Florida Senate - 2025                                    SB 1804
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01122A-25                                          20251804__
    1                        A bill to be entitled                      
    2         An act relating to capital sex trafficking; creating
    3         s. 787.062, F.S.; providing legislative findings;
    4         providing definitions; providing penalties for persons
    5         convicted of the capital felony of human trafficking
    6         by use of physical force upon certain persons for sex;
    7         providing requirements for sentencing in certain
    8         capital cases; providing requirements for prosecutors
    9         of such cases; creating s. 921.1427, F.S.; providing
   10         legislative findings and intent; providing
   11         requirements for separate sentencing proceedings in
   12         certain capital felony cases; providing construction;
   13         providing applicability; providing for findings and
   14         recommended sentences by a jury; providing
   15         requirements for imposition of a sentence of life
   16         imprisonment or a sentence of death; providing
   17         requirements for a written court order in support of a
   18         sentence of life imprisonment or a sentence of death;
   19         providing for automatic review of sentences of death
   20         within a certain time period; specifying aggravating
   21         factors and mitigating circumstances; providing for
   22         victim impact evidence; providing for resentencing if
   23         provisions are found to be unconstitutional; providing
   24         applicability; amending s. 924.07, F.S.; authorizing
   25         the state to appeal from a sentence on the ground that
   26         it resulted from the failure of the circuit court to
   27         comply with specified sentencing procedure
   28         requirements; amending ss. 921.137 and 921.141, F.S.;
   29         conforming provisions to changes made by the act;
   30         providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 787.062, Florida Statutes, is created to
   35  read:
   36         787.062Capital sex trafficking.—
   37         (1)The Legislature finds that human trafficking is a form
   38  of modern-day slavery, and victims of such schemes include young
   39  children, young teenagers, and persons with diminished mental
   40  capacity. The Legislature finds that victims of human
   41  trafficking are subjected to force for the purpose of sexual
   42  exploitation. Such crimes destroy the innocence of young
   43  children and violate all standards of decency held by civilized
   44  society.
   45         (2)As used in this section, the term:
   46         (a)“Human trafficking” has the same meaning as provided in
   47  s. 787.06(2).
   48         (b)“Physical force” means the touching, striking, causing
   49  of bodily harm, confining, or restraining of another.
   50         (c)“Sexual violence” means an act of any of the following:
   51         1.Sexual battery, as defined in s. 794.011(1).
   52         2.Lewd or lascivious battery, as defined in s. 800.04(4).
   53         3.Lewd or lascivious molestation, as defined in s.
   54  800.04(5).
   55         4.Lewd or lascivious conduct, as defined in s. 800.04(6).
   56         5.Sadomasochistic abuse or sexual bestiality as those
   57  terms are defined in s. 827.071(1).
   58         (3)(a)Except as provided in paragraph (b), a person who
   59  knowingly engages in human trafficking by use of physical force
   60  for sexual violence upon a child less than 12 years of age, or
   61  upon a person who is mentally defective or mentally
   62  incapacitated as those terms are defined in s. 794.011(1),
   63  commits a capital felony, punishable as provided in ss. 775.082
   64  and 921.1427.
   65         (b)A person younger than 18 years of age who commits an
   66  offense under this subsection commits a life felony, punishable
   67  as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084.
   68         (4)In all capital cases under this section, the procedure
   69  in s. 921.1427 shall be followed to determine a sentence of
   70  death or life imprisonment. If the prosecutor intends to seek
   71  the death penalty, the prosecutor must give notice to the
   72  defendant and file the notice with the court within 45 days
   73  after arraignment. The notice must contain a list of the
   74  aggravating factors the state intends to prove and has reason to
   75  believe it can prove beyond a reasonable doubt. The court may
   76  allow the prosecutor to amend the notice upon a showing of good
   77  cause.
   78         Section 2. Section 921.1427, Florida Statutes, is created
   79  to read:
   80         921.1427Sentence of death or life imprisonment for capital
   81  sex trafficking; further proceedings to determine sentence.—
   82         (1)FINDINGS; INTENT.—
   83         (a)The Legislature finds that a person who commits the act
   84  of human trafficking for sex of a person younger than 12 years
   85  of age carries a great risk of death and danger to vulnerable
   86  members of this state. Such crimes destroy the innocence of
   87  young children and violate all standards of decency held by
   88  civilized society, and that persons who traffic in such
   89  vulnerable children may be determined by the trier of fact to
   90  have a culpable mental state of reckless indifference or
   91  disregard for human life.
