In Section 922.105, Florida Statutes, the Legislature has
given the DOC unfettered discretion to devise a method by which
to execute a human being in a manner that complies with the
Eighth Amendment – a task which clearly requires specialized
knowledge and training – and has given the DOC carte blanche to
do so behind closed doors, without the safeguards that the APA
rulemaking procedures provide and without providing any
alternative procedures to ensure that the DOC makes its policies
in an informed and unbiased manner.23
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