Bill Text: FL S0450 | 2023 | Regular Session | Enrolled
Bill Title: Death Penalty
Spectrum: Bipartisan Bill
Status: (Passed) 2023-04-20 - Chapter No. 2023-23 [S0450 Detail]
Download: Florida-2023-S0450-Enrolled.html
ENROLLED 2023 Legislature CS for CS for SB 450 2023450er 1 2 An act relating to the death penalty; amending ss. 3 921.141 and 921.142, F.S.; requiring a determination 4 of a specified number of jurors, rather than jury 5 unanimity, for a sentencing recommendation of death to 6 the court; requiring a determination of a specified 7 number of jurors, rather than jury unanimity, for a 8 sentencing recommendation of life imprisonment without 9 the possibility of parole to the court; requiring the 10 court to impose the recommended sentence of life 11 imprisonment without the possibility of parole if 12 fewer than eight jurors recommend a sentence of death; 13 authorizing the court to impose a sentence of life 14 imprisonment without the possibility of parole or a 15 sentence of death if at least eight jurors recommend a 16 sentence of death; specifying that the court may 17 impose a sentence of death only if the jury 18 unanimously finds at least one aggravating factor 19 beyond a reasonable doubt; requiring the court to 20 include in its written order the reasons for not 21 accepting the jury’s recommended sentence, if 22 applicable; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsections (2), (3), and (4) of section 27 921.141, Florida Statutes, are amended to read: 28 921.141 Sentence of death or life imprisonment for capital 29 felonies; further proceedings to determine sentence.— 30 (2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This 31 subsection applies only if the defendant has not waived his or 32 her right to a sentencing proceeding by a jury. 33 (a) After hearing all of the evidence presented regarding 34 aggravating factors and mitigating circumstances, the jury shall 35 deliberate and determine if the state has proven, beyond a 36 reasonable doubt, the existence of at least one aggravating 37 factor set forth in subsection (6). 38 (b) The jury shall return findings identifying each 39 aggravating factor found to exist. A finding that an aggravating 40 factor exists must be unanimous. If the jury: 41 1. Does not unanimously find at least one aggravating 42 factor, the defendant is ineligible for a sentence of death. 43 2. Unanimously finds at least one aggravating factor, the 44 defendant is eligible for a sentence of death and the jury shall 45 make a recommendation to the court as to whether the defendant 46 shall be sentenced to life imprisonment without the possibility 47 of parole or to death. The recommendation shall be based on a 48 weighing of all of the following: 49 a. Whether sufficient aggravating factors exist. 50 b. Whether aggravating factors exist which outweigh the 51 mitigating circumstances found to exist. 52 c. Based on the considerations in sub-subparagraphs a. and 53 b., whether the defendant should be sentenced to life 54 imprisonment without the possibility of parole or to death. 55 (c) If at least eight jurors determinea unanimous jury56determinesthat the defendant should be sentenced to death, the 57 jury’s recommendation to the court mustshallbe a sentence of 58 death. If fewer than eight jurorsa unanimous jury does not59 determine that the defendant should be sentenced to death, the 60 jury’s recommendation to the court mustshallbe a sentence of 61 life imprisonment without the possibility of parole. 62 (3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.— 63 (a) If the jury has recommended a sentence of: 64 1. Life imprisonment without the possibility of parole, the 65 court shall impose the recommended sentence of life. 66 2. Death, and at least eight jurors recommend a sentence of 67 death, the court, after considering each aggravating factor 68 found by the jury and all mitigating circumstances, may impose a 69 sentence of life imprisonment without the possibility of parole 70 or a sentence of death. The court may consider only an 71 aggravating factor that was unanimously found to exist by the 72 jury. The court may impose a sentence of death only if the jury 73 unanimously finds at least one aggravating factor beyond a 74 reasonable doubt. 75 (b) If the defendant waived his or her right to a 76 sentencing proceeding by a jury, the court, after considering 77 all aggravating factors and mitigating circumstances, may impose 78 a sentence of life imprisonment without the possibility of 79 parole or a sentence of death. The court may impose a sentence 80 of death only if the court finds that at least one aggravating 81 factor has been proven to exist beyond a reasonable doubt. 82 (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 83 IMPRISONMENT OR DEATH.