| 1 | A bill to be entitled |
| 2 | An act relating to illegal aliens; providing definitions; |
| 3 | requiring law enforcement officers, sheriffs, chief |
| 4 | correctional officers, and clerks of the circuit court to |
| 5 | report to the Immigration and Customs Enforcement office |
| 6 | of the United States Department of Homeland Security |
| 7 | suspected illegal aliens who are arrested, detained, or |
| 8 | convicted of a felony; requiring law enforcement agencies |
| 9 | to provide written notice to each law enforcement officer |
| 10 | of the officer's duty to cooperate with federal officials |
| 11 | with regards to federal immigration laws; requiring the |
| 12 | Office of the Attorney General, the Department of Law |
| 13 | Enforcement, and all state and local law enforcement |
| 14 | agencies to vigorously pursue all opportunities to collect |
| 15 | federal funds to which the state may be entitled for the |
| 16 | reimbursement of moneys spent to enforce federal |
| 17 | immigration laws; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Illegal aliens; reporting to federal |
| 22 | officials.-- |
| 23 | (1) As used in this section, the term: |
| 24 | (a) "County or municipal detention facility" has the same |
| 25 | meaning as in s. 951.23, Florida Statutes. |
| 26 | (b) "Law enforcement officer" has the same meaning as in |
| 27 | s. 943.10, Florida Statutes. |
| 28 | (c) "Law enforcement agency" means any agency or unit of |
| 29 | government which has authority to employ or appoint law |
| 30 | enforcement officers. |
| 31 | (2)(a) If a law enforcement officer has probable cause to |
| 32 | believe that a person arrested for a felony offense is not |
| 33 | legally present in the United States, the officer shall report |
| 34 | that person to the Immigration and Customs Enforcement office of |
| 35 | the United States Department of Homeland Security. |
| 36 | (b) If a person arrested for a felony offense is detained |
| 37 | in a county or municipal detention facility and the sheriff or |
| 38 | chief correctional officer reasonably believes that the person |
| 39 | is not legally present in the United States, the sheriff or |
| 40 | chief correctional officer shall report that person to the |
| 41 | Immigration and Customs Enforcement office of the United States |
| 42 | Department of Homeland Security. |
| 43 | (c) A judge of the circuit court shall direct the clerk of |
| 44 | the circuit court to notify the Immigration and Customs |
| 45 | Enforcement office of the United States Department of Homeland |
| 46 | Security when a suspected alien has been convicted of or pleaded |
| 47 | guilty to a felony. |
| 48 | (3)(a) Each law enforcement agency shall provide written |
| 49 | notice to its law enforcement officers of each officer's duty to |
| 50 | cooperate with federal officials with regards to enforcing |
| 51 | federal laws governing immigration. |
| 52 | (b) Each law enforcement agency shall provide written |
| 53 | confirmation to the Department of Law Enforcement by March 1 of |
| 54 | each year that it has provided the notice to each officer |
| 55 | employed by the agency. |
| 56 | (4) The Office of the Attorney General, the Department of |
| 57 | Law Enforcement, and all state and local law enforcement |
| 58 | agencies shall vigorously pursue all opportunities to collect |
| 59 | all federal funds to which the state may be entitled for the |
| 60 | reimbursement of moneys spent to enforce federal immigration |
| 61 | laws. |
| 62 | Section 2. This act shall take effect July 1, 2008. |