Senate Bill sb1338
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1338
By Senator Baker
20-488-07
1 A bill to be entitled
2 An act relating to illegal aliens; providing
3 definitions; requiring law enforcement
4 officers, sheriffs and chief correctional
5 officers, and clerks of the circuit court to
6 report to the Immigration and Customs
7 Enforcement office of the United States
8 Department of Homeland Security suspected
9 illegal aliens who are arrested, detained, or
10 convicted of a felony; requiring law
11 enforcement agencies to provide written notice
12 to each law enforcement officer of the
13 officer's duty to cooperate with federal
14 officials with regards to federal immigration
15 laws; requiring the Office of the Attorney
16 General, the Department of Law Enforcement, and
17 all state and local law enforcement agencies to
18 vigorously pursue all opportunities to collect
19 federal funds to which the state may be
20 entitled for the reimbursement of moneys spent
21 to enforce federal immigration laws; providing
22 an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Illegal aliens; reporting to federal
27 officials.--
28 (1) As used in this section, the term:
29 (a) "County or municipal detention facility" has the
30 same meaning as in s. 951.23, Florida Statutes.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1338
20-488-07
1 (b) "Law enforcement officer" has the same meaning as
2 in s. 943.10, Florida Statutes.
3 (c) "Law enforcement agency" means any agency or unit
4 of government which has authority to employ or appoint law
5 enforcement officers.
6 (2)(a) If a law enforcement officer has probable cause
7 to believe that a person arrested for a felony offense is not
8 legally present in the United States, the officer shall report
9 that person to the Immigration and Customs Enforcement office
10 of the United States Department of Homeland Security.
11 (b) If a person arrested for a felony offense is
12 detained in a county or municipal detention facility and the
13 sheriff or chief correctional officer reasonably believes that
14 the person is not legally present in the United States, the
15 sheriff or chief correctional officer shall report that person
16 to the Immigration and Customs Enforcement office of the
17 United States Department of Homeland Security.
18 (c) A judge of the circuit court shall direct the
19 clerk of the circuit court to notify the Immigration and
20 Customs Enforcement office of the United States Department of
21 Homeland Security when a suspected alien has been convicted of
22 or pleaded guilty to a felony.
23 (3)(a) Each law enforcement agency shall provide
24 written notice to its law enforcement officers of each
25 officer's duty to cooperate with federal officials with
26 regards to enforcing federal laws governing immigration.
27 (b) Each law enforcement agency shall provide written
28 confirmation to the Department of Law Enforcement by March 1
29 of each year that it has provided the notice to each officer
30 employed by the agency.
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Florida Senate - 2007 SB 1338
20-488-07
1 (4) The Office of the Attorney General, the Department
2 of Law Enforcement, and all state and local law enforcement
3 agencies shall vigorously pursue all opportunities to collect
4 all federal funds to which the state may be entitled for the
5 reimbursement of moneys spent to enforce federal immigration
6 laws.
7 Section 2. This act shall take effect July 1, 2007.
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9 *****************************************
10 SENATE SUMMARY
11 Requires law enforcement officers, sheriffs and chief
correctional officers, and clerks of the circuit court to
12 report certain persons to the Immigration and Customs
Enforcement office of the United States Department of
13 Homeland Security who have been arrested, detained, or
convicted of a felony. Requires law enforcement agencies
14 to provide written notice to all law enforcement officers
of each officer's duty to cooperate with federal
15 officials with regards to federal immigration laws.
Requires certain agencies to vigorously pursue all
16 opportunities to collect federal funds to which the state
may be entitled for the reimbursement of moneys spent to
17 enforce federal immigration laws.
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CODING: Words stricken are deletions; words underlined are additions.