FL
Florida House Bill H0555

Florida 2023 Regular Session

Florida House Bill H0555 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to sentencing proceedings in death 2
1616 penalty cases; amending ss. 921.141 and 921.142, F.S.; 3
17-requiring a determination of a specified number of 4
18-jurors, rather than jury unanimity, for a sentencing 5
19-recommendation of death; requiring a determination of 6
20-a specified number of jurors for a sentencing 7
21-recommendation of life imprisonment without the 8
22-possibility of parole; requiring the court to impose 9
23-the recommended sentence of life imprisonment without 10
24-the possibility of parole if fewer than eight jurors 11
25-recommend a sentence of death; authorizing the court 12
26-to impose a sentence of life imprisonment without the 13
27-possibility of parole or a sentence of death if at 14
28-least eight jurors recommend a sentence of death; 15
29-specifying that the court may impose a sentence of 16
30-death only if the jury unanimously finds at least one 17
31-aggravating factor beyond a reasonable doubt; 18
32-requiring the court to include in its written or der 19
33-the reasons for not accepting a jury's recommended 20
34-sentence, if applicable; providing an effective date. 21
35- 22
36-Be It Enacted by the Legislature of the State of Florida: 23
37- 24
38- Section 1. Subsections (2), (3), and (4) of section 25
17+specifying that a jury recommends a sentence of death 4
18+if at least eight jurors determine a sentence of death 5
19+is appropriate; specifying that a jury recommends a 6
20+sentence of life imprisonment without the possibility 7
21+of parole if fewer than eight jurors determine a 8
22+sentence of death is appropriate; requiring a court to 9
23+sentence the defendant as recommended by the jury; 10
24+requiring the court to set forth specified written 11
25+findings if it imposes a sentence of death in 12
26+specified cases; providing an effective date. 13
27+ 14
28+Be It Enacted by the Legislature of the State of Florida: 15
29+ 16
30+ Section 1. Subsections (2), (3), and (4) of section 17
31+921.141, Florida Statutes, are amended to read: 18
32+ 921.141 Sentence of death or life imprisonment for capital 19
33+felonies; further proceedings to determine sentence. — 20
34+ (2) FINDINGS AND RECOMME NDED SENTENCE BY THE JURY. —This 21
35+subsection applies only if the defendant has not waived his or 22
36+her right to a sentencing proceeding by a jury. 23
37+ (a) After hearing all of the evidence presented regarding 24
38+aggravating factors and mitigating circumstances, the jury shall 25
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4747 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
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51-921.141, Florida Statutes, are amended to read: 26
52- 921.141 Sentence of death or life imprisonment for capital 27
53-felonies; further proceedings to determine sentence. — 28
54- (2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 29
55-subsection applies only if the defendant has not waived his or 30
56-her right to a sentencing proceeding by a jury. 31
57- (a) After hearing all of the evidence presented regarding 32
58-aggravating factors and mitigating circumstances, the jury shall 33
59-deliberate and determine if the state has proven, beyond a 34
60-reasonable doubt, the e xistence of at least one aggravating 35
61-factor set forth in subsection (6). 36
62- (b) The jury shall return findings identifying each 37
63-aggravating factor found to exist. A finding that an aggravating 38
64-factor exists must be unanimous. If the jury: 39
65- 1. Does not unanimously find at least one aggravating 40
66-factor, the defendant is ineligible for a sentence of death. 41
67- 2. Unanimously finds at least one aggravating factor, the 42
68-defendant is eligible for a sentence of death and the jury shall 43
69-make a recommendation to the cou rt as to whether the defendant 44
70-shall be sentenced to life imprisonment without the possibility 45
71-of parole or to death. The recommendation shall be based on a 46
72-weighing of all of the following: 47
73- a. Whether sufficient aggravating factors exist. 48
74- b. Whether aggravating factors exist which outweigh the 49
75-mitigating circumstances found to exist. 50
51+deliberate and determine if the state has proven, beyond a 26
52+reasonable doubt, the existence of at least one aggravating 27
53+factor set forth in subsection (6). 28
54+ (b) The jury shall return findings identifying each 29
55+aggravating factor found to exist. A finding that an aggravating 30
56+factor exists must be unanimous. If the jury: 31
57+ 1. Does not unanimously find at least one aggravating 32
58+factor, the defendant is ineligible for a sentence of death. 33
59+ 2. Unanimously finds at least one aggravating factor, the 34
60+defendant is eligible for a sentence of death and the jury shall 35
61+make a recommendation to the court as to whether the defendant 36
62+shall be sentenced to life imprisonment without the possibility 37
63+of parole or to death. The recommendation shall be based on a 38
64+weighing of all of the following: 39
65+ a. Whether sufficient aggravating factors exist. 40
66+ b. Whether aggravating factors exist which outweigh the 41
67+mitigating circumstances found to exist. 42
68+ c. Based on the considerations in sub -subparagraphs a. and 43
69+b., whether the defendant should be sentenced to life 44
