Florida Senate - 2023                                    SB 1644
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01416-23                                           20231644__
    1                        A bill to be entitled                      
    2         An act relating to sentencing calculations; amending
    3         s. 921.0024, F.S.; providing that sentence points
    4         expire after a specified period and cannot be used in
    5         calculations; amending s. 924.051, F.S.; authorizing
    6         individuals to petition for new sentencing
    7         calculations due to changes in the law in certain
    8         circumstances; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (8) is added to section 921.0024,
   13  Florida Statutes, to read:
   14         921.0024 Criminal Punishment Code; worksheet computations;
   15  scoresheets.—
   16         (8) Ten years after a defendant has completed the
   17  incarceration portion of his or her sentence for an offense, the
   18  sentence points assigned for that offense expire and may not be
   19  included in any sentencing calculations or used to enhance
   20  sentencing.
   21         Section 2. Paragraph (d) is added to subsection (6) of
   22  section 924.051, Florida Statutes, to read:
   23         924.051 Terms and conditions of appeals and collateral
   24  review in criminal cases.—
   25         (6) In a noncapital case, a petition or motion for
   26  collateral or other postconviction relief may not be considered
   27  if it is filed more than 2 years after the judgment and sentence
   28  became final, unless the petition or motion alleges that:
   29         (d) Notwithstanding s. 775.022, if the sentence points
   30  assessed for a particular offense for which an individual was
   31  assigned points have been reduced or any other part of the
   32  sentencing calculation used when sentencing for particular
   33  offenses has been changed by a new statute, the individual may
   34  petition the sentencing court for a new sentencing calculation
   35  under the revised provisions.
   36         Section 3. This act shall take effect July 1, 2023.