CRC - 2017 P 36 By Commissioner Martinez martinezr-00054-17 201736__ 1 A proposal to amend 2 Section 17 of Article I of the State Constitution to 3 delete provisions authorizing the death penalty as a 4 punishment for capital crimes designated by the 5 Legislature and to provide for prospective 6 application. 7 8 Be It Proposed by the Constitution Revision Commission of 9 Florida: 10 11 Section 17 of Article I of the State Constitution is 12 amended to read: 13 ARTICLE I 14 DECLARATION OF RIGHTS 15 SECTION 17. Excessive punishments.—Excessive fines, cruel 16 and unusual punishment, attainder, forfeiture of estate, 17 indefinite imprisonment, and unreasonable detention of witnesses 18 are forbidden. Life imprisonment without the possibility for 19 release is the maximum penalty allowable
The death penalty is an20 authorized punishmentfor capital crimes designated by the 21 legislature. Except for the death penalty, which is prohibited, 22 the prohibition against cruel or unusual punishment, and the 23 prohibition against cruel and unusual punishment, shall be 24 construed in conformity with decisions of the United States 25 Supreme Court which interpret the prohibition against cruel and 26 unusual punishment provided in the Eighth Amendment to the 27 United States Constitution. Any method of execution shall be28 allowed, unless prohibited by the United States Constitution.29 Methods of execution may be designated by the legislature, and a30 change in any method of execution may be applied retroactively.31 A sentence of death shall not be reduced on the basis that a32 method of execution is invalid. In any case in which an33 execution method is declared invalid, the death sentence shall34 remain in force until the sentence can be lawfully executed by35 any valid method.This section does not shallapply 36 retroactively.