Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1804
Ì558694YÎ558694
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2025 .
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The Appropriations Committee on Criminal and Civil Justice
(Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (i) through (k) of subsection (2) of
6 section 787.06, Florida Statutes, are redesignated as paragraphs
7 (j) through (l), a new paragraph (i) is added to that
8 subsection, subsections (5) through (13) are renumbered as
9 subsections (6) through (14), and a new subsection (5) is added
10 to that section, to read:
11 787.06 Human trafficking.—
12 (2) As used in this section, the term:
13 (i) “Sexual exploitation” means any violation of s.
14 794.011, excluding a violation of s. 794.011(10).
15 (5)(a) Any person 18 years of age or older who knowingly
16 initiates, organizes, plans, finances, directs, manages, or
17 supervises a venture that has subjected a child younger than 12
18 years of age, or a person who is mentally defective or mentally
19 incapacitated as those terms are defined in s. 794.011(1), to
20 human trafficking for sexual exploitation commits capital human
21 trafficking of vulnerable persons for sexual exploitation, a
22 capital felony punishable as provided in ss. 775.082 and
23 921.1427.
24 (b) For each instance of human trafficking of any
25 individual under paragraph (a), a separate crime is committed
26 and a separate punishment is authorized.
27 (c) In all capital cases under this subsection, the
28 procedure in s. 921.1427 shall be followed to determine a
29 sentence of death or life imprisonment.
30 (d) If the prosecutor intends to seek the death penalty,
31 the prosecutor must give notice to the defendant and file the
32 notice with the court within 45 days after arraignment. The
33 notice must contain a list of the aggravating factors the state
34 intends to prove and has reason to believe it can prove beyond a
35 reasonable doubt. The court may allow the prosecutor to amend
36 the notice upon a showing of good cause.
37 Section 2. Section 921.1427, Florida Statutes, is created
38 to read:
39 921.1427 Sentence of death or life imprisonment for capital
40 human trafficking of vulnerable persons for sexual exploitation;
41 further proceedings to determine sentence.—
42 (1) INTENT.—
43 (a) The Legislature finds that a person who commits the
44 offense of initiating, organizing, planning, financing,
45 directing, managing, or supervising a venture that has subjected
46 a child younger than 12 years of age, or a person who is
47 mentally defective or mentally incapacitated, to human
48 trafficking for sexual exploitation in violation of s. 787.06(5)
49 imposes a great risk of death and danger to vulnerable members
50 of this state. Such crimes exploit society’s most vulnerable
51 citizens, destroy the innocence of young children, and violate
52 all standards of decency held by civilized society, and persons
53 who commit such acts against such vulnerable persons may be
54 determined by the trier of fact to have a culpable mental state
55 of reckless indifference or disregard for human life.
56 (b) It is the intent of the Legislature that the procedure
57 in this section shall be followed, and a prosecutor must file
58 notice, as provided in s. 787.06(5), if he or she intends to
59 seek the death penalty.
60 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
61 conviction or an adjudication of guilt of a defendant of a
62 capital felony under s. 787.06(5), the court shall conduct a
63 separate sentencing proceeding to determine whether the
64 defendant should be sentenced to death or life imprisonment as
65 authorized by s. 775.082. The proceeding shall be conducted by
66 the trial judge before the trial jury as soon as practicable.
67 If, through impossibility or inability, the trial jury is unable
68 to reconvene for a hearing on the issue of penalty, having
69 determined the guilt of the accused, the trial judge may summon
70 a special juror or jurors as provided in chapter 913 to
71 determine the issue of the imposition of the penalty. If the
72 trial jury has been waived, or if the defendant pleaded guilty,
73 the sentencing proceeding shall be conducted before a jury
74 impaneled for that purpose, unless waived by the defendant. In
75 the proceeding, evidence may be presented as to any matter that
76 the court deems relevant to the nature of the crime and the
77 character of the defendant and shall include matters relating to
78 any of the aggravating factors enumerated in subsection (7) and
79 for which notice has been provided pursuant to s. 787.06(5) or
80 mitigating circumstances enumerated in subsection (8). Any such
81 evidence that the court deems to have probative value may be
82 received, regardless of its admissibility under the exclusionary
83 rules of evidence, provided the defendant is accorded a fair
84 opportunity to rebut any hearsay statements. However, this
85 subsection shall not be construed to authorize the introduction
86 of any evidence secured in violation of the United States
87 Constitution or the State Constitution. The state and the
88 defendant or the defendant’s counsel shall be permitted to
89 present argument for or against a sentence of death.
