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Senate approves bill imposing mandatory death penalty for capital felonies by unauthorized aliens and creates state entry offenses
Summary
The Florida Senate passed Senate Bill 4C, which requires a mandatory death sentence for an unauthorized alien convicted of a capital felony and establishes state crimes for illegal entry and reentry. The measure passed on a 25–11 roll-call vote after extended floor debate about constitutional implications and plea bargaining incentives.
The Florida Senate passed Senate Bill 4C on Feb. 13, 2025, by a roll-call vote of 25 yeas to 11 nays. The bill adds two principal provisions: a mandatory death sentence for an unauthorized alien convicted or adjudicated guilty of a capital felony, and the creation of state crimes of illegal entry and illegal reentry.
Sponsor remarks: Senator Fine explained the bill’s purpose on the floor, saying it “does two important provisions as part of our comprehensive immigration package. ... First, identical to the bill that we passed last month, this bill requires a mandatory death penalty for an unauthorized alien convicted or adjudicated guilty of a capital felony. And second, the bill creates the crimes of illegal entry and illegal reentry into our state.”
Opponents warned of constitutional and practical consequences. Senator Sharif argued the measure “imposes the death penalty based on immigration status” and raised equal-protection and due-process concerns, noting capital sentencing disparities and litigation costs. Senator Peter Pizzo and other senators pressed the sponsor about how a mandatory death penalty would affect plea bargaining and whether it would conflate guilt and penalty phases in trial practice; the sponsor and others said the bill would not change trial procedure but acknowledged it could affect defendants’ plea decisions.
After extended questions and debate on procedural and constitutional issues, the Senate read the bill a third time and adopted it on a 25–11 recorded vote. The bill now moves to the executive for consideration.
