HB 555 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to jury recommendations in death 2
penalty cases; amending ss. 921.141 and 921.142, F.S.; 3
providing for jury recommendations concerning death 4
sentences, rather than jury determinations of 5
sentences; specifying that a jury recommends a death 6
sentence if at least eight jurors recommend a death 7
sentence; specifying that a jury recommends a sentence 8
of life imprisonment without the possibility of pa role 9
if fewer than eight jurors recommend a death sentence; 10
requiring the sentencing court to set forth in writing 11
specified findings if it imposes a death sentence; 12
providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida : 15
16
Section 1. Subsections (1), (2), and (3) of section 17
921.141, Florida Statutes, are amended to read: 18
921.141 Sentence of death or life imprisonment for capital 19
felonies; further proceedings to determine sentence. — 20
(1) SEPARATE PROCEEDINGS ON ISSU E OF PENALTY.—Upon 21
conviction or adjudication of guilt of a defendant of a capital 22
felony, the court shall conduct a separate sentencing proceeding 23
to determine whether the defendant should be sentenced to death 24
or life imprisonment as authorized by s. 775 .082. The proceeding 25
HB 555 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall be conducted by the trial judge before the trial jury as 26
soon as practicable, if the defendant has not waived his or her 27
right to a sentencing recommendation by a jury . If, through 28
impossibility or inability, the trial jury is un able to 29
reconvene for a hearing on the issue of penalty, having 30
determined the guilt of the accused, the trial judge may summon 31
a special juror or jurors as provided in chapter 913 to make a 32
recommendation as to determine the issue of the imposition of 33
the penalty. If the trial jury has been waived, or if the 34
defendant pleaded guilty, the sentencing proceeding shall be 35
conducted before a jury impaneled for that purpose, unless 36
waived by the defendant. In the proceeding, evidence may be 37
presented as to any m atter that the court deems relevant to the 38
nature of the crime and the character of the defendant and shall 39
include matters relating to any of the aggravating factors 40
enumerated in subsection (6) and for which notice has been 41
provided pursuant to s. 782.04 (1)(b) or mitigating circumstances 42
enumerated in subsection (7). Any such evidence that the court 43
deems to have probative value may be received, regardless of its 44
admissibility under the exclusionary rules of evidence, provided 45
the defendant is accorded a fair opportunity to rebut any 46
hearsay statements. However, this subsection shall not be 47
construed to authorize the introduction of any evidence secured 48
in violation of the Constitution of the United States or the 49
Constitution of the State of Florida. The s tate and the 50
HB 555 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
defendant or the defendant's counsel shall be permitted to 51
present argument for or against sentence of death. 52
(2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. — 53
(a) This subsection applies only if the defendant has not 54
waived his or her right to a sentencing recommendation 55
proceeding by a jury. 56
(b) After hearing all the evidence, the jury shall 57
deliberate and render an advisory sentence to the court, based 58
upon the following matters: 59
1. Whether sufficient aggravating factors exist as 60
enumerated in subsection (6). A finding that an aggravating 61
factor exists must be unanimous. 62
2. Whether sufficient mitigating circumstances exist which 63
outweigh the aggravating factors found to exist. 64
3. Based on these considerations, whether the defend ant 65
should be sentenced to life imprisonment or death. 66
(c) If at least eight jurors determine that the defendant 67
should be sentenced to death, the jury's recommendation to the 68
court shall be a sentence of death. If fewer than eight jurors 69
determine that the defendant should be sentenced to death, the 70
jury's recommendation to the court shall be a sentence of life 71
imprisonment without the possibility of parole. 72
(3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH. —73
Notwithstanding the recommendation of the jury, t he court, after 74
weighing the aggravating and mitigating circumstances, shall 75
HB 555 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enter a sentence of life imprisonment or death, but if the court 76
imposes a sentence of death, it shall set forth in writing its 77
findings upon which the sentence of death is based as to the 78
facts: 79
(a) That sufficient aggravating factors exist as 80
enumerated in subsection (6). 81
(b) That there are insufficient mitigating circumstances 82
to outweigh the aggravating factors. 83
(a) After hearing all of the evidence presented regarding 84
