Florida Senate - 2016 SB 1712 By Senator Simpson 18-01495A-16 20161712__ 1 A bill to be entitled 2 An act relating to prevention of acts of war; creating 3 s. 943.0323, F.S.; providing definitions; prohibiting 4 the state, political subdivisions, their agencies and 5 employees, and persons receiving state funds from 6 assisting with the entry into or resettlement in the 7 state of certain foreign refugees and immigrants; 8 requiring persons offering resettlement assistance to 9 foreign refugees or immigrants through certain 10 resettlement assistance programs to submit the 11 personal identifying information of such refugees and 12 immigrants to the Department of Law Enforcement; 13 directing the department to conduct background 14 screenings and report specified information to the 15 Governor, the United States Department of Homeland 16 Security, and certain persons; authorizing the 17 Governor to exercise certain powers, monitor the 18 presence of certain persons entering into, resettling, 19 or residing in the state, adopt rules and forms and 20 procedures, and exempt individuals or categories of 21 individuals from screenings and reports; authorizing 22 the Governor and Attorney General to challenge 23 specified federal laws and regulations; directing the 24 Governor and Attorney General to prevent the entry 25 into or resettlement in the state of certain 26 restricted persons; providing applicability; providing 27 an effective date. 28 29 WHEREAS, since the entry into Florida of foreign persons 30 who trained in the state and subsequently attacked the United 31 States on September 11, 2001, Florida has remained under 32 imminent threat of the surreptitious invasion of foreign persons 33 intending to conquer or violently destroy the way of life for 34 the citizens of the United States and its constituent states, 35 and 36 WHEREAS, such persons are organized or affiliated with 37 armies presently holding and administering territories outside 38 the United States and insurgencies engaged in capturing such 39 territories, and 40 WHEREAS, such persons have and may continue to find safe 41 haven through alliances with foreign governments or the 42 sympathies of nongovernmental organizations, and 43 WHEREAS, the State of Florida has sufficient sovereign 44 power to defend itself against invasion or imminent threat of 45 invasion pursuant to Section 10, Article I of the United States 46 Constitution, and 47 WHEREAS, the State Constitution and Florida law fully 48 empower the Governor, as commander-in-chief of all military 49 forces in Florida not in active service of the United States 50 Armed Forces, including the general militia, to defend the state 51 against the entry and actions of such persons, and 52 WHEREAS, principles of federalism applied in various United 53 States Supreme Court decisions preclude the commandeering of 54 state agencies in the pursuit of federal policies or in 55 execution of federal law, except by consent of the state, NOW, 56 THEREFORE, 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Section 943.0323, Florida Statutes, is created 61 to read: 62 943.0323 Prevention of acts of war.— 63 (1) DEFINITIONS.—As used in this section, the term: 64 (a) “Foreign refugee or immigrant” means a person who is 65 not a United States citizen but who seeks entry into or 66 resettlement in the state. 67 (b) “Invader” means a person who is not a United States 68 citizen who enters into or remains in the state with the intent 69 of doing violence to persons or destroying property as part of a 70 conspiracy or plan to: 71 1. Violently injure the way of life for citizens of the 72 state; 73 2. Weaken or conquer all or any portion of the state or of 74 the United States; or 75 3. Wage war against the United States to ally with its 76 enemies or provide comfort and aid to its enemies. 77 (c) “Personal identifying information” of a foreign refugee 78 or immigrant includes passport information and fingerprints, 79 addresses and geographical location of any temporary or 80 permanent residence that has been or may be used, and other 81 information required by the Governor under this section. 82 (d) “Restricted person” means a foreign refugee or 83 immigrant for whom there is reasonable cause to believe that he 84 or she originates from, or has been in close proximity to, any 85 location in which invaders or prospective invaders are known to 86 originate or organize or train for violent acts of war. 87 (2) NONCOOPERATION WITH ENTRY OR RESETTLEMENT OF RESTRICTED 88 PERSONS.— 89 (a) The state or an agency or employee thereof, or a 90 political subdivision of the state or an agency or employee 91 thereof, may not cooperate with or assist any person, including 92 a federal agent, with the entry into or resettlement in the 93 state of a restricted person unless the Governor expressly 94 authorizes such cooperation or assistance. 