Florida Senate - 2023 SB 1718
By Senator Ingoglia
1 A bill to be entitled
2 An act relating to immigration; creating ss. 125.0156
3 and 166.246, F.S.; prohibiting counties and
4 municipalities, respectively, from providing funds to
5 any person, entity, or organization to issue
6 identification documents to an individual who does not
7 provide proof of lawful presence in the United States;
8 creating s. 322.033, F.S.; specifying that certain
9 driver licenses and permits issued by other states
10 exclusively to unauthorized immigrants are not valid
11 in this state; requiring law enforcement officers and
12 authorized representatives of the Department of
13 Highway Safety and Motor Vehicles to cite a person
14 driving with a specified invalid license; requiring
15 the department to maintain a list on its website of
16 out-of-state classes of driver licenses that are
17 invalid in this state; amending s. 322.04, F.S.;
18 revising the circumstances under which certain persons
19 are exempt from obtaining a driver license; creating
20 s. 395.3027, F.S.; requiring certain hospitals to
21 collect patient immigration status data information on
22 admission or registration forms; requiring hospitals
23 to submit quarterly reports to the Agency for Health
24 Care Administration containing specified information;
25 requiring the agency to submit an annual report to the
26 Governor and the Legislature containing specified
27 information; authorizing the agency to adopt rules;
28 prohibiting rules requiring the disclosure of patient
29 names to the agency; amending s. 448.09, F.S.;
30 increasing the maximum fine that may be imposed for a
31 first violation of specified provisions relating to
32 employing, hiring, recruiting, or referring aliens for
33 private or public employment; providing a fine for
34 second or subsequent violations of specified
35 provisions after a certain previous conviction
36 relating to employing, hiring, recruiting, or
37 referring aliens for private or public employment;
38 providing criminal penalties for certain aliens who
39 knowingly use false identification documents or who
40 fraudulently use identification documents of another
41 person for the purpose of obtaining employment; making
42 technical changes; amending s. 448.095, F.S.; deleting
43 the definition of the term “department”; requiring a
44 private employer to verify a person’s employment
45 eligibility before recruiting or referring for a fee a
46 person for employment; requiring a private employer to
47 retain specified copies for at least a certain number
48 of years; deleting a provision absolving private
49 employers of civil or criminal liability for complying
50 with certain provisions; creating a certain rebuttable
51 presumption that the private employer has not violated
52 specified provisions with respect to the hiring,
53 recruitment, or referral for employment of an
54 unauthorized alien; establishing an affirmative
55 defense to an allegation that the private employer has
56 not violated specified provisions with respect to the
57 hiring, recruitment, or referral for employment of an
58 unauthorized alien; prohibiting a private employer
59 from continuing to employ an unauthorized alien after
60 obtaining knowledge that a person is or has become an
61 unauthorized alien; authorizing the Department of
62 Economic Opportunity to request, and requiring a
63 private employer to provide, copies of specified
64 documentation; requiring a person or an entity that
65 determines or finds that a private employer has
66 violated certain provisions to notify the department;
67 revising the required actions that the department must
68 take if a private employer does not comply with
69 specified provisions, including imposing fines for
70 first, second, or subsequent violations; requiring
71 that specified fines be deposited into the General
72 Revenue Fund; requiring the department to provide
73 certain notice to private employers for any action
74 taken pursuant to specified provisions; requiring the
75 department to notify private employers of the
76 opportunity for a hearing pursuant to specified
77 provisions; deleting provisions relating to penalties
78 imposed upon private employers for specified
79 violations; conforming provisions to changes made by
80 the act; amending s. 454.021, F.S.; deleting a
81 provision authorizing an unauthorized immigrant to
82 obtain a license to practice law in this state under
83 certain circumstances; providing applicability;
84 amending s. 787.07, F.S.; providing criminal penalties
85 for persons who knowingly and willfully violate, or
86 who reasonably should know and who violate, certain
87 provisions relating to the transporting into or within
88 this state, or the concealing, harboring, or shielding
89 from detection, or the attempt thereof, of individuals
90 who illegally entered the United States; providing
91 enhanced criminal penalties for prior convictions of
92 specified provisions; defining the term “conviction”;
93 providing circumstances that give rise to a certain
94 inference; requiring that persons who violate certain
95 provisions be held in custody; making technical
96 changes; amending s. 908.104, F.S.; specifying that a
97 state entity, local governmental entity, or law
98 enforcement agency, or an employee, an agent, or a
99 representative of the entity or agency, may not
100 prohibit or in any way restrict a law enforcement
101 agency from sending the applicable information
102 obtained pursuant to certain provisions to a federal
103 immigration agency; amending s. 943.03, F.S.;
104 requiring the Department of Law Enforcement to
105 coordinate and direct the law enforcement, initial
106 emergency, and other initial responses in matters
107 dealing with the Federal Government in federal
108 immigration law enforcement and responses to
109 immigration enforcement incidents within or affecting
110 this state; amending s. 943.03101, F.S.; revising
111 legislative findings and determinations; amending s.