   92         (b)It is the intent of the Legislature that the procedure
   93  in this section shall be followed, and a prosecutor must file
   94  notice, as provided in s. 787.062(4), if he or she intends to
   95  seek the death penalty.
   96         (2)SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
   97  conviction or adjudication of guilt of a defendant of a capital
   98  felony under s. 787.062(3)(a), the court shall conduct a
   99  separate sentencing proceeding to determine whether the
  100  defendant should be sentenced to death or life imprisonment as
  101  authorized by s. 775.082. The proceeding shall be conducted by
  102  the trial judge before the trial jury as soon as practicable.
  103  If, through impossibility or inability, the trial jury is unable
  104  to reconvene for a hearing on the issue of penalty after having
  105  determined the guilt of the accused, the trial judge may summon
  106  a special juror or jurors as provided in chapter 913 to
  107  determine the imposition of the penalty. If the jury trial has
  108  been waived, or if the defendant pleaded guilty, the sentencing
  109  proceeding shall be conducted before a jury impaneled for that
  110  purpose, unless waived by the defendant. In the proceeding,
  111  evidence may be presented as to any matter that the court deems
  112  relevant to the nature of the crime and the character of the
  113  defendant and shall include matters relating to any of the
  114  aggravating factors enumerated in subsection (7) and for which
  115  notice has been provided pursuant to s. 787.062(4) or mitigating
  116  circumstances enumerated in subsection (8). Any such evidence
  117  the court deems to have probative value may be received,
  118  regardless of its admissibility under the exclusionary rules of
  119  evidence, provided the defendant is accorded a fair opportunity
  120  to rebut any hearsay statements. However, this subsection shall
  121  not be construed to authorize the introduction of any evidence
  122  secured in violation of the United States Constitution or the
  123  State Constitution. The state and the defendant or the
  124  defendant’s counsel shall be permitted to present argument for
  125  or against a sentence of death.
  126         (3)FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
  127  subsection applies only if the defendant has not waived his or
  128  her right to a sentencing proceeding by a jury.
  129         (a)After hearing all of the evidence presented regarding
  130  aggravating factors and mitigating circumstances, the jury shall
  131  deliberate and determine if the state has proven, beyond a
  132  reasonable doubt, the existence of at least two aggravating
  133  factors set forth in subsection (7).
  134         (b)The jury shall return findings identifying each
  135  aggravating factor found to exist. A finding that at least two
  136  aggravating factors exist must be unanimous. If the jury:
  137         1.Does not unanimously find at least two aggravating
  138  factors, the defendant is ineligible for a sentence of death.
  139         2.Unanimously finds at least two aggravating factors, the
  140  defendant is eligible for a sentence of death and the jury shall
  141  make a recommendation to the court as to whether the defendant
  142  shall be sentenced to life imprisonment without the possibility
  143  of parole or sentenced to death. The recommendation shall be
  144  based on a weighing of all of the following:
  145         a.Whether sufficient aggravating factors exist.
  146         b.Whether aggravating factors exist which outweigh the
  147  mitigating circumstances found to exist.
  148         c.Based on the considerations in sub-subparagraphs a. and
  149  b., whether the defendant should be sentenced to life
  150  imprisonment without the possibility of parole or sentenced to
  151  death.
  152         (c)If at least eight jurors determine that the defendant
  153  should be sentenced to death, the jury’s recommendation to the
  154  court shall be a sentence of death. If fewer than eight jurors
  155  determine that the defendant should be sentenced to death, the
  156  jury’s recommendation to the court shall be a sentence of life
  157  imprisonment without the possibility of parole.
  158         (4)IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
  159         (a)If the jury has recommended a sentence of:
  160         1.Life imprisonment without the possibility of parole, the
  161  court shall impose the recommended sentence of life imprisonment
  162  without the possibility of parole.
  163         2.Death, the court, after considering each aggravating
  164  factor found by the jury and all mitigating circumstances, may
  165  impose a sentence of life imprisonment without the possibility
  166  of parole or a sentence of death. The court may consider only an
  167  aggravating factor that was unanimously found to exist by the
  168  jury. The court may impose a sentence of death only if the jury
  169  unanimously found at least two aggravating factors beyond a
  170  reasonable doubt.
