Legislative Update as of 3/23
There are several bills pending in the Florida Legislature related to capital punishment. Here’s the status of that pending legislation as of today.
There are several bills pending in the Florida Legislature related to capital punishment. Here’s the status of that pending legislation as of today.
Expanding Capital Punishment to Human Trafficking
Like the 2023 legislation that expanded capital punishment to non-homicide sex crimes against children, this set of bills (HB 1283 and SB 1804) seeks to expand capital punishment to non-homicide human trafficking. My original post about this legislation can be found here.
The House bill was referred to the Criminal Justice Subcommittee, the Justice Budget Subcommittee, and the Judiciary Committee. It is now in the Criminal Justice Subcommittee.
NEW On Wednesday, March 19, the House Criminal Justice Subcommittee heard this legislation. A Committee substitute for the bill was presented but does not appear to have any substantive changes. The sentencing procedure is the same as originally presented.
Rep. Gottlieb asked how many other states have a like this. Rep. Jacques, the Sponsor, said he’s “not aware of any” and “Florida leads the way on law and order.” Rep. Gottlieb asked another question about the sentencing process outlined in the bill. Rep. Gottlieb asked if Rep. Jacques is aware of any caselaw in Florida establishing that the jury recommendation requirement of 8-4 is constitutional. Rep. Jacques said he’s not aware of any saying it’s unconstitutional. Rep. Gottlieb asked Rep. Jacques whether he’s aware of Hurst v. Florida and the Florida Supreme Court’s ruling in Hurst v. State. Rep. Jacques said Hurst v. State was overturned later in State v. Poole and 8-4 remains “the law of the land.” Rep. Gottlieb asked if any court has weighed in on the constitutionality of the 8-4 statute. Rep. Jacques said, to the best of his knowledge, the 8-4 law remains on the books.
There was public testimony in support of the bill. In debate, Rep. Gottlieb commented that resources should be given to law enforcement to stop human trafficking. In closing, Rep. Jacques said the work doesn’t end when defendants are retained by law enforcement.
The legislation was reported favorably by the Committee. The vote was 13-2 with Reps. Gottlieb and Hart voting no. A video of the hearing can be found here. The discussion begins around 1:11.
COMMENT: Rep. Gottlieb is correct that Florida’s capital sentencing scheme was stricken as unconstitutional by the U.S. Supreme Court’s 2016 decision in Hurst v. Florida. However, that decision did not comment on the final jury recommendation requirement.
On remand from that decision in Hurst v. State, the Florida Supreme Court held that a jury’s recommendation must be unanimous. However, Rep. Jacques is correct that ruling was later overturned by the Court in 2020 in State v. Poole. Rep. Jacques is also correct that the 8-4 statute enacted in 2023 (on which he was a sponsor) remains on the books.1 However, there are three cases pending at the Florida Supreme Court challenging the constitutionality of the statute on direct appeal.2
Also, there was little discussion about the fact that there is long-standing U.S. Supreme Court precedent that says this law—allowing the death penalty for a non-homicide crime—violates the Eighth Amendment.
The Senate bill was referred to the Criminal Justice Committee, the Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy.
You can read more about this legislation on the Senate’s website here.
New Aggravating Factors
Aggravating Factor for Assassinations
A set of bills filed in the House (HB 653) and Senate (SB 776) on February 17 seek to add an aggravating factor for capital felonies committed against heads of state.
My original post on this legislation can be found here.
The House Criminal Justice Subcommittee unanimously approved the legislation. (More on there here.) It is now in the Judiciary Committee.
The Senate Bill was referred to the Criminal Justice, Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy Committees.
NEW On Tuesday, March 18, the Senate Criminal Justice Committee heard this legislation. Grace Hanna of Floridians for Alternatives for the Death Penalty (FADP) spoke in opposition to the legislation. She said that adding an aggravating factor undermines the “integrity of the entire death penalty framework” and dilutes the standard for imposing the death penalty.
Sen. Pizzo asked if mental health is a mitigating circumstance for capital punishment. Ms. Hanna responded that it is.
Sen. Garcia commented that she is pro-life through and through and is, therefore, against this legislation. The legislation was reported favorably by the Committee. The vote was 7-2. A video of the hearing can be viewed here.
You can read more about this legislation on the Senate’s website here.
Aggravating Factor for Crimes at Certain Gatherings
A set of bills filed in the House (HB 693) and Senate (SB 984) seek to add an aggravating factor for capital felonies committed at certain gatherings.
My original post on this legislation can be found here.
The House Bill was referred to the Criminal Justice Subcommittee and the Judiciary Committee. On March 6, the Criminal Justice Subcommittee approved the legislation by a vote of 17-1. (More on that here.) On March 13, the House Judiciary Committee unanimously approved the legislation. (More on that hearing here.)
The Senate bill was referred to the Criminal Justice Committee, the Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy.
NEW On Tuesday, March 18, the Senate Criminal Justice Committee heard this legislation. Grace Hanna of FADP spoke in opposition to the legislation. She said this proposed aggravating factor is already included in Florida’s capital sentencing scheme, and this legislation would lower the threshold for the death penalty and improperly double aggravating factors.
Sen. Pizzo asked if this is a “clear redundancy” of what is already in the statute. He asked if a Judge would automatically strike an aggravating factor on that ground. The legislation was reported favorably by the Committee. The vote was 7-2.
A video of the hearing can be viewed here.
You can read more about the legislation on the Senate’s website here.
Unfortunately the most important bill is not on the agenda. Of course that's the bill to abolish the death penalty all together. We have the audacity to criticize places like Iran for killing their own citizens when in fact we are the greatest offender of all. Again, where is this important bill?