TODAY: Florida's new capital punishment laws take effect
New laws related to capital punishment go into effect today--adding an aggravating factor and creating a new capital felony.
New Capital Crime
Earlier this year, the Florida Legislature passed and Gov. DeSantis signed legislation that expands capital punishment to certain human trafficking crimes against children.
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 . . . .” This is different from Florida’s capital sentencing statute for first-degree murder, which requires the jury to find only one aggravating factor beyond a reasonable doubt. If the jury finds 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 2023 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 this precedent, the proposed legislation directs trial courts to still proceed with imposing sentences of death under the statute.
TFDP’s most recent update from the legislative session is available here.
A copy of the legislation, as enrolled, can be downloaded here.
This legislation applies to “any capital felony . . . committed on or after” today.
New Aggravating Factor
Earlier this year, the Florida Legislature passed and Gov. DeSantis signed legislation that adds the following aggravating factor to Florida’s capital sentencing scheme:
You can read more about this legislation from TFDP here. A copy of the legislation, as enrolled, can be downloaded here.
This legislation goes into effect today.
With this new aggravating factor, Florida’s capital sentencing scheme has 17 aggravating factors. To compare Florida’s capital sentencing scheme to others in the country, see this page from the Death Penalty Information Center.
NOTE: The other aggravating factor added to Florida’s capital sentencing scheme this year went into effect July 1, 2025. You can read more about this legislation from TFDP here.