FL
Florida House Bill H1283

Florida 2025 Regular Session

Florida House Bill H1283 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to capital human trafficking of 2
16-vulnerable persons for sexual exploitation; amending 3
17-s. 787.06, F.S.; providing a definition; prohibiting a 4
18-person 18 years of age or older from knowingly 5
19-initiating, organizing, planning, financing, 6
20-directing, managing, or supervising a venture that has 7
21-subjected a child younger than 12 years of age, or a 8
22-person who is mentally defective or mentally 9
23-incapacitated to human trafficking for sexual 10
24-exploitation; providing a criminal penalty; requiring 11
25-the state to give a specified notice if it intends to 12
26-seek the death penalty for a violation of the offense; 13
27-creating s. 921.1427, F.S.; providing legislative 14
28-intent; providing for separate death penalty 15
29-proceedings in certain cases; providing for findings 16
30-and recommended sentences by a jury; providing for 17
31-imposition of sentence of life imprisonment or death; 18
32-providing requirements for a court order in support of 19
33-a life imprisonment or death sentence; providing for 20
34-automatic review of sentences of death within a 21
35-certain time period; specifying aggravating factors 22
36-and mitigating circumstances; providing for victim 23
37-impact evidence; providing for resentencing if 24
38-provisions are found to be unconstitutional; providing 25
16+vulnerable persons for sexual exploitation; creating 3
17+s. 787.062, F.S.; providing legislative findings; 4
18+providing definitions; prohibiting a person 18 years 5
19+of age or older from knowingly engaging in human 6
20+trafficking of vulnerable persons with specified 7
21+knowledge or in reckless disregard of specified 8
22+circumstances; providing a criminal penalty; requiring 9
23+the state to give a specified notice if it intends to 10
24+seek the death penalty for a violation of the offense ; 11
25+creating s. 921.1427, F.S.; providing legislative 12
26+intent; providing for separate death penalty 13
27+proceedings in certain cases; providing for findings 14
28+and recommended sentences by a jury; providing for 15
29+imposition of sentence of life imprisonment or death; 16
30+providing requirements for a court order in support of 17
31+a life imprisonment or death sentence; providing for 18
32+automatic review of sentences of death within a 19
33+certain time period; specifying aggravating factors 20
34+and mitigating circumstances; providing for victi m 21
35+impact evidence; providing for resentencing if 22
36+provisions are found to be unconstitutional; providing 23
37+applicability; amending s. 924.07, F.S.; authorizing 24
38+the state to appeal from a sentence on the ground that 25
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4747 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
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51-applicability; amending s. 924.07, F.S.; authorizing 26
52-the state to appeal from a sentence on the ground that 27
53-it resulted from the failure of the circuit court to 28
54-comply with specified sentencing procedure 29
55-requirements; amending ss. 92.565, 456.51, 775.0877, 30
56-775.21, 787.01, 787.02, 921.137, 921.141, 943.0435, 31
57-944.606, 944.607, 948.32, and 960.065, F.S.; 32
58-conforming provisions to changes made by the act; 33
59-providing an effective date. 34
60- 35
61-Be It Enacted by the Legislature of the State of Florida: 36
62- 37
63- Section 1. Paragraphs (i) through (k) of subsection (2) of 38
64-section 787.06, Florida Statutes, are redesignated as paragraphs 39
65-(j) through (l), a new paragraph (i) is added to that 40
66-subsection, subsections (5) through (13) are renumbered as 41
67-subsections (6) through (14), and a new subsection (5) is added 42
68-to that section, to re ad: 43
69- 787.06 Human trafficking. — 44
70- (2) As used in this section, the term: 45
71- (i) "Sexual exploitation" means any violation of s. 46
72-794.011, excluding a violation of s. 794.011(10). 47
73- (5)(a) Any person 18 years of age or older who knowingly 48
74-initiates, organizes, plans, finances, directs, manages, or 49
75-supervises a venture that has subjected a child younger than 12 50
51+it resulted from the failure of the circuit court to 26
52+comply with specified sentencing procedure 27
53+requirements; amending ss. 921.137 and 921.141, F.S.; 28
54+conforming provisions to changes made by the act; 29
55+providing an effective date. 30
56+ 31
57+Be It Enacted by the Legislature of the State of Florida: 32
58+ 33
59+ Section 1. Section 787.062, Florida Statutes, is created 34
60+to read: 35
61+ 787.062 Capital human trafficking of vulnerable persons 36
62+for sexual exploitation. — 37
63+ (1) The Legislature finds that human trafficking is a form 38
64+of modern-day slavery and that victims of human trafficking 39
65+include young children and other persons who are particularly 40
66+vulnerable because of diminished mental capacity. Additionally, 41
67+the Legislature finds that some perpetrators of human 42
68+trafficking use physical force and violence against their 43
69+victims for the purpose of further subjecting them to sexual 44
70+exploitation. Such crimes exploit society's most vulnerable 45
71+citizens, destroy the innocence of young children, and violate 46
72+all standards of decency held by civilized society. 47
73+ (2) As used in this sect ion, the term: 48
74+ (a) "Human trafficking" has the same meaning as in s. 49
75+787.06(2). 50
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8484 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
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88-years of age, or a person who is mentally defective or mentally 51
89-incapacitated as those terms are defined in s. 794.011(1), to 52
90-human trafficking for sex ual exploitation commits capital human 53
91-trafficking of vulnerable persons for sexual exploitation, a 54
92-capital felony punishable as provided in ss. 775.082 and 55
93-921.1427. 56
94- (b) For each instance of human trafficking of any 57
95-individual under paragraph (a), a sep arate crime is committed 58
96-and a separate punishment is authorized. 59
97- (c) In all capital cases under this subsection, the 60
98-procedure in s. 921.1427 shall be followed to determine a 61
99-sentence of death or life imprisonment. 62
100- (d) If the prosecutor intends to se ek the death penalty, 63
101-the prosecutor must give notice to the defendant and file the 64
102-notice with the court within 45 days after arraignment. The 65
103-notice must contain a list of the aggravating factors the state 66
104-intends to prove and has reason to believe it ca n prove beyond a 67
105-reasonable doubt. The court may allow the prosecutor to amend 68
106-the notice upon a showing of good cause. 69
107- Section 2. Section 921.1427, Florida Statutes, is created 70
108-to read: 71
109- 921.1427 Sentence of death or life imprisonment for 72
110-capital human trafficking of vulnerable persons for sexual 73
111-exploitation; further proceedings to determine sentence. — 74
112- (1) INTENT.— 75
88+ (b) "Mentally defective" and "mentally incapacitated" have 51
89+the same meanings as in s. 794.011. 52
90+ (c) "Vulnerable person" means any: 53
91+1. Child under 12 years of age; or 54
92+2. Person who is mentally defective or mentally 55
93+incapacitated. 56
94+ (3) A person 18 years of age or older commits a capital 57
95+felony, punishable as provided in ss. 775.082 and 921.1427, if 58
96+he or she knowingly engages in human trafficking of a vulnerable 59
97+person, through the use of physical force or violence, and, in 60
98+the course of committing the offense, he or she sells or 61
99+otherwise transfers the vulnerable person to another person with 62
100+knowledge, or in reckless disregard of the fact, that as a 63
101+consequence of the sale or transfer, any person will commit a 64
102+violation of s. 794.011 upon the vulnerable person. 65
103+ 66
104+In all capital cases under this section, the procedure in s. 67
105+921.1427 shall be followed to determine a sentence of death or 68
106+life imprisonment. 69
107+ (4) If the prosecutor intends to seek the death penalty, 70
108+the prosecutor must give notice to the defendant and file the 71
