Gov. Ron DeSantis (R-FL) signed a bill Thursday that lowers the standard for convicted criminals to be sentenced to capital punishment.
The new law changes the required number of jurors to recommend the death penalty from a unanimous 12 of 12 to a supermajority of eight of 12. The change was pushed by DeSantis after the shooter in the 2018 Parkland school shooting escaped the death penalty in 2022.
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“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. “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.”
DeSantis signed the bill from his office in Tallahassee, surrounded by parents of the victims of the Parkland shooting.
Tony Montalto, father of Gina Montalto, 14, who was killed in the Parkland shooting, said the bill was about "victims' rights."
“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,” Montalto said in a statement. “Thank you to everyone who worked so hard on this bill.”
Only nine out of the 12 jurors recommended the death penalty for the Parkland shooter, leading DeSantis to plead for the legislature to take action.
"Fine, have a supermajority. But you can’t just say one person. So maybe eight out of 12 have to agree? Or something. But we can’t be in a situation where one person can just derail this,” DeSantis said at the Florida Sheriffs Association Winter Conference in January, expressing his frustration with the current system.
Republican state Rep. Berny Jacques and state Sen. Blaise Ingoglia filed identical bills in their chambers in February after DeSantis pleaded for the change.
“Florida will no longer allow a small handful of activist jurors to derail the full administration of justice when individuals are found guilty beyond a reasonable doubt and meet the qualifications for the death penalty,” Jacques said in a statement.
“The victims of the most evil crimes and their families deserve to see criminals punished to the full extent of the law,” Ingoglia said in a statement. “One rogue juror should not be the sole arbiter of justice. Thank you to the Parkland families, Gov. DeSantis, and Rep. Jacques for ensuring this doesn’t happen again.”
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The law only modifies the requirement for an individual to be sentenced to the death penalty after they have been convicted of a crime.
The change in jury agreement may not be the only change to the death penalty this legislative session, as the Florida House and Senate are weighing a bill that would allow capital punishment for felons who commit sexual battery on young children. The bill could prompt a legal challenge as it goes in opposition to the 2008 Supreme Court ruling in Kennedy v. Louisiana, which argued such a punishment for the crime was a violation of the Eight Amendment.