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Florida Capital Punishment Laws

Mention the death penalty, and it can polarize people. Capital punishment has a long and controversial history in the U.S., where each state makes its laws about the death penalty. Most states, including Florida, allow capital punishment for serious crimes.

According to the Death Penalty Information Center, there were 294 death row inmates in Florida as of January 2024. Despite this high number, there were only six executions in 2023. Florida uses lethal injection for its executions, but an inmate can request electrocution.

Here, we'll explain Florida's death penalty laws. We will also discuss the types of crimes that carry a death sentence. Consult a Florida criminal defense attorney immediately if you're facing capital charges. There is no penalty greater than a sentence of death.

Florida Death Penalty Laws and Aggravating Factors

According to Florida Statute §921.141, there are several factors a jury may consider when deciding to impose the death penalty. Once the jury (or judge) finds you guilty, there will be a separate sentencing hearing.

At this hearing, the prosecutor has the opportunity to point to the following aggravating factors:

  • The defendant has a prior conviction for a capital felony.
  • The defendant committed the crime knowing they were posing a high risk of death to many.
  • The offender committed a crime of violence against the victim.
  • The defendant acted while trying to avoid arrest.
  • The offender acted for financial or pecuniary gain.
  • The homicide was "cold, calculated, and premeditated."
  • The killing was heinous, cruel, and atrocious.
  • The victim was a peace officer or public official.
  • The victim was under the age of 12.
  • The crime was gang-related.
  • The victim was elderly or otherwise especially vulnerable.
  • The defendant was a sexual predator.
  • The victim had an order of protection against the defendant.

One other aggravating factor is that the defendant committed the felony while in the commission of any of the following crimes:

  • Arson
  • Kidnapping
  • Sexual battery
  • Abuse of the elderly
  • Bombing
  • Hijacking
  • Aggravated child abuse

The more aggravating factors that apply to your case, the greater the chances of getting a death sentence.

Your Criminal Defense Lawyer Can Also Raise Mitigating Factors

Just as the prosecutor can raise aggravating factors during the sentencing hearing, your attorney can raise mitigating factors. There is no guarantee that these factors will result in a life sentence instead of a death sentence. But they do increase your chances of serving life imprisonment rather than execution.

The mitigating factors available in a capital sentencing hearing include the following:

  • The defendant's age
  • No criminal history
  • The defendant acted while under an extreme emotional or mental disturbance
  • The victim was an accomplice or consented to the crime
  • The offender lacked the mental capacity to understand the nature of their actions (insanity)

The trial judge may consider other background factors. For example, your attorney may submit proof that you were abused as a child or suffer from PTSD.

Florida's Death Penalty Laws at a Glance

Below, we have outlined Florida's capital punishment laws. For more related articles, visit FindLaw's Death Penalty section.

Code sections
  • Florida Statutes §775.082: Penalties and Sentencing Structures
  • Florida Statutes §782.04(1): Definition of Murder and Capital Murder
  • Florida Statutes §921.141: Death Sentence and Life in Prison for Capital Felonies
  • Florida Statutes §922.07: Insanity and the Death Penalty
  • Florida Statutes §922.10 et seq.: Method of Execution
  • Florida Statutes §921.142: Capital Drug Trafficking Penalties
  • Florida Statutes §922.08: Capital Punishment and Pregnancy
Is capital punishment allowed? Yes
Effect of defendant's incapacity Defendants are exempt from execution if they are insane or pregnant. The exemption continues for the duration of the defendant's condition.
Minimum age No minimum age
Available for crimes other than homicide? It may apply to capital drug trafficking and child rape.
Method of execution Lethal injection, unless the inmate requests electrocution.

Note: State laws are constantly changing. Talk to a Florida criminal defense attorney or conduct legal research to verify your state laws.

New Law Allows the Death Penalty in Child Rape Cases

On Oct. 1, 2023, Florida Gov. Ron DeSantis passed House Bill 1297, which allows the death penalty in cases involving child rape. According to this new bill, defendants guilty of sexual battery of a child under 12 are eligible for the death penalty.

To be eligible for a death sentence, the defendant must be at least 18 years old. The judge or jury may impose the death penalty if the defendant injures the sex organs of a victim under 12 during a sexual battery or an attempted sexual battery.

State Death Penalty in Florida No Longer Needs Unanimous Jury

Before 2023, Florida required a unanimous jury recommendation in death penalty cases. But in April 2023, Gov. Ron DeSantis passed Senate Bill 450, which allows the death penalty as long as there is an 8-4 majority.

This is a significant departure from Florida's previous laws and is much harsher than capital punishment laws in other states. Florida now has the lowest threshold for the death penalty in the nation. Most other states still need a unanimous vote before signing a death warrant.

Capital Punishment in the United States: A Brief History

Now, 27 states use the death penalty. Until the 1970s, most states practiced capital punishment. But, the U.S. Supreme Court banned the practice in 1972 due to Furman v. Georgia. In Furman, the justices found that the death penalty was constitutional in that it was cruel and unusual punishment.

While many states quickly complied with the court's ruling, some reinstated the practice four years later. In Florida, for example, there have been more than a hundred executions since lawmakers reinstated capital punishment in 1976.

When Florida first imposed the death penalty, the method of execution was hanging. But in 1923, Florida abandoned this method in favor of the electric chair. In 2000, the Florida Department of Corrections introduced lethal injection as an alternative to electrocution.

Do I Need a Criminal Defense Attorney?

Capital punishment is as severe as criminal penalties can get. If you're facing criminal charges that could result in a death sentence, contact a local criminal defense attorney to discuss your case and find out about your rights and options.

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