aggravating factors and mitigating circumstances, the jury shall 85
deliberate and determine if the state has proven, beyond a 86
reasonable doubt, the existence of at least one aggravating 87
factor set forth in subsection (6). 88
(b) The jury shall return findings identifying each 89
aggravating factor found to exist. A finding that an aggravating 90
factor exists must be unanimous. If the jury: 91
1. Does not unanimously find at least one aggravating 92
factor, the defendant is ineligible for a sentence of death. 93
2. Unanimously finds at least one aggravating factor, the 94
defendant is eligible for a sentence of death and the jury shall 95
make a recommendation to the court as to whether the defendant 96
shall be sentenced to life imprisonment without the possibility 97
of parole or to death. The recommendation shall be based on a 98
weighing of all of the following: 99
a. Whether sufficient aggravating factors exist. 100
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b. Whether aggravating factors exist which outweigh the 101
mitigating circumstances found to exist. 102
c. Based on the consid erations in sub-subparagraphs a. and 103
b., whether the defendant should be sentenced to life 104
imprisonment without the possibility of parole or to death. 105
(c) If a unanimous jury determines that the defendant 106
should be sentenced to death, the jury's recommen dation to the 107
court shall be a sentence of death. If a unanimous jury does not 108
determine that the defendant should be sentenced to death, the 109
jury's recommendation to the court shall be a sentence of life 110
imprisonment without the possibility of parole. 111
(3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 112
(a) If the jury has recommended a sentence of: 113
1. Life imprisonment without the possibility of parole, 114
the court shall impose the recommended sentence. 115
2. Death, the court, after considering e ach aggravating 116
factor found by the jury and all mitigating circumstances, may 117
impose a sentence of life imprisonment without the possibility 118
of parole or a sentence of death. The court may consider only an 119
aggravating factor that was unanimously found to exist by the 120
jury. 121
(b) If the defendant waived his or her right to a 122
sentencing proceeding by a jury, the court, after considering 123
all aggravating factors and mitigating circumstances, may impose 124
a sentence of life imprisonment without the possibility of 125
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parole or a sentence of death. The court may impose a sentence 126
of death only if the court finds that at least one aggravating 127
factor has been proven to exist beyond a reasonable doubt. 128
Section 2. Subsections (2), (3), and (4) of section 129
921.142, Florida Statutes, are amended to read: 130
921.142 Sentence of death or life imprisonment for capital 131
drug trafficking felonies; further proceedings to determine 132
sentence.— 133
(2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY. —Upon 134
conviction or adjudication of guilt o f a defendant of a capital 135
felony under s. 893.135, the court shall conduct a separate 136
sentencing proceeding to determine whether the defendant should 137
be sentenced to death or life imprisonment as authorized by s. 138
775.082. The proceeding shall be conducted by the trial judge 139
before the trial jury as soon as practicable , if the defendant 140
has not waived his or her right to a sentencing recommendation 141
by a jury. If, through impossibility or inability, the trial 142
jury is unable to reconvene for a hearing on the issue of 143
penalty, having determined the guilt of the accused, the trial 144
judge may summon a special juror or jurors as provided in 145
chapter 913 to make a recommendation as to determine the issue 146
of the imposition of the penalty. If the trial jury has been 147
waived, or if the defendant pleaded guilty, the sentencing 148
proceeding shall be conducted before a jury impaneled for that 149
purpose, unless waived by the defendant. In the proceeding, 150
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evidence may be presented as to any matter that the court deems 151
relevant to the nature of the crime and the character of the 152
defendant and shall include matters relating to any of the 153
aggravating factors enumerated in subsection (7) and for which 154
notice has been provided pursuant to s. 782.04(1)(b) or 155
mitigating circumstances enum erated in subsection (8). Any such 156
evidence that the court deems to have probative value may be 157
received, regardless of its admissibility under the exclusionary 158
rules of evidence, provided the defendant is accorded a fair 159
opportunity to rebut any hearsay s tatements. However, this 160
subsection shall not be construed to authorize the introduction 161
