STORAGE NAME: h0693a.CRM
DATE: 3/6/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 693
TITLE: Aggravating Factors for Capital Felonies
SPONSOR(S): Redondo
COMPANION BILL: SB 984 (Gruters)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
17 Y, 1 N
Judiciary
SUMMARY
Effect of the Bill:
HB 693 allows a jury to consider whether a victim was gathered with one or more persons for a school activity,
religious activity, or public government meeting as an aggravating factor in determining whether a defendant who
has been convicted of a capital felony is eligible to receive a death sentence and whether to recommend a sentence
of death or life imprisonment for such a defendant.
Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on state expenditures. To the extent the bill results in more
death sentences being imposed, it may increase costs associated with the incarceration and execution of prisoners
sentenced to death and may increase the workload of the Florida Supreme Court by requiring the Court to review
an increased number of death penalty cases.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
HB 693 adds a new aggravating factor that may be considered by a jury during a sentencing proceeding in
determining whether a defendant who has been convicted of a capital felony is eligible to receive a death sentence
and whether to recommend a sentence of death or life imprisonment for such a defendant. Under the bill, a jury
may consider, as an aggravating factor, whether the victim of the capital felony was gathered with one or more
persons for a school activity, religious activity, or public government meeting. (Section 1).
The bill provides an effective date of October 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative impact on state expenditures. To the extent the bill results in more
death sentences being imposed, it may increase the number of inmates on death row and the costs associated with
their incarceration and execution.
Additionally, to the extent the bill results in more death sentences being imposed, it may increase the workload of
the Florida Supreme Court related to reviewing death penalty cases. However, any increased workload would
likely be absorbed within existing resources.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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RELEVANT INFORMATION
SUBJECT OVERVIEW:
Capital Sentencing
Section 775.082(1), F.S., requires a person who has been convicted of a capital felony
1, 2 to be punished by death if a
proceeding held to determine sentence under s. 921.141, F.S., results in a determination that such person shall be
punished by death, otherwise the person shall be punished by life imprisonment and is not eligible for parole.
Under s. 921.141, F.S., to sentence a defendant to death when he or she has not waived the right to a sentencing
proceeding by a jury, a jury must unanimously find the existence of at least one aggravating factor and find that any
aggravating factors found to exist were proven beyond a reasonable doubt. If a jury makes such a finding, the jury
must then make a recommendation to the court as to whether the defendant should be sentenced to death or life
imprisonment.
3 The jury’s recommendation must be based on the following:
Whether aggravating factors are sufficient to impose death;
The aggravating factors outweigh the mitigating circumstances found to exist; and
That, based on the prior considerations, the defendant should be sentenced to death.
4
If fewer than eight jurors determine that the defendant should be sentenced to death, the jury must recommend a
sentence of life imprisonment without the possibility of parole and the court must impose a life sentence.
5 If at
least eight jurors determine that the defendant should be sentenced to death, the jury must recommend a sentence
of death.
6 Thereafter, the judge must consider each aggravating factor that was unanimously found to exist by the
jury and all mitigating circumstances, and may impose a sentence of life imprisonment or a death sentence.
7 The
aggravating factors a jury may consider are limited by statute.
Aggravating Factors
Section 921.141(6), F.S., provides the following aggravating factors:
The capital felony was committed by a person previously convicted of a felony and under sentence of
imprisonment or placed on community control or on felony probation.
The defendant was previously convicted of another capital felony or of a felony involving the use or threat
of violence to the person.
The defendant knowingly created a great risk of death to many persons.
The capital felony was committed while the defendant was engaged, or was an accomplice, in the
commission of, or an attempt to commit, or flight after committing or attempting to commit, any: robbery;
sexual battery; aggravated child abuse; abuse of an elderly person or disabled adult resulting in great
bodily harm, permanent disability, or permanent disfigurement; arson; burglary; kidnapping; aircraft
piracy; or unlawful throwing, placing, or discharging of a destructive device or bomb.
The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an
escape from custody.
The capital felony was committed for pecuniary gain.
The capital felony was committed to disrupt or hinder the lawful exercise of any governmental function or
the enforcement of laws.
The capital felony was especially heinous, atrocious, or cruel.
1
Capital felony offenses include offenses such as: first-degree murder under s. 782.04(1)(a), F.S.; the killing of an unborn child
by injury to the mother under s. 782.04(1)(a)2., F.S.; making, possessing, throwing, projecting, placing, discharging, or
attempting to do the same, any destructive device that results in death under s. 790.161(4), F.S.; and manufacturing,
possessing, selling, delivering, sending, mailing, displaying, using, threatening, attempting, or conspiring to use, or making
readily accessible to others a weapon of mass destruction if death results under s. 790.166(2), F.S.
2
The sentencing of capital sexual battery and capital drug trafficking felonies are specifically provided for in S. 921.142, F.S.,
and S. 921.1425, F.S.
3
S. 921.141(2)(b), F.S.
4
Id.
5
S. 921.141(2) and (3), F.S.
6
S. 921.141(2)(c), F.S.
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S. 921.141(3)(a)2., F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner
without any pretense of moral or legal justification.
The victim of the capital felony was a law enforcement officer engaged in the performance of his or her
official duties.
The victim of the capital felony was an elected or appointed public official engaged in the performance of
his or her official duties, if the motive for the capital felony was related, in whole or in part, to the victim's
official capacity.
The victim of the capital felony was a person less than 12 years of age.
The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because
the defendant stood in a position of familial or custodial authority over the victim.
The capital felony was committed by a criminal gang member, as defined in s. 874.03, F.S.
The capital felony was committed by a person designated as a sexual predator pursuant to s. 775.21, F.S., or
a person previously designated as a sexual predator who had the sexual predator designation removed.
The capital felony was committed by a person subject to specified injunctions or foreign protection orders
and was committed against the petitioner who obtained the injunction or protection order or any spouse,
child, sibling, or parent of the petitioner.
Mitigating Circumstances
Mitigating circumstances are not limited by statute. Section 921.141(7), F.S., specifies that mitigating
circumstances for a capital offense include the following:
The defendant has no significant history of prior criminal activity.
The capital felony was committed while the defendant was under the influence of extreme mental or
emotional disturbance.
The victim was a participant in the defendant's conduct or consented to the act.
The defendant was an accomplice in the capital felony committed by another person and his or her
participation was relatively minor.
The defendant acted under extreme duress or under the substantial domination of another person.
The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her
conduct to the requirements of law was substantially impaired.
The age of the defendant at the time of the crime.
The existence of any other factors in the defendant’s background that would mitigate against imposition of
the death penalty.
Automatic Review
Section 921.141(5), F.S., provides that any judgment of conviction and sentence of death shall be subject to
automatic review by the Supreme Court of Florida, with the required disposition rendered within two years after
the filing of a notice of appeal. Such automatic reviews have priority over all other cases.
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 17 Y, 1 N 3/6/2025 Hall Leshko
Judiciary Committee
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S. 921.141(5), F.S.