Florida Governor Ron DeSantis has signed a law that allows the death penalty for child rape.
It directly challenges a Supreme Court ruling that banned executions for crimes that don’t involve murder.
DeSantis announced the law at an event in Brevard County.
He said, “In Florida, we stand for the protection of children.”
He continued, “We think that in the worst of the worst cases the only appropriate punishment is the ultimate punishment.”
In 2008, the Supreme Court ruled that executing offenders for child rape was unconstitutional.
The justices said it would be “cruel and unusual punishment.”
DeSantis disagrees and wants to push back against that ruling.
“We think that decision was wrong,” he said. “This bill sets up a procedure to be able to challenge that precedent.”
The new measure, House Bill 1297, lets juries recommend the death penalty with an 8-4 vote.
It applies to cases of sexual battery on children under 12. Before now, death sentences required a unanimous jury decision.
The law taook effect on October 1.
It passed with strong support from both Republicans and Democrats in the Florida Legislature.
Some Say It’s Justice, Others Call It Dangerous
Not everyone is happy with the new law.
Aaron Wayt, from the Florida Association of Criminal Defense Lawyers, warned lawmakers about potential problems.
He said, “Courtrooms must be a place for justice, and not vengeance.”
Wayt believes the bill could hurt child victims by dragging cases out longer.
Credit: Malcolm Denemark/Florida Today
“This bill invites a longer, costlier process that the victim and their family will endure,” he said.
Senate Democratic Leader Lauren Book, who is also a survivor of child abuse, supported the idea.
“There’s no statute of limitations that a victim suffers. This is a life sentence,” she said.
Opponents also worry about false convictions.
Florida has led the nation in death row exonerations, with 30 people cleared since the 1970s.
DeSantis Pushes Tough-on-Crime Agenda Ahead of Likely Campaign
The governor has heavily leaned into a “law and order” image.
“You can’t rest on your laurels if you want to be a ‘law and order’ state,” he said.
Monday’s event felt more like a campaign rally than a bill signing.
It included applause, speeches praising DeSantis, and warnings about crime in other states.
Florida Attorney General Ashley Moody said, “I have never been so proud to be a Floridian.”
She added, “This bold legislative package is designed to ensure that Florida never goes down the dangerous path of New York or Chicago or Portland or San Francisco.”
Brevard County Sheriff Wayne Ivey also praised the governor.
“This is a ‘law and order’ state, thanks to an incredible governor,” he said.
He also claimed Florida’s version of “bail reform” would keep more criminals behind bars.
More Death Penalty Changes Already Happening in Florida
This isn’t the first time DeSantis has changed death penalty rules.
Just weeks ago, he signed a law lowering the threshold for death sentences to 8 out of 12 jurors.
Before that, every juror had to agree.
That change came after the Parkland school shooter avoided execution because three jurors voted against it.
DeSantis was furious and called for reforms.
Florida now has the lowest jury threshold for death sentences in the country.
After a three-year break, DeSantis has recently resumed signing death warrants.
Several executions are now moving forward.
More Legal Fights Likely
Legal experts expect this new child rape law to be challenged immediately in court. It could become another major legal and political battle for Florida taxpayers.
DeSantis seems ready for that fight. “At the end of the day, we’ve got a pretty good track record on this stuff,” he said.
Whether the Supreme Court will revisit its 2008 ruling remains uncertain.
But one thing is clear — Florida is ready to test it.
Featured image credit: Gage Skidmore
