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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; amending 3
s. 787.06, F.S.; providing a definition; prohibiting a 4
person 18 years of age or older from knowingly 5
initiating, organizing, planning, financing, 6
directing, managing, or supervising a venture that has 7
subjected a child younger than 12 years of age, or a 8
person who is mentally defective or mentally 9
incapacitated to human trafficking for sexual 10
exploitation; providing a criminal penalty; requiring 11
the state to give a specified notice if it intends to 12
seek the death penalty for a violation of the offense; 13
creating s. 921.1427, F.S.; providing legislative 14
intent; providing for separate death penalty 15
proceedings in certain cases; providing for findings 16
and recommended sentences by a jury; providing for 17
imposition of sentence of life imprisonment or death; 18
providing requirements for a court order in support of 19
a life imprisonment or death sentence; providing for 20
automatic review of sentences of death within a 21
certain time period; specifying aggravating factors 22
and mitigating circumstances; providing for victim 23
impact evidence; providing for resentencing if 24
provisions are found to be unconstitutional; providing 25
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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
applicability; amending s. 924.07, F.S.; authorizing 26
the state to appeal from a sentence on the ground that 27
it resulted from the failure of the circuit court to 28
comply with specified sentencing procedure 29
requirements; amending ss. 92.565, 456.51, 775.0877, 30
775.21, 787.01, 787.02, 921.137, 921.141, 943.0435, 31
944.606, 944.607, 948.32, and 960.065, F.S.; 32
conforming provisions to changes made by the act; 33
providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Paragraphs (i) through (k) of subsection (2) of 38
section 787.06, Florida Statutes, are redesignated as paragraphs 39
(j) through (l), a new paragraph (i) is added to that 40
subsection, subsections (5) through (13) are renumbered as 41
subsections (6) through (14), and a new subsection (5) is added 42
to that section, to re ad: 43
787.06 Human trafficking. — 44
(2) As used in this section, the term: 45
(i) "Sexual exploitation" means any violation of s. 46
794.011, excluding a violation of s. 794.011(10). 47
(5)(a) Any person 18 years of age or older who knowingly 48
initiates, organizes, plans, finances, directs, manages, or 49
supervises a venture that has subjected a child younger than 12 50
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years of age, or a person who is mentally defective or mentally 51
incapacitated as those terms are defined in s. 794.011(1), to 52
human trafficking for sex ual exploitation commits capital human 53
trafficking of vulnerable persons for sexual exploitation, a 54
capital felony punishable as provided in ss. 775.082 and 55
921.1427. 56
(b) For each instance of human trafficking of any 57
individual under paragraph (a), a sep arate crime is committed 58
and a separate punishment is authorized. 59
(c) In all capital cases under this subsection, the 60
procedure in s. 921.1427 shall be followed to determine a 61
sentence of death or life imprisonment. 62
(d) If the prosecutor intends to se ek the death penalty, 63
the prosecutor must give notice to the defendant and file the 64
notice with the court within 45 days after arraignment. The 65
notice must contain a list of the aggravating factors the state 66
intends to prove and has reason to believe it ca n prove beyond a 67
reasonable doubt. The court may allow the prosecutor to amend 68
the notice upon a showing of good cause. 69
Section 2. Section 921.1427, Florida Statutes, is created 70
to read: 71
921.1427 Sentence of death or life imprisonment for 72
capital human trafficking of vulnerable persons for sexual 73
exploitation; further proceedings to determine sentence. — 74
(1) INTENT.— 75
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(a) The Legislature finds that a person who commits the 76
offense of initiating, organizing, planning, financing, 77
directing, managing, or supervising a venture that has subjected 78
a child younger than 12 years of age, or a person who is 79
mentally defective or mentally incapacitated, to human 80
trafficking for sexual exploitation in violation of s. 787.06(5) 81
imposes a great risk of death and danger to vulnerable members 82
of this state. Such crimes exploit society's most vulnerable 83
citizens, destroy the innocence of young children, and violate 84
all standards of decency held by civilized society, and persons 85
who commit such acts against such vulne rable persons may be 86
determined by the trier of fact to have a culpable mental state 87
of reckless indifference or disregard for human life. 88
(b) It is the intent of the Legislature that the procedure 89
in this section shall be followed, and a prosecutor must file 90
notice, as provided in s. 787.06(5), if he or she intends to 91
seek the death penalty. 92
(2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY. —Upon 93
conviction or an adjudication of guilt of a defendant of a 94
