House Bill 3033c1
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1998             CS/HB 3033
        By the Committee on Crime & Punishment and Representatives
    Stafford, Heyman, Lacasa and Sanderson
  1                      A bill to be entitled
  2         An act relating to execution of the death
  3         sentence; creating s. 922.105, F.S.; providing
  4         for execution of the death sentence by means of
  5         lethal injection if electrocution is declared
  6         invalid by any one of specified courts, unless
  7         overruled; providing that a person authorized
  8         by state law to prescribe medication, when
  9         designated by the Department of Corrections,
10         may prescribe the drugs necessary to compound a
11         lethal injection; providing that a person
12         authorized by state law to prepare, compound,
13         or dispense medication, when designated by the
14         Department of Corrections, may prepare,
15         compound, or dispense the lethal injection;
16         providing that the prescription, preparation,
17         compounding, dispensing, or administration of a
18         lethal injection does not constitute practicing
19         medicine, nursing, or pharmacy; providing for
20         execution of the death sentence by other means
21         not declared unconstitutional by the United
22         States Supreme Court, if lethal injection is
23         declared invalid; providing for determination
24         and supervision of execution procedure by the
25         Secretary of Corrections or the secretary's
26         designee, under specified circumstances when
27         execution by means of electrocution or lethal
28         injection has been declared invalid; providing
29         an exemption from ch. 120, F.S., for the
30         policies and procedures of the Department of
31         Corrections for execution; prohibiting
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    Florida House of Representatives - 1998             CS/HB 3033
    189-829-98
  1         reduction of a sentence of death as the result
  2         of a method of execution being declared
  3         invalid; providing an effective date.
  4
  5         WHEREAS, the existing method of carrying out a sentence
  6  of death in this state is by electrocution, and
  7         WHEREAS, the Legislature has previously determined that
  8  death by electrocution is the preferred method of carrying out
  9  the death penalty, and the death penalty should be carried out
10  in a swift and sure manner, and
11         WHEREAS, the Florida Supreme Court, in Jones v. State,
12  701 So.2d 76, has held death by electrocution to be a
13  constitutional method of imposing the death penalty in this
14  state, and
15         WHEREAS, the Legislature intends to ensure that the
16  lawful punishment of death imposed on persons in this state is
17  carried out, and considers it to be appropriate to provide
18  alternative methods for imposing death only if legally
19  required to do so, and
20         WHEREAS, changing the method of carrying out the death
21  penalty both for those previously sentenced and for those who
22  will be sentenced in the future is merely procedural and does
23  not increase the quantum of punishment imposed upon a
24  defendant and therefore does not violate the prohibition
25  against ex post facto laws under the Constitution of the
26  United States, Malloy v. South Carolina, 237 U.S. 180 (1915),
27  and Ex Parte Kenneth Granviel, 561 S.W.2d 503 (Tex. App.
28  1978), and
29         WHEREAS, the United States Supreme Court has previously
30  declared, in the case of Dobbert v. Florida, 432 U.S. 282
31  (1977), that changing the practices and procedures of the
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1998             CS/HB 3033
    189-829-98
  1  application of the death penalty statute does not violate the
  2  ex post facto clauses of the State Constitution or the
  3  Constitution of the United States, and
  4         WHEREAS, the Florida Supreme Court has previously held
  5  a claim under Article X, Section 9 of the State Constitution
  6  against retroactive changes in death penalty procedures to be
  7  without merit, in the case of Dobbert v. State, 375 So.2d 1069
  8  (Fla. 1979), NOW, THEREFORE,
  9
10  Be It Enacted by the Legislature of the State of Florida:
11
12         Section 1.  Section 922.105, Florida Statutes, is
13  created to read:
14         922.105  Execution of death sentence by lethal
15  injection or other method of execution if death by
16  electrocution is declared invalid; prohibition against
17  reduction of death sentence as a result of determination that
18  a method of execution is invalid.--
19         (1)  If death by electrocution pursuant to s. 922.10 is
20  declared invalid by the Florida Supreme Court, the United
21  States Supreme Court, or a final decision of the United States
22  Court of Appeal, Eleventh Circuit, unless overruled in any
23  manner, then the method of execution shall be by lethal
24  injection of a substance or substances in lethal quantity
25  sufficient to cause death.  The execution procedure is to be
26  determined and supervised by the Secretary of Corrections or
27  the secretary's designee.
28           (2)  Notwithstanding any law to the contrary, a
29  person authorized by state law to prescribe medication and
30  designated by the Department of Corrections may prescribe the
31  drug or drugs necessary to compound a lethal injection.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1998             CS/HB 3033
    189-829-98
  1  Notwithstanding any law to the contrary, a person authorized
  2  by state law to prepare, compound, or dispense medication and
  3  designated by the Department of Corrections may prepare,
  4  compound, or dispense a lethal injection.  For purposes of
  5  this section, prescription, preparation, compounding,
  6  dispensing, and administration of a lethal injection does not
  7  constitute the practice of medicine, nursing, or pharmacy.
  8         (3)  If the imposition of death by lethal injection is
  9  declared invalid by the Florida Supreme Court, the United
10  States Supreme Court, or a final decision of the United States
11  Court of Appeal, Eleventh Circuit, unless overruled in any
12  manner, then the method of execution in that case shall be
13  carried out by any other method of execution not declared
14  unconstitutional by the United States Supreme Court.  The
15  execution procedure for imposing a death sentence pursuant to
16  this subsection is to be determined and supervised by the
17  Secretary of Corrections or the secretary's designee.
18         (4)  The policies and procedures of the Department of
19  Corrections for execution of persons sentenced to death shall
20  be exempt from chapter 120.
21         (5)  No sentence of death shall be reduced as a result
22  of a determination that a method of execution is invalid under
23  the State Constitution or the Constitution of the United
24  States.  In any case in which an execution method is declared
25  invalid, the death sentence shall remain in force until the
26  sentence can be lawfully executed by any valid method of
27  execution.
28         Section 2.  This act shall take effect upon becoming a
29  law.
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