The proposed bill establishes new legal provisions in Florida regarding capital sex trafficking by creating section 787.062, which defines human trafficking and sets forth penalties for offenders who use physical force against vulnerable individuals, such as children under 12 or those with mental incapacities. These offenses are classified as capital felonies, with specific statutes outlining the penalties, including the procedures prosecutors must follow if they seek the death penalty. Additionally, the bill introduces section 921.1427, which mandates separate sentencing proceedings in capital cases, requiring juries to identify at least two aggravating factors to recommend a death sentence.

The legislation also includes provisions for the automatic review of death sentences by the Supreme Court within two years, specifies aggravating factors for sentencing, and outlines mitigating circumstances for consideration. It emphasizes the necessity of a written court order to support life imprisonment or death sentences, detailing the factors that must be addressed. Furthermore, the bill allows for the presentation of victim impact evidence to the jury after establishing aggravating factors, while prohibiting certain characterizations of the crime or defendant. It modifies the process for determining intellectual disability in death penalty cases and expands the state's ability to appeal sentences in capital human trafficking cases. The act is set to take effect on October 1, 2025.

Statutes affected:
S 1804 Filed: 921.137, 921.141