112 943.0311, F.S.; revising the required duties of the
113 Chief of Domestic Security; requiring the chief to
114 regularly coordinate random audits pursuant to
115 specified provisions and notify the Department of
116 Economic Opportunity of any violations; amending s.
117 943.0312, F.S.; revising legislative findings;
118 requiring that each task force cooperate with and
119 provide assistance to the Federal Government in the
120 enforcement of federal immigration laws within or
121 affecting this state in compliance with specified
122 provisions, in accordance with the state’s domestic
123 security strategic goals and objectives; requiring the
124 Chief of Domestic Security to, in conjunction with
125 specified entities, identify appropriate equipment and
126 training needs, curricula, and materials related to
127 the effective response to immigration enforcement
128 incidents; requiring that each regional domestic
129 security task force, working in conjunction with
130 specified entities, work to ensure that hate-driven
131 acts against ethnic groups that may have been targeted
132 as a result of immigration enforcement incidents
133 within or affecting this state are appropriately
134 investigated and responded to; amending s. 943.0313,
135 F.S.; revising legislative findings; requiring the
136 Domestic Security Oversight Council to make
137 recommendations to the Governor and the Legislature
138 regarding the expenditure of funds and allocation of
139 resources related to cooperating with and providing
140 assistance to the Federal Government in the
141 enforcement of federal immigration laws; expanding the
142 list of persons whom the council may invite to attend
143 and participate in its meetings as ex officio,
144 nonvoting members; revising the duties of the council;
145 amending s. 943.325, F.S.; revising the definition of
146 the term “qualifying offender” to include certain
147 persons who are the subject of an immigration detainer
148 issued by a federal immigration agency; requiring
149 certain qualifying offenders to submit DNA samples at
150 a specified time; requiring law enforcement agencies
151 to immediately take DNA samples from certain
152 qualifying offenders under certain circumstances;
153 providing effective dates.
155 Be It Enacted by the Legislature of the State of Florida:
157 Section 1. Section 125.0156, Florida Statutes, is created
158 to read:
159 125.0156 Restriction on providing funds for identification
160 documents.—A county may not provide funds to any person, entity,
161 or organization for the purpose of issuing an identification
162 card or document to an individual who does not provide proof of
163 lawful presence in the United States.
164 Section 2. Section 166.246, Florida Statutes, is created to
166 166.246 Restriction on providing funds for identification
167 documents.—A municipality may not provide funds to any person,
168 entity, or organization for the purpose of issuing an
169 identification card or document to an individual who does not
170 provide proof of lawful presence in the United States.
171 Section 3. Section 322.033, Florida Statutes, is created to
173 322.033 Unauthorized aliens; invalid out-of-state driver
175 (1) If a driver license is of a class of licenses issued by
176 another state exclusively to undocumented immigrants who are
177 unable to prove lawful presence in the United States when the
178 licenses are issued, the driver license, or other permit
179 purporting to authorize the holder to operate a motor vehicle on
180 public roadways, is invalid in this state and does not authorize
181 the holder to operate a motor vehicle in this state. Such
182 classes of licenses include licenses that are issued exclusively
183 to undocumented immigrants or licenses that are substantially
184 the same as licenses issued to citizens, residents, or those
185 lawfully present in the United States but have markings
186 establishing that the license holder did not exercise the option
187 of providing proof of lawful presence.
188 (2) A law enforcement officer or other authorized
189 representative of the department who stops a person driving with
190 an invalid license as described in subsection (1) and driving
191 without a valid license shall issue a citation to the driver for
192 driving without a license in violation of s. 322.03.
193 (3) The department, to facilitate the enforcement of this
194 section and to aid in providing notice to the public and
195 visitors of invalid licenses, shall maintain on its website a
196 list of out-of-state classes of driver licenses that are invalid
197 in this state.
198 Section 4. Section 322.04, Florida Statutes, is amended to
200 322.04 Persons exempt from obtaining driver license.—
201 (1) The following persons are exempt from obtaining a
202 driver license:
203 (a) Any employee of the United States Government, while
204 operating a noncommercial motor vehicle owned by or leased to
205 the United States Government and being operated on official
207 (b) Any person while driving or operating any road machine,
208 farm tractor, or implement of husbandry temporarily operated or
209 moved on a highway.
210 (c) A nonresident who is at least 16 years of age and who
211 has in his or her immediate possession a valid noncommercial
212 driver license issued to the nonresident in his or her home
213 state or country operating a motor vehicle of the type for which
214 a Class E driver license is required in this state, if the
215 nonresident’s license is not invalid under s. 322.033 relating
216 to proof of the licensee’s lawful presence in the United States.
217 (d) A nonresident who is at least 18 years of age and who
218 has in his or her immediate possession a valid noncommercial
219 driver license issued to the nonresident in his or her home
220 state or country operating a motor vehicle, other than a
221 commercial motor vehicle, in this state, if the nonresident’s
222 license is not invalid under s. 322.033 relating to proof of the
223 licensee’s lawful presence in the United States.
224 (e) Any person operating a golf cart, as defined in s.
225 320.01, which is operated in accordance with the provisions of
226 s. 316.212.
227 (2) This section does not apply to any person to whom s.
228 322.031 applies.
229 (3) Any person working for a firm under contract to the
230 United States Government whose residence is outside this state
231 and whose main point of employment is outside this state may
232 drive a noncommercial vehicle on the public roads of this state
233 for periods up to 60 days while in this state on temporary duty,
234 if the person has a valid driver license from the state of the
235 person’s residence and if the license is not invalid under s.
236 322.033 relating to proof of the licensee’s lawful presence in
237 the United States.
238 Section 5. Section 395.3027, Florida Statutes, is created
239 to read:
240 395.3027 Patient immigration status data collection.—
241 (1) Each hospital that accepts Medicaid must include a
242 provision on its patient admission or registration forms for the
243 patient or the patient’s representative to state or indicate
244 whether the patient is a United States citizen or lawfully
245 present in the United States or is not lawfully present in the
246 United States. The inquiry must be followed by a statement that
247 the response will not affect patient care or result in a report
248 of the patient’s immigration status to immigration authorities.
