TALLAHASSEE, Fla. (WFLA) — The nation’s lowest threshold for issuing the death penalty is now law in Florida.
Thursday morning, Gov. Ron DeSantis delivered on his promise to sign a law no longer requiring unanimous jury consent to access the death penalty.
Now only eight of 12 jurors are needed to recommend capital punishment. Wiping out the previous unanimity requirement.
Judges could still override a jury’s decision but would have to give an explanation as to why in a written order.
The governor pushed for the reform and the legislature acted passing SB450 last week.
Many attribute the change to the Parkland shooter being spared the death penalty last year.
“A small handful of jurors were able to totally derail the full administration of justice, and we don’t think that’s right.” State Rep. Berny Jacques who sponsored the House’s version of the bill said. “It’s unfortunate that this case highlighted this flaw in our law, but now was the time for us to get it right, so other families do not suffer in this way.”
Tony Montalto lost his daughter Gina in the Parkland shooting and was at the bill signing Thursday.
“The governor took a great step today to ensure other families won’t suffer,” Montalto said. “I’ll just say that this bill, plain and simple, is about victims’ rights. The victims deserve to be heard. The victims deserve to have a chance to see the perpetrator of these heinous crimes punished to the fullest extent of the law.”
But there are some critics who are concerned with the change.
“The fact that we’re moving forward with this is concerning.” State Rep. Michelle Rayner-Goolsby a criminal defense attorney said. Also, calling the change political and worries Florida is lowering a vital threshold. “It feels that we’re using the pain of families to bolster a political agenda.”
Critics also raise concerns about Florida being a national leader in death row exonerations.
Floridians for Alternatives to the Death Penalty released the following statement: “This new law will be immediately challenged, and there will be extensive litigation, plunging the system – and victims’ families in particular – into decades of uncertainty and chaos.”
