Fla. R. Crim. P. 3.802

(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.