Florida Senate - 2017 SB 786 By Senator Bean 4-00187A-17 2017786__ 1 A bill to be entitled 2 An act relating to federal immigration enforcement; 3 providing a short title; creating ch. 908, F.S., 4 relating to federal immigration enforcement; providing 5 legislative findings and intent; providing 6 definitions; prohibiting sanctuary policies; requiring 7 state entities, local governmental entities, and law 8 enforcement agencies to comply with and support the 9 enforcement of federal immigration law; providing 10 applicability; prohibiting restrictions by such 11 entities and agencies on taking certain actions with 12 respect to information regarding a person’s 13 immigration status; providing applicability; providing 14 requirements concerning certain criminal defendants 15 subject to immigration detainers or otherwise subject 16 to transfer to federal custody; authorizing a law 17 enforcement agency to transport an unauthorized alien 18 under certain circumstances; providing an exception to 19 reporting requirements for crime victims or witnesses; 20 requiring recordkeeping relating to crime victim and 21 witness cooperation in certain investigations; 22 specifying duties concerning certain arrested persons; 23 specifying duties concerning immigration detainers; 24 authorizing a board of county commissioners to adopt 25 an ordinance to recover costs for complying with an 26 immigration detainer; providing that a person detained 27 pursuant to an immigration detainer is not liable for 28 detention expenses if the immigration detainer is 29 found to be improperly issued; authorizing local 30 governmental entities and law enforcement agencies to 31 petition the Federal Government for reimbursement of 32 certain costs; requiring report of violations; 33 providing penalties for failure to report a violation; 34 providing whistle-blower protections for persons who 35 report violations; providing implementation; requiring 36 the Attorney General to prescribe the format for 37 submitting complaints; providing construction; 38 providing responsibilities and authority of state 39 attorneys for investigations of such complaints; 40 providing report requirements; providing requirements 41 for entities to comply with document requests from 42 state attorneys concerning violations; providing 43 investigation of possible violations; providing 44 injunctive relief and penalties; requiring written 45 findings; prohibiting the expenditure of public funds 46 for specified purposes; providing a cause of action 47 for personal injury or wrongful death attributed to a 48 sanctuary policy; prohibiting a cause of action from 49 being brought against certain persons; providing that 50 a trial by jury is a matter of right; requiring 51 written findings under certain circumstances; 52 requiring the court to send a copy of the final 53 judgment to the Governor; providing penalties; 54 providing construction; providing that state entities, 55 local governmental entities, and law enforcement 56 agencies that have a sanctuary policy are ineligible 57 for certain funding; providing notification 58 requirements; providing exceptions; providing 59 applicability to certain education records; 60 prohibiting discrimination on specified grounds; 61 providing implementation; requiring repeal of existing 62 sanctuary policies within a specified period; 63 providing effective dates. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. Short title.—This act may be cited as the “Rule 68 of Law Adherence Act.” 69 Section 2. Chapter 908, Florida Statutes, consisting of 70 sections 908.101-908.402, is created to read: 71 CHAPTER 908 72 FEDERAL IMMIGRATION ENFORCEMENT 73 PART I 74 FINDINGS AND DEFINITIONS 75 908.101 Legislative findings and intent.—The Legislature 76 finds that it is an important state interest that state 77 entities, local governmental entities, and their officials owe 78 an affirmative duty to all citizens and other persons lawfully 79 present in the United States to assist the Federal Government 80 with enforcement of federal immigration laws within this state, 81 including complying with federal immigration detainers. The 82 Legislature further finds that it is an important state interest 83 that, in the interest of public safety and adherence to federal 84 law, this state support federal immigration enforcement efforts 85 and ensure that such efforts are not impeded or thwarted by 86 state or local laws, policies, practices, procedures, or 87 customs. State entities, local governmental entities, and their 88 officials who encourage persons unlawfully present in the United 89 States to locate within this state or who shield such persons 90 from personal responsibility for their unlawful actions breach 91 this duty and should be held accountable. 92 908.102 Definitions.