capital felony under s. 787.06(5), the court shall co nduct a 95
separate sentencing proceeding to determine whether the 96
defendant should be sentenced to death or life imprisonment as 97
authorized by s. 775.082. The proceeding shall be conducted by 98
the trial judge before the trial jury as soon as practicable. 99
If, through impossibility or inability, the trial jury is unable 100
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to reconvene for a hearing on the issue of penalty, having 101
determined the guilt of the accused, the trial judge may summon 102
a special juror or jurors as provided in chapter 913 to 103
determine the issue of the imposition of the penalty. If the 104
trial jury has been waived, or if the defendant pleaded guilty, 105
the sentencing proceeding shall be conducted before a jury 106
impaneled for that purpose, unless waived by the defendant. In 107
the proceeding, evidence may be presented as to any matter that 108
the court deems relevant to the nature of the crime and the 109
character of the defendant and shall include matters relating to 110
any of the aggravating factors enumerated in subsection (7) and 111
for which notice has been pr ovided pursuant to s. 787.06(5) or 112
mitigating circumstances enumerated in subsection (8). Any such 113
evidence that the court deems to have probative value may be 114
received, regardless of its admissibility under the exclusionary 115
rules of evidence, provided the defendant is accorded a fair 116
opportunity to rebut any hearsay statements. However, this 117
subsection shall not be construed to authorize the introduction 118
of any evidence secured in violation of the United States 119
Constitution or the State Constitution. The s tate and the 120
defendant or the defendant's counsel shall be permitted to 121
present argument for or against a sentence of death. 122
(3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 123
subsection applies only if the defendant has not waived his or 124
her right to a sentencing proceeding by a jury. 125
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(a) After hearing all of the evidence presented regarding 126
aggravating factors and mitigating circumstances, the jury shall 127
deliberate and determine if the state has proven, beyond a 128
reasonable doubt, the existence of at least two aggravating 129
factors set forth in subsection (7). 130
(b) The jury shall return findings identifying each 131
aggravating factor found to exist. A finding that at least two 132
aggravating factors exist must be unanimous. If the jury: 133
1. Does not unanimously find at least two aggravating 134
factors, the defendant is ineligible for a sentence of death. 135
2. Unanimously finds at least two aggravating factors, the 136
defendant is eligible for a sentence of death and the jury shall 137
make a recommendation to the c ourt as to whether the defendant 138
shall be sentenced to life imprisonment without the possibility 139
of parole or to death. The recommendation shall be based on a 140
weighing of all of the following: 141
a. Whether sufficient aggravating factors exist. 142
b. Whether aggravating factors exist which outweigh the 143
mitigating circumstances found to exist. 144
c. Based on the considerations in sub -subparagraphs a. and 145
b., whether the defendant should be sentenced to life 146
imprisonment without the possibility of parole or to d eath. 147
(c) If at least eight jurors determine that the defendant 148
should be sentenced to death, the jury's recommendation to the 149
court shall be a sentence of death. If fewer than eight jurors 150
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determine that the defendant should be sentenced to death, the 151
jury's recommendation to the court shall be a sentence of life 152
imprisonment without the possibility of parole. 153
(4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 154
(a) If the jury has recommended a sentence of: 155
1. Life imprisonment without the p ossibility of parole, 156
the court shall impose the recommended sentence of life 157
imprisonment without the possibility of parole. 158
2. Death, the court, after considering each aggravating 159
factor found by the jury and all mitigating circumstances, may 160
impose a sentence of life imprisonment without the possibility 161
of parole or a sentence of death. The court may consider only an 162
aggravating factor that was unanimously found to exist by the 163
jury. The court may impose a sentence of death only if the jury 164
unanimously found at least two aggravating factors beyond a 165
reasonable doubt. 166
(b) If the defendant waived his or her right to a 167
sentencing proceeding by a jury, the court, after considering 168
all aggravating factors and mitigating circumstances, may impose 169
a sentence of life imprisonment without the possibility of 170
parole or a sentence of death. The court may impose a sentence 171
of death only if the court finds that at least two aggravating 172
factors have been proven to exist beyond a reasonable doubt. 173
(5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 174
IMPRISONMENT OR DEATH. —In each case in which the court imposes a 175
