FL H1297

Establishes capital punishment for persons 18 years or older who commit sexual battery on children under 12 years of age, making it a capital felony punishable by death or life imprisonment without parole.

Requires prosecutors to provide notice within 45 days after arraignment if seeking the death penalty, including a list of aggravating factors they intend to prove beyond a reasonable doubt.

Mandates separate penalty proceedings before a jury (unless waived) where jurors must unanimously find at least two aggravating factors exist to make defendant death-eligible, with at least 8 jurors required to recommend death.

Specifies 11 aggravating factors (including prior sexual battery convictions, sexual predator status, victim vulnerability, and especially heinous crimes) and 7 mitigating circumstances for consideration during sentencing.

Provides automatic review of death sentences by the Florida Supreme Court within 2 years and allows state appeals if courts fail to comply with sentencing procedures; applies to crimes committed on or after October 1, 2023.