Florida Senate - 2023                             CS for SB 1718
       
       
        
       By the Committee on Rules; and Senator Ingoglia
       
       
       
       
       
       595-02631-23                                          20231718c1
    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         public employer, contractor, or subcontractor to
   45         retain specified copies for at least a certain number
   46         of years; creating a certain rebuttable presumption
   47         that the public employer, contractor, or subcontractor
   48         has not violated specified provisions with respect to
   49         the hiring of an unauthorized alien; prohibiting a
   50         public employer from continuing to employ an
   51         unauthorized alien after obtaining knowledge that a
   52         person is or has become an unauthorized alien;
   53         authorizing specified persons or entities to request,
   54         and requiring a public employer, contractor, or
   55         subcontractor to provide, copies of specified
   56         documentation; requiring a public employer,
   57         contractor, or subcontractor to provide an affidavit
   58         to the Department of Economic Opportunity under
   59         certain circumstances; requiring a private employer to
   60         verify a person’s employment eligibility before
   61         recruiting or referring for a fee a person for
   62         employment; requiring a private employer to retain
   63         specified copies for at least a certain number of
   64         years; deleting a provision absolving private
   65         employers of civil or criminal liability for complying
   66         with certain provisions; creating a certain rebuttable
   67         presumption that the private employer has not violated
   68         specified provisions with respect to the hiring,
   69         recruitment, or referral for employment of an
   70         unauthorized alien; establishing an affirmative
   71         defense to an allegation that the private employer has
   72         not violated specified provisions with respect to the
   73         hiring, recruitment, or referral for employment of an
   74         unauthorized alien; prohibiting a private employer
   75         from continuing to employ an unauthorized alien after
   76         obtaining knowledge that a person is or has become an
   77         unauthorized alien; authorizing the Department of
   78         Economic Opportunity to request, and requiring a
   79         private employer to provide, copies of specified
   80         documentation; requiring a person or an entity that
   81         determines or finds that a private employer has
   82         violated certain provisions to notify the department;
   83         revising the required actions that the department must
   84         take if a private employer does not comply with
   85         specified provisions, including imposing fines for
   86         first, second, or subsequent violations; requiring
   87         that specified fines be deposited into the General
   88         Revenue Fund; requiring the department to provide
   89         certain notice to private employers for any action
   90         taken pursuant to specified provisions; requiring the
   91         department to notify private employers of the
   92         opportunity for a hearing pursuant to specified
   93         provisions; deleting provisions relating to penalties
   94         imposed upon private employers for specified
   95         violations; conforming provisions to changes made by
   96         the act; amending s. 454.021, F.S.; deleting a
   97         provision authorizing an unauthorized immigrant to
   98         obtain a license to practice law in this state under
   99         certain circumstances; providing applicability;
  100         amending s. 787.07, F.S.; providing criminal penalties
  101         for persons who knowingly and willfully violate, or
  102         who reasonably should know and who violate, certain
  103         provisions relating to the transporting into or within
  104         this state, or the concealing, harboring, or shielding
  105         from detection, or the attempt thereof, of individuals
  106         who entered the United States unlawfully and without
  107         inspection by the Federal Government; providing
  108         enhanced criminal penalties for prior convictions of
  109         specified provisions; defining the term “conviction”;
  110         providing circumstances that give rise to a certain
  111         inference; requiring that persons who violate certain
  112         provisions be held in custody; making technical
  113         changes; amending s. 908.104, F.S.; specifying that a
  114         state entity, local governmental entity, or law
  115         enforcement agency, or an employee, an agent, or a
  116         representative of the entity or agency, may not
  117         prohibit or in any way restrict a law enforcement
  118         agency from sending the applicable information
  119         obtained pursuant to certain provisions to a federal
  120         immigration agency; amending s. 943.03, F.S.;
  121         requiring the Department of Law Enforcement to
  122         coordinate and direct the law enforcement, initial
  123         emergency, and other initial responses in matters
  124         dealing with the Federal Government in federal
  125         immigration law enforcement and responses to
  126         immigration enforcement incidents within or affecting
  127         this state; amending s. 943.03101, F.S.; revising
  128         legislative findings and determinations; amending s.
  129         943.0311, F.S.; revising the required duties of the
  130         Chief of Domestic Security; requiring the chief to
  131         regularly coordinate random audits pursuant to
  132         specified provisions and notify the Department of
  133         Economic Opportunity of any violations; amending s.
  134         943.0312, F.S.; revising legislative findings;
  135         requiring that each task force cooperate with and
  136         provide assistance to the Federal Government in the
  137         enforcement of federal immigration laws within or
  138         affecting this state in compliance with specified
  139         provisions, in accordance with the state’s domestic
  140         security strategic goals and objectives; requiring the
  141         Chief of Domestic Security to, in conjunction with
  142         specified entities, identify appropriate equipment and
  143         training needs, curricula, and materials related to
  144         the effective response to immigration enforcement