109+notice with the court within 45 days after arraignment. The 72
110+notice must contain a list of the aggravating factors the state 73
111+intends to prove and has reason to believe it can prove beyond a 74
112+reasonable doubt. The court may allow the prosecutor to amend 75
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121121 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
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125- (a) The Legislature finds that a person who commits the 76
126-offense of initiating, organizing, planning, financing, 77
127-directing, managing, or supervising a venture that has subjected 78
128-a child younger than 12 years of age, or a person who is 79
129-mentally defective or mentally incapacitated, to human 80
130-trafficking for sexual exploitation in violation of s. 787.06(5) 81
131-imposes a great risk of death and danger to vulnerable members 82
132-of this state. Such crimes exploit society's most vulnerable 83
133-citizens, destroy the innocence of young children, and violate 84
134-all standards of decency held by civilized society, and persons 85
135-who commit such acts against such vulne rable persons may be 86
136-determined by the trier of fact to have a culpable mental state 87
137-of reckless indifference or disregard for human life. 88
138- (b) It is the intent of the Legislature that the procedure 89
139-in this section shall be followed, and a prosecutor must file 90
140-notice, as provided in s. 787.06(5), if he or she intends to 91
141-seek the death penalty. 92
142- (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY. —Upon 93
143-conviction or an adjudication of guilt of a defendant of a 94
144-capital felony under s. 787.06(5), the court shall co nduct a 95
145-separate sentencing proceeding to determine whether the 96
146-defendant should be sentenced to death or life imprisonment as 97
147-authorized by s. 775.082. The proceeding shall be conducted by 98
148-the trial judge before the trial jury as soon as practicable. 99
149-If, through impossibility or inability, the trial jury is unable 100
125+the notice upon a showing of good cause. 76
126+ Section 2. Section 921.1427, Florida Statutes, is created 77
127+to read: 78
128+ 921.1427 Sentence of death or life imprisonment for 79
129+capital human trafficking of vulnerable persons for sexual 80
130+exploitation; further proceedings to determine sentence. — 81
131+ (1) INTENT.— 82
132+ (a) The Legislature finds that a person who commits the 83
133+offense of human trafficking of a vulnera ble person, through the 84
134+use of physical force or violence, and, in the course of 85
135+committing the offense, sells or transfers the vulnerable person 86
136+to another person with knowledge, or in reckless disregard of 87
137+the fact, that as a consequence of the sale or t ransfer, any 88
138+person will commit a violation of s. 794.011 upon the vulnerable 89
139+person, imposes a great risk of death and danger to vulnerable 90
140+members of this state. Such crimes exploit society's most 91
141+vulnerable citizens, destroy the innocence of young child ren, 92
142+and violate all standards of decency held by civilized society, 93
143+and persons who commit such acts against vulnerable persons may 94
144+be determined by the trier of fact to have a culpable mental 95
145+state of reckless indifference or disregard for human life. 96
146+ (b) It is the intent of the Legislature that the procedure 97
147+in this section shall be followed, and a prosecutor must file 98
148+notice, as provided in s. 787.062(4), if he or she intends to 99
149+seek the death penalty. 100
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158158 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
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162-to reconvene for a hearing on the issue of penalty, having 101
163-determined the guilt of the accused, the trial judge may summon 102
164-a special juror or jurors as provided in chapter 913 to 103
165-determine the issue of the imposition of the penalty. If the 104
166-trial jury has been waived, or if the defendant pleaded guilty, 105
167-the sentencing proceeding shall be conducted before a jury 106
168-impaneled for that purpose, unless waived by the defendant. In 107
169-the proceeding, evidence may be presented as to any matter that 108
170-the court deems relevant to the nature of the crime and the 109
171-character of the defendant and shall include matters relating to 110
172-any of the aggravating factors enumerated in subsection (7) and 111
173-for which notice has been pr ovided pursuant to s. 787.06(5) or 112
174-mitigating circumstances enumerated in subsection (8). Any such 113
175-evidence that the court deems to have probative value may be 114
176-received, regardless of its admissibility under the exclusionary 115
177-rules of evidence, provided the defendant is accorded a fair 116
178-opportunity to rebut any hearsay statements. However, this 117
179-subsection shall not be construed to authorize the introduction 118
180-of any evidence secured in violation of the United States 119
181-Constitution or the State Constitution. The s tate and the 120
182-defendant or the defendant's counsel shall be permitted to 121
183-present argument for or against a sentence of death. 122
184- (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 123
185-subsection applies only if the defendant has not waived his or 124
186-her right to a sentencing proceeding by a jury. 125
162+ (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY. —Upon 101
163+conviction or an adjudication of guilt of a defendant of a 102
164+capital felony under s. 787.062(3), the court shall conduct a 103
165+separate sentencing proceeding to determine whether the 104
166+defendant should be sentenced to death or life imprisonment as 105
167+authorized by s. 775.082. The proceeding shall be conducted by 106
168+the trial judge before the trial jury as soon as practicable. 107
169+If, through impossibility or inability, the trial jury is unable 108
170+to reconvene for a hearing on the issue of penalty, having 109
171+determined the guilt of the accused, the trial judge may summon 110
172+a special juror or jurors as provided in chapter 913 to 111
173+determine the issue of the imposition of the penalty. If the 112
174+trial jury has been waived, or if the defendant pleaded guilty, 113
175+the sentencing proceeding shal l be conducted before a jury 114
176+impaneled for that purpose, unless waived by the defendant. In 115
177+the proceeding, evidence may be presented as to any matter that 116
178+the court deems relevant to the nature of the crime and the 117
179+character of the defendant and shall inc lude matters relating to 118
180+any of the aggravating factors enumerated in subsection (7) and 119
181+for which notice has been provided pursuant to s. 787.062(4) or 120
182+mitigating circumstances enumerated in subsection (8). Any such 121
183+evidence that the court deems to have p robative value may be 122
184+received, regardless of its admissibility under the exclusionary 123
185+rules of evidence, provided the defendant is accorded a fair 124
186+opportunity to rebut any hearsay statements. However, this 125
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195195 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
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199- (a) After hearing all of the evidence presented regarding 126
200-aggravating factors and mitigating circumstances, the jury shall 127
201-deliberate and determine if the state has proven, beyond a 128
202-reasonable doubt, the existence of at least two aggravating 129
203-factors set forth in subsection (7). 130
204- (b) The jury shall return findings identifying each 131
205-aggravating factor found to exist. A finding that at least two 132
206-aggravating factors exist must be unanimous. If the jury: 133
207- 1. Does not unanimously find at least two aggravating 134
208-factors, the defendant is ineligible for a sentence of death. 135
209- 2. Unanimously finds at least two aggravating factors, the 136
210-defendant is eligible for a sentence of death and the jury shall 137
211-make a recommendation to the c ourt as to whether the defendant 138
212-shall be sentenced to life imprisonment without the possibility 139