—As used in this chapter, the term: 93 (1) “Federal immigration agency” means the United States 94 Department of Justice, the United States Department of Homeland 95 Security, or any successor agency and any division of such 96 agency, including the United States Immigration and Customs 97 Enforcement, the United States Customs and Border Protection, or 98 any other federal agency charged with the enforcement of 99 immigration law. The term includes an official or employee of 100 such agency. 101 (2) “Immigration detainer” means a facially sufficient 102 written or electronic request issued by a federal immigration 103 agency using that agency’s official form to request that another 104 law enforcement agency detain a person based on an inquiry into 105 the person’s immigration status or an alleged violation of a 106 civil immigration law, including detainers issued pursuant to 8 107 U.S.C. ss. 1226 and 1357. For purposes of this subsection, an 108 immigration detainer is deemed facially sufficient if: 109 (a) The federal immigration agency’s official form is 110 complete and indicates on its face that the federal immigration 111 agency has reason to believe that the person to be detained may 112 not have been lawfully admitted to the United States or 113 otherwise is not lawfully present in the United States; or 114 (b) The federal immigration agency’s official form is 115 incomplete and fails to indicate on its face that the federal 116 immigration agency has reason to believe that the person to be 117 detained may not have been lawfully admitted to the United 118 States or otherwise is not lawfully present in the United 119 States, but the form is supported by an accompanying affidavit 120 or order that indicates that the federal immigration agency has 121 reason to believe that the person to be detained may not have 122 been lawfully admitted to the United States or otherwise is not 123 lawfully present in the United States. 124 (3) “Inmate” means a person in the custody of a law 125 enforcement agency. 126 (4) “Law enforcement agency” means an agency in this state 127 charged with enforcement of state, county, municipal, or federal 128 laws or with managing custody of detained persons in the state 129 and includes municipal police departments, sheriff’s offices, 130 state police departments, state university and college police 131 departments, and the Department of Corrections. The term 132 includes an official or employee of such agency. 133 (5) “Local governmental entity” means any county, 134 municipality, or other political subdivision of this state. The 135 term includes a person holding public office or having official 136 duties as a representative, agent, or employee of such entity. 137 (6) “Sanctuary policy” means a law, policy, practice, 138 procedure, or custom adopted or permitted by a state entity, 139 local governmental entity, or law enforcement agency which 140 contravenes 8 U.S.C. s. 1373(a) or (b), or which knowingly 141 prohibits or impedes a law enforcement agency from communicating 142 or cooperating with a federal immigration agency with respect to 143 federal immigration enforcement, including, but not limited to, 144 limiting or preventing a state entity, local governmental 145 entity, or law enforcement agency from: 146 (a) Complying with an immigration detainer; 147 (b) Complying with a request from a federal immigration 148 agency to notify the agency before the release of an inmate or 149 detainee in the custody of the state entity, local governmental 150 entity, or law enforcement agency; 151 (c) Providing a federal immigration agency access to an 152 inmate for interview; 153 (d) Initiating an immigration status investigation; or 154 (e) Providing a federal immigration agency with an inmate’s 155 incarceration status or release date. 156 (7) “Sanctuary policymaker” means a state or local elected 157 official, or an appointed official of a local governmental 158 entity governing body, who has voted for, allowed to be 159 implemented, or voted against, the repeal or prohibition of a 160 sanctuary policy. 161 (8) “State entity” means the state or any office, board, 162 bureau, commission, department, branch, division, or institution 163 thereof, including institutions within the State University 164 System and the Florida College System. The term includes a 165 person holding public office or having official duties as a 166 representative, agent, or employee of such entity. 167 PART II 168 DUTIES 169 908.201 Sanctuary policies prohibited.—A state entity, 170 local governmental entity, or law enforcement agency may not 171 adopt or have in effect a sanctuary policy. 172 908.202 Cooperation with federal immigration authorities.— 173 (1) A state entity, local governmental entity, or law 174 enforcement agency shall fully comply with and, to the full 175 extent permitted by law, support the enforcement of federal 176 immigration law. This subsection is only applicable to an 177 official, representative, agent, or employee of such entity or 178 agency when he or she is acting within the scope of his or her 179 official duties or within the scope of his or her employment. 