Senate Bill 1986

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1986

    By Senator Campbell





    33-1359-00

  1                      A bill to be entitled

  2         An act relating to execution of the death

  3         sentence; amending s. 922.105, F.S.; providing

  4         that specified provisions may not be construed

  5         to block media access; providing an effective

  6         date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 922.105, Florida Statutes, as

11  amended by section 2 of chapter 2000-2, Laws of Florida, is

12  amended to read:

13         922.105  Execution of death sentence; prohibition

14  against reduction of death sentence as a result of

15  determination that a method of execution is

16  unconstitutional.--

17         (1)  A death sentence shall be executed by lethal

18  injection, unless the person sentenced to death affirmatively

19  elects to be executed by electrocution. The sentence shall be

20  executed under the direction of the Secretary of Corrections

21  or the secretary's designee.

22         (2)  A person convicted and sentenced to death for a

23  capital crime at any time shall have one opportunity to elect

24  that his or her death sentence be executed by electrocution.

25  The election for death by electrocution is waived unless it is

26  personally made by the person in writing and delivered to the

27  warden of the correctional facility within 30 days after the

28  issuance of mandate pursuant to a decision by the Florida

29  Supreme Court affirming the sentence of death or, if mandate

30  issued before the effective date of this act, the election

31  must be made and delivered to the warden within 30 days after

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1986
    33-1359-00




  1  the effective date of this act. If a warrant of execution is

  2  pending on the effective date of this act, or if a warrant is

  3  issued within 30 days after the effective date of this act,

  4  the person sentenced to death who is the subject of the

  5  warrant shall have waived election of electrocution as the

  6  method of execution unless a written election signed by the

  7  person is submitted to the warden of the correctional facility

  8  no later than 48 hours after a new date for execution of the

  9  death sentence is set by the Governor under s. 922.06.

10         (3)  If electrocution or lethal injection is held to be

11  unconstitutional by the Florida Supreme Court under the State

12  Constitution, or held to be unconstitutional by the United

13  States Supreme Court under the United States Constitution, or

14  if the United States Supreme Court declines to review any

15  judgment holding a method of execution to be unconstitutional

16  under the United States Constitution made by the Florida

17  Supreme Court or the United States Court of Appeals that has

18  jurisdiction over Florida, all persons sentenced to death for

19  a capital crime shall be executed by any constitutional method

20  of execution.

21         (4)  The provisions of the opinion and all points of

22  law decided by the United States Supreme Court in Malloy v.

23  South Carolina, 237 U.S. 180 (1915), finding that the Ex Post

24  Facto Clause of the United States Constitution is not violated

25  by a legislatively enacted change in the method of execution

26  for a sentence of death validly imposed for previously

27  committed capital murders, are adopted by the Legislature as

28  the law of this state.

29         (5)  A change in the method of execution does not

30  increase the punishment or modify the penalty of death for

31  capital murder. Any legislative change to the method of

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1986
    33-1359-00




  1  execution for the crime of capital murder does not violate s.

  2  10, Art. I or s. 9, Art. X of the State Constitution.

  3         (6)  Notwithstanding any law to the contrary, a person

  4  authorized by state law to prescribe medication and designated

  5  by the Department of Corrections may prescribe the drug or

  6  drugs necessary to compound a lethal injection.

  7  Notwithstanding any law to the contrary, a person authorized

  8  by state law to prepare, compound, or dispense medication and

  9  designated by the Department of Corrections may prepare,

10  compound, or dispense a lethal injection. Notwithstanding

11  chapter 401, chapter 458, chapter 459, chapter 464, chapter

12  465, or any other law to the contrary, for purposes of this

13  section, prescription, preparation, compounding, dispensing,

14  and administration of a lethal injection does not constitute

15  the practice of medicine, nursing, or pharmacy.

16         (7)  The policies and procedures of the Department of

17  Corrections for execution of persons sentenced to death shall

18  be exempt from chapter 120. This subsection may not be

19  construed to permit blocking media access.

20         (8)  Notwithstanding s. 775.082(2), s. 775.15(1)(a), or

21  s. 790.161(4), or any other provision to the contrary, no

22  sentence of death shall be reduced as a result of a

23  determination that a method of execution is declared

24  unconstitutional under the State Constitution or the

25  Constitution of the United States.  In any case in which an

26  execution method is declared unconstitutional, the death

27  sentence shall remain in force until the sentence can be

28  lawfully executed by any valid method of execution.

29         (9)  Nothing contained in this chapter is intended to

30  require any physician, nurse, pharmacist, or employee of the

31  Department of Corrections or any other person to assist in any

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1986
    33-1359-00




  1  aspect of an execution which is contrary to the person's moral

  2  or ethical beliefs.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Provides that provisions exempting from the
      Administrative Procedure Act policies and procedures of
  9    the Department of Corrections for execution of persons
      sentenced to death may not be construed to permit
10    blocking media access.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4