Florida Senate - 2022                                    SB 1808
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01386B-22                                           20221808__
    1                        A bill to be entitled                      
    2         An act relating to immigration enforcement; amending
    3         s. 908.102, F.S.; revising the definition of the term
    4         “sanctuary policy” to include specified laws,
    5         policies, practices, procedures, or customs that limit
    6         or prohibit a law enforcement agency from providing
    7         specified immigration information to a state entity;
    8         creating s. 908.11, F.S.; requiring each law
    9         enforcement agency operating a county detention
   10         facility to enter into a specified agreement with the
   11         United States Immigration and Customs Enforcement to
   12         assist with immigration enforcement; requiring such
   13         agency to report specified information concerning such
   14         agreement quarterly to the Department of Law
   15         Enforcement; creating s. 908.111, F.S.; providing
   16         definitions; prohibiting a governmental entity from
   17         executing, amending, or renewing a contract with
   18         common carriers under certain circumstances; requiring
   19         specified governmental entity contracts with common
   20         carriers to include specified provisions on or after a
   21         certain date; requiring the Department of Management
   22         Services to develop a specified form; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (6) of section 908.102, Florida
   28  Statutes, is amended to read:
   29         908.102 Definitions.—As used in this chapter, the term:
   30         (6) “Sanctuary policy” means a law, policy, practice,
   31  procedure, or custom adopted or allowed by a state entity or
   32  local governmental entity which prohibits or impedes a law
   33  enforcement agency from complying with 8 U.S.C. s. 1373 or which
   34  prohibits or impedes a law enforcement agency from communicating
   35  or cooperating with a federal immigration agency so as to limit
   36  such law enforcement agency in, or prohibit the agency from:
   37         (a) Complying with an immigration detainer;
   38         (b) Complying with a request from a federal immigration
   39  agency to notify the agency before the release of an inmate or
   40  detainee in the custody of the law enforcement agency;
   41         (c) Providing a federal immigration agency access to an
   42  inmate for interview;
   43         (d) Participating in any program or agreement authorized
   44  under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s.
   45  1357 as required by s. 908.11; or
   46         (e) Providing a federal immigration agency with an inmate’s
   47  incarceration status or release date; or
   48         (f)Providing information to a state entity on the
   49  immigration status of an inmate or detainee in the custody of
   50  the law enforcement agency.
   51         Section 2. Section 908.11, Florida Statutes, is created to
   52  read:
   53         908.11Immigration enforcement assistance agreements;
   54  reporting requirement.—
   55         (1)By January 1, 2023, each law enforcement agency
   56  operating a county detention facility must enter into a written
   57  agreement with the United States Immigration and Customs
   58  Enforcement to participate in the immigration program
   59  established under s. 287(g) of the Immigration and Nationality
   60  Act, 8 U.S.C. s. 1357. This subsection does not require a law
   61  enforcement agency to participate in a particular program model.
   62         (2)Beginning no later than October 1, 2022, and until the
   63  law enforcement agency enters into the written agreement
   64  required under subsection (1), each law enforcement agency
   65  operating a county detention facility must notify the Department
   66  of Law Enforcement quarterly of the status of such written
   67  agreement and any reason for noncompliance with this section, if
   68  applicable.
   69         Section 3. Section 908.111, Florida Statutes, is created to
   70  read:
   71         908.111Prohibition against governmental entity contracts
   72  with common carriers; required termination provisions.—
   73         (1)As used in this section, the term:
   74         (a)“Common carrier” means a person, firm, or corporation
   75  that undertakes for hire, as a regular business, to transport
   76  persons or commodities from place to place offering his or her
   77  services to all such as may choose to employ the common carrier
   78  and pay his or her charges.
   79         (b)“Governmental entity” means an agency of the state, a
   80  regional or a local government created by the State Constitution
   81  or by general or special act, a county or municipality, or any
   82  other entity that independently exercises governmental
   83  authority.
   84         (c)“Unauthorized alien” means a person who is not
   85  authorized under federal law to be employed in the United
   86  States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall
   87  be interpreted consistently with that section and any applicable
   88  federal rules or regulations.
   89         (2)A governmental entity may not execute, amend, or renew
   90  a contract with a common carrier if the carrier is willfully
   91  providing any service in furtherance of transporting an
   92  unauthorized alien into the State of Florida knowing that the
   93  unauthorized alien entered into or remains in the United States
   94  in violation of law.
   95         (3)A contract between a governmental entity and a common
   96  carrier which is executed, amended, or renewed on or after
   97  October 1, 2022, including a grant agreement or economic
   98  incentive program payment agreement, must include:
   99         (a)An attestation by the common carrier, verified as
  100  provided in s. 92.525, that the common carrier is not willfully
  101  providing and will not willfully provide any service during the
  102  contract term in furtherance of transporting an unauthorized
  103  alien into the state knowing that the unauthorized alien entered
  104  into or remains in the United States in violation of law. A
  105  governmental entity is deemed to be in compliance with
  106  subsection (2) upon receipt of the common carrier’s attestation.
  107         (b)A provision for termination for cause of the contract,
  108  grant agreement, or economic incentive program payment agreement
  109  if a common carrier, despite the attestation, is found to be
  110  willfully providing any service in furtherance of transporting
  111  an unauthorized alien into the state knowing the unauthorized
  112  alien entered into or remains in the United States in violation
  113  of law.
  114         (4)The Department of Management Services shall develop by
  115  rule a common carrier attestation form no later than August 30,
  116  2022.
  117         Section 4. This act shall take effect upon becoming a law.