  171         (b)If the defendant waived his or her right to a
  172  sentencing proceeding by a jury, the court, after considering
  173  all aggravating factors and mitigating circumstances, may impose
  174  a sentence of life imprisonment without the possibility of
  175  parole or a sentence of death. The court may impose a sentence
  176  of death only if the court finds that at least two aggravating
  177  factors have been proven to exist beyond a reasonable doubt.
  178         (5)ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
  179  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
  180  sentence of life imprisonment without the possibility of parole
  181  or death, the court shall, considering the records of the trial
  182  and the sentencing proceedings, enter a written order addressing
  183  the aggravating factors set forth in subsection (7) found to
  184  exist, the mitigating circumstances in subsection (8) reasonably
  185  established by the evidence, whether there are sufficient
  186  aggravating factors to warrant the death penalty, and whether
  187  the aggravating factors outweigh the mitigating circumstances
  188  reasonably established by the evidence. The court shall include
  189  in its written order the reasons for not accepting the jury’s
  190  recommended sentence, if applicable. If the court does not issue
  191  its order requiring the death sentence within 30 days after the
  192  rendition of the judgment and sentence, the court shall impose a
  193  sentence of life imprisonment without the possibility of parole
  194  in accordance with s. 775.082.
  195         (6)REVIEW OF JUDGMENT AND SENTENCE.—The judgment of
  196  conviction and sentence of death shall be subject to automatic
  197  review by the Supreme Court and disposition rendered within 2
  198  years after the filing of a notice of appeal. Such review by the
  199  Supreme Court shall have priority over all other cases and shall
  200  be heard in accordance with rules adopted by the Supreme Court.
  201         (7)AGGRAVATING FACTORS.—Aggravating factors shall be
  202  limited to the following:
  203         (a)The capital felony was committed by a person previously
  204  convicted of a felony violation under s. 787.06 or s. 787.062,
  205  and under sentence of imprisonment or placed on community
  206  control or on felony probation.
  207         (b)The defendant was previously convicted of another
  208  capital felony or of a felony involving the use or threat of
  209  violence to the person.
  210         (c)The capital felony was committed by a person designated
  211  as a sexual predator pursuant to s. 775.21 or a person
  212  previously designated as a sexual predator who had the sexual
  213  predator designation removed.
  214         (d)The capital felony was committed by a sexual offender
  215  who is required to register pursuant to s. 943.0435 or a person
  216  previously required to register as a sexual offender who had
  217  such requirement removed.
  218         (e)The defendant knowingly created a great risk of death
  219  to one or more persons such that participation in the offense
  220  constituted reckless indifference or disregard for human life.
  221         (f)The defendant used a firearm or knowingly directed,
  222  advised, authorized, or assisted another to use a firearm to
  223  threaten, intimidate, assault, or injure a person in committing
  224  the offense or in furtherance of the offense.
  225         (g)The capital felony was especially heinous, atrocious,
  226  or cruel.
  227         (h)The victim of the capital felony was particularly
  228  vulnerable due to age or disability, or because the defendant
  229  stood in a position of familial or custodial authority over the
  230  victim.
  231         (i)The capital felony was committed by a person subject to
  232  an injunction issued pursuant to s. 741.30 or s. 784.046, or a
  233  foreign protection order accorded full faith and credit pursuant
  234  to s. 741.315, and was committed against the petitioner who
  235  obtained the injunction or protection order or any spouse,
  236  child, sibling, or parent of the petitioner.
  237         (j)The victim of the capital felony sustained serious
  238  bodily injury.
  239         (8)MITIGATING CIRCUMSTANCES.—Mitigating circumstances
  240  shall include the following:
  241         (a)The defendant has no significant history of prior
  242  criminal activity.
  243         (b)The capital felony was committed while the defendant
  244  was under the influence of extreme mental or emotional
  245  disturbance.
  246         (c)The defendant was an accomplice in the capital felony
  247  committed by another person, and the defendant’s participation
  248  was relatively minor.
  249         (d)The defendant was under extreme duress or under the
  250  substantial domination of another person.
  251         (e)The capacity of the defendant to appreciate the
  252  criminality of her or his conduct or to conform her or his
  253  conduct to the requirements of law was substantially impaired.
  254         (f)The age of the defendant at the time of the offense.