90 (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
91 subsection applies only if the defendant has not waived his or
92 her right to a sentencing proceeding by a jury.
93 (a) After hearing all of the evidence presented regarding
94 aggravating factors and mitigating circumstances, the jury shall
95 deliberate and determine if the state has proven, beyond a
96 reasonable doubt, the existence of at least two aggravating
97 factors set forth in subsection (7).
98 (b) The jury shall return findings identifying each
99 aggravating factor found to exist. A finding that at least two
100 aggravating factors exist must be unanimous. If the jury:
101 1. Does not unanimously find at least two aggravating
102 factors, the defendant is ineligible for a sentence of death.
103 2. Unanimously finds at least two aggravating factors, the
104 defendant is eligible for a sentence of death and the jury shall
105 make a recommendation to the court as to whether the defendant
106 shall be sentenced to life imprisonment without the possibility
107 of parole or to death. The recommendation shall be based on a
108 weighing of all of the following:
109 a. Whether sufficient aggravating factors exist.
110 b. Whether aggravating factors exist which outweigh the
111 mitigating circumstances found to exist.
112 c. Based on the considerations in sub-subparagraphs a. and
113 b., whether the defendant should be sentenced to life
114 imprisonment without the possibility of parole or to death.
115 (c) If at least eight jurors determine that the defendant
116 should be sentenced to death, the jury’s recommendation to the
117 court shall be a sentence of death. If fewer than eight jurors
118 determine that the defendant should be sentenced to death, the
119 jury’s recommendation to the court shall be a sentence of life
120 imprisonment without the possibility of parole.
121 (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
122 (a) If the jury has recommended a sentence of:
123 1. Life imprisonment without the possibility of parole, the
124 court shall impose the recommended sentence of life imprisonment
125 without the possibility of parole.
126 2. Death, the court, after considering each aggravating
127 factor found by the jury and all mitigating circumstances, may
128 impose a sentence of life imprisonment without the possibility
129 of parole or a sentence of death. The court may consider only an
130 aggravating factor that was unanimously found to exist by the
131 jury. The court may impose a sentence of death only if the jury
132 unanimously found at least two aggravating factors beyond a
133 reasonable doubt.
134 (b) If the defendant waived his or her right to a
135 sentencing proceeding by a jury, the court, after considering
136 all aggravating factors and mitigating circumstances, may impose
137 a sentence of life imprisonment without the possibility of
138 parole or a sentence of death. The court may impose a sentence
139 of death only if the court finds that at least two aggravating
140 factors have been proven to exist beyond a reasonable doubt.
141 (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
142 IMPRISONMENT OR DEATH.—In each case in which the court imposes a
143 sentence of life imprisonment without the possibility of parole
144 or death, the court shall, considering the records of the trial
145 and the sentencing proceedings, enter a written order addressing
146 the aggravating factors set forth in subsection (7) found to
147 exist, the mitigating circumstances in subsection (8) reasonably
148 established by the evidence, whether there are sufficient
149 aggravating factors to warrant the death penalty, and whether
150 the aggravating factors outweigh the mitigating circumstances
151 reasonably established by the evidence. The court shall include
152 in its written order the reasons for not accepting the jury’s
153 recommended sentence, if applicable. If the court does not issue
154 its order requiring the death sentence within 30 days after the
155 rendition of the judgment and sentence, the court shall impose a
156 sentence of life imprisonment without the possibility of parole
157 in accordance with s. 775.082.
158 (6) REVIEW OF JUDGMENT AND SENTENCE.—The judgment of
159 conviction and sentence of death shall be subject to automatic
160 review by the Supreme Court and disposition rendered within 2
161 years after the filing of a notice of appeal. Such review by the
162 Supreme Court shall have priority over all other cases and shall
163 be heard in accordance with rules adopted by the Supreme Court.
164 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
165 limited to the following:
166 (a) The capital felony was committed by a person previously
167 convicted of a felony violation under s. 787.06 and under
168 sentence of imprisonment or placed on community control or on
169 felony probation.