70+imprisonment without the possibility of parole or to death. 45
71+ (c) If at least eight jurors determine a unanimous jury 46
72+determines that the defendant should be sentenced to death, the 47
73+jury's recommendation to the court s hall be a sentence of death. 48
74+If fewer than eight jurors a unanimous jury does not determine 49
75+that the defendant should be sentenced to death, the jury's 50
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8484 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
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88- c. Based on the considerations in sub -subparagraphs a. and 51
89-b., whether the defendant should be sentenced to life 52
90-imprisonment without the possibility of parole or to dea th. 53
91- (c) If at least eight jurors determine a unanimous jury 54
92-determines that the defendant should be sentenced to death, the 55
93-jury's recommendation to the court shall be a sentence of death. 56
94-If fewer than eight jurors a unanimous jury does not determine 57
95-that the defendant should be sentenced to death, the jury's 58
96-recommendation to the court shall be a sentence of life 59
97-imprisonment without the possibility of parole. 60
98- (3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 61
99- (a) If the jury has recommended a sentence of: 62
100- 1. Life imprisonment without the possibility of parole, 63
101-the court shall impose the recommended sentence of life 64
102-imprisonment without the possibility of parole . 65
103- 2. Death, and at least eight jurors recommend a sentence 66
104-of death, the court, after considering each aggravating factor 67
105-found by the jury and all mitigating circumstances, may impose a 68
106-sentence of life imprisonment without the possibility of parole 69
107-or a sentence of death. The court may consider only an 70
108-aggravating factor that was unanimously found to exist by the 71
109-jury. The court may impose a sentence of death only if the jury 72
110-unanimously finds at least one aggravating factor beyond a 73
111-reasonable doubt. 74
112- (b) If the defendant waived his or her right to a 75
88+recommendation to the court shall be a sentence of life 51
89+imprisonment without the possibility of parole. 52
90+ (3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 53
91+ (a) If the jury has recommended a sentence of: 54
92+ 1. Life imprisonment without the possibility of parole, 55
93+the court shall impose the recommended sentence of life 56
94+imprisonment without the possibility of parole . 57
95+ 2. Death, the court shall impose the recommended , after 58
96+considering each aggravating factor found by the jury and all 59
97+mitigating circumstances, may impose a sentence of life 60
98+imprisonment without the possibility of parole or a sentence of 61
99+death. The court may consider only impose a sentence of death if 62
100+the jury unanimously found at least one an aggravating factor 63
101+beyond a reasonable doubt that was unanimously found to exist by 64
102+the jury. 65
103+ (b) If the defendant waived his or her right to a 66
104+sentencing proceeding by a jury, the court, after considering 67
105+all aggravating factors and mitigating circumstances, may impose 68
106+a sentence of life imprisonment without the possibility of 69
107+parole or a sentence of death. The court may impose a sentence 70
108+of death only if the court finds that at least one aggravating 71
109+factor has been proven to exist beyond a reasonable doubt. 72
110+ (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF DEATH. —In 73
111+each case in which the defendant waived his or her right to a 74
112+sentencing proceeding by a jury, and the court imposes a 75
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121121 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
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125-sentencing proceeding by a jury, the court, after considering 76
126-all aggravating factors and mitigating circumstances, may impose 77
127-a sentence of life imprisonment without the possibility of 78
128-parole or a sentence of death. The court may impose a sentence 79
129-of death only if the court finds that at least one aggravating 80
130-factor has been proven to exist beyond a reasonable doubt. 81
131- (4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 82
132-IMPRISONMENT OR DEATH.—In each case in which the court imposes a 83
133-sentence of life imprisonment without t he possibility of parole 84
134-or death, the court shall, considering the records of the trial 85
135-and the sentencing proceedings, enter a written order addressing 86
136-the aggravating factors set forth in subsection (6) found to 87
137-exist, the mitigating circumstances in su bsection (7) reasonably 88
138-established by the evidence, whether there are sufficient 89
139-aggravating factors to warrant the death penalty, and whether 90
140-the aggravating factors outweigh the mitigating circumstances 91
141-reasonably established by the evidence. The court must include 92
142-in its written order the reasons for not accepting the jury's 93
143-recommended sentence, if applicable. If the court does not issue 94
144-its order requiring the death sentence within 30 days after the 95
145-rendition of the judgment and sentence, the court sh all impose a 96
146-sentence of life imprisonment without the possibility of parole 97
147-in accordance with s. 775.082. 98
148- Section 2. Subsections (3), (4), and (5) of section 99
