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Florida Senate - 2025 CS for SB 1804 By the Appropriations Committee on Criminal and Civil Justice; and Senator Martin 604-03628-25 20251804c1 1 A bill to be entitled 2 An act relating to capital human trafficking of 3 vulnerable persons for sexual exploitation; amending 4 s. 787.06, F.S.; providing a definition; prohibiting a 5 person 18 years of age or older from knowingly 6 initiating, organizing, planning, financing, 7 directing, managing, or supervising a venture that has 8 subjected a child younger than 12 years of age, or a 9 person who is mentally defective or mentally 10 incapacitated, to human trafficking for sexual 11 exploitation; providing a criminal penalty; requiring 12 the state to give a specified notice if it intends to 13 seek the death penalty for a violation of the offense; 14 creating s. 921.1427, F.S.; providing legislative 15 findings and intent; providing for separate death 16 penalty proceedings in certain cases; providing for 17 findings and recommended sentences by a jury; 18 providing for imposition of sentence of life 19 imprisonment or death; providing requirements for a 20 court order in support of a life imprisonment or death 21 sentence; providing for automatic review of sentences 22 of death within a certain time period; specifying 23 aggravating factors and mitigating circumstances; 24 providing for victim impact evidence; providing for 25 resentencing if provisions are found to be 26 unconstitutional; providing applicability; amending s. 27 924.07, F.S.; authorizing the state to appeal from a 28 certain sentence on the ground that it resulted from 29 the failure of the circuit court to comply with 30 specified sentencing procedure requirements; amending 31 ss. 92.565, 456.51, 775.0877, 775.21, 787.01, 787.02, 32 921.137, 921.141, 943.0435, 944.606, 944.607, 948.32, 33 and 960.065, F.S.; conforming provisions to changes 34 made by the act; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1.Present paragraphs (i) through (k) of subsection 39 (2) of section 787.06, Florida Statutes, are redesignated as 40 paragraphs (j) through (l), respectively, present subsections 41 (5) through (13) of that section are redesignated as subsections 42 (6) through (14), respectively, a new paragraph (i) is added to 43 subsection (2) of that section, and a new subsection (5) is 44 added to that section, to read: 45 787.06Human trafficking. 46 (2)As used in this section, the term: 47 (i)Sexual exploitation means any violation of s. 48 794.011, excluding s. 794.011(10). 49 (5)(a)Any person 18 years of age or older who knowingly 50 initiates, organizes, plans, finances, directs, manages, or 51 supervises a venture that has subjected a child younger than 12 52 years of age, or a person who is mentally defective or mentally 53 incapacitated as those terms are defined in s. 794.011(1), to 54 human trafficking for sexual exploitation commits capital human 55 trafficking of vulnerable persons for sexual exploitation, a 56 capital felony punishable as provided in ss. 775.082 and 57 921.1427. 58 (b)For each instance of human trafficking of any 59 individual under paragraph (a), a separate crime is committed 60 and a separate punishment is authorized. 61 (c)In all capital cases under this subsection, the 62 procedure in s. 921.1427 shall be followed to determine a 63 sentence of death or life imprisonment. 64 (d)If the prosecutor intends to seek the death penalty, 65 the prosecutor must give notice to the defendant and file the 66 notice with the court within 45 days after arraignment. The 67 notice must contain a list of the aggravating factors the state 68 intends to prove and has reason to believe it can prove beyond a 69 reasonable doubt. The court may allow the prosecutor to amend 70 the notice upon a showing of good cause. 71 Section 2.Section 921.1427, Florida Statutes, is created 72 to read: 73 921.1427Sentence of death or life imprisonment for capital 74 human trafficking of vulnerable persons for sexual exploitation; 75 further proceedings to determine sentence. 76 (1)INTENT. 77 (a)The Legislature finds that a person who commits the 78 offense of initiating, organizing, planning, financing, 79 directing, managing, or supervising a venture that has subjected 80 a child younger than 12 years of age, or a person who is 81 mentally defective or mentally incapacitated, to human 82 trafficking for sexual exploitation in violation of s. 787.06(5) 83 imposes a great risk of death and danger to vulnerable members 84 of this state. Such crimes exploit societys most vulnerable 85 citizens, destroy the innocence of young children, and violate 86 all standards of decency held by civilized society, and persons 87 who commit such acts against such vulnerable persons may be 88 determined by the trier of fact to have a culpable mental state 89 of reckless indifference or disregard for human life. 90 (b)It is the intent of the Legislature that the procedure 91 in this section shall be followed, and a prosecutor must file 92 notice as provided in s. 787.06(5) if he or she intends to seek 93 the death penalty. 