170 (b) The defendant was previously convicted of another
171 capital felony or of a felony involving the use or threat of
172 violence to the person.
173 (c) The capital felony was committed by a person designated
174 as a sexual predator pursuant to s. 775.21 or a person
175 previously designated as a sexual predator who had the sexual
176 predator designation removed.
177 (d) The capital felony was committed by a sexual offender
178 who is required to register pursuant to s. 943.0435 or a person
179 previously required to register as a sexual offender who had
180 such requirement removed.
181 (e) The defendant knowingly created a great risk of death
182 to one or more persons such that participation in the offense
183 constituted reckless indifference or disregard for human life.
184 (f) The defendant used a firearm or knowingly directed,
185 advised, authorized, or assisted another to use a firearm to
186 threaten, intimidate, assault, or injure a person in committing
187 the offense or in furtherance of the offense.
188 (g) The capital felony was especially heinous, atrocious,
189 or cruel.
190 (h) The victim of the capital felony was particularly
191 vulnerable due to age or disability, or because the defendant
192 stood in a position of familial or custodial authority over the
193 victim.
194 (i) The capital felony was committed by a person subject to
195 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
196 foreign protection order accorded full faith and credit pursuant
197 to s. 741.315, and was committed against the petitioner who
198 obtained the injunction or protection order or any spouse,
199 child, sibling, or parent of the petitioner.
200 (j) The victim of the capital felony sustained serious
201 bodily injury.
202 (8) MITIGATING CIRCUMSTANCES.—Mitigating circumstances
203 shall include the following:
204 (a) The defendant has no significant history of prior
205 criminal activity.
206 (b) The capital felony was committed while the defendant
207 was under the influence of extreme mental or emotional
208 disturbance.
209 (c) The defendant was an accomplice in the capital felony
210 committed by another person, and the defendant’s participation
211 was relatively minor.
212 (d) The defendant was under extreme duress or under the
213 substantial domination of another person.
214 (e) The capacity of the defendant to appreciate the
215 criminality of her or his conduct or to conform his or her
216 conduct to the requirements of law was substantially impaired.
217 (f) The age of the defendant at the time of the offense.
218 (g) The defendant could not have reasonably foreseen that
219 his or her conduct in the course of the commission of the
220 offense would cause or would create a grave risk of death to one
221 or more persons.
222 (h) The existence of any other factors in the defendant’s
223 background that would mitigate against imposition of the death
224 penalty.
225 (9) VICTIM IMPACT EVIDENCE.—Once the prosecution has
226 provided evidence of the existence of two or more aggravating
227 factors as described in subsection (7), the prosecution may
228 introduce, and subsequently argue, victim impact evidence to the
229 jury. Such evidence shall be designed to demonstrate the
230 victim’s uniqueness as an individual human being and the
231 physical and psychological harm to the victim. Characterizations
232 and opinions about the crime, the defendant, and the appropriate
233 sentence shall not be permitted as a part of victim impact
234 evidence.
235 (10) CONSTITUTIONALITY.—Notwithstanding s. 775.082(2) or s.
236 775.15, or any other provision of law, a sentence of death shall
237 be imposed under this section notwithstanding existing case law
238 which holds that such a sentence is unconstitutional under the
239 State Constitution and the United States Constitution. In any
240 case for which the Florida Supreme Court or the United States
241 Supreme Court reviews a sentence of death imposed pursuant to
242 this section, and in making such a review reconsiders the prior
243 holdings in Buford v. State of Florida, 403 So. 2d 943 (Fla.
244 1981), and Kennedy v. Louisiana, 554 U.S. 407 (2008), and
245 determines that a sentence of death remains unconstitutional,
246 the court having jurisdiction over the person previously
247 sentenced to death shall cause such person to be brought before
248 the court, and the court shall sentence such person to life
249 imprisonment as provided in s. 775.082(1).
250 (11) APPLICABILITY.—This section applies to any capital
251 felony under s. 787.06(5) that is committed on or after October
252 1, 2025.
