Florida legislator introduces bill in hopes of restoring death penalty

TALLAHASSEE — Hoping to reinstate the death penalty in Florida, a Democratic state senator from Orlando filed a bill Friday that would require juries to be unanimous in condemning a killer.

If approved, the measure by Sen. Randolph Brac y c oul d e nd del ayed t r i a l s and confusion over a Florida Supreme Court ruling in October that struck down the state’s capital punishment law.

Lawmakers last year tried to fix the death penalty law by requiring a 10-2 jury vote for death sentences, but the court’s ruling said a 12-0 vote was needed. The Senate preferred a unanimous jury, but the House and state prosecutors wanted more leeway.

“The Supreme Court has kind of set the direction that we need to go in, so I think there’ll be more buy-in from the House,” said Bracy, chairman of the Senate Criminal Justice Committee.

No bill has been filed in the House yet, but House Judiciary Committee chairman Rep. Chris Sprowls, a Republican, said his panel will hold hearings on the issue next week. He wants to look at the entire death penalty statute for possible changes, not just the unanimous jury provision.

Lawmakers say the issue is among their top priorities and that delays of murder trials are plaguing the courts. Senate President Joe Negron said about 200 c ases are affected by the death penalty’s status in limbo.

“I think it’s paramount for the victims’ families for cases to be fairly adjudicated without delay,” Negron said, adding that he hopes for a Senate vote after the legislative session begins March 7.

The issue stretches back to January 2016, when the U.S. Supreme Court struck down Florida’s death penalty law because it allowed a judge to issue a death sentence after taking into account a jury’s recommendation. Under the old law, a 7-5 majority recommendation was enough.

Except for Alabama and Florida, all 32 states with capital punishment require a unanimous vote. Florida was one of five states that executed a prisoner in 2016.

The Legislature responded by passing the 10-2 jury vote law. That was then declared unconstitutional as well by the Florida Supreme Court’s October ruling.

But even if lawmakers pass a new law this year, courts could be grappling with the fallout in the future. The court’s October ruling didn’t specify what should happen to ongoing capital murder cases or whether those on death row not sentenced by a unanimous jury have grounds for an appeal.

Bracy said he believes the Legislature should declare the unanimous jury provision to apply retroactively, but he hasn’t included it in his bill.