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sentence of life imprisonment without the possibility of parole 176
or death, the court shall, considering the records of the trial 177
and the sentencing proceedi ngs, enter a written order addressing 178
the aggravating factors set forth in subsection (7) found to 179
exist, the mitigating circumstances in subsection (8) reasonably 180
established by the evidence, whether there are sufficient 181
aggravating factors to warrant the death penalty, and whether 182
the aggravating factors outweigh the mitigating circumstances 183
reasonably established by the evidence. The court shall include 184
in its written order the reasons for not accepting the jury's 185
recommended sentence, if applicable. If the court does not issue 186
its order requiring the death sentence within 30 days after the 187
rendition of the judgment and sentence, the court shall impose a 188
sentence of life imprisonment without the possibility of parole 189
in accordance with s. 775.082. 190
(6) REVIEW OF JUDGMENT AND SENTENCE. —The judgment of 191
conviction and sentence of death shall be subject to automatic 192
review by the Supreme Court and disposition rendered within 2 193
years after the filing of a notice of appeal. Such review by the 194
Supreme Court shall have priority over all other cases and shall 195
be heard in accordance with rules adopted by the Supreme Court. 196
(7) AGGRAVATING FACTORS. —Aggravating factors shall be 197
limited to the following: 198
(a) The capital felony was committed by a person 199
previously convicted of a felony violation under s. 787.06 and 200
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under sentence of imprisonment or placed on community control or 201
on felony probation. 202
(b) The defendant was previously convicted of another 203
capital felony or of a felony involving the use or threat of 204
violence to the person. 205
(c) The capital felony was committed by a person 206
designated as a sexual predator pursuant to s. 775.21 or a 207
person previously designated as a sexual predator who had the 208
sexual predator designation removed. 209
(d) The capital felony was committed by a sexual offender 210
who is required to register pursuant to s. 943.0435 or a person 211
previously required to register as a sexual offender who had 212
such requirement removed. 213
(e) The defendant knowingly created a great risk of death 214
to one or more persons such that participation in the offense 215
constituted reckless indifference or disregard for human life. 216
(f) The defendant used a firearm or knowingly directed, 217
advised, authorized, or assisted another to use a firearm to 218
threaten, intimidate, assault, or injure a person in committing 219
the offense or in furtherance of the offense. 220
(g) The capital felony was especially heinous, atrocious, 221
or cruel. 222
(h) The victim of the capital felony was particularly 223
vulnerable due to age or disability, or be cause the defendant 224
stood in a position of familial or custodial authority over the 225
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victim. 226
(i) The capital felony was committed by a person subject 227
to an injunction issued pursuant to s. 741.30 or s. 784.046, or 228
a foreign protection order accorded full faith and credit 229
pursuant to s. 741.315, and was committed against the petitioner 230
who obtained the injunction or protection order or any spouse, 231
child, sibling, or parent of the petitioner. 232
(j) The victim of the capital felony sustained serious 233
bodily injury. 234
(8) MITIGATING CIRCUMSTANCES. —Mitigating circumstances 235
shall include the following: 236
(a) The defendant has no significant history of prior 237
criminal activity. 238
(b) The capital felony was committed while the defendant 239
was under the influence of extreme mental or emotional 240
disturbance. 241
(c) The defendant was an accomplice in the capital felony 242
committed by another person, and the defendant's participation 243
was relatively minor. 244
(d) The defendant was under extreme duress or under the 245
substantial domination of another person. 246
(e) The capacity of the defendant to appreciate the 247
criminality of her or his conduct or to conform his or her 248
conduct to the requirements of law was substantially impaired. 249
(f) The age of the defendant at the time of the offense. 250
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(g) The defendant could not have reasonably foreseen that 251
his or her conduct in the course of the commission of the 252
offense would cause or would create a grave risk of death to one 253
or more persons. 254
(h) The existence of any other factors in the defendant's 255
background that would mitigate against imposition of the death 256
penalty. 257
(9) VICTIM IMPACT EVIDENCE. —Once the prosecution has 258
provided evidence of the existence of two or more aggravating 259
factors as described in subsection (7), the prosecutio n may 260
introduce, and subsequently argue, victim impact evidence to the 261
jury. Such evidence shall be designed to demonstrate the 262
