Florida Senate - 2024                                    SB 1598
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01589-24                                           20241598__
    1                        A bill to be entitled                      
    2         An act relating to immigration and immigrants;
    3         providing a short title; providing legislative intent;
    4         amending s. 117.107, F.S.; prohibiting notary publics
    5         from using specified terms to describe themselves in
    6         certain circumstances; repealing s. 395.3027, F.S.,
    7         relating to patient immigration status data collection
    8         by hospitals; amending s. 402.307, F.S.; specifying
    9         that a child’s immigration status may not be a reason
   10         for denying licensure of a child-caring agency;
   11         amending s. 448.095, F.S.; deleting a requirement that
   12         certain private employers use the E-Verify system to
   13         verify a new employee’s eligibility to work; deleting
   14         a requirement that an employer discontinue employing a
   15         person after learning that the person is or has become
   16         an unauthorized alien; revising requirements for
   17         public agency contracting; amending s. 760.01, F.S.;
   18         adding freedom from discrimination because of
   19         immigration status to the purposes of the Florida
   20         Civil Rights Act of 1992; requiring the state and its
   21         political subdivisions to accept identification
   22         documents issued by certain entities; requiring the
   23         Department of Commerce to establish criteria for a
   24         specified program relating to identification
   25         documents; amending s. 454.021, F.S.; deleting
   26         provisions relating to licenses to practice law for
   27         certain unauthorized immigrants; deleting the future
   28         repeal of specified provisions; providing that, unless
   29         required by federal law, a person’s immigration status
   30         alone may not determine the person’s ability to obtain
   31         professional or occupational licenses in the state;
   32         repealing s. 787.07, F.S., relating to human
   33         smuggling; amending s. 908.11, F.S.; prohibiting law
   34         enforcement agencies from entering into or renewing
   35         certain agreements with the United States Immigration
   36         and Customs Enforcement; revising a reporting
   37         requirement; amending s. 908.102, F.S.; providing and
   38         revising definitions; repealing s. 908.103, F.S.,
   39         relating to a prohibition on sanctuary policies;
   40         amending s. 908.104, F.S.; deleting provisions
   41         relating to support of federal immigration law by law
   42         enforcement agencies; revising the definition of the
   43         term “applicable criminal case”; revising provisions
   44         concerning cooperation with federal immigration
   45         authorities by correctional facilities; repealing s.
   46         908.105, F.S., relating to duties of law enforcement
   47         agencies related to immigration detainers; repealing
   48         s. 908.106, F.S., relating to reimbursement of costs
   49         of housing certain persons subject to immigration
   50         detainers; amending s. 908.107, F.S.; providing for
   51         the award of damages for certain violations; deleting
   52         provisions concerning violations of provisions
   53         relating to sanctuary policies; repealing s. 908.111,
   54         F.S., relating to a prohibition against governmental
   55         entity contracts with common carriers; creating s.
   56         908.112, F.S.; specifying duties of certain officials
   57         concerning certification of certain activities in
   58         support of visa applications; providing a rebuttable
   59         presumption; creating s. 908.113, F.S.; prohibiting
   60         certain persons from offering certain services
   61         concerning assistance in immigration matters;
   62         requiring certain persons and businesses offering
   63         immigration assistance to make a required disclosure;
   64         providing exceptions; amending s. 943.325, F.S.;
   65         revising provisions relating to collection of DNA
   66         samples from persons held on immigration detainers;
   67         amending s. 1002.31, F.S.; providing for preferential
   68         treatment in controlled open enrollment to specified
   69         children; amending s. 1003.21, F.S.; specifying that
   70         the immigration status of certain children does not
   71         affect access to public schools; amending s. 1009.26,
   72         F.S.; revising requirements for certain fee waivers;
   73         amending s. 1009.40, F.S.; providing that a student
   74         may not be denied classification as a resident for
   75         purposes of receiving state financial aid awards based
   76         solely upon his or her immigration status if certain
   77         requirements are met; amending ss. 456.074, 480.041,
   78         480.043, 775.30, 794.056, 921.0022, and 938.085, F.S.;
   79         conforming provisions to changes made by the act;
   80         providing effective dates.
   81          
   82  Be It Enacted by the Legislature of the State of Florida:
   83  
   84         Section 1. (1)This act may be cited as the “Welcoming
   85  Florida Act.”
   86         (2)It is the intent of the Legislature to show that
   87  although the administration of immigration is exceedingly
   88  complex and regulating immigration is the role of the Federal
   89  Government, Florida should do its part by welcoming, valuing,
   90  and upholding the dignity of all immigrants who call the
   91  Sunshine State home.
   92         Section 2. Subsection (13) is added to section 117.107,
   93  Florida Statutes, to read:
   94         117.107 Prohibited acts.—
   95         (13)A notary public, who does not hold an active license
   96  to practice law in a state of the United States and is not
   97  otherwise permitted to practice law or represent others under
   98  federal law in an immigration matter, may not use the term
   99  notario publico, notario, immigration assistant, immigration
  100  consultant, immigration specialist, or any other designation or
  101  title, in any language, which conveys or implies that he or she
  102  possesses professional legal skills in immigration law, when
  103  advertising his or her notary public services.
  104         Section 3. Section 395.3027, Florida Statutes, is repealed.
  105         Section 4. Subsection (6) is added to section 402.307,
  106  Florida Statutes, to read:
  107         402.307 Approval of licensing agency.—
  108         (6)The immigration status of a child, whether
  109  unaccompanied or otherwise, including unaccompanied alien
  110  children, may not be a reason a prospective or established
  111  licensed child-caring agency is denied a license or license
  112  renewal.
  113         Section 5. Subsection (2), paragraph (a) of subsection (4),
  114  subsection (5), and paragraph (a) of subsection (6) of section
  115  448.095, Florida Statutes, are amended to read:
  116         448.095 Employment eligibility.—
  117         (2) EMPLOYMENT VERIFICATION.—
  118         (a) An employer shall verify each new employee’s employment
  119  eligibility within 3 business days after the first day that the
  120  new employee begins working for pay as required under 8 C.F.R.
  121  s. 274a.
  122         (b)1. A public agency shall use the E-Verify system to
  123  verify a new employee’s employment eligibility as required under
  124  paragraph (a).
  125         2.Beginning on July 1, 2023, a private employer with 25 or
  126  more employees shall use the E-Verify system to verify a new
  127  employee’s employment eligibility as required under paragraph
  128  (a).
  129         2.3. Each employer required to use the E-Verify system
  130  under this paragraph must certify on its first return each
  131  calendar year to the tax service provider that it is in
  132  compliance with this section when making contributions to or
  133  reimbursing the state’s unemployment compensation or
  134  reemployment assistance system. An employer that voluntarily
  135  uses the E-Verify system may also make such a certification on
  136  its first return each calendar year in order to document such
  137  use.
