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