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F.S. 921.1402 on Google Scholar

F.S. 921.1402 on Casetext

Amendments to 921.1402


The 2022 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.1402 Florida Statutes and Case Law
921.1402 Review of sentences for persons convicted of specified offenses committed while under the age of 18 years.
(1) For purposes of this section, the term “juvenile offender” means a person sentenced to imprisonment in the custody of the Department of Corrections for an offense committed on or after July 1, 2014, and committed before he or she attained 18 years of age.
(2)(a) A juvenile offender sentenced under s. 775.082(1)(b)1. is entitled to a review of his or her sentence after 25 years. However, a juvenile offender is not entitled to review if he or she has previously been convicted of one of the following offenses, or conspiracy to commit one of the following offenses, if the offense for which the person was previously convicted was part of a separate criminal transaction or episode than that which resulted in the sentence under s. 775.082(1)(b)1.:
1. Murder;
2. Manslaughter;
3. Sexual battery;
4. Armed burglary;
5. Armed robbery;
6. Armed carjacking;
7. Home-invasion robbery;
8. Human trafficking for commercial sexual activity with a child under 18 years of age;
9. False imprisonment under s. 787.02(3)(a); or
10. Kidnapping.
(b) A juvenile offender sentenced to a term of more than 25 years under s. 775.082(3)(a)5.a. or s. 775.082(3)(b)2.a. is entitled to a review of his or her sentence after 25 years.
(c) A juvenile offender sentenced to a term of more than 15 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s. 775.082(3)(b)2.b. is entitled to a review of his or her sentence after 15 years.
(d) A juvenile offender sentenced to a term of 20 years or more under s. 775.082(3)(c) is entitled to a review of his or her sentence after 20 years. If the juvenile offender is not resentenced at the initial review hearing, he or she is eligible for one subsequent review hearing 10 years after the initial review hearing.
(3) The Department of Corrections shall notify a juvenile offender of his or her eligibility to request a sentence review hearing 18 months before the juvenile offender is entitled to a sentence review hearing under this section.
(4) A juvenile offender seeking sentence review pursuant to subsection (2) must submit an application to the court of original jurisdiction requesting that a sentence review hearing be held. The juvenile offender must submit a new application to the court of original jurisdiction to request subsequent sentence review hearings pursuant to paragraph (2)(d). The sentencing court shall retain original jurisdiction for the duration of the sentence for this purpose.
(5) A juvenile offender who is eligible for a sentence review hearing under this section is entitled to be represented by counsel, and the court shall appoint a public defender to represent the juvenile offender if the juvenile offender cannot afford an attorney.
(6) Upon receiving an application from an eligible juvenile offender, the court of original sentencing jurisdiction shall hold a sentence review hearing to determine whether the juvenile offender’s sentence should be modified. When determining if it is appropriate to modify the juvenile offender’s sentence, the court shall consider any factor it deems appropriate, including all of the following:
(a) Whether the juvenile offender demonstrates maturity and rehabilitation.
(b) Whether the juvenile offender remains at the same level of risk to society as he or she did at the time of the initial sentencing.
(c) The opinion of the victim or the victim’s next of kin. The absence of the victim or the victim’s next of kin from the sentence review hearing may not be a factor in the determination of the court under this section. The court shall permit the victim or victim’s next of kin to be heard, in person, in writing, or by electronic means. If the victim or the victim’s next of kin chooses not to participate in the hearing, the court may consider previous statements made by the victim or the victim’s next of kin during the trial, initial sentencing phase, or subsequent sentencing review hearings.
(d) Whether the juvenile offender was a relatively minor participant in the criminal offense or acted under extreme duress or the domination of another person.
(e) Whether the juvenile offender has shown sincere and sustained remorse for the criminal offense.
(f) Whether the juvenile offender’s age, maturity, and psychological development at the time of the offense affected his or her behavior.
(g) Whether the juvenile offender has successfully obtained a high school equivalency diploma or completed another educational, technical, work, vocational, or self-rehabilitation program, if such a program is available.
(h) Whether the juvenile offender was a victim of sexual, physical, or emotional abuse before he or she committed the offense.
(i) The results of any mental health assessment, risk assessment, or evaluation of the juvenile offender as to rehabilitation.
(7) If the court determines at a sentence review hearing that the juvenile offender has been rehabilitated and is reasonably believed to be fit to reenter society, the court shall modify the sentence and impose a term of probation of at least 5 years. If the court determines that the juvenile offender has not demonstrated rehabilitation or is not fit to reenter society, the court shall issue a written order stating the reasons why the sentence is not being modified.
History.s. 3, ch. 2014-220; s. 97, ch. 2015-2.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 921.1402 on Google Scholar