victim's uniqueness as an individual human being and the 263
physical and psychological harm to the victim. Characterizations 264
and opinions about the crime, the defendant, and the appropriate 265
sentence shall not be permitted as a part of victim impact 266
evidence. 267
(10) CONSTITUTIONALITY. —Notwithstanding s. 775.082(2) or 268
s. 775.15, or any other provision of law, a sentence of death 269
shall be imposed under this section notwithstanding existing 270
case law which holds that such a sentence is unconstitutional 271
under the State Constitution and the United States Constitution. 272
In any case for which the Florida Supreme Court or the United 273
States Supreme Court reviews a sentence of death imposed 274
pursuant to this section, and in making such a review 275
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reconsiders the prior holdings in Buford v. State of Florida, 276
403 So. 2d 943 (Fla. 1981), and Kennedy v. Louisiana, 554 U.S. 277
407 (2008), and determines that a sentence of death remains 278
unconstitutional, the court having jurisdiction over the person 279
previously sentenced to death shall cause such person to be 280
brought before the court, and the court shall sentence such 281
person to life imprisonment as provided in s. 775.082(1). 282
(11) APPLICABILITY. —This section applies to any capital 283
felony under s. 787.06(5) that is committed on or after October 284
1, 2025. 285
Section 3. Paragraph (o) is added to subsection (1) of 286
section 924.07, Florida Statutes, to read: 287
924.07 Appeal by state.— 288
(1) The state may appeal from: 289
(o) The sentence in a case of capital human trafficking of 290
vulnerable persons for sexual exploitation on the ground that it 291
resulted from the circuit court's failure to comply with 292
sentencing procedures u nder s. 921.1427, including by striking a 293
notice of intent to seek the death penalty, refusing to impanel 294
a capital jury, or otherwise granting relief that prevents the 295
state from seeking a sentence of death. 296
Section 4. Subsection (2) of section 92.565 , Florida 297
Statutes, is amended to read: 298
92.565 Admissibility of confession in sexual abuse cases. — 299
(2) In any criminal action in which the defendant is 300
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charged with a crime against a victim under s. 787.06(3), 301
involving commercial sexual activity; s. 787.06(5); s. 794.011; 302
s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual 303
abuse; s. 827.04, involving sexual abuse; s. 827.071; or s. 304
847.0135(5), or any other crime involving sexual abuse of 305
another, or with any attempt, solicitation, or conspira cy to 306
commit any of these crimes, the defendant's memorialized 307
confession or admission is admissible during trial without the 308
state having to prove a corpus delicti of the crime if the court 309
finds in a hearing conducted outside the presence of the jury 310
that the state is unable to show the existence of each element 311
of the crime, and having so found, further finds that the 312
defendant's confession or admission is trustworthy. Factors 313
which may be relevant in determining whether the state is unable 314
to show the existence of each element of the crime include, but 315
are not limited to, the fact that, at the time the crime was 316
committed, the victim was: 317
(a) Physically helpless, mentally incapacitated, or 318
mentally defective, as those terms are defined in s. 794.011; 319
(b) Physically incapacitated due to age, infirmity, or any 320
other cause; or 321
(c) Less than 12 years of age. 322
Section 5. Paragraph (e) of subsection (2) of section 323
456.51, Florida Statutes, is amended to read: 324
456.51 Consent for pelvic examinations. — 325
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(2) A health care practitioner, a medical student, or any 326
other student receiving training as a health care practitioner 327
may not perform a pelvic examination on an anesthetized or 328
unconscious patient without the written consent of the patient 329
or the patient's legal representative executed specific to, and 330
expressly identifying, the pelvic examination. If the patient is 331
conscious, informed verbal consent must be obtained for the 332
pelvic examination in addition to any written consent obtained. 333
Consent is not required if: 334
(e) The pelvic examination is administered pursuant to a 335
criminal investigation of an alleged violation related to child 336
abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g); 337
s. 787.06(5); chapter 794; chapter 796; chapter 800; ch apter 338
827; or chapter 847. 339
Section 6. Paragraph (o) of subsection (1) of section 340
775.0877, Florida Statutes, is amended to read: 341
775.0877 Criminal transmission of HIV; procedures; 342
penalties.— 343
(1) In any case in which a person has been convicted of or 344
has pled nolo contendere or guilty to, regardless of whether 345
adjudication is withheld, any of the following offenses, or the 346
attempt thereof, which offense or attempted offense involves the 347
transmission of body fluids from one person to another: 348
(o) Sections 787.06(3)(b), (d), (f), and (g) and 349
