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