213-of parole or to death. The recommendation shall be based on a 140
214-weighing of all of the following: 141
215- a. Whether sufficient aggravating factors exist. 142
216- b. Whether aggravating factors exist which outweigh the 143
217-mitigating circumstances found to exist. 144
218- c. Based on the considerations in sub -subparagraphs a. and 145
219-b., whether the defendant should be sentenced to life 146
220-imprisonment without the possibility of parole or to d eath. 147
221- (c) If at least eight jurors determine that the defendant 148
222-should be sentenced to death, the jury's recommendation to the 149
223-court shall be a sentence of death. If fewer than eight jurors 150
199+subsection shall not be construed to authorize th e introduction 126
200+of any evidence secured in violation of the United States 127
201+Constitution or the State Constitution. The state and the 128
202+defendant or the defendant's counsel shall be permitted to 129
203+present argument for or against a sentence of death. 130
204+ (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY. —This 131
205+subsection applies only if the defendant has not waived his or 132
206+her right to a sentencing proceeding by a jury. 133
207+ (a) After hearing all of the evidence presented regarding 134
208+aggravating factors and mitigating circu mstances, the jury shall 135
209+deliberate and determine if the state has proven, beyond a 136
210+reasonable doubt, the existence of at least two aggravating 137
211+factors set forth in subsection (7). 138
212+ (b) The jury shall return findings identifying each 139
213+aggravating factor fo und to exist. A finding that at least two 140
214+aggravating factors exist must be unanimous. If the jury: 141
215+ 1. Does not unanimously find at least two aggravating 142
216+factors, the defendant is ineligible for a sentence of death. 143
217+ 2. Unanimously finds at least two ag gravating factors, the 144
218+defendant is eligible for a sentence of death and the jury shall 145
219+make a recommendation to the court as to whether the defendant 146
220+shall be sentenced to life imprisonment without the possibility 147
221+of parole or to death. The recommendation shall be based on a 148
222+weighing of all of the following: 149
223+ a. Whether sufficient aggravating factors exist. 150
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232232 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
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236-determine that the defendant should be sentenced to death, the 151
237-jury's recommendation to the court shall be a sentence of life 152
238-imprisonment without the possibility of parole. 153
239- (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 154
240- (a) If the jury has recommended a sentence of: 155
241- 1. Life imprisonment without the p ossibility of parole, 156
242-the court shall impose the recommended sentence of life 157
243-imprisonment without the possibility of parole. 158
244- 2. Death, the court, after considering each aggravating 159
245-factor found by the jury and all mitigating circumstances, may 160
246-impose a sentence of life imprisonment without the possibility 161
247-of parole or a sentence of death. The court may consider only an 162
248-aggravating factor that was unanimously found to exist by the 163
249-jury. The court may impose a sentence of death only if the jury 164
250-unanimously found at least two aggravating factors beyond a 165
251-reasonable doubt. 166
252- (b) If the defendant waived his or her right to a 167
253-sentencing proceeding by a jury, the court, after considering 168
254-all aggravating factors and mitigating circumstances, may impose 169
255-a sentence of life imprisonment without the possibility of 170
256-parole or a sentence of death. The court may impose a sentence 171
257-of death only if the court finds that at least two aggravating 172
258-factors have been proven to exist beyond a reasonable doubt. 173
259- (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 174
260-IMPRISONMENT OR DEATH. —In each case in which the court imposes a 175
236+ b. Whether aggravating factors exist which outweigh the 151
237+mitigating circumstances found to exist. 152
238+ c. Based on the considerations in sub -subparagraphs a. and 153
239+b., whether the defendant should be sentenced to life 154
240+imprisonment without the possibility of parole or to death. 155
241+ (c) If at least eight jurors determine that the defendant 156
242+should be sentenced to death, the jury's recommendation to the 157
243+court shall be a sentence of death. If fewer than eight jurors 158
244+determine that the defendant should be sentenced to death, the 159
245+jury's recommendation to the court shall be a sentence of life 160
246+imprisonment without the possibility of parole. 161
247+ (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. — 162
248+ (a) If the jury has recommended a sentence of: 163
249+ 1. Life imprisonment without the possibility of parole, 164
250+the court shall impose the recommended sentence of life 165
251+imprisonment without the possibility of parole. 166
252+ 2. Death, the court, after considering each aggravating 167
253+factor found by the jury and all mitigating circumstances, may 168
254+impose a sentence of life imprisonment without the possibility 169
255+of parole or a sentence of death. The court may consider only an 170
256+aggravating factor that was unanimously found to exist by the 171
257+jury. The court may impose a sentence of death only if the jury 172
258+unanimously found at least two aggravating factors beyond a 173
259+reasonable doubt. 174
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273-sentence of life imprisonment without the possibility of parole 176
274-or death, the court shall, considering the records of the trial 177
275-and the sentencing proceedi ngs, enter a written order addressing 178
276-the aggravating factors set forth in subsection (7) found to 179
277-exist, the mitigating circumstances in subsection (8) reasonably 180
278-established by the evidence, whether there are sufficient 181
279-aggravating factors to warrant the death penalty, and whether 182
280-the aggravating factors outweigh the mitigating circumstances 183
281-reasonably established by the evidence. The court shall include 184
282-in its written order the reasons for not accepting the jury's 185
283-recommended sentence, if applicable. If the court does not issue 186
284-its order requiring the death sentence within 30 days after the 187
285-rendition of the judgment and sentence, the court shall impose a 188
286-sentence of life imprisonment without the possibility of parole 189
287-in accordance with s. 775.082. 190
288- (6) REVIEW OF JUDGMENT AND SENTENCE. —The judgment of 191
289-conviction and sentence of death shall be subject to automatic 192
290-review by the Supreme Court and disposition rendered within 2 193
291-years after the filing of a notice of appeal. Such review by the 194
292-Supreme Court shall have priority over all other cases and shall 195
293-be heard in accordance with rules adopted by the Supreme Court. 196
294- (7) AGGRAVATING FACTORS. —Aggravating factors shall be 197
295-limited to the following: 198
296- (a) The capital felony was committed by a person 199
297-previously convicted of a felony violation under s. 787.06 and 200
272+ (b) If the defendant waived his or her right to a 175
273+sentencing proceeding by a jury, the court, after considering 176
274+all aggravating factors and mitigating circumstances, may impose 177
275+a sentence of life imprisonment without the possibility of 178
276+parole or a sentence of death. The court may impose a sentence 179
277+of death only if the court finds that at least two aggravating 180
278+factors have been proven to exist beyond a reasonable doubt. 181
279+ (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 182
280+IMPRISONMENT OR DEATH. —In each case in which the court imposes a 183
281+sentence of life imprisonment without the possibility of parole 184
282+or death, the court shall, considering the records of the trial 185
283+and the sentencing proceedings, enter a written order addressing 186
284+the aggravating factors set forth in subsection (7) found to 187
285+exist, the mitigating circumstances in subsection (8) reasonably 188