787.06(5), relating to human trafficking, 350
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351
the court shall order the offender to undergo HIV testing, to be 352
performed under the direction of the Department of Health in 353
accordance with s. 381.004, unless th e offender has undergone 354
HIV testing voluntarily or pursuant to procedures established in 355
s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or 356
rule providing for HIV testing of criminal offenders or inmates, 357
subsequent to her or his arrest for a n offense enumerated in 358
paragraphs (a)-(n) for which she or he was convicted or to which 359
she or he pled nolo contendere or guilty. The results of an HIV 360
test performed on an offender pursuant to this subsection are 361
not admissible in any criminal proceeding arising out of the 362
alleged offense. 363
Section 7. Paragraph (a) of subsection (4) of section 364
775.21, Florida Statutes, is amended to read: 365
775.21 The Florida Sexual Predators Act. — 366
(4) SEXUAL PREDATOR CRITERIA. — 367
(a) For a current offense committed on or after October 1, 368
1993, upon conviction, an offender shall be designated as a 369
"sexual predator" under subsection (5), and subject to 370
registration under subsection (6) and community and public 371
notification under subsection (7) if: 372
1. The felony is: 373
a. A capital, life, or first degree felony violation, or 374
any attempt thereof, of s. 787.01 or s. 787.02, where the victim 375
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is a minor, or s. 787.06(3)(f) or (g), where the victim is a 376
minor; s. 787.06(5); s. 794.011, s. 800.04, or s. 847.0145, or a 377
violation of a similar law of another jurisdiction; or 378
b. Any felony violation, or any attempt thereof, of s. 379
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 380
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 381
(d), (f), or (g); former s. 787.06 (3)(h); s. 787.06(5); s. 382
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 383
former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 384
827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 385
895.03, if the court makes a written fi nding that the 386
racketeering activity involved at least one sexual offense 387
listed in this sub-subparagraph or at least one offense listed 388
in this sub-subparagraph with sexual intent or motive; s. 389
916.1075(2); or s. 985.701(1); or a violation of a similar la w 390
of another jurisdiction, and the offender has previously been 391
convicted of or found to have committed, or has pled nolo 392
contendere or guilty to, regardless of adjudication, any 393
violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 394
787.02, or s. 787.025(2)(c), where the victim is a minor; s. 395
787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 396
787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 397
former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 398
827.071; s. 847.0133; s. 847.01 35, excluding s. 847.0135(6); s. 399
847.0145; s. 895.03, if the court makes a written finding that 400
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the racketeering activity involved at least one sexual offense 401
listed in this sub-subparagraph or at least one offense listed 402
in this sub-subparagraph with sexu al intent or motive; s. 403
916.1075(2); or s. 985.701(1); or a violation of a similar law 404
of another jurisdiction; 405
2. The offender has not received a pardon for any felony 406
or similar law of another jurisdiction that is necessary for the 407
operation of this pa ragraph; and 408
3. A conviction of a felony or similar law of another 409
jurisdiction necessary to the operation of this paragraph has 410
not been set aside in any postconviction proceeding. 411
Section 8. Subsection (3) of section 787.01, Florida 412
Statutes, is amended to read: 413
787.01 Kidnapping; kidnapping of child under age 13, 414
aggravating circumstances. — 415
(3)(a) A person who commits the offense of kidnapping upon 416
a child under the age of 13 and who, in the course of committing 417
the offense, commits one or more of the following: 418
1. Aggravated child abuse, as defined in s. 827.03; 419
2. Sexual battery, as defined in chapter 794, against the 420
child; 421
3. Lewd or lascivious battery, lewd or lascivious 422
molestation, lewd or lascivious conduct, or lewd or lascivious 423
exhibition, in violation of s. 800.04 or s. 847.0135(5); 424
4. A violation of former s. 796.03 or s. 796.04, relating 425
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to prostitution, upon the child; 426
5. Exploitation of the child or allowing the child to be 427
exploited, in violation of s. 450.151; or 428
6. A violation of s. 787.06(3)(g) or s. 787.06(5), 429
relating to human trafficking, 430
commits a life felony, punishable as provided in s. 775.082, s. 431
775.083, or s. 775.084. 432
(b) Pursuant to s. 775.021(4), nothing contained herein 433
shall be construed to prohibit t he imposition of separate 434
judgments and sentences for the life felony described in 435
paragraph (a) and for each separate offense enumerated in 436
subparagraphs (a)1.-6. (a)1.-5. 437
