Legislative Update as of 4/13
There are several bills pending in the Florida Legislature related to capital punishment. Here’s the status of that pending legislation as of today.
There are several bills pending in the Florida Legislature related to capital punishment. Here’s the status of that pending legislation as of today.
Expanding Capital Punishment to Human Trafficking
Like the 2023 legislation that expanded capital punishment to non-homicide sex crimes against children, this set of bills (HB 1283 and SB 1804) seeks to expand capital punishment to non-homicide human trafficking. My original post about this legislation can be found here.
The House bill was referred to the Criminal Justice Subcommittee, the Justice Budget Subcommittee, and the Judiciary Committee. On March 19, the House Criminal Justice Subcommittee approved this legislation by a vote of 13-2. (More on that hearing here.) The House Justice Budget Subcommittee approved this legislation on April 1. (More on that hearing here.)
NEW The House Judiciary Committee heard this legislation on April 8 at 8:00 a.m. Rep. Antone asked a question about how the bill treats 18-year-olds. Rep. Jacques said they would be eligible for the punishments outlined in the bill.
Rep. Jacques presented an amendment to the bill, which, according to Rep. Jacques, holds high-level traffickers accountable as well. Rep. Antone asked the same question on the amendment. Rep. Jacques gave the same answer. The amendment was adopted.
Joe Harmon (Florida Conference of Catholic Bishops) spoke in opposition to the bill saying that “[a]ll human life is sacred” and that the dignity of human life is not lost after the commission of a crime.
In debate, Rep. Bracy Davis said she spoke to Rep Jacques via text and that she’s down on the bill, not because she doesn’t think these crimes are heinous, because “it is well-settled law” that the bill “is unconstitutional.” She also noted her concerns with capital punishment. Rep. Antone reiterated what Rep. Bracy Davis said—that life in prison is a worse sentence than death and that putting children to death seems like an “extreme punishment".”
Rep. Alvarez said that trafficking a child takes their life. So this bill is a “life for a life. . . . We tell the Supreme Court what’s coming.” He said it’s not enough to vote down because of the Supreme Court’s precedent and that a “child’s life is worth more than” the Court’s ruling.
In closing, Rep. Jacques reiterated Rep. Alvarez’s sentiments and said well-settled law shouldn’t be persuasive and said Kennedy v. Louisiana is a “vile court decision” that lets criminals who hurt children “get off scot-free.”
The Committee approved the legislation by a vote of 15-3. Reps. Antone, Bracy Davis, and Gottlieb voted no.
You can watch a video of the meeting here. The discussion starts around 1:15:00.
After the hearing, Rep. Jacques posted in support of the bill:
The Senate bill was referred to the Criminal Justice Committee, the Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy. The Senate Criminal Justice Committee approved this legislation on April 1. (More on that hearing here.)
You can read more about this legislation on the Senate’s website here.
New Aggravating Factors
Aggravating Factor for Assassinations
A set of bills filed in the House (HB 653) and Senate (SB 776) on February 17 seek to add an aggravating factor for capital felonies committed against heads of state.
My original post on this legislation can be found here.
The House Criminal Justice Subcommittee unanimously approved the legislation. (More on that hearing here.) On March 26, the House Judiciary Committee approved the legislation by a vote of 20-2. (More on that hearing here.)
The Senate Bill was referred to the Criminal Justice, Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy Committees. On March 18, the Senate Criminal Justice Committee approved this legislation by a vote of 7-2. (More on that hearing here.)
You can read more about this legislation on the Senate’s website here.
Aggravating Factor for Crimes at Certain Gatherings
A set of bills filed in the House (HB 693) and Senate (SB 984) seek to add an aggravating factor for capital felonies committed at certain gatherings.
My original post on this legislation can be found here.
The House Bill was referred to the Criminal Justice Subcommittee and the Judiciary Committee. On March 6, the Criminal Justice Subcommittee approved the legislation by a vote of 17-1. (More on that here.) On March 13, the House Judiciary Committee unanimously approved the legislation. (More on that hearing here.)
On April 3, the bill was presented on the House floor for its third reading. The bill passed with a vote of 96-10.
The Senate bill was referred to the Criminal Justice Committee, the Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy. On March 18, the Senate Criminal Justice Committee approved this legislation by a vote of 7-2. (More on that hearing here.)
NEW On April 10, the Appropriations Committee on Criminal and Civil Justice heard the legislation. Sen. Polksy asked how “religious activity” is defined for purpose of the bill. Sen. Gruters said it’s not “clearly defined” and depends on the jury. She also asked why these types of gatherings are specifically included. Sen. Gruters said it’s based on past incidents like school shootings.
Joseph Harmon (Florida Conference of Catholic Bishops) spoke in opposition to the bill saying they disagree with the bill because it expands the death penalty and they doubt the deterrence effect of the death penalty. He said LWOP serves the purpose of protecting the public, and a death sentence “costs far more” than LWOP.
In debate, Sen. Polksy asked if the Committee really feels that they do so much to “make everything a death penalty just to seem like we’re tough,” but it’s unclear what it really does. She noted that the Legislature is voting a tax package next week that allows more gun purchases. In her opinion, “more guns” are not better if this bill is needed. She asked if the Legislature does everything it can to prevent these crimes in the first place—mental health, safe storage of guns, etc. She also noted that the definitions in the bill are very vague and that Florida has the highest number of death row exonerations.
In closing, Sen. Gruters said this is not a deterrence bill but meant to hold perpetrators responsible.
The Committee approved the legislation.
You can watch the meeting here. The discussion begins around 2:00. It was the first bill discussed.
You can read more about the legislation on the Senate’s website here.
Expanding Execution Methods
Bills filed in the House (HB 903) and Senate (SB 1604) seek to expand Florida’s execution methods. My original post on this legislation can be found here.
On March 25, the Senate Criminal Justice Committee approved this legislation. (More on that hearing here.)
On March 26, the House Criminal Justice Subcommittee approved the legislation with a vote of 14-3. (More on that hearing here.) The House Judiciary Committee approved this legislation on April 2. (More on that hearing here.)
You can read more about the legislation here.
Your careful reporting and clarity on such a complex and emotionally charged issue is so valuable. I appreciate how you not only track the movement of the legislation but also highlight the constitutional questions and ethical debates it raises. The juxtaposition of policy, legal precedent, and moral argument in this post really underscores the tension between justice, retribution, and human rights. Thank you for helping your readers engage with the nuance instead of just the headlines.