ENROLLED
       2023 Legislature                            CS for CS for SB 450
       
       
       
       
       
       
                                                              2023450er
    1  
    2         An act relating to the death penalty; amending ss.
    3         921.141 and 921.142, F.S.; requiring a determination
    4         of a specified number of jurors, rather than jury
    5         unanimity, for a sentencing recommendation of death to
    6         the court; requiring a determination of a specified
    7         number of jurors, rather than jury unanimity, for a
    8         sentencing recommendation of life imprisonment without
    9         the possibility of parole to the court; requiring the
   10         court to impose the recommended sentence of life
   11         imprisonment without the possibility of parole if
   12         fewer than eight jurors recommend a sentence of death;
   13         authorizing the court to impose a sentence of life
   14         imprisonment without the possibility of parole or a
   15         sentence of death if at least eight jurors recommend a
   16         sentence of death; specifying that the court may
   17         impose a sentence of death only if the jury
   18         unanimously finds at least one aggravating factor
   19         beyond a reasonable doubt; requiring the court to
   20         include in its written order the reasons for not
   21         accepting the jury’s recommended sentence, if
   22         applicable; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsections (2), (3), and (4) of section
   27  921.141, Florida Statutes, are amended to read:
   28         921.141 Sentence of death or life imprisonment for capital
   29  felonies; further proceedings to determine sentence.—
   30         (2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
   31  subsection applies only if the defendant has not waived his or
   32  her right to a sentencing proceeding by a jury.
   33         (a) After hearing all of the evidence presented regarding
   34  aggravating factors and mitigating circumstances, the jury shall
   35  deliberate and determine if the state has proven, beyond a
   36  reasonable doubt, the existence of at least one aggravating
   37  factor set forth in subsection (6).
   38         (b) The jury shall return findings identifying each
   39  aggravating factor found to exist. A finding that an aggravating
   40  factor exists must be unanimous. If the jury:
   41         1. Does not unanimously find at least one aggravating
   42  factor, the defendant is ineligible for a sentence of death.
   43         2. Unanimously finds at least one aggravating factor, the
   44  defendant is eligible for a sentence of death and the jury shall
   45  make a recommendation to the court as to whether the defendant
   46  shall be sentenced to life imprisonment without the possibility
   47  of parole or to death. The recommendation shall be based on a
   48  weighing of all of the following:
   49         a. Whether sufficient aggravating factors exist.
   50         b. Whether aggravating factors exist which outweigh the
   51  mitigating circumstances found to exist.
   52         c. Based on the considerations in sub-subparagraphs a. and
   53  b., whether the defendant should be sentenced to life
   54  imprisonment without the possibility of parole or to death.
   55         (c) If at least eight jurors determine a unanimous jury
   56  determines that the defendant should be sentenced to death, the
   57  jury’s recommendation to the court must shall be a sentence of
   58  death. If fewer than eight jurors a unanimous jury does not
   59  determine that the defendant should be sentenced to death, the
   60  jury’s recommendation to the court must shall be a sentence of
   61  life imprisonment without the possibility of parole.
   62         (3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
   63         (a) If the jury has recommended a sentence of:
   64         1. Life imprisonment without the possibility of parole, the
   65  court shall impose the recommended sentence of life.
   66         2. Death, and at least eight jurors recommend a sentence of
   67  death, the court, after considering each aggravating factor
   68  found by the jury and all mitigating circumstances, may impose a
   69  sentence of life imprisonment without the possibility of parole
   70  or a sentence of death. The court may consider only an
   71  aggravating factor that was unanimously found to exist by the
   72  jury. The court may impose a sentence of death only if the jury
   73  unanimously finds at least one aggravating factor beyond a
   74  reasonable doubt.
   75         (b) If the defendant waived his or her right to a
   76  sentencing proceeding by a jury, the court, after considering
   77  all aggravating factors and mitigating circumstances, may impose
   78  a sentence of life imprisonment without the possibility of
   79  parole or a sentence of death. The court may impose a sentence
   80  of death only if the court finds that at least one aggravating
   81  factor has been proven to exist beyond a reasonable doubt.
   82         (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
   83  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
   84  sentence of life imprisonment without the possibility of parole
   85  or death, the court shall, considering the records of the trial
   86  and the sentencing proceedings, enter a written order addressing
   87  the aggravating factors set forth in subsection (6) found to
