Florida Statutes
Fla. Stat. § 921.1402 (2025)
Review of sentences for persons convicted of specified offenses committed while under the age of 18 years.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 144
cases (38 in the last 5 years), 2015–2026 · leading case: State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018).
State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). “See § 921.1402, Fla. Stat. (2017). Again, as this Court explained in Atwell , "[i]n Horsley , this Court held that the appropriate remedy for any juvenile offender whose sentence is unconstitutional under Miller is to apply chapter 2014-220, Laws of Florida-legislation enacted…”
Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017). “3d at 11 (holding Graham required judicial review hearings for juvenile offenders who are sentenced to terms longer than twenty years).”
Rodrick D. Williams v. State of Florida, 242 So. 3d 280 (Fla. 2018). “The session law also created section 921.1402, Florida Statutes (2017), which provides, in pertinent part: (2)(a) A juvenile offender sentenced under s.”
Thomas Kelsey v. State of Florida, 206 So. 3d 5 (Fla. 2016). “Resentencing under this new juvenile sentencing scheme includes, in most instances, the benefit of judicial review of the sentence as set forth in section 921.1402(2), Florida Statutes (2014).”
Kelsey v. State, 183 So. 3d 439 (Fla. 1st DCA 2015). “1st DCA 2015) (“absent a violation of Graham, there is no legal basis to retroactively apply section 921.1402 (or any other provision of the'juvenile sentencing legislation enacted in 2014) to the 2011 offense in this case.”
Laisha L. Landrum v. State of Florida, 192 So. 3d 459 (Fla. 2016). “Section 921.1402 additionally provides the relevant factors a court should consider during a “sentence review hearing to determine whether the juvenile offender’s sentence should be modified.”
State of Florida v. Kenneth Purdy, 252 So. 3d 723 (Fla. 2018). “-9- ANALYSIS Because the plain language of section 921.1402, Florida Statutes, only provides for review of the sentence imposed for Purdy’s murder conviction pursuant to the new provisions added by chapter 2014-220 as sections 775.”
Dontavious Lamar Copeland v. State of Florida, 240 So. 3d 58 (Fla. 1st DCA 2018). “See § 921.1402(2)(a), Fla. Stat. After sentencing, Mr.”
Collins v. State, 189 So. 3d 342 (Fla. 1st DCA 2016). “They were not resentenced under, the Chapter 2014-220, Laws of *347 Florida, revisions, so they were not entitled to the sentence review added by section 921.1402. In Kelsey there had been a resentencing following Graham.”
Miller v. State, 208 So. 3d 834 (Fla. 3d DCA 2017). “1401, Florida Statutes (2014), and section 921.1402, Florida Statutes (2015).”
Kendall Young v. State, 219 So. 3d 206 (Fla. 5th DCA 2017). “§ 921.1402(2)(a)-(b), Fla. Stat. (2014). 6 .”
Curtis Hall v. State of Florida, 248 So. 3d 1227 (Fla. 1st DCA 2018). “He was sentenced to fifty-five years in prison, to be followed by life on probation, with a chance for judicial review after fifteen years pursuant to section 921.1402, Florida Statutes (2014).”
— 921.1402(1) — 11 cases
Dante Rashad Morris v. State of Florida, 246 So. 3d 244 (Fla. 2018).
Miller v. State, 208 So. 3d 834 (Fla. 3d DCA 2017). “1401, Florida Statutes (2014), and section 921.1402, Florida Statutes (2015).”
Collins v. State, 189 So. 3d 342 (Fla. 1st DCA 2016). “They were not resentenced under, the Chapter 2014-220, Laws of *347 Florida, revisions, so they were not entitled to the sentence review added by section 921.1402. In Kelsey there had been a resentencing following Graham.”
Davis v. State, 199 So. 3d 546 (Fla. 4th DCA 2016).
Matias v. State, 228 So. 3d 677 (Fla. 2d DCA 2017).
— 921.1402(2) — 13 cases
Thomas Kelsey v. State of Florida, 206 So. 3d 5 (Fla. 2016). “Resentencing under this new juvenile sentencing scheme includes, in most instances, the benefit of judicial review of the sentence as set forth in section 921.1402(2), Florida Statutes (2014).”
Louis Anthony McCrae v. State of Florida, 267 So. 3d 470 (Fla. 1st DCA 2019).
Travis James v. State of Florida, 258 So. 3d 468 (Fla. 4th DCA 2018).
