May 6, 2023 update: Gov. DeSantis signed SB 450, the non-unanimous jury bill, into law on April 20. Read our press release here. The law goes into immediate effect and is already being challenged. Gov. DeSantis also signed HB 1297 into law on May 2. This law goes into effect on October 1. Stay tuned for actions.
April 18, 2023 update: The Florida House and Senate have passed both SB 450 (Death Penalty) and HB 1297 (Capital Sexual Battery). The bills are now headed to Governor DeSantis’ desk.
SB 450: Death Penalty (Ingoglia)
Non-Unanimity Bill
Death Penalty; Requiring a determination of a specified number of jurors, rather than jury unanimity, for a sentencing recommendation of death to the court; requiring a determination of a specified number of jurors, rather than jury unanimity, for a sentencing recommendation of life imprisonment without the possibility of parole to the court; requiring the court to impose the recommended sentence of death if a certain number of jurors recommend a sentence of death; requiring the court to include in its written order the reasons for not accepting the jury’s recommended sentence, if applicable, etc.
This bill was passed in the Florida Senate on March 30.
03/06/2023: Senate Criminal Justice Committee votes 6-2
03/22/2023: Senate Rules Committee votes 14-5
03/30/2023: Senate votes 29-11
HB 555: Sentencing Proceedings in Death Penalty Cases (Jacques)
Non-Unanimity Bill
Sentencing Proceedings in Death Penalty Cases; Specifies that jury recommends sentence of death if at least 8 jurors determine sentence of death is appropriate; specifies that jury recommends sentence of life imprisonment without possibility of parole if fewer than 8 jurors determine sentence of death is appropriate; requires court to sentence defendant as recommended by jury; requires court to set forth specified written findings if it imposes sentence of death in specified cases.
03/07/2023: House Criminal Justice Subcommittee votes 13-5
03/15/2023: House Justice Appropriations Subcommittee votes 8-6
03/31/2023: House Judiciary Committee votes 14-7
SB 520: Sentencing for Capital Felonies (Ingoglia)
Judicial Override Bill
Sentencing for Capital Felonies; Authorizing, rather than requiring, a court to impose the jury’s recommended sentence of life imprisonment without the possibility of parole for certain capital felonies; requiring the court to enter a written order addressing the sentence of life imprisonment without the possibility of parole and include in its required written order the reasons for not accepting a jury’s recommended sentence, if applicable, etc.
02/16/2023: Referred to Florida Senate Criminal Justice, Judiciary, and Fiscal Policy Committees
HB 609: Sentencing for Capital Felonies (Jacques)
Judicial Override Bill
Sentencing for Capital Felonies; Authorizes court to impose jury’s recommended sentence of life imprisonment without possibility of parole for certain capital felonies; requires court to enter written order addressing sentence of life imprisonment without possibility of parole & include in its required written order reasons for not accepting jury’s recommended sentence, if applicable.
02/14/2023: In Florida House Criminal Justice Subcommittee
SB 1342: Capital Sexual Battery (Martin)
Non-Capital Crime Bill
Capital Sexual Battery; Revising how certain capital felonies are punished; requiring a court to conduct a separate sentencing proceeding to determine whether a defendant should be sentenced to death or life imprisonment without the possibility of parole upon the defendant’s conviction or adjudication of guilt for a capital felony; requiring a recommendation to the court of a sentence of death if at least eight jurors determine that the defendant should be sentenced to death; requiring a recommendation to the court of a sentence of life imprisonment without the possibility of parole if fewer than eight jurors determine that the defendant should be sentenced to death, etc.
03/06/2023 referred to Criminal Justice, Judiciary, and Rules
03/20/2023 Senate Criminal Justice Committee votes 8-0
HB 1297: Capital Sexual Battery (Baker)
Death Penalty for Non-homicide Crime Bill
Capital Sexual Battery; Provides for death sentences for certain child sexual offenders; provides for separate death penalty proceedings in such cases; provides for findings & recommended sentences by jury; provides for imposition of sentence of life imprisonment or death; provides requirements for court order in support of death sentence; provides for automatic review of sentences of death; specifies aggravating factors & mitigating circumstances; provides for victim impact evidence.
// Florida House Criminal Justice Subcommittee Votes
03/31/2023 Florida House Judiciary Committee Votes 16-7