94 (2)SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.Upon 95 conviction or an adjudication of guilt of a defendant of a 96 capital felony under s. 787.06(5), the court shall conduct a 97 separate sentencing proceeding to determine whether the 98 defendant should be sentenced to death or life imprisonment as 99 authorized by s. 775.082. The proceeding shall be conducted by 100 the trial judge before the trial jury as soon as practicable. 101 If, through impossibility or inability, the trial jury is unable 102 to reconvene for a hearing on the issue of penalty, having 103 determined the guilt of the accused, the trial judge may summon 104 a special juror or jurors as provided in chapter 913 to 105 determine the issue of the imposition of the penalty. If the 106 trial jury has been waived, or if the defendant pleaded guilty, 107 the sentencing proceeding shall be conducted before a jury 108 impaneled for that purpose, unless waived by the defendant. In 109 the proceeding, evidence may be presented as to any matter that 110 the court deems relevant to the nature of the crime and the 111 character of the defendant and shall include matters relating to 112 any of the aggravating factors enumerated in subsection (7) and 113 for which notice has been provided pursuant to s. 787.06(5) or 114 mitigating circumstances enumerated in subsection (8). Any such 115 evidence that the court deems to have probative value may be 116 received, regardless of its admissibility under the exclusionary 117 rules of evidence, provided the defendant is accorded a fair 118 opportunity to rebut any hearsay statements. However, this 119 subsection may not be construed to authorize the introduction of 120 any evidence secured in violation of the United States 121 Constitution or the State Constitution. The state and the 122 defendant or the defendants counsel shall be permitted to 123 present argument for or against a sentence of death. 124 (3)FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.This 125 subsection applies only if the defendant has not waived his or 126 her right to a sentencing proceeding by a jury. 127 (a)After hearing all of the evidence presented regarding 128 aggravating factors and mitigating circumstances, the jury shall 129 deliberate and determine if the state has proven, beyond a 130 reasonable doubt, the existence of at least two aggravating 131 factors set forth in subsection (7). 132 (b)The jury shall return findings identifying each 133 aggravating factor found to exist. A finding that at least two 134 aggravating factors exist must be unanimous. If the jury: 135 1.Does not unanimously find at least two aggravating 136 factors, the defendant is ineligible for a sentence of death. 137 2.Unanimously finds at least two aggravating factors, the 138 defendant is eligible for a sentence of death and the jury shall 139 make a recommendation to the court as to whether the defendant 140 shall be sentenced to life imprisonment without the possibility 141 of parole or to death. The recommendation shall be based on a 142 weighing of all of the following: 143 a.Whether sufficient aggravating factors exist. 144 b.Whether aggravating factors exist which outweigh the 145 mitigating circumstances found to exist. 146 c.Based on the considerations in sub-subparagraphs a. and 147 b., whether the defendant should be sentenced to life 148 imprisonment without the possibility of parole or to death. 149 (c)If at least eight jurors determine that the defendant 150 should be sentenced to death, the jurys recommendation to the 151 court shall be a sentence of death. If fewer than eight jurors 152 determine that the defendant should be sentenced to death, the 153 jurys recommendation to the court shall be a sentence of life 154 imprisonment without the possibility of parole. 155 (4)IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH. 156 (a)If the jury has recommended a sentence of: 157 1.Life imprisonment without the possibility of parole, the 158 court shall impose the recommended sentence of life imprisonment 159 without the possibility of parole. 