  255         (g)The defendant could not have reasonably foreseen that
  256  her or his conduct in the course of the commission of the
  257  offense would cause or would create a grave risk of death to one
  258  or more persons.
  259         (h)The existence of any other factors in the defendant’s
  260  background that would mitigate against imposition of the death
  261  penalty.
  262         (9)VICTIM IMPACT EVIDENCE.—Once the prosecution has
  263  provided evidence of the existence of two or more aggravating
  264  factors as described in subsection (7), the prosecution may
  265  introduce, and subsequently argue, victim impact evidence to the
  266  jury. Such evidence shall be designed to demonstrate the
  267  victim’s uniqueness as an individual human being and the
  268  physical and psychological harm to the victim. Characterizations
  269  and opinions about the crime, the defendant, and the appropriate
  270  sentence shall not be permitted as a part of victim impact
  271  evidence.
  272         (10)CONSTITUTIONALITY.—Notwithstanding s. 775.082(2) or s.
  273  775.15, or any other provision of law, a sentence of death shall
  274  be imposed under this section notwithstanding existing case law
  275  that holds that such a sentence is unconstitutional under the
  276  State Constitution and the United States Constitution. In any
  277  case for which the Florida Supreme Court or the United States
  278  Supreme Court reviews a sentence of death imposed pursuant to
  279  this section, and in making such a review reconsiders the prior
  280  holdings in Buford v. State of Florida, 403 So. 2d 943 (Fla.
  281  1981), and Kennedy v. Louisiana, 554 U.S. 407 (2008), and
  282  determines that a sentence of death remains unconstitutional,
  283  the court having jurisdiction over the person previously
  284  sentenced to death shall cause such person to be brought before
  285  the court, and the court shall sentence such person to life
  286  imprisonment as provided in s. 775.082(1).
  287         (11)APPLICABILITY.—This section applies to any capital
  288  felony under s. 787.062 that is committed on or after October 1,
  289  2025.
  290         Section 3. Paragraph (o) is added to subsection (1) of
  291  section 924.07, Florida Statutes, to read:
  292         924.07 Appeal by state.—
  293         (1) The state may appeal from:
  294         (o)The sentence in a case of capital human trafficking on
  295  the ground that it resulted from the circuit court’s failure to
  296  comply with sentencing procedures under s. 921.1427, including
  297  by striking a notice of intent to seek the death penalty,
  298  refusing to impanel a capital jury, or otherwise granting relief
  299  that prevents the state from seeking a sentence of death.
  300         Section 4. Subsection (4) of section 921.137, Florida
  301  Statutes, is amended to read:
  302         921.137 Imposition of the death sentence upon an
  303  intellectually disabled defendant prohibited.—
  304         (4) After a defendant who has given notice of his or her
  305  intention to raise intellectual disability as a bar to the death
  306  sentence is convicted of a capital felony and an advisory jury
  307  has returned a recommended sentence of death, the defendant may
  308  file a motion to determine whether the defendant is
  309  intellectually disabled. Upon receipt of the motion, the court
  310  shall appoint two experts in the field of intellectual
  311  disabilities who shall evaluate the defendant and report their
  312  findings to the court and all interested parties prior to the
  313  final sentencing hearing. Notwithstanding s. 921.141, s.
  314  921.142, or s. 921.1425, or s. 921.1427, the final sentencing
  315  hearing shall be held without a jury. At the final sentencing
  316  hearing, the court shall consider the findings of the court
  317  appointed experts and consider the findings of any other expert
  318  which is offered by the state or the defense on the issue of
  319  whether the defendant has an intellectual disability. If the
  320  court finds, by clear and convincing evidence, that the
  321  defendant has an intellectual disability as defined in
  322  subsection (1), the court may not impose a sentence of death and
  323  shall enter a written order that sets forth with specificity the
  324  findings in support of the determination.
  325         Section 5. Subsection (9) of section 921.141, Florida
  326  Statutes, is amended to read:
  327         921.141 Sentence of death or life imprisonment for capital
  328  felonies; further proceedings to determine sentence.—
  329         (9) APPLICABILITY.—This section does not apply to a person
  330  convicted or adjudicated guilty of a capital sexual battery
  331  under s. 794.011, a capital sex trafficking felony under
  332  787.062, or a capital drug trafficking felony under s. 893.135.
  333         Section 6. This act shall take effect October 1, 2025.