1(1) 2FINDINGS.3-4The Legislature finds that trafficking in cocaine or opiates carries a grave risk of death or danger to the public; that a reckless disregard for human life is implicit in knowingly trafficking in cocaine or opiates; and that persons who traffic in cocaine or opiates may be determined by the trier of fact to have a culpable mental state of reckless indifference or disregard for human life.
71(2) 72SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.78-79Upon conviction or adjudication of guilt of a defendant of a capital felony under s. 94893.135, 95the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 120775.082121. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge may summon a special juror or jurors as provided in chapter 913 to determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose, unless waived by the defendant. In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating factors enumerated in subsection (7) and for which notice has been provided pursuant to s. 275782.04(1)(b) 276or mitigating circumstances enumerated in subsection (8). Any such evidence that the court deems to have probative value may be received, regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the Constitution of the State of Florida. The state and the defendant or the defendant’s counsel shall be permitted to present argument for or against sentence of death. 373(3) 374FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.381-382This subsection applies only if the defendant has not waived his or her right to a sentencing proceeding by a jury.403(a) 404After hearing all of the evidence presented regarding aggravating factors and mitigating circumstances, the jury shall deliberate and determine if the state has proven, beyond a reasonable doubt, the existence of at least one aggravating factor set forth in subsection (7).
445(b) 446The jury shall return findings identifying each aggravating factor found to exist. A finding that an aggravating factor exists must be unanimous. If the jury:4711. 472Does not unanimously find at least one aggravating factor, the defendant is ineligible for a sentence of death.
4902. 491Unanimously finds at least one aggravating factor, the defendant is eligible for a sentence of death and the jury shall make a recommendation to the court as to whether the defendant shall be sentenced to life imprisonment without the possibility of parole or to death. The recommendation shall be based on a weighing of all of the following:549a. 550Whether sufficient aggravating factors exist.
555b. 556Whether aggravating factors exist which outweigh the mitigating circumstances found to exist.
568c. 569Based on the considerations in sub-subparagraphs a. and b., whether the defendant should be sentenced to life imprisonment without the possibility of parole or to death.
595(c) 596If a unanimous jury determines that the defendant should be sentenced to death, the jury’s recommendation to the court shall be a sentence of death. If a unanimous jury does not determine that the defendant should be sentenced to death, the jury’s recommendation to the court shall be a sentence of life imprisonment without the possibility of parole.
654(4) 655IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.663-664(a) 665If the jury has recommended a sentence of:6731. 674Life imprisonment without the possibility of parole, the court shall impose the recommended sentence.
6882. 689Death, the court, after considering each aggravating factor found by the jury and all mitigating circumstances, may impose a sentence of life imprisonment without the possibility of parole or a sentence of death. The court may consider only an aggravating factor that was unanimously found to exist by the jury.
739(b) 740If the defendant waived his or her right to a sentencing proceeding by a jury, the court, after considering all aggravating factors and mitigating circumstances, may impose a sentence of life imprisonment without the possibility of parole or a sentence of death. The court may impose a sentence of death only if the court finds at least one aggravating factor has been proven to exist beyond a reasonable doubt.
809(5) 810ORDER OF THE COURT IN SUPPORT OF SENTENCE OF DEATH.820-821In each case in which the court imposes a death sentence, the court shall, considering the records of the trial and the sentencing proceedings, enter a written order addressing the aggravating factors set forth in subsection (7) found to exist, the mitigating circumstances in subsection (8) reasonably established by the evidence, whether there are sufficient aggravating factors to warrant the death penalty, and whether the aggravating factors outweigh the mitigating circumstances reasonably established by the evidence. If the court does not issue its order requiring the death sentence within 30 days after the rendition of the judgment and sentence, the court shall impose a sentence of life imprisonment without the possibility of parole in accordance with s. 938775.082939. 940(6) 941REVIEW OF JUDGMENT AND SENTENCE.946-947The judgment of conviction and sentence of death shall be subject to automatic review and disposition rendered by the Supreme Court of Florida within 2 years after the filing of a notice of appeal. Such review by the Supreme Court shall have priority over all other cases and shall be heard in accordance with rules promulgated by the Supreme Court.
1007(7) 1008AGGRAVATING FACTORS.1010-1011Aggravating factors shall be limited to the following:1019(a) 1020The capital felony was committed by a person under a sentence of imprisonment.
1033(b) 1034The defendant was previously convicted of another capital felony or of a state or federal offense involving the distribution of a controlled substance which is punishable by a sentence of at least 1 year of imprisonment.
1070(c) 1071The defendant knowingly created grave risk of death to one or more persons such that participation in the offense constituted reckless indifference or disregard for human life.
1098(d) 1099The defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a firearm to threaten, intimidate, assault, or injure a person in committing the offense or in furtherance of the offense.
1134(e) 1135The offense involved the distribution of controlled substances to persons under the age of 18 years, the distribution of controlled substances within school zones, or the use or employment of persons under the age of 18 years in aid of distribution of controlled substances.
1179(f) 1180The offense involved distribution of controlled substances known to contain a potentially lethal adulterant.
1194(g) 1195The defendant:11971. 1198Intentionally killed the victim;
12022. 1203Intentionally inflicted serious bodily injury that resulted in the death of the victim; or
12173. 1218Intentionally engaged in conduct intending that the victim be killed or that lethal force be employed against the victim, which resulted in the death of the victim.
1245(h) 1246The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.
1268(i) 1269The defendant committed the offense after planning and premeditation.
1278(j) 1279The defendant committed the offense in a heinous, cruel, or depraved manner in that the offense involved torture or serious physical abuse to the victim.
1304(8) 1305MITIGATING CIRCUMSTANCES.1307-1308Mitigating circumstances shall include the following:1314(a) 1315The defendant has no significant history of prior criminal activity.
1325(b) 1326The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.
1344(c) 1345The defendant was an accomplice in the capital felony committed by another person, and the defendant’s participation was relatively minor.
1365(d) 1366The defendant was under extreme duress or under the substantial domination of another person.
1380(e) 1381The capacity of the defendant to appreciate the criminality of her or his conduct or to conform her or his conduct to the requirements of law was substantially impaired.
1410(f) 1411The age of the defendant at the time of the offense.
1422(g) 1423The defendant could not have reasonably foreseen that her or his conduct in the course of the commission of the offense would cause or would create a grave risk of death to one or more persons.
1459(h) 1460The existence of any other factors in the defendant’s background that would mitigate against imposition of the death penalty.
1479(9) 1480VICTIM IMPACT EVIDENCE.1483-1484Once the prosecution has provided evidence of the existence of one or more aggravating factors as described in subsection (7), the prosecution may introduce, and subsequently argue, victim impact evidence. Such evidence shall be designed to demonstrate the victim’s uniqueness as an individual human being and the resultant loss to the community’s members by the victim’s death. Characterizations and opinions about the crime, the defendant, and the appropriate sentence shall not be permitted as a part of victim impact evidence.