286+established by the evidence, whether there are sufficient 189
287+aggravating factors to warrant the death penalty, and whether 190
288+the aggravating factors outweigh the mitigating circumstances 191
289+reasonably established by the evidence. The cour t shall include 192
290+in its written order the reasons for not accepting the jury's 193
291+recommended sentence, if applicable. If the court does not issue 194
292+its order requiring the death sentence within 30 days after the 195
293+rendition of the judgment and sentence, the court shall impose a 196
294+sentence of life imprisonment without the possibility of parole 197
295+in accordance with s. 775.082. 198
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310-under sentence of imprisonment or placed on community control or 201
311-on felony probation. 202
312- (b) The defendant was previously convicted of another 203
313-capital felony or of a felony involving the use or threat of 204
314-violence to the person. 205
315- (c) The capital felony was committed by a person 206
316-designated as a sexual predator pursuant to s. 775.21 or a 207
317-person previously designated as a sexual predator who had the 208
318-sexual predator designation removed. 209
319- (d) The capital felony was committed by a sexual offender 210
320-who is required to register pursuant to s. 943.0435 or a person 211
321-previously required to register as a sexual offender who had 212
322-such requirement removed. 213
323- (e) The defendant knowingly created a great risk of death 214
324-to one or more persons such that participation in the offense 215
325-constituted reckless indifference or disregard for human life. 216
326- (f) The defendant used a firearm or knowingly directed, 217
327-advised, authorized, or assisted another to use a firearm to 218
328-threaten, intimidate, assault, or injure a person in committing 219
329-the offense or in furtherance of the offense. 220
330- (g) The capital felony was especially heinous, atrocious, 221
331-or cruel. 222
332- (h) The victim of the capital felony was particularly 223
333-vulnerable due to age or disability, or be cause the defendant 224
334-stood in a position of familial or custodial authority over the 225
308+ (6) REVIEW OF JUDGMENT AND SENTENCE. —The judgment of 199
309+conviction and sentence of death shall be subject to automatic 200
310+review by the Supreme Court and disposition rendered within 2 201
311+years after the filing of a notice of appeal. Such review by the 202
312+Supreme Court shall have priority over all other cases and shall 203
313+be heard in accordance with rules adopted by the Supreme Court. 204
314+ (7) AGGRAVATING FACTORS. —Aggravating factors shall be 205
315+limited to the following: 206
316+ (a) The capital felony was committed by a person 207
317+previously convicted of a felony violation under s. 787.06 or s. 208
318+787.062, and under sentence of imprisonment or placed on 209
319+community control or on felo ny probation. 210
320+ (b) The defendant was previously convicted of another 211
321+capital felony or of a felony involving the use or threat of 212
322+violence to the person. 213
323+ (c) The capital felony was committed by a person 214
324+designated as a sexual predator pursuant to s. 775 .21 or a 215
325+person previously designated as a sexual predator who had the 216
326+sexual predator designation removed. 217
327+ (d) The capital felony was committed by a sexual offender 218
328+who is required to register pursuant to s. 943.0435 or a person 219
329+previously required to register as a sexual offender who had 220
330+such requirement removed. 221
335331
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343339 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
344340
345341
346342
347-victim. 226
348- (i) The capital felony was committed by a person subject 227
349-to an injunction issued pursuant to s. 741.30 or s. 784.046, or 228
350-a foreign protection order accorded full faith and credit 229
351-pursuant to s. 741.315, and was committed against the petitioner 230
352-who obtained the injunction or protection order or any spouse, 231
353-child, sibling, or parent of the petitioner. 232
354- (j) The victim of the capital felony sustained serious 233
355-bodily injury. 234
356- (8) MITIGATING CIRCUMSTANCES. —Mitigating circumstances 235
357-shall include the following: 236
358- (a) The defendant has no significant history of prior 237
359-criminal activity. 238
360- (b) The capital felony was committed while the defendant 239
361-was under the influence of extreme mental or emotional 240
362-disturbance. 241
363- (c) The defendant was an accomplice in the capital felony 242
364-committed by another person, and the defendant's participation 243
365-was relatively minor. 244
366- (d) The defendant was under extreme duress or under the 245
367-substantial domination of another person. 246
368- (e) The capacity of the defendant to appreciate the 247
369-criminality of her or his conduct or to conform his or her 248
370-conduct to the requirements of law was substantially impaired. 249
371- (f) The age of the defendant at the time of the offense. 250
343+ (e) The defendant knowingly created a great risk of death 222
344+to one or more persons such that participation in the offense 223
345+constituted reckless indifference or disregard for human life. 224
346+ (f) The defendant used a firearm or knowingly directed, 225
347+advised, authorized, or assisted another to use a firearm to 226
348+threaten, intimidate, assault, or injure a person in committing 227
349+the offense or in furtherance of the offense. 228
350+ (g) The capital felony was espec ially heinous, atrocious, 229
351+or cruel. 230
352+ (h) The victim of the capital felony was particularly 231
353+vulnerable due to age or disability, or because the defendant 232
354+stood in a position of familial or custodial authority over the 233
355+victim. 234
356+ (i) The capital felony was c ommitted by a person subject 235
357+to an injunction issued pursuant to s. 741.30 or s. 784.046, or 236
358+a foreign protection order accorded full faith and credit 237
359+pursuant to s. 741.315, and was committed against the petitioner 238
360+who obtained the injunction or protectio n order or any spouse, 239
361+child, sibling, or parent of the petitioner. 240
362+ (j) The victim of the capital felony sustained serious 241
363+bodily injury. 242
364+ (8) MITIGATING CIRCUMSTANCES. —Mitigating circumstances 243
365+shall include the following: 244
366+ (a) The defendant has no sig nificant history of prior 245
367+criminal activity. 246
372368
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374370
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376372
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380376 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
381377
382378
383379
384- (g) The defendant could not have reasonably foreseen that 251
385-his or her conduct in the course of the commission of the 252
386-offense would cause or would create a grave risk of death to one 253
387-or more persons. 254
388- (h) The existence of any other factors in the defendant's 255
389-background that would mitigate against imposition of the death 256
390-penalty. 257
391- (9) VICTIM IMPACT EVIDENCE. —Once the prosecution has 258
392-provided evidence of the existence of two or more aggravating 259
393-factors as described in subsection (7), the prosecutio n may 260
394-introduce, and subsequently argue, victim impact evidence to the 261
395-jury. Such evidence shall be designed to demonstrate the 262
396-victim's uniqueness as an individual human being and the 263
397-physical and psychological harm to the victim. Characterizations 264
398-and opinions about the crime, the defendant, and the appropriate 265
399-sentence shall not be permitted as a part of victim impact 266
400-evidence. 267
401- (10) CONSTITUTIONALITY. —Notwithstanding s. 775.082(2) or 268
402-s. 775.15, or any other provision of law, a sentence of death 269
403-shall be imposed under this section notwithstanding existing 270
404-case law which holds that such a sentence is unconstitutional 271
405-under the State Constitution and the United States Constitution. 272
406-In any case for which the Florida Supreme Court or the United 273
