Proposed legislation seeks to broaden capital punishment to human trafficking
A bill filed today (HB 1283) seeks to broaden the scope of capital punishment in the State of Florida to human trafficking.
A bill filed today (HB 1283) seeks to broaden the scope of capital punishment in the State of Florida to human trafficking.
The proposed legislation provides that “a person who engages in human trafficking . . . upon a child less than 12 years of age, or upon a person who is mentally defective or mentally incapacitated . . . commits a capital felony,” punishable as provided in section 775.082 and a sentencing procedure enacted by the bill.
Reminiscent of the capital sex legislation enacted in 2023, Section 2 of the bill includes its own capital sentencing procedure under which the jury must “determine if the state has proven, beyond a reasonable doubt, the existence of at least two aggravating factors . . . .” If the jury find that the State proved at least two aggravating factors beyond a reasonable doubt, then the jury must make a recommendation as to the appropriate sentence. The bill then uses the same 8-4 standard for the jury’s recommendation, stating: “If at least eight jurors determine that the defendant should be sentenced to death, the jury's recommendation to the court shall be a sentence of death.”
Also like Florida’s capital sex statute, the legislation includes a provision regarding its constitutionality in which the Legislature recognizes that the legislation conflicts with U.S> Supreme Court’s holding in Kennedy v. Louisiana and the Florida Supreme Court’s holding in Buford v. State. (More on that here.) Notwithstanding the proposed legislation directs trial courts to still proceed with imposing sentences of death under the statute.
A full copy of the bill can be found here. You can read more about the proposed legislation on the Senate’s website here.
So far, there is no similar proposal in the Senate.