DeLiberato filed the lawsuit with the U.S. district court in Jacksonville.
Wednesday's report coupled with the Oklahoma execution especially resonate for Florida death penalty opponents because of a new law passed last year aimed at speeding up executions. The Florida Supreme Court heard oral arguments in a challenge to the "Timely Justice Act" earlier this year, but has not yet rendered a decision.
Florida and other states began using lethal injection because it was considered more humane than the electric chair, said Stephen Harper, a Florida International University law professor who teaches a course on the death penalty, runs the school's death-penalty clinic and has represented numerous clients charged with capital crimes.
"I think what happened in Oklahoma sort of brought home the fact that the anti-death penalty advocates who were perceived as trying to impede the execution of clients, that there's some truth in what they were saying," he said.
An overdose of a single, anesthetic drug would be the best way to put people to death, Harper agreed.
"They go to sleep and they don't wake up. That would seem to be the most humane way to execute the person," he said.
Florida should "pause and figure out how best to implement its death penalty," Harper said. "Whether it will do that or not, I don't know. But lawyers are going to continue to challenge it."
The recommendation that capital punishment should not be imposed in the absence of a unanimous verdict is an even bigger issue for Florida, Harper and Kogan agreed.
It is "ridiculous" that Florida does not require unanimous decisions for death penalty sentences but does require unanimous decisions regarding the guilt phase, Kogan said.
"It's ludicrous to say you need a unanimous verdict to find somebody guilty and then after you find them guilty you don't need a unanimous verdict to sentence them to death. I think it defies logic," he told The News Service of Florida on Wednesday.
The committee also recommended doing away with another Florida practice that gives judges the power to override jury decisions regarding death penalty verdicts.