407-States Supreme Court reviews a sentence of death imposed 274
408-pursuant to this section, and in making such a review 275
380+ (b) The capital felony was committed while the defendant 247
381+was under the influence of extreme mental or emotional 248
382+disturbance. 249
383+ (c) The defendant was an accomplice in the capital felony 250
384+committed by another per son, and the defendant's participation 251
385+was relatively minor. 252
386+ (d) The defendant was under extreme duress or under the 253
387+substantial domination of another person. 254
388+ (e) The capacity of the defendant to appreciate the 255
389+criminality of her or his conduct or to c onform his or her 256
390+conduct to the requirements of law was substantially impaired. 257
391+ (f) The age of the defendant at the time of the offense. 258
392+ (g) The defendant could not have reasonably foreseen that 259
393+his or her conduct in the course of the commission of th e 260
394+offense would cause or would create a grave risk of death to one 261
395+or more persons. 262
396+ (h) The existence of any other factors in the defendant's 263
397+background that would mitigate against imposition of the death 264
398+penalty. 265
399+ (9) VICTIM IMPACT EVIDENCE. —Once the prosecution has 266
400+provided evidence of the existence of two or more aggravating 267
401+factors as described in subsection (7), the prosecution may 268
402+introduce, and subsequently argue, victim impact evidence to the 269
403+jury. Such evidence shall be designed to demonstrate t he 270
404+victim's uniqueness as an individual human being and the 271
409405
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417413 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
418414
419415
420416
421-reconsiders the prior holdings in Buford v. State of Florida, 276
422-403 So. 2d 943 (Fla. 1981), and Kennedy v. Louisiana, 554 U.S. 277
423-407 (2008), and determines that a sentence of death remains 278
424-unconstitutional, the court having jurisdiction over the person 279
425-previously sentenced to death shall cause such person to be 280
426-brought before the court, and the court shall sentence such 281
427-person to life imprisonment as provided in s. 775.082(1). 282
428- (11) APPLICABILITY. —This section applies to any capital 283
429-felony under s. 787.06(5) that is committed on or after October 284
430-1, 2025. 285
431- Section 3. Paragraph (o) is added to subsection (1) of 286
432-section 924.07, Florida Statutes, to read: 287
433- 924.07 Appeal by state.— 288
434- (1) The state may appeal from: 289
435- (o) The sentence in a case of capital human trafficking of 290
436-vulnerable persons for sexual exploitation on the ground that it 291
437-resulted from the circuit court's failure to comply with 292
438-sentencing procedures u nder s. 921.1427, including by striking a 293
439-notice of intent to seek the death penalty, refusing to impanel 294
440-a capital jury, or otherwise granting relief that prevents the 295
441-state from seeking a sentence of death. 296
442- Section 4. Subsection (2) of section 92.565 , Florida 297
443-Statutes, is amended to read: 298
444- 92.565 Admissibility of confession in sexual abuse cases. — 299
445- (2) In any criminal action in which the defendant is 300
417+physical and psychological harm to the victim. Characterizations 272
418+and opinions about the crime, the defendant, and the appropriate 273
419+sentence shall not be permitted as a part of victim impact 274
420+evidence. 275
421+ (10) CONSTITUTIONALITY. —Notwithstanding s. 775.082(2) or 276
422+s. 775.15, or any other provision of law, a sentence of death 277
423+shall be imposed under this section notwithstanding existing 278
424+case law which holds that such a sentence is unconstitutional 279
425+under the State Constitution and the United States Constitution. 280
426+In any case for which the Florida Supreme Court or the United 281
427+States Supreme Court reviews a sentence of death imposed 282
428+pursuant to this section, and in making such a review 283
429+reconsiders the prior holdi ngs in Buford v. State of Florida, 284
430+403 So. 2d 943 (Fla. 1981), and Kennedy v. Louisiana, 554 U.S. 285
431+407 (2008), and determines that a sentence of death remains 286
432+unconstitutional, the court having jurisdiction over the person 287
433+previously sentenced to death shal l cause such person to be 288
434+brought before the court, and the court shall sentence such 289
435+person to life imprisonment as provided in s. 775.082(1). 290
436+ (11) APPLICABILITY. —This section applies to any capital 291
437+felony under s. 787.062 that is committed on or after October 1, 292
438+2025. 293
439+ Section 3. Paragraph (o) is added to subsection (1) of 294
440+section 924.07, Florida Statutes, to read: 295
441+ 924.07 Appeal by state. — 296
446442
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454450 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
455451
456452
457453
458-charged with a crime against a victim under s. 787.06(3), 301
459-involving commercial sexual activity; s. 787.06(5); s. 794.011; 302
460-s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual 303
461-abuse; s. 827.04, involving sexual abuse; s. 827.071; or s. 304
462-847.0135(5), or any other crime involving sexual abuse of 305
463-another, or with any attempt, solicitation, or conspira cy to 306
464-commit any of these crimes, the defendant's memorialized 307
465-confession or admission is admissible during trial without the 308
466-state having to prove a corpus delicti of the crime if the court 309
467-finds in a hearing conducted outside the presence of the jury 310
468-that the state is unable to show the existence of each element 311
469-of the crime, and having so found, further finds that the 312
470-defendant's confession or admission is trustworthy. Factors 313
471-which may be relevant in determining whether the state is unable 314
472-to show the existence of each element of the crime include, but 315
473-are not limited to, the fact that, at the time the crime was 316
474-committed, the victim was: 317
475- (a) Physically helpless, mentally incapacitated, or 318
476-mentally defective, as those terms are defined in s. 794.011; 319
477- (b) Physically incapacitated due to age, infirmity, or any 320
478-other cause; or 321
479- (c) Less than 12 years of age. 322
480- Section 5. Paragraph (e) of subsection (2) of section 323
481-456.51, Florida Statutes, is amended to read: 324
482- 456.51 Consent for pelvic examinations. — 325
454+ (1) The state may appeal from: 297
455+ (o) The sentence in a case of capital human trafficking of 298
456+vulnerable persons for sexual exploitation on the ground that it 299
457+resulted from the circuit court's failure to comply with 300
458+sentencing procedures under s. 921.1427, including by striking a 301
459+notice of intent to seek the death penalty, refusing to impanel 302
460+a capital jury, or ot herwise granting relief that prevents the 303
461+state from seeking a sentence of death. 304
462+ Section 4. Subsection (4) of section 921.137, Florida 305
463+Statutes, is amended to read: 306
464+ 921.137 Imposition of the death sentence upon an 307
465+intellectually disabled defendant p rohibited.— 308
466+ (4) After a defendant who has given notice of his or her 309
467+intention to raise intellectual disability as a bar to the death 310
468+sentence is convicted of a capital felony and an advisory jury 311
469+has returned a recommended sentence of death, the defenda nt may 312
470+file a motion to determine whether the defendant is 313
471+intellectually disabled. Upon receipt of the motion, the court 314
472+shall appoint two experts in the field of intellectual 315
473+disabilities who shall evaluate the defendant and report their 316
474+findings to the court and all interested parties prior to the 317
475+final sentencing hearing. Notwithstanding s. 921.141, s. 318
476+921.142, or s. 921.1425, or s. 921.1427, the final sentencing 319
477+hearing shall be held without a jury. At the final sentencing 320
478+hearing, the court shall cons ider the findings of the court -321
483479
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491487 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
492488
493489
494490
495- (2) A health care practitioner, a medical student, or any 326
