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Committee backs bill creating capital offense for trafficking a child under 12; measure draws opposition
Summary
CS for SB 1804 would make trafficking a child under age 12 or a mentally incapacitated person for sexual exploitation a capital offense; the committee reported the bill favorably after extended debate and public testimony opposing expansion of the death penalty.
The Senate Criminal Justice Committee advanced CS for SB 1804, a measure that would authorize capital punishment for adults who traffic a child younger than 12 or a mentally incapacitated person for sexual exploitation. The committee reported the bill favorably after lengthy debate and public testimony for and against the expansion of capital punishment.
Senator Martin presented the bill and said it is intended to respond to “some of the most heinous crimes” and to send “a clear message” that sex trafficking of very young children is among society’s gravest offenses. The bill would create a capital offense separate from existing commercial sex‑trafficking statutes and incorporates procedural safeguards modeled after current capital statutes, including the requirement of unanimously found aggravating factors before a capital sentence may be imposed. The bill retains a life‑felony classification for defendants under age 18.
Opponents included representatives of the Florida Conference of Catholic Bishops and Floridians for Alternatives to the Death Penalty, who urged the committee to reject expanding the death penalty. Joseph Harmon of the Florida Conference of Catholic Bishops said the organization “opposes this bill because it expands the death penalty” and urged the committee to rely on life imprisonment as a severe punishment. Grace Hannah of Floridians for Alternatives to the Death Penalty argued the proposal conflicts with U.S. and Florida Supreme Court precedent and warned that non‑homicide capital statutes would be constitutionally vulnerable and expensive to litigate.
Committee members debated constitutional and policy issues. Several senators expressed concern that the U.S. Supreme Court and Florida Supreme Court have previously ruled that death is disproportionate for certain non‑homicide sexual offenses; others argued a capital statute with procedural safeguards is an appropriate prosecutorial tool for exceptional cases. Senator Pizzo and Vice Chair Smith raised questions about deterrence, prosecutor discretion, and potential unintended consequences.
After debate and public testimony, the committee reported CS for SB 1804 favorably. Vice Chair Smith recorded a no vote in the roll call; the committee chair announced the bill was reported favorably. Sponsors indicated they will continue working on procedural and constitutional issues ahead of subsequent floor consideration.
The committee’s action advances a controversial expansion of capital sentencing against the backdrop of constitutional questions and vocal opposition from faith and advocacy groups.
