Florida Statute 921.1402 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

F.S. 921.1402

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.

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.

Annotations, Discussions, Cases:

Cases Citing Statute 921.1402

Total Results: 20

Anthony Jamal Williams v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-04T00:00:00-07:00

Snippet: agree with the state’s concession of error. See § 921.1402(2)(c), Fla. Stat. (2022) (“A juvenile offender

Gilbert Bernard v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-26T00:00:00-07:00

Snippet: involves only a ministerial act”); see also § 921.1402(2)(c), Fla. Stat. (mandating that “[a] juvenile

Colby McCoggle v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00

Snippet: (2014). Although sections 921.1401 and 921.1402 were enacted in July 2014, in Horsley v. State…not entitled to resentencing under section 921.1402, Florida Statutes. Michel, 257 So. 3d at 7–8 …were not entitled to resentencing under section 921.1402. See Michel, 257 So. 3d at 4. The State cited

Javarus Morgan v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-13T00:00:00-07:00

Snippet: SCALES, JJ. PER CURIAM. Affirmed. See § 921.1402(6), Fla. Stat. (2022) (providing a list of enumerated

ROBERT D. GARNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-08T00:00:00-08:00

Snippet: Florida, codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. See, e.g., Horsley v. State…sentence after twenty-five years pursuant to section 921.1402(2)(a). Roughly two years after the legislature…quot;not entitled to resentencing under section 921.1402, Florida Statutes." Id. at 8 (citing LeBlanc…judicial review after twenty-five years under section 921.1402. II. … review after twenty-five years under sections 921.1402(2)(a) and 775.082(1)(b) for the murder and burglary

David B. Ingraham v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: Florida, codified in sections 775.082, 921.1401 and 921.1402, Florida Statutes (2014).”4 2 Miller’s

ROBERT L. BATTLE, JR. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-23T00:00:00-08:00

Snippet: sentence review hearing in the future under section 921.1402(2)(d), Florida Statutes (2014). That statute is…Florida, codified in sections 775.082, 921.1401 and 921.1402, Florida Statutes (2014)." See also Pedroza…the factors set forth in sections 921.1401 and 921.1402. Anything less is insufficient. Because

Corey B. Johnson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

Snippet: Legislature enacted sections 775.082,3 921.1401, and 921.1402, Florida Statutes (2017), “[i]n direct response…twenty-five years (not seventy-five years) under section 921.1402, Florida Statutes. Id. at 649. That same year

Jonathan Sawyer v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-31T00:00:00-08:00

Snippet: sentence review proceeding.” Id.; see also § 921.1402(6)(a), Fla. Stat. (2022) (“[T]he court shall consider…in fact been rehabilitated comes from section [921.1402], which applies to subsequent judicial review…sentence review hearing held pursuant to section 921.1402.”). Regarding the latter, a careful review of

Max Lee Brazley v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-17T00:00:00-08:00

Snippet: offender. However, section 921.1402 does not apply to Brazley. See § 921.1402(1), Fla. Stat. (2023) (“For…entitlement to sentence review based on section 921.1402, Florida Statutes (2023). He claims that because

State of Florida v. Herbert Leon Manago, Jr.

Court: Fla. | Date Filed: 2023-11-30T00:00:00-08:00

Snippet: his or her sentence in accordance with s. 921.1402(2)(a). 2. A person who did not actually…his or her sentence in accordance with s. 921.1402(2)(c). Ch. 2014–220, § 1, Laws of Fla. Alongside…changes, the Legislature also created section 921.1402, Florida Statutes, which provides, in pertinent

ROBERT D. GARNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-15T00:00:00-07:00

Snippet: Florida, codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes. Mack, 313 So. 3d at 695. … review after twenty-five years under sections 921.1402(2)(a) and 775.082(1)(b), Florida Statutes (2018

GREGORY BOUCHER v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-12T00:00:00-07:00

Snippet: later conducted sentence review pursuant to § 921.1402 and determined that the juvenile offender was…trial court was correct in determining that [§ 921.1402] does not provide any basis for resentencing …with an issue of the statutory construction of § 921.1402, Florida’s sentence review statute. Id. at 729…the juvenile offender’s sentence pursuant to § 921.1402 and determined that he had been rehabilitated…rehabilitated and was fit to reenter society. See § 921.1402(7) (“If the court determines at a sentence review hearing

NICKOLAS WHITE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-12T00:00:00-07:00

Snippet: judicial review of the sentence pursuant to section 921.1402, Florida Statutes (2021). We reverse the order…sentence review proceeding contemplated by section 921.1402 when White filed his notice of appeal from his…motion for sentence review pursuant to section 921.1402 now that his currently pending direct appeal from… may reconsider its disposition of the section 921.1402 motion without the need for further evidentiary

ERIC ABRAHAM v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-10T00:53:00-07:00

Snippet: sentence after twenty years pursuant to section 921.1402(2)(d), Florida Statutes (2019) (“A juvenile offender…review of Defendant’s sentence pursuant to section 921.1402(2)(d), Florida Statutes; and (2) clarification

Hector Sanchez-Torres v. State of Florida

Court: Fla. | Date Filed: 2023-03-16T00:53:00-07:00

Snippet: s updated juvenile sentencing statute, section 921.1402, Florida Statutes (2016).

Hector Sanchez-Torres v. State of Florida

Court: Fla. | Date Filed: 2023-03-16T00:53:00-07:00

Snippet: s updated juvenile sentencing statute, section 921.1402, Florida Statutes (2016).

Eric Demond Parrish v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-28T00:53:00-07:00

Snippet: review after twenty years, pursuant to section 921.1402(2)(d), Florida Statutes. Parrish’s counsel indicated…judicial review after twenty years under section 921.1402(2)(d). The trial court did not issue an order … Parrish does meet the requirements of section 921.1402(2)(d), which entitles him to a review of his sentence…entitlement to a sentence review pursuant to section 921.1402(2)(d). Nor is the sentencing court required to…the sentencing order. 2,3 Rather, section 921.1402(3) places the requirement to notify Parrish of

SHAWN ANTHONY SINGLETARY v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

Snippet: judicial review after 25 years pursuant to section 921.1402(2)(a), (b), Florida Statutes (2021). Singletary

In Re: Amendments to the Florida Rules of Criminal Procedure

Court: Fla. | Date Filed: 2021-12-15T23:53:00-08:00

Snippet: additional language is added to reference section 921.1402, Florida Statutes, and to specify that the trial…provide information that is not required by section 921.1402, Florida Statutes, is deleted from rule 3.802…921.1402subsections (2)(a), (2)(b), or (2)(c), of section 921.1402, Florida Statutes, based on whether the defendantjuvenile… (A) which subsection of section 921.1402(2), Florida Statutes, applies; …hearing; and (C) that subsection 921.1402(3), Florida Statutes, requires the Department