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A bill to be entitled

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An act relating to illegal or undocumented aliens;

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creating s. 775.0865, F.S.; requiring that the court

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reclassify a felony or misdemeanor offense to the next

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higher degree if the offense is the second or subsequent

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offense committed by an illegal or undocumented alien who

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has unlawfully reentered the United States after

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deportation; providing for application of the severity

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ranking chart of the Criminal Punishment Code; defining

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the term "illegal or undocumented alien"; creating s.

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944.5965, F.S.; requiring that the Department of

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Corrections provide to the United States Department of

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Homeland Security certain information concerning inmates

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who are suspected of being illegal or undocumented aliens;

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requiring that the department transfer an illegal or

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undocumented alien to the custody of the United States

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Department of Homeland Security upon completion of

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sentence; providing procedures for the Department of

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Corrections to transfer illegal or undocumented aliens who

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voluntarily choose to return to their country of origin;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 775.0865, Florida Statutes, is created

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to read:

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     775.0865 Crimes committed by an illegal or undocumented

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alien; felony or misdemeanor reclassification.--

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     (1) If an illegal or undocumented alien is convicted of

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committing a felony or misdemeanor in this state and:

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     (a) Has previously been convicted of a felony or

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misdemeanor in this state;

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     (b) Has been deported to his or her home country by the

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Bureau of Immigration and Customs Enforcement of the United

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States Department of Homeland Security; and

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     (c) Has reentered the United States without legal

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authorization and documentation,

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the court shall reclassify the felony or misdemeanor to the next

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higher degree as provided in this section.

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     (2) The reclassification shall be made in the following

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manner:

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     (a) In the case of a misdemeanor of the second degree, the

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offense shall be reclassified as a misdemeanor of the first

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degree.

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     (b) In the case of a misdemeanor of the first degree, the

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offense shall be reclassified as a felony of the third degree.

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     (c) In the case of a felony of the third degree, the

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offense shall be reclassified as a felony of the second degree.

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     (d) In the case of a felony of the second degree, the

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offense shall be reclassified as a felony of the first degree.

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     (e) In the case of a felony of the first degree or a felony

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of the first degree punishable by a term of imprisonment not

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exceeding life, the offense shall be reclassified as a life

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felony.

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     (3) For purposes of sentencing under chapter 921, the

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following offense severity ranking levels apply:

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     (a) An offense that is a misdemeanor of the first degree

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and that is reclassified under this section as a felony of the

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third degree shall be ranked in level 2 of the offense severity

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ranking chart.

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     (b) A felony offense that is reclassified under this

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section shall be one level above the ranking specified in s.

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921.0022 or s. 921.0023 for the offense committed.

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     (4) As used in this section, the term "illegal or

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undocumented alien" means a person who:

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     (a) Is not a citizen of the United States;

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     (b) Has entered the United States in violation of federal

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law;

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     (c) Is not lawfully present in the United States; or

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     (d) Has legally entered the United States subject to a time

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limit but has remained illegally in the United States after the

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expiration of the time limit.

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     Section 2.  Section 944.5965, Florida Statutes, is created

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to read:

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     944.5965 List of suspected illegal or undocumented aliens;

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notifications to the United States Department of Homeland

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Security; voluntary transfer of illegal or undocumented aliens to

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their countries of origin; procedures.--

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     (1) The department shall compile monthly a list of persons

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suspected to be illegal or undocumented aliens who are serving a

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sentence in a correctional institution in this state. The list

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shall include the earliest possible date of release of the

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offender, whether through expiration of the term of the imposed

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sentence, parole, or other means. The department shall provide a

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copy of the list to the Immigration and Customs Enforcement

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Section of the United States Department of Homeland Security so

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that the section may determine whether it wishes to take custody

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of the suspected illegal or undocumented aliens. If the

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Immigration and Customs Enforcement Section indicates that it

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wishes to take custody of an inmate, the department is

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responsible for the inmate until the section takes physical

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custody of the inmate.

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     (2) The department, pursuant to a valid detainer lodged

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against an illegal or undocumented alien who is not legally

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present in the United States and who has been convicted of or has

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pled guilty to a felony, shall transfer that alien to the custody

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of the Immigration and Customs Enforcement Section of the United

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States Department of Homeland Security upon completion of the

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alien's prison term.

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     (3) The department may at any time interview inmates

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appearing on the monthly list of persons suspected to be illegal

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or undocumented aliens who are serving a sentence in a

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correctional institution in this state. The department may ask

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the inmate whether he or she would prefer to finish his or her

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sentence in the correctional facility or whether he or she would

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prefer to be released from incarceration and returned to his or

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her country of origin. If the inmate voluntarily agrees to be

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returned to his or her country of origin, the department shall

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purchase for the inmate a one-way airplane ticket to the inmate's

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country of origin. The department shall transfer the inmate to

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the county jail in the county of the airport from which the

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inmate will depart. At the time of departure, deputies of the

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sheriff shall escort the inmate from the county jail to the

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appropriate airplane and may not leave the airport boarding area

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until the airplane is airborne.

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     Section 3.  This act shall take effect July 1, 2008.