  138         (c) If the E-Verify system is unavailable for 3 business
  139  days after the first day that the new employee begins working
  140  for pay and an employer cannot access the system to verify a new
  141  employee’s employment eligibility, the employer must use the
  142  Employment Eligibility Verification form (Form I-9) to verify
  143  employment eligibility. The unavailability of the E-Verify
  144  system does not bar the employer from using the rebuttable
  145  presumption established in paragraph (4)(a). An employer must
  146  document the unavailability of the E-Verify system by retaining
  147  a screenshot from each day which shows the employer’s lack of
  148  access to the system, a public announcement that the E-Verify
  149  system is not available, or any other communication or notice
  150  recorded by the employer regarding the unavailability of the
  151  system.
  152         (d) The employer must retain a copy of the documentation
  153  provided and any official verification generated, if applicable,
  154  for at least 3 years.
  155         (e)An employer may not continue to employ an unauthorized
  156  alien after obtaining knowledge that a person is or has become
  157  an unauthorized alien.
  158         (e)(f) An employee leasing company licensed under part XI
  159  of chapter 468 which enters into a written agreement or
  160  understanding with a client company which places the primary
  161  obligation for compliance with this section upon the client
  162  company is not required to verify employment eligibility of any
  163  new employees of the client company. In the absence of a written
  164  agreement or understanding, the employee leasing company is
  165  responsible for compliance with this section. Such employee
  166  leasing company shall, at all times, remain an employer as
  167  otherwise defined in federal laws or regulations.
  168         (4) DEFENSES.—
  169         (a) An employer that uses the E-Verify system or, if that
  170  system is unavailable, the Employment Eligibility Verification
  171  form (Form I-9) as provided in paragraph (2)(c), with respect to
  172  the employment of an unauthorized alien has established a
  173  rebuttable presumption that the employer has not violated s.
  174  448.09 with respect to such employment.
  175         (5) PUBLIC AGENCY CONTRACTING.—
  176         (a) A public agency must require in any contract that the
  177  contractor, and any subcontractor thereof, register with and use
  178  the E-Verify system or the Employment Eligibility Verification
  179  form (Form I-9) to verify the work authorization status of all
  180  new employees of the contractor or subcontractor. A public
  181  agency or a contractor or subcontractor thereof may not enter
  182  into a contract unless each party to the contract registers with
  183  and uses the E-Verify system.
  184         (b)If a contractor enters into a contract with a
  185  subcontractor, the subcontractor must provide the contractor
  186  with an affidavit stating that the subcontractor does not
  187  employ, contract with, or subcontract with an unauthorized
  188  alien. The contractor shall maintain a copy of such affidavit
  189  for the duration of the contract.
  190         (c)1.A public agency, contractor, or subcontractor who has
  191  a good faith belief that a person or an entity with which it is
  192  contracting has knowingly violated s. 448.09(1) shall terminate
  193  the contract with the person or entity.
  194         2.A public agency that has a good faith belief that a
  195  subcontractor knowingly violated this subsection, but the
  196  contractor otherwise complied with this subsection, shall
  197  promptly notify the contractor and order the contractor to
  198  immediately terminate the contract with the subcontractor.
  199         3.A contract terminated under this paragraph is not a
  200  breach of contract and may not be considered as such. If a
  201  public agency terminates a contract with a contractor under this
  202  paragraph, the contractor may not be awarded a public contract
  203  for at least 1 year after the date on which the contract was
  204  terminated. A contractor is liable for any additional costs
  205  incurred by a public agency as a result of the termination of a
  206  contract.
  207         (d)A public agency, contractor, or subcontractor may file
  208  a cause of action with a circuit or county court to challenge a
  209  termination under paragraph (c) no later than 20 calendar days
  210  after the date on which the contract was terminated.
  211         (6) COMPLIANCE.—
  212         (a) In addition to the requirements under s. 288.061(6),
  213  beginning on July 1, 2024, if the Department of Economic
  214  Opportunity determines that an employer failed to use the E
  215  Verify system or the Employment Eligibility Verification form
  216  (Form I-9) to verify the employment eligibility of employees as
  217  required under this section, the department must notify the
  218  employer of the department’s determination of noncompliance and
  219  provide the employer with 30 days to cure the noncompliance.
  220         Section 6. Subsection (2) of section 760.01, Florida
  221  Statutes, is amended to read:
  222         760.01 Purposes; construction; title.—
  223         (2) The general purposes of the Florida Civil Rights Act of
  224  1992 are to secure for all individuals within the state freedom
  225  from discrimination because of race, color, religion, sex,
  226  pregnancy, national origin, age, handicap, immigration status,
  227  or marital status and thereby to protect their interest in
  228  personal dignity, to make available to the state their full
  229  productive capacities, to secure the state against domestic
  230  strife and unrest, to preserve the public safety, health, and
  231  general welfare, and to promote the interests, rights, and
  232  privileges of individuals within the state.
  233         Section 7. (1)In order to encourage the safety of law
  234  enforcement, first responders, medical and hospital staff,
  235  children, school officials, and all residents of the state, the
  236  State of Florida will recognize and accept identification
  237  documents, including identification cards issued by
  238  municipalities, counties, other political subdivisions, and
  239  nongovernmental organizations that have been approved by
  240  municipalities, counties, and other political subdivisions.
  241         (2)The Department of Commerce shall establish criteria for
  242  participation in this program and will create a recurring grant
  243  for Fiscal Year 2024-2025 of $5 million from the General Revenue
  244  Fund to assist political subdivisions in the creation of their
  245  respective programs.
  246         Section 8. Effective upon this act becoming a law,
  247  subsection (3) of section 454.021, Florida Statutes, is amended
  248  to read:
  249         454.021 Attorneys; admission to practice law; Supreme Court
  250  to govern and regulate.—
  251         (3) Upon certification by the Florida Board of Bar
  252  Examiners that an applicant or petitioner who has fulfilled all
  253  requirements for admission to practice law in this state who is
  254  an unauthorized immigrant who was brought to the United States
  255  as a minor; has been present in the United States for more than
  256  10 years; has received documented employment authorization from
  257  the United States Citizenship and Immigration Services (USCIS);
  258  has been issued a social security number; if a male, has
  259  registered with the Selective Service System if required to do
  260  so under the Military Selective Service Act, 50 U.S.C. App. 453;
  261  and has fulfilled all requirements for admission to practice law
  262  in this state, the Supreme Court of Florida may admit that
  263  applicant or petitioner, regardless of his or her immigration
  264  status, as an attorney at law authorized to practice in this
  265  state and may direct an order be entered upon the court’s
  266  records to that effect.
