Legislative Update as of 5/4
The Florida Legislature has passed several related to capital punishment. Here’s the status of the pending legislation as of today, all of which is waiting for the Governor's signature.
There are several bills pending in the Florida Legislature related to capital punishment. Here’s the status of that pending legislation as of today. Long story short, all of the pending legislation has passed and is waiting for the Governor’s signature.
My last update was posted on 4/13 and can be found here. If I’m being honest, I had a hard time keeping track of the legislation with all of the movement on the Hutchinson warrant. This is the update as of today; there’s definitely some hearings and discussions I missed in between. They can all be found on the Florida Senate’s website if you’re interested.
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.) The House Judiciary Committee heard this legislation on April 8 and approved the legislation by a vote of 15-3. (More on that hearing here.)
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.) On April 15, the Senate Appropriations Committee on Criminal and Civil Justice Committee heard this legislation. Sen. Osgood asked if there was a particular case or incident that influenced this legislation. Sen. Martin said no, the legislation “is designed to tackle issues” that he has addressed in Southwest Florida and in areas where human trafficking is prevalent. Sen. Osgood asked how success would be defined for this bill. Sen. Martin would say never having to use this bill—the bill deterring such crimes.
An amendment to the bill was introduced that aligned the bill to the House companion. The amendment was adopted without questions or debate.
Joseph Harmon (Florida Conference of Catholic Bishops) spoke in opposition to the legislation, saying that the Conference agrees these crimes are horrific and should be punished. However, the Conference opposes expanding the death penalty because “[a]ll human life is sacred.”
Taylor Kendall (FSU Law student) spoke in opposition to the bill, saying that the bill raises constitutional and practical concerns and departs from well-established precedent. She also noted that perpetrators of these crimes are often victims themselves and that the answer is not increasing punishment but allocating resources to mental health treatment.
Grace Hanna (Floridians for Alternatives to the Death Penalty) spoke in opposition to the legislation, commenting that the bill violates well-established precedent, would cost the State “precious resources,” and would revictimize victims of the crimes at issue.
Aaron Wayt (Florida Association of Criminal Defense Lawyers) spoke in opposition to the legislation, saying that it admittedly and openly violates the Constitution under the U.S. Supreme Court’s decision in Kennedy v. Louisiana. He said that victims’ rights group submitted an amicus brief in Kennedy saying that victims did not want the death penalty in these cases for various reasons. He also noted that Florida has the highest number of death-row exonerations.
In debate, Sen. Osgood spoke on the power of legislators. She said she’s had personal experiences with human trafficking but still opposes the bill and the death penalty more broadly due to her “faith belief” in forgiveness. You can access a video of the meeting here. The discussion begins around 35:00.
Update The House passed the legislation by a vote of 95-17. The Senate passed the legislation by a vote of 27-11. The bill is now pending Gov. DeSantis’s signature.
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.) On April 15, the Senate Appropriations Committee on Criminal and Civil Justice Committee heard this legislation. Sen. Rouson asked if the bill makes the death penalty mandatory. Sen. Ingoglia (Sponsor) said no. There was no debate on the bill. The Committee approved the legislation with a vote of 6-3. You can access a video of the meeting here. The discussion begins around 30:00.
Update The House passed the legislation by a vote of 99-13. The Senate passed the legislation by a vote of 25-12. The bill is now pending Gov. DeSantis’s signature.
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.) On April 10, the Appropriations Committee on Criminal and Civil Justice approved this legislation. (More on that hearing here.)
Update The House passed the legislation by a vote of 96-10. The Senate passed the legislation by a vote of 32-5. The bill is now pending Gov. DeSantis’s signature. This bill had the most support.
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 April 15, the Senate Appropriations Committee on Criminal and Civil Justice Committee heard this legislation. You can access a video of the meeting here. The discussion begins around 30:00.
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.)
Update The Senate ended up taking the execution methods language out of its bill at Committee. The House passed the bill by a vote of 83-33. Then, at the last minute, the Senate presented the House version of the bill that retained the language for a vote on the floor. The Senate passed the bill by a vote of 26-11. The bill is now pending Gov. DeSantis’s signature.
You can read more about the legislation here.