Florida Senate - 2023                              CS for SB 450
       
       
        
       By the Committee on Criminal Justice; and Senators Ingoglia and
       Martin
       
       
       
       
       591-02323A-23                                          2023450c1
    1                        A bill to be entitled                      
    2         An act relating to the death penalty; amending ss.
    3         921.141 and 921.142, F.S.; requiring a determination
    4         of a specified number of jurors, rather than jury
    5         unanimity, for a sentencing recommendation of death to
    6         the court; requiring a determination of a specified
    7         number of jurors, rather than jury unanimity, for a
    8         sentencing recommendation of life imprisonment without
    9         the possibility of parole to the court; requiring the
   10         court to impose the recommended sentence of death if a
   11         certain number of jurors recommend a sentence of
   12         death; authorizing the court to impose a sentence of
   13         life imprisonment without the possibility of parole or
   14         a sentence of death if a certain number of jurors
   15         recommend a sentence of death; requiring the court to
   16         include in its written order the reasons for not
   17         accepting the jury’s recommended sentence, if
   18         applicable; specifying that the court may impose a
   19         sentence of death only if the jury unanimously finds
   20         at least one aggravating factor beyond a reasonable
   21         doubt; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (2), (3), and (4) of section
   26  921.141, Florida Statutes, are amended to read:
   27         921.141 Sentence of death or life imprisonment for capital
   28  felonies; further proceedings to determine sentence.—
   29         (2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
   30  subsection applies only if the defendant has not waived his or
   31  her right to a sentencing proceeding by a jury.
   32         (a) After hearing all of the evidence presented regarding
   33  aggravating factors and mitigating circumstances, the jury shall
   34  deliberate and determine if the state has proven, beyond a
   35  reasonable doubt, the existence of at least one aggravating
   36  factor set forth in subsection (6).
   37         (b) The jury shall return findings identifying each
   38  aggravating factor found to exist. A finding that an aggravating
   39  factor exists must be unanimous. If the jury:
   40         1. Does not unanimously find at least one aggravating
   41  factor, the defendant is ineligible for a sentence of death.
   42         2. Unanimously finds at least one aggravating factor, the
   43  defendant is eligible for a sentence of death and the jury shall
   44  make a recommendation to the court as to whether the defendant
   45  shall be sentenced to life imprisonment without the possibility
   46  of parole or to death. The recommendation shall be based on a
   47  weighing of all of the following:
   48         a. Whether sufficient aggravating factors exist.
   49         b. Whether aggravating factors exist which outweigh the
   50  mitigating circumstances found to exist.
   51         c. Based on the considerations in sub-subparagraphs a. and
   52  b., whether the defendant should be sentenced to life
   53  imprisonment without the possibility of parole or to death.
   54         (c) If at least eight jurors determine a unanimous jury
   55  determines that the defendant should be sentenced to death, the
   56  jury’s recommendation to the court must shall be a sentence of
   57  death. If fewer than eight jurors a unanimous jury does not
   58  determine that the defendant should be sentenced to death, the
   59  jury’s recommendation to the court must shall be a sentence of
   60  life imprisonment without the possibility of parole.
   61         (3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
   62         (a) If the jury has recommended a sentence of:
   63         1. Life imprisonment without the possibility of parole, the
   64  court shall impose the recommended sentence of life.
   65         2. Death, and if at least ten jurors recommend a sentence
   66  of death, the court must impose the recommended sentence of
   67  death. The court may impose a sentence of death only if the jury
   68  unanimously finds at least one aggravating factor beyond a
   69  reasonable doubt.
   70         3.Death, and either eight or nine jurors recommend a
   71  sentence of death, the court, after considering each aggravating
   72  factor found by the jury and all mitigating circumstances, may
   73  impose a sentence of life imprisonment without the possibility
   74  of parole or a sentence of death. The court may consider only an
   75  aggravating factor that was unanimously found to exist by the
   76  jury. The court may impose a sentence of death only if the jury
   77  unanimously finds at least one aggravating factor beyond a
   78  reasonable doubt.
   79         (b) If the defendant waived his or her right to a
   80  sentencing proceeding by a jury, the court, after considering
   81  all aggravating factors and mitigating circumstances, may impose
   82  a sentence of life imprisonment without the possibility of
   83  parole or a sentence of death. The court may impose a sentence
   84  of death only if the court finds that at least one aggravating
   85  factor has been proven to exist beyond a reasonable doubt.
   86         (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
   87  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
   88  sentence of life imprisonment without the possibility of parole
   89  or death, the court shall, considering the records of the trial
   90  and the sentencing proceedings, enter a written order addressing