249 (2) Each hospital must submit a quarterly report to the
250 agency within 30 days after the end of each calendar quarter
251 which reports the number of hospital admissions or visits within
252 the previous quarter which were made by a patient who indicated
253 that he or she was a citizen of the United States or lawfully
254 present in the United States, was not lawfully present in the
255 United States, or declined to answer.
256 (3) By March 1 of each year, the agency shall submit a
257 report to the Governor, the President of the Senate, and the
258 Speaker of the House of Representatives which includes the total
259 number of hospital admissions and visits for the previous
260 calendar year for which the patient or patient’s representative
261 reported that the patient was a citizen of the United States or
262 lawfully present in the United States, was not lawfully present
263 in the United States, or declined to answer. The report must
264 also describe information relating to the costs of uncompensated
265 care for aliens who are not lawfully present in the United
266 States, the impact of uncompensated care on the cost or ability
267 of hospitals to provide services to the public, hospital funding
268 needs, and other related information.
269 (4) The agency may adopt rules relating to the format and
270 information to be contained in quarterly reports and the
271 acceptable formats for hospitals to use in requesting
272 information regarding a patient’s immigration status on hospital
273 admission or registration forms. The rules may not require the
274 disclosure of patient names to the agency.
275 Section 6. Section 448.09, Florida Statutes, is amended to
277 448.09 Unauthorized aliens; employment prohibited.—
278 (1) It is
shall be unlawful for any person to knowingly to
279 employ, hire, recruit, or refer, either for herself or himself
280 or on behalf of another, for private or public employment within
281 the state, an alien who is not duly authorized to work by the
282 immigration laws or the Attorney General of the United States.
283 (2) A person who violates The first violation of subsection
284 (1) a first time commits shall be a noncriminal violation as
285 defined in s. 775.08(3) and, upon conviction, shall be
286 punishable as provided in s. 775.082(5) by a civil fine of not
287 more than $1,000 $500, regardless of the number of aliens with
288 respect to whom the violation occurred.
289 (3) A Any person who has been previously convicted for a
290 violation of subsection (1) and who subsequently thereafter
291 violates that subsection commits (1) , s hall be guilty of a
292 misdemeanor of the second degree, punishable as provided in s.
293 775.082 or s. 775.083, except that the fine is $2,500. Any such
294 subsequent violation of this section constitutes shall
295 constitute a separate offense with respect to each unauthorized
297 (4) Any alien who is not duly authorized to work by the
298 immigration laws or the Attorney General of the United States
299 who knowingly uses a false identification document, or who
300 fraudulently uses an identification document of another person,
301 for the purpose of obtaining employment commits a felony of the
302 third degree, punishable as provided in s. 775.082 or s.
304 Section 7. Paragraph (c) of subsection (1) and subsection
305 (3) of section 448.095, Florida Statutes, are amended to read:
306 448.095 Employment eligibility.—
307 (1) DEFINITIONS.—As used in this section, the term:
308 (c) “Department” means the Department of Economic
310 (3) PRIVATE EMPLOYERS.—
311 (a) Beginning January 1, 2021, a private employer shall,
312 After making an offer of employment which has been accepted by a
313 person or before recruiting or referring for a fee a person for
314 employment, a private employer shall verify such person’s
315 employment eligibility. A private employer is not required to
316 verify the employment eligibility of a continuing employee hired
317 before January 1, 2021. However, if a person is a contract
318 employee retained by a private employer, the private employer
319 must verify the employee’s employment eligibility upon the
320 renewal or extension of his or her contract.
321 (b) A private employer shall verify a person’s employment
322 eligibility by:
323 1. Using the E-Verify system; or
324 2. Requiring the person to provide the same documentation
325 that is required by the United States Citizenship and
326 Immigration Services on its Employment Eligibility Verification
327 form (Form I-9).
328 (c) The private employer must retain, for at least 5 years:
329 1. A copy of the documentation provided under this
330 subparagraph for at least 3 years after the person’s initial
331 date of employment.
332 2. A copy of the official verification generated by the E
333 Verify system, if used, and any supporting documentation used to
334 generate the verification after the date the verification was
336 (c) A private employer that complies with this subsection
337 may not be held civilly or criminally liable under state law for
338 hiring, continuing to employ, or refusing to hire an
339 unauthorized alien if the information obtained under paragraph
340 (b) indicates that the person’s work authorization status was
341 not that of an unauthorized alien.
342 (d)1. A private employer that establishes compliance with
343 subparagraph (b)1. with respect to the hiring, recruitment, or
344 referral for employment of an unauthorized alien has established
345 a rebuttable presumption that the private employer has not
346 violated this section with respect to such hiring, recruiting,
347 or referral.
348 2. A private employer that establishes compliance with
349 subparagraph (b)2. with respect to the hiring, recruitment, or
350 referral for employment of an unauthorized alien has established
351 an affirmative defense that the private employer has not
352 violated this section with respect to such hiring, recruiting,
353 or referral.
354 3. A private employer may not continue to employ an
355 unauthorized alien after obtaining knowledge that a person is or
356 has become an unauthorized alien For purposes of this
357 subsection, compliance with paragraph (b) creates a rebuttable
358 presumption that a private employer did not knowingly employ an
359 unauthorized alien in violation of s. 448.09(1).
360 (e)1. For the purpose of enforcement of this section, the
361 following persons or entities may request, and a private
362 employer must provide, copies of any documentation relied upon
363 by the private employer for the verification of a person’s
364 employment eligibility, including, but not limited to, any
365 documentation required under paragraph (b) or paragraph (c):
366 a. 1. The Department of Law Enforcement.
367 b. 2. The Attorney General.
368 c. 3. The state attorney.
369 d. 4. The statewide prosecutor.
370 e. The Department of Economic Opportunity.
371 2. A person or entity that makes a request under this
372 paragraph must rely upon the Federal Government to verify a
373 person’s employment eligibility and may not independently make a
374 final determination as to whether a person is an unauthorized
375 alien. If the person or entity determines or finds that a
376 private employer has violated this section, the person or entity
377 must notify the Department of Economic Opportunity.