   88  exist, the mitigating circumstances in subsection (7) reasonably
   89  established by the evidence, whether there are sufficient
   90  aggravating factors to warrant the death penalty, and whether
   91  the aggravating factors outweigh the mitigating circumstances
   92  reasonably established by the evidence. The court must include
   93  in its written order the reasons for not accepting the jury’s
   94  recommended sentence, if applicable. If the court does not issue
   95  its order requiring the death sentence within 30 days after the
   96  rendition of the judgment and sentence, the court shall impose a
   97  sentence of life imprisonment without the possibility of parole
   98  in accordance with s. 775.082.
   99         Section 2. Subsections (3), (4), and (5) of section
  100  921.142, Florida Statutes, are amended to read:
  101         921.142 Sentence of death or life imprisonment for capital
  102  drug trafficking felonies; further proceedings to determine
  103  sentence.—
  104         (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
  105  subsection applies only if the defendant has not waived his or
  106  her right to a sentencing proceeding by a jury.
  107         (a) After hearing all of the evidence presented regarding
  108  aggravating factors and mitigating circumstances, the jury shall
  109  deliberate and determine if the state has proven, beyond a
  110  reasonable doubt, the existence of at least one aggravating
  111  factor set forth in subsection (7).
  112         (b) The jury shall return findings identifying each
  113  aggravating factor found to exist. A finding that an aggravating
  114  factor exists must be unanimous. If the jury:
  115         1. Does not unanimously find at least one aggravating
  116  factor, the defendant is ineligible for a sentence of death.
  117         2. Unanimously finds at least one aggravating factor, the
  118  defendant is eligible for a sentence of death and the jury shall
  119  make a recommendation to the court as to whether the defendant
  120  shall be sentenced to life imprisonment without the possibility
  121  of parole or to death. The recommendation shall be based on a
  122  weighing of all of the following:
  123         a. Whether sufficient aggravating factors exist.
  124         b. Whether aggravating factors exist which outweigh the
  125  mitigating circumstances found to exist.
  126         c. Based on the considerations in sub-subparagraphs a. and
  127  b., whether the defendant should be sentenced to life
  128  imprisonment without the possibility of parole or to death.
  129         (c) If at least eight jurors determine a unanimous jury
  130  determines that the defendant should be sentenced to death, the
  131  jury’s recommendation to the court must shall be a sentence of
  132  death. If fewer than eight jurors a unanimous jury does not
  133  determine that the defendant should be sentenced to death, the
  134  jury’s recommendation to the court must shall be a sentence of
  135  life imprisonment without the possibility of parole.
  136         (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
  137         (a) If the jury has recommended a sentence of:
  138         1. Life imprisonment without the possibility of parole, the
  139  court shall impose the recommended sentence of life.
  140         2. Death, and at least eight jurors recommend a sentence of
  141  death, the court, after considering each aggravating factor
  142  found by the jury and all mitigating circumstances, may impose a
  143  sentence of life imprisonment without the possibility of parole
  144  or a sentence of death. The court may consider only an
  145  aggravating factor that was unanimously found to exist by the
  146  jury. The court may impose a sentence of death only if the jury
  147  unanimously finds at least one aggravating factor beyond a
  148  reasonable doubt.
  149         (b) If the defendant waived his or her right to a
  150  sentencing proceeding by a jury, the court, after considering
  151  all aggravating factors and mitigating circumstances, may impose
  152  a sentence of life imprisonment without the possibility of
  153  parole or a sentence of death. The court may impose a sentence
  154  of death only if the court finds at least one aggravating factor
  155  has been proven to exist beyond a reasonable doubt.
  156         (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
  157  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
  158  sentence of life imprisonment without the possibility of parole
  159  or death sentence, the court shall, considering the records of
  160  the trial and the sentencing proceedings, enter a written order
  161  addressing the aggravating factors set forth in subsection (7)
  162  found to exist, the mitigating circumstances in subsection (8)
  163  reasonably established by the evidence, whether there are
  164  sufficient aggravating factors to warrant the death penalty, and
  165  whether the aggravating factors outweigh the mitigating
  166  circumstances reasonably established by the evidence. The court
  167  must include in its written order the reasons for not accepting
  168  the jury’s recommended sentence, if applicable. If the court
  169  does not issue its order requiring the death sentence within 30
  170  days after the rendition of the judgment and sentence, the court
  171  shall impose a sentence of life imprisonment without the
  172  possibility of parole in accordance with s. 775.082.
  173         Section 3. This act shall take effect upon becoming a law.