Florida Session Laws of the 2023 Regular Session (2023)
HB 1297, Chapter 25
An act relating to capital sexual battery; amending s. 794.011, F.S.; providing for death sentences for certain child sexual offenders; creating s. 921.1425, F.S.; providing legislative intent concerning capital punishment for certain child sexual offenders; providing for separate death penalty proceedings in such cases; providing for findings and recommended sentences by a jury; providing for imposition of sentence of life imprisonment or death; providing requirements for a court order in support of a death sentence; providing for automatic review of sentences of death; specifying aggravating factors and mitigating circumstances; providing for victim impact evidence; providing for resentencing if provisions are found to be unconstitutional; providing applicability; amending ss. 921.137 and 921.141, F.S.; conforming provisions to changes made by the act; amending s. 924.07, F.S.; authorizing the state to appeal from a sentence on the grounds that it resulted from the failure of the circuit court to comply with specified sentencing procedure requirements; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
794.011 Sexual battery.-
(2)(a) A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in ss. 775.082 and 921.1425. In all capital cases under this section, the procedure set forth in s. 921.1425 shall be followed in order to determine a sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause 921.141.
921.1425 Sentence of death or life imprisonment for capital sexual battery; further proceedings to determine sentence.-
(1) INTENT.-
(a) The Legislature finds that a person who commits a sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age carries a great risk of death and danger to vulnerable members of this state. Such crimes destroy the innocence of a young child and violate all standards of decency held by civilized society. The Legislature further finds that Buford v. State of Florida, 403 So. 2d 943 (Fla. 1981), was wrongly decided, and that Kennedy v. Louisiana, 554 U.S. 407, (2008), was wrongly decided and an egregious infringement of the states' power to punish the most heinous of crimes.
(b) It is the intent of the Legislature that the procedure set forth in this section shall be followed, and a prosecutor must file notice, as provided in s. 794.011(2)(a), if he or she intends to seek the death penalty.
(2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.-Upon conviction or adjudication of guilt of a defendant of a capital felony under s. 794.011, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life...