  267         Section 9. Section 8 of chapter 2023-40, Laws of Florida,
  268  is repealed.
  269         Section 10. Notwithstanding any other law, and unless
  270  required by federal law, a person’s immigration status alone
  271  shall not determine the person’s ability to obtain a
  272  professional or occupational license in the state.
  273         Section 11. Section 787.07, Florida Statutes, is repealed.
  274         Section 12. Section 908.11, Florida Statutes, is amended to
  275  read:
  276         908.11 Immigration enforcement assistance agreements;
  277  reporting requirement.—
  278         (1) By July January 1, 2024 2023, a each law enforcement
  279  agency operating a county detention facility may not must enter
  280  into or renew a written agreement with the United States
  281  Immigration and Customs Enforcement to participate in the
  282  immigration program established under s. 287(g) of the
  283  Immigration and Nationality Act, 8 U.S.C. s. 1357. This
  284  subsection does not require a law enforcement agency to
  285  participate in a particular program model.
  286         (2) Beginning no later than May 1, 2025, any October 1,
  287  2022, and until the law enforcement agency that has such an
  288  agreement enters into the written agreement required under
  289  subsection (1), each law enforcement agency operating a county
  290  detention facility must notify the Department of Law Enforcement
  291  as to the status of any active or pending agreement quarterly of
  292  the status of such written agreement and any reason for
  293  noncompliance with this section, if applicable.
  294         Section 13. Section 908.102, Florida Statutes, is amended
  295  to read:
  296         908.102 Definitions.—As used in this chapter, the term:
  297         (1)“Certification form” means the certification of a Form
  298  I-918, Supplement B, U Nonimmigrant Status Certification as
  299  required by 8 U.S.C. s. 1184(p).
  300         (2)“Certifying agency” means a state or local law
  301  enforcement agency, a prosecutor, a judge, or any other
  302  governmental agency that has criminal, civil, administrative
  303  investigative, or prosecutorial authority.
  304         (3)“Certifying official” means any of the following:
  305         (a)The head of the certifying agency.
  306         (b)A person in a supervisory role who has been
  307  specifically designated by the head of the certifying agency to
  308  issue Form I-918 Supplement B certifications on behalf of that
  309  agency.
  310         (c)A judge.
  311         (d)Any other certifying official described in 8 C.F.R. s.
  312  214.14(a)(3).
  313         (4)(1) “Federal immigration agency” means the United States
  314  Department of Justice and the United States Department of
  315  Homeland Security, a division within such an agency, including
  316  United States Immigration and Customs Enforcement and United
  317  States Customs and Border Protection, any successor agency, and
  318  any other federal agency charged with the enforcement of
  319  immigration law.
  320         (5)(2) “Immigration detainer” means a written or electronic
  321  request issued by a federal immigration agency using the federal
  322  agency’s official form, such as a Form I-200 Warrant for Arrest
  323  of Alien or a Form I-205 Warrant of Removal/Deportation, which
  324  is accompanied by a warrant signed by a judge to request that a
  325  state, local, federal, or military law enforcement agency detain
  326  a person for an additional 48 hours after the person would
  327  otherwise be released pursuant to charges being disposed of
  328  through a finding of guilty or not guilty; when charges have
  329  been dropped; when bail has been secured; or when a convicted
  330  person has served his or her sentence a facially sufficient
  331  written or electronic request issued by a federal immigration
  332  agency using that agency’s official form to request that another
  333  law enforcement agency detain a person based on probable cause
  334  to believe that the person to be detained is a removable alien
  335  under federal immigration law, including detainers issued
  336  pursuant to 8 U.S.C. ss. 1226 and 1357 along with a warrant
  337  described in paragraph (c). For purposes of this subsection, an
  338  immigration detainer is deemed facially sufficient if:
  339         (a)The federal immigration agency’s official form is
  340  complete and indicates on its face that the federal immigration
  341  official has probable cause to believe that the person to be
  342  detained is a removable alien under federal immigration law; or
  343         (b)The federal immigration agency’s official form is
  344  incomplete and fails to indicate on its face that the federal
  345  immigration official has probable cause to believe that the
  346  person to be detained is a removable alien under federal
  347  immigration law, but is supported by an affidavit, order, or
  348  other official documentation that indicates that the federal
  349  immigration agency has probable cause to believe that the person
  350  to be detained is a removable alien under federal immigration
  351  law; and
  352         (c)The federal immigration agency supplies with its
  353  detention request a Form I-200 Warrant for Arrest of Alien or a
  354  Form I-205 Warrant of Removal/Deportation or a successor warrant
  355  or other warrant authorized by federal law.
  356         (6)(3) “Inmate” means a person in the custody of a law
  357  enforcement agency.
  358         (7)(4) “Law enforcement agency” means an agency in this
  359  state charged with enforcement of state, county, municipal, or
  360  federal laws or with managing custody of detained persons in
  361  this state and includes municipal police departments, sheriffs’
  362  offices, state police departments, state university and college
  363  police departments, county correctional agencies, and the
  364  Department of Corrections.
  365         (8)(5) “Local governmental entity” means any county,
  366  municipality, or other political subdivision of this state.
  367         (9)“Petitioner” means a person who requests a
  368  certification, including indirect and bystander victims.
  369         (10)“Qualifying criminal activity” means an offense for
  370  which the elements are substantially similar to an offense
  371  described in 8 U.S.C. s. 1101(a)(15)(U)(iii) or the attempt,
  372  solicitation, or conspiracy to commit such an offense.
  373  Qualifying criminal activity pursuant to s. 1011(a)(15)(U)(iii)
  374  of the Immigration and Nationality Act includes, but is not
  375  limited to, the following crimes:
  376         (a)Rape.
  377         (b)Torture.
  378         (c)Human trafficking.
  379         (d)Incest.
  380         (e)Domestic violence.
  381         (f)Sexual assault.
  382         (g)Abusive sexual contact.
  383         (h)Prostitution.
  384         (i)Sexual Exploitation.
  385         (j)Female genital mutilation.
  386         (k)Being held hostage.
  387         (l)Peonage.
  388         (m)Perjury.
  389         (n)Involuntary servitude.
  390         (o)Slavery.
  391         (p)Kidnapping.
  392         (q)Abduction.
  393         (r)Unlawful criminal restraint.
  394         (s)False imprisonment.
  395         (t)Blackmail.
  396         (u)Extortion.
  397         (v)Manslaughter.
  398         (w)Murder.
  399         (x)Felonious assault.
  400         (y)Witness tampering.
  401         (z)Obstruction of justice.
  402         (aa)Fraud in foreign labor contracting.
  403         (bb)Stalking.