180 (2) Except as otherwise expressly prohibited by federal 181 law, a state entity, local governmental entity, or law 182 enforcement agency may not prohibit or in any way restrict 183 another state entity, local governmental entity, or law 184 enforcement agency from taking any of the following actions with 185 respect to information regarding a person’s immigration status: 186 (a) Sending such information to or requesting, receiving, 187 or reviewing such information from a federal immigration agency 188 for purposes of this chapter. 189 (b) Recording and maintaining such information for purposes 190 of this chapter. 191 (c) Exchanging such information with a federal immigration 192 agency or another state entity, local governmental entity, or 193 law enforcement agency for purposes of this chapter. 194 (d) Using such information to determine eligibility for a 195 public benefit, service, or license pursuant to federal or state 196 law or an ordinance or regulation of a local governmental 197 entity. 198 (e) Using such information to verify a claim of residence 199 or domicile if a determination of residence or domicile is 200 required under federal or state law, an ordinance or regulation 201 of a local governmental entity, or a judicial order issued 202 pursuant to a civil or criminal proceeding in this state. 203 (f) Using such information to comply with an immigration 204 detainer. 205 (g) Using such information to confirm the identity of a 206 person who is detained by a law enforcement agency. 207 (3)(a) This subsection applies only in a criminal case in 208 which: 209 1. The judgment requires the defendant to be confined in a 210 secure correctional facility; and 211 2. The judge: 212 a. Indicates in the record under s. 908.204 that the 213 defendant is subject to an immigration detainer; or 214 b. Otherwise indicates in the record that the defendant is 215 subject to a transfer into federal custody. 216 (b) In a criminal case described in paragraph (a), the 217 judge shall, at the time of pronouncement of a sentence of 218 confinement, issue an order requiring the secure correctional 219 facility in which the defendant is to be confined to reduce the 220 defendant’s sentence by a period of not more than 7 days on the 221 facility’s determination that the reduction in sentence will 222 facilitate the seamless transfer of the defendant into federal 223 custody. For purposes of this paragraph, the term “secure 224 correctional facility” means a state correctional institution, 225 as defined in s. 944.02, or a county detention facility or a 226 municipal detention facility, as defined in s. 951.23. 227 (c) If the applicable information described in subparagraph 228 (a)2. is not available at the time the sentence is pronounced in 229 the case, the judge shall issue the order described in paragraph 230 (b) as soon as the information becomes available. 231 (4) Notwithstanding any other provision of law, if a law 232 enforcement agency has received verification from a federal 233 immigration agency that an alien in the law enforcement agency’s 234 custody is unlawfully present in the United States, the law 235 enforcement agency may securely transport such alien to a 236 federal facility in this state or to another point of transfer 237 to federal custody outside the jurisdiction of the law 238 enforcement agency. A law enforcement agency must obtain 239 judicial authorization before securely transporting such alien 240 to a point of transfer outside of this state. 241 (5) This section does not require a state entity, local 242 governmental entity, or law enforcement agency to provide a 243 federal immigration agency with information related to a victim 244 of or a witness to a criminal offense if such victim or witness 245 timely and in good faith responds to the entity’s or agency’s 246 request for information and cooperation in the investigation or 247 prosecution of such offense. 248 (6) A state entity, local governmental entity, or law 249 enforcement agency that, pursuant to subsection (5), withholds 250 information regarding the immigration information of a victim of 251 or witness to a criminal offense shall document such victim’s or 252 witness’s cooperation in the entity’s or agency’s investigative 253 records related to the offense and shall retain such records for 254 at least 10 years for the purpose of audit, verification, or 255 inspection by the Auditor General. 256 908.203 Duties related to certain arrested persons.— 257 (1) If a person is arrested and is unable to provide proof 258 of his or her lawful presence in the United States, not later 259 than 48 hours after the person is arrested and before the person 260 is released on bond, the law enforcement agency performing the 261 booking process shall do all of the following: 262 (a) Review any information available from a federal 263 immigration agency, including under the federal Priority 264 Enforcement Program operated by the United States Immigration 265 and Customs Enforcement or a successor program. 