HB 13A 2025A
CODING: Words stricken are deletions; words underlined are additions.
hb13a-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 combatting illegal immigration; 2
amending s. 907.041, F.S.; requiring the presumption 3
that no conditions of release will secure the 4
appearance at trial of an unauthorized alien; 5
requiring the state attorney or the court to move for 6
pretrial detention if the court makes certain 7
determinations; authorizing defendants to rebut the 8
presumption; providing for severability; providing an 9
effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Present paragraphs (f) through (n) of 14
subsection (5) of section 907.041, Florida Statutes, are 15
redesignated as paragraphs (g) through (o), respectively, and a 16
new paragraph (f) is added to that subsection, to read: 17
907.041 Pretrial detention and release. — 18
(5) PRETRIAL DETENTION. — 19
(f) It shall be presumed that no conditions of release 20
will secure the appearance at trial of an unauthorized alien as 21
defined in s. 908.111. If a court determines that there is 22
probable cause to believe that the defendant committed the 23
offense and the court further determines by a preponderance of 24
the evidence that the defendant is an unauthorized alien as 25
HB 13A 2025A
CODING: Words stricken are deletions; words underlined are additions.
hb13a-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
defined in s. 908.111, the state attorney , or the court on its 26
own motion, must move for pretrial detention. The defendant may 27
rebut the presumption by demonstrating, by a preponderance of 28
the evidence, that adequate conditions of release will secure 29
the appearance of the defendant at trial. 30
Section 2. If any provision of this act or its application 31
to any person or circumstance is held invalid, the invalidity 32
does not affect other provisions or applications of this act 33
which can be given effect without the invalid provisions or 34
application, and to this end the provisions of this act are 35
severable. 36
Section 3. This act shall take effect upon becoming a law. 37