  404         (6)“Sanctuary policy” means a law, policy, practice,
  405  procedure, or custom adopted or allowed by a state entity or
  406  local governmental entity which prohibits or impedes a law
  407  enforcement agency from complying with 8 U.S.C. s. 1373 or which
  408  prohibits or impedes a law enforcement agency from communicating
  409  or cooperating with a federal immigration agency so as to limit
  410  such law enforcement agency in, or prohibit the agency from:
  411         (a)Complying with an immigration detainer;
  412         (b)Complying with a request from a federal immigration
  413  agency to notify the agency before the release of an inmate or
  414  detainee in the custody of the law enforcement agency;
  415         (c)Providing a federal immigration agency access to an
  416  inmate for interview;
  417         (d)Participating in any program or agreement authorized
  418  under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s.
  419  1357 as required by s. 908.11;
  420         (e)Providing a federal immigration agency with an inmate’s
  421  incarceration status or release date; or
  422         (f)Providing information to a state entity on the
  423  immigration status of an inmate or detainee in the custody of
  424  the law enforcement agency.
  425         (11)(7) “State entity” means the state or any office,
  426  board, bureau, commission, department, branch, division, or
  427  institution thereof, including institutions within the State
  428  University System and the Florida College System.
  429         Section 14. Section 908.103, Florida Statutes, is repealed.
  430         Section 15. Subsections (1) and (2), paragraphs (a) and (c)
  431  of subsection (3), and subsections (4) and (6) of section
  432  908.104, Florida Statutes, are amended to read:
  433         908.104 Cooperation with federal immigration authorities.—
  434         (1)A law enforcement agency shall use best efforts to
  435  support the enforcement of federal immigration law. This
  436  subsection applies to an official, representative, agent, or
  437  employee of the entity or agency only when he or she is acting
  438  within the scope of his or her official duties or within the
  439  scope of his or her employment.
  440         (2)Except as otherwise expressly prohibited by federal
  441  law, a state entity, local governmental entity, or law
  442  enforcement agency, or an employee, an agent, or a
  443  representative of the entity or agency, may not prohibit or in
  444  any way restrict a law enforcement agency from taking any of the
  445  following actions with respect to information regarding a
  446  person’s immigration status:
  447         (a)Sending the information to or requesting, receiving, or
  448  reviewing the information from a federal immigration agency for
  449  purposes of this chapter.
  450         (b)Recording and maintaining the information for purposes
  451  of this chapter.
  452         (c)Exchanging the information with a federal immigration
  453  agency or another state entity, local governmental entity, or
  454  law enforcement agency for purposes of this chapter.
  455         (d)Using the information to comply with an immigration
  456  detainer.
  457         (e)Using the information to confirm the identity of a
  458  person who is detained by a law enforcement agency.
  459         (f)Sending the applicable information obtained pursuant to
  460  enforcement of s. 448.095 to a federal immigration agency.
  461         (1)(a)(3)(a) For purposes of this subsection, the term
  462  “applicable criminal case” means a criminal case in which:
  463         1. The judgment requires the defendant to be confined in a
  464  secure correctional facility; and
  465         2. The judge:
  466         a.Indicates in the record under s. 908.105 that the
  467  defendant is subject to an immigration detainer; or
  468         b.Otherwise indicates in the record that the defendant is
  469  subject to a transfer into federal custody.
  470         (c) If the information specified in subparagraph (a)2. sub
  471  subparagraph (a)2.a. or sub-subparagraph (a)2.b. is not
  472  available at the time the sentence is pronounced in the case,
  473  but is received by a law enforcement agency afterwards, the law
  474  enforcement agency shall notify the judge who shall issue the
  475  order described by paragraph (b) as soon as the information
  476  becomes available.
  477         (2)(4)To ensure compliance with Title VI of the 1964 Civil
  478  Rights Act, when a county correctional facility or the
  479  Department of Corrections receives verification from a federal
  480  immigration agency that a person in its custody is subject to an
  481  immigration detainer is in the law enforcement agency’s custody,
  482  the agency must provide for a screening by a public defender in
  483  the person’s preferred language to determine if he or she is or
  484  has been a necessary witness or victim of a crime of domestic
  485  violence, rape, sexual exploitation, sexual assault, murder,
  486  manslaughter, assault, battery, human trafficking, kidnapping,
  487  false imprisonment, involuntary servitude, fraud in foreign
  488  labor contracting, blackmail, extortion, or witness tampering.
  489  If the public defender determines the person is a necessary
  490  witness or victim in an aforementioned act, the county
  491  correctional facility or the Department of Corrections may
  492  decline to comply with the federal immigration detainer.
  493  Otherwise, the county correctional facility or Department of
  494  Corrections may securely transport the person to a federal
  495  facility in this state or to another point of transfer to
  496  federal custody outside the jurisdiction of the law enforcement
  497  agency. The law enforcement agency may transfer a person who is
  498  subject to an immigration detainer and is confined in a secure
  499  correctional facility to the custody of a federal immigration
  500  agency not earlier than 12 days before his or her release date.
  501  A law enforcement agency shall obtain judicial authorization
  502  before securely transporting an alien to a point of transfer
  503  outside of this state.
  504         (4)(6) A state entity, local governmental entity, or law
  505  enforcement agency that, pursuant to subsection (3) (5),
  506  withholds information regarding the immigration information of a
  507  victim of or witness to a criminal offense shall document the
  508  victim’s or witness’s cooperation in the entity’s or agency’s
  509  investigative records related to the offense and shall retain
  510  the records for at least 10 years for the purpose of audit,
  511  verification, or inspection by the Auditor General.
  512         Section 16. Section 908.105, Florida Statutes, is repealed.
  513         Section 17. Section 908.106, Florida Statutes, is repealed.
  514         Section 18. Subsections (3) and (4) of section 908.107,
  515  Florida Statutes, are amended to read:
  516         908.107 Enforcement.—
  517         (3) A person or an entity may bring, in an appropriate
  518  state court, an action against any state or local law
  519  enforcement agency based on a violation of this chapter to
  520  recover for actual monetary loss from such a violation, or to
  521  receive $100,000 in liquidated damages for each such violation,
  522  whichever is greater, or both If a local governmental entity or
  523  local law enforcement agency violates this chapter, the court
  524  must enjoin the unlawful sanctuary policy. The court has
  525  continuing jurisdiction over the parties and subject matter and
  526  may enforce its orders with the initiation of contempt
  527  proceedings as provided by law.
  528         (4)An order approving a consent decree or granting an
  529  injunction must include written findings of fact that describe
  530  with specificity the existence and nature of the sanctuary
  531  policy that violates this chapter.
