Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 168
       
       
       
       
       
       
                                Ì706764@Î706764                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Rodriguez) recommended the
       following:
       
    1         Senate Amendment to Amendment (246112) (with title
    2  amendment)
    3  
    4         Delete lines 87 - 167
    5  and insert:
    6         (1) Except as otherwise expressly prohibited by federal
    7  law, a state entity, local governmental entity, or law
    8  enforcement agency may not prohibit or in any way restrict
    9  another state entity, local governmental entity, or law
   10  enforcement agency from taking any of the following actions with
   11  respect to information regarding a person’s immigration status:
   12         (a) Sending the information to or requesting, receiving, or
   13  reviewing the information from a federal immigration agency for
   14  purposes of this chapter.
   15         (b) Recording and maintaining the information for purposes
   16  of this chapter.
   17         (c) Exchanging the information with a federal immigration
   18  agency or another state entity, local governmental entity, or
   19  law enforcement agency for purposes of this chapter.
   20         (d) Using the information to determine eligibility for a
   21  public benefit, service, or license pursuant to federal or state
   22  law or an ordinance or regulation of a local governmental
   23  entity.
   24         (e) Using the information to verify a claim of residence or
   25  domicile if a determination of residence or domicile is required
   26  under federal or state law, an ordinance or regulation of a
   27  local governmental entity, or a judicial order issued pursuant
   28  to a civil or criminal proceeding in this state.
   29         (f) Using the information to comply with an immigration
   30  detainer.
   31         (g) Using the information to confirm the identity of a
   32  person who is detained by a law enforcement agency.
   33         (2)(a) For purposes of this subsection the term “applicable
   34  criminal case” means a criminal case in which:
   35         1. The judgment requires the defendant to be confined in a
   36  secure correctional facility; and
   37         2. The judge:
   38         a. Indicates in the record under s. 908.204 that the
   39  defendant is subject to an immigration detainer; or
   40         b. Otherwise indicates in the record that the defendant is
   41  subject to a transfer into federal custody.
   42         (b) In an applicable criminal case, at the time of
   43  pronouncement of a sentence of confinement, the judge shall
   44  issue an order requiring the secure correctional facility in
   45  which the defendant is to be confined to reduce the defendant’s
   46  sentence by a period of not more than 7 days on the facility’s
   47  determination that the reduction in sentence will facilitate the
   48  seamless transfer of the defendant into federal custody. For
   49  purposes of this paragraph, the term “secure correctional
   50  facility” means a state correctional institution as defined in
   51  s. 944.02 or a county detention facility or a municipal
   52  detention facility as defined in s. 951.23.
   53         (c) If the information specified in sub-subparagraph
   54  (a)2.a. or sub-subparagraph (a)2.b. is not available at the time
   55  the sentence is pronounced in the case, the judge shall issue
   56  the order described by paragraph (b) as soon as the information
   57  becomes available.
   58         (3) When a law enforcement agency receives verification
   59  from a federal immigration agency that an alien in the law
   60  enforcement agency’s custody is unlawfully present in the United
   61  States, the agency may securely transport the alien to a federal
   62  facility in this state or to another point of transfer to
   63  federal custody outside the jurisdiction of the law enforcement
   64  agency. However, the law enforcement agency may transport an
   65  alien who is confined in a secure correctional facility only
   66  upon authorization by a court order unless the transportation
   67  will occur within the 7 day period under subsection (2). A law
   68  enforcement agency shall obtain judicial authorization before
   69  securely transporting an alien to a point of transfer outside of
   70  this state.
   71         (4) This section does not require a state entity, local
   72  governmental entity, or law enforcement agency to provide a
   73  federal immigration agency with information related to a victim
   74  of or a witness to a criminal offense if the victim or witness
   75  timely and in good faith responds to the entity’s or agency’s
   76  request for information and cooperation in the investigation or
   77  prosecution of the offense.
   78         (5) A state entity, local governmental entity, or law
   79  enforcement agency that, pursuant to subsection (4), withholds
   80  
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete lines 285 - 289
   84  and insert:
   85         definitions; prohibiting certain restrictions by state
   86         entities, local governmental entities, and law
   87         enforcement agencies on taking