160 2.Death, the court, after considering each aggravating 161 factor found by the jury and all mitigating circumstances, may 162 impose a sentence of life imprisonment without the possibility 163 of parole or a sentence of death. The court may consider only an 164 aggravating factor that was unanimously found to exist by the 165 jury. The court may impose a sentence of death only if the jury 166 unanimously found at least two aggravating factors beyond a 167 reasonable doubt. 168 (b)If the defendant waived his or her right to a 169 sentencing proceeding by a jury, the court, after considering 170 all aggravating factors and mitigating circumstances, may impose 171 a sentence of life imprisonment without the possibility of 172 parole or a sentence of death. The court may impose a sentence 173 of death only if the court finds that at least two aggravating 174 factors have been proven to exist beyond a reasonable doubt. 175 (5)ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE 176 IMPRISONMENT OR DEATH.In each case in which the court imposes a 177 sentence of life imprisonment without the possibility of parole 178 or a sentence of death, the court shall, considering the records 179 of the trial and the sentencing proceedings, enter a written 180 order addressing the aggravating factors set forth in subsection 181 (7) found to exist, the mitigating circumstances in subsection 182 (8) reasonably established by the evidence, whether there are 183 sufficient aggravating factors to warrant the death penalty, and 184 whether the aggravating factors outweigh the mitigating 185 circumstances reasonably established by the evidence. The court 186 shall include in its written order the reasons for not accepting 187 the jurys recommended sentence, if applicable. If the court 188 does not issue its order requiring the death sentence within 30 189 days after the rendition of the judgment and sentence, the court 190 shall impose a sentence of life imprisonment without the 191 possibility of parole in accordance with s. 775.082. 192 (6)REVIEW OF JUDGMENT AND SENTENCE.The judgment of 193 conviction and sentence of death shall be subject to automatic 194 review by the Supreme Court and disposition rendered within 2 195 years after the filing of a notice of appeal. Such review by the 196 Supreme Court shall have priority over all other cases and shall 197 be heard in accordance with rules adopted by the Supreme Court. 198 (7)AGGRAVATING FACTORS.Aggravating factors shall be 199 limited to the following: 200 (a)The capital felony was committed by a person previously 201 convicted of a felony violation under s. 787.06 and under 202 sentence of imprisonment or placed on community control or on 203 felony probation. 204 (b)The defendant was previously convicted of another 205 capital felony or of a felony involving the use or threat of 206 violence to the person. 207 (c)The capital felony was committed by a person designated 208 as a sexual predator pursuant to s. 775.21 or a person 209 previously designated as a sexual predator who had the sexual 210 predator designation removed. 211 (d)The capital felony was committed by a sexual offender 212 who is required to register pursuant to s. 943.0435 or a person 213 previously required to register as a sexual offender who had 214 such requirement removed. 215 (e)The defendant knowingly created a great risk of death 216 to one or more persons such that participation in the offense 217 constituted reckless indifference or disregard for human life. 218 (f)The defendant used a firearm or knowingly directed, 219 advised, authorized, or assisted another to use a firearm to 220 threaten, intimidate, assault, or injure a person in committing 221 the offense or in furtherance of the offense. 222 (g)The capital felony was especially heinous, atrocious, 223 or cruel. 224 (h)The victim of the capital felony was particularly 225 vulnerable due to age or disability, or because the defendant 226 stood in a position of familial or custodial authority over the 227 victim. 228 (i)The capital felony was committed by a person subject to 229 an injunction issued pursuant to s. 741.30 or s. 784.046, or a 230 foreign protection order accorded full faith and credit pursuant 231 to s. 741.315, and was committed against the petitioner who 232 obtained the injunction or protection order or any spouse, 233 child, sibling, or parent of the petitioner. 234 (j)The victim of the capital felony sustained serious 235 bodily injury. 236 (8)MITIGATING CIRCUMSTANCES.Mitigating circumstances 237 shall include the following: 238 (a)The defendant has no significant history of prior 239 criminal activity. 240 (b)The capital felony was committed while the defendant 241 was under the influence of extreme mental or emotional 242 disturbance. 243 (c)The defendant was an accomplice in the capital felony 244 committed by another person, and the defendants participation 245 was relatively minor. 