HB 325

1	A bill to be entitled
2	An act relating to execution of death sentences;
3	amending s. 922.10, F.S.; providing that a death
4	sentence shall be executed by electrocution or firing
5	squad, rather than lethal injection; providing for
6	designation of the number and members of a firing
7	squad by the warden; providing that each firing squad
8	member shall be considered an executioner; amending s.
9	922.105, F.S.; conforming provisions to changes made
10	to the method of execution; providing for an election
11	of execution method for persons subject to a mandate
12	pursuant to a decision by the Florida Supreme Court
13	affirming the sentence of death on or within a
14	specified period after the effective date of the act;
15	amending s. 945.10, F.S.; conforming provisions to
16	changes made to the method of execution; providing
17	applicability; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 922.10, Florida Statutes, is amended to
22	read:
23	922.10  Execution of death sentence; executioner.-A death
24	sentence shall be executed by electrocution or firing squad
25	lethal injection in accordance with s. 922.105. The warden of
26	the state prison shall, in the case of electrocution, designate
27	the executioner or, in the case of a firing squad, shall
28	designate the number and members thereof, each of whom shall be
29	considered an executioner. The warrant authorizing the execution
30	shall be read to the convicted person immediately before
31	execution.
32	Section 2.  Section 922.105, Florida Statutes, is amended
33	to read:
34	922.105  Execution of death sentence; prohibition against
35	reduction of death sentence as a result of determination that a
36	method of execution is unconstitutional.-
37	(1)  A death sentence shall be executed by electrocution
38	lethal injection, unless the person sentenced to death
39	affirmatively elects to be executed by firing squad
40	electrocution. The sentence shall be executed under the
41	direction of the Secretary of Corrections or the secretary's
42	designee.
43	(2)  A person convicted and sentenced to death for a
44	capital crime at any time shall have one opportunity to elect
45	that his or her death sentence be executed by firing squad
46	electrocution. The election for death by firing squad
47	electrocution is waived unless it is personally made by the
48	person in writing and delivered to the warden of the
49	correctional facility within 30 days after the issuance of
50	mandate pursuant to a decision by the Florida Supreme Court
51	affirming the sentence of death or, if mandate issued before the
52	effective date of this act, the election must be made and
53	delivered to the warden within 30 days after the effective date
54	of this act. If a warrant of execution is pending on the
55	effective date of this act, or if a warrant is issued within 30
56	days after the effective date of this act, the person sentenced
57	to death who is the subject of the warrant shall have waived
58	election of electrocution as the method of execution unless a
59	written election signed by the person is submitted to the warden
60	of the correctional facility no later than 48 hours after a new
61	date for execution of the death sentence is set by the Governor
62	under s. 922.06.
63	(3)  If electrocution or firing squad lethal injection is
64	held to be unconstitutional by the Florida Supreme Court under
65	the State Constitution, or held to be unconstitutional by the
66	United States Supreme Court under the United States
67	Constitution, or if the United States Supreme Court declines to
68	review any judgment holding a method of execution to be
69	unconstitutional under the United States Constitution made by
70	the Florida Supreme Court or the United States Court of Appeals
71	that has jurisdiction over Florida, all persons sentenced to
72	death for a capital crime shall be executed by any
73	constitutional method of execution.
74	(4)  The provisions of the opinion and all points of law
75	decided by the United States Supreme Court in Malloy v. South
76	Carolina, 237 U.S. 180 (1915), finding that the Ex Post Facto
77	Clause of the United States Constitution is not violated by a
78	legislatively enacted change in the method of execution for a
79	sentence of death validly imposed for previously committed
80	capital murders, are adopted by the Legislature as the law of
81	this state.
82	(5)  A change in the method of execution does not increase
83	the punishment or modify the penalty of death for capital
84	murder. Any legislative change to the method of execution for
85	the crime of capital murder does not violate s. 10, Art. I or s.
86	9, Art. X of the State Constitution.
87	(6)  Notwithstanding any law to the contrary, a person
88	authorized by state law to prescribe medication and designated
89	by the Department of Corrections may prescribe the drug or drugs
90	necessary to compound a lethal injection. Notwithstanding any
91	law to the contrary, a person authorized by state law to
92	prepare, compound, or dispense medication and designated by the
93	Department of Corrections may prepare, compound, or dispense a
94	lethal injection. Notwithstanding chapter 401, chapter 458,
95	chapter 459, chapter 464, chapter 465, or any other law to the
96	contrary, for purposes of this section, prescription,
97	preparation, compounding, dispensing, and administration of a
98	lethal injection does not constitute the practice of medicine,
99	nursing, or pharmacy.
100	(6)(7)  The policies and procedures of the Department of
101	Corrections for execution of persons sentenced to death shall be
102	exempt from chapter 120.
103	(7)(8)  Notwithstanding s. 775.082(2), s. 775.15(1), or s.
104	790.161(4), or any other provision to the contrary, no sentence
105	of death shall be reduced as a result of a determination that a
106	method of execution is declared unconstitutional under the State
107	Constitution or the Constitution of the United States. In any
108	case in which an execution method is declared unconstitutional,
109	the death sentence shall remain in force until the sentence can
110	be lawfully executed by any valid method of execution.
111	(8)(9)  Nothing contained in this chapter is intended to
112	require any physician, nurse, pharmacist, or employee of the
113	Department of Corrections or any other person to assist in any
114	aspect of an execution which is contrary to the person's moral
115	or ethical beliefs.
116	Section 3.  If a mandate was issued pursuant to a decision
117	by the Florida Supreme Court affirming a sentence of death
118	before the effective date of this act, an election for death by
119	firing squad must be made and delivered to the warden within 30
120	days after the effective date of this act. If a warrant of
121	execution is pending on the effective date of this act, or if a
122	warrant is issued within 30 days after the effective date of
123	this act, the person sentenced to death who is the subject of
124	the warrant shall have waived election of firing squad as the
125	method of execution unless a written election signed by the
126	person is submitted to the warden of the correctional facility
127	no later than 48 hours after a new date for execution of the
128	death sentence is set by the Governor under s. 922.06, Florida
129	Statutes.
130	Section 4.  Paragraph (g) of subsection (1) of section
131	945.10, Florida Statutes, is amended to read:
132	945.10  Confidential information.-
133	(1)  Except as otherwise provided by law or in this
134	section, the following records and information held by the
135	Department of Corrections are confidential and exempt from the
136	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
137	Constitution:
138	(g)  Information which identifies an executioner, or any
139	person prescribing, preparing, compounding, dispensing, or
140	administering a lethal injection.
141	Section 5.  The amendments to s. 945.10, Florida Statutes,
142	by this act apply prospectively only and do not make any
143	material that was confidential and exempt from the provisions of
144	s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the
145	State Constitution prior to the effective date of this act
146	subject to those provisions.
147	Section 6.  This act shall take effect July 1, 2012.

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