149-921.142, Florida Statutes, are amended to read: 100
125+sentence of death under paragraph (3)(b) , the court shall, 76
126+considering the records of the trial and the sentencing 77
127+proceedings, enter a written order addressing the aggravating 78
128+factors set forth in subsection (6) found to exist, the 79
129+mitigating circumstances in subsection (7) reasonably 80
130+established by the evidence, whether there are sufficient 81
131+aggravating factors to warrant the death penalty, and whether 82
132+the aggravating factors outweigh the mitigating circumstances 83
133+reasonably established by the evidence. If the court does not 84
134+issue its order requiring the death sentence within 30 days 85
135+after the rendition of the judgment and sentence, the court 86
136+shall impose a sentence of life imprisonment without the 87
137+possibility of parole in accordance with s. 775.082. 88
138+ Section 2. Subsections (3), (4), and (5) of section 89
139+921.142, Florida Statutes, are amended to read: 90
140+ 921.142 Sentence of death or life imprisonment for capital 91
141+drug trafficking felonies; further proceedings to dete rmine 92
142+sentence.— 93
143+ (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 94
144+subsection applies only if the defendant has not waived his or 95
145+her right to a sentencing proceeding by a jury. 96
146+ (a) After hearing all of the evidence presented regarding 97
147+aggravating factors and mitigating circumstances, the jury shall 98
148+deliberate and determine if the state has proven, beyond a 99
149+reasonable doubt, the existence of at least one aggravating 100
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158158 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
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162- 921.142 Sentence of death or life imprison ment for capital 101
163-drug trafficking felonies; further proceedings to determine 102
164-sentence.— 103
165- (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 104
166-subsection applies only if the defendant has not waived his or 105
167-her right to a sentencing proceeding by a jury . 106
168- (a) After hearing all of the evidence presented regarding 107
169-aggravating factors and mitigating circumstances, the jury shall 108
170-deliberate and determine if the state has proven, beyond a 109
171-reasonable doubt, the existence of at least one aggravating 110
172-factor set forth in subsection (7). 111
173- (b) The jury shall return findings identifying each 112
174-aggravating factor found to exist. A finding that an aggravating 113
175-factor exists must be unanimous. If the jury: 114
176- 1. Does not unanimously find at least one aggravating 115
177-factor, the defendant is ineligible for a sentence of death. 116
178- 2. Unanimously finds at least one aggravating factor, the 117
179-defendant is eligible for a sentence of death and the jury shall 118
180-make a recommendation to the court as to whether the defendant 119
181-shall be sentenced to life imprisonment without the possibility 120
182-of parole or to death. The recommendation shall be based on a 121
183-weighing of all of the following: 122
184- a. Whether sufficient aggravating factors exist. 123
185- b. Whether aggravating factors exist which outweigh the 124
186-mitigating circumstances found to exist. 125
162+factor set forth in subsection (7). 101
163+ (b) The jury shall return findings identify ing each 102
164+aggravating factor found to exist. A finding that an aggravating 103
165+factor exists must be unanimous. If the jury: 104
166+ 1. Does not unanimously find at least one aggravating 105
167+factor, the defendant is ineligible for a sentence of death. 106
168+ 2. Unanimously finds at least one aggravating factor, the 107
169+defendant is eligible for a sentence of death and the jury shall 108
170+make a recommendation to the court as to whether the defendant 109
171+shall be sentenced to life imprisonment without the possibility 110
172+of parole or to death. The recommendation shall be based on a 111
173+weighing of all of the following: 112
174+ a. Whether sufficient aggravating factors exist. 113
175+ b. Whether aggravating factors exist which outweigh the 114
176+mitigating circumstances found to exist. 115
177+ c. Based on the considerations in sub-subparagraphs a. and 116
178+b., whether the defendant should be sentenced to life 117
179+imprisonment without the possibility of parole or to death. 118
180+ (c) If at least eight jurors determine a unanimous jury 119
181+determines that the defendant should be sentenced to dea th, the 120
182+jury's recommendation to the court shall be a sentence of death. 121
183+If fewer than eight jurors a unanimous jury does not determine 122
184+that the defendant should be sentenced to death, the jury's 123
185+recommendation to the court shall be a sentence of life 124
186+imprisonment without the possibility of parole. 125
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195195 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
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199- c. Based on the considerations in sub -subparagraphs a. and 126
200-b., whether the defendant should be sentenced to life 127
201-imprisonment without the possibility of parole or to death. 128
202- (c) If at least eight jurors determine a unanimous jury 129
203-determines that the defendant should be sentenced to death, the 130
