Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 1808 Ì4444821Î444482 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/22/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (6) of section 908.102, Florida 6 Statutes, is amended to read: 7 908.102 Definitions.—As used in this chapter, the term: 8 (6) “Sanctuary policy” means a law, policy, practice, 9 procedure, or custom adopted or allowed by a state entity or 10 local governmental entity which prohibits or impedes a law 11 enforcement agency from complying with 8 U.S.C. s. 1373 or which 12 prohibits or impedes a law enforcement agency from communicating 13 or cooperating with a federal immigration agency so as to limit 14 such law enforcement agency in, or prohibit the agency from: 15 (a) Complying with an immigration detainer; 16 (b) Complying with a request from a federal immigration 17 agency to notify the agency before the release of an inmate or 18 detainee in the custody of the law enforcement agency; 19 (c) Providing a federal immigration agency access to an 20 inmate for interview; 21 (d) Participating in any program or agreement authorized 22 under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 23 1357 as required by s. 908.11;or24 (e) Providing a federal immigration agency with an inmate’s 25 incarceration status or release date; or 26 (f) Providing information to a state entity on the 27 immigration status of an inmate or detainee in the custody of 28 the law enforcement agency. 29 Section 2. Section 908.11, Florida Statutes, is created to 30 read: 31 908.11 Immigration enforcement assistance agreements; 32 reporting requirement.— 33 (1) By January 1, 2023, each law enforcement agency 34 operating a county detention facility must enter into a written 35 agreement with the United States Immigration and Customs 36 Enforcement to participate in the immigration program 37 established under s. 287(g) of the Immigration and Nationality 38 Act, 8 U.S.C. s. 1357. This subsection does not require a law 39 enforcement agency to participate in a particular program model. 40 (2) Beginning no later than October 1, 2022, and until the 41 law enforcement agency enters into the written agreement 42 required under subsection (1), each law enforcement agency 43 operating a county detention facility must notify the Department 44 of Law Enforcement quarterly of the status of such written 45 agreement and any reason for noncompliance with this section, if 46 applicable. 47 Section 3. Section 908.111, Florida Statutes, is created to 48 read: 49 908.111 Prohibition against governmental entity contracts 50 with common carriers; required termination provisions.— 51 (1) As used in this section, the term: 52 (a) “Common carrier” means a person, firm, or corporation 53 that undertakes for hire, as a regular business, to transport 54 persons or commodities from place to place, offering his or her 55 services to all such as may choose to employ the common carrier 56 and pay his or her charges. 57 (b) “Contract” means a contract that is subject to the 58 competitive procurement requirements of the contracting 59 governmental entity or a contract for an amount or duration 60 requiring it to include written provisions under the procurement 61 requirements of the governmental entity. 62 (c) “Governmental entity” means an agency of the state, a 63 regional or local government created by the State Constitution 64 or by a general or special act, a county or municipality, or any 65 other entity that independently exercises governmental 66 authority. 67 (d) “Unauthorized alien” means a person who is unlawfully 68 present in the United States according to the terms of the 69 federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et 70 seq. The term shall be interpreted consistently with any 71 applicable federal statutes, rules, or regulations. 72 (2) A governmental entity may not execute, amend, or renew 73 a contract with a common carrier or contracted carrier if the 74 carrier is willfully providing any service in furtherance of 75 transporting a person into the State of Florida knowing that the 76 person is an unauthorized alien, except to facilitate the 77 detention, removal, or departure of the person from this state 78 or the United States. 79 (3) A contract between a governmental entity and a common 80 carrier or contracted carrier which is executed, amended, or 81 renewed on or after October 1, 2022, including a grant agreement 82 or economic incentive program payment agreement, must include: 83 (a) An attestation by the common carrier or contracted 84 carrier, in conformity with s. 92.525, that the common carrier 85 or contracted carrier is not willfully providing and will not 86 willfully provide any service during the contract term in 87 furtherance of transporting a person into this state knowing 88 that the person is an unauthorized alien, except to facilitate 89 the detention, removal, or departure of the person from this 90 state or the United States. A governmental entity is deemed to 91 be in compliance with subsection (2) upon receipt of the common 92 carrier’s attestation; and 93 (b) A provision for termination for cause of the contract, 94 grant agreement, or economic incentive program payment agreement 95 if a common carrier or contracted carrier is found in violation 96 of its attestation. 97 (4) The Department of Management Services shall develop by 98 rule a common carrier and contracted carrier attestation form no 99 later than August 30, 2022. 100 Section 4. This act shall take effect upon becoming a law. 101 102 ================= T I T L E A M E N D M E N T ================ 103 And the title is amended as follows: 104 Delete everything before the enacting clause 105 and insert: 106 A bill to be entitled 107 An act relating to immigration enforcement; amending 108 s. 908.102, F.S.; revising the definition of the term 109 “sanctuary policy” to include specified laws, 110 policies, practices, procedures, or customs that limit 111 or prohibit a law enforcement agency from providing 112 specified immigration information to a state entity; 113 creating s. 908.11, F.S.; requiring each law 114 enforcement agency operating a county detention 115 facility to enter into a specified agreement with the 116 United States Immigration and Customs Enforcement to 117 assist with immigration enforcement; requiring such 118 agency to report specified information concerning such 119 agreement quarterly to the Department of Law 120 Enforcement; creating s. 908.111, F.S.; providing 121 definitions; prohibiting a governmental entity from 122 executing, amending, or renewing a contract with 123 common carriers or contracted carriers under certain 124 circumstances; requiring specified governmental entity 125 contracts with common carriers or contracted carriers 126 to include specified provisions on or after a certain 127 date; requiring the Department of Management Services 128 to develop a specified form; providing an effective 129 date.