246 (d)The defendant was under extreme duress or under the 247 substantial domination of another person. 248 (e)The capacity of the defendant to appreciate the 249 criminality of her or his conduct or to conform his or her 250 conduct to the requirements of law was substantially impaired. 251 (f)The age of the defendant at the time of the offense. 252 (g)The defendant could not have reasonably foreseen that 253 his or her conduct in the course of the commission of the 254 offense would cause or would create a grave risk of death to one 255 or more persons. 256 (h)The existence of any other factors in the defendants 257 background that would mitigate against imposition of the death 258 penalty. 259 (9)VICTIM IMPACT EVIDENCE.Once the prosecution has 260 provided evidence of the existence of two or more aggravating 261 factors as described in subsection (7), the prosecution may 262 introduce and subsequently argue victim impact evidence to the 263 jury. Such evidence shall be designed to demonstrate the 264 victims uniqueness as an individual human being and the 265 physical and psychological harm to the victim. Characterizations 266 and opinions about the crime, the defendant, and the appropriate 267 sentence may not be permitted as a part of victim impact 268 evidence. 269 (10)CONSTITUTIONALITY.Notwithstanding s. 775.082(2) or s. 270 775.15, or any other provision of law, a sentence of death shall 271 be imposed under this section notwithstanding existing case law 272 which holds that such a sentence is unconstitutional under the 273 State Constitution and the United States Constitution. In any 274 case for which the Florida Supreme Court or the United States 275 Supreme Court reviews a sentence of death imposed pursuant to 276 this section, and in making such a review reconsiders the prior 277 holdings in Buford v. State of Florida, 403 So. 2d 943 (Fla. 278 1981), and Kennedy v. Louisiana, 554 U.S. 407 (2008), and 279 determines that a sentence of death remains unconstitutional, 280 the court having jurisdiction over the person previously 281 sentenced to death shall cause such person to be brought before 282 the court, and the court shall sentence such person to life 283 imprisonment as provided in s. 775.082(1). 284 (11)APPLICABILITY.This section applies to any capital 285 felony under s. 787.06(5) which is committed on or after October 286 1, 2025. 287 Section 3.Paragraph (o) is added to subsection (1) of 288 section 924.07, Florida Statutes, to read: 289 924.07Appeal by state. 290 (1)The state may appeal from: 291 (o)The sentence in a case of capital human trafficking of 292 vulnerable persons for sexual exploitation on the ground that it 293 resulted from the circuit courts failure to comply with 294 sentencing procedures under s. 921.1427, including by striking a 295 notice of intent to seek the death penalty, refusing to impanel 296 a capital jury, or otherwise granting relief that prevents the 297 state from seeking a sentence of death. 298 Section 4.Subsection (2) of section 92.565, Florida 299 Statutes, is amended to read: 300 92.565Admissibility of confession in sexual abuse cases. 301 (2)In any criminal action in which the defendant is 302 charged with a crime against a victim under s. 787.06(3), 303 involving commercial sexual activity; s. 787.06(5); s. 794.011; 304 s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual 305 abuse; s. 827.04, involving sexual abuse; s. 827.071; or s. 306 847.0135(5), or any other crime involving sexual abuse of 307 another, or with any attempt, solicitation, or conspiracy to 308 commit any of these crimes, the defendants memorialized 309 confession or admission is admissible during trial without the 310 state having to prove a corpus delicti of the crime if the court 311 finds in a hearing conducted outside the presence of the jury 312 that the state is unable to show the existence of each element 313 of the crime, and having so found, further finds that the 314 defendants confession or admission is trustworthy. Factors 315 which may be relevant in determining whether the state is unable 316 to show the existence of each element of the crime include, but 317 are not limited to, the fact that, at the time the crime was 318 committed, the victim was: 319 (a)Physically helpless, mentally incapacitated, or 320 mentally defective, as those terms are defined in s. 794.011; 321 (b)Physically incapacitated due to age, infirmity, or any 322 other cause; or 323 (c)Less than 12 years of age. 324 Section 5.Paragraph (e) of subsection (2) of section 325 456.51, Florida Statutes, is amended to read: 326 456.51Consent for pelvic examinations. 