Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 168
       
       
       
       
       
       
                                Ì246112mÎ246112                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/21/2019           .                                
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Short title.—This act may be cited as the “Rule
    6  of Law Adherence Act.”
    7         Section 2. Chapter 908, Florida Statutes, consisting of
    8  sections 908.101-908.402, is created to read:
    9         908.101Legislative findings and intent.—The Legislature
   10  finds that it is an important state interest to cooperate and
   11  assist the federal government in the enforcement of federal
   12  immigration laws within this state.
   13         908.102Definitions.—As used in this chapter, the term:
   14         (1)“Federal immigration agency” means the United States
   15  Department of Justice and the United States Department of
   16  Homeland Security, a division within such an agency, including
   17  United States Immigration and Customs Enforcement and United
   18  States Customs and Border Protection, any successor agency, and
   19  any other federal agency charged with the enforcement of
   20  immigration law. The term includes an official or employee of
   21  such an agency.
   22         (2)“Immigration detainer” means a facially sufficient
   23  written or electronic request issued by a federal immigration
   24  agency using that agency’s official form to request that another
   25  law enforcement agency detain a person based on probable cause
   26  to believe that the person to be detained is a removable alien
   27  under federal immigration law, including detainers issued
   28  pursuant to 8 U.S.C. ss. 1226 and 1357. For purposes of this
   29  subsection, an immigration detainer is deemed facially
   30  sufficient if:
   31         (a)The federal immigration agency’s official form is
   32  complete and indicates on its face that the federal immigration
   33  official has probable cause to believe that the person to be
   34  detained is a removable alien under federal immigration law; or
   35         (b)The federal immigration agency’s official form is
   36  incomplete and fails to indicate on its face that the federal
   37  immigration official has probable cause to believe that the
   38  person to be detained is a removable alien under federal
   39  immigration law, but is supported by an affidavit, order, or
   40  other official documentation that indicates that the federal
   41  immigration agency has probable cause to believe that the person
   42  to be detained is a removable alien under federal immigration
   43  law.
   44         (3)“Inmate” means a person in the custody of a law
   45  enforcement agency.
   46         (4)“Law enforcement agency” means an agency in this state
   47  charged with enforcement of state, county, municipal, or federal
   48  laws or with managing custody of detained persons in the state
   49  and includes municipal police departments, sheriff’s offices,
   50  state police departments, state university and college police
   51  departments, and the Department of Corrections. The term
   52  includes an official or employee of such an agency.
   53         (5)“Local governmental entity” means any county,
   54  municipality, or other political subdivision of this state. The
   55  term includes a person holding public office or having official
   56  duties as a representative, agent, or employee of the entity.
   57         (6)“Sanctuary policy” means a law, policy, practice,
   58  procedure, or custom adopted or permitted by a state entity,
   59  local governmental entity, or law enforcement agency which
   60  contravenes 8 U.S.C. s. 1373(a) or (b) or which knowingly
   61  prohibits or impedes a law enforcement agency from communicating
   62  or cooperating with a federal immigration agency with respect to
   63  federal immigration enforcement, including, but not limited to,
   64  limiting a state entity, local governmental entity, or law
   65  enforcement agency in, or prohibiting such an entity or agency
   66  from:
   67         (a)Complying with an immigration detainer;
   68         (b)Complying with a request from a federal immigration
   69  agency to notify the agency before the release of an inmate or
   70  detainee in the custody of the state entity, local governmental
   71  entity, or law enforcement agency;
   72         (c)Providing a federal immigration agency access to an
   73  inmate for interview;
   74         (d)Initiating an immigration status investigation; or
   75         (e)Providing a federal immigration agency with an inmate’s
   76  incarceration status or release date.
   77         (7)“State entity” means the state or any office, board,
   78  bureau, commission, department, branch, division, or institution
   79  thereof, including institutions within the State University
   80  System and the Florida College System. The term includes a
   81  person holding public office or having official duties as a
   82  representative, agent, or employee of the entity.
   83         908.201Sanctuary policies prohibited.—A state entity, law
   84  enforcement agency, or local governmental entity may not adopt
   85  or have in effect a sanctuary policy.
   86         908.202Cooperation with federal immigration authorities.—
   87         (1)A state entity, local governmental entity, or law
   88  enforcement agency shall fully comply with and, to the full
   89  extent permitted by law, support the enforcement of federal
   90  immigration law. This subsection applies to an official,
   91  representative, agent, or employee of the entity or agency only
   92  when he or she is acting within the scope of his or her official
   93  duties or within the scope of his or her employment.
   94         (2)Except as otherwise expressly prohibited by federal
   95  law, a state entity, local governmental entity, or law
   96  enforcement agency may not prohibit or in any way restrict
   97  another state entity, local governmental entity, or law
   98  enforcement agency from taking any of the following actions with
   99  respect to information regarding a person’s immigration status:
  100         (a)Sending the information to or requesting, receiving, or
  101  reviewing the information from a federal immigration agency for
  102  purposes of this chapter.
  103         (b)Recording and maintaining the information for purposes
  104  of this chapter.