204-jury's recommendation to the court shall be a sentence of death. 131
205-If fewer than eight jurors a unanimous jury does not determine 132
206-that the defendant should be sentenced to death, the jury's 133
207-recommendation to the court shall be a sentence of life 134
208-imprisonment without the possibility of parole. 135
209- (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 136
210- (a) If the jury has recommended a sentence of: 137
211- 1. Life imprisonment without the possibility of parole, 138
212-the court shall impose the recommended sentence of life 139
213-imprisonment without the possibility of parole . 140
214- 2. Death, and at least eight jurors recommend a sentence 141
215-of death, the court, after considering each aggravating factor 142
216-found by the jury and all mitigating circumstances, may impose a 143
217-sentence of life imprisonment without the possibility of parole 144
218-or a sentence of death. The court may consider only an 145
219-aggravating factor that was unanimously found to exist by the 146
220-jury. The court may impose a sentence of death only if the jury 147
221-unanimously finds at least one aggravating factor beyond a 148
222-reasonable doubt. 149
223- (b) If the defendant waived his or her right to a 150
199+ (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 126
200+ (a) If the jury has recommended a sentence of: 127
201+ 1. Life imprisonment without the possibility of parole, 128
202+the court shall impose the recommended sente nce of life 129
203+imprisonment without the possibility of parole . 130
204+ 2. Death, the court shall impose the recommended , after 131
205+considering each aggravating factor found by the jury and all 132
206+mitigating circumstances, may impose a sentence of life 133
207+imprisonment without the possibility of parole or a sentence of 134
208+death. The court may consider only impose a sentence of death if 135
209+the jury found at least one an aggravating factor that was 136
210+unanimously found beyond a reasonable doubt to exist by the 137
211+jury. 138
212+ (b) If the defendant waived his or her right to a 139
213+sentencing proceeding by a jury, the court, after considering 140
214+all aggravating factors and mitigating circumstances, may impose 141
215+a sentence of life imprisonment without the possibility of 142
216+parole or a sentence of death. The court may impose a sentence 143
217+of death only if the court finds at least one aggravating factor 144
218+has been proven to exist beyond a reasonable doubt. 145
219+ (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF DEATH. —In 146
220+each case in which defendant waived his or her right to a 147
221+sentencing proceeding by a jury, and the court imposes a death 148
222+sentence under paragraph (4)(b) , the court shall, considering 149
223+the records of the trial and the sentencing proceedings, enter a 150
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232232 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
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236-sentencing proceeding by a jury, the court, after considering 151
237-all aggravating factors and mitigating circumstances, may impose 152
238-a sentence of life imprisonment without the possibility of 153
239-parole or a sentence of death. The court may impose a sentence 154
240-of death only if the court finds at least one aggravating factor 155
241-has been proven to exist beyond a reasonable doubt. 156
242- (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 157
243-IMPRISONMENT OR DEATH.—In each case in which the court imposes a 158
244-sentence of life imprisonment without the possibility of parole 159
245-or death sentence, the court shall, c onsidering the records of 160
246-the trial and the sentencing proceedings, enter a written order 161
247-addressing the aggravating factors set forth in subsection (7) 162
248-found to exist, the mitigating circumstances in subsection (8) 163
249-reasonably established by the evidence, whether there are 164
250-sufficient aggravating factors to warrant the death penalty, and 165
251-whether the aggravating factors outweigh the mitigating 166
252-circumstances reasonably established by the evidence. The court 167
253-must include in its written order the reasons for not accepting 168
254-the jury's recommended sentence, if applicable. If the court 169
255-does not issue its order requiring the death sentence within 30 170
256-days after the rendition of the judgment and sentence, the court 171
257-shall impose a sentence of life imprisonment without th e 172
258-possibility of parole in accordance with s. 775.082. 173
259- Section 3. This act shall take effect upon becoming a law. 174
236+written order addressing the aggravating factors set forth in 151
237+subsection (7) found to exist, the mitigating circumstances in 152
238+subsection (8) reasonably established by the evidence, whether 153
239+there are sufficient aggravating factors to warrant the death 154
240+penalty, and whether the aggravating factors outweigh the 155
241+mitigating circumstances reasonably established by the evidence. 156
242+If the court does not issue its order requiring the death 157
243+sentence within 30 days after the rendition of the judgment and 158
244+sentence, the court shall impose a sentence of life imprisonment 159
245+without the possibility of parole in accordance with s. 775.082. 160
246+ Section 3. This act shall take effect October 1, 2023. 161