327 (2)A health care practitioner, a medical student, or any 328 other student receiving training as a health care practitioner 329 may not perform a pelvic examination on an anesthetized or 330 unconscious patient without the written consent of the patient 331 or the patients legal representative executed specific to, and 332 expressly identifying, the pelvic examination. If the patient is 333 conscious, informed verbal consent must be obtained for the 334 pelvic examination in addition to any written consent obtained. 335 Consent is not required if: 336 (e)The pelvic examination is administered pursuant to a 337 criminal investigation of an alleged violation related to child 338 abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g); 339 s. 787.06(5); chapter 794; chapter 796; chapter 800; chapter 340 827; or chapter 847. 341 Section 6.Paragraph (o) of subsection (1) of section 342 775.0877, Florida Statutes, is amended to read: 343 775.0877Criminal transmission of HIV; procedures; 344 penalties. 345 (1)In any case in which a person has been convicted of or 346 has pled nolo contendere or guilty to, regardless of whether 347 adjudication is withheld, any of the following offenses, or the 348 attempt thereof, which offense or attempted offense involves the 349 transmission of body fluids from one person to another: 350 (o)Sections 787.06(3)(b), (d), (f), and (g) and 787.06(5), 351 relating to human trafficking, the court shall order the 352 offender to undergo HIV testing, to be performed under the 353 direction of the Department of Health in accordance with s. 354 381.004, unless the offender has undergone HIV testing 355 voluntarily or pursuant to procedures established in s. 356 381.004(2)(h)6. or s. 951.27, or any other applicable law or 357 rule providing for HIV testing of criminal offenders or inmates, 358 subsequent to her or his arrest for an offense enumerated in 359 paragraphs (a)-(n) for which she or he was convicted or to which 360 she or he pled nolo contendere or guilty. The results of an HIV 361 test performed on an offender pursuant to this subsection are 362 not admissible in any criminal proceeding arising out of the 363 alleged offense. 364 Section 7.Paragraph (a) of subsection (4) of section 365 775.21, Florida Statutes, is amended to read: 366 775.21The Florida Sexual Predators Act. 367 (4)SEXUAL PREDATOR CRITERIA. 368 (a)For a current offense committed on or after October 1, 369 1993, upon conviction, an offender shall be designated as a 370 sexual predator under subsection (5), and subject to 371 registration under subsection (6) and community and public 372 notification under subsection (7) if: 373 1.The felony is: 374 a.A capital, life, or first degree felony violation, or 375 any attempt thereof, of s. 787.01 or s. 787.02, where the victim 376 is a minor, or s. 787.06(3)(f) or (g), where the victim is a 377 minor; s. 787.06(5); s. 794.011, s. 800.04, or s. 847.0145, or a 378 violation of a similar law of another jurisdiction; or 379 b.Any felony violation, or any attempt thereof, of s. 380 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 381 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 382 (d), (f), or (g); former s. 787.06(3)(h); s. 787.06(5); s. 383 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 384 former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 385 827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 386 895.03, if the court makes a written finding that the 387 racketeering activity involved at least one sexual offense 388 listed in this sub-subparagraph or at least one offense listed 389 in this sub-subparagraph with sexual intent or motive; s. 390 916.1075(2); or s. 985.701(1); or a violation of a similar law 391 of another jurisdiction, and the offender has previously been 392 convicted of or found to have committed, or has pled nolo 393 contendere or guilty to, regardless of adjudication, any 394 violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 395 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 396 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 397 787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 398 former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 399 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 400 847.0145; s. 895.03, if the court makes a written finding that 401 the racketeering activity involved at least one sexual offense 402 listed in this sub-subparagraph or at least one offense listed 403 in this sub-subparagraph with sexual intent or motive; s. 404 916.1075(2); or s. 985.701(1); or a violation of a similar law 405 of another jurisdiction; 406 2.The offender has not received a pardon for any felony or 407 similar law of another jurisdiction that is necessary for the 408 operation of this paragraph; and 409 3.A conviction of a felony or similar law of another 410 jurisdiction necessary to the operation of this paragraph has 411 not been set aside in any postconviction proceeding. 