95 (b) A person who, on or after the effective date of this 96 section, receives state funds for any purpose may not, for 5 97 years after receiving such funds, assist with the entry into or 98 resettlement in the state of a restricted person unless the 99 Governor expressly authorizes such assistance. 100 (c) A person who, on or after the effective date of this 101 section, assists with the entry into or resettlement in the 102 state of a restricted person may not receive state funds for any 103 purpose for 5 years after the most recent act of such assistance 104 unless the Governor expressly authorizes such assistance. 105 (3) SCREENING OF FOREIGN REFUGEES AND IMMIGRANTS.— 106 (a) A person who, upon the effective date of this section 107 through any public or private resettlement assistance program 108 for foreign refugees or immigrants, is engaged in assisting with 109 the entry into or resettlement in the state of a foreign refugee 110 or immigrant, within 30 days after the effective date of this 111 section, shall submit to the department the personal identifying 112 information of the foreign refugee or immigrant. 113 (b) A person who, after the effective date of this section 114 through any public or private resettlement assistance program 115 for foreign refugees or immigrants, engages in assisting with 116 the entry into or resettlement in the state of a foreign refugee 117 or immigrant, upon agreeing to provide such assistance, shall 118 submit to the department the personal identifying information of 119 the foreign refugee or immigrant. 120 (c) A person who, before the effective date of this section 121 through any public or private resettlement assistance program 122 for foreign refugees or immigrants, engaged in assisting with 123 the entry into or resettlement in the state of a foreign refugee 124 or immigrant who has continually resided in the state since 125 January 1, 2011, within 90 days after the effective date of this 126 section, shall submit to the department the personal identifying 127 information of the foreign refugee or immigrant. 128 (d)1. The department shall conduct a background screening 129 of a foreign refugee or immigrant within 15 days after receipt 130 of his or her personal identifying information pursuant to 131 paragraph (a) or paragraph (b). The department shall conduct a 132 background screening of a foreign refugee or immigrant residing 133 in the state within 90 days after receipt of his or her personal 134 identifying information pursuant to paragraph (c). The 135 department may cooperate and share information with federal 136 agencies as may be expedient in conducting the background 137 screening. 138 2. The department shall submit a report, as soon as 139 practicable, of the results of the background screening, 140 including any information indicating whether the foreign refugee 141 or immigrant is a restricted person or an invader, to the 142 Governor and the United States Department of Homeland Security. 143 Within 10 days after submitting such report, the Department of 144 Law Enforcement shall submit a separate report to the person who 145 submitted the personal identifying information, unless directed 146 otherwise by the Governor. The department may also provide 147 background screening information to any local law enforcement 148 agency as directed by the Governor. 149 (4) GUBERNATORIAL POWERS.—The Governor may: 150 (a) Use all powers and resources, including police powers, 151 emergency powers, and military force, to prevent a restricted 152 person from entering into or resettling in the state and to 153 prevent a restricted person residing in the state from 154 committing violent acts of war, unless the Governor has 155 reasonable cause to believe that the restricted person is not an 156 invader. 157 (b) Monitor the presence of a restricted person entering 158 into, resettling in, or residing in the state. 159 (c) Adopt emergency rules and permanent rules necessary to 160 implement this section. 161 (d) Adopt forms and procedures for the collection of 162 personal identifying information under this section. 163 (e) Exempt individuals or categories of individuals from 164 this section in order to efficiently use departmental resources 165 for public safety. 166 (5) ACTIONS TO PREVENT THE RESETTLEMENT OF RESTRICTED 167 PERSONS.— 168 (a) The Governor and the Attorney General are independently 169 authorized to review and challenge the lawfulness of any federal 170 law or regulation encouraging or providing for the entry into or 171 resettlement in the state of restricted persons. 172 (b) The Governor and the Attorney General are independently 173 directed to take any action authorized by law to prevent the 174 entry into or resettlement in the state of a restricted person 175 by the Federal Government or any person unless the Governor or 176 the Attorney General has reasonable cause to believe that the 177 restricted person is not an invader. 178 (6) APPLICABILITY.—This section supplements and does not 179 limit any emergency or military powers otherwise authorized by 180 law. 181 Section 2. This act shall take effect upon becoming a law.