F.S. 921.1402 on Casetext

Amendments to 921.1402


Arrestable Offenses / Crimes under Fla. Stat. 921.1402
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.1402.


Civil Citations / Citable Offenses under S921.1402
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 921.1402.


Annotations, Discussions, Cases:

  1. Abrakata v. State

    168 So. 3d 251 (Fla. Dist. Ct. App. 2015)   Cited 16 times
    Appellant raises three issues in this direct appeal. First, he contends that his judgment and sentence should be amended to reflect that he is entitled to a review of his sentence after 15 years under section 921.1402(2)(c), Florida Statutes (2014). Second, he contends that the 25–year mandatory minimum term should be vacated because it violates Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). Third, he contends that the trial court erred in imposing several costs.
  2. Horsley v. State

    160 So. 3d 393 (Fla. 2015)   Cited 162 times
    [Section 3] 921.1402—Review of sentences for persons convicted of specified offenses committed while under the age of 18 years.
    PAGE 402
  3. Montgomery v. State

    230 So. 3d 1256 (Fla. Dist. Ct. App. 2017)   Cited 15 times
    Reading the juvenile sentencing statutes and the 10–20–Life statute in pari materia, the following sentencing scheme emerges for nonhomicide juvenile offenders. Under section 775.082(3), the court must provide a nonhomicide juvenile offender, who is convicted of certain serious offenses, an individualized sentencing hearing. If the nonhomicide juvenile offender is sentenced to more than twenty years, the court must provide a judicial review after twenty years, pursuant to section 921.1402( 2)(d), to afford him or her a meaningful opportunity to obtain early release. However, if the nonhomicide juvenile offender, in the course of committing certain enumerated felonies, discharged a firearm and as the result of the discharge, inflicted death or great bodily harm, the juvenile must be sentenced to a twenty-five-year mandatory minimum. § 775.087(2), Fla. Stat. (2012). Nonetheless, he or she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.1402( 2)(d) with the possibility of early release. See generally Gridine v. State, 175 So.3d 672, 675 (Fla. 2015) (reversing juvenile nonhomicide offender's aggregate seventy-year…
    PAGE 1263
  4. State v. Purdy

    252 So. 3d 723 (Fla. 2018)   Cited 7 times
    It was against this backdrop that the Legislature adopted chapter 2014-220, Laws of Florida. See §§ 775.082, 921.1401, 921.1402, Fla. Stat. (2015) ; plurality op. at 725. Chapter 2014-220 provides for "sentence review proceedings to be conducted after a specified period of time by the original sentencing court for juvenile offenders convicted of certain offenses." Ch. 2014-220, Laws of Fla. (emphasis added); see § 921.1402(2), (6), Fla. Stat. (2015). "If the court determines ... that the juvenile offender has been rehabilitated and is reasonably believed to be fit to reenter society," section 921.1402(7) provides that "the court shall modify the sentence and impose a term of probation of at least 5 years." Id. § 921.1402(7) (emphasis added). Shortly after the Legislature enacted chapter 2014-220, this Court unanimously concluded that "applying chapter 2014–220, Laws of Florida, to all juvenile offenders whose sentences are unconstitutional under Miller is the appropriate remedy." Horsley , 160 So.3d at 405.
    PAGE 731
  5. Bell v. State

