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2024 Florida Statutes (Including 2025C)

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 908 FEDERAL IMMIGRATION ENFORCEMENT Entire Chapter
SECTION 1031
State Board of Immigration Enforcement; creation; purpose and duties.
F.S. 908.1031
1908.1031 State Board of Immigration Enforcement; creation; purpose and duties.—
(1) The State Board of Immigration Enforcement is created within the Department of Law Enforcement, composed of the Governor and Cabinet, which shall be referred to as the board. The Governor and Cabinet shall serve as the agency head of the board. The board shall be a separate budget entity and shall be exempt from s. 20.052. All board action shall be by unanimous vote. The board shall not be subject to control, supervision, or direction of the Department of Law Enforcement in any manner.
(2) The board shall appoint an executive director to assist in the implementation of its responsibilities.
(3) The board is the chief immigration enforcement officer of the state and shall:
(a) Serve as a resource for the United States Immigration and Customs Enforcement.
(b) Coordinate and cooperate with the Federal Government in the enforcement of federal immigration laws and other matters related to the enforcement of federal immigration laws.
(c) Coordinate with and provide assistance to law enforcement agencies in the enforcement of federal immigration laws and other matters related to the enforcement of federal immigration laws, and monitor local government compliance with the requirements of this chapter.
2(d) Administer the Local Law Enforcement Immigration Grant Program established in s. 908.1033.
(e) Collect data related to operations with the United States Immigration and Customs Enforcement from law enforcement agencies and, by December 15 of each year, submit a report to the President of the Senate and the Speaker of the House of Representatives. The report may contain recommendations to the Legislature to improve the state’s cooperation and coordination with the Federal Government in the enforcement of federal immigration laws within this state. The report must detail the number of trained law enforcement officers under the required agreements in s. 908.11 and the level of cooperation and coordination between the following entities and federal immigration agencies:
1. State entities.
2. Local governmental entities.
3. Law enforcement agencies.
(f) Actively seek Congressional action to amend the National Crime Prevention and Privacy Compact to require states that are a party to the compact to share information relating to a person’s immigration status for criminal justice purposes and to require that such information be fully shared with all federal agencies having authority over immigration enforcement.
(g) No later than March 24, 2025, report to the President of the Senate and the Speaker of the House of Representatives the number of vacant beds available in state correctional institutions and facilities and county detention facilities which can be sublet to the United States Immigration and Customs Enforcement for use as detention beds. Operators of state correctional institutions and facilities and county detention facilities shall provide such information requested by the board no later than March 15, 2025.
(4) The State Board of Immigration Enforcement may adopt rules necessary to implement this section.
(5) The Department of Law Enforcement must provide administrative support to the State Board of Immigration Enforcement.
History.—s. 16, ch. 2025-1.
1Note.—Section 29, ch. 2025-1, provides that “[t]he Legislature finds that the state’s criminal justice training centers as well as facilities of the Department of Military Affairs, such as the Camp Blanding Joint Training Center, are highly qualified and critical strategic, year-round assets for training. The Legislature has made significant investments to make the Camp Blanding Joint Training Center the premier facility in the Southeast. In order to support the anticipated training and operations involving multiple federal, state, and local agencies, and given the scale and value of this state’s assets, the Department of Military Affairs and local law enforcement shall work with the State Board of Immigration Enforcement within the Department of Law Enforcement to ensure that the state’s federal partners can access and use the state’s physical assets in order to further the nation’s mission to address illegal immigration. Such activities include outreach to federal partners as well as entering into agreements for the use of such facilities.”
2Note.—Section 28, ch. 2025-1, provides:

“(1) The State Board of Immigration Enforcement within the Department of Law Enforcement is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of implementing provisions related to the Local Law Enforcement Immigration Grant Program created by this act. Notwithstanding any other law, emergency rules adopted pursuant to this subsection are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.

“(2) This section expires July 1, 2026.”