378 (f) If a private employer does not comply with paragraphs
379 paragraph (b) or (c), the Department of Economic Opportunity
380 must: shall
381 1. Require the private employer to provide an affidavit to
382 the department stating that the private employer will comply
383 with paragraphs paragraph (b) and (c), the private employer has
384 terminated the employment of all unauthorized aliens employed in
385 this state, and the employer will not intentionally or knowingly
386 employ an unauthorized alien in this state.
387 a. If the private employer does not provide the required
388 affidavit within 30 days after the department’s request, the
389 department shall notify all appropriate agencies to suspend the
390 appropriate licensing agency shall suspend all applicable
391 licenses held by the private employer. The appropriate agency
392 shall notify the private employer that such suspension is
393 effective until the private employer provides the department
394 with the required affidavit. Upon receipt of the required
395 affidavit, the department shall notify the respective agencies
396 to reinstate the licenses held by the private employer.
397 b. For any private employer that does not provide the
398 required affidavit within 30 days after the department’s request
399 three times within any 24-month period, all applicable licenses
400 held by the private employer must be revoked by the respective
401 agencies that issued them.
402 2. Impose a fine if the private employer knowingly employed
403 an unauthorized alien in violation of this subsection:
404 a. For a first violation, the fine is $5,000 for each
405 unauthorized alien employed as a result of noncompliance with
406 this subsection.
407 b. For a second violation within 24 months of the first
408 violation, the fine is $7,500 for each unauthorized alien
409 employed as a result of noncompliance with this subsection.
410 Additionally, all applicable licenses held by the private
411 employer must be suspended for 120 days by the respective
412 agencies that issued them.
413 c. For a third or subsequent violation within 24 months of
414 the first violation, the fine is $10,000 for each unauthorized
415 alien employed as a result of noncompliance with this
416 subsection. Additionally, all applicable licenses held by the
417 private employer must be revoked by the respective agencies that
418 issued them.
419 d. All fines imposed pursuant to this subparagraph must be
420 deposited in the General Revenue Fund.
421 (g) For purposes of paragraph (f): this paragraph,
422 1. The applicable licenses that are subject to suspension
423 or revocation under that this paragraph are all licenses that
424 are held by the private employer specific to the business
425 location where the unauthorized alien performed work. If the
426 private employer does not hold a license specific to the
427 business location where the unauthorized alien performed work,
428 but a license is necessary to operate the private employer’s
429 business in general, the licenses that are subject to suspension
430 or revocation under this paragraph (f) are all licenses that are
431 held by the private employer at the private employer’s primary
432 place of business.
433 2. The Department of Economic Opportunity must provide
434 notice to a private employer for any action under that paragraph
435 in accordance with the provisions of chapter 120, including a
436 statement of facts, and must notify the private employer of the
437 opportunity for a hearing pursuant to ss. 120.569 and 120.57.
438 (g) For any private employer found to have violated
439 paragraph (f) three times within any 36 month period, the
440 appropriate licensing agency shall permanently revoke all
441 licenses that are held by the private employer specific to the
442 business location where the unauthorized alien performed work.
443 If the private employer does not hold a license specific to the
444 business location where the unauthorized alien performed work,
445 but a license is necessary to operate the private employer’s
446 business in general, the appropriate licensing agency shall
447 permanently revoke all licenses that are held by the private
448 employer at the private employer’s primary place of business.
449 Section 8. Effective November 1, 2026, subsection (3) of
450 section 454.021, Florida Statutes, is amended to read:
451 454.021 Attorneys; admission to practice law; Supreme Court
452 to govern and regulate.—
453 (3) Upon certification by the Florida Board of Bar
454 Examiners that an applicant who is an unauthorized immigrant who
455 was brought to the United States as a minor; has been present in
456 the United States for more than 10 years; has received
457 documented employment authorization from the United States
458 Citizenship and Immigration Services (USCIS); has been issued a
459 social security number; if a male, has registered with the
460 Selective Service System if required to do so under the Military
461 Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all
462 requirements for admission to practice law in this state, the
463 Supreme Court of Florida may admit that applicant as an attorney
464 at law authorized to practice in this state and may direct an
465 order be entered upon the court’s records to that effect.
466 Section 9. The repeal of s. 454.021(3), Florida Statutes,
467 by this act does not affect the validity of any license to
468 practice law issued pursuant to that subsection before November
469 1, 2026.
470 Section 10. Section 787.07, Florida Statutes, is amended to
472 787.07 Human smuggling.—
473 (1) Except as provided in subsections (3) and (4), a person
474 who knowingly and willfully commits any of the following
475 offenses commits a felony of the third degree, punishable as
476 provided in s. 775.082, s. 775.083, or s. 775.084:
477 (a) Transports into or within this state an individual whom
478 who the person knows, or reasonably should know, has is
479 illegally entered entering the United States in violation of law
480 and has not been inspected by the Federal Government since his
481 or her unlawful entry.
482 (b) Conceals, harbors, or shields from detection, or
483 attempts to conceal, harbor, or shield from detection, in any
484 place within this state, including any temporary or permanent
485 structure or through any means of transportation, an individual
486 whom the person knows, or reasonably should know, has entered
487 the United States in violation of law and has not been inspected
488 by the Federal Government since his or her unlawful entry from
489 another count ry commits a felony of the third degree , punishable
490 as provided in s. 775.082, s. 775.083, or s. 775.084.
491 (2) A person commits a separate offense for each individual
492 he or she transports, conceals, harbors, or shields from
493 detection, or attempts to transport, conceal, harbor, or shield
494 from detection, into this state in violation of this section.
495 (3) A person who commits five or more separate offenses
496 under this section during a single episode commits a felony of
497 the second degree, punishable as provided in s. 775.082, s.