—In each case in which the court imposes a 84 sentence of life imprisonment without the possibility of parole 85 or death, the court shall, considering the records of the trial 86 and the sentencing proceedings, enter a written order addressing 87 the aggravating factors set forth in subsection (6) found to 88 exist, the mitigating circumstances in subsection (7) reasonably 89 established by the evidence, whether there are sufficient 90 aggravating factors to warrant the death penalty, and whether 91 the aggravating factors outweigh the mitigating circumstances 92 reasonably established by the evidence. The court must include 93 in its written order the reasons for not accepting the jury’s 94 recommended sentence, if applicable. If the court does not issue 95 its order requiring the death sentence within 30 days after the 96 rendition of the judgment and sentence, the court shall impose a 97 sentence of life imprisonment without the possibility of parole 98 in accordance with s. 775.082. 99 Section 2. Subsections (3), (4), and (5) of section 100 921.142, Florida Statutes, are amended to read: 101 921.142 Sentence of death or life imprisonment for capital 102 drug trafficking felonies; further proceedings to determine 103 sentence.— 104 (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This 105 subsection applies only if the defendant has not waived his or 106 her right to a sentencing proceeding by a jury. 107 (a) After hearing all of the evidence presented regarding 108 aggravating factors and mitigating circumstances, the jury shall 109 deliberate and determine if the state has proven, beyond a 110 reasonable doubt, the existence of at least one aggravating 111 factor set forth in subsection (7). 112 (b) The jury shall return findings identifying each 113 aggravating factor found to exist. A finding that an aggravating 114 factor exists must be unanimous. If the jury: 115 1. Does not unanimously find at least one aggravating 116 factor, the defendant is ineligible for a sentence of death. 117 2. Unanimously finds at least one aggravating factor, the 118 defendant is eligible for a sentence of death and the jury shall 119 make a recommendation to the court as to whether the defendant 120 shall be sentenced to life imprisonment without the possibility 121 of parole or to death. The recommendation shall be based on a 122 weighing of all of the following: 123 a. Whether sufficient aggravating factors exist. 124 b. Whether aggravating factors exist which outweigh the 125 mitigating circumstances found to exist. 126 c. Based on the considerations in sub-subparagraphs a. and 127 b., whether the defendant should be sentenced to life 128 imprisonment without the possibility of parole or to death. 129 (c) If at least eight jurors determinea unanimous jury130determinesthat the defendant should be sentenced to death, the 131 jury’s recommendation to the court mustshallbe a sentence of 132 death. If fewer than eight jurorsa unanimous jury does not133 determine that the defendant should be sentenced to death, the 134 jury’s recommendation to the court mustshallbe a sentence of 135 life imprisonment without the possibility of parole. 136 (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.— 137 (a) If the jury has recommended a sentence of: 138 1. Life imprisonment without the possibility of parole, the 139 court shall impose the recommended sentence of life. 140 2. Death, and at least eight jurors recommend a sentence of 141 death, the court, after considering each aggravating factor 142 found by the jury and all mitigating circumstances, may impose a 143 sentence of life imprisonment without the possibility of parole 144 or a sentence of death. The court may consider only an 145 aggravating factor that was unanimously found to exist by the 146 jury. The court may impose a sentence of death only if the jury 147 unanimously finds at least one aggravating factor beyond a 148 reasonable doubt. 149 (b) If the defendant waived his or her right to a 150 sentencing proceeding by a jury, the court, after considering 151 all aggravating factors and mitigating circumstances, may impose 152 a sentence of life imprisonment without the possibility of 153 parole or a sentence of death. The court may impose a sentence 154 of death only if the court finds at least one aggravating factor 155 has been proven to exist beyond a reasonable doubt. 156 (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 157 IMPRISONMENT OR DEATH.—In each case in which the court imposes a 158 sentence of life imprisonment without the possibility of parole 159 or deathsentence, the court shall, considering the records of 160 the trial and the sentencing proceedings, enter a written order 161 addressing the aggravating factors set forth in subsection (7) 162 found to exist, the mitigating circumstances in subsection (8) 163 reasonably established by the evidence, whether there are 164 sufficient aggravating factors to warrant the death penalty, and 165 whether the aggravating factors outweigh the mitigating 166 circumstances reasonably established by the evidence. The court 167 must include in its written order the reasons for not accepting 168 the jury’s recommended sentence, if applicable. If the court 169 does not issue its order requiring the death sentence within 30 170 days after the rendition of the judgment and sentence, the court 171 shall impose a sentence of life imprisonment without the 172 possibility of parole in accordance with s. 775.082. 173 Section 3. This act shall take effect upon becoming a law.