  532         Section 19. Section 908.111, Florida Statutes, is repealed.
  533         Section 20. Section 908.112, Florida Statutes, is created
  534  to read:
  535         908.112U-visa certification policy.—
  536         (1)Upon the request of a petitioner or a victim’s family
  537  member, a certifying official from a certifying agency shall
  538  certify victim helpfulness on the Form I-918 Supplement B
  539  certification when the victim was a victim of a qualifying
  540  criminal activity and has been helpful, is being helpful, or is
  541  likely to be helpful to the detection or investigation or
  542  prosecution of that qualifying criminal activity.
  543         (2)For purposes of determining helpfulness pursuant to
  544  subsection (1), there is a rebuttable presumption that a victim
  545  is helpful, has been helpful, or is likely to be helpful to the
  546  detection or investigation or prosecution of that qualifying
  547  criminal activity if the victim has not refused or failed to
  548  provide information and assistance reasonably requested by law
  549  enforcement.
  550         (3)The certifying official shall fully complete and sign
  551  the Form I-918 Supplement B certification and, regarding victim
  552  helpfulness, include specific details about the nature of the
  553  crime investigated or prosecuted and a detailed description of
  554  the victim’s helpfulness or likely helpfulness to the detection
  555  or investigation or prosecution of the criminal activity. The
  556  certifying agency may not consider any other factors in deciding
  557  whether to sign the certification form, except whether the
  558  victim was a victim of qualifying criminal activity and the
  559  victim’s helpfulness.
  560         (4)A current investigation or an arrest, the filing of
  561  charges, and a prosecution or conviction are not required for
  562  the victim to request and obtain the Form I-918 Supplement B
  563  certification from a certifying official.
  564         (5)A certifying official may only withdraw the
  565  certification if the victim refuses to provide information and
  566  assistance when reasonably requested.
  567         (6)(a)If a certifying official or agency denies
  568  certification under this section, the official or agency shall
  569  in writing notify the petitioner of the reason for the denial.
  570  The denial notification must contain the following information:
  571         1.An internal case number that allows the certifying
  572  agency to individually identify each certification request.
  573         2.The date of the denial.
  574         3.The reason for the denial must be of one of the
  575  following:
  576         a.Lack of qualifying criminal activity;
  577         b.Lack of helpfulness;
  578         c.Lack of jurisdiction over the certification request; or
  579         d.Other circumstances for which a certifying official or
  580  agency may lawfully deny a certification.
  581         (b)Upon receiving notice that a request for certification
  582  under this section is denied, a petitioner may provide
  583  supplemental information to the certifying agency and request
  584  that the certification denial be reviewed by the certifying
  585  agency.
  586         (c)A petitioner may submit a new request for
  587  certification, after a previous request is denied, to another
  588  certifying agency for processing if the previous certifying
  589  agency was involved in investigating the qualifying criminal
  590  activity.
  591         (d)A certification agency shall keep a copy of a denial
  592  notification for at least 3 years after the date of the
  593  notification.
  594         (7)(a)Except under circumstances in which there is good
  595  cause for delay, a certifying agency shall grant or deny a
  596  request for certification:
  597         1.Within 90 days after the date of the certification
  598  request; or
  599         2.Within 14 days after the date of the certification
  600  request if the victim is in removal proceedings.
  601         (b)If a certifying agency fails to respond within the
  602  statutory timeframe or refuses to certify that an applicant was
  603  a victim of qualifying criminal activity, the applicant may
  604  petition a circuit court to review the determination of the
  605  certifying agency within 30 days after such determination or
  606  within 30 days after the expiration of the statutory timeframe.
  607         (c) The circuit court shall conduct an evidentiary hearing
  608  on such petition within 30 days after the filing of the
  609  petition. Upon conducting a hearing and the circuit court being
  610  satisfied that the applicant having proven his or her
  611  eligibility for completion of a certification form by a
  612  preponderance of the evidence and the circuit court having found
  613  that the certifying agency’s refusal to sign was unreasonable, a
  614  circuit court judge may execute the certification form. In
  615  assessing the reasonableness of the certifying agency’s decision
  616  or failure to respond, the circuit court may consider whether
  617  the applicant has complied with the terms of this section and
  618  whether circumstances exist that would justify a deferral of a
  619  decision, including whether a certification would jeopardize an
  620  ongoing criminal investigation or prosecution or the safety of
  621  an individual, cause a suspect to flee or evade detection, or
  622  result in the destruction of evidence or whether the applicant’s
  623  cooperation is not complete. Upon finding that the certifying
  624  agency denied the application without a factual or legal
  625  justification or failed to respond to the applicant, the circuit
  626  court shall make an award of reasonable costs and attorney fees
  627  to a prevailing applicant. Such determination shall be without
  628  prejudice to any future proceeding premised upon a material
  629  change in circumstances.
  630         (d) Any petition filed under paragraph (b), along with the
  631  record of all hearings and all other pleadings, papers filed,
  632  and orders entered in connection with such petition, shall be
  633  kept under seal by the clerk unless otherwise ordered by the
  634  court.
  635         (8) Certifying agencies and certifying officials are
  636  prohibited from disclosing the immigration status of a victim or
  637  person requesting the Form I-918 Supplement B certification,
  638  except to comply with federal law or legal process or if
  639  authorized by the victim or person requesting the Form I-918
  640  Supplement B certification.
  641         (9) A certifying agency that receives a request for a Form
  642  I-918 Supplement B certification shall report to the Speaker of
  643  the House of Representatives, the President of the Senate, and
  644  the Governor on or before January 15, 2025, and annually
  645  thereafter, the number of victims who requested Form I-918
  646  Supplement B certifications from the agency, the number of those
  647  certification forms that were signed, the number of those
  648  certification forms that were denied, the number of pending
  649  certifications on the date of the report, and the reason for
  650  each denial.
  651         (10) A certifying official is immune from civil and
  652  criminal liability for, in good faith, certifying or denying
  653  certification under this section.
  654         (11) A certifying agency shall:
  655         (a) Designate a person or persons within the agency
  656  responsible for processing requests for certification under this
  657  section.
  658         (b) Develop written procedures for processing requests for
  659  certification under this section.
  660         (c) Establish a process for each certifying agency to train
  661  certifying officials and communicate with community-based
  662  organizations and faith-based service providers about this
  663  process.
  664         Section 21. Section 908.113, Florida Statutes, is created
  665  to read:
  666         908.113 Fraud protection.—
  667         (1) Persons, other than those licensed to practice law in a
  668  state of the United States or otherwise permitted to practice
  669  law or represent others under federal law in an immigration
  670  matter, are prohibited from engaging in the practice of law in
  671  an immigration matter for compensation.
