Florida Gov. Ron DeSantis gave final approval to a measure that puts an end to the requirement that all jury members need to vote unanimously to recommend the death penalty in capital cases.
The new law, also referred to as Senate Bill 450, now requires just eight out of the total 12 jury members to vote in favor of execution before a judge in a capital felony trial can sentence a defendant to death.
“Once a defendant in a capital case is found guilty by a unanimous jury, one juror should not be able to veto a capital sentence,” DeSantis said in a statement.
The measure affects only the penalty phase of capital trials. It doesn’t have any impact on the requirement to convict a defendant, which needs a unanimous vote from the jury.
Out of the 27 U.S. states that impose the death penalty, Florida now joins three other states that do not require a unanimous jury in capital cases. Alabama allows a 10-2 decision. In Missouri and Indiana, when there is a divided jury, a judge can reach the decision instead.
Aftermath of Parkland Verdict
“I’m proud to sign legislation that will prevent families from having to endure what the Parkland families have and ensure proper justice will be served in the state of Florida,” said DeSantis.He was referring to one of the deadliest school shootings in U.S. history. In October 2022, a jury failed to reach a unanimous decision for Nikolas Cruz, who was convicted of killing 17 people in 2018 at Marjory Stoneman Douglas High School in Parkland, Florida.
In the case, three jurors voted against a death sentence, which meant Cruz was sentenced to life in prison without the possibility of parole, according to the Death Penalty Information Center.
DeSantis pushed for the legislation after Cruz was spared from execution.
“A few months ago, we endured another tragic failure of the justice system. Today’s change in Florida law will hopefully save other families from the injustices we have suffered,” said Ryan Petty, father of Alaina, who was 14 when she died in the 2018 shooting.
“This bill is about victims’ rights, plain and simple. It allows the victims of heinous crimes a chance to get justice and have the perpetrators punished to the full extent of the law,” Tony Montalto, father of Gina, another victim. “Thank you to everyone who worked so hard on this bill.”
DeSantis said the bill would “ensure proper justice” is delivered in future cases. He was surrounded by the victims’ parents when he signed SB 450.
The legislation had received strong support in the state’s Republican-controlled legislature.
Florida had for decades not required a unanimous jury verdict in capital punishment—it was enough to have the majority in favor of the penalty for a judge to deal the sentence. However, in 2016, the U.S. Supreme Court said the state law let judges have too much discretion, and tossed out the law.
The state Legislature then passed a bill requiring a 10-2 jury recommendation, but the state Supreme Court said such recommendations should be unanimous, prompting lawmakers in 2017 to require a unanimous jury.
Three years later, the state Supreme Court, with new conservative jurists appointed by DeSantis, rescinded its earlier decision and ruled that a death recommendation does not need to be unanimous. Florida’s unanimity standard had remained untouched, though there was no overwhelming desire to change state law before the Cruz case.
