Art. I, § 17, Fla. Const. · Article I. DECLARATION OF RIGHTS
Excessive punishments.
Text — As revised in 1968 and subsequently amended (Online Sunshine, retrieved 2026-10-04)
Excessive fines, cruel and unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. The death penalty is an authorized punishment for capital crimes designated by the legislature. The prohibition against cruel or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the United States Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United States Constitution. Any method of execution shall be allowed, unless prohibited by the United States Constitution. Methods of execution may be designated by the legislature, and a change in any method of execution may be applied retroactively. A sentence of death shall not be reduced on the basis that a method of execution is invalid. In any case in which an execution method is declared invalid, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method. This section shall apply retroactively.
Notes and commentary — not constitutional text
History
Am. H.J.R. 3505, 1998; adopted 1998; Am. H.J.R. 951, 2001; adopted 2002.
Source of truth
- Edition
- As revised in 1968 and subsequently amended (Online Sunshine, retrieved 2026-10-04)
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes
- Text hash
- sha256 9438bba1e88ee664de0d2ae885c8bed6a2eb9cdf4e3335a1d3fa98f9baf85cdf
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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