Florida Senate - 2008 (Reformatted) SB 540
By Senators Baker and Posey
20-00550-08 2008540__
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A bill to be entitled
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An act relating to illegal aliens; providing definitions;
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requiring law enforcement officers, sheriffs, chief
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correctional officers, and clerks of the circuit court to
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report to the Immigration and Customs Enforcement office
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of the United States Department of Homeland Security
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suspected illegal aliens who are arrested, detained, or
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convicted of a felony; requiring law enforcement agencies
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to provide written notice to each law enforcement officer
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of the officer's duty to cooperate with federal officials
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with regards to federal immigration laws; requiring the
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Office of the Attorney General, the Department of Law
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Enforcement, and all state and local law enforcement
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agencies to vigorously pursue all opportunities to collect
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federal funds to which the state may be entitled for the
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reimbursement of moneys spent to enforce federal
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immigration laws; 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. Illegal aliens; reporting to federal officials.-
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(1) As used in this section, the term:
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(a) "County or municipal detention facility" has the same
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meaning as in s. 951.23, Florida Statutes.
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(b) "Law enforcement officer" has the same meaning as in s.
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943.10, Florida Statutes.
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(c) "Law enforcement agency" means any agency or unit of
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government which has authority to employ or appoint law
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enforcement officers.
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(2)(a) If a law enforcement officer has probable cause to
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believe that a person arrested for a felony offense is not
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legally present in the United States, the officer shall report
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that person to the Immigration and Customs Enforcement office of
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the United States Department of Homeland Security.
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(b) If a person arrested for a felony offense is detained
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in a county or municipal detention facility and the sheriff or
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chief correctional officer reasonably believes that the person is
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not legally present in the United States, the sheriff or chief
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correctional officer shall report that person to the Immigration
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and Customs Enforcement office of the United States Department of
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Homeland Security.
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(c) A judge of the circuit court shall direct the clerk of
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the circuit court to notify the Immigration and Customs
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Enforcement office of the United States Department of Homeland
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Security when a suspected alien has been convicted of or pleaded
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guilty to a felony.
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(3)(a) Each law enforcement agency shall provide written
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notice to its law enforcement officers of each officer's duty to
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cooperate with federal officials with regards to enforcing
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federal laws governing immigration.
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(b) Each law enforcement agency shall provide written
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confirmation to the Department of Law Enforcement by March 1 of
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each year that it has provided the notice to each officer
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employed by the agency.
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(4) The Office of the Attorney General, the Department of
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Law Enforcement, and all state and local law enforcement agencies
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shall vigorously pursue all opportunities to collect all federal
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funds to which the state may be entitled for the reimbursement of
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moneys spent to enforce federal immigration laws.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.