Skip to Navigation | Skip to Main Content | Skip to Site Map

Account: Sign Up | Login

Florida Constitution Revision Commission

PUB 700386: Expansion of Double Jeopardy Rights by Sean Kevin Gravel

ARTICLE I: DECLARATION OF RIGHTS, Section 9. Due process.

SECTION 9.Due process.

(1). No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

(2) The State shall not charge in an indictment or information two or more offenses which in the event of conviction on all counts would result in a violation of double jeopardy. This section shall not prohibit the State from requesting jury instructions on any mandatory or permissible lesser included offense.

(3) In all death penalty cases where the jury did not make a unanimous recommendation of death in violation of Hurst v. State, 202 So.3d 40 (Fla. 2016), the Supreme Court of Florida shall remand such cases for imposition of a life sentence.