Florida HB 1459: Resentencing for Felony Offenses

Bill Text

HB 1459 2021

CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
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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 felony offenses; 2
creating s. 921.26, F.S.; providing legislative 3
intent; authorizing the state attorney of a judicial 4
circuit in which an offender was sentenced for a 5
felony offense to petition the sentencing court to 6
resentence the offender if the original sentence no 7
longer advances the interests of justice; authorizing 8
a court to grant or deny the petition; providing 9
requirements if the sentencing court grants the 10
petition; authorizing the court to consider specified 11
postconviction factors; requiring that credit be given 12
for time served; providing requirements for state 13
attorneys; requiring a court to provide an opportunity 14
for victims of the offender's crimes to present 15
statements; providing applicability; providing an 16
effective date. 17
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Be It Enacted by the Legislature of the State of Florida: 19
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Section 1. Section 921.26, Florida Statutes, is created to 21
read: 22
921.26 State attorney petition for offender resentencing.— 23
(1) It is the intent of the Legislature to give 24
prosecutors the discretion to petition a sentencing court to 25

HB 1459 2021

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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

resentence an individual if the individual's sentence no longer 26
advances the interests of justice. The purpose of sentencing is 27
to advance public safety through punishment, rehabilitation, and 28
restorative justice. When a sentence includes incarceration, 29
this purpose is best served by terms that are proportionate to 30
the seriousness of the offense and provide uniformity with the 31
sentences of offenders committing the same offense under similar 32
circumstances. By providing a means to reevaluate a sentence 33
after some time has passed, the Legislature intends to provide 34
prosecutors and courts with another tool to ensure these 35
purposes are achieved. 36
(2) The state attorney of a judicial circuit in which an 37
offender was sentenced for a felony offense may petition the 38
sentencing court to resentence the offender if the original 39
sentence no longer advances the interests of justice. 40
(3) The court may grant or deny a petition under this 41
section. If the sentencing court grants a petition, it must 42
resentence the defendant in the same manner as if the offender 43
had not previously been sentenced, and it may not impose a new 44
sentence greater than the initial sentence. 45
(4) The court may consider postconviction factors 46
including, but not limited to, the inmate's disciplinary record 47
and record of rehabilitation while incarcerated; evidence that 48
reflects whether age, time served, and diminished physical 49
condition, if any, have reduced the inmate's risk for future 50

HB 1459 2021

CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
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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

violence; and evidence that reflects changed circumstances since 51
the inmate's original sentencing such that the inmate's 52
continued incarceration no longer serves the interests of 53
justice. Credit must be given for time served. 54
(5) The state attorney shall make reasonable efforts to 55
notify victims and survivors of victims of the petition for 56
resentencing and the date of the resentencing hearing. The state 57
attorney shall provide victims and survivors of victims access 58
to available victim advocates and other related services. The 59
court shall provide an opportunity for victims and survivors of 60
victims of any crimes for which the offender has been convicted 61
to present a statement personally or by representation. 62
(6) A resentencing under this section does not reopen the 63
defendant's conviction to challenges that would otherwise be 64
barred. 65
Section 2. This act shall take effect July 1, 2021. 66