Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for HB 701
       
       
       
       
       
       
                                Barcode 653972                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/R/2R          .        Floor: SENA1/RC         
             03/08/2012 05:00 PM       .      03/07/2012 05:37 PM       
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 20 and 21
    4  insert:
    5         Section 2. Section 90.4023, Florida Statutes, is created to
    6  read:
    7         90.4023 Admissibility of evidence obtained from a cellular
    8  telephone.—Except when permitted by s. 12, Art. I of the State
    9  Constitution or with the written permission by the owner of the
   10  device, evidence obtained through the warrantless search of a
   11  cellular telephone or other electronic device is inadmissible.
   12  
   13  ================= T I T L E  A M E N D M E N T ================
   14  And the title is amended as follows:
   15  
   16         Delete line 5
   17  and insert:
   18         unavailability is not excluded as hearsay; creating s.
   19         90.4023, F.S.; providing that, except under certain
   20         specified circumstances, evidence obtained through the
   21         warrantless search of a cellular telephone or other
   22         electronic device is inadmissible in a court of law;
   23         providing