Florida Senate - 2025                                    SB 1814
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00705A-25                                          20251814__
    1                        A bill to be entitled                      
    2         An act relating to custodial interrogations of minors;
    3         creating s. 900.06, F.S.; defining the term “custodial
    4         interrogation”; authorizing a law enforcement officer
    5         or school employee to conduct a custodial
    6         interrogation of a minor only under specified
    7         circumstances; providing a nonwaivable right;
    8         providing an exception; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 900.06, Florida Statutes, is created to
   13  read:
   14         900.06 Custodial interrogations of minors.—
   15         (1) As used in this section, the term “custodial
   16  interrogation” means questioning or other conduct by a law
   17  enforcement officer or school employee which is reasonably
   18  likely to elicit an incriminating response from an individual
   19  and which occurs under circumstances in which a reasonable
   20  individual in the same circumstances would consider himself or
   21  herself to be in custody and not free to leave.
   22         (2) A law enforcement officer or a school employee may
   23  conduct a custodial interrogation of a minor only if:
   24         (a) The minor has consulted with a parent or legal guardian
   25  or legal counsel. This right may not be waived by the minor or
   26  by anyone else on behalf of the minor; and
   27         (b) The custodial interrogation is video and audio
   28  recorded.
   29         (3) The requirement of paragraph (2)(a) does not apply if a
   30  law enforcement officer or school employee can demonstrate, and
   31  the law enforcement officer’s or school employee’s supervisor
   32  agrees in writing, that there is imminent harm or imminent
   33  danger to the minor or another individual.
   34         Section 2. This act shall take effect July 1, 2025.