253 Section 3. Paragraph (o) is added to subsection (1) of
254 section 924.07, Florida Statutes, to read:
255 924.07 Appeal by state.—
256 (1) The state may appeal from:
257 (o) The sentence in a case of capital human trafficking of
258 vulnerable persons for sexual exploitation on the ground that it
259 resulted from the circuit court’s failure to comply with
260 sentencing procedures under s. 921.1427, including by striking a
261 notice of intent to seek the death penalty, refusing to impanel
262 a capital jury, or otherwise granting relief that prevents the
263 state from seeking a sentence of death.
264 Section 4. Subsection (2) of section 92.565, Florida
265 Statutes, is amended to read:
266 92.565 Admissibility of confession in sexual abuse cases.—
267 (2) In any criminal action in which the defendant is
268 charged with a crime against a victim under s. 787.06(3),
269 involving commercial sexual activity; s. 787.06(5); s. 794.011;
270 s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual
271 abuse; s. 827.04, involving sexual abuse; s. 827.071; or s.
272 847.0135(5), or any other crime involving sexual abuse of
273 another, or with any attempt, solicitation, or conspiracy to
274 commit any of these crimes, the defendant’s memorialized
275 confession or admission is admissible during trial without the
276 state having to prove a corpus delicti of the crime if the court
277 finds in a hearing conducted outside the presence of the jury
278 that the state is unable to show the existence of each element
279 of the crime, and having so found, further finds that the
280 defendant’s confession or admission is trustworthy. Factors
281 which may be relevant in determining whether the state is unable
282 to show the existence of each element of the crime include, but
283 are not limited to, the fact that, at the time the crime was
284 committed, the victim was:
285 (a) Physically helpless, mentally incapacitated, or
286 mentally defective, as those terms are defined in s. 794.011;
287 (b) Physically incapacitated due to age, infirmity, or any
288 other cause; or
289 (c) Less than 12 years of age.
290 Section 5. Paragraph (e) of subsection (2) of section
291 456.51, Florida Statutes, is amended to read:
292 456.51 Consent for pelvic examinations.—
293 (2) A health care practitioner, a medical student, or any
294 other student receiving training as a health care practitioner
295 may not perform a pelvic examination on an anesthetized or
296 unconscious patient without the written consent of the patient
297 or the patient’s legal representative executed specific to, and
298 expressly identifying, the pelvic examination. If the patient is
299 conscious, informed verbal consent must be obtained for the
300 pelvic examination in addition to any written consent obtained.
301 Consent is not required if:
302 (e) The pelvic examination is administered pursuant to a
303 criminal investigation of an alleged violation related to child
304 abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g);
305 s. 787.06(5); chapter 794; chapter 796; chapter 800; chapter
306 827; or chapter 847.
307 Section 6. Paragraph (o) of subsection (1) of section
308 775.0877, Florida Statutes, is amended to read:
309 775.0877 Criminal transmission of HIV; procedures;
310 penalties.—
311 (1) In any case in which a person has been convicted of or
312 has pled nolo contendere or guilty to, regardless of whether
313 adjudication is withheld, any of the following offenses, or the
314 attempt thereof, which offense or attempted offense involves the
315 transmission of body fluids from one person to another:
316 (o) Sections 787.06(3)(b), (d), (f), and (g) and 787.06(5),
317 relating to human trafficking, the court shall order the
318 offender to undergo HIV testing, to be performed under the
319 direction of the Department of Health in accordance with s.
320 381.004, unless the offender has undergone HIV testing
321 voluntarily or pursuant to procedures established in s.
322 381.004(2)(h)6. or s. 951.27, or any other applicable law or
323 rule providing for HIV testing of criminal offenders or inmates,
324 subsequent to her or his arrest for an offense enumerated in
325 paragraphs (a)-(n) for which she or he was convicted or to which
326 she or he pled nolo contendere or guilty. The results of an HIV
327 test performed on an offender pursuant to this subsection are
328 not admissible in any criminal proceeding arising out of the
329 alleged offense.
330 Section 7. Paragraph (a) of subsection (4) of section
331 775.21, Florida Statutes, is amended to read:
332 775.21 The Florida Sexual Predators Act.—
333 (4) SEXUAL PREDATOR CRITERIA.—
334 (a) For a current offense committed on or after October 1,
335 1993, upon conviction, an offender shall be designated as a
336 “sexual predator” under subsection (5), and subject to
337 registration under subsection (6) and community and public
338 notification under subsection (7) if:
339 1. The felony is:
340 a. A capital, life, or first degree felony violation, or
341 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
342 is a minor, or s. 787.06(3)(f) or (g), where the victim is a
343 minor; s. 787.06(5); s. 794.011, s. 800.04, or s. 847.0145, or a
344 violation of a similar law of another jurisdiction; or
345 b. Any felony violation, or any attempt thereof, of s.
