“Proper justice will be served in the state of Florida,” governor says.

TALLAHASSEE, Fla. — Florida will no longer mandate unanimous jury recommendations for the death penalty, as Governor Ron DeSantis signed a new law on Thursday. The modification follows frustrations concerning jurors who averted the death penalty for convicted Parkland murderer Nikolas Cruz last autumn.

DeSantis validated the legislation in a discreet ceremony in his office, attended by legislative authorities and bill sponsors.

"With a unanimous jury convicting a defendant in a capital case, a single juror should not have the power to overrule a capital sentence," DeSantis stated. "I am honored to sign a bill that stops families from experiencing what the Parkland families faced and guarantees that appropriate justice will be served in Florida."

Cruz murdered 17 individuals at Marjory Stoneman Douglas School half a decade ago and later admitted guilt on murder charges. DeSantis, however, demanded modifications to Florida's death penalty laws after only three of the 12 jurors determining Cruz's punishment recommended life imprisonment.

Henceforth, if eight of the 12 jurors endorse it, convicted murderers may face the death penalty. This threshold is lower than that of any other state actively implementing capital punishment. Alabama demands a jury vote of 10-2.

"This legislation is about the rights of victims, pure and simple," stated Tony Montalto, father of Gina Montalto, who was killed by Cruz. "It grants victims of horrific crimes the opportunity to seek justice and have the culprits punished to the fullest extent of the law."

Over the years, Florida's death penalty procedure has experienced a series of legal battles. Following a U.S. Supreme Court ruling that deemed Florida's process unconstitutional, state lawmakers altered the requirement from a simple majority to a 10-2 jury vote. However, legislators later mandated unanimous jury recommendations in response to a 2016 Florida Supreme Court ruling.

The state's high court, which has shifted rightward due to DeSantis' appointments, later revoked its decision and deemed the prior ruling "incorrect."

Proponents of the bill argue the reduced requirement will pass constitutional scrutiny, while detractors claim the new standard will likely face federal court challenges.

The legislation, S.B. 450, garnered support from both Democrats and Republicans, although the majority of opposing votes came from Democrats.

"Injecting chemicals into an individual's body to end their life is a matter of state," said Rep. Ashley Gantt, a Miami Democrat and attorney. "This requires the highest threshold of a unanimous jury verdict."

The death penalty legislation is one among several criminal justice bills that DeSantis has advocated for this year's session. DeSantis, who has traveled across the nation promoting a new memoir in anticipation of a potential presidential bid, has criticized blue states and "lenient-on-crime" prosecutors in other regions.

Florida's Capital Punishment History

Capital punishment, or the death penalty, has a long and complex history in Florida. The state's use of the death penalty can be traced back to the early 19th century, with numerous changes in methods, legal challenges, and moratoriums since then. The following is an overview of the history of capital punishment in Florida:

  1. Early history (pre-1924): In the 19th century, capital punishment was carried out by hanging, and executions were managed by individual counties. The first recorded execution in Florida took place in 1827.

  2. Electric chair (1924-2000): In 1923, the Florida legislature adopted electrocution as the official method of execution, and the state's first electric chair was built. The first execution using this method occurred on October 7, 1924. From that point on, all executions in Florida were conducted at the Florida State Prison using the electric chair.

  3. Legal challenges and moratoriums (1960s-1970s): Capital punishment in the United States came under increased scrutiny in the 1960s, culminating in the 1972 U.S. Supreme Court case Furman v. Georgia, which led to a temporary nationwide moratorium on the death penalty. In response, Florida revised its capital punishment statutes in 1972, and the U.S. Supreme Court upheld the state's revised statutes in the 1976 case Proffitt v. Florida. Executions in Florida resumed in 1979.

  4. Lethal injection (2000-present): In response to concerns about the constitutionality and humanity of using the electric chair, Florida adopted lethal injection as its primary method of execution in 2000. The state's first execution by lethal injection took place on February 23, 2000.

  5. Legal challenges and reforms (2000s-2020s): Florida's death penalty procedures have been the subject of ongoing legal challenges and reforms. For example, in 2002, the U.S. Supreme Court ruled in Ring v. Arizona that juries, rather than judges, must determine the presence of aggravating factors that warrant a death sentence. In response, Florida modified its death penalty statute to include a requirement for jury recommendations.

In 2016, the U.S. Supreme Court case Hurst v. Florida declared that Florida's death penalty sentencing scheme was unconstitutional because it allowed judges to override jury recommendations. As a result, Florida's legislature revised the statute to require unanimous jury recommendations for death sentences.

However, in 2020, the Florida Supreme Court retracted its previous decision that had required unanimous jury recommendations, prompting further debate and legislative action on the issue.

Throughout its history, capital punishment in Florida has been marked by evolving methods, legal challenges, and changes to the state's statutes. The ongoing debates surrounding the death penalty in Florida reflect broader national conversations about the ethics, constitutionality, and effectiveness of capital punishment.

In Florida, the following offenses are considered capital offenses:

  1. First-degree murder with certain aggravating factors,
  2. Capital drug trafficking,
  3. Sexual battery of a child under the age of 12 years old when the defendant was 18 years or older at the time of the offense,
  4. Aircraft piracy, and
  5. Kidnapping with intent to commit a specified offense.

Capital offenses are punishable by the death penalty or life imprisonment without the possibility of parole. It's important to note that Florida has undergone significant changes to its death penalty laws and procedures over the years, and the death penalty may not always be imposed.

If you're facing a legal issue in Florida and need help from experienced attorneys, call Musca Law's toll-free number now at 1-888-484-5057 for a free consultation. Don't wait, take the first step towards resolving your legal matter today.