266 (b) If information obtained under paragraph (a) reveals 267 that the person is not a citizen of the United States and is 268 unlawfully present in the United States according to the terms 269 of the federal Immigration and Nationality Act, 8 U.S.C. ss. 270 1101 et seq.: 271 1. Provide notice of that fact to the judge authorized to 272 grant or deny the person’s release on bail under chapter 903; 273 and 274 2. Record that fact in the person’s case file. 275 (2) A law enforcement agency is not required to perform a 276 duty imposed under subsection (1) with respect to a person who 277 is transferred to the custody of the agency by another law 278 enforcement agency if the transferring agency performed that 279 duty before transferring custody of the person. 280 (3) A judge who receives notice of a person’s immigration 281 status under this section shall ensure that such status is 282 recorded in the court record. 283 908.204 Duties related to immigration detainer.— 284 (1) A law enforcement agency that has custody of a person 285 subject to an immigration detainer issued by a federal 286 immigration agency shall do all of the following: 287 (a) Provide to the judge authorized to grant or deny the 288 person’s release on bail under chapter 903 notice that the 289 person is subject to an immigration detainer. 290 (b) Record in the person’s case file that the person is 291 subject to an immigration detainer. 292 (c) Comply with, honor, and fulfill the requests made in 293 the immigration detainer. 294 (2) A law enforcement agency is not required to perform a 295 duty imposed by paragraph (1)(a) or paragraph (1)(b) with 296 respect to a person who is transferred to the custody of the 297 agency by another law enforcement agency if the transferring 298 agency performed that duty before transferring custody of the 299 person. 300 (3) A judge who receives notice that a person is subject to 301 a detainer shall ensure that such fact is recorded in the court 302 record, regardless of whether the notice is received before or 303 after a judgment in the case. 304 908.205 Reimbursement of costs.— 305 (1) A board of county commissioners may adopt an ordinance 306 requiring a person detained pursuant to an immigration detainer 307 to reimburse the county for any expenses incurred in detaining 308 the person pursuant to the immigration detainer. A person 309 detained pursuant to an immigration detainer is not liable under 310 this section if a federal immigration agency determines that the 311 immigration detainer was improperly issued. 312 (2) A local governmental entity or law enforcement agency 313 may petition the Federal Government for reimbursement of the 314 entity’s or agency’s detention costs and the costs of compliance 315 with federal requests when such costs are incurred in support of 316 the enforcement of federal immigration law. 317 908.206 Duty to report.— 318 (1) An official, representative, agent, or employee of a 319 state entity, local governmental entity, or law enforcement 320 agency shall promptly report a known or probable violation of 321 this chapter to the Attorney General or the state attorney 322 having jurisdiction over the entity or agency. 323 (2) An official, representative, agent, or employee of a 324 state entity, local governmental entity, or law enforcement 325 agency who willfully and knowingly fails to report a known or 326 probable violation of this chapter may be suspended or removed 327 from office pursuant to general law and s. 7, Art. IV of the 328 State Constitution. 329 (3) A state entity, local governmental entity, or law 330 enforcement agency may not dismiss, discipline, take any adverse 331 personnel action as defined in s. 112.3187(3) against, or take 332 any adverse action described in s. 112.3187(4)(b) against, an 333 official, representative, agent, or employee for complying with 334 subsection (1). 335 (4) Section 112.3187 of the Whistle-blower’s Act applies to 336 an official, representative, agent, or employee of a state 337 entity, local governmental entity, or law enforcement agency who 338 is dismissed, disciplined, subjected to any adverse personnel 339 action as defined in s. 112.3187(3) or any adverse action 340 described in s. 112.3187(4)(b), or denied employment because he 341 or she complied with subsection (1). 342 908.207 Implementation.—This chapter shall be implemented 343 to the fullest extent permitted by federal law regulating 344 immigration and the legislative findings and intent declared in 345 s. 908.101. 346 PART III 347 ENFORCEMENT 348 908.301 Complaints.—The Attorney General shall prescribe 349 and provide through the Department of Legal Affairs’ website the 350 format for a person to submit a complaint alleging a violation 351 of this chapter. This section does not prohibit the filing of an 352 anonymous complaint or a complaint not submitted in the 353 prescribed format. Any person has standing to submit a complaint 354 under this chapter. 355 908.302 Enforcement; penalties.