346 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
347 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
348 (d), (f), or (g); former s. 787.06(3)(h); s. 787.06(5); s.
349 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
350 former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s.
351 827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
352 895.03, if the court makes a written finding that the
353 racketeering activity involved at least one sexual offense
354 listed in this sub-subparagraph or at least one offense listed
355 in this sub-subparagraph with sexual intent or motive; s.
356 916.1075(2); or s. 985.701(1); or a violation of a similar law
357 of another jurisdiction, and the offender has previously been
358 convicted of or found to have committed, or has pled nolo
359 contendere or guilty to, regardless of adjudication, any
360 violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
361 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
362 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
363 787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05;
364 former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
365 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
366 847.0145; s. 895.03, if the court makes a written finding that
367 the racketeering activity involved at least one sexual offense
368 listed in this sub-subparagraph or at least one offense listed
369 in this sub-subparagraph with sexual intent or motive; s.
370 916.1075(2); or s. 985.701(1); or a violation of a similar law
371 of another jurisdiction;
372 2. The offender has not received a pardon for any felony or
373 similar law of another jurisdiction that is necessary for the
374 operation of this paragraph; and
375 3. A conviction of a felony or similar law of another
376 jurisdiction necessary to the operation of this paragraph has
377 not been set aside in any postconviction proceeding.
378 Section 8. Subsection (3) of section 787.01, Florida
379 Statutes, is amended to read:
380 787.01 Kidnapping; kidnapping of child under age 13,
381 aggravating circumstances.—
382 (3)(a) A person who commits the offense of kidnapping upon
383 a child under the age of 13 and who, in the course of committing
384 the offense, commits one or more of the following:
385 1. Aggravated child abuse, as defined in s. 827.03;
386 2. Sexual battery, as defined in chapter 794, against the
387 child;
388 3. Lewd or lascivious battery, lewd or lascivious
389 molestation, lewd or lascivious conduct, or lewd or lascivious
390 exhibition, in violation of s. 800.04 or s. 847.0135(5);
391 4. A violation of former s. 796.03 or s. 796.04, relating
392 to prostitution, upon the child;
393 5. Exploitation of the child or allowing the child to be
394 exploited, in violation of s. 450.151; or
395 6. A violation of s. 787.06(3)(g) or s. 787.06(5), relating
396 to human trafficking,
397 commits a life felony, punishable as provided in s. 775.082, s.
398 775.083, or s. 775.084.
399 (b) Pursuant to s. 775.021(4), nothing contained herein
400 shall be construed to prohibit the imposition of separate
401 judgments and sentences for the life felony described in
402 paragraph (a) and for each separate offense enumerated in
403 subparagraphs (a)1.-6. (a)1.-5.
404 Section 9. Subsection (3) of section 787.02, Florida
405 Statutes, is amended to read:
406 787.02 False imprisonment; false imprisonment of child
407 under age 13, aggravating circumstances.—
408 (3)(a) A person who commits the offense of false
409 imprisonment upon a child under the age of 13 and who, in the
410 course of committing the offense, commits any offense enumerated
411 in subparagraphs 1.-6. 1.-5., commits a felony of the first
412 degree, punishable by imprisonment for a term of years not
413 exceeding life or as provided in s. 775.082, s. 775.083, or s.
414 775.084.
415 1. Aggravated child abuse, as defined in s. 827.03;
416 2. Sexual battery, as defined in chapter 794, against the
417 child;
418 3. Lewd or lascivious battery, lewd or lascivious
419 molestation, lewd or lascivious conduct, or lewd or lascivious
420 exhibition, in violation of s. 800.04 or s. 847.0135(5);
421 4. A violation of former s. 796.03 or s. 796.04, relating
422 to prostitution, upon the child;
423 5. Exploitation of the child or allowing the child to be
424 exploited, in violation of s. 450.151; or
425 6. A violation of s. 787.06(3)(g) or s. 787.06(5), relating
426 to human trafficking.