  105         (c)Exchanging the information with a federal immigration
  106  agency or another state entity, local governmental entity, or
  107  law enforcement agency for purposes of this chapter.
  108         (d)Using the information to determine eligibility for a
  109  public benefit, service, or license pursuant to federal or state
  110  law or an ordinance or regulation of a local governmental
  111  entity.
  112         (e)Using the information to verify a claim of residence or
  113  domicile if a determination of residence or domicile is required
  114  under federal or state law, an ordinance or regulation of a
  115  local governmental entity, or a judicial order issued pursuant
  116  to a civil or criminal proceeding in this state.
  117         (f)Using the information to comply with an immigration
  118  detainer.
  119         (g)Using the information to confirm the identity of a
  120  person who is detained by a law enforcement agency.
  121         (3)(a)For purposes of this subsection the term “applicable
  122  criminal case” means a criminal case in which:
  123         1.The judgment requires the defendant to be confined in a
  124  secure correctional facility; and
  125         2.The judge:
  126         a.Indicates in the record under s. 908.204 that the
  127  defendant is subject to an immigration detainer; or
  128         b.Otherwise indicates in the record that the defendant is
  129  subject to a transfer into federal custody.
  130         (b)In an applicable criminal case, at the time of
  131  pronouncement of a sentence of confinement, the judge shall
  132  issue an order requiring the secure correctional facility in
  133  which the defendant is to be confined to reduce the defendant’s
  134  sentence by a period of not more than 7 days on the facility’s
  135  determination that the reduction in sentence will facilitate the
  136  seamless transfer of the defendant into federal custody. For
  137  purposes of this paragraph, the term “secure correctional
  138  facility” means a state correctional institution as defined in
  139  s. 944.02 or a county detention facility or a municipal
  140  detention facility as defined in s. 951.23.
  141         (c)If the information specified in sub-subparagraph
  142  (a)2.a. or sub-subparagraph (a)2.b. is not available at the time
  143  the sentence is pronounced in the case, the judge shall issue
  144  the order described by paragraph (b) as soon as the information
  145  becomes available.
  146         (4)When a law enforcement agency receives verification
  147  from a federal immigration agency that an alien in the law
  148  enforcement agency’s custody is unlawfully present in the United
  149  States, the agency may securely transport the alien to a federal
  150  facility in this state or to another point of transfer to
  151  federal custody outside the jurisdiction of the law enforcement
  152  agency. However, the law enforcement agency may transport an
  153  alien who is confined in a secure correctional facility only
  154  upon authorization by a court order unless the transportation
  155  will occur within the 7 day period under subsection (3). A law
  156  enforcement agency shall obtain judicial authorization before
  157  securely transporting an alien to a point of transfer outside of
  158  this state.
  159         (5)This section does not require a state entity, local
  160  governmental entity, or law enforcement agency to provide a
  161  federal immigration agency with information related to a victim
  162  of or a witness to a criminal offense if the victim or witness
  163  timely and in good faith responds to the entity’s or agency’s
  164  request for information and cooperation in the investigation or
  165  prosecution of the offense.
  166         (6)A state entity, local governmental entity, or law
  167  enforcement agency that, pursuant to subsection (5), withholds
  168  information regarding the immigration information of a victim of
  169  or witness to a criminal offense shall document the victim’s or
  170  witness’s cooperation in the entity’s or agency’s investigative
  171  records related to the offense and shall retain the records for
  172  at least 10 years for the purpose of audit, verification, or
  173  inspection by the Auditor General.
  174         908.203Duties related to certain arrested persons.—
  175         (1)If a person is arrested and is unable to provide proof
  176  of his or her lawful presence in the United States, not later
  177  than 48 hours after the person is arrested, and before the
  178  person is released on bond, a law enforcement agency performing
  179  the booking process:
  180         (a)Shall review any information available from a federal
  181  immigration agency.
  182         (b)If information obtained under paragraph (a) reveals
  183  that the person is not a citizen of the United States and is
  184  unlawfully present in the United States according to the terms
  185  of the federal Immigration and Nationality Act, 8 U.S.C. ss.
  186  1101 et seq., must:
  187         1.Provide prompt notice of the person’s arrest and charges
  188  to a federal immigration agency.
  189         2.Provide notice of that fact to the judge authorized to
  190  grant or deny the person’s release on bail under chapter 903.
  191         3.Record the person’s arrest and charges in the person’s
  192  case file.
  193         (2)A law enforcement agency is not required to perform the
  194  duty imposed by subsection (1) with respect to a person who is
  195  transferred to the custody of the agency by another law
  196  enforcement agency if the transferring agency performed that
  197  duty before the transfer.
  198         (3)A judge who receives notice of a person’s immigration
  199  status under this section shall cause the status to be recorded
  200  in the court record.
  201         908.204Duties related to immigration detainers.—
  202         (1)A law enforcement agency that has custody of a person
  203  subject to an immigration detainer issued by a federal
  204  immigration agency shall:
  205         (a)Provide to the judge authorized to grant or deny the
  206  person’s release on bail under chapter 903 notice that the
  207  person is subject to an immigration detainer.