    313 So. 3d 1183 (Fla. Dist. Ct. App. 2021)   Cited 6 times
    Appellant's argument relies on general language from Eighth Amendment jurisprudence and this Court's opinion in Phillips to declare that, in addition to those considerations required by section 1401, the sentencing court must make a separate determination that Appellant was among the "rarest of children" demonstrating "irreparable corruption" before a life sentence may be imposed. However, Appellant's argument ignores section 921.1402. Here, Appellant has not received an inescapable, irrevocable life sentence. He has the opportunity to request a review hearing under section 921.1402 to determine "whether his sentence should be modified based on demonstrated maturity and rehabilitation." See § 921.1402(2)(a), Fla. Stat. Because section 1402 provides a meaningful opportunity for release, a life sentence which is subject to its review does not violate the Eighth Amendment, and a court sentencing a juvenile offender to life under these circumstances need not make any findings of "irreparable corruption." Phillips , 286 So. 3d at 909.
    PAGE 1189
  6. Bellay v. State

    277 So. 3d 605 (Fla. Dist. Ct. App. 2019)   Cited 5 times
    During the judicial review, in determining if it is appropriate to modify the sentence, the trial court will look to a different set of factors than those articulated in the sentencing statute. The sentence review factors are set forth in section 921.1402(6). These factors look not only at circumstances and events leading up to and including the offense, but also include considerations of who the juvenile offender is at the time of the judicial review, i.e., whether the offender "has been rehabilitated and is reasonably believed to be fit to reenter society." § 921.1402(7), Fla. Stat. Therefore, it is at the review of his sentence that Appellant's "spiritual transformation" and model behavior will have greater weight.
    PAGE 609
  7. Davis v. State

    230 So. 3d 487 (Fla. Dist. Ct. App. 2017)   Cited 8 times
    This is an appeal from the trial court's order below granting in part and denying in part Appellant's motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). On appeal, Appellant argues that the trial court erred when it modified his sentence without holding a resentencing hearing. We agree, and remand for resentencing. See § 775.082(3)(c), Fla. Stat. (2016) ; § 921.1402(2)(d), Fla. Stat. (2016) ; see also Kelsey v. State, 206 So.3d 5, 10–11 (Fla. 2016) ("Because we determine that resentencing is the appropriate remedy, the trial courts may embrace all of the provisions of chapter 2014–220 [which was codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes ] and are not required to limit themselves to only applying the judicial review provision."). The trial court's order is otherwise affirmed.
    PAGE 488
  8. Martinez v. State

    256 So. 3d 897 (Fla. Dist. Ct. App. 2018)   Cited 7 times
    In response to Graham and Miller , the Florida Legislature adopted chapter 2014–220, Laws of Florida, which is primarily codified in sections 921.1401 and 921.1402 of the Florida Statutes. These laws outline the factors a court must take into account when considering whether a juvenile offender should be sentenced to life and provide a review mechanism for certain sentences imposed upon juveniles who commit capital, life, or first degree felonies. §§ 921.1401 -.1402, Fla. Stat. (2014). The Florida Supreme Court has since provided that all juvenile offenders who were given life sentences (whether discretionary or mandatory, homicide or not) without consideration of the factors enumerated in Graham and Miller are entitled to be resentenced pursuant to sections 921.1401-.1402 of the Florida Statutes. Kelsey v. State , 206 So.3d 5, 11 (Fla. 2016) ; Landrum v. State , 192 So.3d 459, 460–61 (Fla. 2016).
    PAGE 898
  9. Graham v. State

    286 So. 3d 800 (Fla. Dist. Ct. App. 2019)   Cited 2 times
    In response to Graham and Miller , the Florida Legislature enacted new juvenile sentencing laws in chapter 2014-220, section 1-3 Laws of Florida, now codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. The new laws relate to juveniles convicted of "certain serious felonies" and require courts to conduct an individualized sentencing hearing before sentencing juvenile offenders to life imprisonment.
    PAGE 803