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Death Penalty Legislation One Step Closer To Passing

Florida Dept. of Corrections
Florida's execution chamber.

The death penalty might soon be back in Florida.

Legislation that sets up new guidelines on how to hand down that sentence passed a final Senate committee Thursday. Florida had to rewrite these procedures after the U.S. Supreme Court struck them down earlier this year.

Last week the Florida House passed a bill that requires 10 of 12 jurors to agree to the death sentence, but until Thursday's committee meeting, the Senate version would have required a unanimous jury.

Sen. Greg Evers, a Republican representing a western Florida Panhandle district,  says reducing the requirements from unanimous to 10 jurors was part of a compromise with the House.

“In a process to try and bring this thing in for a landing, there was an agreement between the House and the Senate that we would do a 10-2 in lieu of a 9-3 or unanimity,” said Evers at the committee hearing.

This amended legislation passed amidst some concern that not requiring a unanimous jury would open the state to yet another constitutional challenge in the future. Florida is one of only three states that does not require a unanimous jury in handing down the death penalty.

Rex Dimmig,  with the Florida Public Defenders Association, spoke out against the compromise.

“We got where we are with questioning jurors' ability to do their duties,” said Dimmig of the recent Supreme Court decision. “Frankly, that’s what we’re talking about here, saying that we the government  do not trust the citizens… to do their sworn duty.”

Now that the Senate and House bills are in line with each other on this big question, the legislation is expected to pass both houses without much of a fight.

March 17 is the next scheduled execution date in Florida.

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