Florida Senate - 2025                                     SB 2-A
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00020-25A                                            20252A__
    1                        A bill to be entitled                      
    2         An act relating to combatting illegal immigration;
    3         amending s. 907.041, F.S.; requiring the presumption
    4         that no conditions of release will secure the
    5         appearance at trial of an unauthorized alien;
    6         requiring the state attorney or the court to move for
    7         pretrial detention if the court makes certain
    8         determinations; authorizing defendants to rebut the
    9         presumption; providing for severability; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present paragraphs (f) through (n) of subsection
   15  (5) of section 907.041, Florida Statutes, are redesignated as
   16  paragraphs (g) through (o), respectively, and a new paragraph
   17  (f) is added to that subsection, to read:
   18         907.041 Pretrial detention and release.—
   19         (5) PRETRIAL DETENTION.—
   20         (f) It shall be presumed that no conditions of release will
   21  secure the appearance at trial of an unauthorized alien as
   22  defined in s. 908.111. If a court determines that there is
   23  probable cause to believe that the defendant committed the
   24  offense and the court further determines by a preponderance of
   25  the evidence that the defendant is an unauthorized alien as
   26  defined in s. 908.111, the state attorney, or the court on its
   27  own motion, must move for pretrial detention. The defendant may
   28  rebut the presumption by demonstrating, by a preponderance of
   29  the evidence, that adequate conditions of release will secure
   30  the appearance of the defendant at trial.
   31         Section 2. If any provision of this act or its application
   32  to any person or circumstance is held invalid, the invalidity
   33  does not affect other provisions or applications of this act
   34  which can be given effect without the invalid provisions or
   35  application, and to this end the provisions of this act are
   36  severable.
   37         Section 3. This act shall take effect upon becoming a law.