Florida Senate - 2011 SB 1066 By Senator Altman 24-01147A-11 20111066__ 1 A bill to be entitled 2 An act relating to sentencing in capital felonies; 3 amending ss. 921.141 and 921.142, F.S.; requiring 4 that, after a specified date, an advisory sentence of 5 death be made by a unanimous recommendation of the 6 jury following a defendant’s conviction or 7 adjudication of guilt for a capital felony or capital 8 drug trafficking felony; requiring that the court 9 enter a sentence notwithstanding the unanimous 10 recommendation of the jury; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsections (2) and (3) of section 921.141, 16 Florida Statutes, are amended to read: 17 921.141 Sentence of death or life imprisonment for capital 18 felonies; further proceedings to determine sentence.— 19 (2) ADVISORY SENTENCE BY THE JURY.—After hearing all the 20 evidence, the jury shall deliberate and render an advisory 21 sentence to the court, based upon the following matters: 22 (a) Whether sufficient aggravating circumstances exist as 23 enumerated in subsection (5); 24 (b) Whether sufficient mitigating circumstances exist which 25 outweigh the aggravating circumstances found to exist; and 26 (c) Based on these considerations, whether the defendant 27 should be sentenced to life imprisonment or death. 28 29 Effective for an offense committed on or after October 1, 2011, 30 an advisory sentence of death must be made by a unanimous 31 recommendation of the jury. 32 (3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH. 33 Notwithstanding the recommendation ofa majority ofthe jury, 34 the court, after weighing the aggravating and mitigating 35 circumstances, shall enter a sentence of life imprisonment or 36 death, but if the court imposes a sentence of death, it shall 37 set forth in writing its findings upon which the sentence of 38 death is based as to the facts: 39 (a) That sufficient aggravating circumstances exist as 40 enumerated in subsection (5), and 41 (b) That there are insufficient mitigating circumstances to 42 outweigh the aggravating circumstances. 43 44 In each case in which the court imposes the death sentence, the 45 determination of the court shall be supported by specific 46 written findings of fact based upon the circumstances in 47 subsections (5) and (6) and upon the records of the trial and 48 the sentencing proceedings. If the court does not make the 49 findings requiring the death sentence within 30 days after the 50 rendition of the judgment and sentence, the court shall impose 51 sentence of life imprisonment in accordance with s. 775.082. 52 Section 2. Subsections (3) and (4) of section 921.142, 53 Florida Statutes, are amended to read: 54 921.142 Sentence of death or life imprisonment for capital 55 drug trafficking felonies; further proceedings to determine 56 sentence.— 57 (3) ADVISORY SENTENCE BY THE JURY.—After hearing all the 58 evidence, the jury shall deliberate and render an advisory 59 sentence to the court, based upon the following matters: 60 (a) Whether sufficient aggravating circumstances exist as 61 enumerated in subsection (6); 62 (b) Whether sufficient mitigating circumstances exist which 63 outweigh the aggravating circumstances found to exist; and 64 (c) Based on these considerations, whether the defendant 65 should be sentenced to life imprisonment or death. 66 67 Effective for an offense committed on or after October 1, 2011, 68 an advisory sentence of death must be made by a unanimous 69 recommendation of the jury. 70 (4) FINDINGS IN SUPPORT OF SENTENCE OF DEATH. 71 Notwithstanding the recommendation ofa majority ofthe jury, 72 the court, after weighing the aggravating and mitigating 73 circumstances, shall enter a sentence of life imprisonment or 74 death, but if the court imposes a sentence of death, it shall 75 set forth in writing its findings upon which the sentence of 76 death is based as to the facts: 77 (a) That sufficient aggravating circumstances exist as 78 enumerated in subsection (6), and 79 (b) That there are insufficient mitigating circumstances to 80 outweigh the aggravating circumstances. 81 82 In each case in which the court imposes the death sentence, the 83 determination of the court shall be supported by specific 84 written findings of fact based upon the circumstances in 85 subsections (6) and (7) and upon the records of the trial and 86 the sentencing proceedings. If the court does not make the 87 findings requiring the death sentence within 30 days after the 88 rendition of the judgment and sentence, the court shall impose 89 sentence of life imprisonment in accordance with s. 775.082, and 90 that person shall be ineligible for parole. 91 Section 3. This act shall take effect October 1, 2011.