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 determine a unanimous jury
    6  determines that the defendant should be sentenced to death, the
    7  jury’s recommendation to the court must shall be a sentence of
    8  death. If fewer than 10 jurors a unanimous jury does not
    9  determine that the defendant should be sentenced to death, the
   10  jury’s recommendation to the court must shall be 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 determine a unanimous jury
   80  determines that the defendant should be sentenced to death, the
   81  jury’s recommendation to the court must shall be a sentence of
   82  death. If fewer than 10 jurors a unanimous jury does not
   83  determine that the defendant should be sentenced to death, the
   84  jury’s recommendation to the court must shall be 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