Section 9. Subsection (3) of section 787.02, Florida 438
Statutes, is amended to re ad: 439
787.02 False imprisonment; false imprisonment of child 440
under age 13, aggravating circumstances. — 441
(3)(a) A person who commits the offense of false 442
imprisonment upon a child under the age of 13 and who, in the 443
course of committing the offense, commit s any offense enumerated 444
in subparagraphs 1.-6. 1.-5., commits a felony of the first 445
degree, punishable by imprisonment for a term of years not 446
exceeding life or as provided in s. 775.082, s. 775.083, or s. 447
775.084. 448
1. Aggravated child abuse, as defined in s. 827.03; 449
2. Sexual battery, as defined in chapter 794, against the 450
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child; 451
3. Lewd or lascivious battery, lewd or lascivious 452
molestation, lewd or lascivious conduct, or lewd or lascivious 453
exhibition, in violation of s. 800.04 or s. 847.0135(5); 454
4. A violation of former s. 796.03 or s. 796.04, relating 455
to prostitution, upon the child; 456
5. Exploitation of the child or allowing the child to be 457
exploited, in violation of s. 450.151; or 458
6. A violation of s. 787.06(3)(g) or s. 787.06(5), 459
relating to human trafficking. 460
(b) Pursuant to s. 775.021(4), nothing contained herein 461
shall be construed to prohibit the imposition of separate 462
judgments and sentences for the first degree offense described 463
in paragraph (a) and for each separate offens e enumerated in 464
subparagraphs (a)1.-6. (a)1.-5. 465
Section 10. Subsection (4) of section 921.137, Florida 466
Statutes, is amended to read: 467
921.137 Imposition of the death sentence upon an 468
intellectually disabled defendant prohibited. — 469
(4) After a defenda nt who has given notice of his or her 470
intention to raise intellectual disability as a bar to the death 471
sentence is convicted of a capital felony and an advisory jury 472
has returned a recommended sentence of death, the defendant may 473
file a motion to determine whether the defendant is 474
intellectually disabled. Upon receipt of the motion, the court 475
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shall appoint two experts in the field of intellectual 476
disabilities who shall evaluate the defendant and report their 477
findings to the court and all interested parties prior to the 478
final sentencing hearing. Notwithstanding s. 921.141, s. 479
921.142, or s. 921.1425, or s. 921.1427, the final sentencing 480
hearing shall be held without a jury. At the final sentencing 481
hearing, the court shall consider the findings of the court -482
appointed experts and consider the findings of any other expert 483
which is offered by the state or the defense on the issue of 484
whether the defendant has an intellectual disability. If the 485
court finds, by clear and convincing evidence, that the 486
defendant has an intellectual disability as defined in 487
subsection (1), the court may not impose a sentence of death and 488
shall enter a written order that sets forth with specificity the 489
findings in support of the determination. 490
Section 11. Subsection (9) of section 921 .141, Florida 491
Statutes, is amended to read: 492
921.141 Sentence of death or life imprisonment for capital 493
felonies; further proceedings to determine sentence. — 494
(9) APPLICABILITY.—This section does not apply to a person 495
convicted or adjudicated guilty of a capital sexual battery 496
under s. 794.011, capital human trafficking of vulnerable 497
persons for sexual exploitation under s. 787.06(5), or a capital 498
drug trafficking felony under s. 893.135. 499
Section 12. Paragraph (h) of subsection (1) of section 500
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943.0435, Florida Statutes, is amended to read: 501
943.0435 Sexual offenders required to register with the 502
department; penalty. — 503
(1) As used in this section, the term: 504
(h)1. "Sexual offender" means a person who meets the 505
criteria in sub-subparagraph a., sub -subparagraph b., sub-506
subparagraph c., or sub -subparagraph d., as follows: 507
a.(I) Has been convicted of committing, or attempting, 508
soliciting, or conspiring to commit, any of the criminal 509
offenses proscribed in the following statutes in this state or 510
similar offenses in another jurisdiction: s. 393.135(2); s. 511
394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 512
the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 513
s. 787.06(3)(h); s. 787.06(5); s. 794.011, excluding s. 514
794.011(10); s. 794.0 5; former s. 796.03; former s. 796.035; s. 515
800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 516
847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 517
847.0145; s. 895.03, if the court makes a written finding that 518
the racketeering acti vity involved at least one sexual offense 519
listed in this sub-sub-subparagraph or at least one offense 520
listed in this sub-sub-subparagraph with sexual intent or 521
motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 522
committed in this state which h as been redesignated from a 523
former statute number to one of those listed in this sub -sub-524