   91  the aggravating factors set forth in subsection (6) found to
   92  exist, the mitigating circumstances in subsection (7) reasonably
   93  established by the evidence, whether there are sufficient
   94  aggravating factors to warrant the death penalty, and whether
   95  the aggravating factors outweigh the mitigating circumstances
   96  reasonably established by the evidence. The court must include
   97  in its written order the reasons for not accepting the jury’s
   98  recommended sentence, if applicable. If the court does not issue
   99  its order requiring the death sentence within 30 days after the
  100  rendition of the judgment and sentence, the court shall impose a
  101  sentence of life imprisonment without the possibility of parole
  102  in accordance with s. 775.082.
  103         Section 2. Subsections (3), (4), and (5) of section
  104  921.142, Florida Statutes, are amended to read:
  105         921.142 Sentence of death or life imprisonment for capital
  106  drug trafficking felonies; further proceedings to determine
  107  sentence.—
  108         (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
  109  subsection applies only if the defendant has not waived his or
  110  her right to a sentencing proceeding by a jury.
  111         (a) After hearing all of the evidence presented regarding
  112  aggravating factors and mitigating circumstances, the jury shall
  113  deliberate and determine if the state has proven, beyond a
  114  reasonable doubt, the existence of at least one aggravating
  115  factor set forth in subsection (7).
  116         (b) The jury shall return findings identifying each
  117  aggravating factor found to exist. A finding that an aggravating
  118  factor exists must be unanimous. If the jury:
  119         1. Does not unanimously find at least one aggravating
  120  factor, the defendant is ineligible for a sentence of death.
  121         2. Unanimously finds at least one aggravating factor, the
  122  defendant is eligible for a sentence of death and the jury shall
  123  make a recommendation to the court as to whether the defendant
  124  shall be sentenced to life imprisonment without the possibility
  125  of parole or to death. The recommendation shall be based on a
  126  weighing of all of the following:
  127         a. Whether sufficient aggravating factors exist.
  128         b. Whether aggravating factors exist which outweigh the
  129  mitigating circumstances found to exist.
  130         c. Based on the considerations in sub-subparagraphs a. and
  131  b., whether the defendant should be sentenced to life
  132  imprisonment without the possibility of parole or to death.
  133         (c) If at least eight jurors determine a unanimous jury
  134  determines that the defendant should be sentenced to death, the
  135  jury’s recommendation to the court must shall be a sentence of
  136  death. If fewer than eight jurors a unanimous jury does not
  137  determine that the defendant should be sentenced to death, the
  138  jury’s recommendation to the court must shall be a sentence of
  139  life imprisonment without the possibility of parole.
  140         (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
  141         (a) If the jury has recommended a sentence of:
  142         1. Life imprisonment without the possibility of parole, the
  143  court shall impose the recommended sentence of life.
  144         2. Death, and if at least ten jurors recommend a sentence
  145  of death, the court must impose the recommended sentence of
  146  death. The court may impose a sentence of death only if the jury
  147  unanimously finds at least one aggravating factor beyond a
  148  reasonable doubt.
  149         3.Death, and either eight or nine jurors recommend a
  150  sentence of death, the court, after considering each aggravating
  151  factor found by the jury and all mitigating circumstances, may
  152  impose a sentence of life imprisonment without the possibility
  153  of parole or a sentence of death. The court may consider only an
  154  aggravating factor that was unanimously found to exist by the
  155  jury. The court may impose a sentence of death only if the jury
  156  unanimously finds at least one aggravating factor beyond a
  157  reasonable doubt.
  158         (b) If the defendant waived his or her right to a
  159  sentencing proceeding by a jury, the court, after considering
  160  all aggravating factors and mitigating circumstances, may impose
  161  a sentence of life imprisonment without the possibility of
  162  parole or a sentence of death. The court may impose a sentence
  163  of death only if the court finds at least one aggravating factor
  164  has been proven to exist beyond a reasonable doubt.
  165         (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
  166  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
  167  sentence of life imprisonment without the possibility of parole
  168  or death sentence, the court shall, considering the records of
  169  the trial and the sentencing proceedings, enter a written order
  170  addressing the aggravating factors set forth in subsection (7)
  171  found to exist, the mitigating circumstances in subsection (8)
  172  reasonably established by the evidence, whether there are
  173  sufficient aggravating factors to warrant the death penalty, and
  174  whether the aggravating factors outweigh the mitigating
  175  circumstances reasonably established by the evidence. The court
  176  must include in its written order the reasons for not accepting
  177  the jury’s recommended sentence, if applicable. If the court
  178  does not issue its order requiring the death sentence within 30
  179  days after the rendition of the judgment and sentence, the court
  180  shall impose a sentence of life imprisonment without the
  181  possibility of parole in accordance with s. 775.082.
  182         Section 3. This act shall take effect upon becoming a law.