427 (b) Pursuant to s. 775.021(4), nothing contained herein
428 shall be construed to prohibit the imposition of separate
429 judgments and sentences for the first degree offense described
430 in paragraph (a) and for each separate offense enumerated in
431 subparagraphs (a)1.-6. (a)1.-5.
432 Section 10. Subsection (4) of section 921.137, Florida
433 Statutes, is amended to read:
434 921.137 Imposition of the death sentence upon an
435 intellectually disabled defendant prohibited.—
436 (4) After a defendant who has given notice of his or her
437 intention to raise intellectual disability as a bar to the death
438 sentence is convicted of a capital felony and an advisory jury
439 has returned a recommended sentence of death, the defendant may
440 file a motion to determine whether the defendant is
441 intellectually disabled. Upon receipt of the motion, the court
442 shall appoint two experts in the field of intellectual
443 disabilities who shall evaluate the defendant and report their
444 findings to the court and all interested parties prior to the
445 final sentencing hearing. Notwithstanding s. 921.141, s.
446 921.142, or s. 921.1425, or s. 921.1427, the final sentencing
447 hearing shall be held without a jury. At the final sentencing
448 hearing, the court shall consider the findings of the court
449 appointed experts and consider the findings of any other expert
450 which is offered by the state or the defense on the issue of
451 whether the defendant has an intellectual disability. If the
452 court finds, by clear and convincing evidence, that the
453 defendant has an intellectual disability as defined in
454 subsection (1), the court may not impose a sentence of death and
455 shall enter a written order that sets forth with specificity the
456 findings in support of the determination.
457 Section 11. Subsection (9) of section 921.141, Florida
458 Statutes, is amended to read:
459 921.141 Sentence of death or life imprisonment for capital
460 felonies; further proceedings to determine sentence.—
461 (9) APPLICABILITY.— This section does not apply to a person
462 convicted or adjudicated guilty of a capital sexual battery
463 under s. 794.011, capital human trafficking of vulnerable
464 persons for sexual exploitation under s. 787.06(5), or a capital
465 drug trafficking felony under s. 893.135.
466 Section 12. Paragraph (h) of subsection (1) of section
467 943.0435, Florida Statutes, is amended to read:
468 943.0435 Sexual offenders required to register with the
469 department; penalty.—
470 (1) As used in this section, the term:
471 (h)1. “Sexual offender” means a person who meets the
472 criteria in sub-subparagraph a., sub-subparagraph b., sub
473 subparagraph c., or sub-subparagraph d., as follows:
474 a.(I) Has been convicted of committing, or attempting,
475 soliciting, or conspiring to commit, any of the criminal
476 offenses proscribed in the following statutes in this state or
477 similar offenses in another jurisdiction: s. 393.135(2); s.
478 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
479 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
480 s. 787.06(3)(h); s. 787.06(5); s. 794.011, excluding s.
481 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
482 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
483 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
484 847.0145; s. 895.03, if the court makes a written finding that
485 the racketeering activity involved at least one sexual offense
486 listed in this sub-sub-subparagraph or at least one offense
487 listed in this sub-sub-subparagraph with sexual intent or
488 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
489 committed in this state which has been redesignated from a
490 former statute number to one of those listed in this sub-sub
491 subparagraph; and
492 (II) Has been released on or after October 1, 1997, from a
493 sanction imposed for any conviction of an offense described in
494 sub-sub-subparagraph (I) and does not otherwise meet the
495 criteria for registration as a sexual offender under chapter 944
496 or chapter 985. For purposes of this sub-sub-subparagraph, a
497 sanction imposed in this state or in any other jurisdiction
498 means probation, community control, parole, conditional release,
499 control release, or incarceration in a state prison, federal
500 prison, contractor-operated correctional facility, or local
501 detention facility. If no sanction is imposed, the person is
502 deemed to be released upon conviction;
503 b. Establishes or maintains a residence in this state and
504 who has not been designated as a sexual predator by a court of
505 this state but who has been designated as a sexual predator, as
506 a sexually violent predator, or any other sexual offender
507 designation in another state or jurisdiction and was, as a
508 result of such designation, subjected to registration or
509 community or public notification, or both, or would be if the
510 person were a resident of that state or jurisdiction, without
511 regard to whether the person otherwise meets the criteria for
512 registration as a sexual offender;
513 c. Establishes or maintains a residence in this state who
514 is in the custody or control of, or under the supervision of,
515 any other state or jurisdiction as a result of a conviction for
516 committing, or attempting, soliciting, or conspiring to commit,
517 any of the criminal offenses proscribed in the following
518 statutes or similar offense in another jurisdiction: s.