— 356 (1) The state attorney for the county in which a state 357 entity is headquartered or in which a local governmental entity 358 or law enforcement agency is located has primary responsibility 359 and authority for investigating credible complaints of a 360 violation of this chapter. The results of an investigation by a 361 state attorney shall be provided to the Attorney General in a 362 timely manner. 363 (2)(a) A state entity, local governmental entity, or law 364 enforcement agency against which the state attorney has received 365 a complaint shall comply with a document request from the state 366 attorney related to the complaint. 367 (b) If the state attorney determines that a complaint filed 368 against a state entity, local governmental entity, or law 369 enforcement agency is valid, the state attorney shall, not later 370 than the 10th day after the date of the determination, provide 371 written notification to the entity or agency that: 372 1. A complaint has been filed; 373 2. The state attorney has determined that the complaint is 374 valid; and 375 3. The state attorney is authorized to file an action to 376 enjoin the violation if the entity or agency does not come into 377 compliance with the requirements of this chapter on or before 378 the 60th day after the notification is provided. 379 (c) No later than the 30th day after the day a state 380 entity, local governmental entity, or law enforcement agency 381 receives written notification under paragraph (b), the state 382 entity or local governmental entity or agency shall provide the 383 state attorney with a copy of all of the following: 384 1. The entity’s or agency’s written policies and procedures 385 with respect to federal immigration agency enforcement actions, 386 including the entity’s or agency’s policies and procedures with 387 respect to immigration detainers. 388 2. Each immigration detainer received by the entity or 389 agency from a federal immigration agency in the current calendar 390 year-to-date and the two prior calendar years. 391 3. Each response sent by the entity or agency for an 392 immigration detainer described in subparagraph 2. 393 (3) The Attorney General, the state attorney who conducted 394 the investigation, or a state attorney ordered by the Governor 395 pursuant to s. 27.14 may institute proceedings in circuit court 396 to enjoin a state entity, local governmental entity, or law 397 enforcement agency found to be in violation of this chapter. The 398 court shall expedite an action under this section, including 399 setting a hearing at the earliest practicable date. 400 (4) Upon adjudication by the court or as provided in a 401 consent decree declaring that a state entity, local governmental 402 entity, or law enforcement agency has violated this chapter, the 403 court shall enjoin the unlawful sanctuary policy and order that 404 such entity or agency pay a civil penalty to the state of at 405 least $1,000 but not more than $5,000 for each day that the 406 sanctuary policy was in effect commencing on October 1, 2017, or 407 the date the sanctuary policy was first enacted, whichever is 408 later, until the date the injunction was granted. The court 409 shall have continuing jurisdiction over the parties and subject 410 matter and may enforce its orders with imposition of additional 411 civil penalties as provided for in this section and contempt 412 proceedings as provided by law. 413 (5) An order approving a consent decree or granting an 414 injunction or civil penalty pursuant to subsection (4) must 415 include written findings of fact that describe with specificity 416 the existence and nature of the sanctuary policy in violation of 417 s. 908.201 and which identify each sanctuary policymaker who 418 voted for, allowed to be implemented, or voted against, the 419 repeal or prohibition of the sanctuary policy. The court shall 420 provide a copy of the consent decree or order granting an 421 injunction or civil penalty which contains the written findings 422 required by this subsection to the Governor within 30 days after 423 the date of rendition. A sanctuary policymaker identified in an 424 order approving a consent decree or granting an injunction or 425 civil penalty may be suspended or removed from office pursuant 426 to general law and s. 7, Art. IV of the State Constitution. 427 (6) A state entity, local governmental entity, or law 428 enforcement agency ordered to pay a civil penalty pursuant to 429 subsection (4) shall remit payment to the Chief Financial 430 Officer, who shall deposit such payment into the General Revenue 431 Fund. 432 (7) Except as required by law, public funds may not be used 433 to defend or reimburse a sanctuary policymaker or an official, 434 representative, agent, or employee of a state entity, local 435 governmental entity, or law enforcement agency who knowingly and 436 willfully violates this chapter. 437 908.303 Civil cause of action for personal injury or 438 wrongful death attributed to a sanctuary policy; trial by jury; 439 required written findings.