Florida Senate - 2024                   (PROPOSED BILL) SPB 7068
       
       
        
       FOR CONSIDERATION By the Appropriations Committee on Criminal
       and Civil Justice
       
       
       
       
       604-03244-24                                          20247068pb
    1                        A bill to be entitled                      
    2         An act relating to pretrial detention hearings;
    3         amending s. 907.041, F.S.; authorizing a court to base
    4         an order of pretrial detention solely on hearsay;
    5         making technical changes; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraphs (j) through (m) of subsection (5) of
   10  section 907.041, Florida Statutes, are redesignated as
   11  paragraphs (k) through (n), respectively, paragraph (i) of that
   12  subsection is amended, and a new paragraph (j) is added to that
   13  subsection, to read:
   14         907.041 Pretrial detention and release.—
   15         (5) PRETRIAL DETENTION.—
   16         (i) The defendant is entitled to be represented by counsel,
   17  to present witnesses and evidence, and to cross-examine
   18  witnesses. The rules concerning admissibility of evidence in
   19  criminal trials do not apply to the presentation and
   20  consideration of evidence at the detention hearing, and the
   21  court may base an order of pretrial detention solely on
   22  hearsay., but Evidence secured in violation of the United States
   23  Constitution or the Constitution of the State of Florida shall
   24  not be admissible.
   25         (j) The defendant is entitled to be represented by counsel,
   26  to present witnesses and evidence, and to cross-examine
   27  witnesses. No testimony by the defendant shall be admissible to
   28  prove guilt at any other judicial proceeding, but such testimony
   29  may be admitted in an action for perjury, based upon the
   30  defendant’s statements made at the pretrial detention hearing,
   31  or for impeachment.
   32         Section 2. This act shall take effect upon becoming a law.