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MARVIN MANDEL, Governor 3801
more jurors could die or otherwise become unavailable
between the return of a guilty verdict and the
commencement of any sentencing proceeding. The longer
the delay involved the greater the risk which would be
presented.
20. The Florida pattern jury instructions confirm the
beyond a reasonable doubt standard for aggravating
circumstances but do not specifically deal with the
standard applicable to mitigating circumstances or the
weighing process.
21. The Administration Bill specifically applied a
beyond a reasonable doubt test as to aggravating
circumstances and a preponderance of the evidence test as
to mitigating circumstances and the weighing process.
22. We cannot say with any degree of certainty that the
Court of Appeals, in conjunction with the Rules
Committee, would consider adopting pattern jury
instructions of statewide application on the burden of
proof and other matters pertinent to capital punishment
trials. The Court of Appeals might well feel that it
lacks the power to adopt a rule governing a substantive
matter such as the burden of proof in a capital
sentencing proceeding, and even if it felt it possessed
the power to adopt such a rule, it might well choose not
to do so but to simply await the presentation of the
issue in a case brought upon appeal.
23. The Supreme Court did allude to the burden of proof
question in a limited way by quoting the statement of the
Florida Supreme Court in Tedder v. State, supra, bearing
on the burden imposed on a judge when he imposes the
death penalty contrary to the jury's recommendation.
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Senate Bill No. 135 - Public Works - Contracts with
Persons Convicted of Bribery
AN ACT concerning
Public Works - Contracts with Persons
Convicted of Bribery
FOR the purpose of diqualifying persons convicted of,
entering a plea of nolo contendere to, or admitting
certain bribery related offenses from entering into
certain governmental contracts; disqualifying
certain firms and corporations from entering into
such contracts under certain circumstances;
providing procedures for hearings requiring certain
reports by State's Attorneys, the Attorney General,
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