  672         (2) Persons, other than those licensed to practice law in a
  673  state of the United States or otherwise permitted to practice
  674  law or represent others under federal law in an immigration
  675  matter, are prohibited from engaging in the following acts or
  676  practices for compensation:
  677         (a) Advising or assisting another person in determining the
  678  person’s legal or illegal status for the purpose of an
  679  immigration matter.
  680         (b) Selecting, assisting another in selecting, or advising
  681  another as to his or her answers on a government agency form or
  682  document in an immigration matter. However, a person who
  683  provides or offers to provide immigration assistance service may
  684  perform the following services:
  685         1. Completing a governmental agency form, requested by the
  686  customer and appropriate to the customer’s needs, only if the
  687  completion of that form does not involve a legal judgment for
  688  that particular matter.
  689         2. Transcribing responses to a governmental agency form
  690  that is related to an immigration matter, but not advising a
  691  customer as to his or her answers on those forms.
  692         3. Translating and interpreting information on forms for a
  693  customer and translating the customer’s answers to questions
  694  posed on those forms.
  695         4. Securing for the customer supporting documents currently
  696  in existence, such as birth and marriage certificates, which may
  697  be needed to be submitted with governmental agency forms.
  698         5. Translating documents from any language into English.
  699         6. Notarizing signatures on government agency forms, if the
  700  person performing the service is a notary public of the State of
  701  Florida.
  702         7. Making referrals, without fee, to an attorney who could
  703  undertake legal representation for a person in an immigration
  704  matter.
  705         8. Preparing or arranging for the preparation of
  706  photographs and fingerprints.
  707         9. Arranging for the performance of medical testing,
  708  including X-rays and AIDS tests, and obtaining the results of
  709  such test.
  710         10. Conducting English language and civics courses.
  711         11. Other services that the Attorney General determines by
  712  rule may be appropriately performed by such person in furthering
  713  the purposes of this section.
  714         (c) Selecting or assisting another in selecting, or
  715  advising another in selecting, a benefit, visa, or program to
  716  apply for in an immigration matter.
  717         (d) Soliciting to prepare documents for, or otherwise
  718  representing the interests of, another in a judicial or
  719  administrative proceeding in an immigration matter.
  720         (e) Explaining, advising, or otherwise interpreting the
  721  meaning or intent of a question on a governmental agency form in
  722  an immigration matter.
  723         (f) Charging a fee for referring another to a person
  724  licensed to practice law.
  725         (g) Selecting, drafting, or completing legal documents
  726  affecting the legal rights of another in an immigration matter.
  727         (3) A person or business offering immigration services,
  728  other than those holding an active license to practice law in
  729  the state or otherwise permitted to practice law or represent
  730  others under federal law in an immigration matter, must post
  731  conspicuous notices on its main website and at its place of
  732  business in English and every other language in which the person
  733  or business provides or offers immigration assistance with the
  734  following statement:
  735  
  736  I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE
  737  LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. I AM NOT
  738  ACCREDITED TO REPRESENT YOU BEFORE THE STATE OF FLORIDA, THE
  739  UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, OR THE
  740  IMMIGRATION BOARD OF APPEALS.
  741  
  742         (4) Persons, other than those holding an active license to
  743  practice law in a state of the United States or otherwise
  744  permitted to practice law or represent others under federal law
  745  in an immigration matter, are prohibited from engaging in the
  746  following acts or practices, regardless of whether compensation
  747  is sought:
  748         (a) Representing, either orally or in any document,
  749  letterhead, advertisement, stationery, business card, website,
  750  or other comparable written material, that he or she is a
  751  notario publico, notario, immigration assistant, immigration
  752  consultant, immigration specialist, or using any other
  753  designation or title, in any language, that conveys or implies
  754  that he or she possesses professional legal skills in the area
  755  of immigration law.
  756         (b) Representing, in any language, either orally or in any
  757  document, letterhead, advertisement, stationery, business card,
  758  website, or other comparable written material, that he or she
  759  can or is willing to provide services in an immigration matter,
  760  if such services would constitute the practice of law.
  761         (5)(a) The prohibitions of subsections (1) through (4) do
  762  not apply to the activities of nonlawyer assistants acting under
  763  the supervision of a person holding an active license to
  764  practice law in the state or otherwise permitted to practice law
  765  or represent others under federal law in an immigration matter.
  766         (b) This section does not prohibit a person from offering
  767  translation or interpretation services, regardless of whether
  768  compensation is sought. Translating words contained on a
  769  government form from English to another language and translating
  770  a person’s words from another language to English does not
  771  constitute the unauthorized practice of law.
  772         Section 22. Paragraph (a) of subsection (3) and paragraph
  773  (f) of subsection (7) of section 943.325, Florida Statutes, are
  774  amended to read:
  775         943.325 DNA database.—
  776         (3) COLLECTION OF SAMPLES.—
  777         (a) Each qualifying offender who is not a qualifying
  778  offender solely because of the issuance of an immigration
  779  detainer by a federal immigration agency shall submit a DNA
  780  sample at the time he or she is booked into a jail, correctional
  781  facility, or juvenile facility. However, a person who becomes a
  782  qualifying offender solely because of the issuance of an
  783  immigration detainer by a federal immigration agency must be
  784  asked in writing, in his or her preferred language, if the
  785  person consents or declines to submit a DNA sample when the law
  786  enforcement agency having custody of such the offender receives
  787  the detainer. A law enforcement agency may not forcibly extract
  788  a DNA sample, and a person who becomes a qualifying offender
  789  solely because of the issuance of an immigration detainer may
  790  not be charged with a criminal offense for declining to submit a
  791  DNA sample.
  792         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
  793         (f) A law enforcement agency having custody of a person who
  794  becomes a qualifying offender solely because of the issuance of
  795  an immigration detainer by a federal immigration agency shall
  796  ensure that a DNA sample is taken from the offender immediately
  797  after the agency receives the detainer and shall secure and
  798  transmit the sample to the department in a timely manner.
  799         Section 23. Paragraph (c) of subsection (2) of section
  800  1002.31, Florida Statutes, is amended to read:
  801         1002.31 Controlled open enrollment; public school parental
  802  choice.—
  803         (2)
  804         (c) Each district school board must provide preferential
  805  treatment in its controlled open enrollment process to all of
  806  the following:
  807         1. Dependent children of active duty military personnel
  808  whose move resulted from military orders.
  809         2. Children who have been relocated due to a foster care
  810  placement in a different school zone.
  811         3. Children who move due to a court-ordered change in
  812  custody due to separation or divorce, or the serious illness or
  813  death of a custodial parent.
  814         4. Students residing in the school district.
  815         5. Children and youths who are experiencing a lack of
  816  housing and children known to the department, as defined in s.
  817  39.0016(1).
