Anthony Meehan Genova, Esq., B.C.S.
Florida criminal jurisprudence has entered a transformative era marked by the statutory expansion of capital punishment and heightened scrutiny of defense counsel qualifications. Effective October 1, 2023, the Florida Legislature amended Section 794.011 of the Florida Statutes, authorizing the death penalty for capital sexual battery committed against a minor. This legislative shift significantly expands the category of capital offenses in Florida, elevating the legal exposure for defendants and placing unprecedented demands on defense attorneys.
In capital litigation—where a human life hangs in the balance—the Sixth Amendment guarantee of effective assistance of counsel requires specialized expertise, extensive trial experience, and rigorous preparation. Under Florida Rule of Criminal Procedure 3.112, the Florida Supreme Court established strict minimum standards to ensure that attorneys representing capital defendants possess the requisite competency and skill. An attorney who satisfies these multi-faceted statutory and procedural mandates, such as Mr. Genova, is fully qualified and competent to handle death penalty cases across every judicial circuit in Florida. For individuals in Lakeland and throughout Central Florida facing these charges, the qualifications of defense counsel can shape every stage of the case.
Under Florida Statute § 794.011(2)(a), a person 18 years of age or older who commits, or attempts to commit, sexual battery upon a child less than 12 years of age commits a capital felony. Pursuant to the 2023 legislative amendments, this offense is punishable either by life imprisonment without the possibility of parole or by death under the specialized sentencing procedures set forth in Section 921.1425 of the Florida Statutes.
To seek the death penalty in a capital sexual battery prosecution, the State must file a formal notice of intent within 45 days after arraignment, identifying the specific statutory aggravating factors it intends to prove beyond a reasonable doubt. Furthermore, Section 921.1425 mandates that a jury must unanimously find the presence of at least two statutory aggravating factors specifically tailored to child sexual battery before a defendant becomes eligible for a death sentence.
The Fourth District Court of Appeal thoroughly examined this statutory framework in Bartels v. State, 410 So. 3d 21 (Fla. 4th DCA 2025). In Bartels, the court addressed the constitutional and procedural ramifications of the 2023 amendment to Section 794.011(2)(a). The court emphasized that because Section 794.011(2)(a) explicitly defines sexual battery on a child under 12 as a capital felony, a defendant charged under the statute is entitled to a 12-person jury under Article I, Section 22 of the Florida Constitution, Section 913.10 of the Florida Statutes, and Florida Rule of Criminal Procedure 3.270.
Although prior precedent in State v. Hogan, 451 So. 2d 844 (Fla. 1984), had limited capital jury requirements following Eighth Amendment restrictions in Buford v. State, 403 So. 2d 943 (Fla. 1981), and Kennedy v. Louisiana, 554 U.S. 407 (2008), Bartels recognized that the 2023 legislative enactments superseded Hogan by establishing a guided-discretion sentencing scheme under Section 921.1425. Consequently, capital sexual battery prosecutions now carry the full procedural and constitutional weight of traditional homicide capital trials.
Because capital prosecutions carry unique legal and evidentiary complexity, the Florida Supreme Court promulgated Florida Rule of Criminal Procedure 3.112 to set mandatory minimum qualifications for defense attorneys in death penalty cases. As the Supreme Court observed in Windom v. State, 416 So. 3d 1140 (Fla. 2025), Rule 3.112 was adopted in 1999 and subsequently extended to privately retained defense counsel in 2002 to ensure uniform competency across the state. Rule 3.112(a) explicitly states that its purpose is “to help ensure that competent representation will be provided to capital defendants in all cases” by requiring counsel to perform at the level of an attorney reasonably skilled in specialized capital practice.
To qualify as Lead Trial Counsel in a capital case under Rule 3.112(f), an attorney must satisfy seven rigorous criteria:
Under Rule 3.112(d), each judicial circuit maintains a master list of conflict counsel qualified for appointment in capital cases as lead trial counsel, co-counsel, and appellate counsel. An attorney who satisfies these high standards—such as Mr. Genova—possesses the verified legal capability, technical competence, and trial record necessary to defend capital cases in any circuit court across the State of Florida.
Defending a capital charge under Section 794.011 or a first-degree murder indictment requires master-level execution across both phases of a bifurcated trial. During the guilt phase, lead counsel must scrutinize forensic findings, cross-examine state witnesses, preserve constitutional jury rights, and enforce procedural protections, such as demanding a 12-person jury.
If a case reaches the penalty phase, lead counsel must deploy complex mental health mitigation, gather background testimony, and challenge the State’s proposed statutory aggravating circumstances. As highlighted in Windom v. State, the failure to properly investigate or present mitigation can fundamentally impair a capital defense, making the qualifications required by Rule 3.112 essential for safeguarding Sixth Amendment rights.
By meeting every prerequisite under Rule 3.112(f)—including extensive trial experience, expert witness proficiency, and ongoing capital CLE training—Mr. Genova provides capital representation throughout Florida.
Key Takeaways for Practice
Are you or a loved one facing a capital charge or serious felony prosecution? Our criminal defense attorneys in Lakeland can explain your options and begin building your defense right away.
Anthony Meehan Genova, Esq., B.C.S., is a legal professional specializing in family law, particularly known for his extensive experience in trial and his commitment to community service. He has physical offices in Lakeland and Orlando as well as a remote office in Weston, Florida. He graduated from the University of Miami Law School in 1986 and won his first murder trial in 1987.
Mr. Genova is Board Certified in Marital & Family Law. This certification, widely regarded as the “gold standard” for Florida lawyers, signifies Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law. The Board Certification program, overseen by The Florida Supreme Court and administered by The Florida Bar, rigorously evaluates all board-certified lawyers for credibility, expertise, professionalism, and ethics.
To achieve this esteemed certification, Mr. Genova demonstrated a dedication to achieving a heightened level of excellence through character, professionalism, ethics, and credibility. The rigorous process requires at least five years of practice, substantial involvement in the chosen area, successful passing of a comprehensive examination, and a rigorous peer-review process. Additionally, board-certified lawyers must satisfy continuing legal education requirements that are more robust than those for general licensure. This certification is valid for five years and requires continued practice and attendance of Florida Bar-approved continuing legal education courses for recertification. As of 2023, only 260 lawyers in Florida (less than 1% of the 114,000 eligible Florida Bar members) have earned board certification in Marital and Family Law. Clients retaining a board-certified lawyer like Mr. Genova gain access to specialized expertise, professionalism & ethics, credibility, and a heightened dedication to excellence, offering assurance of a heightened level of proficiency in Marital & Family Law.
In addition to his board certification, Mr. Genova has been a Supreme Court Certified Marital & Family Law Mediator since 2019.
Mr. Genova is also trained in Collaborative family law since 2017.
He has been a dedicated member of the Executive Council of the Family Law Section of the Florida Bar since 2016. His significant involvement within this section includes various leadership and committee roles, demonstrating a deep engagement with the evolution and practice of family law. Mr. Genova is currently the 2025-26 Chairman of the Domestic Violence Committee and has a “Stand Your Ground” article published in the September/October 2026 Florida Bar Journal.
Anthony Genova is Qualified to be Lead Counsel in Defense of Individuals Facing the Death Penalty.
Mr. Genova is a partner with Anthony J. Caggiano, Esq., B.C.S. who is Board Certified in Civil Trial and specializes in personal injury and medical malpractice. Mr. Caggiano’s office is in downtown Orlando.