FL S1342

Establishes a mandatory separate sentencing proceeding for capital sexual battery convictions (sexual battery on children under 12 years old) to determine sentences of death or life imprisonment without parole.

Requires prosecutors to notify defendants within 45 days after arraignment if they intend to seek the death penalty, including a list of aggravating factors they plan to prove.

Mandates that juries unanimously find at least two aggravating factors beyond a reasonable doubt before a defendant is eligible for a death sentence; requires death sentence if eight or more jurors recommend it, and requires life without parole if fewer than eight jurors recommend death.

Specifies aggravating factors (prior sexual offenses, sexual predator status, victim vulnerability due to age/disability, heinous/atrocious/cruel conduct, among others) and mitigating circumstances (no prior criminal history, mental disturbance, age of defendant, among others) to be considered during sentencing.

Applies to capital sexual battery offenses committed on or after October 1, 2023, and authorizes the state to appeal sentences that fail to comply with the new sentencing procedures.