519 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
520 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
521 (d), (f), or (g); former s. 787.06(3)(h); s. 787.06(5); s.
522 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
523 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
524 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
525 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
526 makes a written finding that the racketeering activity involved
527 at least one sexual offense listed in this sub-subparagraph or
528 at least one offense listed in this sub-subparagraph with sexual
529 intent or motive; s. 916.1075(2); or s. 985.701(1); or any
530 similar offense committed in this state which has been
531 redesignated from a former statute number to one of those listed
532 in this sub-subparagraph; or
533 d. On or after July 1, 2007, has been adjudicated
534 delinquent for committing, or attempting, soliciting, or
535 conspiring to commit, any of the criminal offenses proscribed in
536 the following statutes in this state or similar offenses in
537 another jurisdiction when the juvenile was 14 years of age or
538 older at the time of the offense:
539 (I) Section 794.011, excluding s. 794.011(10);
540 (II) Section 800.04(4)(a)2. where the victim is under 12
541 years of age or where the court finds sexual activity by the use
542 of force or coercion;
543 (III) Section 800.04(5)(c)1. where the court finds
544 molestation involving unclothed genitals;
545 (IV) Section 800.04(5)(d) where the court finds the use of
546 force or coercion and unclothed genitals; or
547 (V) Any similar offense committed in this state which has
548 been redesignated from a former statute number to one of those
549 listed in this sub-subparagraph.
550 2. For all qualifying offenses listed in sub-subparagraph
551 1.d., the court shall make a written finding of the age of the
552 offender at the time of the offense.
553 For each violation of a qualifying offense listed in this
554 subsection, except for a violation of s. 794.011, the court
555 shall make a written finding of the age of the victim at the
556 time of the offense. For a violation of s. 800.04(4), the court
557 shall also make a written finding indicating whether the offense
558 involved sexual activity and indicating whether the offense
559 involved force or coercion. For a violation of s. 800.04(5), the
560 court shall also make a written finding that the offense did or
561 did not involve unclothed genitals or genital area and that the
562 offense did or did not involve the use of force or coercion.
563 Section 13. Paragraph (f) of subsection (1) of section
564 944.606, Florida Statutes, is amended to read:
565 944.606 Sexual offenders; notification upon release.—
566 (1) As used in this section, the term:
567 (f) “Sexual offender” means a person who has been convicted
568 of committing, or attempting, soliciting, or conspiring to
569 commit, any of the criminal offenses proscribed in the following
570 statutes in this state or similar offenses in another
571 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
572 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
573 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
574 787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05;
575 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
576 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
577 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
578 if the court makes a written finding that the racketeering
579 activity involved at least one sexual offense listed in this
580 paragraph or at least one offense listed in this paragraph with
581 sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or
582 any similar offense committed in this state which has been
583 redesignated from a former statute number to one of those listed
584 in this subsection, when the department has received verified
585 information regarding such conviction; an offender’s
586 computerized criminal history record is not, in and of itself,
587 verified information.
588 Section 14. Paragraph (f) of subsection (1) of section
589 944.607, Florida Statutes, is amended to read:
590 944.607 Notification to Department of Law Enforcement of
591 information on sexual offenders.—
592 (1) As used in this section, the term:
593 (f) “Sexual offender” means a person who is in the custody
594 or control of, or under the supervision of, the department or is
595 in the custody of a contractor-operated correctional facility:
596 1. On or after October 1, 1997, as a result of a conviction
597 for committing, or attempting, soliciting, or conspiring to
598 commit, any of the criminal offenses proscribed in the following
599 statutes in this state or similar offenses in another
600 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
601 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
602 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
603 787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05;
604 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
605 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
606 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
607 if the court makes a written finding that the racketeering
608 activity involved at least one sexual offense listed in this
609 subparagraph or at least one offense listed in this subparagraph
610 with sexual intent or motive; s. 916.1075(2); or s. 985.701(1);
611 or any similar offense committed in this state which has been
612 redesignated from a former statute number to one of those listed
613 in this paragraph; or
614 2. Who establishes or maintains a residence in this state
615 and who has not been designated as a sexual predator by a court
616 of this state but who has been designated as a sexual predator,
617 as a sexually violent predator, or by another sexual offender
618 designation in another state or jurisdiction and was, as a
619 result of such designation, subjected to registration or
620 community or public notification, or both, or would be if the
621 person were a resident of that state or jurisdiction, without
622 regard as to whether the person otherwise meets the criteria for
623 registration as a sexual offender.
