Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1342
       
       
       
       
       
       
                                Ì667084<Î667084                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Criminal Justice (Martin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 131 - 182
    4  and insert:
    5  reasonable doubt, the existence of at least two aggravating
    6  factors set forth in subsection (7).
    7         (b) The jury must return findings identifying each
    8  aggravating factor found to exist. A finding that two
    9  aggravating factors exists must be unanimous. If the jury:
   10         1. Does not unanimously find at least two aggravating
   11  factors, the defendant is ineligible for a sentence of death.
   12         2. Unanimously finds at least two aggravating factors, the
   13  defendant is eligible for a sentence of death and the jury must
   14  make a recommendation to the court as to whether the defendant
   15  must be sentenced to life imprisonment without the possibility
   16  of parole or to death. The recommendation must be based on a
   17  weighing of all of the following:
   18         a. Whether sufficient aggravating factors exist.
   19         b. Whether aggravating factors exist which outweigh the
   20  mitigating circumstances found to exist.
   21         c. Based on the considerations in sub-subparagraphs a. and
   22  b., whether the defendant should be sentenced to life
   23  imprisonment without the possibility of parole or to death.
   24         (c) If at least eight jurors determine that the defendant
   25  should be sentenced to death, the jury's recommendation to the
   26  court must be a sentence of death. If fewer than eight jurors
   27  determine that the defendant should be sentenced to death, the
   28  jury's recommendation to the court must be a sentence of life
   29  imprisonment without the possibility of parole.
   30         (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
   31         (a) If the jury has recommended a sentence of:
   32         1. Life imprisonment without the possibility of parole, the
   33  court must impose the recommended sentence of life imprisonment
   34  without the possibility of parole.
   35         2. Death, the court, after considering each aggravating
   36  factor found by the jury and all mitigating circumstances, may
   37  impose a sentence of life imprisonment without the possibility
   38  of parole or a sentence of death. The court may consider only an
   39  aggravating factor that was unanimously found to exist by the
   40  jury. The court may impose a sentence of death only if the jury
   41  unanimously finds at least two aggravating factors beyond a
   42  reasonable doubt.
   43         (b) If the defendant waives his or her right to a
   44  sentencing proceeding by a jury, the court, after considering
   45  all aggravating factors and mitigating circumstances, may impose
   46  a sentence of life imprisonment without the possibility of
   47  parole or a sentence of death. The court may impose a sentence
   48  of death only if the court finds that at least two aggravating
   49  factors have been proven to exist beyond a reasonable doubt.
   50         (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
   51  IMPRISONMENT OR DEATH.— In each case in which the court imposes
   52  a sentence of life imprisonment without the possibility of
   53  parole or death, the court must, considering the records of the
   54  trial and the sentencing proceedings, enter a written order
   55  addressing the aggravating factors set forth in subsection (7)
   56  found to exist, the mitigating circumstances in subsection (8)
   57  reasonably established by the evidence, whether there are
   58  sufficient aggravating factors to warrant the death penalty, and
   59  whether the aggravating factors outweigh the mitigating
   60  circumstances reasonably established by the evidence. The court
   61  must include in its written order the reasons for not accepting
   62  the jury's recommended sentence, if applicable. If the
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 27 - 33
   67  and insert:
   68         the court to impose the jury's recommended sentence if
   69         the recommendation is for a sentence of life
   70         imprisonment without the possibility of parole; giving
   71         the court discretion to impose a sentence of life
   72         imprisonment without the possibility of parole or a
   73         sentence of death if the recommended sentence is for
   74         death; requiring unanimity on at least two aggravating
   75         factors beyond a reasonable doubt for a court to
   76         impose a sentence of death; requiring a court to enter
   77         a written order