Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 168 Ì246112mÎ246112 LEGISLATIVE ACTION Senate . House Comm: WD . 02/21/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 9 908.101 Legislative 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. 13 908.102 Definitions.—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. 83 908.201 Sanctuary policies prohibited.—A state entity, law 84 enforcement agency, or local governmental entity may not adopt 85 or have in effect a sanctuary policy. 86 908.202 Cooperation 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. 174 908.203 Duties 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. 201 908.204 Duties 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. 222 908.205 Reimbursement 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. 243 908.302 Enforcement.— 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. 256 908.401 Education 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. 261 908.402 Discrimination 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