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;or46 (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: 53 908.11 Immigration 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: 71 908.111 Prohibition 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.