TALLAHASSEE - An effort to bring Florida in line with other states that use the death penalty by requiring unanimous jury recommendations before someone is sentenced to death has stalled in the state Legislature.

Rep. Jack Seiler, D-Wilton Manors, had introduced legislation that would require a death sentence to be rendered by a unanimous verdict. But Seiler withdrew the bill after he found that members of the House Justice Council would not support it.

In fact, the chairman of the Justice Council, Rep. Bruce Kyle, R-Fort Myers, recently introduced a resolution proclaiming that the Florida House of Representatives stood behind current Florida law, which allows juries to recommend death sentences with a majority vote.

"After having spoken to members of both the Senate and the House, and talking to a number of people on the House Justice Council, I found that there was no chance we were going to do that this year," Seiler said about his proposal.

Trial judges have final sentencing authority in Florida's death penalty procedure, but must give "great weight" to a jury's sentencing recommendation.

Seiler introduced the legislation after one of the most conservative members of the Florida Supreme Court wrote in an opinion that the Legislature should reconsider the way Florida handles jury sentencing in death-penalty cases.

Prosecutors argued against the legislation during the workshop held by the Justice Council. Seiler said those who support current law argued that the change might allow convicted murderers like Joseph P. Smith to avoid the death penalty.

A Sarasota jury in November found Smith guilty of the rape and murder of 11-year-old Carlie Brucia and recommended that he be sentenced to death by a 10-2 vote.

Now that the Legislature isn't reconsidering the sentencing procedure, Seiler hopes the Florida Supreme Court or the U.S. Supreme Court doesn't make a death penalty decision in the next year that causes lawmakers to look short-sighted.

Seiler said he supports the death penalty.

"I think that if you are truly going to be a proponent you have to make sure you use it wisely and judiciously and in a Constitutional fashion," he said.

Larry Spalding, a lobbyist for the American Civil Liberties Union, said the Florida Supreme Court sent a clear signal to lawmakers that it wanted the Legislature to take up the matter instead of the court.

"There are a couple of U.S. Supreme Court opinions that suggest unanimous juries are required in certain circumstances," Spalding said. "I'm just disappointed. (The Legislature is) proceeding at (its) own peril. Other legislatures that were in the same position changed this law."

Kyle's resolution argues that one juror should not be able to override the "reasoned judgment" of 11 other jurors, and says the U.S. Supreme Court has never ruled in a majority opinion that juries must give a unanimous recommendation for the death penalty.

The resolution states that some of Florida's most "notorious and heinous murderers, including Theodore Bundy and Aileen Wuornos," were sentenced to death by less-than-unanimous juries, "and these death sentences were just and appropriate despite the lack of unanimity."

Stephen Majors, Tallahassee reporter for The Herald covering state politics, can be reached at smajors@HeraldToday.com.

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