Florida Senate - 2023 SB By Senator Torres 25-01416-23 20231644__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to sentencing calculations; amending s. 921.0024, F.S.; providing that sentence points expire after a specified period and cannot be used in calculations; amending s. 924.051, F.S.; authorizing individuals to petition for new sentencing calculations due to changes in the law in certain circumstances; providing an effective date. 8

Be It Enacted by the Legislature of the State of Florida: 10

Section 1. Subsection (8) is added to

section 921.0024, 12 Florida Statutes, to read: 13 921.0024 Criminal Punishment Code; worksheet computations; 14 scoresheets.— 15

(8) Ten years after a defendant has completed the incarceration portion of his or her sentence for an offense, the sentence points assigned for that offense expire and may not be included in any sentencing calculations or used to enhance sentencing. 20

Section 2. Paragraph

(

d) is added to subsection (6) of

section 924.051, Florida Statutes, to read: 22 924.051 Terms and conditions of appeals and collateral review in criminal cases.— 24

(6) In a noncapital case, a petition or motion for collateral or other postconviction relief may not be considered if it is filed more than years after the judgment and sentence became final, unless the petition or motion alleges that: 28

(

d) Notwithstanding s. 775.022, if the sentence points Florida Senate - 2023 SB 1644 25-01416-23 20231644__ CODING: Words stricken are deletions; words underlined are additions. assessed for a particular offense for which an individual was assigned points have been reduced or any other part of the sentencing calculation used when sentencing for particular offenses has been changed by a new statute, the individual may petition the sentencing court for a new sentencing calculation under the revised provisions. 35

Section 3. This act shall take effect July 1, 2023. 36