  208         (b)Record in the person’s case file that the person is
  209  subject to an immigration detainer.
  210         (c)Upon determining that the immigration detainer is in
  211  accordance with subsection (2), comply with the requests made in
  212  the immigration detainer.
  213         (2)A law enforcement agency is not required to perform a
  214  duty imposed by paragraph (1)(a) or paragraph (1)(b) with
  215  respect to a person who is transferred to the custody of the
  216  agency by another law enforcement agency if the transferring
  217  agency performed that duty before the transfer.
  218         (3)A judge who receives notice that a person is subject to
  219  an immigration detainer shall cause the fact to be recorded in
  220  the court record, regardless of whether the notice is received
  221  before or after a judgment in the case.
  222         908.205Reimbursement of costs.—
  223         (1)A board of county commissioners may adopt an ordinance
  224  requiring a person detained pursuant to an immigration detainer
  225  to reimburse the county for any expenses incurred in detaining
  226  the person pursuant to the immigration detainer. A person
  227  detained pursuant to an immigration detainer is not liable under
  228  this section if a federal immigration agency determines that the
  229  immigration detainer was improperly issued.
  230         (2)A local governmental entity or law enforcement agency
  231  shall enter into an agreement for payment for detaining aliens
  232  and complying with federal requests when the costs are incurred
  233  in support of the enforcement of federal immigration law.
  234  Compliant agreements include any basic ordering agreements
  235  between the U.S. Immigration and Customs Enforcement and state
  236  and local law enforcement agencies in effect on July 1, 2019, or
  237  similar agreements and other agreements authorized by federal
  238  law. If the payments are not made within 90 days from the
  239  submission of an invoice, the local government or law
  240  enforcement agency may suspend its cooperation pending payment
  241  but shall immediately resume the cooperation upon payment by the
  242  federal government of the amounts.
  243         908.302Enforcement.—
  244         (1)Upon adjudication by the court or as provided in a
  245  consent decree declaring that a state entity, local governmental
  246  entity, or law enforcement agency has violated this chapter, the
  247  court shall enjoin the unlawful sanctuary policy and may award
  248  reasonable costs and attorney fees to the plaintiff.The court
  249  has continuing jurisdiction over the parties and subject matter
  250  and may enforce its orders with the initiation of contempt
  251  proceedings as provided by law.
  252         (2)An order approving a consent decree or granting an
  253  injunction must include written findings of fact that describe
  254  with specificity the existence and nature of the sanctuary
  255  policy that is in violation of s. 908.201.
  256         908.401Education records.—This chapter does not apply to
  257  the release of information contained in education records of an
  258  educational agency or institution, except in conformity with the
  259  Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s.
  260  1232g.
  261         908.402Discrimination prohibited.—A state entity, a local
  262  governmental entity, or a law enforcement agency, or a person
  263  employed by or otherwise under the direction or control of the
  264  entity or agency, may not base its actions under this chapter on
  265  the gender, race, religion, national origin, or physical
  266  disability of a person except to the extent authorized by the
  267  United States Constitution or the State Constitution.
  268         Section 3. A sanctuary policy, as defined in s. 908.102,
  269  Florida Statutes, as created by this act, that is in effect on
  270  the effective date of this act violates the public policy of
  271  this state and must be repealed within 90 days after that date.
  272         Section 4. Section 908.302, Florida Statutes, as created by
  273  this act, shall take effect October 1, 2019, and, except as
  274  otherwise expressly provided in this act, this act shall take
  275  effect July 1, 2019.
  276  ================= T I T L E  A M E N D M E N T ================
  277  And the title is amended as follows:
  278         Delete everything before the enacting clause
  279  and insert:
  280                        A bill to be entitled                      
  281         An act relating to federal immigration enforcement;
  282         providing a short title; creating chapter 908, F.S.,
  283         relating to federal immigration enforcement; providing
  284         legislative findings and intent; providing
  285         definitions; prohibiting sanctuary policies; requiring
  286         state entities, local governmental entities, and law
  287         enforcement agencies to comply with and support the
  288         enforcement of federal immigration law; prohibiting
  289         restrictions by the entities and agencies on taking
  290         certain actions with respect to information regarding
  291         a person’s immigration status; providing requirements
  292         concerning certain criminal defendants subject to
  293         immigration detainers or otherwise subject to transfer
  294         to federal custody; authorizing a law enforcement
  295         agency to transport an alien unlawfully present in the
  296         United States under certain circumstances; providing
  297         an exception to reporting requirements for crime
  298         victims or witnesses; requiring recordkeeping relating
  299         to crime victim and witness cooperation in certain
  300         investigations; specifying duties concerning certain
  301         arrested persons; specifying duties concerning
  302         immigration detainers; requiring local government
  303         entities and law enforcement agencies to enter
  304         agreements for payments for complying with immigration
  305         detainers; providing for injunctive relief and awards
  306         of costs and attorney fees to prevailing plaintiffs;
  307         providing for applicability to certain education
  308         records; prohibiting discrimination on specified
  309         grounds; providing for implementation; requiring
  310         repeal of existing sanctuary policies within a
  311         specified period; providing effective dates.
  312