624 Section 15. Subsection (1) of section 948.32, Florida
625 Statutes, is amended to read:
626 948.32 Requirements of law enforcement agency upon arrest
627 of persons for certain sex offenses.—
628 (1) When any state or local law enforcement agency
629 investigates or arrests a person for committing, or attempting,
630 soliciting, or conspiring to commit, a violation of s.
631 787.025(2)(c), s. 787.06(3)(g), s. 787.06(5), chapter 794,
632 former s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
633 847.0135, or s. 847.0145, the law enforcement agency shall
634 contact the Department of Corrections to verify whether the
635 person under investigation or under arrest is on probation,
636 community control, parole, conditional release, or control
637 release.
638 Section 16. Subsection (2) of section 960.065, Florida
639 Statutes, is amended to read:
640 960.065 Eligibility for awards.—
641 (2) Any claim filed by or on behalf of a person who:
642 (a) Committed or aided in the commission of the crime upon
643 which the claim for compensation was based;
644 (b) Was engaged in an unlawful activity at the time of the
645 crime upon which the claim for compensation is based, unless the
646 victim was engaged in prostitution as a result of being a victim
647 of human trafficking as described in s. 787.06(3)(b), (d), (f),
648 or (g), or s. 787.06(5);
649 (c) Was in custody or confined, regardless of conviction,
650 in a county or municipal detention facility, a state or federal
651 correctional facility, or a juvenile detention or commitment
652 facility at the time of the crime upon which the claim for
653 compensation is based;
654 (d) Has been adjudicated as a habitual felony offender,
655 habitual violent offender, or violent career criminal under s.
656 775.084; or
657 (e) Has been adjudicated guilty of a forcible felony
658 offense as described in s. 776.08, is ineligible for an award.
659 Section 17. This act shall take effect October 1, 2025.
660
661 ================= T I T L E A M E N D M E N T ================
662 And the title is amended as follows:
663 Delete everything before the enacting clause
664 and insert:
665 A bill to be entitled
666 An act relating to capital human trafficking of
667 vulnerable persons for sexual exploitation; An act
668 relating to capital human trafficking of vulnerable
669 persons for sexual exploitation; amending s. 787.06,
670 F.S.; providing a definition; prohibiting a person 18
671 years of age or older from knowingly initiating,
672 organizing, planning, financing, directing, managing,
673 or supervising a venture that has subjected a child
674 younger than 12 years of age, or a person who is
675 mentally defective or mentally incapacitated to human
676 trafficking for sexual exploitation; providing a
677 criminal penalty; requiring the state to give a
678 specified notice if it intends to seek the death
679 penalty for a violation of the offense; creating s.
680 921.1427, F.S.; providing legislative intent;
681 providing for separate death penalty proceedings in
682 certain cases; providing for findings and recommended
683 sentences by a jury; providing for imposition of
684 sentence of life imprisonment or death; providing
685 requirements for a court order in support of a life
686 imprisonment or death sentence; providing for
687 automatic review of sentences of death within a
688 certain time period; specifying aggravating factors
689 and mitigating circumstances; providing for victim
690 impact evidence; providing for resentencing if
691 provisions are found to be unconstitutional; providing
692 applicability; amending s. 924.07, F.S.; authorizing
693 the state to appeal from a sentence on the ground that
694 it resulted from the failure of the circuit court to
695 comply with specified sentencing procedure
696 requirements; amending ss. 92.565, 456.51, 775.0877,
697 775.21, 787.01, 787.02, 921.137, 921.141, 943.0435,
698 944.606, 944.607, 948.32, and 960.065, F.S.;
699 conforming provisions to changes made by the act;
700 providing an effective date.