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The Death Penalty in Florida

How Florida law treats death penalty, from the state code and official state agencies.

Short answer: Florida has the death penalty. Capital felonies include first-degree murder, capital sexual battery of a child, capital drug trafficking and capital human trafficking of vulnerable persons for sexual exploitation, each with its own sentencing procedure; Fla. Stat. §§ 775.082(1), 921.141(1)-(2), 921.142, 921.1425, 921.1427, 922.10, 922.105

Death penaltyFlorida has the death penalty. Capital felonies include first-degree murder, capital sexual battery of a child, capital drug trafficking and capital human trafficking of vulnerable persons for sexual exploitation, each with its own sentencing procedure; a person who was under 18 at the time cannot be sentenced to death. After a separate penalty hearing, the jury must unanimously find at least one aggravating factor; if at least eight jurors vote for death, the jury recommends death and the judge may impose death or life without parole, and if fewer than eight do, the recommendation is life. A death sentence is carried out by lethal injection unless the person elects electrocution, or by any method not deemed unconstitutional.
Method: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0922/0922.html ; § 775.082: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/0775.html . Read in The 2026 Florida Statutes (Online Sunshine).

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FAQ

Does Florida have the death penalty?
Florida has the death penalty. Capital felonies include first-degree murder, capital sexual battery of a child, capital drug trafficking and capital human trafficking of vulnerable persons for sexual exploitation, each with its own sentencing procedure; a person who was under 18 at the time cannot be sentenced to death. After a separate penalty hearing, the jury must unanimously find at least one aggravating factor; if at least eight jurors vote for death, the jury recommends death and the judge may impose death or life without parole, and if fewer than eight do, the recommendation is life. A death sentence is carried out by lethal injection unless the person elects electrocution, or by any method not deemed unconstitutional.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.