Critics Warn of Unconstitutional Overreach As Bills Await Governor DeSantis’ Signature
TALLAHASSEE, FL – As of May 4, 2025, the Florida Legislature has passed four controversial bills significantly expanding the state’s use of the death penalty. All four await the signature of Governor Ron DeSantis.
Robert Dunham, former executive director of the Death Penalty Information Center, posted on X: “The Florida legislature has passed four bills expanding its death penalty, some unconstitutionally, others unnecessarily.” He cited a legislative update from @FLDeathPenalty, a legal tracking project led by attorney Melanie Kalmanson.
Kalmanson, a Jacksonville-based commercial litigation attorney, founded @FLDeathPenalty to monitor and explain Florida’s evolving capital punishment laws, trials, caselaw, and executions. Her latest update, entitled Legislative Update as of 5/4, outlines the scope and legislative history of each bill.
Bill Set 1: Expanding Capital Punishment to Non-Homicide Human Trafficking
The first pair of bills—House Bill 1283 and Senate Bill 1804—would authorize the death penalty for certain non-homicide crimes involving human trafficking, a move critics argue is unconstitutional under current U.S. Supreme Court precedent.
HB 1283 passed the House by a vote of 95–17 and SB 1804 passed the Senate 27–11. The bills are now on the governor’s desk.
HB 1283 was reviewed by the Criminal Justice Subcommittee, the Justice Budget Subcommittee, and the Judiciary Committee. On April 8, the House Judiciary Committee advanced the measure 15–3. SB 1804 cleared the Senate Criminal Justice Committee on April 1 and the Appropriations Committee on Criminal and Civil Justice on April 15.
Opponents included legal experts and members of the faith community. Joseph Harmon, representing the Florida Conference of Catholic Bishops, testified that, while the crimes were horrific and deserved punishment, the Conference opposes any expansion of the death penalty. “All human life is sacred,” Harmon stated, as quoted by Kalmanson.
Bill Set 2: Adding Aggravating Factors for Crimes Against Heads of State
House Bill 653 and Senate Bill 776 would add a new aggravating factor for capital felonies committed against foreign or domestic heads of state.
HB 653 passed the House 99–13, while SB 776 passed the Senate 25–12. Both bills are now pending the governor’s approval.
The House Criminal Justice Subcommittee unanimously approved HB 653, and the House Judiciary Committee passed it 20–2 on March 26. SB 776 was approved 6–3 by the Senate Appropriations Committee on Criminal and Civil Justice on April 15.
Bill Set 3: Enhancing Penalties for Capital Crimes Committed at Public Gatherings
House Bill 693 and Senate Bill 984 propose a new aggravating factor for capital crimes committed during certain public gatherings.
HB 693 passed the House 96–10 after being approved by the Criminal Justice Subcommittee and the Judiciary Committee. Its final vote took place on April 3. SB 984 passed the Senate 32–5 after clearing the Senate Criminal Justice Committee 7–2 on March 18 and the Appropriations Committee on April 10.
Kalmanson notes these measures could broaden the scope of capital eligibility, raising concerns about increased prosecutorial discretion and inconsistent application.
Bill Set 4: Expanding Execution Methods
The fourth set of legislation—House Bill 903 and Senate Bill 1604—seeks to expand Florida’s authorized execution methods. While the Senate initially removed the execution language from SB 1604 in committee, it ultimately passed the House version with the provision restored.
HB 903 passed the House 83–33. The Senate adopted the House version and passed it 26–11.
HB 903 was approved by the House Criminal Justice Subcommittee on March 26 and the Judiciary Committee on April 2. SB 1604 was reviewed by the Senate Criminal Justice Committee and the Senate Appropriations Committee on March 25.
Critics Raise Constitutional Concerns
Legal analysts and human rights organizations warn that some of the bills, particularly those allowing capital punishment for non-homicide crimes, may be unconstitutional under existing Supreme Court precedent—namely, Kennedy v. Louisiana (2008), which barred the death penalty for non-homicide offenses against individuals.
