The death penalty—also known as capital punishment—refers to the process of state and federal courts sentencing persons convicted of the most serious criminal offenses (capital offenses or capital crimes) to death. The specific crimes and circumstances for which the death penalty is a potential punishment (usually murder) are defined by state and federal statutes enacted by state legislatures and the United States Congress, respectively.

These death penalty or capital punishment statutes are often located in the penal or criminal code, and often in the same statute that defines a criminal offense such as murder. Twenty-two states and the District of Columbia do not have the death penalty as a potential punishment for any criminal offense.

In Florida, the death penalty is a legal form of punishment for capital offenses, primarily for first-degree murder. The statutes governing capital punishment are found in the Florida Statutes, particularly in Chapter 782, which deals with homicide, and Chapter 921, which covers sentencing and the imposition of the death penalty. Florida's death penalty statutes specify the circumstances under which the death penalty may be imposed, often referred to as 'aggravating factors,' such as the crime being especially heinous, atrocious, or cruel, or being committed for financial gain. The decision to seek the death penalty is made by the state's attorney. The process involves a sentencing phase where a jury makes a recommendation to the judge, who ultimately decides whether to impose the death penalty. Florida requires a unanimous jury recommendation for a death sentence. It's important to note that the U.S. Supreme Court has influenced the application of the death penalty in Florida through decisions that have required changes to the state's capital sentencing procedures.