, F.S.; requiring the initial sentencing and 13
the resentencing of certain persons who committed 14
certain violations before a specified date which 15
involved trafficking in oxycodone; providing criminal 16
penalties for such violations that are subject to an 17
initial sentencing or a resentencing; specifying 18
procedures for such resentencing; providing an 19
effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Section 893.13501, Florida Statutes, is created 24
to read: 25
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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
893.13501 Retroactive application relating to s. 893.135; 26
legislative intent; sentencing or resentencing fo r trafficking 27
in hydrocodone, codeine, or oxycodone; penalties; resentencing 28
procedures.— 29
(1) It is the intent of the Legislature to retroactively 30
apply changes to gram -weight thresholds and ranges and to 31
penalties for trafficking in hydrocodone or codei ne which are 32
applicable to offenders who committed these offenses on or after 33
October 1, 2019, the effective date of amendments to s. 893.135 34
by chapter 2019-167, Laws of Florida. 35
(a) If a violation of s. 893.135(1)(c) involving 36
trafficking in hydrocodon e, as described in s. 893.03(2)(a)1.k.; 37
trafficking in codeine, as described in s. 893.03(2)(a)1.g.; or 38
trafficking in any salt of hydrocodone or of codeine or any 39
mixture containing any such substance, as described in s. 40
893.03(2)(a)2., was committed befo re October 1, 2019, and was 41
punishable as a felony of the first degree at the time the 42
violation was committed, the changes must be retroactively 43
applied as provided in this subsection. 44
(b) A person who committed a trafficking violation 45
described in paragraph (a) before October 1, 2019, but who was 46
not sentenced for such violation before October 1, 2023, must be 47
sentenced as provided in paragraph (d). 48
(c) A person who committed a trafficking violation 49
described in paragraph (a) before October 1, 2019, a nd who is 50
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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
serving a mandatory minimum term of imprisonment for such 51
violation on or after October 1, 2023, must be resentenced as 52
provided in paragraph (d) and in accordance with subsection (3). 53
(d)1. A violation described in paragraph (a) for which the 54
person is to be sentenced or resentenced pursuant to this 55
subsection is a felony of the first degree, punishable as 56
provided in s. 775.082, s. 775.083, or s. 775.084. 57
2. If the quantity of hydrocodone, as described in s. 58
893.03(2)(a)1.k., codeine, as des cribed in s. 893.03(2)(a)1.g., 59
any salt thereof, or any mixture containing any such substance 60
involved in the violation of s. 893.135: 61
a. Was 4 grams or more, but less than 28 grams, such 62
person must be sentenced or resentenced as provided in s. 63
775.082, s. 775.083, or s. 775.084. 64
b. Was 28 grams or more, but less than 50 grams, such 65
person must be sentenced or resentenced to a mandatory minimum 66
term of imprisonment of 3 years and ordered to pay a fine of 67
$50,000. 68
c. Was 50 grams or more, but less tha n 100 grams, such 69
person must be sentenced or resentenced to a mandatory minimum 70
term of imprisonment of 7 years and ordered to pay a fine of 71
$100,000. 72
d. Was 100 grams or more, but less than 300 grams, such 73
person must be sentenced or resentenced to a m andatory minimum 74
term of imprisonment of 15 years and ordered to pay a fine of 75
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$500,000. 76
e. Was 300 grams or more, but less than 30 kilograms, such 77
person must be sentenced or resentenced to a mandatory minimum 78
term of imprisonment of 25 years and ordered to pay a fine of 79
$500,000 if the trafficking involves hydrocodone, any salt 80
thereof, or any mixture containing hydrocodone; or to pay a fine 81
of $750,000 if the trafficking involves codeine, any salt 82
thereof, or any mixture containing codeine. 83
(2) It is the intent of the Legislature to retroactively 84
apply the changes to gram -weight thresholds and ranges and to 85
penalties for trafficking in oxycodone which are applicable to 86
offenders who committed this offense on or after July 1, 2014, 87
the effective date of amendments to s. 893.135 by chapter 2014 -88
176, Laws of Florida. 89
(a) If a violation of s. 893.135(1)(c) involving 90
trafficking in oxycodone, as described in s. 893.03(2)(a)1.q., 91
any salt thereof, or any mixture c ontaining any such substance 92
was committed before July 1, 2014, and was punishable as a 93
felony of the first degree at the time the violation was 94
committed, the changes must be retroactively applied as provided 95
in this subsection. 96
(b) A person who committ ed a trafficking violation 97
described in paragraph (a) before July 1, 2014, but who was not 98
sentenced for such violation before October 1, 2023, must be 99
sentenced as provided in paragraph (d). 100
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(c) A person who committed a trafficking violation 101
described in paragraph (a) before July 1, 2014, and who is 102
serving a mandatory minimum term of imprisonment for such 103
violation on or after October 1, 2023, must be resentenced as 104
provided in paragraph (d) and in accordance with subsection (3). 105
(d)1. A violation des cribed in paragraph (a) for which the 106
person is to be sentenced or resentenced pursuant to this 107
subsection is a felony of the first degree, punishable as 108
provided in s. 775.082, s. 775.083, or s. 775.084. 109
2. If the quantity of oxycodone, as described in s. 110
893.03(2)(a)1.q., any salt thereof, or any mixture containing 111
any such substance involved in the violation of s. 893.135: 112
a. Was 4 grams or more, but less than 7 grams, such person 113
must be sentenced or resentenced as provided in s. 775.082, s. 114
775.083, or s. 775.084. 115
b. Was 7 grams or more, but less than 14 grams, such 116
person must be sentenced or resentenced to a mandatory minimum 117
term of imprisonment of 3 years and ordered to pay a fine of 118
$50,000. 119
c. Was 14 grams or more, but less than 25 grams, such 120
person must be sentenced or resentenced to a mandatory minimum 121
term of imprisonment of 7 years and ordered to pay a fine of 122
$100,000. 123
d. Was 25 grams or more, but less than 100 grams, such 124
person must be sentenced or resentenced to a mandatory minim um 125
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term of imprisonment of 15 years and ordered to pay a fine of 126
$500,000. 127
e. Was 100 grams or more, but less than 30 kilograms, such 128
person must be sentenced or resentenced to a mandatory minimum 129
term of imprisonment of 25 years and ordered to pay a fin e of 130
$500,000. 131
(3) Resentencing under this section must occur in the 132
following manner: 133
(a) The Department of Corrections shall notify the person 134
described in paragraph (1)(c) or paragraph (2)(c) of his or her 135
eligibility to request a sentence review he aring. 136
(b) The person seeking sentence review under this section 137
may submit an application to the court of original jurisdiction 138
requesting that a sentence review hearing be held. The 139
sentencing court retains original jurisdiction for the duration 140
of the sentence for this purpose. 141
(c) A person eligible for a sentence review hearing under 142
this section is entitled to be represented by counsel, and the 143
court must appoint a public defender to represent the person if 144
he or she cannot afford an attorney. 145
(d) Upon receiving an application from the eligible 146
person, the court of original sentencing jurisdiction shall hold 147
a sentence review hearing to determine if the eligible person 148
meets the criteria for resentencing under this section. If the 149
court determines at the sentence review hearing that the 150
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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
eligible person meets the criteria in this section for 151
resentencing, the court must resentence the person as provided 152
in this section; however, the new sentence may not exceed the 153
person's original sentence with cre dit for time served. If the 154
court determines that such person does not meet the criteria for 155
resentencing under this section, the court must provide written 156
reasons why such person does not meet such criteria. 157
Section 2. This act shall take effect October 1, 2023. 158