498 775.083, or s. 775.084.
499 (4)(a) A person with a prior conviction under this section
500 commits a felony of the second degree, punishable as provided in
501 s. 775.082, s. 775.083, or s. 775.084.
502 (b) As used in paragraph (a), the term “conviction” means a
503 determination of guilt that is the result of a plea agreement or
504 a trial, regardless of whether adjudication is withheld or a
505 plea of nolo contendere is entered.
506 (5) Proof that a person knowingly and willfully presented
507 false identification or gave false information to a law
508 enforcement officer who is conducting an investigation for a
509 violation of this section gives rise to an inference that such
510 person was aware that the transported, concealed, harbored, or
511 shielded individual has entered the United States in violation
512 of the law and had not been inspected by the Federal Government
513 since his or her unlawful entry.
514 (6) A person who is arrested for a violation of this
515 section must be held in custody until brought before the court
516 for admittance to pretrial release in accordance with chapter
518 Section 11. Paragraph (f) is added to subsection (2) of
519 section 908.104, Florida Statutes, to read:
520 908.104 Cooperation with federal immigration authorities.—
521 (2) Except as otherwise expressly prohibited by federal
522 law, a state entity, local governmental entity, or law
523 enforcement agency, or an employee, an agent, or a
524 representative of the entity or agency, may not prohibit or in
525 any way restrict a law enforcement agency from taking any of the
526 following actions with respect to information regarding a
527 person’s immigration status:
528 (f) Sending the applicable information obtained pursuant to
529 enforcement of s. 448.095 to a federal immigration agency.
530 Section 12. Subsection (14) of section 943.03, Florida
531 Statutes, is amended to read:
532 943.03 Department of Law Enforcement.—
533 (14) The department, with respect to counter-terrorism
534 efforts, responses to acts of terrorism within or affecting this
535 state, coordinating with and providing assistance to the Federal
536 Government in the enforcement of federal immigration laws,
537 responses to immigration enforcement incidents within or
538 affecting this state, and other matters related to the domestic
539 security of Florida as it relates to terrorism and immigration
540 enforcement incidents, shall coordinate and direct the law
541 enforcement, initial emergency, and other initial responses. The
542 department shall work closely with the Division of Emergency
543 Management, other federal, state, and local law enforcement
544 agencies, fire and rescue agencies, first-responder agencies,
545 and others involved in preparation against acts of terrorism in
546 or affecting this state, immigration enforcement incidents
547 within or affecting this state, and in the response to such acts
548 or incidents. The executive director of the department, or
549 another member of the department designated by the director,
550 shall serve as Chief of Domestic Security for the purpose of
551 directing and coordinating such efforts. The department and
552 Chief of Domestic Security shall use the regional domestic
553 security task forces as established in this chapter to assist in
554 such efforts.
555 Section 13. Section 943.03101, Florida Statutes, is amended
556 to read:
557 943.03101 Counter-terrorism and immigration enforcement
558 coordination.—The Legislature finds that with respect to
559 counter-terrorism efforts, and initial responses to acts of
560 terrorism within or affecting this state, coordinating with and
561 providing assistance to the Federal Government in the
562 enforcement of federal immigration laws, and responses to
563 immigration enforcement incidents within or affecting this
564 state, specialized efforts of emergency management which are
565 unique to such situations are required and that these efforts
566 intrinsically involve very close coordination of federal, state,
567 and local law enforcement agencies with the efforts of all
568 others involved in emergency-response efforts. In order to best
569 provide this specialized effort, the Legislature has determined
570 that such efforts should be coordinated by and through the
571 Department of Law Enforcement, working closely with the Division
572 of Emergency Management and others involved in preparation
573 against acts of terrorism in or affecting this state,
574 immigration enforcement incidents within or affecting this
575 state, and in the initial response to such acts, in accordance
576 with the state comprehensive emergency management plan prepared
577 pursuant to s. 252.35(2)(a).
578 Section 14. Present subsections (2) through (7) of section
579 943.0311, Florida Statutes, are redesignated as subsections (3)
580 through (8), respectively, a new subsection (2) is added to that
581 section, and subsection (1) and present subsection (3) of that
582 section are amended, to read:
583 943.0311 Chief of Domestic Security; duties of the
584 department with respect to domestic security.—
585 (1) The executive director of the department, or a member
586 of the department designated by the executive director, shall
587 serve as the Chief of Domestic Security. The Chief of Domestic
588 Security shall:
589 (a) Coordinate the efforts of the department in the ongoing
590 assessment of this state’s vulnerability to, and ability to
591 detect, prevent, prepare for, respond to, and recover from, acts
592 of terrorism within or affecting this state and immigration
593 enforcement incidents within or affecting this state.
594 (b) Prepare recommendations for the Governor, the President
595 of the Senate, and the Speaker of the House of Representatives,
596 which are based upon ongoing assessments to limit the
597 vulnerability of the state to terrorism and immigration
598 enforcement incidents.
599 (c) Coordinate the collection of proposals to limit the
600 vulnerability of the state to terrorism and immigration
601 enforcement incidents.
602 (d) Use regional task forces to support the duties of the
603 department set forth in this section.
604 (e) Use public or private resources to perform the duties
605 assigned to the department under this section.
606 (2) The chief shall regularly coordinate random audits
607 pursuant to s. 448.095 to ensure compliance and enforcement and
608 shall notify the Department of Economic Opportunity of any
610 (4) (3) The chief shall report to the Governor, the
611 President of the Senate, and the Speaker of the House of
612 Representatives by November 1 of each year suggestions for
613 specific and significant security enhancements of any building,
614 facility, or structure owned or leased by a state agency, state
615 university, or community college or any entity that has
616 conducted an assessment under subsection (6) (5). The chief may
617 utilize the assessments provided under subsection (6) (5) in
618 making his or her suggestions. The report shall suggest
619 strategies to maximize federal funds in support of building or
620 facility security if such funds are available.
