Mark Dean Schwab killed 11-year-old Junny Rios Martinez just a month after being released early from prison. He had already been convicted of raping a 13-year-old boy.

Executions in Florida have been on hold since December 2006 after the botched execution of Angel Diaz. Since then, the state says new procedures are in place; the execution chamber redesigned.

"The team warden will check the inmate to make sure he is unconscious before moving onto other drugs," said Gretl Plessinger, DOC spokesperson. "Basically he’ll shake the inmate, call his name. It’s similar to what a first responder would do."

The Florida Supreme Court rejected Schwab’s last minute appeal on Friday. His only hope lies with the US Supreme Court.

The American Civil Liberties Union says Florida could have made the execution process more open and didn’t.

"All the protocol now says if something goes wrong, immediately pull the curtains," said Larry Spalding, FL ACLU spokesman. "Don’t let the press, don’t let the public see what’s happening."

While the US Supreme Court has said executions are legal, it has sent the message that problems could trigger another review, which means Florida officials are on notice to get it right.