FL S1804

Creates the capital felony of "capital human trafficking of vulnerable persons for sexual exploitation," targeting persons 18 or older who knowingly initiate, organize, plan, finance, direct, manage, or supervise a venture that subjects a child under 12, or a mentally defective or mentally incapacitated person, to human trafficking for sexual exploitation, punishable by death or life imprisonment without parole, effective October 1, 2025

Establishes a detailed death penalty sentencing procedure (s. 921.1427) requiring a jury to unanimously find at least two aggravating factors beyond a reasonable doubt, with at least 8 of 12 jurors recommending death before a death sentence can be imposed; the court may override a death recommendation to impose life imprisonment but not the reverse

Specifies 10 aggravating factors (including prior felony convictions, sexual predator designation, heinous/atrocious/cruel conduct, and victim vulnerability) and 8 mitigating circumstances (including no prior criminal history, extreme duress, and age of defendant) for sentencing proceedings

Requires mandatory sexual predator designation, sexual offender registration, and HIV testing for persons convicted of the new offense, and updates kidnapping and false imprisonment statutes to include the new crime as an aggravating circumstance

Includes a constitutionality provision acknowledging existing case law (Kennedy v. Louisiana, Buford v. State) holding the death penalty unconstitutional for non-homicide offenses, but directs courts to impose death sentences regardless, with resentencing to life imprisonment if the sentence is ultimately found unconstitutional