Bill Creating Additional Aggravating Factor for Death Penalty Moves in Senate

On April 10, the Senate Appropriations Committee on Criminal and Civil Justice approved SB 984, sponsored by Senator Joe Gruters (R-Miami), by a 6-2 vote. 

In Florida, when a person is found guilty of a capital crime, in order to recommend a sentence of death, the jury must unanimously find at least two “aggravating factors,” which are listed in the Florida Statutes. This proposed legislation would add a new aggravating factor for capital felonies when the victim was gathered with one or more people for a school activity, religious activity, or public government meeting.

Joe Harmon, FCCB's policy director, testified before the committee and shared agreement that such crimes are evil and tragic, and that the state has a duty to protect society. However, the FCCB remains opposed to the expansion of the death penalty. "In particular, in the present proposal, there is good reason to doubt the deterrence effect, when we have seen in so many cases that the perpetrator is a deeply disturbed individual who intends to die in the act," said Harmon. "We urge that death is not a good tool of justice in our society. Life imprisonment without the possibility of parole already serves a severe punishment and protects the public." 

SB 984 has one remaining committee of reference, Fiscal Policy. Companion HB 693, sponsored by Rep. Mike Redondo (R-Miami), was passed 96-10 by the full House on April 3.