412 Section 8.Subsection (3) of section 787.01, Florida 413 Statutes, is amended to read: 414 787.01Kidnapping; kidnapping of child under age 13, 415 aggravating circumstances. 416 (3)(a)A person who commits the offense of kidnapping upon 417 a child under the age of 13 and who, in the course of committing 418 the offense, commits one or more of the following: 419 1.Aggravated child abuse, as defined in s. 827.03; 420 2.Sexual battery, as defined in chapter 794, against the 421 child; 422 3.Lewd or lascivious battery, lewd or lascivious 423 molestation, lewd or lascivious conduct, or lewd or lascivious 424 exhibition, in violation of s. 800.04 or s. 847.0135(5); 425 4.A violation of former s. 796.03 or s. 796.04, relating 426 to prostitution, upon the child; 427 5.Exploitation of the child or allowing the child to be 428 exploited, in violation of s. 450.151; or 429 6.A violation of s. 787.06(3)(g) or s. 787.06(5), relating 430 to human trafficking, commits a life felony, punishable as 431 provided in s. 775.082, s. 775.083, or s. 775.084. 432 (b)Pursuant to s. 775.021(4), nothing contained herein 433 shall be construed to prohibit the 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 read: 439 787.02False 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, commits any offense enumerated 444 in subparagraphs 1.-6. subparagraphs 1.-5., commits a felony of 445 the first degree, punishable by imprisonment for a term of years 446 not exceeding life or as provided in s. 775.082, s. 775.083, or 447 s. 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 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), relating 459 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 offense enumerated in 464 subparagraphs (a)1.-6. subparagraphs (a)1.-5. 465 Section 10.Subsection (4) of section 921.137, Florida 466 Statutes, is amended to read: 467 921.137Imposition of the death sentence upon an 468 intellectually disabled defendant prohibited. 469 (4)After a defendant 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 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: 492 921.141Sentence 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 500 943.0435, Florida Statutes, is amended to read: 501 943.0435Sexual 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. 794.05; 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 activity 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 has been redesignated from a 523 former statute number to one of those listed in this sub-sub 524 subparagraph; and 525 (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, parole, 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 otherwise 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 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, excluding 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 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. 586 587 For each violation of a qualifying offense listed in this 588 subsection, except for a violation of s. 794.011, the court 589 shall make a written finding of the age of the victim at the 590 time of the offense. For a violation of s. 800.04(4), the court 591 shall also make a written finding indicating whether the offense 592 involved sexual activity and indicating whether the offense 593 involved force or coercion. For a violation of s. 800.04(5), the 594 court shall also make a written finding that the offense did or 595 did not involve unclothed genitals or genital area and that the 596 offense did or did not involve the use of force or coercion. 597 Section 13.Paragraph (f) of subsection (1) of section 598 944.606, Florida Statutes, is amended to read: 599 944.606Sexual offenders; notification upon release. 600 (1)As used in this section, the term: 601 (f)Sexual offender means a person who has been convicted 602 of committing, or attempting, soliciting, or conspiring to 603 commit, any of the criminal offenses proscribed in the following 604 statutes in this state or similar offenses in another 605 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 606 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 607 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 608 787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 609 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); 610 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 611 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 612 if the court makes a written finding that the racketeering 613 activity involved at least one sexual offense listed in this 614 paragraph or at least one offense listed in this paragraph with 615 sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or 616 any similar offense committed in this state which has been 617 redesignated from a former statute number to one of those listed 618 in this subsection, when the department has received verified 619 information regarding such conviction; an offenders 620 computerized criminal history record is not, in and of itself, 621 verified information. 