The proposed bill establishes new legal provisions in Florida regarding capital sex trafficking by creating section 787.062, which defines human trafficking and sets severe penalties for individuals convicted of trafficking minors or persons with diminished mental capacity for sexual exploitation. These offenses are classified as capital felonies, punishable by life imprisonment or death, depending on specific circumstances. The bill requires that if the prosecution intends to seek the death penalty, they must notify the defendant within 45 days of arraignment, outlining the aggravating factors they plan to present. Additionally, section 921.1427 is introduced to detail the procedures for separate death penalty proceedings, including jury determinations of aggravating factors and automatic reviews of death sentences by the Supreme Court.

House Bill 1283 further amends the imposition of the death penalty in Florida by considering factors such as the defendant's age and the potential risk to others during the crime. It allows for victim impact evidence to be introduced after establishing two or more aggravating factors, while prohibiting opinions about the crime or the defendant. The bill asserts that a death sentence may be imposed despite existing case law that may challenge its constitutionality and outlines procedures for higher court reviews of death sentences. It also expands the state's ability to appeal sentences in capital human trafficking cases and clarifies the process for determining intellectual disability in defendants facing the death penalty. The act is set to take effect on October 1, 2025.

Statutes affected:
H 1283 Filed: 921.137, 921.141