Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 450
       
       
       
       
       
       
                                Ì297178UÎ297178                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2023           .                                
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       The Committee on Criminal Justice (Ingoglia) recommended the
       following:
       
    1         Senate Amendment to Amendment (613564) (with title
    2  amendment)
    3  
    4         Delete lines 45 - 145
    5  and insert:
    6         2. Death, and if at least ten jurors recommend a sentence
    7  of death, the court must impose the recommended sentence of
    8  death. The court may impose a sentence of death only if the jury
    9  unanimously finds at least one aggravating factor beyond a
   10  reasonable doubt.
   11         3.Death, and either eight or nine jurors recommend a
   12  sentence of death, the court, after considering each aggravating
   13  factor found by the jury and all mitigating circumstances, may
   14  impose a sentence of life imprisonment without the possibility
   15  of parole or a sentence of death. The court may consider only an
   16  aggravating factor that was unanimously found to exist by the
   17  jury. The court may impose a sentence of death only if the jury
   18  unanimously finds at least one aggravating factor beyond a
   19  reasonable doubt.
   20         (b) If the defendant waived his or her right to a
   21  sentencing proceeding by a jury, the court, after considering
   22  all aggravating factors and mitigating circumstances, may impose
   23  a sentence of life imprisonment without the possibility of
   24  parole or a sentence of death. The court may impose a sentence
   25  of death only if the court finds that at least one aggravating
   26  factor has been proven to exist beyond a reasonable doubt.
   27         (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
   28  IMPRISONMENT OR DEATH.— In each case in which the court imposes
   29  a sentence of life imprisonment without the possibility of
   30  parole or death, the court shall, considering the records of the
   31  trial and the sentencing proceedings, enter a written order
   32  addressing the aggravating factors set forth in subsection (6)
   33  found to exist, the mitigating circumstances in subsection (7)
   34  reasonably established by the evidence, whether there are
   35  sufficient aggravating factors to warrant the death penalty, and
   36  whether the aggravating factors outweigh the mitigating
   37  circumstances reasonably established by the evidence. The court
   38  must include in its written order the reasons for not accepting
   39  the jury's recommended sentence, if applicable. If the court
   40  does not issue its order requiring the death sentence within 30
   41  days after the rendition of the judgment and sentence, the court
   42  shall impose a sentence of life imprisonment without the
   43  possibility of parole in accordance with s. 775.082.
   44         Section 2. Subsections (3), (4), and (5) of section
   45  921.142, Florida Statutes, are amended to read:
   46         921.142 Sentence of death or life imprisonment for capital
   47  drug trafficking felonies; further proceedings to determine
   48  sentence.—
   49         (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
   50  subsection applies only if the defendant has not waived his or
   51  her right to a sentencing proceeding by a jury.
   52         (a) After hearing all of the evidence presented regarding
   53  aggravating factors and mitigating circumstances, the jury shall
   54  deliberate and determine if the state has proven, beyond a
   55  reasonable doubt, the existence of at least one aggravating
   56  factor set forth in subsection (7).
   57         (b) The jury shall return findings identifying each
   58  aggravating factor found to exist. A finding that an aggravating
   59  factor exists must be unanimous. If the jury:
   60         1. Does not unanimously find at least one aggravating
   61  factor, the defendant is ineligible for a sentence of death.
   62         2. Unanimously finds at least one aggravating factor, the
   63  defendant is eligible for a sentence of death and the jury shall
   64  make a recommendation to the court as to whether the defendant
   65  shall be sentenced to life imprisonment without the possibility
   66  of parole or to death. The recommendation shall be based on a
   67  weighing of all of the following:
   68         a. Whether sufficient aggravating factors exist.
   69         b. Whether aggravating factors exist which outweigh the
   70  mitigating circumstances found to exist.
   71         c. Based on the considerations in sub-subparagraphs a. and
   72  b., whether the defendant should be sentenced to life
   73  imprisonment without the possibility of parole or to death.
   74         (c) If at least eight jurors determine a unanimous jury
   75  determines that the defendant should be sentenced to death, the
   76  jury’s recommendation to the court must shall be a sentence of
   77  death. If fewer than eight jurors a unanimous jury does not
   78  determine that the defendant should be sentenced to death, the
   79  jury’s recommendation to the court must shall be a sentence of
   80  life imprisonment without the possibility of parole.
   81         (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
   82         (a) If the jury has recommended a sentence of:
   83         1. Life imprisonment without the possibility of parole, the
   84  court shall impose the recommended sentence of life.
   85         2. Death, and if at least ten jurors recommend a sentence
   86  of death, the court must impose the recommended sentence of
   87  death. The court may impose a sentence of death only if the jury
   88  unanimously finds at least one aggravating factor beyond a
   89  reasonable doubt.
   90         3.Death, and either eight or nine jurors recommend a
   91  sentence of death, the court, after considering each aggravating
   92  factor found by the jury and all mitigating circumstances, may
   93  impose a sentence of life imprisonment without the possibility
   94  of parole or a sentence of death. The court may consider only an
   95  aggravating factor that was unanimously found to exist by the
   96  jury. The court may impose a sentence of death only if the jury
   97  unanimously finds at least one aggravating factor beyond a
   98  reasonable doubt.
   99         (b) If the defendant waived his or her right to a
  100  sentencing proceeding by a jury, the court, after considering
  101  all aggravating factors and mitigating circumstances, may impose
  102  a sentence of life imprisonment without the possibility of
  103  parole or a sentence of death. The court may impose a sentence
  104  of death only if the court finds at least one aggravating factor
  105  has been proven to exist beyond a reasonable doubt.
  106         (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
  107  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
  108  sentence of life imprisonment without the possibility of parole
  109  or death sentence, the court shall, considering the records of
  110  the trial and the sentencing proceedings, enter a written order
  111  addressing the aggravating factors set forth in subsection (7)
  112  found to exist, the mitigating circumstances in subsection (8)
  113  reasonably established by the evidence, whether there are
  114  sufficient aggravating factors to warrant the death penalty, and
  115  whether the aggravating factors outweigh the mitigating
  116  circumstances reasonably established by the evidence. The court
  117  must include in its written order the reasons for not accepting
  118  the jury's recommended sentence, if applicable. If the court
  119  does not
  120  
  121  ================= T I T L E  A M E N D M E N T ================
  122  And the title is amended as follows:
  123         Delete lines 167 - 168
  124  and insert:
  125         recommended sentence of death if a certain number of
  126         jurors recommend a sentence of death; permitting the
  127         court to impose a sentence of life imprisonment
  128         without the possibility of parole or a sentence of
  129         death if a certain number of jurors recommend a
  130         sentence of death; requiring the court to enter a
  131         written order with findings upon imposition of
  132         sentence; specifying that the