621 Section 15. Section 943.0312, Florida Statutes, is amended
622 to read:
623 943.0312 Regional domestic security task forces.—The
624 Legislature finds that there is a need to develop and implement
625 a statewide strategy to address prevention, preparation,
626 protection, response, and recovery efforts by federal, state,
627 and local law enforcement agencies, emergency management
628 agencies, fire and rescue departments, first-responder
629 personnel, and others in dealing with potential or actual
630 terrorist acts within or affecting this state and potential or
631 actual immigration enforcement incidents within or affecting
632 this state.
633 (1) To assist the department and the Chief of Domestic
634 Security in performing their roles and duties in this regard,
635 the department shall establish a regional domestic security task
636 force in each of the department’s operational regions. The task
637 forces shall serve in an advisory capacity to the department and
638 the Chief of Domestic Security and shall provide support to the
639 department in its performance of functions pertaining to
640 domestic security.
641 (a) Subject to annual appropriation, the department shall
642 provide dedicated employees to support the function of each
643 regional domestic security task force.
644 (b) Each task force shall be co-chaired by the department’s
645 special agent in charge of the operational region in which the
646 task force is located and by a local sheriff or chief of police
647 from within the operational region.
648 (c) Each task force membership may also include
649 representatives of state and local law enforcement agencies,
650 fire and rescue departments, or first-responder personnel;
651 representatives of emergency management agencies and health,
652 medical, and hospital agencies; representatives of local
653 emergency planning committees; and other persons as deemed
654 appropriate and necessary by the task force co-chairs.
655 (d) The co-chairs of each task force may appoint
656 subcommittees and subcommittee chairs as necessary in order to
657 address issues related to the various disciplines represented on
658 the task force, except that subcommittee chairs for emergency
659 management shall be appointed with the approval of the director
660 of the Division of Emergency Management. A subcommittee chair
661 shall serve at the pleasure of the co-chairs.
662 (2) In accordance with the state’s domestic security
663 strategic goals and objectives, each task force shall coordinate
664 efforts to counter terrorism , as defined by s. 775.30 , and
665 cooperate with and provide assistance to the Federal Government
666 in the enforcement of federal immigration laws within or
667 affecting this state in compliance with chapter 908, among
668 local, state, and federal resources to ensure that such efforts
669 are not fragmented or unnecessarily duplicated; coordinate
670 training for local and state personnel to counter terrorism as
671 defined in by s. 775.30; and cooperate with and provide
672 assistance to the Federal Government in the enforcement of
673 federal immigration laws within or affecting this state in
674 compliance with chapter 908; coordinate the collection and
675 dissemination of investigative and intelligence information; and
676 facilitate responses to terrorist incidents within or affecting
677 each region and immigration enforcement incidents within or
678 affecting each region. With the approval of the Chief of
679 Domestic Security, the task forces may incorporate other
680 objectives reasonably related to the goals of enhancing the
681 state’s domestic security and ability to detect, prevent, and
682 respond to acts of terrorism within or affecting this state or
683 immigration enforcement incidents within or affecting this
684 state. Each task force shall take into account the variety of
685 conditions and resources present within its region.
686 (3) The Chief of Domestic Security, in conjunction with the
687 Division of Emergency Management, the regional domestic security
688 task forces, and the various state entities responsible for
689 establishing training standards applicable to state law
690 enforcement officers and fire, emergency, and first-responder
691 personnel shall identify appropriate equipment and training
692 needs, curricula, and materials related to the effective
693 response to suspected or actual acts of terrorism, immigration
694 enforcement incidents, or incidents involving real or hoax
695 weapons of mass destruction as defined in s. 790.166.
696 Recommendations for funding for purchases of equipment, delivery
697 of training, implementation of, or revision to basic or
698 continued training required for state licensure or
699 certification, or other related responses shall be made by the
700 Chief of Domestic Security to the Domestic Security Oversight
701 Council, the Executive Office of the Governor, the President of
702 the Senate, and the Speaker of the House of Representatives as
703 necessary to ensure that the needs of this state with regard to
704 the preparing, equipping, training, and exercising of response
705 personnel are identified and addressed. In making such
706 recommendations, the Chief of Domestic Security and the Division
707 of Emergency Management shall identify all funding sources that
708 may be available to fund such efforts.
709 (4) Each regional domestic security task force, working in
710 conjunction with the department, the Office of the Attorney
711 General, and other public or private entities, shall work to
712 ensure that hate-driven acts against ethnic groups that may have
713 been targeted as a result of acts of terrorism in or affecting
714 this state, or as a result of immigration enforcement incidents
715 within or affecting this state, are appropriately investigated
716 and responded to.
717 (5) Members of each regional domestic security task force
718 may not receive any pay other than their salaries normally
719 received from their employers, but are entitled to reimbursement
720 for per diem and travel expenses in accordance with s. 112.061.
721 (6) Subject to annual appropriation, the department shall
722 provide staff and administrative support for the regional
723 domestic security task forces.
724 Section 16. Section 943.0313, Florida Statutes, is amended
725 to read:
726 943.0313 Domestic Security Oversight Council.—The
727 Legislature finds that there exists a need to provide executive
728 direction and leadership with respect to terrorism and
729 immigration enforcement incident prevention, preparation,
730 protection, response, and recovery efforts by state and local
731 agencies in this state. In recognition of this need, the
732 Domestic Security Oversight Council is hereby created. The
733 council shall serve as an advisory council pursuant to s.