496-other student receiving training as a health care practitioner 327
497-may not perform a pelvic examination on an anesthetized or 328
498-unconscious patient without the written consent of the patient 329
499-or the patient's legal representative executed specific to, and 330
500-expressly identifying, the pelvic examination. If the patient is 331
501-conscious, informed verbal consent must be obtained for the 332
502-pelvic examination in addition to any written consent obtained. 333
503-Consent is not required if: 334
504- (e) The pelvic examination is administered pursuant to a 335
505-criminal investigation of an alleged violation related to child 336
506-abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g); 337
507-s. 787.06(5); chapter 794; chapter 796; chapter 800; ch apter 338
508-827; or chapter 847. 339
509- Section 6. Paragraph (o) of subsection (1) of section 340
510-775.0877, Florida Statutes, is amended to read: 341
511- 775.0877 Criminal transmission of HIV; procedures; 342
512-penalties.— 343
513- (1) In any case in which a person has been convicted of or 344
514-has pled nolo contendere or guilty to, regardless of whether 345
515-adjudication is withheld, any of the following offenses, or the 346
516-attempt thereof, which offense or attempted offense involves the 347
517-transmission of body fluids from one person to another: 348
518- (o) Sections 787.06(3)(b), (d), (f), and (g) and 349
519-787.06(5), relating to human trafficking, 350
520-
521-CS/CS/HB 1283 2025
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528-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
529-
530-
531-
532- 351
533-the court shall order the offender to undergo HIV testing, to be 352
534-performed under the direction of the Department of Health in 353
535-accordance with s. 381.004, unless th e offender has undergone 354
536-HIV testing voluntarily or pursuant to procedures established in 355
537-s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or 356
538-rule providing for HIV testing of criminal offenders or inmates, 357
539-subsequent to her or his arrest for a n offense enumerated in 358
540-paragraphs (a)-(n) for which she or he was convicted or to which 359
541-she or he pled nolo contendere or guilty. The results of an HIV 360
542-test performed on an offender pursuant to this subsection are 361
543-not admissible in any criminal proceeding arising out of the 362
544-alleged offense. 363
545- Section 7. Paragraph (a) of subsection (4) of section 364
546-775.21, Florida Statutes, is amended to read: 365
547- 775.21 The Florida Sexual Predators Act. — 366
548- (4) SEXUAL PREDATOR CRITERIA. — 367
549- (a) For a current offense committed on or after October 1, 368
550-1993, upon conviction, an offender shall be designated as a 369
551-"sexual predator" under subsection (5), and subject to 370
552-registration under subsection (6) and community and public 371
553-notification under subsection (7) if: 372
554- 1. The felony is: 373
555- a. A capital, life, or first degree felony violation, or 374
556-any attempt thereof, of s. 787.01 or s. 787.02, where the victim 375
557-
558-CS/CS/HB 1283 2025
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565-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
566-
567-
568-
569-is a minor, or s. 787.06(3)(f) or (g), where the victim is a 376
570-minor; s. 787.06(5); s. 794.011, s. 800.04, or s. 847.0145, or a 377
571-violation of a similar law of another jurisdiction; or 378
572- b. Any felony violation, or any attempt thereof, of s. 379
573-393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 380
574-787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 381
575-(d), (f), or (g); former s. 787.06 (3)(h); s. 787.06(5); s. 382
576-794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 383
577-former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 384
578-827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 385
579-895.03, if the court makes a written fi nding that the 386
580-racketeering activity involved at least one sexual offense 387
581-listed in this sub-subparagraph or at least one offense listed 388
582-in this sub-subparagraph with sexual intent or motive; s. 389
583-916.1075(2); or s. 985.701(1); or a violation of a similar la w 390
584-of another jurisdiction, and the offender has previously been 391
585-convicted of or found to have committed, or has pled nolo 392
586-contendere or guilty to, regardless of adjudication, any 393
587-violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 394
588-787.02, or s. 787.025(2)(c), where the victim is a minor; s. 395
589-787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 396
590-787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 397
591-former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 398
592-827.071; s. 847.0133; s. 847.01 35, excluding s. 847.0135(6); s. 399
593-847.0145; s. 895.03, if the court makes a written finding that 400
594-
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602-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
603-
604-
605-
606-the racketeering activity involved at least one sexual offense 401
607-listed in this sub-subparagraph or at least one offense listed 402
608-in this sub-subparagraph with sexu al intent or motive; s. 403
609-916.1075(2); or s. 985.701(1); or a violation of a similar law 404
610-of another jurisdiction; 405
611- 2. The offender has not received a pardon for any felony 406
612-or similar law of another jurisdiction that is necessary for the 407
613-operation of this pa ragraph; and 408
614- 3. A conviction of a felony or similar law of another 409
615-jurisdiction necessary to the operation of this paragraph has 410
616-not been set aside in any postconviction proceeding. 411
617- Section 8. Subsection (3) of section 787.01, Florida 412
618-Statutes, is amended to read: 413
619- 787.01 Kidnapping; kidnapping of child under age 13, 414
620-aggravating circumstances. — 415
621- (3)(a) A person who commits the offense of kidnapping upon 416
622-a child under the age of 13 and who, in the course of committing 417
623-the offense, commits one or more of the following: 418
624- 1. Aggravated child abuse, as defined in s. 827.03; 419
625- 2. Sexual battery, as defined in chapter 794, against the 420
626-child; 421
627- 3. Lewd or lascivious battery, lewd or lascivious 422
628-molestation, lewd or lascivious conduct, or lewd or lascivious 423
629-exhibition, in violation of s. 800.04 or s. 847.0135(5); 424
630- 4. A violation of former s. 796.03 or s. 796.04, relating 425
631-
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639-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
640-
641-
642-
643-to prostitution, upon the child; 426
644- 5. Exploitation of the child or allowing the child to be 427
645-exploited, in violation of s. 450.151; or 428
646- 6. A violation of s. 787.06(3)(g) or s. 787.06(5), 429
647-relating to human trafficking, 430
648-commits a life felony, punishable as provided in s. 775.082, s. 431
649-775.083, or s. 775.084. 432
650- (b) Pursuant to s. 775.021(4), nothing contained herein 433
651-shall be construed to prohibit t he imposition of separate 434
652-judgments and sentences for the life felony described in 435
653-paragraph (a) and for each separate offense enumerated in 436
654-subparagraphs (a)1.-6. (a)1.-5. 437
655- Section 9. Subsection (3) of section 787.02, Florida 438
656-Statutes, is amended to re ad: 439
657- 787.02 False imprisonment; false imprisonment of child 440
658-under age 13, aggravating circumstances. — 441
659- (3)(a) A person who commits the offense of false 442
660-imprisonment upon a child under the age of 13 and who, in the 443
661-course of committing the offense, commit s any offense enumerated 444
662-in subparagraphs 1.-6. 1.-5., commits a felony of the first 445
663-degree, punishable by imprisonment for a term of years not 446
664-exceeding life or as provided in s. 775.082, s. 775.083, or s. 447
665-775.084. 448
666- 1. Aggravated child abuse, as defined in s. 827.03; 449
667- 2. Sexual battery, as defined in chapter 794, against the 450
668-
669-CS/CS/HB 1283 2025
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671-
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673-CODING: Words stricken are deletions; words underlined are additions.
