Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for CS for SB 450 Ì349120pÎ349120 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/2R . 03/29/2023 07:01 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Powell moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 55 - 140 4 and insert: 5 (c) If at least 10 jurors determinea unanimous jury6determinesthat the defendant should be sentenced to death, the 7 jury’s recommendation to the court mustshallbe a sentence of 8 death. If fewer than 10 jurorsa unanimous jury does not9 determine that the defendant should be sentenced to death, the 10 jury’s recommendation to the court mustshallbe a sentence of 11 life imprisonment without the possibility of parole. 12 (3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.— 13 (a) If the jury has recommended a sentence of: 14 1. Life imprisonment without the possibility of parole, the 15 court shall impose the recommended sentence of life. 16 2. Death, and at least 10 jurors recommend a sentence of 17 death, the court, after considering each aggravating factor 18 found by the jury and all mitigating circumstances, may impose a 19 sentence of life imprisonment without the possibility of parole 20 or a sentence of death. The court may consider only an 21 aggravating factor that was unanimously found to exist by the 22 jury. The court may impose a sentence of death only if the jury 23 unanimously finds at least one aggravating factor beyond a 24 reasonable doubt. 25 (b) If the defendant waived his or her right to a 26 sentencing proceeding by a jury, the court, after considering 27 all aggravating factors and mitigating circumstances, may impose 28 a sentence of life imprisonment without the possibility of 29 parole or a sentence of death. The court may impose a sentence 30 of death only if the court finds that at least one aggravating 31 factor has been proven to exist beyond a reasonable doubt. 32 (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 33 IMPRISONMENT OR DEATH.—In each case in which the court imposes a 34 sentence of life imprisonment without the possibility of parole 35 or death, the court shall, considering the records of the trial 36 and the sentencing proceedings, enter a written order addressing 37 the aggravating factors set forth in subsection (6) found to 38 exist, the mitigating circumstances in subsection (7) reasonably 39 established by the evidence, whether there are sufficient 40 aggravating factors to warrant the death penalty, and whether 41 the aggravating factors outweigh the mitigating circumstances 42 reasonably established by the evidence. The court must include 43 in its written order the reasons for not accepting the jury’s 44 recommended sentence, if applicable. If the court does not issue 45 its order requiring the death sentence within 30 days after the 46 rendition of the judgment and sentence, the court shall impose a 47 sentence of life imprisonment without the possibility of parole 48 in accordance with s. 775.082. 49 Section 2. Subsections (3), (4), and (5) of section 50 921.142, Florida Statutes, are amended to read: 51 921.142 Sentence of death or life imprisonment for capital 52 drug trafficking felonies; further proceedings to determine 53 sentence.— 54 (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This 55 subsection applies only if the defendant has not waived his or 56 her right to a sentencing proceeding by a jury. 57 (a) After hearing all of the evidence presented regarding 58 aggravating factors and mitigating circumstances, the jury shall 59 deliberate and determine if the state has proven, beyond a 60 reasonable doubt, the existence of at least one aggravating 61 factor set forth in subsection (7). 62 (b) The jury shall return findings identifying each 63 aggravating factor found to exist. A finding that an aggravating 64 factor exists must be unanimous. If the jury: 65 1. Does not unanimously find at least one aggravating 66 factor, the defendant is ineligible for a sentence of death. 67 2. Unanimously finds at least one aggravating factor, the 68 defendant is eligible for a sentence of death and the jury shall 69 make a recommendation to the court as to whether the defendant 70 shall be sentenced to life imprisonment without the possibility 71 of parole or to death. The recommendation shall be based on a 72 weighing of all of the following: 73 a. Whether sufficient aggravating factors exist. 74 b. Whether aggravating factors exist which outweigh the 75 mitigating circumstances found to exist. 76 c. Based on the considerations in sub-subparagraphs a. and 77 b., whether the defendant should be sentenced to life 78 imprisonment without the possibility of parole or to death. 79 (c) If at least 10 jurors determinea unanimous jury80determinesthat the defendant should be sentenced to death, the 81 jury’s recommendation to the court mustshallbe a sentence of 82 death. If fewer than 10 jurorsa unanimous jury does not83 determine that the defendant should be sentenced to death, the 84 jury’s recommendation to the court mustshallbe a sentence of 85 life imprisonment without the possibility of parole. 86 (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.— 87 (a) If the jury has recommended a sentence of: 88 1. Life imprisonment without the possibility of parole, the 89 court shall impose the recommended sentence of life. 90 2. Death, and at least 10 jurors recommend a sentence of 91 92 ================= T I T L E A M E N D M E N T ================ 93 And the title is amended as follows: 94 Delete lines 12 - 15 95 and insert: 96 fewer than 10 jurors recommend a sentence of death; 97 authorizing the court to impose a sentence of life 98 imprisonment without the possibility of parole or a 99 sentence of death if at least 10 jurors recommend a