Does the automatic-resentencing-to-life provision of Florida Statutes Section 775.082(2) violate due-process, double-jeopardy, ex-post-facto

QUESTIONS PRESENTED 1. Does the Florida Supreme Court ruling that the provision of Florida Statutes Section 775.082(2) applies only if death is deemed unconstitutional as a form of criminal punishment violate the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution? 2. Does the Florida Supreme Court ruling allowing defendants who received non-unanimous, unconstitutional, jury death-sentence recommendations to be re-subjected to the risk of receiving the death penalty in a new penalty phase violate the prohibitions against double jeopardy contained in the Fifth Amendment to the United States Constitution? 3. Does the Florida Supreme Court’s ruling allowing defendants who received non-unanimous, unconstitutional, jury death-sentence recommendations to be re-subjected to the risk of receiving the death penalty in a new penalty phase trial violate the prohibitions against ex post facto laws contained in Article 1, Sections 9 and 10 of the United States Constitution? i