  818         Section 24. Paragraph (f) of subsection (1) of section
  819  1003.21, Florida Statutes, is amended to read:
  820         1003.21 School attendance.—
  821         (1)
  822         (f) Children and youths who are experiencing homelessness,
  823  regardless of their immigration status, and children who are
  824  known to the department, as defined in s. 39.0016, must have
  825  access to a free public education and must be admitted to the
  826  school of their parent’s or guardian’s choice in the school
  827  district in which they or their families live in accordance with
  828  the rules set forth in s. 1002.31. School districts shall assist
  829  such children in meeting the requirements of subsection (4) and
  830  s. 1003.22, as well as local requirements for documentation.
  831         Section 25. Paragraphs (a), (b), and (c) of subsection (12)
  832  of section 1009.26, Florida Statutes, are amended to read:
  833         1009.26 Fee waivers.—
  834         (12)(a) A state university, a Florida College System
  835  institution, a career center operated by a school district under
  836  s. 1001.44, or a charter technical career center shall waive
  837  out-of-state fees for undergraduate and graduate students,
  838  including, but not limited to, students who are undocumented for
  839  federal immigration purposes, who meet the following conditions:
  840         1. Attend Attended a secondary school in this state for 2 3
  841  consecutive years immediately before graduating from a high
  842  school in this state or successfully completing the requirements
  843  for a high school equivalency diploma after 2 years of relevant
  844  coursework;
  845         2. Apply for enrollment in an institution of higher
  846  education within 24 months after high school or undergraduate
  847  school graduation; and
  848         3. Submit an official Florida high school transcript as
  849  evidence of attendance and graduation or evidence of having
  850  completed the requirements for a high school equivalency
  851  diploma.
  852         (b) Tuition and fees charged to a student who qualifies for
  853  the out-of-state fee waiver under this subsection may not exceed
  854  the tuition and fees charged to a resident student. The waiver
  855  is applicable for 110 percent of the required credit hours of
  856  the undergraduate or graduate degree or certificate program for
  857  which the student is enrolled. Each state university, Florida
  858  College System institution, career center operated by a school
  859  district under s. 1001.44, and charter technical career center
  860  shall report to the Board of Governors and the State Board of
  861  Education, respectively, the number and value of all fee waivers
  862  granted annually under this subsection. By October 1 of each
  863  year, the Board of Governors for the state universities and the
  864  State Board of Education for Florida College System
  865  institutions, career centers operated by a school district under
  866  s. 1001.44, and charter technical career centers shall annually
  867  report for the previous academic year the percentage of resident
  868  and nonresident students enrolled systemwide.
  869         (c) A state university student granted an out-of-state fee
  870  waiver under this subsection must be considered a nonresident
  871  student for purposes of calculating the systemwide total
  872  enrollment of nonresident students as limited by regulation of
  873  the Board of Governors. In addition, a student who is granted an
  874  out-of-state fee waiver under this subsection is not eligible
  875  for state financial aid under part III of this chapter and shall
  876  must not be reported as a resident for tuition purposes.
  877         Section 26. Paragraph (a) of subsection (1) of section
  878  1009.40, Florida Statutes, is amended to read:
  879         1009.40 General requirements for student eligibility for
  880  state financial aid awards and tuition assistance grants.—
  881         (1)(a) The general requirements for eligibility of students
  882  for state financial aid awards and tuition assistance grants
  883  consist of the following:
  884         1. Achievement of the academic requirements of and
  885  acceptance at a state university or Florida College System
  886  institution; a nursing diploma school approved by the Florida
  887  Board of Nursing; a Florida college or university which is
  888  accredited by an accrediting agency recognized by the State
  889  Board of Education; a Florida institution the credits of which
  890  are acceptable for transfer to state universities; a career
  891  center; or a private career institution accredited by an
  892  accrediting agency recognized by the State Board of Education.
  893         2. Residency in this state for no less than 1 year
  894  preceding the award of aid or a tuition assistance grant for a
  895  program established pursuant to s. 1009.50, s. 1009.505, s.
  896  1009.51, s. 1009.52, s. 1009.521, s. 1009.53, s. 1009.60, s.
  897  1009.62, s. 1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s.
  898  1009.89, or s. 1009.894. Residency in this state must be for
  899  purposes other than to obtain an education. Resident status for
  900  purposes of receiving state financial aid awards shall be
  901  determined in the same manner as resident status for tuition
  902  purposes pursuant to s. 1009.21. However, a student may not be
  903  denied classification as a resident for purposes of receiving
  904  state financial aid awards based solely upon his or her
  905  immigration status if he or she has met the conditions for an
  906  out-of-state fee waiver under s. 1009.26(12)(a).
  907         3. Submission of certification attesting to the accuracy,
  908  completeness, and correctness of information provided to
  909  demonstrate a student’s eligibility to receive state financial
  910  aid awards or tuition assistance grants. Falsification of such
  911  information shall result in the denial of a pending application
  912  and revocation of an award or grant currently held to the extent
  913  that no further payments shall be made. Additionally, students
  914  who knowingly make false statements in order to receive state
  915  financial aid awards or tuition assistance grants commit a
  916  misdemeanor of the second degree subject to the provisions of s.
  917  837.06 and shall be required to return all state financial aid
  918  awards or tuition assistance grants wrongfully obtained.
  919         Section 27. Paragraph (e) of subsection (4) and paragraph
  920  (i) of subsection (5) of section 456.074, Florida Statutes, are
  921  amended to read:
  922         456.074 Certain health care practitioners; immediate
  923  suspension of license.—
  924         (4) The department shall issue an emergency order
  925  suspending the license of a massage therapist or establishment
  926  as defined in chapter 480 upon receipt of information that the
  927  massage therapist, a person with an ownership interest in the
  928  establishment, or, for a corporation that has more than $250,000
  929  of business assets in this state, the owner, officer, or
  930  individual directly involved in the management of the
  931  establishment has been convicted or found guilty of, or has
  932  entered a plea of guilty or nolo contendere to, regardless of
  933  adjudication, a violation of s. 796.07(2)(a) which is
  934  reclassified under s. 796.07(7) or a felony offense under any of
  935  the following provisions of state law or a similar provision in
  936  another jurisdiction:
  937         (e) Section 787.07, relating to human smuggling.
  938         (5) The department shall issue an emergency order
  939  suspending the license of any health care practitioner who is
  940  arrested for committing or attempting, soliciting, or conspiring
  941  to commit any act that would constitute a violation of any of
  942  the following criminal offenses in this state or similar
  943  offenses in another jurisdiction:
  944         (i) Section 787.07, relating to human smuggling.