622 Section 14.Paragraph (f) of subsection (1) of section 623 944.607, Florida Statutes, is amended to read: 624 944.607Notification to Department of Law Enforcement of 625 information on sexual offenders. 626 (1)As used in this section, the term: 627 (f)Sexual offender means a person who is in the custody 628 or control of, or under the supervision of, the department or is 629 in the custody of a contractor-operated correctional facility: 630 1.On or after October 1, 1997, as a result of a conviction 631 for committing, or attempting, soliciting, or conspiring to 632 commit, any of the criminal offenses proscribed in the following 633 statutes in this state or similar offenses in another 634 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 635 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 636 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 637 787.06(5); s. 794.011, excluding s. 794.011(10); s. 794.05; 638 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); 639 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 640 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 641 if the court makes a written finding that the racketeering 642 activity involved at least one sexual offense listed in this 643 subparagraph or at least one offense listed in this subparagraph 644 with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); 645 or any similar offense committed in this state which has been 646 redesignated from a former statute number to one of those listed 647 in this paragraph; or 648 2.Who establishes or maintains a residence in this state 649 and who has not been designated as a sexual predator by a court 650 of this state but who has been designated as a sexual predator, 651 as a sexually violent predator, or by another sexual offender 652 designation in another state or jurisdiction and was, as a 653 result of such designation, subjected to registration or 654 community or public notification, or both, or would be if the 655 person were a resident of that state or jurisdiction, without 656 regard as to whether the person otherwise meets the criteria for 657 registration as a sexual offender. 658 Section 15.Subsection (1) of section 948.32, Florida 659 Statutes, is amended to read: 660 948.32Requirements of law enforcement agency upon arrest 661 of persons for certain sex offenses. 662 (1)When any state or local law enforcement agency 663 investigates or arrests a person for committing, or attempting, 664 soliciting, or conspiring to commit, a violation of s. 665 787.025(2)(c), s. 787.06(3)(g), s. 787.06(5), chapter 794, 666 former s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 667 847.0135, or s. 847.0145, the law enforcement agency shall 668 contact the Department of Corrections to verify whether the 669 person under investigation or under arrest is on probation, 670 community control, parole, conditional release, or control 671 release. 672 Section 16.Subsection (2) of section 960.065, Florida 673 Statutes, is amended to read: 674 960.065Eligibility for awards. 675 (2)Any claim filed by or on behalf of a person who: 676 (a)Committed or aided in the commission of the crime upon 677 which the claim for compensation was based; 678 (b)Was engaged in an unlawful activity at the time of the 679 crime upon which the claim for compensation is based, unless the 680 victim was engaged in prostitution as a result of being a victim 681 of human trafficking as described in s. 787.06(3)(b), (d), (f), 682 or (g) or s. 787.06(5); 683 (c)Was in custody or confined, regardless of conviction, 684 in a county or municipal detention facility, a state or federal 685 correctional facility, or a juvenile detention or commitment 686 facility at the time of the crime upon which the claim for 687 compensation is based; 688 (d)Has been adjudicated as a habitual felony offender, 689 habitual violent offender, or violent career criminal under s. 690 775.084; or 691 (e)Has been adjudicated guilty of a forcible felony 692 offense as described in s. 776.08, is ineligible for an award. 693 Section 17.This act shall take effect October 1, 2025.
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