Legislative Update as of 4/6
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.)
NEW The House Justice Budget Subcommittee is scheduled to hear this legislation on Tuesday, April 1, at 4:00 p.m. Rep. Gottlieb asked about the fiscal impact of the bill. Rep. Jacques said it’s indeterminate at this time. Rep. Gottlieb asked if there’s any additional considerations for putting these inmates on death row, as these inmates would be subject to attack. Rep. Jacques said the bill does not make any such provisions.
Rep. Skidmore asked how it would be determined whether the defendant would be sentenced to life or death. Rep. Jacques explained the capital sentencing process.
Rep. Rayner asked what the current maximum sentence is for these crimes. Rep. Jacques said he’d have to look into it.
Joseph Harmon (Florida Conference of Catholic Bishops) spoke in opposition to the bill because it “expands the death penalty” and said a sentence of life in prison “protects the public” and saves the State financial resources.
In debate, Rep. Baker answered Rep. Rayner’s questions and said that the sentence is “mandatory life.” Rep. Rayner said she doesn’t understand adding the death penalty to these crimes since there’s already a mandatory life sentence. She said she feels like the Legislature keeps passing laws that are known to be unconstitutional and that she can’t support it for that reason.
In closing, Rep. Jacques said there’s a place for people who commit these crimes and, in Florida, that place is death row. The Subcommittee approved the legislation by a vote of 10-3. Reps. Gottlieb, Rayner, and Skidmore voted no.
After the hearing, Rep. Jacques took to Twitter to promote his bill:
The Senate bill was referred to the Criminal Justice Committee, the Appropriations Committee on Criminal and Civil Justice, and Fiscal Policy.
NEW On Tuesday, April 1, the Senate Criminal Justice Committee heard this legislation. Sen. Pizzo asked a question as to whether the bill provides incentive to perpetrators to just kill the victims since the death penalty is on the table either way. Sen. Martin said there’s a financial motive since perpetrators are profiting from the victims. Sen. Martin said this legislation won’t increase the victim’s likelihood of survival.
Sen. Smith asked if the bill requires imposition of the death penalty even though it clearly conflicts with legal precedent. Sen. Martin’s response was not responsive.
Joseph Harmon (Florida Conference of Catholic Bishops) spoke in opposition to the bill because it “expands the death penalty” and said a sentence of life in prison “protects the public” and saves the State financial resources.
Grace Hanna (Floridians for Alternatives to the Death Penalty) spoke in opposition to the bill saying that the bill is clearly against established precedent and said the bill is “a step backwards.”
In debate, Sen. Smith referenced the Staff Analysis (available here) that noted that precedent bars a death sentence for anything other than homicide under the Eighth Amendment. He said he’s opposed to the death penalty but has constitutional concerns based on the precedent. He also opined that the death penalty is opposed by some family members of murder victims. He disagreed that this bill is being “tough on crime” and that the death penalty is “the easy way out” in some instances.
Sen. Pizzo agreed and said voting no on this legislation doens’t mean that you are “soft on crime.”
Closing, Sen. Martin said a “clear message” needs to be sent that “there’s no place for those people” who commit these crimes. He believes this bill will “make Florida safer.” The Committee approved the legislation. You can view this meeting 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.)
NEW 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.)
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.)
NEW On April 2, the House Judiciary Committee heard this legislation. Rep. Gottlieb asked a question about another provision of the bill. There was an amendment to the bill related to another provision of the bill. The amended was adopted.
There was a second amendment to the bill presented by Rep. Gottlieb related to his questioning on another provision of the bill. When asked, Rep. Jacques said this was not a friendly amendment. The amendment failed.
The Department of Corrections waved in support of the bill.
In debate, Rep. Gottlieb said there are many reasons he can’t support the bill. He mentioned the execution methods as one reason.
Rep. Lopez said he was down on the bill because of the execution method provision of the bill.
The Committee approved the legislation by a vote of 16-5.
You can watch a video of the meeting here. The discussion begins around 1:09:00.
You can read more about the legislation here.