House Bill 3033e1
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CS/HB 3033, First Engrossed
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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CS/HB 3033, First Engrossed
1 reduction of a sentence of death as the result
2 of a method of execution being declared
3 invalid; prohibiting health care provider or
4 employee of the Department of Corrections from
5 being required to assist in an execution
6 contrary to the person's moral or ethical
7 beliefs; amending s. 775.082, F.S., relating to
8 penalties and mandatory minimum sentences for
9 certain reoffenders previously released from
10 prison; conforming provisions to changes made
11 by the act; prohibiting reduction of a sentence
12 of death as the result of a method of execution
13 being declared invalid; amending s. 790.161,
14 F.S., relating to the offense of making,
15 possessing, throwing, projecting, placing, or
16 discharging a destructive device, or attempt so
17 to do, and penalties; conforming provisions to
18 changes made by the act; prohibiting reduction
19 of a sentence of death as the result of a
20 method of execution being declared invalid;
21 providing an effective date.
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23 WHEREAS, the existing method of carrying out a sentence
24 of death in this state is by electrocution, and
25 WHEREAS, the Legislature has previously determined that
26 death by electrocution is the preferred method of carrying out
27 the death penalty, and the death penalty should be carried out
28 in a swift and sure manner, and
29 WHEREAS, the Florida Supreme Court, in Jones v. State,
30 701 So.2d 76, has held death by electrocution to be a
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CS/HB 3033, First Engrossed
1 constitutional method of imposing the death penalty in this
2 state, and
3 WHEREAS, the Legislature intends to ensure that the
4 lawful punishment of death imposed on persons in this state is
5 carried out, and considers it to be appropriate to provide
6 alternative methods for imposing death only if legally
7 required to do so, and
8 WHEREAS, changing the method of carrying out the death
9 penalty both for those previously sentenced and for those who
10 will be sentenced in the future is merely procedural and does
11 not increase the quantum of punishment imposed upon a
12 defendant and therefore does not violate the prohibition
13 against ex post facto laws under the Constitution of the
14 United States, Malloy v. South Carolina, 237 U.S. 180 (1915),
15 and Ex Parte Kenneth Granviel, 561 S.W.2d 503 (Tex. App.
16 1978), and
17 WHEREAS, the United States Supreme Court has previously
18 declared, in the case of Dobbert v. Florida, 432 U.S. 282
19 (1977), that changing the practices and procedures of the
20 application of the death penalty statute does not violate the
21 ex post facto clauses of the State Constitution or the
22 Constitution of the United States, and
23 WHEREAS, the Florida Supreme Court has previously held
24 a claim under Article X, Section 9 of the State Constitution
25 against retroactive changes in death penalty procedures to be
26 without merit, in the case of Dobbert v. State, 375 So.2d 1069
27 (Fla. 1979), NOW, THEREFORE,
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29 Be It Enacted by the Legislature of the State of Florida:
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CS/HB 3033, First Engrossed
1 Section 1. Section 922.105, Florida Statutes, is
2 created to read:
3 922.105 Execution of death sentence by lethal
4 injection or other method of execution if death by
5 electrocution is declared invalid; prohibition against
6 reduction of death sentence as a result of determination that
7 a method of execution is invalid.--
8 (1) If death by electrocution pursuant to s. 922.10 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 shall be by lethal
13 injection of a substance or substances in lethal quantity
14 sufficient to cause death. The execution procedure is to be
15 determined and supervised by the Secretary of Corrections or
16 the secretary's designee.
17 (2) Notwithstanding any law to the contrary, a
18 person authorized by state law to prescribe medication and
19 designated by the Department of Corrections may prescribe the
20 drug or drugs necessary to compound a lethal injection.
21 Notwithstanding any law to the contrary, a person authorized
22 by state law to prepare, compound, or dispense medication and
23 designated by the Department of Corrections may prepare,
24 compound, or dispense a lethal injection. For purposes of
25 this section, prescription, preparation, compounding,
26 dispensing, and administration of a lethal injection does not
27 constitute the practice of medicine, nursing, or pharmacy.
28 (3) If the imposition of death by lethal injection is
29 declared invalid by the Florida Supreme Court, the United
30 States Supreme Court, or a final decision of the United States
31 Court of Appeal, Eleventh Circuit, unless overruled in any
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CS/HB 3033, First Engrossed
1 manner, then the method of execution in that case shall be
2 carried out by any other method of execution not declared
3 unconstitutional by the United States Supreme Court. The
4 execution procedure for imposing a death sentence pursuant to
5 this subsection is to be determined and supervised by the
6 Secretary of Corrections or the secretary's designee.
7 (4) The policies and procedures of the Department of
8 Corrections for execution of persons sentenced to death shall
9 be exempt from chapter 120.
10 (5) Notwithstanding s. 775.082(2), s. 790.161(4), or
11 s. 775.15(1)(a), or any other provision to the contrary, no
12 sentence of death shall be reduced as a result of a
13 determination that a method of execution is invalid under the
14 State Constitution or the Constitution of the United States.
15 In any case in which an execution method is declared invalid,
16 the death sentence shall remain in force until the sentence
17 can be lawfully executed by any valid method of execution.
18 (6) Nothing contained in this chapter is intended to
19 require any physician, nurse, health care provider or employee
20 of the Department of Corrections to assist in any aspect of an
21 execution which is contrary to the person's moral or ethical
22 beliefs.
23 Section 2. Subsection (2) of section 775.082, Florida
24 Statutes, is amended to read:
25 775.082 Penalties; mandatory minimum sentences for
26 certain reoffenders previously released from prison.--
27 (1) A person who has been convicted of a capital
28 felony shall be punished by death if the proceeding held to
29 determine sentence according to the procedure set forth in s.
30 921.141 results in findings by the court that such person
31 shall be punished by death, otherwise such person shall be
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CS/HB 3033, First Engrossed
1 punished by life imprisonment and shall be ineligible for
2 parole.
3 (2) In the event the death penalty in a capital felony
4 is held to be unconstitutional by the Florida Supreme Court or
5 the United States Supreme Court, the court having jurisdiction
6 over a person previously sentenced to death for a capital
7 felony shall cause such person to be brought before the court,
8 and the court shall sentence such person to life imprisonment
9 as provided in subsection (1). No sentence of death shall be
10 reduced as a result of a determination that a method of
11 execution is invalid under the State Constitution or the
12 Constitution of the United States.
13 Section 3. Subsection (4) of section 790.161, Florida
14 Statutes, is amended to read:
15 790.161 Making, possessing, throwing, projecting,
16 placing, or discharging any destructive device or attempt so
17 to do, felony; penalties.--A person who willfully and
18 unlawfully makes, possesses, throws, projects, places,
19 discharges, or attempts to make, possess, throw, project,
20 place, or discharge any destructive device:
21 (4) If the act results in the death of another person,
22 commits a capital felony, punishable as provided in s.
23 775.082. In the event the death penalty in a capital felony is
24 held to be unconstitutional by the Florida Supreme Court or
25 the United States Supreme Court, the court having jurisdiction
26 over a person previously sentenced to death for a capital
27 felony shall cause such person to be brought before the court,
28 and the court shall sentence such person to life imprisonment
29 if convicted of murder in the first degree or of a capital
30 felony under this subsection, and such person shall be
31 ineligible for parole. No sentence of death shall be reduced
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CS/HB 3033, First Engrossed
1 as a result of a determination that a method of execution is
2 invalid under the State Constitution or the Constitution of
3 the United States.
4 Section 4. This act shall take effect upon becoming a
5 law.
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