Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 450
Ì297178UÎ297178
LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Ingoglia) recommended the
following:
1 Senate Amendment to Amendment (613564) (with title
2 amendment)
3
4 Delete lines 45 - 145
5 and insert:
6 2. Death, and if at least ten jurors recommend a sentence
7 of death, the court must impose the recommended sentence of
8 death. The court may impose a sentence of death only if the jury
9 unanimously finds at least one aggravating factor beyond a
10 reasonable doubt.
11 3. Death, and either eight or nine jurors recommend a
12 sentence of death, the court, after considering each aggravating
13 factor found by the jury and all mitigating circumstances, may
14 impose a sentence of life imprisonment without the possibility
15 of parole or a sentence of death. The court may consider only an
16 aggravating factor that was unanimously found to exist by the
17 jury. The court may impose a sentence of death only if the jury
18 unanimously finds at least one aggravating factor beyond a
19 reasonable doubt.
20 (b) If the defendant waived his or her right to a
21 sentencing proceeding by a jury, the court, after considering
22 all aggravating factors and mitigating circumstances, may impose
23 a sentence of life imprisonment without the possibility of
24 parole or a sentence of death. The court may impose a sentence
25 of death only if the court finds that at least one aggravating
26 factor has been proven to exist beyond a reasonable doubt.
27 (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
28 IMPRISONMENT OR DEATH.— In each case in which the court imposes
29 a sentence of life imprisonment without the possibility of
30 parole or death, the court shall, considering the records of the
31 trial and the sentencing proceedings, enter a written order
32 addressing the aggravating factors set forth in subsection (6)
33 found to exist, the mitigating circumstances in subsection (7)
34 reasonably established by the evidence, whether there are
35 sufficient aggravating factors to warrant the death penalty, and
36 whether the aggravating factors outweigh the mitigating
37 circumstances reasonably established by the evidence. The court
38 must include in its written order the reasons for not accepting
39 the jury's recommended sentence, if applicable. If the court
40 does not issue its order requiring the death sentence within 30
41 days after the rendition of the judgment and sentence, the court
42 shall impose a sentence of life imprisonment without the
43 possibility of parole in accordance with s. 775.082.
44 Section 2. Subsections (3), (4), and (5) of section
45 921.142, Florida Statutes, are amended to read:
46 921.142 Sentence of death or life imprisonment for capital
47 drug trafficking felonies; further proceedings to determine
48 sentence.—
49 (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
50 subsection applies only if the defendant has not waived his or
51 her right to a sentencing proceeding by a jury.
52 (a) After hearing all of the evidence presented regarding
53 aggravating factors and mitigating circumstances, the jury shall
54 deliberate and determine if the state has proven, beyond a
55 reasonable doubt, the existence of at least one aggravating
56 factor set forth in subsection (7).
57 (b) The jury shall return findings identifying each
58 aggravating factor found to exist. A finding that an aggravating
59 factor exists must be unanimous. If the jury:
60 1. Does not unanimously find at least one aggravating
61 factor, the defendant is ineligible for a sentence of death.
62 2. Unanimously finds at least one aggravating factor, the
63 defendant is eligible for a sentence of death and the jury shall
64 make a recommendation to the court as to whether the defendant
65 shall be sentenced to life imprisonment without the possibility
66 of parole or to death. The recommendation shall be based on a
67 weighing of all of the following:
68 a. Whether sufficient aggravating factors exist.
69 b. Whether aggravating factors exist which outweigh the
70 mitigating circumstances found to exist.
71 c. Based on the considerations in sub-subparagraphs a. and
72 b., whether the defendant should be sentenced to life
73 imprisonment without the possibility of parole or to death.
74 (c) If at least eight jurors determine a unanimous jury
75 determines that the defendant should be sentenced to death, the
76 jury’s recommendation to the court must shall be a sentence of
77 death. If fewer than eight jurors a unanimous jury does not
78 determine that the defendant should be sentenced to death, the
79 jury’s recommendation to the court must shall be a sentence of
80 life imprisonment without the possibility of parole.
81 (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
82 (a) If the jury has recommended a sentence of:
83 1. Life imprisonment without the possibility of parole, the
84 court shall impose the recommended sentence of life.
85 2. Death, and if at least ten jurors recommend a sentence
86 of death, the court must impose the recommended sentence of
87 death. The court may impose a sentence of death only if the jury
88 unanimously finds at least one aggravating factor beyond a
89 reasonable doubt.
90 3. Death, and either eight or nine jurors recommend a
91 sentence of death, the court, after considering each aggravating
92 factor found by the jury and all mitigating circumstances, may
93 impose a sentence of life imprisonment without the possibility
94 of parole or a sentence of death. The court may consider only an
95 aggravating factor that was unanimously found to exist by the
96 jury. The court may impose a sentence of death only if the jury
97 unanimously finds at least one aggravating factor beyond a
98 reasonable doubt.
99 (b) If the defendant waived his or her right to a
100 sentencing proceeding by a jury, the court, after considering
101 all aggravating factors and mitigating circumstances, may impose
102 a sentence of life imprisonment without the possibility of
103 parole or a sentence of death. The court may impose a sentence
104 of death only if the court finds at least one aggravating factor
105 has been proven to exist beyond a reasonable doubt.
106 (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
107 IMPRISONMENT OR DEATH.—In each case in which the court imposes a
108 sentence of life imprisonment without the possibility of parole
109 or death sentence, the court shall, considering the records of
110 the trial and the sentencing proceedings, enter a written order
111 addressing the aggravating factors set forth in subsection (7)
112 found to exist, the mitigating circumstances in subsection (8)
113 reasonably established by the evidence, whether there are
114 sufficient aggravating factors to warrant the death penalty, and
115 whether the aggravating factors outweigh the mitigating
116 circumstances reasonably established by the evidence. The court
117 must include in its written order the reasons for not accepting
118 the jury's recommended sentence, if applicable. If the court
119 does not
120
121 ================= T I T L E A M E N D M E N T ================
122 And the title is amended as follows:
123 Delete lines 167 - 168
124 and insert:
125 recommended sentence of death if a certain number of
126 jurors recommend a sentence of death; permitting the
127 court to impose a sentence of life imprisonment
128 without the possibility of parole or a sentence of
129 death if a certain number of jurors recommend a
130 sentence of death; requiring the court to enter a
131 written order with findings upon imposition of
132 sentence; specifying that the