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676-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
677-
678-
679-
680-child; 451
681- 3. Lewd or lascivious battery, lewd or lascivious 452
682-molestation, lewd or lascivious conduct, or lewd or lascivious 453
683-exhibition, in violation of s. 800.04 or s. 847.0135(5); 454
684- 4. A violation of former s. 796.03 or s. 796.04, relating 455
685-to prostitution, upon the child; 456
686- 5. Exploitation of the child or allowing the child to be 457
687-exploited, in violation of s. 450.151; or 458
688- 6. A violation of s. 787.06(3)(g) or s. 787.06(5), 459
689-relating to human trafficking. 460
690- (b) Pursuant to s. 775.021(4), nothing contained herein 461
691-shall be construed to prohibit the imposition of separate 462
692-judgments and sentences for the first degree offense described 463
693-in paragraph (a) and for each separate offens e enumerated in 464
694-subparagraphs (a)1.-6. (a)1.-5. 465
695- Section 10. Subsection (4) of section 921.137, Florida 466
696-Statutes, is amended to read: 467
697- 921.137 Imposition of the death sentence upon an 468
698-intellectually disabled defendant prohibited. — 469
699- (4) After a defenda nt who has given notice of his or her 470
700-intention to raise intellectual disability as a bar to the death 471
701-sentence is convicted of a capital felony and an advisory jury 472
702-has returned a recommended sentence of death, the defendant may 473
703-file a motion to determine whether the defendant is 474
704-intellectually disabled. Upon receipt of the motion, the court 475
705-
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713-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
714-
715-
716-
717-shall appoint two experts in the field of intellectual 476
718-disabilities who shall evaluate the defendant and report their 477
719-findings to the court and all interested parties prior to the 478
720-final sentencing hearing. Notwithstanding s. 921.141, s. 479
721-921.142, or s. 921.1425, or s. 921.1427, the final sentencing 480
722-hearing shall be held without a jury. At the final sentencing 481
723-hearing, the court shall consider the findings of the court -482
724-appointed experts and consider the findings of any other expert 483
725-which is offered by the state or the defense on the issue of 484
726-whether the defendant has an intellectual disability. If the 485
727-court finds, by clear and convincing evidence, that the 486
728-defendant has an intellectual disability as defined in 487
729-subsection (1), the court may not impose a sentence of death and 488
730-shall enter a written order that sets forth with specificity the 489
731-findings in support of the determination. 490
732- Section 11. Subsection (9) of section 921 .141, Florida 491
733-Statutes, is amended to read: 492
734- 921.141 Sentence of death or life imprisonment for capital 493
735-felonies; further proceedings to determine sentence. — 494
736- (9) APPLICABILITY.—This section does not apply to a person 495
737-convicted or adjudicated guilty of a capital sexual battery 496
738-under s. 794.011, capital human trafficking of vulnerable 497
739-persons for sexual exploitation under s. 787.06(5), or a capital 498
740-drug trafficking felony under s. 893.135. 499
741- Section 12. Paragraph (h) of subsection (1) of section 500
742-
743-CS/CS/HB 1283 2025
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750-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
751-
752-
753-
754-943.0435, Florida Statutes, is amended to read: 501
755- 943.0435 Sexual offenders required to register with the 502
756-department; penalty. — 503
757- (1) As used in this section, the term: 504
758- (h)1. "Sexual offender" means a person who meets the 505
759-criteria in sub-subparagraph a., sub -subparagraph b., sub-506
760-subparagraph c., or sub -subparagraph d., as follows: 507
761- a.(I) Has been convicted of committing, or attempting, 508
762-soliciting, or conspiring to commit, any of the criminal 509
763-offenses proscribed in the following statutes in this state or 510
764-similar offenses in another jurisdiction: s. 393.135(2); s. 511
765-394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 512
766-the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 513
767-s. 787.06(3)(h); s. 787.06(5); s. 794.011, excluding s. 514
768-794.011(10); s. 794.0 5; former s. 796.03; former s. 796.035; s. 515
769-800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 516
770-847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 517
771-847.0145; s. 895.03, if the court makes a written finding that 518
772-the racketeering acti vity involved at least one sexual offense 519
773-listed in this sub-sub-subparagraph or at least one offense 520
774-listed in this sub-sub-subparagraph with sexual intent or 521
775-motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 522
776-committed in this state which h as been redesignated from a 523
777-former statute number to one of those listed in this sub -sub-524
778-subparagraph; and 525
779-
780-CS/CS/HB 1283 2025
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784-CODING: Words stricken are deletions; words underlined are additions.
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787-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
788-
789-
790-
791- (II) Has been released on or after October 1, 1997, from a 526
792-sanction imposed for any conviction of an offense described in 527
793-sub-sub-subparagraph (I) and does not otherwise meet the 528
794-criteria for registration as a sexual offender under chapter 944 529
795-or chapter 985. For purposes of this sub -sub-subparagraph, a 530
796-sanction imposed in this state or in any other jurisdiction 531
797-means probation, community control, pa role, conditional release, 532
798-control release, or incarceration in a state prison, federal 533
799-prison, contractor-operated correctional facility, or local 534
800-detention facility. If no sanction is imposed, the person is 535
801-deemed to be released upon conviction; 536
802- b. Establishes or maintains a residence in this state and 537
803-who has not been designated as a sexual predator by a court of 538
804-this state but who has been designated as a sexual predator, as 539
805-a sexually violent predator, or any other sexual offender 540
806-designation in another state or jurisdiction and was, as a 541
807-result of such designation, subjected to registration or 542
808-community or public notification, or both, or would be if the 543
809-person were a resident of that state or jurisdiction, without 544
810-regard to whether the person otherw ise meets the criteria for 545
811-registration as a sexual offender; 546
812- c. Establishes or maintains a residence in this state who 547
813-is in the custody or control of, or under the supervision of, 548
814-any other state or jurisdiction as a result of a conviction for 549
815-committing, or attempting, soliciting, or conspiring to commit, 550
816-
817-CS/CS/HB 1283 2025
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824-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
825-
826-
827-
828-any of the criminal offenses proscribed in the following 551
829-statutes or similar offense in another jurisdiction: s. 552
830-393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 553
831-787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 554
832-(d), (f), or (g); former s. 787.06(3)(h); s. 787.06(5); s. 555
833-794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 556
834-former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 557
835-827.071; s. 847.0133; s. 847.0135, excludi ng s. 847.0135(6); s. 558
836-847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court 559
837-makes a written finding that the racketeering activity involved 560
838-at least one sexual offense listed in this sub -subparagraph or 561
839-at least one offense listed in this sub -subparagraph with sexual 562
840-intent or motive; s. 916.1075(2); or s. 985.701(1); or any 563
841-similar offense committed in this state which has been 564
842-redesignated from a former statute number to one of those listed 565
843-in this sub-subparagraph; or 566
844- d. On or after July 1, 2007, has been adjudicated 567
845-delinquent for committing, or attempting, soliciting, or 568
846-conspiring to commit, any of the criminal offenses proscribed in 569
847-the following statutes in this state or similar offenses in 570
848-another jurisdiction when the juvenile was 14 years of age or 571
849-older at the time of the offense: 572
850- (I) Section 794.011, excluding s. 794.011(10); 573
851- (II) Section 800.04(4)(a)2. where the victim is under 12 574
852-years of age or where the court finds sexual activity by the use 575
853-
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861-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
862-
863-
864-
865-of force or coercion; 576
866- (III) Section 800.04(5)(c)1. where the court finds 577