State of Florida v. Kenneth Purdy, 252 So. 3d 723 (Fla. 2018). “-9- ANALYSIS Because the plain language of section 921.1402, Florida Statutes, only provides for review of the sentence imposed for Purdy’s murder conviction pursuant to the new provisions added by chapter 2014-220 as sections 775.”
In Re Amendments to the Florida Rules of Crim. Procedure & Florida Rule of Appellate Procedure 9.140, 176 So. 3d 980 (Fla. 2015).
— 921.1402(2)(a) — 33 cases
Rodrick D. Williams v. State of Florida, 242 So. 3d 280 (Fla. 2018). “The session law also created section 921.1402, Florida Statutes (2017), which provides, in pertinent part: (2)(a) A juvenile offender sentenced under s.”
Thomas Kelsey v. State of Florida, 206 So. 3d 5 (Fla. 2016). “Resentencing under this new juvenile sentencing scheme includes, in most instances, the benefit of judicial review of the sentence as set forth in section 921.1402(2), Florida Statutes (2014).”
Dontavious Lamar Copeland v. State of Florida, 240 So. 3d 58 (Fla. 1st DCA 2018). “See § 921.1402(2)(a), Fla. Stat. After sentencing, Mr.”
State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). “See § 921.1402, Fla. Stat. (2017). Again, as this Court explained in Atwell , "[i]n Horsley , this Court held that the appropriate remedy for any juvenile offender whose sentence is unconstitutional under Miller is to apply chapter 2014-220, Laws of Florida-legislation enacted…”
Kelsey v. State, 183 So. 3d 439 (Fla. 1st DCA 2015). “1st DCA 2015) (“absent a violation of Graham, there is no legal basis to retroactively apply section 921.1402 (or any other provision of the'juvenile sentencing legislation enacted in 2014) to the 2011 offense in this case.”
— 921.1402(2)(a)(4) — 1 case
Desmond Baker v. State of Florida (Fla. 2d DCA 2019).
— 921.1402(2)(b) — 8 cases
Laisha L. Landrum v. State of Florida, 192 So. 3d 459 (Fla. 2016). “Section 921.1402 additionally provides the relevant factors a court should consider during a “sentence review hearing to determine whether the juvenile offender’s sentence should be modified.”
State of Florida v. Kenneth Purdy, 252 So. 3d 723 (Fla. 2018). “-9- ANALYSIS Because the plain language of section 921.1402, Florida Statutes, only provides for review of the sentence imposed for Purdy’s murder conviction pursuant to the new provisions added by chapter 2014-220 as sections 775.”
Travis James v. State of Florida, 258 So. 3d 468 (Fla. 4th DCA 2018).
Alden Benjamin White v. State of Florida, 244 So. 3d 1130 (Fla. 4th DCA 2018).
Hernandez v. State (Fla. 3d DCA 2018).
— 921.1402(2)(c) — 15 cases
Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017). “3d at 11 (holding Graham required judicial review hearings for juvenile offenders who are sentenced to terms longer than twenty years).”
Kendall Young v. State, 219 So. 3d 206 (Fla. 5th DCA 2017). “§ 921.1402(2)(a)-(b), Fla. Stat. (2014). 6 .”
Kelsey v. State, 183 So. 3d 439 (Fla. 1st DCA 2015). “1st DCA 2015) (“absent a violation of Graham, there is no legal basis to retroactively apply section 921.1402 (or any other provision of the'juvenile sentencing legislation enacted in 2014) to the 2011 offense in this case.”
Abrakata v. State, 168 So. 3d 251 (Fla. 1st DCA 2015).
Dennis L. Hart v. State of Florida, 246 So. 3d 417 (Fla. 4th DCA 2018).
— 921.1402(2)(d) — 32 cases
Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017). “3d at 11 (holding Graham required judicial review hearings for juvenile offenders who are sentenced to terms longer than twenty years).”
Kelsey v. State, 183 So. 3d 439 (Fla. 1st DCA 2015). “1st DCA 2015) (“absent a violation of Graham, there is no legal basis to retroactively apply section 921.1402 (or any other provision of the'juvenile sentencing legislation enacted in 2014) to the 2011 offense in this case.”
Collins v. State, 189 So. 3d 342 (Fla. 1st DCA 2016). “They were not resentenced under, the Chapter 2014-220, Laws of *347 Florida, revisions, so they were not entitled to the sentence review added by section 921.1402. In Kelsey there had been a resentencing following Graham.”
Noelson Andrevil v. State of Florida, 226 So. 3d 867 (Fla. 4th DCA 2017).
