Harrison, Mardi: Legislative History

An act relating to juvenile sentencing; amending s. 775.082, F.S.; providing
criminal penalties applicable to a juvenile offender for certain serious
felonies; requiring a judge to consider specified factors before determining
if life imprisonment is an appropriate sentence for a juvenile offender
convicted of certain offenses; providing review of sentences for specified
juvenile offenders; creating s. 921.1401, F.S.; providing sentencing
proceedings for determining if life imprisonment is an appropriate
sentence for a juvenile offender convicted of certain offenses; providing
certain factors a judge shall consider when determining if life imprisonment
is appropriate for a juvenile offender; creating s. 921.1402, F.S.;
defining the term “juvenile offender”; providing sentence review proceedings
to be conducted after a specified period of time by the original
sentencing court for juvenile offenders convicted of certain offenses;
providing for subsequent reviews; requiring the Department of Corrections
to notify a juvenile offender of his or her eligibility to participate in
sentence review hearings; entitling a juvenile offender to be represented by
counsel; providing factors that must be considered by the court in the
sentence review; requiring the court to modify a juvenile offender’s
sentence if certain factors are found; requiring the court to impose a
term of probation for any sentence modified; requiring the court to make
written findings if the court declines to modify a juvenile offender’s
sentence; amending ss. 316.3026, 373.430, 403.161, and 648.571, F.S.;
conforming cross-references; providing an effective date.

http://laws.flrules.org/

House Bill 7035 passed the House on April 1, 2014. The bill was amended by the Senate on April 23, 2014, and subsequently passed the House on May 2, 2014.In 2010, the United States Supreme Court held in Graham v. Florida that the 8th Amendment of the U.S. Constitution prohibits states from sentencing juvenile nonhomicide offenders to life without providing a meaningful opportunity to obtain release. In 2012, the United States Supreme Court held in Miller v. Alabama that the 8th Amendment of the U.S. Constitution prohibits a sentencing scheme that mandates life in prison without the possibility of parole for juvenile offenders convicted of a homicide offense. The bill addresses the Graham and Miller decisions by specifying that a juvenile offender convicted of a:
• Capital felony homicide offense where the person actually killed, intended to kill, or attempted to kill the victim must be sentenced to life if the judge, after considering specified factors at a mandatory sentencing hearing (sentencing hearing), determines that life is appropriate, or must be sentenced to a term of at least 40 years if the judge concludes that life is not appropriate. Such person is entitled to have the court of original jurisdiction (court) review the sentence after 25 years, unless he or she has previously been convicted of an enumerated offense, or conspiracy to commit an enumerated offense;
• Life or first degree felony homicide offense where the person actually killed, intended to kill, or attempted to kill the victim may be sentenced to life if the judge, after considering specified factors at a sentencing hearing, determines that life is appropriate. Such person is entitled to have the court review the sentence after 25 years if the juvenile is sentenced to a term of imprisonment of more than 25 years;
• Capital, life, or first degree felony homicide offense where the person did not actually kill, intend to kill, or attempt to kill the victim may be sentenced to life if the judge, after considering specified factors at a sentencing hearing, determines that life is appropriate. Such person is entitled to have the court review the sentence after 15 years if the juvenile is sentenced to a term of imprisonment of more than 15 years; and
• Nonhomicide offense may be sentenced to life, if the judge, after considering specified factors at a sentencing hearing, determines that life is appropriate. Such person is entitled to have the court review the sentence after 20 years if the juvenile is sentenced to a term of imprisonment of more than 20 years. The juvenile offender is eligible for one subsequent review hearing 10 years after the initial review hearing.On March 3, 2014, the Criminal Justice Impact Conference determined that HB 7035 will have no prison bed impact on the Department of Corrections.The bill was approved by the Governor on June 20, 2014, ch. 2014-220, L.O.F., and became effective on that date.

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Florida Staff Analysis, H.B. 7035, 6/27/2014

This bill provides that inmates who were sentenced to life imprisonment for a nonhomicide offense committed when they were younger than 18 years old are eligible for resentencing after serving at least 25 years of the sentence. The bill includes factors that must be considered in evaluating whether the inmate has been sufficiently rehabilitated in order to be resentenced and placed on probation. This bill creates an unnumbered section of the Florida Statutes.

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Florida Staff Analysis, S.B. 212, 2/21/2012

CS for SB 384—A bill to be entitled An act relating to juvenile sentencing; amending s. 775.082, F.S.; providing criminal sentences applicable to a person who was under the age of 18 years at the time the offense was committed; requiring a judge to consider certain factors before determining if life imprisonment is an appropriate sentence for a homicide defendant; providing for review of sentences of certain offenders who were under the age of 18 at the time of the offense; providing requirements and procedures for such reviews; amending ss. 316.3026, 373.430, 403.161, and 648.571, F.S.; conforming cross-references; providing an effective date.—was read the second time by title.Pending further consideration of CS for SB 384, on motion by Senator Bradley, by two-thirds vote CS for HB 7035 was withdrawn from the Committees on Criminal Justice; Judiciary; Appropriations Subcommittee on Criminal and Civil Justice; and Appropriations.On motion by Senator Bradley, the rules were waived and—
CS for HB 7035—A bill to be entitled An act relating to juvenile sentencing; amending s. 775.082, F.S.; providing criminal penalties applicable to a juvenile offender for certain serious felonies; requiring a judge to consider specified factors before determining if life imprisonment is an appropriate sentence for a juvenile offender convicted of certain offenses; providing review of sentences for specified juvenile offenders; creating s. 921.140, F.S.; providing sentencing proceedings for determining if life imprisonment is an appropriate sentence for a juvenile offender convicted of certain offenses; providing certain factors a judge shall consider when determining if life imprisonment is appropriate for a juvenile offender; creating s. 921.1401, F.S.; defining the term “juvenile offender”; providing sentence review proceedings to be conducted after a specified period of time by the original sentencing court for juvenile offenders convicted of certain offenses; providing for subsequent reviews; requiring the Department of Corrections to notify a juvenile offender of his or her eligibility to participate in sentence review hearings; entitling a juvenile offender to be represented by counsel; providing factors that must be considered by the court in the sentence review; requiring the court to modify a juvenile offender's sentence if certain factors are found; requiring the court to impose a term of probation for any sentence modified; requiring the court to make written findings if the court declines to modify a juvenile offender's sentence; amending ss. 316.3026, 373.430, 403.161, and 648.571, F.S.; conforming cross-references; providing an effective date.

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Florida Senate Journal, 2014 Reg. Sess., No. 13