867-molestation involving unclothed genitals; 578
868- (IV) Section 800.04(5)(d) where the court finds the use of 579
869-force or coercion and unclothed genitals; or 580
870- (V) Any similar offense committed in this state which has 581
871-been redesignated from a former statute number to one of those 582
872-listed in this sub-subparagraph. 583
873- 2. For all qualifying offenses listed in sub -subparagraph 584
874-1.d., the court shall make a written finding of the age of the 585
875-offender at the time of the offense. 586
876-For each violation of a qualifying offense listed in this 587
877-subsection, except for a violation of s. 794.011, the court 588
878-shall make a written finding of the age of the victim at the 589
879-time of the offense. For a violation of s. 800.04(4), the court 590
880-shall also make a written finding indicating whether the offense 591
881-involved sexual activity and indicating whether the offense 592
882-involved force or coercion. For a violation of s. 800.04(5), the 593
883-court shall also make a written finding that the offense did or 594
884-did not involve unclothed g enitals or genital area and that the 595
885-offense did or did not involve the use of force or coercion. 596
886- Section 13. Paragraph (f) of subsection (1) of section 597
887-944.606, Florida Statutes, is amended to read: 598
888- 944.606 Sexual offenders; notification upon releas e.— 599
889- (1) As used in this section, the term: 600
890-
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898-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
899-
900-
901-
902- (f) "Sexual offender" means a person who has been 601
903-convicted of committing, or attempting, soliciting, or 602
904-conspiring to commit, any of the criminal offenses proscribed in 603
905-the following statutes in this state or similar offenses in 604
906-another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 605
907-s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 606
908-787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 607
909-787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 608
910-former s. 796.03; former s. 796.03 5; s. 800.04; s. 810.145(8); 609
911-s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 610
912-847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 611
913-if the court makes a written finding that the racketeering 612
914-activity involved at least one sexual off ense listed in this 613
915-paragraph or at least one offense listed in this paragraph with 614
916-sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or 615
917-any similar offense committed in this state which has been 616
918-redesignated from a former statute number to one of those listed 617
919-in this subsection, when the department has received verified 618
920-information regarding such conviction; an offender's 619
921-computerized criminal history record is not, in and of itself, 620
922-verified information. 621
923- Section 14. Paragraph (f) of subsectio n (1) of section 622
924-944.607, Florida Statutes, is amended to read: 623
925- 944.607 Notification to Department of Law Enforcement of 624
926-information on sexual offenders. — 625
927-
928-CS/CS/HB 1283 2025
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935-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
936-
937-
938-
939- (1) As used in this section, the term: 626
940- (f) "Sexual offender" means a person who is in the custo dy 627
941-or control of, or under the supervision of, the department or is 628
942-in the custody of a contractor -operated correctional facility: 629
943- 1. On or after October 1, 1997, as a result of a 630
944-conviction for committing, or attempting, soliciting, or 631
945-conspiring to commit, any of the criminal offenses proscribed in 632
946-the following statutes in this state or similar offenses in 633
947-another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 634
948-s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 635
949-787.06(3)(b), (d), ( f), or (g); former s. 787.06(3)(h); s. 636
950-787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 637
951-former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); 638
952-s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 639
953-847.0135(6); s. 847.0137; s. 8 47.0138; s. 847.0145; s. 895.03, 640
954-if the court makes a written finding that the racketeering 641
955-activity involved at least one sexual offense listed in this 642
956-subparagraph or at least one offense listed in this subparagraph 643
957-with sexual intent or motive; s. 916.1 075(2); or s. 985.701(1); 644
958-or any similar offense committed in this state which has been 645
959-redesignated from a former statute number to one of those listed 646
960-in this paragraph; or 647
961- 2. Who establishes or maintains a residence in this state 648
962-and who has not been designated as a sexual predator by a court 649
963-of this state but who has been designated as a sexual predator, 650
964-
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972-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
973-
974-
975-
976-as a sexually violent predator, or by another sexual offender 651
977-designation in another state or jurisdiction and was, as a 652
978-result of such designation, subjected to registration or 653
979-community or public notification, or both, or would be if the 654
980-person were a resident of that state or jurisdiction, without 655
981-regard as to whether the person otherwise meets the criteria for 656
982-registration as a sexual offender. 657
983- Section 15. Subsection (1) of section 948.32, Florida 658
984-Statutes, is amended to read: 659
985- 948.32 Requirements of law enforcement agency upon arrest 660
986-of persons for certain sex offenses. — 661
987- (1) When any state or local law enforcement agency 662
988-investigates or arre sts a person for committing, or attempting, 663
989-soliciting, or conspiring to commit, a violation of s. 664
990-787.025(2)(c), s. 787.06(3)(g), s. 787.06(5), chapter 794, 665
991-former s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 666
992-847.0135, or s. 847.0145, the law enforce ment agency shall 667
993-contact the Department of Corrections to verify whether the 668
994-person under investigation or under arrest is on probation, 669
995-community control, parole, conditional release, or control 670
996-release. 671
997- Section 16. Subsection (2) of section 960.065, Florida 672
998-Statutes, is amended to read: 673
999- 960.065 Eligibility for awards. — 674
1000- (2) Any claim filed by or on behalf of a person who: 675
1001-
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1009-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
1010-
1011-
1012-
1013- (a) Committed or aided in the commission of the crime upon 676
1014-which the claim for compensation was based; 677
1015- (b) Was engaged in a n unlawful activity at the time of the 678
1016-crime upon which the claim for compensation is based, unless the 679
1017-victim was engaged in prostitution as a result of being a victim 680
1018-of human trafficking as described in s. 787.06(3)(b), (d), (f), 681
1019-or (g), or s. 787.06(5); 682
1020- (c) Was in custody or confined, regardless of conviction, 683
1021-in a county or municipal detention facility, a state or federal 684
1022-correctional facility, or a juvenile detention or commitment 685
1023-facility at the time of the crime upon which the claim for 686
1024-compensation is based; 687
1025- (d) Has been adjudicated as a habitual felony offender, 688
1026-habitual violent offender, or violent career criminal under s. 689
1027-775.084; or 690
1028- (e) Has been adjudicated guilty of a forcible felony 691
1029-offense as described in s. 776.08, 692
1030- 693
1031-is ineligible for an award. 694
1032- Section 17. This act shall take effect October 1, 2025. 695
491+appointed experts and consider the findings of any other expert 322
492+which is offered by the state or the defense on the issue of 323
493+whether the defendant has an intellectual disability. If the 324
494+court finds, by clear and convincing ev idence, that the 325
495+defendant has an intellectual disability as defined in 326
496+subsection (1), the court may not impose a sentence of death and 327
497+shall enter a written order that sets forth with specificity the 328
498+findings in support of the determination. 329
499+ Section 5. Subsection (9) of section 921.141, Florida 330
500+Statutes, is amended to read: 331
501+ 921.141 Sentence of death or life imprisonment for capital 332
502+felonies; further proceedings to determine sentence. — 333
503+ (9) APPLICABILITY.—This section does not apply to a person 334
504+convicted or adjudicated guilty of a capital sexual battery 335
505+under s. 794.011, capital human trafficking of vulnerable 336
506+persons for sexual exploitation under s. 787.062, or a capital 337
507+drug trafficking felony under s. 893.135. 338
508+ Section 6. This act shall take effect October 1, 2025. 339