The Florida Death Penalty Statute Florida Statutes (1993) 921.141 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. --- (1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY. Upon conviction or adjudication of guilt of a defendant of a capital felony, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 775.082. The proceeding shall be conducted by the trial judge …
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…argue, victim impact evidence. Such evidence shall be designed to demonstrate the victim's uniqueness as an individual human being and the resultant loss to the community's members by the victim's death. Characterizations and opinions about the crime, the defendant, and the appropriate sentence shall not be permitted as a part of victim impact evidence. (8) APPLICABILITY. This section does not apply to a person convicted or adjudicated guilty of a capital drug trafficking felony under s. 893.135.