RULE 3.802. REVIEW OF SENTENCES FOR JUVENILE
OFFENDERS

(a) Application. A juvenile offender, as defined in section
921.1402(1), Florida Statutes, may seek a modification of sentence
under section 921.1402, Florida Statutes, by submitting an
application to the trial court requesting a sentence review hearing.

(b) Time for Filing. An application for sentence review may
not be filed until the juvenile offender becomes eligible under
section 921.1402(2), Florida Statutes. A juvenile offender becomes
eligible:

(1) after 25 years, if the juvenile offender is sentenced
to life under section 775.082(1)(b)1., Florida Statutes, or to a term
of more than 25 years under sections 775.082(3)(a)5.a. or
775.082(3)(b)2.a., Florida Statutes;

(2) after 20 years, if the juvenile offender is sentenced
to a term of 20 years or more under section 775.082(3)(c), Florida
Statutes; or
(3) after 15 years, if the juvenile offender is sentenced
to a term of more than 15 years under sections 775.082(1)(b)2.,
775.082(3)(a)5.b., or 775.082(3)(b)2.b., Florida Statutes.

(c) Contents of Application. The application must state
that the juvenile offender is eligible for sentence review and include:

(1) a copy of the judgment and sentence, or a
statement containing the following:

(A) the date of sentencing;

(B) the offense for which the juvenile offender was
sentenced;

(C) the sentence imposed; and

(2) whether a previous application has been filed, the
date of filing of the application, and the disposition of that
application.

(d) Procedure; Evidentiary Hearing; Disposition. On
application from an eligible juvenile offender, the trial court must
hold a sentence review hearing to determine whether the juvenile
offender’s sentence should be modified. If the application, files, and
records in the case conclusively show that the applicant does not
qualify as a juvenile offender under section 921.1402(1), Florida
Statutes, or that the application is premature, the court may deny
the application without a hearing, and must attach such
documents to the order. If an application is denied as premature,
the denial must be without prejudice.

(1) At the sentence review hearing, the court must
consider the following factors when determining if it is appropriate
to modify the juvenile offender’s sentence:

(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;

(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 general educational development certificate 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; and

(J) any other factor the court deems appropriate.

(2) 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 must 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 must issue a
written order stating the reasons why the sentence is not being
modified.

(e) Rehearing. Any party may file a motion for rehearing of
any order addressing a motion under this rule within 15 days of the
date of service of the order. A motion for rehearing is not required to
preserve any issue for review in the appellate court. A motion for
rehearing must be based on a good faith belief that the court has
overlooked a previously argued issue of fact or law or an argument
based on a legal precedent or statute not available prior to the
court’s ruling. A response may be filed within 10 days of service of
the motion. The trial court’s order disposing of the motion for
rehearing must be filed within 15 days of the response but not later
than 40 days from the date of the order of which rehearing is
sought.

(f) Successive Applications. A second or successive
application must be denied without a hearing, except under the
following circumstances:

(1) the initial application was denied as premature; or

(2) under section 921.1402(2)(d), Florida Statutes, the
initial application was submitted by a juvenile offender sentenced to
a term of 20 years or more under section 775.082(3)(c), Florida
Statutes, and more than 10 years has elapsed since the initial
sentence review hearing.

(g) Jurisdiction. The sentencing court retains original
jurisdiction for the duration of the sentence for the purpose of a
sentence review hearing.

(h) Right to Counsel. A juvenile offender who is eligible for a
sentence review hearing under section 921.1402(5), Florida
Statutes, is entitled to be represented by counsel, and the court
must appoint a public defender to represent the juvenile offender if
the juvenile offender cannot afford an attorney.
XV. EXECUTION OF SENTENCE