734 20.03(7) to provide guidance to the state’s regional domestic
735 security task forces and other domestic security working groups
736 and to make recommendations to the Governor and the Legislature
737 regarding the expenditure of funds and allocation of resources
738 related to counter-terrorism and cooperating with and providing
739 assistance to the Federal Government in the enforcement of
740 federal immigration laws and domestic security efforts.
741 (1) MEMBERSHIP.—
742 (a) The Domestic Security Oversight Council shall consist
743 of the following voting members:
744 1. The executive director of the Department of Law
746 2. The director of the Division of Emergency Management.
747 3. The Attorney General.
748 4. The Commissioner of Agriculture.
749 5. The State Surgeon General.
750 6. The Commissioner of Education.
751 7. The State Fire Marshal.
752 8. The adjutant general of the Florida National Guard.
753 9. The state chief information officer.
754 10. Each sheriff or chief of police who serves as a co
755 chair of a regional domestic security task force pursuant to s.
757 11. Each of the department’s special agents in charge who
758 serve as a co-chair of a regional domestic security task force.
759 12. Two representatives of the Florida Fire Chiefs
761 13. One representative of the Florida Police Chiefs
763 14. One representative of the Florida Prosecuting Attorneys
765 15. The chair of the Statewide Domestic Security
766 Intelligence Committee.
767 16. One representative of the Florida Hospital Association.
768 17. One representative of the Emergency Medical Services
769 Advisory Council.
770 18. One representative of the Florida Emergency
771 Preparedness Association.
772 19. One representative of the Florida Seaport
773 Transportation and Economic Development Council.
774 (b) In addition to the members designated in paragraph (a),
775 the council may invite other ex officio, nonvoting members to
776 attend and participate in council meetings. Those nonvoting
777 members may include, but need not be limited to:
778 1. The executive director of the Department of Highway
779 Safety and Motor Vehicles.
780 2. The Secretary of Health Care Administration.
781 3. The Secretary of Environmental Protection.
782 4. The director of the Division of Law Enforcement within
783 the Fish and Wildlife Conservation Commission.
784 5. A representative of the Commission on Human Relations.
785 6. A representative of the United States Coast Guard.
786 7. A United States Attorney from a federal judicial circuit
787 within this state.
788 8. A special agent in charge from an office of the Federal
789 Bureau of Investigation within this state.
790 9. A representative of the United States Department of
791 Homeland Security.
792 10. A representative of United States Immigration and
793 Customs Enforcement.
794 11. A representative of United States Customs and Border
796 (2) ORGANIZATION.—
797 (a) The Legislature finds that the council serves a
798 legitimate state, county, and municipal purpose and that service
799 on the council is consistent with a member’s principal service
800 in public office or employment. Membership on the council does
801 not disqualify a member from holding any other public office or
802 being employed by a public entity, except that a member of the
803 Legislature may not serve on the council.
804 (b) The executive director of the Department of Law
805 Enforcement shall serve as chair of the council, and the
806 director of the Division of Emergency Management shall serve as
807 vice chair of the council. In the absence of the chair, the vice
808 chair shall serve as chair. In the absence of the vice chair,
809 the chair may name any member of the council to perform the
810 duties of the chair if such substitution does not extend beyond
811 a defined meeting, duty, or period of time.
812 (c) Any absent voting member of the council may be
813 represented by a designee empowered to act on any issue before
814 the council to the same extent that the designating member is
815 empowered. If a co-chair of a regional domestic security task
816 force is absent from a council meeting, the co-chair shall
817 appoint a subcommittee chair of that task force as the designee.
818 (d) The council shall establish bylaws for its general
820 (e) Any member of the council serving by reason of the
821 office or employment held by the member shall cease to serve on
822 the council at such time as he or she ceases to hold the office
823 or employment which was the basis for appointment to the
825 (f) Representatives from agencies or organizations other
826 than those designated by title shall be chosen by the entity.
827 Except for those individuals designated by title, council
828 members shall be certified annually to the chair by the
829 organization they represent.
830 (g) Members of the council or their designees shall serve
831 without compensation but are entitled to reimbursement for per
832 diem and travel expenses pursuant to s. 112.061.
833 (h) The department shall provide the council with the staff
834 support necessary to assist in the performance of its duties.
835 (3) MEETINGS.—The council must meet at least semiannually.
836 Additional meetings may be held as necessary. A majority of the
837 members of the council constitutes a quorum.
838 (4) EXECUTIVE COMMITTEE.—
839 (a) The council shall establish an executive committee
840 consisting of the following members:
841 1. The executive director of the Department of Law
843 2. The director of the Division of Emergency Management.
844 3. The Attorney General.
845 4. The Commissioner of Agriculture.
846 5. The State Surgeon General.
847 6. The Commissioner of Education.
848 7. The State Fire Marshal.
849 (b) The executive director of the Department of Law
850 Enforcement shall serve as the chair of the executive committee,
851 and the director of the Division of Emergency Management shall
852 serve as the vice chair of the executive committee.
853 (c) The executive committee shall approve all matters
854 brought before the council prior to consideration. When
855 expedited action of the council is deemed necessary by the chair
856 or vice chair, the executive committee may act on behalf of the
858 (5) DUTIES OF THE COUNCIL.—
859 (a) The Domestic Security Oversight Council shall serve as
860 an advisory council to the Governor, the Legislature, and the
861 Chief of Domestic Security. The council shall:
862 1. Review the development, maintenance, and operation of a
863 comprehensive multidisciplinary domestic security strategy that
864 will guide the state’s prevention, preparedness, protection,
865 response, and recovery efforts against terrorist attacks and
866 immigration enforcement incidents and make appropriate
867 recommendations to ensure the implementation of that strategy.
868 2. Review the development of integrated funding plans to
869 support specific projects, goals, and objectives necessary to
870 the state’s domestic security strategy and make appropriate
871 recommendations to implement those plans.
