HB 109 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0109-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to prohibiting deception in 2
interrogations of minors; creating s. 985.0302, F.S.; 3
providing definitions; creating a presumption that a 4
confession of a minor during a custodial interrogation 5
is inadmissible in certain proceedings if a law 6
enforcement officer knowingly engaged in deception; 7
providing for a rebuttal of the presumption in certain 8
circumstances; specifying the burden of proof to 9
overcome such a presumption; providing an effective 10
date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Section 985.0302, Florida Statutes, is created 15
to read: 16
985.0302 Prohibition of deceptive tactics. — 17
(1) As used in this section, the term: 18
(a) "Custodial interrogation" means any interrogation 19
during which a reasonable person in the subject's position would 20
consider himself or herself to be in custody and during which a 21
question is asked that is reasonably likely to elicit an 22
incriminating response. 23
(b) "Deception" means the knowing communication of false 24
facts about evidence or unauthorized statements regarding 25
HB 109 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0109-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
leniency by a law enforcement officer to a subject of custodial 26
interrogation. 27
(c) "Place of detenti on" means a police station or other 28
building that is a place of operation for a police department, 29
county sheriff department, or other law enforcement agency at 30
which persons are or may be held in detention in connection with 31
criminal charges against those persons or allegations that those 32
persons are delinquent minors. 33
(2) An oral, written, or sign language confession of a 34
minor, who at the time of the commission of the offense was 35
under 18 years of age, made as a result of a custodial 36
interrogation conducted at a place of detention on or after July 37
1, 2022, shall be presumed to be inadmissible as evidence 38
against the minor making the confession in a criminal proceeding 39
or a juvenile court proceeding for an act that if committed by 40
an adult would be a mis demeanor or felony offense if, during the 41
custodial interrogation, a law enforcement officer knowingly 42
engages in deception. 43
(3) The presumption of inadmissibility of a confession of 44
a minor, who at the time of the commission of the offense was 45
under 18 years of age, at a custodial interrogation at a place 46
of detention, when such confession is procured through the 47
knowing use of deception, may be overcome by a preponderance of 48
the evidence that the confession was voluntary, based on the 49
totality of the circumstances. 50
HB 109 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0109-00
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) The burden of going forward with the evidence and the 51
burden of proving that a confession was voluntary shall be on 52
the state. Objection to the failure of the state to call all 53
material witnesses on the issue of whether the confession wa s 54
voluntary must be made in the trial court. 55
Section 2. This act shall take effect July 1, 2022. 56