— 440 (1) A person injured by the tortious acts or omissions of 441 an alien unlawfully present in the United States, or the 442 personal representative of a person killed by the tortious acts 443 or omissions of an alien unlawfully present in the United 444 States, has a cause of action for damages against a state 445 entity, local governmental entity, or law enforcement agency in 446 violation of ss. 908.201 and 908.202 upon proof by the greater 447 weight of the evidence of: 448 (a) The existence of a sanctuary policy in violation of s. 449 908.201; and 450 (b) A failure to comply with a provision of s. 908.202 451 resulting in such alien’s having access to the person injured or 452 killed when the tortious acts or omissions occurred. 453 (2) A cause of action brought pursuant to subsection (1) 454 may not be brought against a person who holds public office or 455 who has official duties as a representative, agent, or employee 456 of a state entity, local governmental entity, or law enforcement 457 agency, including a sanctuary policymaker. 458 (3) Trial by jury is a matter of right in an action brought 459 under this section. 460 (4) A final judgment entered in favor of a plaintiff in a 461 cause of action brought pursuant to this section must include 462 written findings of fact that describe with specificity the 463 existence and nature of the sanctuary policy in violation of s. 464 908.201 and that identify each sanctuary policymaker who voted 465 for, allowed to be implemented, or voted against, the repeal or 466 prohibition of the sanctuary policy. The court shall provide a 467 copy of the final judgment containing the written findings 468 required by this subsection to the Governor within 30 days after 469 the date of rendition. A sanctuary policymaker identified in a 470 final judgment may be suspended or removed from office pursuant 471 to general law and s. 7, Art. IV of the State Constitution. 472 (5) Except as provided in this section, this chapter does 473 not create a private cause of action against a state entity, 474 local governmental entity, or law enforcement agency that 475 complies with this chapter. 476 908.304 Ineligibility for state grant funding.— 477 (1) Notwithstanding any other provision of law, a state 478 entity, local governmental entity, or law enforcement agency is 479 ineligible to receive funding from nonfederal grant programs 480 administered by state agencies that receive funding from the 481 General Appropriations Act for a period of 5 years from the date 482 of adjudication that such state entity, local governmental 483 entity, or law enforcement agency had in effect a sanctuary 484 policy in violation of this chapter. 485 (2) The Chief Financial Officer shall be notified by the 486 state attorney of an adjudicated violation of this chapter by a 487 state entity, local governmental entity, or law enforcement 488 agency and be provided with a copy of the final court 489 injunction, order, or judgment. Upon receiving such notice, the 490 Chief Financial Officer shall timely inform all state agencies 491 that administer nonfederal grant funding of the adjudicated 492 violation by the state entity, local governmental entity, or law 493 enforcement agency and direct such agencies to cancel all 494 pending grant applications and enforce the ineligibility of such 495 entity or agency for the prescribed period. 496 (3) This section does not apply to: 497 (a) Funding that is received as a result of an 498 appropriation to a specifically named state entity, local 499 governmental entity, or law enforcement agency in the General 500 Appropriations Act or other law. 501 (b) Grants awarded before the date of adjudication that 502 such state entity, local governmental entity, or law enforcement 503 agency had in effect a sanctuary policy in violation of this 504 chapter. 505 PART IV 506 MISCELLANEOUS 507 908.401 Education records.—This chapter does not apply to 508 the release of information contained in education records of an 509 educational agency or institution, except in conformity with the 510 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 511 1232g. 512 908.402 Discrimination prohibited.—A state entity, local 513 governmental entity, or law enforcement agency, or a person 514 employed by or otherwise under the direction or control of such 515 an entity, may not base its actions under this chapter on the 516 gender, race, religion, national origin, or physical disability 517 of a person except to the extent permitted by the United States 518 Constitution or the State Constitution. 519 Section 3. A sanctuary policy, as defined in s. 908.102, 520 Florida Statutes, as created by this act, which is in effect on 521 July 1, 2017, must be repealed within 90 days after that date. 522 Section 4. Except for sections 908.302 and 908.303, Florida 523 Statutes, as created by this act, which shall take effect 524 October 1, 2017, this act shall take effect July 1, 2017.