subparagraph; and 525
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(II) Has been released on or after October 1, 1997, from a 526
sanction imposed for any conviction of an offense described in 527
sub-sub-subparagraph (I) and does not otherwise meet the 528
criteria for registration as a sexual offender under chapter 944 529
or chapter 985. For purposes of this sub -sub-subparagraph, a 530
sanction imposed in this state or in any other jurisdiction 531
means probation, community control, pa role, conditional release, 532
control release, or incarceration in a state prison, federal 533
prison, contractor-operated correctional facility, or local 534
detention facility. If no sanction is imposed, the person is 535
deemed to be released upon conviction; 536
b. Establishes or maintains a residence in this state and 537
who has not been designated as a sexual predator by a court of 538
this state but who has been designated as a sexual predator, as 539
a sexually violent predator, or any other sexual offender 540
designation in another state or jurisdiction and was, as a 541
result of such designation, subjected to registration or 542
community or public notification, or both, or would be if the 543
person were a resident of that state or jurisdiction, without 544
regard to whether the person otherw ise meets the criteria for 545
registration as a sexual offender; 546
c. Establishes or maintains a residence in this state who 547
is in the custody or control of, or under the supervision of, 548
any other state or jurisdiction as a result of a conviction for 549
committing, or attempting, soliciting, or conspiring to commit, 550
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any of the criminal offenses proscribed in the following 551
statutes or similar offense in another jurisdiction: s. 552
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 553
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 554
(d), (f), or (g); former s. 787.06(3)(h); s. 787.06(5); s. 555
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 556
former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 557
827.071; s. 847.0133; s. 847.0135, excludi ng s. 847.0135(6); s. 558
847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court 559
makes a written finding that the racketeering activity involved 560
at least one sexual offense listed in this sub -subparagraph or 561
at least one offense listed in this sub -subparagraph with sexual 562
intent or motive; s. 916.1075(2); or s. 985.701(1); or any 563
similar offense committed in this state which has been 564
redesignated from a former statute number to one of those listed 565
in this sub-subparagraph; or 566
d. On or after July 1, 2007, has been adjudicated 567
delinquent for committing, or attempting, soliciting, or 568
conspiring to commit, any of the criminal offenses proscribed in 569
the following statutes in this state or similar offenses in 570
another jurisdiction when the juvenile was 14 years of age or 571
older at the time of the offense: 572
(I) Section 794.011, excluding s. 794.011(10); 573
(II) Section 800.04(4)(a)2. where the victim is under 12 574
years of age or where the court finds sexual activity by the use 575
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of force or coercion; 576
(III) Section 800.04(5)(c)1. where the court finds 577
molestation involving unclothed genitals; 578
(IV) Section 800.04(5)(d) where the court finds the use of 579
force or coercion and unclothed genitals; or 580
(V) Any similar offense committed in this state which has 581
been redesignated from a former statute number to one of those 582
listed in this sub-subparagraph. 583
2. For all qualifying offenses listed in sub -subparagraph 584
1.d., the court shall make a written finding of the age of the 585
offender at the time of the offense. 586
For each violation of a qualifying offense listed in this 587
subsection, except for a violation of s. 794.011, the court 588
shall make a written finding of the age of the victim at the 589
time of the offense. For a violation of s. 800.04(4), the court 590
shall also make a written finding indicating whether the offense 591
involved sexual activity and indicating whether the offense 592
involved force or coercion. For a violation of s. 800.04(5), the 593
court shall also make a written finding that the offense did or 594
did not involve unclothed g enitals or genital area and that the 595
offense did or did not involve the use of force or coercion. 596
Section 13. Paragraph (f) of subsection (1) of section 597
944.606, Florida Statutes, is amended to read: 598
944.606 Sexual offenders; notification upon releas e.— 599
(1) As used in this section, the term: 600
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(f) "Sexual offender" means a person who has been 601
convicted of committing, or attempting, soliciting, or 602
conspiring to commit, any of the criminal offenses proscribed in 603
the following statutes in this state or similar offenses in 604
another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 605
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 606
787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 607
