In the wake of the Florida Supreme Court's ruling invalidating the state's death penalty sentencing scheme, legislators are preparing to revise the sentencing statutes for the second time in as many years.

  • Judicial developments hot topic at 'Legislator University'
  • Legislature could choose to hold off on making changes while appeal runs course
  • Ruling could prompt new sentencing trials for current Death Row inmates

The October ruling mandates unanimous jury votes in order to hand down a death sentence. It overturned a portion of a reform package passed earlier this year that calls for supermajority votes of at least 10 out of 12 jurors.

The package was prompted by a U.S. Supreme Court decision striking down Florida's former death penalty sentencing procedure. That procedure gave judges, not juries, the ultimate authority to sentence someone to death.

The judicial developments were a hot topic at this week's 'Legislator University.' The series of courses, designed by Florida House Speaker Richard Corcoran (R-Land O'Lakes), are aimed at getting new and returning state representatives up to speed in advance of the 2017 legislative session.

"The legislature has made it clear that we didn't agree with the unanimous verdict requirement last session, but the Supreme Court has now spoken and I think that we'll probably review our options at this point," said Rep. Shawn Harrison (R-Tampa).

Those options could include tailoring the state's sentencing laws to conform with the court's ruling - as well as balking on the matter, at least for as long as an imminent legal challenge runs its course.

Attorney General Pam Bondi's office is preparing to appeal the state Supreme Court's ruling to the U.S. Supreme Court. Because the ruling concerns an issue largely germane to the Florida Constitution, some legal experts have expressed doubt about whether the appeal will succeed.

The state court's decision, however, could prompt new sentencing trials for roughly 200 death row inmates sentenced under the now-unconstitutional scheme.

"That's why we're seeking clarification," Bondi said. "If it is our great state attorneys, you know, twenty of them throughout the great state of Florida will handle it, and they'll handle the penalty phase. You know, we've often had to retry penalty cases. Hopefully that's not the case, though."