Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 280
       
       
       
       
       
       
                                Ì534722ÉÎ534722                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/06/2017           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 48 and 49
    4  insert:
    5         Section 3. The Legislature finds that the Florida Supreme
    6  Court decided in Asay v. State, No. SC16-223, SC16-102, and
    7  SC16-628, (Fla., December 22, 2016), that Hurst v. State, No.
    8  SC12-1947 (Fla., Oct. 14, 2016), will not apply in cases where
    9  the death sentence became final prior to June 24, 2002, the day
   10  the U.S. Supreme Court issued its opinion in Ring v. Arizona,
   11  536 U.S. 584 (2002). The Legislature finds that the court's
   12  decision not to apply Hurst v. State in the cases of inmates
   13  whose death sentences became final prior to June 24, 2002 will
   14  result in a miscarriage of justice for those inmates. The
   15  Legislature further finds that the retroactive application of
   16  Hurst v. State to death row cases where the death sentence
   17  became final prior to June 24, 2002 will provide a more just and
   18  final resolution in those cases. Therefore, it is the intent of
   19  the Legislature that Hurst v. State, No. SC12-1947 (Fla., Oct.
   20  14, 2016) apply in cases in which the death sentence became
   21  final prior to June 24, 2002.
   22  
   23  ================= T I T L E  A M E N D M E N T ================
   24  And the title is amended as follows:
   25         Delete line 5
   26  and insert:
   27         sentencing recommendation of death; making Legislative
   28         findings; providing Legislative intent regarding
   29         retroactive application of Hurst v. State, No. SC12
   30         1947 (Fla., Oct. 14, 2016); reenacting ss.