of any evidence secured in violation of the Constitution of the 162
United States or the Constitution of the State of Florida. The 163
state and the defendant or the defendant 's counsel shall be 164
permitted to present argument for or against sentence of death. 165
(3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. — 166
(a) This subsection applies only if the defendant has not 167
waived his or her right to a sentencing recommendation 168
proceeding by a jury. 169
(b) After hearing all the evidence, the jury shall 170
deliberate and render an advisory sentence to the court, based 171
upon the following matters: 172
1. Whether sufficient aggravating factors exist as 173
enumerated in subsection (7). A finding that an aggravating 174
factor exists must be unanimous. 175
HB 555 2023
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2. Whether sufficient mitigating circumstances exist which 176
outweigh the aggravating factors found to exist. 177
3. Based on these considerations, whether the defendant 178
should be sentenced to life impriso nment or death. 179
(c) If at least eight jurors determine that the defendant 180
should be sentenced to death, the jury's recommendation to the 181
court shall be a sentence of death. If fewer than eight jurors 182
determine that the defendant should be sentenced to de ath, the 183
jury's recommendation to the court shall be a sentence of life 184
imprisonment without the possibility of parole. 185
(4) FINDINGS IN SUPPORT OF SENTENCE OF DEATH. —186
Notwithstanding the recommendation of the jury, the court, after 187
weighing the aggravatin g and mitigating circumstances, shall 188
enter a sentence of life imprisonment or death, but if the court 189
imposes a sentence of death, it shall set forth in writing its 190
findings upon which the sentence of death is based as to the 191
facts: 192
(a) That sufficient aggravating factors exist as 193
enumerated in subsection (7). 194
(b) That there are insufficient mitigating circumstances 195
to outweigh the aggravating factors. 196
(a) After hearing all of the evidence presented regarding 197
aggravating factors and mitigating circumstances, the jury shall 198
deliberate and determine if the state has proven, beyond a 199
reasonable doubt, the existence of at least one aggravating 200
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factor set forth in subsection (7). 201
(b) The jury shall return findings identifying each 202
aggravating factor found to exist. A finding that an aggravating 203
factor exists must be unanimous. If the jury: 204
1. Does not unanimously find at least one aggravating 205
factor, the defendant is ineligible for a sentence of death. 206
2. Unanimously finds at least one aggravating factor, the 207
defendant is eligible for a sentence of death and the jury shall 208
make a recommendation to the court as to whether the defendant 209
shall be sentenced to life imprisonment without the possibility 210
of parole or to death. The recommendation shall be based on a 211
weighing of all of the following: 212
a. Whether sufficient aggravating factors exist. 213
b. Whether aggravating factors exist which outweigh the 214
mitigating circumstances found to exist. 215
c. Based on the considerations in sub -subparagraphs a. and 216
b., whether the defendant should be sentenced to life 217
imprisonment without the possibility of parole or to death. 218
(c) If a unanimous jury determines that the defendant 219
should be sentenced to death, the jury's recommendation to the 220
court shall be a sentence of death. If a unanimous jury does not 221
determine that the defendant should be sentenced to death, the 222
jury's recommendation to the court shall be a sentence of life 223
imprisonment without the possibility of pa role. 224
(4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 225
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(a) If the jury has recommended a sentence of: 226
1. Life imprisonment without the possibility of parole, 227
the court shall impose the recommended sentence. 228
2. Death, the court, after cons idering each aggravating 229
factor found by the jury and all mitigating circumstances, may 230
impose a sentence of life imprisonment without the possibility 231
of parole or a sentence of death. The court may consider only an 232
aggravating factor that was unanimously found to exist by the 233
jury. 234
(b) If the defendant waived his or her right to a 235
sentencing proceeding by a jury, the court, after considering 236
all aggravating factors and mitigating circumstances, may impose 237
a sentence of life imprisonment without the possi bility of 238
parole or a sentence of death. The court may impose a sentence 239
of death only if the court finds at least one aggravating factor 240
has been proven to exist beyond a reasonable doubt. 241
Section 3. This act shall take effect July 1, 2023. 242