Florida Senate - 2016                                     SB 330
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00085-16                                            2016330__
    1                        A bill to be entitled                      
    2         An act relating to sentencing in capital felonies;
    3         amending ss. 921.141 and 921.142, F.S.; requiring that
    4         an advisory sentence of death be made by a unanimous
    5         recommendation of the jury after a defendant’s
    6         conviction or adjudication of guilt for a capital
    7         felony or capital drug trafficking felony; requiring
    8         the court to instruct the jury that, in order for the
    9         jury to recommend to the court that the death penalty
   10         be imposed, the jury must find that sufficient
   11         aggravating circumstances exist which outweigh the
   12         mitigating circumstances found to exist; requiring the
   13         court to instruct the jury that each aggravating
   14         circumstance used to support the jury’s recommendation
   15         of death must be proven beyond a reasonable doubt by a
   16         unanimous vote; requiring that the court provide a
   17         special verdict form specifying each aggravating
   18         circumstance found; limiting the court’s findings
   19         concerning aggravating circumstances to those found by
   20         the jury; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsections (2) and (3) of section 921.141,
   25  Florida Statutes, are amended to read:
   26         921.141 Sentence of death or life imprisonment for capital
   27  felonies; further proceedings to determine sentence.—
   28         (2) ADVISORY SENTENCE BY THE JURY.—After hearing all the
   29  evidence, the jury shall deliberate and render an advisory
   30  sentence to the court, based upon the following matters:
   31         (a) Whether sufficient aggravating circumstances exist as
   32  enumerated in subsection (5);
   33         (b) Whether the aggravating circumstances found to exist
   34  are sufficient to outweigh the mitigating sufficient mitigating
   35  circumstances exist which outweigh the aggravating circumstances
   36  found to exist; and
   37         (c) Based on these considerations, whether the defendant
   38  should be sentenced to life imprisonment or death.
   39  
   40  Effective for sentencing proceedings commencing on or after July
   41  1, 2016, an advisory sentence of death must be based on a
   42  unanimous vote for death by the jury. The verdict of the jury
   43  must be in writing, and an advisory sentence of death must
   44  certify that the vote for death was unanimous. The court shall
   45  instruct the jury that, in order for the jury to recommend to
   46  the court that the death penalty be imposed, the jury must first
   47  find that sufficient aggravating circumstances exist which
   48  outweigh the mitigating circumstances found to exist. The court
   49  shall further instruct the jury that each aggravating
   50  circumstance used to support the jury’s recommendation of death
   51  must be proven beyond a reasonable doubt as found by a unanimous
   52  vote. The court shall provide a special verdict form that
   53  specifies which, if any, aggravating circumstances were found to
   54  exist and certifies that the vote for each aggravating
   55  circumstance found was unanimous.
   56         (3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
   57  Notwithstanding the recommendation of a majority of the jury,
   58  the court, after weighing the aggravating and mitigating
   59  circumstances, shall enter a sentence of life imprisonment or
   60  death, but if the court imposes a sentence of death, it shall
   61  set forth in writing its findings upon which the sentence of
   62  death is based as to the facts:
   63         (a) That sufficient aggravating circumstances exist as
   64  enumerated in subsection (5);, and
   65         (b) That the aggravating circumstances found to exist are
   66  sufficient to outweigh the mitigating circumstances found to
   67  exist there are insufficient mitigating circumstances to
   68  outweigh the aggravating circumstances.
   69  
   70  In each case in which the court imposes the death sentence, the
   71  determination of the court must shall be supported by specific
   72  written findings of fact based upon the circumstances in
   73  subsections (5) and (6) and upon the records of the trial and
   74  the sentencing proceedings, except that the court’s
   75  consideration and finding of any fact based upon the
   76  circumstances in subsection (5) is limited to those unanimously
   77  found to exist by the jury. If the court does not make the
   78  findings requiring the death sentence within 30 days after the
   79  rendition of the judgment and sentence, the court shall impose
   80  sentence of life imprisonment in accordance with s. 775.082.
   81         Section 2. Subsections (3) and (4) of section 921.142,
   82  Florida Statutes, are amended to read:
   83         921.142 Sentence of death or life imprisonment for capital
   84  drug trafficking felonies; further proceedings to determine
   85  sentence.—
   86         (3) ADVISORY SENTENCE BY THE JURY.—After hearing all the
   87  evidence, the jury shall deliberate and render an advisory
   88  sentence to the court, based upon the following matters:
   89         (a) Whether sufficient aggravating circumstances exist as
   90  enumerated in subsection (6);
   91         (b) Whether the aggravating circumstances found to exist
   92  are sufficient to outweigh the mitigating sufficient mitigating
   93  circumstances exist which outweigh the aggravating circumstances
   94  found to exist; and
   95         (c) Based on these considerations, whether the defendant
   96  should be sentenced to life imprisonment or death.
   97  
   98  Effective for sentencing proceedings commencing on or after July
   99  1, 2016, an advisory sentence of death must be based on a
  100  unanimous vote for death by the jury. The verdict of the jury
  101  must be in writing, and an advisory sentence of death must
  102  certify that the vote for death was unanimous. The court shall
  103  instruct the jury that, in order for the jury to recommend to
  104  the court that the death penalty be imposed, the jury must first
  105  find that sufficient aggravating circumstances exist which
  106  outweigh the mitigating circumstances found to exist. The court
  107  shall further instruct the jury that each aggravating
  108  circumstance used to support the jury’s recommendation of death
  109  must be proven beyond a reasonable doubt as found by a unanimous
  110  vote. The court shall provide a special verdict form that
  111  specifies which, if any, aggravating circumstances were found to
  112  exist and certifies that the vote for each aggravating
  113  circumstance found was unanimous.
  114         (4) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
  115  Notwithstanding the recommendation of a majority of the jury,
  116  the court, after weighing the aggravating and mitigating
  117  circumstances, shall enter a sentence of life imprisonment or
  118  death, but if the court imposes a sentence of death, it shall
  119  set forth in writing its findings upon which the sentence of
  120  death is based as to the facts:
  121         (a) That sufficient aggravating circumstances exist as
  122  enumerated in subsection (6);, and
  123         (b) That the aggravating circumstances found to exist are
  124  sufficient to outweigh the mitigating circumstances found to
  125  exist there are insufficient mitigating circumstances to
  126  outweigh the aggravating circumstances.
  127  
  128  In each case in which the court imposes the death sentence, the
  129  determination of the court must shall be supported by specific
  130  written findings of fact based upon the circumstances in
  131  subsections (6) and (7) and upon the records of the trial and
  132  the sentencing proceedings, except that the court’s
  133  consideration and finding of any fact based upon the
  134  circumstances in subsection (6) is limited to those unanimously
  135  found to exist by the jury. If the court does not make the
  136  findings requiring the death sentence within 30 days after the
  137  rendition of the judgment and sentence, the court shall impose
  138  sentence of life imprisonment in accordance with s. 775.082, and
  139  the defendant is that person shall be ineligible for parole.
  140         Section 3. This act shall take effect July 1, 2016.