Gov. Rick Scott signed into law Monday a change in Florida’s death penalty procedure in a bid to comply with a U.S. Supreme Court decision.
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Also Thursday, the Senate gave final approval to the “Pastor Protection” measure (HB 43), which is aimed at protecting clergy members who object to performing wedding ceremonies for gay and lesbian couples. Each state is allowed two statues in the hall, with Florida represented by Smith and John Gorrie, widely viewed as the father of air conditioning.
“The Legislature perpetuated Florida’s outlier status as one of only three states among 32 remaining death penalty states in the US that now requires less than unanimity for such purposes, which leaves the door open for related challenges moving forward”, he said.
Scott, who has overseen 23 executions in his five years as governor, noted that the new law was supported by the Florida Sheriffs Association, Public Defenders Association and Prosecuting Attorneys Association.
The day before the activity in Florida and Alabama, the Utah State Senate had surprisingly advanced a bill that would abolish the death penalty there. Juries are required to agree unanimously that at least one aggravating factor justifies the ultimate sentence.
With the death penalty effectively on hold in Florida, lawmakers hurried to come up with a solution before the legislative session ends Friday.
After the Supreme Court ruled in January that the Florida system was unconstitutional, the death penalty in the state has ground to a halt.
The rewritten law increases what it takes for a person to be sentenced to death, making it so that at least 10 jurors have to vote for a death sentence rather than the seven jurors previously needed. “Instead, the jury returned a mere recommendation for the imposition of a death sentence by a vote of 8-4”.
While the new law establishes a revamped system for defendants charged with capital crimes who have not yet been sentenced, it is unlikely to have any impact on the cases of Florida’s 390 Death Row inmates.
“I would have felt more comfortable if it (jury recommendations) had been unanimous, but the way it is right now, I feel like we’ve got a good death penalty bill”.
Scott had issued death warrants for both men.
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“It is my solemn duty to uphold the laws of Florida and my foremost concern is always for the victims and their loved ones”.
