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: 36 787.062 Capital 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: 80 921.1427 Sentence 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,ors. 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.