FL S0770

Creates section 921.135 of Florida Statutes to prohibit imposing a death sentence on defendants convicted of capital felonies if they had serious mental illness at the time of the offense.

Defines "serious mental illness" as any mental diagnosis, disability, or defect that significantly impairs a person's capacity to appreciate the nature or wrongfulness of conduct, exercise rational judgment, or conform conduct to law; excludes disorders manifested primarily by repeated criminal conduct or attributable solely to alcohol or drug use.

Requires defendants intending to raise serious mental illness as a bar to death penalty to provide notice and file a written motion no later than 90 days before trial, with court-appointed expert evaluations required if defendant has not been previously examined.

Mandates circuit court to conduct evidentiary hearing and find by clear and convincing evidence whether defendant had serious mental illness; if found, court must prohibit death penalty and stay proceedings 30 days to allow state appeal.

Allows individuals who completed state postconviction proceedings to file successive petitions by July 1, 2023 claiming serious mental illness at time of offense; if successful, death sentence must be vacated and replaced with life imprisonment without parole.