Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. HB 7067
       
       
       
       
       
       
                                Ì137798jÎ137798                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             03/05/2024 02:08 PM       .      03/07/2024 05:40 PM       
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (j) through (m) of subsection (5) of
    6  section 907.041, Florida Statutes, are redesignated as
    7  paragraphs (k) through (n), respectively, paragraph (i) of that
    8  subsection is amended, and a new paragraph (j) is added to that
    9  subsection, to read:
   10         907.041 Pretrial detention and release.—
   11         (5) PRETRIAL DETENTION.—
   12         (i) The defendant is entitled to be represented by counsel,
   13  to present witnesses and evidence, and to cross-examine
   14  witnesses. The rules concerning admissibility of evidence in
   15  criminal trials do not apply to the presentation and
   16  consideration of evidence at the detention hearing. The court
   17  may base an order of pretrial detention under paragraph (d)
   18  solely on hearsay., but Evidence secured in violation of the
   19  United States Constitution or the Constitution of the State of
   20  Florida shall not be admissible.
   21         (j) The defendant is entitled to be represented by counsel,
   22  to present witnesses and evidence, and to cross-examine
   23  witnesses. No testimony by the defendant shall be admissible to
   24  prove guilt at any other judicial proceeding, but such testimony
   25  may be admitted in an action for perjury, based upon the
   26  defendant’s statements made at the pretrial detention hearing,
   27  or for impeachment.
   28         Section 2. This act shall take effect upon becoming a law.
   29  
   30  ================= T I T L E  A M E N D M E N T ================
   31  And the title is amended as follows:
   32         Delete everything before the enacting clause
   33  and insert:
   34                        A bill to be entitled                      
   35         An act relating to pretrial detention hearings;
   36         amending s. 907.041, F.S.; authorizing a court to base
   37         certain orders of pretrial detention solely on
   38         hearsay; making technical changes; providing an
   39         effective date.