  945         Section 28. Paragraph (e) of subsection (7) of section
  946  480.041, Florida Statutes, is amended to read:
  947         480.041 Massage therapists; qualifications; licensure;
  948  endorsement.—
  949         (7) The board shall deny an application for a new or
  950  renewal license if an applicant has been convicted or found
  951  guilty of, or enters a plea of guilty or nolo contendere to,
  952  regardless of adjudication, a violation of s. 796.07(2)(a) which
  953  is reclassified under s. 796.07(7) or a felony offense under any
  954  of the following provisions of state law or a similar provision
  955  in another jurisdiction:
  956         (e) Section 787.07, relating to human smuggling.
  957         Section 29. Paragraph (e) of subsection (8) of section
  958  480.043, Florida Statutes, is amended to read:
  959         480.043 Massage establishments; requisites; licensure;
  960  inspection; human trafficking awareness training and policies.—
  961         (8) The department shall deny an application for a new or
  962  renewal license if an establishment owner or a designated
  963  establishment manager or, for a corporation that has more than
  964  $250,000 of business assets in this state, an establishment
  965  owner, a designated establishment manager, or any individual
  966  directly involved in the management of the establishment has
  967  been convicted of or entered a plea of guilty or nolo contendere
  968  to any misdemeanor or felony crime, regardless of adjudication,
  969  related to prostitution or related acts as described in s.
  970  796.07 or a felony offense under any of the following provisions
  971  of state law or a similar provision in another jurisdiction:
  972         (e) Section 787.07, relating to human smuggling.
  973         Section 30. Subsection (2) of section 775.30, Florida
  974  Statutes, is amended to read:
  975         775.30 Terrorism; defined; penalties.—
  976         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
  977  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
  978  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
  979  s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
  980  806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
  981  859.01, or s. 876.34, in furtherance of intimidating or coercing
  982  the policy of a government, or in furtherance of affecting the
  983  conduct of a government by mass destruction, assassination, or
  984  kidnapping, commits the crime of terrorism, a felony of the
  985  first degree, punishable as provided in s. 775.082, s. 775.083,
  986  or s. 775.084.
  987         Section 31. Subsection (1) of section 794.056, Florida
  988  Statutes, is amended to read:
  989         794.056 Rape Crisis Program Trust Fund.—
  990         (1) The Rape Crisis Program Trust Fund is created within
  991  the Department of Health for the purpose of providing funds for
  992  rape crisis centers in this state. Trust fund moneys shall be
  993  used exclusively for the purpose of providing services for
  994  victims of sexual assault. Funds credited to the trust fund
  995  consist of those funds collected as an additional court
  996  assessment in each case in which a defendant pleads guilty or
  997  nolo contendere to, or is found guilty of, regardless of
  998  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  999  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1000  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1001  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1002  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1003  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 1004  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 1005  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 1006  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 1007  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 1008  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 1009  fund also shall include revenues provided by law, moneys
 1010  appropriated by the Legislature, and grants from public or
 1011  private entities.
 1012         Section 32. Paragraph (d) of subsection (3) of section
 1013  921.0022, Florida Statutes, is amended to read:
 1014         921.0022 Criminal Punishment Code; offense severity ranking
 1015  chart.—
 1016         (3) OFFENSE SEVERITY RANKING CHART
 1017         (d) LEVEL 4
 1018  
 1019  FloridaStatute    FelonyDegree           Description            
 1020  316.1935(3)(a)       2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1021  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
 1022  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 1023  517.07(1)            3rd   Failure to register securities.   
 1024  517.12(1)            3rd   Failure of dealer or associated person of a dealer of securities to register.
 1025  784.031              3rd   Battery by strangulation.         
 1026  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
 1027  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
 1028  784.075              3rd   Battery on detention or commitment facility staff.
 1029  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 1030  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
 1031  784.081(3)           3rd   Battery on specified official or employee.
 1032  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
 1033  784.083(3)           3rd   Battery on code inspector.        
 1034  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 1035  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
 1036  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 1037  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 1038  787.07               3rd   Human smuggling.                  
 1039  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
 1040  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
 1041  790.115(2)(c)        3rd   Possessing firearm on school property.
 1042  794.051(1)           3rd   Indecent, lewd, or lascivious touching of certain minors.
 1043  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
 1044  806.135              2nd   Destroying or demolishing a memorial or historic property.
 1045  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 1046  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 1047  810.06               3rd   Burglary; possession of tools.    
 1048  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
 1049  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
 1050  812.014 (2)(c)4. & 6.-10.   3rd   Grand theft, 3rd degree; specified items.
 1051  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
 1052  817.505(4)(a)        3rd   Patient brokering.                
 1053  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 1054  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
 1055  817.5695(3)(c)       3rd   Exploitation of person 65 years of age or older, value less than $10,000.
 1056  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
 1057  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
 1058  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 1059  836.14(2)            3rd   Person who commits theft of a sexually explicit image with intent to promote it.
 1060  836.14(3)            3rd   Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
 1061  837.02(1)            3rd   Perjury in official proceedings.  
 1062  837.021(1)           3rd   Make contradictory statements in official proceedings.
 1063  838.022              3rd   Official misconduct.              
 1064  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
 1065  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
 1066  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
 1067  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 1068  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
 1069  843.19(2)            2nd   Injure, disable, or kill police, fire, or SAR canine or police horse.
 1070  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
 1071  870.01(3)            2nd   Aggravated rioting.               
 1072  870.01(5)            2nd   Aggravated inciting a riot.       
 1073  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
 1074  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
 1075  914.14(2)            3rd   Witnesses accepting bribes.       
 1076  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
 1077  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
 1078  916.1085 (2)(c)1.    3rd   Introduction of specified contraband into certain DCF facilities.
 1079  918.12               3rd   Tampering with jurors.            
 1080  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
 1081  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
 1082  951.22(1)(h), (j) & (k)   3rd   Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
 1083         Section 33. Section 938.085, Florida Statutes, is amended
 1084  to read:
 1085         938.085 Additional cost to fund rape crisis centers.—In
 1086  addition to any sanction imposed when a person pleads guilty or
 1087  nolo contendere to, or is found guilty of, regardless of
 1088  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1089  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1090  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1091  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1092  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1093  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1094  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1095  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 1096  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 1097  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 1098  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 1099  $151. Payment of the surcharge shall be a condition of
 1100  probation, community control, or any other court-ordered
 1101  supervision. The sum of $150 of the surcharge shall be deposited
 1102  into the Rape Crisis Program Trust Fund established within the
 1103  Department of Health by chapter 2003-140, Laws of Florida. The
 1104  clerk of the court shall retain $1 of each surcharge that the
 1105  clerk of the court collects as a service charge of the clerk’s
 1106  office.
 1107         Section 34. Except as otherwise expressly provided in this
 1108  act and except for this section, which shall take effect upon
 1109  this act becoming a law, this act shall take effect July 1,
 1110  2024.