Florida Senate - 2009                                    SB 1848
       
       
       
       By Senator Detert
       
       
       
       
       23-01426-09                                           20091848__
    1                        A bill to be entitled                      
    2         An act relating to verification of a prisoner’s
    3         immigration status; creating s. 907.06, F.S.;
    4         requiring the staff of a jail or other detention
    5         center or facility to make a reasonable effort to
    6         determine the citizenship status of a person charged
    7         with specified crimes; requiring that facility staff
    8         make a reasonable effort to verify whether the
    9         prisoner is lawfully present in the United States;
   10         requiring facility staff to verify the person’s
   11         immigration status and notify the United States
   12         Department of Homeland Security if the person is not
   13         lawfully in the United States; creating, for purposes
   14         of a release bond, a rebuttable presumption that a
   15         prisoner is at risk of flight if the Department of
   16         Homeland Security verifies that the prisoner is a
   17         foreign national and is not lawfully present in the
   18         United States; authorizing the Department of Law
   19         Enforcement to adopt rules; requiring that the act be
   20         construed consistent with applicable federal law;
   21         providing an effective date.
   22         
   23  Be It Enacted by the Legislature of the State of Florida:
   24         
   25         Section 1. Section 907.06, Florida Statutes, is created to
   26  read:
   27         907.06 Verification of immigration status of certain
   28  prisoners.—
   29         (1) If a person is charged with a felony, driving under the
   30  influence pursuant to s. 316.193, or boating under the influence
   31  pursuant to s. 327.35, and is confined for any period in a jail
   32  or other detention center or facility, the facility staff shall
   33  make a reasonable effort to determine the citizenship status of
   34  that person.
   35         (2) If the prisoner is a foreign national, the staff of the
   36  facility confining the prisoner shall make a reasonable effort
   37  to verify whether the prisoner is lawfully present in the United
   38  States under federal immigration law and, if lawfully admitted,
   39  whether the lawful status has expired. If a determination of
   40  citizenship cannot be made from documents in the possession of
   41  the prisoner, verification of immigration status shall be
   42  requested from the United States Department of Homeland Security
   43  within 48 hours after the person is confined in the jail or
   44  other detention center or facility.
   45         (3) If the Department of Homeland Security verifies that
   46  the person is not lawfully present in the United States, the
   47  facility shall notify the Department of Homeland Security of the
   48  detention status of the prisoner and confirm whether a federal
   49  immigration detainer has been or will be requested for the
   50  alien. This report is a public record.
   51         (4) For the purpose of determining the conditions for
   52  issuance of a bond, a rebuttable presumption is created that a
   53  prisoner is at risk of flight if the Department of Homeland
   54  Security verifies that the prisoner is a foreign national and is
   55  not lawfully present in the United States.
   56         (5) The Department of Law Enforcement may adopt rules
   57  pursuant to ss. 120.536(1) and 120.54 to administer this
   58  section.
   59         Section 2. This act shall be construed consistent with
   60  applicable federal law.
   61         Section 3. This act shall take effect July 1, 2009.