Jamie L. Tyson v. State, 199 So. 3d 1087 (Fla. 5th DCA 2016).
— 921.1402(3) — 3 cases
Matias v. State, 228 So. 3d 677 (Fla. 2d DCA 2017).
Eric Demond Parrish v. State of Florida (Fla. 1st DCA 2022).
— 921.1402(4) — 1 case
Eric Demond Parrish v. State of Florida (Fla. 1st DCA 2022).
— 921.1402(5) — 5 cases
State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). “See § 921.1402, Fla. Stat. (2017). Again, as this Court explained in Atwell , "[i]n Horsley , this Court held that the appropriate remedy for any juvenile offender whose sentence is unconstitutional under Miller is to apply chapter 2014-220, Laws of Florida-legislation enacted…”
In Re Amendments to the Florida Rules of Crim. Procedure & Florida Rule of Appellate Procedure 9.140, 200 So. 3d 1221 (Fla. 2016).
State of Florida v. Budry Michel (Fla. 2018).
— 921.1402(6) — 14 cases
Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017). “3d at 11 (holding Graham required judicial review hearings for juvenile offenders who are sentenced to terms longer than twenty years).”
State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). “See § 921.1402, Fla. Stat. (2017). Again, as this Court explained in Atwell , "[i]n Horsley , this Court held that the appropriate remedy for any juvenile offender whose sentence is unconstitutional under Miller is to apply chapter 2014-220, Laws of Florida-legislation enacted…”
Laisha L. Landrum v. State of Florida, 192 So. 3d 459 (Fla. 2016). “Section 921.1402 additionally provides the relevant factors a court should consider during a “sentence review hearing to determine whether the juvenile offender’s sentence should be modified.”
Collins v. State, 189 So. 3d 342 (Fla. 1st DCA 2016). “They were not resentenced under, the Chapter 2014-220, Laws of *347 Florida, revisions, so they were not entitled to the sentence review added by section 921.1402. In Kelsey there had been a resentencing following Graham.”
Angelo Atwell v. State of Florida, 197 So. 3d 1040 (Fla. 2016).
— 921.1402(6)(a) — 3 cases
Jonathan Sawyer v. The State of Florida (Fla. 3d DCA 2024).
Brooks John Bellay v. State of Florida (Fla. 4th DCA 2019).
Eric Demond Parrish v. State of Florida (Fla. 1st DCA 2022).
— 921.1402(6)(c) — 1 case
Collins v. State, 189 So. 3d 342 (Fla. 1st DCA 2016). “They were not resentenced under, the Chapter 2014-220, Laws of *347 Florida, revisions, so they were not entitled to the sentence review added by section 921.1402. In Kelsey there had been a resentencing following Graham.”
— 921.1402(6)(f) — 2 cases
Laisha L. Landrum v. State of Florida, 192 So. 3d 459 (Fla. 2016). “Section 921.1402 additionally provides the relevant factors a court should consider during a “sentence review hearing to determine whether the juvenile offender’s sentence should be modified.”
Curtis Hall v. State of Florida, 248 So. 3d 1227 (Fla. 1st DCA 2018). “He was sentenced to fifty-five years in prison, to be followed by life on probation, with a chance for judicial review after fifteen years pursuant to section 921.1402, Florida Statutes (2014).”
— 921.1402(7) — 8 cases
Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017). “3d at 11 (holding Graham required judicial review hearings for juvenile offenders who are sentenced to terms longer than twenty years).”
State of Florida v. Kenneth Purdy, 252 So. 3d 723 (Fla. 2018). “-9- ANALYSIS Because the plain language of section 921.1402, Florida Statutes, only provides for review of the sentence imposed for Purdy’s murder conviction pursuant to the new provisions added by chapter 2014-220 as sections 775.”
Zachary Carlton Dixon v. State of Florida, 257 So. 3d 1046 (Fla. 4th DCA 2018).
Brooks John Bellay v. State of Florida (Fla. 4th DCA 2019).
Kenneth Purdy v. State, 268 So. 3d 813 (Fla. 5th DCA 2017).
— 921.1402(c) — 1 case
Curtis Hall v. State of Florida, 248 So. 3d 1227 (Fla. 1st DCA 2018). “He was sentenced to fifty-five years in prison, to be followed by life on probation, with a chance for judicial review after fifteen years pursuant to section 921.1402, Florida Statutes (2014).”
— 921.1402(d) — 1 case
Reeters v. Israel, 223 So. 3d 265 (Fla. 4th DCA 2017).
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