Jacob Ogles
Prison sentences change. But what’s that mean for those awaiting sentencing for crimes?
As Florida lawmakers look to implement a change to “The Savings Clause,” approved by voters in November, this proves a challenging question.
State Sen. Tom Lee, a Thonotosassa Republican, filed legislation (SB 1656) tackling implementation.
“We don’t want to unknowingly unravel or automatically unravel cases pending in the system,” Lee said.
The bill goes before the Senate Criminal Justice Committee on Monday.
The complication comes in the details on Amendment 11. Florida used to always try crimes under statutes when laws were first written. But the change allows cases in the pipeline to be affected by changes in statute.
This could come up quickly.
Florida lawmakers may soon adjust its grand theft thresholds to account for inflation. Heck, Floridians may soon decriminalize marijuana possession altogether.
Anybody already sentenced and serving time for these crimes won’t be affected by any change in law.
Lee doesn’t want to change that either. If the Legislature or the voters legalize marijuana, that clearly affects prospective cases. That means people won’t be arrested and certainly won’t be sentenced under state law.
But only the executive branch can grant clemency or pardon those in already doing time for marijuana possession.
Lawmakers also don’t want to step on judicial powers. So implementing the law deals in narrow bounds regarding separation of powers. And it also deals with just that group of people who have already committed crimes but have yet been sentenced.
The intention, Lee said, isn’t to ignore the will of voters who approved the statute. Instead, his bill sets it up so the Legislature can weigh in on each statute to discuss retroactive application of sentencing changes.
Lee said the great concern is the Legislature doesn’t want to suddenly invalidate every prosecution currently underway in Florida.
The Republican said he’s worked closely with state Sen. Darryl Rouson, a St. Petersburg Democrat. Rouson authored the changes to the Savings Clause as a member of the Constitution Revision Commission.
Initially, Rouson expressed opposition to the amendment but he’s now listed as a co-sponsor. Lee hopes when the legislation reaches the Senate floor, Rouson will stand with him as a prime co-sponsor.
The Senator has also worked with Attorney General Ashley Moody to ensure a smooth implementation.