787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 608
former s. 796.03; former s. 796.03 5; s. 800.04; s. 810.145(8); 609
s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 610
847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 611
if the court makes a written finding that the racketeering 612
activity involved at least one sexual off ense listed in this 613
paragraph or at least one offense listed in this paragraph with 614
sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or 615
any similar offense committed in this state which has been 616
redesignated from a former statute number to one of those listed 617
in this subsection, when the department has received verified 618
information regarding such conviction; an offender's 619
computerized criminal history record is not, in and of itself, 620
verified information. 621
Section 14. Paragraph (f) of subsectio n (1) of section 622
944.607, Florida Statutes, is amended to read: 623
944.607 Notification to Department of Law Enforcement of 624
information on sexual offenders. — 625
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(1) As used in this section, the term: 626
(f) "Sexual offender" means a person who is in the custo dy 627
or control of, or under the supervision of, the department or is 628
in the custody of a contractor -operated correctional facility: 629
1. On or after October 1, 1997, as a result of a 630
conviction for committing, or attempting, soliciting, or 631
conspiring to commit, any of the criminal offenses proscribed in 632
the following statutes in this state or similar offenses in 633
another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 634
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 635
787.06(3)(b), (d), ( f), or (g); former s. 787.06(3)(h); s. 636
787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 637
former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); 638
s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 639
847.0135(6); s. 847.0137; s. 8 47.0138; s. 847.0145; s. 895.03, 640
if the court makes a written finding that the racketeering 641
activity involved at least one sexual offense listed in this 642
subparagraph or at least one offense listed in this subparagraph 643
with sexual intent or motive; s. 916.1 075(2); or s. 985.701(1); 644
or any similar offense committed in this state which has been 645
redesignated from a former statute number to one of those listed 646
in this paragraph; or 647
2. Who establishes or maintains a residence in this state 648
and who has not been designated as a sexual predator by a court 649
of this state but who has been designated as a sexual predator, 650
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as a sexually violent predator, or by another sexual offender 651
designation in another state or jurisdiction and was, as a 652
result of such designation, subjected to registration or 653
community or public notification, or both, or would be if the 654
person were a resident of that state or jurisdiction, without 655
regard as to whether the person otherwise meets the criteria for 656
registration as a sexual offender. 657
Section 15. Subsection (1) of section 948.32, Florida 658
Statutes, is amended to read: 659
948.32 Requirements of law enforcement agency upon arrest 660
of persons for certain sex offenses. — 661
(1) When any state or local law enforcement agency 662
investigates or arre sts a person for committing, or attempting, 663
soliciting, or conspiring to commit, a violation of s. 664
787.025(2)(c), s. 787.06(3)(g), s. 787.06(5), chapter 794, 665
former s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 666
847.0135, or s. 847.0145, the law enforce ment agency shall 667
contact the Department of Corrections to verify whether the 668
person under investigation or under arrest is on probation, 669
community control, parole, conditional release, or control 670
release. 671
Section 16. Subsection (2) of section 960.065, Florida 672
Statutes, is amended to read: 673
960.065 Eligibility for awards. — 674
(2) Any claim filed by or on behalf of a person who: 675
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(a) Committed or aided in the commission of the crime upon 676
which the claim for compensation was based; 677
(b) Was engaged in a n unlawful activity at the time of the 678
crime upon which the claim for compensation is based, unless the 679
victim was engaged in prostitution as a result of being a victim 680
of human trafficking as described in s. 787.06(3)(b), (d), (f), 681
or (g), or s. 787.06(5); 682
(c) Was in custody or confined, regardless of conviction, 683
in a county or municipal detention facility, a state or federal 684
correctional facility, or a juvenile detention or commitment 685
facility at the time of the crime upon which the claim for 686
compensation is based; 687
(d) Has been adjudicated as a habitual felony offender, 688
habitual violent offender, or violent career criminal under s. 689
775.084; or 690
(e) Has been adjudicated guilty of a forcible felony 691
offense as described in s. 776.08, 692
693
is ineligible for an award. 694
Section 17. This act shall take effect October 1, 2025. 695