CS/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
requiring a determination of a specified number of 4
jurors, rather than jury unanimity, for a sentencing 5
recommendation of death; requiring a determination of 6
a specified number of jurors for a sentencing 7
recommendation of life imprisonment without the 8
possibility of parole; requiring the court to impose 9
the recommended sentence of life imprisonment without 10
the possibility of parole if fewer than eight jurors 11
recommend a sentence of death; authorizing the court 12
to impose a sentence of life imprisonment without the 13
possibility of parole or a sentence of death if at 14
least eight jurors recommend a sentence of death; 15
specifying that the court may impose a sentence of 16
death only if the jury unanimously finds at least one 17
aggravating factor beyond a reasonable doubt; 18
requiring the court to include in its written or der 19
the reasons for not accepting a jury's recommended 20
sentence, if applicable; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Subsections (2), (3), and (4) of section 25
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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
921.141, Florida Statutes, are amended to read: 26
921.141 Sentence of death or life imprisonment for capital 27
felonies; further proceedings to determine sentence. — 28
(2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 29
subsection applies only if the defendant has not waived his or 30
her right to a sentencing proceeding by a jury. 31
(a) After hearing all of the evidence presented regarding 32
aggravating factors and mitigating circumstances, the jury shall 33
deliberate and determine if the state has proven, beyond a 34
reasonable doubt, the e xistence of at least one aggravating 35
factor set forth in subsection (6). 36
(b) The jury shall return findings identifying each 37
aggravating factor found to exist. A finding that an aggravating 38
factor exists must be unanimous. If the jury: 39
1. Does not unanimously find at least one aggravating 40
factor, the defendant is ineligible for a sentence of death. 41
2. Unanimously finds at least one aggravating factor, the 42
defendant is eligible for a sentence of death and the jury shall 43
make a recommendation to the cou rt as to whether the defendant 44
shall be sentenced to life imprisonment without the possibility 45
of parole or to death. The recommendation shall be based on a 46
weighing of all of the following: 47
a. Whether sufficient aggravating factors exist. 48
b. Whether aggravating factors exist which outweigh the 49
mitigating circumstances found to exist. 50
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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
c. Based on the considerations in sub -subparagraphs a. and 51
b., whether the defendant should be sentenced to life 52
imprisonment without the possibility of parole or to dea th. 53
(c) If at least eight jurors determine a unanimous jury 54
determines that the defendant should be sentenced to death, the 55
jury's recommendation to the court shall be a sentence of death. 56
If fewer than eight jurors a unanimous jury does not determine 57
that the defendant should be sentenced to death, the jury's 58
recommendation to the court shall be a sentence of life 59
imprisonment without the possibility of parole. 60
(3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 61
(a) If the jury has recommended a sentence of: 62
1. Life imprisonment without the possibility of parole, 63
the court shall impose the recommended sentence of life 64
imprisonment without the possibility of parole . 65
2. Death, and at least eight jurors recommend a sentence 66
of death, the court, after considering each aggravating factor 67
found by the jury and all mitigating circumstances, may impose a 68
sentence of life imprisonment without the possibility of parole 69
or a sentence of death. The court may consider only an 70
aggravating factor that was unanimously found to exist by the 71
jury. The court may impose a sentence of death only if the jury 72
unanimously finds at least one aggravating factor beyond a 73
reasonable doubt. 74
(b) If the defendant waived his or her right to 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
sentencing proceeding by a jury, the court, after considering 76
all aggravating factors and mitigating circumstances, may impose 77
a sentence of life imprisonment without the possibility of 78
parole or a sentence of death. The court may impose a sentence 79
of death only if the court finds that at least one aggravating 80
factor has been proven to exist beyond a reasonable doubt. 81
(4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 82
IMPRISONMENT OR DEATH.—In each case in which the court imposes a 83
sentence of life imprisonment without t he possibility of parole 84
or death, the court shall, considering the records of the trial 85
and the sentencing proceedings, enter a written order addressing 86
the aggravating factors set forth in subsection (6) found to 87
exist, the mitigating circumstances in su bsection (7) reasonably 88
established by the evidence, whether there are sufficient 89
aggravating factors to warrant the death penalty, and whether 90
the aggravating factors outweigh the mitigating circumstances 91
reasonably established by the evidence. The court must include 92
in its written order the reasons for not accepting the jury's 93
recommended sentence, if applicable. If the court does not issue 94
its order requiring the death sentence within 30 days after the 95
rendition of the judgment and sentence, the court sh all impose a 96
sentence of life imprisonment without the possibility of parole 97
in accordance with s. 775.082. 98
Section 2. Subsections (3), (4), and (5) of section 99
921.142, Florida Statutes, are amended to read: 100
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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
921.142 Sentence of death or life imprison ment for capital 101
drug trafficking felonies; further proceedings to determine 102
sentence.— 103
(3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 104
subsection applies only if the defendant has not waived his or 105
her right to a sentencing proceeding by a jury . 106
(a) After hearing all of the evidence presented regarding 107
aggravating factors and mitigating circumstances, the jury shall 108
deliberate and determine if the state has proven, beyond a 109
reasonable doubt, the existence of at least one aggravating 110
factor set forth in subsection (7). 111
(b) The jury shall return findings identifying each 112
aggravating factor found to exist. A finding that an aggravating 113
factor exists must be unanimous. If the jury: 114
1. Does not unanimously find at least one aggravating 115
factor, the defendant is ineligible for a sentence of death. 116
2. Unanimously finds at least one aggravating factor, the 117
defendant is eligible for a sentence of death and the jury shall 118
make a recommendation to the court as to whether the defendant 119
shall be sentenced to life imprisonment without the possibility 120
of parole or to death. The recommendation shall be based on a 121
weighing of all of the following: 122
a. Whether sufficient aggravating factors exist. 123
b. Whether aggravating factors exist which outweigh the 124
mitigating circumstances found to exist. 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
c. Based on the considerations in sub -subparagraphs a. and 126
b., whether the defendant should be sentenced to life 127
imprisonment without the possibility of parole or to death. 128
(c) If at least eight jurors determine a unanimous jury 129
determines that the defendant should be sentenced to death, the 130
jury's recommendation to the court shall be a sentence of death. 131
If fewer than eight jurors a unanimous jury does not determine 132
that the defendant should be sentenced to death, the jury's 133
recommendation to the court shall be a sentence of life 134
imprisonment without the possibility of parole. 135
(4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 136
(a) If the jury has recommended a sentence of: 137
1. Life imprisonment without the possibility of parole, 138
the court shall impose the recommended sentence of life 139
imprisonment without the possibility of parole . 140
2. Death, and at least eight jurors recommend a sentence 141
of 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
CS/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
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, c onsidering 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 th e 172
possibility of parole in accordance with s. 775.082. 173
Section 3. This act shall take effect upon becoming a law. 174