872 3. Review and recommend approval of prioritized
873 recommendations from regional domestic security task forces and
874 state working groups on the use of available funding to ensure
875 the use of such funds in a manner that best promotes the goals
876 of statewide, regional, and local domestic security through
877 coordinated planning and implementation strategies.
878 4. Review and recommend approval of statewide policies and
879 operational protocols that support the domestic security efforts
880 of the regional domestic security task forces and state
882 5. Review the overall statewide effectiveness of domestic
883 security efforts, and counter-terrorism efforts, and efforts of
884 coordinating with and providing assistance to the Federal
885 Government in the enforcement of federal immigration laws in
886 order to provide suggestions to improve or enhance those
888 6. Review the efforts of any agency or entity involved in
889 state or local domestic security efforts, and counter-terrorism
890 efforts, and efforts of coordination with and providing
891 assistance to the Federal Government in the enforcement of
892 federal immigration laws that requests assistance or that
893 appears to need such review in order to provide suggestions to
894 improve or enhance those efforts.
895 7. Review efforts within the state to better secure state
896 and local infrastructure against terrorist attack or immigration
897 enforcement incidents and make recommendations to enhance the
898 effectiveness of such efforts.
899 8. Review and recommend legislative initiatives related to
900 the state’s domestic security and provide endorsement or
901 recommendations to enhance the effectiveness of such efforts.
902 9. Review statewide or multiagency mobilizations and
903 responses to major domestic security incidents and recommend
904 suggestions for training, improvement of response efforts, or
905 improvement of coordination or for other strategies that may be
906 derived as necessary from such reviews.
907 10. Conduct any additional review or inquiry or make
908 recommendations to the Governor and Legislature in support of
909 other initiatives, as may be necessary, to fulfill the function
910 of general oversight of the state’s domestic security efforts,
911 and counter-terrorism efforts, and efforts of coordinating with
912 and providing assistance to the Federal Government in the
913 enforcement of federal immigration laws and to promote increased
915 11. Promote and preserve intergovernmental cooperation and
916 consensus among state and local agencies, the Federal
917 Government, private entities, other states, and other nations,
918 as appropriate, under the guidance of the Governor.
919 (b) The Domestic Security Oversight Council shall make an
920 annual funding recommendation to the Governor and Legislature
921 which shall prioritize funding requests based on allocations
922 from all available sources for implementing the state’s domestic
923 security strategy. This recommendation must include the
924 prioritized recommendations of each of the regional domestic
925 security task forces and the various working groups that
926 participate in the prioritization process for funding
927 allocations. The recommendation must reflect the consideration
928 of strategic priorities and allocations that best serve the
929 state’s overall domestic security needs. The recommendation
930 shall be transmitted to the Governor and the Legislature by
931 December 31 of each year. If additional funds become available,
932 or reallocation of funding is required beyond current spending
933 authorizations, the council may make recommendations to the
934 Governor for consideration by the Legislative Budget Commission.
935 (6) REPORTS.—The council shall report annually on its
936 activities, on or before December 31 of each calendar year, to
937 the Governor, the President of the Senate, the Speaker of the
938 House of Representatives, and the chairs of the committees
939 having principal jurisdiction over domestic security in the
940 Senate and the House of Representatives.
941 (7) AGENCY DESIGNATION.—For purposes of this section, the
942 Domestic Security Oversight Council shall be considered a
943 criminal justice agency within the definition of s. 119.011(4).
944 Section 17. Paragraph (g) of subsection (2) and paragraph
945 (a) of subsection (3) of section 943.325, Florida Statutes, are
946 amended, and paragraph (f) is added to subsection (7) of that
947 section, to read:
948 943.325 DNA database.—
949 (2) DEFINITIONS.—As used in this section, the term:
950 (g) “Qualifying offender” means any person, including
951 juveniles and adults, who is:
952 1.a. Committed to a county jail;
953 b. Committed to or under the supervision of the Department
954 of Corrections, including persons incarcerated in a private
955 correctional institution operated under contract pursuant to s.
957 c. Committed to or under the supervision of the Department
958 of Juvenile Justice;
959 d. Transferred to this state under the Interstate Compact
960 on Juveniles, part XIII of chapter 985; or
961 e. Accepted under Article IV of the Interstate Corrections
962 Compact, part III of chapter 941; and who is:
963 2.a. Convicted of any felony offense or attempted felony
964 offense in this state or of a similar offense in another
966 b. Convicted of a misdemeanor violation of s. 784.048, s.
967 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
968 offense that was found, pursuant to s. 874.04, to have been
969 committed for the purpose of benefiting, promoting, or
970 furthering the interests of a criminal gang as defined in s.
971 874.03; or
972 c. Arrested for any felony offense or attempted felony
973 offense in this state; or
974 d. In the custody of a law enforcement agency and is
975 subject to an immigration detainer issued by a federal
976 immigration agency.
977 (3) COLLECTION OF SAMPLES.—
978 (a) Each qualifying offender shall submit a DNA sample at
979 the time he or she is booked into a jail, correctional facility,
980 or juvenile facility. A person who becomes a qualifying offender
981 solely because of the issuance of an immigration detainer by a
982 federal immigration agency must submit a DNA sample when the law
983 enforcement agency having custody of the offender receives the
985 (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
986 (f) A law enforcement agency having custody of a person who
987 becomes a qualifying offender solely because of the issuance of
988 an immigration detainer by a federal immigration agency shall
989 ensure that a DNA sample is taken from the offender immediately
990 after the agency receives the detainer and shall secure and
991 transmit the sample to the department in a timely manner.
992 Section 18. Except as otherwise expressly provided in this
993 act, this act shall take effect July 1, 2023.