Ayala’s decision “goes beyond prosecutorial discretion and into the realm of dereliction of duty,” said House Judiciary Chairman Chris Sprowls, R-Palm Harbor, a former prosecutor in line to become speaker of the chamber in 2020.
Florida’s death penalty has been under a harsh spotlight since the U.S. Supreme Court in January 2016 decided that the state’s capital sentencing system violated the Sixth Amendment right to a trial by jury.
Florida lawmakers last year rushed to address the ruling. In part, they made a change to require that at least 10 of 12 jurors recommend death for the sentence to be imposed. But in October, a majority of the Florida Supreme Court struck down that law, finding that it was unconstitutional because it did not require unanimous jury decisions, something required in all other cases.
Lawmakers again scurried to address the issue during the first days of the legislative session that began last week, passing a measure requiring unanimous jury recommendations. Scott signed the measure into law on Monday.
