Proposed Legislation 2012

Florida Capital Resource Center's Legislative Initiatives - 2012

As Florida Capital Resource Center grows, so does our voice in Tallahassee!  Join us as we lobby for important legislative change in the areas of capital justice and criminal procedure to protect the rights of Florida's indigent defendants.  The following is a list of bills that Florida Capital is supporting or working to get introduced for the 2012 Legislative Sesssion:

 

Unanimous Sentencing in Capital Felonies:  Did you know that there are only two jurisdictions in the United States that allow anything less than a unanimous jury to recommend a death sentence?  Of the 34 states that currently retain the death penalty, Florida and Alabama are the only two that still do not require a unanimous jury.  However, only in Florida can a death recommendation come from just seven jurors (Alabama requires at least ten).  Florida Capital firmly believes that it is time for Florida to keep up with our nation's "evolving standards of decency" by joining these other jurisdictions in requiring unanimity before recommending death.  Thus, Florida Capital SUPPORTS this act.  Click below to read and track the bill: 

 

Unanimous Capital Sentencing and Judicial Override Act:  Did you know that Florida is one of just three jurisdictions in the United States that allows a judge to override a jury's recommendation for a life sentence and impose a death sentence instead?  While the Florida Legislature intended to create a rule providing judges a way of imposing a life sentence when that judge believed the jury recommended death for the wrong reasons, it has far more often been used to impose a death sentence after the jury recommended life.  Like the bill above, this bill will require a unanimous jury to recommend death.  However, this version of the bill also closes the judicial override loophole, allowing a judge to override an advisory sentence only if that sentence is a recommendation of death.  Click here to read the Unanimous Capital Sentencing and Judicial Override Act.

 

Economic Efficiency in Capital Justice Act:  It is no secret that the death penalty is expensive.  In fact, the Death Penalty Information Center reports that it costs Florida's tax payers about $51 million every year just to retain the death penalty, and that is $51 million beyond what it would cost to simply lock these defendants up for life without parole!  A large portion of those costs come from attorneys' fees.  That is because when a defendant is charged with a capital offense for which the penalty might be death, only "death-qualified" defense attorneys may be appointed to represent them, and these attorneys cost more money.  However, prosecutors often charge defendants with capital offenses even though they plan on reducing the charge later.  They do this simply for leverage in the plea-bargaining process.  But this strategy costs taxpayers money because even though the death penalty may never be sought, death-qualified attorneys must still be appointed and begin working on the case, adding up to unnecessarily expensive fees.  This bill would require that certain portions of these fees come from the State Attorney's budget, making prosecutors think twice before unfairly spending tax dollars on a case they never actually plan to prosecute.  Click here to read the Economic Efficiency in Capital Justice Act.

 

Mental Illness Culpability Act:  The death penalty is not for everyone.  In fact, it has long been said that the ultimate punishment of death should be reserved for the "worst of the worst."  Over time, the Supreme Court and State Legislatures have decided that certain groups of people (children, mentally retarded) simply cannot be held to the same level of culpability as those who are fully-functioning adults when they commit their crimes.  Simply put, while they require severe punishment, these people are not the "worst of the worst."  Though not considered legally retarded, some forms of mental illness can decrease a person's level of culpability for the same reasons - they simply do not fully understand the nature and consequences of their actions.  This bill would provide a limited exemption to the death penalty for those capital defendants who are shown to have certain types of severe mental illness when they committed their crimes.  Click here to read the Mental Illness Culpability Act.

 

As the 2012 Legislative Session draws near, check back for updates and to see what other important legislative initiatives you should be keeping track of.  Once Spring arrives, be sure to keep up with the legislative session by visiting the Florida House of Representatives and the Florida Senate on the web!  We encourage you to write your representatives to express the importance of the above initiatives.  To find out who your representatives are in each house, click here: