CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 1 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to capital human trafficking of 2
vulnerable persons for sexual exploitation; creating 3
s. 787.062, F.S.; providing legislative findings; 4
providing definitions; prohibiting a person 18 years 5
of age or older from knowingly engaging in human 6
trafficking of vulnerable persons with specified 7
knowledge or in reckless disregard of specified 8
circumstances; providing a criminal penalty; requiring 9
the state to give a specified notice if it intends to 10
seek the death penalty for a violation of the offense ; 11
creating s. 921.1427, F.S.; providing legislative 12
intent; providing for separate death penalty 13
proceedings in certain cases; providing for findings 14
and recommended sentences by a jury; providing for 15
imposition of sentence of life imprisonment or death; 16
providing requirements for a court order in support of 17
a life imprisonment or death sentence; providing for 18
automatic review of sentences of death within a 19
certain time period; specifying aggravating factors 20
and mitigating circumstances; providing for victi m 21
impact evidence; providing for resentencing if 22
provisions are found to be unconstitutional; providing 23
applicability; amending s. 924.07, F.S.; authorizing 24
the state to appeal from a sentence on the ground that 25
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 2 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
it resulted from the failure of the circuit court to 26
comply with specified sentencing procedure 27
requirements; amending ss. 921.137 and 921.141, F.S.; 28
conforming provisions to changes made by the act; 29
providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Section 787.062, Florida Statutes, is created 34
to read: 35
787.062 Capital human trafficking of vulnerable persons 36
for sexual exploitation. — 37
(1) The Legislature finds that human trafficking is a form 38
of modern-day slavery and that victims of human trafficking 39
include young children and other persons who are particularly 40
vulnerable because of diminished mental capacity. Additionally, 41
the Legislature finds that some perpetrators of human 42
trafficking use physical force and violence against their 43
victims for the purpose of further subjecting them to sexual 44
exploitation. Such crimes exploit society's most vulnerable 45
citizens, destroy the innocence of young children, and violate 46
all standards of decency held by civilized society. 47
(2) As used in this sect ion, the term: 48
(a) "Human trafficking" has the same meaning as in s. 49
787.06(2). 50
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 3 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) "Mentally defective" and "mentally incapacitated" have 51
the same meanings as in s. 794.011. 52
(c) "Vulnerable person" means any: 53
1. Child under 12 years of age; or 54
2. Person who is mentally defective or mentally 55
incapacitated. 56
(3) A person 18 years of age or older commits a capital 57
felony, punishable as provided in ss. 775.082 and 921.1427, if 58
he or she knowingly engages in human trafficking of a vulnerable 59
person, through the use of physical force or violence, and, in 60
the course of committing the offense, he or she sells or 61
otherwise transfers the vulnerable person to another person with 62
knowledge, or in reckless disregard of the fact, that as a 63
consequence of the sale or transfer, any person will commit a 64
violation of s. 794.011 upon the vulnerable person. 65
66
In all capital cases under this section, the procedure in s. 67
921.1427 shall be followed to determine a sentence of death or 68
life imprisonment. 69
(4) If the prosecutor intends to seek the death penalty, 70
the prosecutor must give notice to the defendant and file the 71
notice with the court within 45 days after arraignment. The 72
notice must contain a list of the aggravating factors the state 73
intends to prove and has reason to believe it can prove beyond a 74
reasonable doubt. The court may allow the prosecutor to amend 75
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 4 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the notice upon a showing of good cause. 76
Section 2. Section 921.1427, Florida Statutes, is created 77
to read: 78
921.1427 Sentence of death or life imprisonment for 79
capital human trafficking of vulnerable persons for sexual 80
exploitation; further proceedings to determine sentence. — 81
(1) INTENT.— 82
(a) The Legislature finds that a person who commits the 83
offense of human trafficking of a vulnera ble person, through the 84
use of physical force or violence, and, in the course of 85
committing the offense, sells or transfers the vulnerable person 86
to another person with knowledge, or in reckless disregard of 87
the fact, that as a consequence of the sale or t ransfer, any 88
person will commit a violation of s. 794.011 upon the vulnerable 89
person, imposes a great risk of death and danger to vulnerable 90
members of this state. Such crimes exploit society's most 91
vulnerable citizens, destroy the innocence of young child ren, 92
and violate all standards of decency held by civilized society, 93
and persons who commit such acts against vulnerable persons may 94
be determined by the trier of fact to have a culpable mental 95
state of reckless indifference or disregard for human life. 96
(b) It is the intent of the Legislature that the procedure 97
in this section shall be followed, and a prosecutor must file 98
notice, as provided in s. 787.062(4), if he or she intends to 99
seek the death penalty. 100
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 5 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY. —Upon 101
conviction or an adjudication of guilt of a defendant of a 102
capital felony under s. 787.062(3), the court shall conduct a 103
separate sentencing proceeding to determine whether the 104
defendant should be sentenced to death or life imprisonment as 105
authorized by s. 775.082. The proceeding shall be conducted by 106
the trial judge before the trial jury as soon as practicable. 107
If, through impossibility or inability, the trial jury is unable 108
to reconvene for a hearing on the issue of penalty, having 109
determined the guilt of the accused, the trial judge may summon 110
a special juror or jurors as provided in chapter 913 to 111
determine the issue of the imposition of the penalty. If the 112
trial jury has been waived, or if the defendant pleaded guilty, 113
the sentencing proceeding shal l be conducted before a jury 114
impaneled for that purpose, unless waived by the defendant. In 115
the proceeding, evidence may be presented as to any matter that 116
the court deems relevant to the nature of the crime and the 117
character of the defendant and shall inc lude matters relating to 118
any of the aggravating factors enumerated in subsection (7) and 119
for which notice has been provided pursuant to s. 787.062(4) or 120
mitigating circumstances enumerated in subsection (8). Any such 121
evidence that the court deems to have p robative value may be 122
received, regardless of its admissibility under the exclusionary 123
rules of evidence, provided the defendant is accorded a fair 124
opportunity to rebut any hearsay statements. However, this 125
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 6 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subsection shall not be construed to authorize th e introduction 126
of any evidence secured in violation of the United States 127
Constitution or the State Constitution. The state and the 128
defendant or the defendant's counsel shall be permitted to 129
present argument for or against a sentence of death. 130
(3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 131
subsection applies only if the defendant has not waived his or 132
her right to a sentencing proceeding by a jury. 133
(a) After hearing all of the evidence presented regarding 134
aggravating factors and mitigating circu mstances, the jury shall 135
deliberate and determine if the state has proven, beyond a 136
reasonable doubt, the existence of at least two aggravating 137
factors set forth in subsection (7). 138
(b) The jury shall return findings identifying each 139
aggravating factor fo und to exist. A finding that at least two 140
aggravating factors exist must be unanimous. If the jury: 141
1. Does not unanimously find at least two aggravating 142
factors, the defendant is ineligible for a sentence of death. 143
2. Unanimously finds at least two ag gravating factors, the 144
defendant is eligible for a sentence of death and the jury shall 145
make a recommendation to the court as to whether the defendant 146
shall be sentenced to life imprisonment without the possibility 147
of parole or to death. The recommendation shall be based on a 148
weighing of all of the following: 149
a. Whether sufficient aggravating factors exist. 150
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 7 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
b. Whether aggravating factors exist which outweigh the 151
mitigating circumstances found to exist. 152
c. Based on the considerations in sub -subparagraphs a. and 153
b., whether the defendant should be sentenced to life 154
imprisonment without the possibility of parole or to death. 155
(c) If at least eight jurors determine that the defendant 156
should be sentenced to death, the jury's recommendation to the 157
court shall be a sentence of death. If fewer than eight jurors 158
determine that the defendant should be sentenced to death, the 159
jury's recommendation to the court shall be a sentence of life 160
imprisonment without the possibility of parole. 161
(4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 162
(a) If the jury has recommended a sentence of: 163
1. Life imprisonment without the possibility of parole, 164
the court shall impose the recommended sentence of life 165
imprisonment without the possibility of parole. 166
2. Death, the court, after considering each aggravating 167
factor found by the jury and all mitigating circumstances, may 168
impose a sentence of life imprisonment without the possibility 169
of parole or a sentence of death. The court may consider only an 170
aggravating factor that was unanimously found to exist by the 171
jury. The court may impose a sentence of death only if the jury 172
unanimously found at least two aggravating factors beyond a 173
reasonable doubt. 174
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 8 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) If the defendant waived his or her right to a 175
sentencing proceeding by a jury, the court, after considering 176
all aggravating factors and mitigating circumstances, may impose 177
a sentence of life imprisonment without the possibility of 178
parole or a sentence of death. The court may impose a sentence 179
of death only if the court finds that at least two aggravating 180
factors have been proven to exist beyond a reasonable doubt. 181
(5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 182
IMPRISONMENT OR DEATH. —In each case in which the court imposes a 183
sentence of life imprisonment without the possibility of parole 184
or death, the court shall, considering the records of the trial 185
and the sentencing proceedings, enter a written order addressing 186
the aggravating factors set forth in subsection (7) found to 187
exist, the mitigating circumstances in subsection (8) reasonably 188
established by the evidence, whether there are sufficient 189
aggravating factors to warrant the death penalty, and whether 190
the aggravating factors outweigh the mitigating circumstances 191
reasonably established by the evidence. The cour t shall include 192
in its written order the reasons for not accepting the jury's 193
recommended sentence, if applicable. If the court does not issue 194
its order requiring the death sentence within 30 days after the 195
rendition of the judgment and sentence, the court shall impose a 196
sentence of life imprisonment without the possibility of parole 197
in accordance with s. 775.082. 198
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 9 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6) REVIEW OF JUDGMENT AND SENTENCE. —The judgment of 199
conviction and sentence of death shall be subject to automatic 200
review by the Supreme Court and disposition rendered within 2 201
years after the filing of a notice of appeal. Such review by the 202
Supreme Court shall have priority over all other cases and shall 203
be heard in accordance with rules adopted by the Supreme Court. 204
(7) AGGRAVATING FACTORS. —Aggravating factors shall be 205
limited to the following: 206
(a) The capital felony was committed by a person 207
previously convicted of a felony violation under s. 787.06 or s. 208
787.062, and under sentence of imprisonment or placed on 209
community control or on felo ny probation. 210
(b) The defendant was previously convicted of another 211
capital felony or of a felony involving the use or threat of 212
violence to the person. 213
(c) The capital felony was committed by a person 214
designated as a sexual predator pursuant to s. 775 .21 or a 215
person previously designated as a sexual predator who had the 216
sexual predator designation removed. 217
(d) The capital felony was committed by a sexual offender 218
who is required to register pursuant to s. 943.0435 or a person 219
previously required to register as a sexual offender who had 220
such requirement removed. 221
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 10 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(e) The defendant knowingly created a great risk of death 222
to one or more persons such that participation in the offense 223
constituted reckless indifference or disregard for human life. 224
(f) The defendant used a firearm or knowingly directed, 225
advised, authorized, or assisted another to use a firearm to 226
threaten, intimidate, assault, or injure a person in committing 227
the offense or in furtherance of the offense. 228
(g) The capital felony was espec ially heinous, atrocious, 229
or cruel. 230
(h) The victim of the capital felony was particularly 231
vulnerable due to age or disability, or because the defendant 232
stood in a position of familial or custodial authority over the 233
victim. 234
(i) The capital felony was c ommitted by a person subject 235
to an injunction issued pursuant to s. 741.30 or s. 784.046, or 236
a foreign protection order accorded full faith and credit 237
pursuant to s. 741.315, and was committed against the petitioner 238
who obtained the injunction or protectio n order or any spouse, 239
child, sibling, or parent of the petitioner. 240
(j) The victim of the capital felony sustained serious 241
bodily injury. 242
(8) MITIGATING CIRCUMSTANCES. —Mitigating circumstances 243
shall include the following: 244
(a) The defendant has no sig nificant history of prior 245
criminal activity. 246
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 11 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) The capital felony was committed while the defendant 247
was under the influence of extreme mental or emotional 248
disturbance. 249
(c) The defendant was an accomplice in the capital felony 250
committed by another per son, and the defendant's participation 251
was relatively minor. 252
(d) The defendant was under extreme duress or under the 253
substantial domination of another person. 254
(e) The capacity of the defendant to appreciate the 255
criminality of her or his conduct or to c onform his or her 256
