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FL S1766
Bill
AI Summary
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Law enforcement officers would be required to issue a notice to appear, rather than make a custodial arrest, for traffic violations and nonviolent second-degree misdemeanors when the person verifies their identity, poses no obvious threat, and has no safety-risking health issues, with a court appearance scheduled within 21 days
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Defendants not charged with felony offenses would be presumed entitled to release without monetary bail and must be released within 48 hours of arrest if otherwise eligible for pretrial release
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Before setting monetary bail, courts would be required to conduct an inquiry into the defendant's ability to pay and must find on the record that no nonmonetary conditions would ensure court appearance, and that the bail amount is not oppressive given the defendant's financial resources
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All defendants released pretrial would be enrolled in e-Notify, the state's court event notification system, and courts would be required to issue an arrest order if there is probable cause a defendant on pretrial release committed a qualifying offense under s. 775.084(1)(b)1
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The definition of "dangerous crime" for pretrial detention purposes would be limited to felony violations only, and the pretrial detention policy language would be narrowed from "serious criminal offenses" to "serious felony offenses," with an effective date of July 1, 2022
Legislative Description
Conditions of Pretrial Release
Last Action
Died in Judiciary
3/14/2022