conduct to the requirements of law was substantially impaired. 257
(f) The age of the defendant at the time of the offense. 258
(g) The defendant could not have reasonably foreseen that 259
his or her conduct in the course of the commission of th e 260
offense would cause or would create a grave risk of death to one 261
or more persons. 262
(h) The existence of any other factors in the defendant's 263
background that would mitigate against imposition of the death 264
penalty. 265
(9) VICTIM IMPACT EVIDENCE. —Once the prosecution has 266
provided evidence of the existence of two or more aggravating 267
factors as described in subsection (7), the prosecution may 268
introduce, and subsequently argue, victim impact evidence to the 269
jury. Such evidence shall be designed to demonstrate t he 270
victim's uniqueness as an individual human being and the 271
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 12 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
physical and psychological harm to the victim. Characterizations 272
and opinions about the crime, the defendant, and the appropriate 273
sentence shall not be permitted as a part of victim impact 274
evidence. 275
(10) CONSTITUTIONALITY. —Notwithstanding s. 775.082(2) or 276
s. 775.15, or any other provision of law, a sentence of death 277
shall be imposed under this section notwithstanding existing 278
case law which holds that such a sentence is unconstitutional 279
under the State Constitution and the United States Constitution. 280
In any case for which the Florida Supreme Court or the United 281
States Supreme Court reviews a sentence of death imposed 282
pursuant to this section, and in making such a review 283
reconsiders the prior holdi ngs in Buford v. State of Florida, 284
403 So. 2d 943 (Fla. 1981), and Kennedy v. Louisiana, 554 U.S. 285
407 (2008), and determines that a sentence of death remains 286
unconstitutional, the court having jurisdiction over the person 287
previously sentenced to death shal l cause such person to be 288
brought before the court, and the court shall sentence such 289
person to life imprisonment as provided in s. 775.082(1). 290
(11) APPLICABILITY. —This section applies to any capital 291
felony under s. 787.062 that is committed on or after October 1, 292
2025. 293
Section 3. Paragraph (o) is added to subsection (1) of 294
section 924.07, Florida Statutes, to read: 295
924.07 Appeal by state. — 296
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 13 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) The state may appeal from: 297
(o) The sentence in a case of capital human trafficking of 298
vulnerable persons for sexual exploitation on the ground that it 299
resulted from the circuit court's failure to comply with 300
sentencing procedures under s. 921.1427, including by striking a 301
notice of intent to seek the death penalty, refusing to impanel 302
a capital jury, or ot herwise granting relief that prevents the 303
state from seeking a sentence of death. 304
Section 4. Subsection (4) of section 921.137, Florida 305
Statutes, is amended to read: 306
921.137 Imposition of the death sentence upon an 307
intellectually disabled defendant p rohibited.— 308
(4) After a defendant who has given notice of his or her 309
intention to raise intellectual disability as a bar to the death 310
sentence is convicted of a capital felony and an advisory jury 311
has returned a recommended sentence of death, the defenda nt may 312
file a motion to determine whether the defendant is 313
intellectually disabled. Upon receipt of the motion, the court 314
shall appoint two experts in the field of intellectual 315
disabilities who shall evaluate the defendant and report their 316
findings to the court and all interested parties prior to the 317
final sentencing hearing. Notwithstanding s. 921.141, s. 318
921.142, or s. 921.1425, or s. 921.1427, the final sentencing 319
hearing shall be held without a jury. At the final sentencing 320
hearing, the court shall cons ider the findings of the court -321
CS/HB 1283 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1283-01-c1
Page 14 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
appointed experts and consider the findings of any other expert 322
which is offered by the state or the defense on the issue of 323
whether the defendant has an intellectual disability. If the 324
court finds, by clear and convincing ev idence, that the 325
defendant has an intellectual disability as defined in 326
subsection (1), the court may not impose a sentence of death and 327
shall enter a written order that sets forth with specificity the 328
findings in support of the determination. 329
Section 5. Subsection (9) of section 921.141, Florida 330
Statutes, is amended to read: 331
921.141 Sentence of death or life imprisonment for capital 332
felonies; further proceedings to determine sentence. — 333
(9) APPLICABILITY.—This section does not apply to a person 334
convicted or adjudicated guilty of a capital sexual battery 335
under s. 794.011, capital human trafficking of vulnerable 336
persons for sexual exploitation under s. 787.062, or a capital 337
drug trafficking felony under s. 893.135. 338
Section 6. This act shall take effect October 1, 2025. 339