  145         incidents; requiring that each regional domestic
  146         security task force, working in conjunction with
  147         specified entities, work to ensure that hate-driven
  148         acts against ethnic groups that may have been targeted
  149         as a result of immigration enforcement incidents
  150         within or affecting this state are appropriately
  151         investigated and responded to; amending s. 943.0313,
  152         F.S.; revising legislative findings; requiring the
  153         Domestic Security Oversight Council to make
  154         recommendations to the Governor and the Legislature
  155         regarding the expenditure of funds and allocation of
  156         resources related to cooperating with and providing
  157         assistance to the Federal Government in the
  158         enforcement of federal immigration laws; expanding the
  159         list of persons whom the council may invite to attend
  160         and participate in its meetings as ex officio,
  161         nonvoting members; revising the duties of the council;
  162         amending s. 943.325, F.S.; revising the definition of
  163         the term “qualifying offender” to include certain
  164         persons who are the subject of an immigration detainer
  165         issued by a federal immigration agency; requiring
  166         certain qualifying offenders to submit DNA samples at
  167         a specified time; requiring law enforcement agencies
  168         to immediately take DNA samples from certain
  169         qualifying offenders under certain circumstances;
  170         providing effective dates.
  171          
  172  Be It Enacted by the Legislature of the State of Florida:
  173  
  174         Section 1. Section 125.0156, Florida Statutes, is created
  175  to read:
  176         125.0156 Restriction on providing funds for identification
  177  documents.—A county may not provide funds to any person, entity,
  178  or organization for the purpose of issuing an identification
  179  card or document to an individual who does not provide proof of
  180  lawful presence in the United States.
  181         Section 2. Section 166.246, Florida Statutes, is created to
  182  read:
  183         166.246 Restriction on providing funds for identification
  184  documents.—A municipality may not provide funds to any person,
  185  entity, or organization for the purpose of issuing an
  186  identification card or document to an individual who does not
  187  provide proof of lawful presence in the United States.
  188         Section 3. Section 322.033, Florida Statutes, is created to
  189  read:
  190         322.033 Unauthorized aliens; invalid out-of-state driver
  191  licenses.—
  192         (1) If a driver license is of a class of licenses issued by
  193  another state exclusively to undocumented immigrants who are
  194  unable to prove lawful presence in the United States when the
  195  licenses are issued, the driver license, or other permit
  196  purporting to authorize the holder to operate a motor vehicle on
  197  public roadways, is invalid in this state and does not authorize
  198  the holder to operate a motor vehicle in this state. Such
  199  classes of licenses include licenses that are issued exclusively
  200  to undocumented immigrants or licenses that are substantially
  201  the same as licenses issued to citizens, residents, or those
  202  lawfully present in the United States but have markings
  203  establishing that the license holder did not exercise the option
  204  of providing proof of lawful presence.
  205         (2)A law enforcement officer or other authorized
  206  representative of the department who stops a person driving with
  207  an invalid license as described in subsection (1) and driving
  208  without a valid license shall issue a citation to the driver for
  209  driving without a license in violation of s. 322.03.
  210         (3) The department, to facilitate the enforcement of this
  211  section and to aid in providing notice to the public and
  212  visitors of invalid licenses, shall maintain on its website a
  213  list of out-of-state classes of driver licenses that are invalid
  214  in this state.
  215         Section 4. Section 322.04, Florida Statutes, is amended to
  216  read:
  217         322.04 Persons exempt from obtaining driver license.—
  218         (1) The following persons are exempt from obtaining a
  219  driver license:
  220         (a) Any employee of the United States Government, while
  221  operating a noncommercial motor vehicle owned by or leased to
  222  the United States Government and being operated on official
  223  business.
  224         (b) Any person while driving or operating any road machine,
  225  farm tractor, or implement of husbandry temporarily operated or
  226  moved on a highway.
  227         (c) A nonresident who is at least 16 years of age and who
  228  has in his or her immediate possession a valid noncommercial
  229  driver license issued to the nonresident in his or her home
  230  state or country operating a motor vehicle of the type for which
  231  a Class E driver license is required in this state, if the
  232  nonresident’s license is not invalid under s. 322.033 relating
  233  to proof of the licensee’s lawful presence in the United States.
  234         (d) A nonresident who is at least 18 years of age and who
  235  has in his or her immediate possession a valid noncommercial
  236  driver license issued to the nonresident in his or her home
  237  state or country operating a motor vehicle, other than a
  238  commercial motor vehicle, in this state, if the nonresident’s
  239  license is not invalid under s. 322.033 relating to proof of the
  240  licensee’s lawful presence in the United States.
  241         (e) Any person operating a golf cart, as defined in s.
  242  320.01, which is operated in accordance with the provisions of
  243  s. 316.212.
  244         (2) This section does not apply to any person to whom s.
  245  322.031 applies.
  246         (3) Any person working for a firm under contract to the
  247  United States Government whose residence is outside this state
  248  and whose main point of employment is outside this state may
  249  drive a noncommercial vehicle on the public roads of this state
  250  for periods up to 60 days while in this state on temporary duty,
  251  if the person has a valid driver license from the state of the
  252  person’s residence and if the license is not invalid under s.
  253  322.033 relating to proof of the licensee’s lawful presence in
  254  the United States.
  255         Section 5. Section 395.3027, Florida Statutes, is created
  256  to read:
  257         395.3027 Patient immigration status data collection.—
  258         (1) Each hospital that accepts Medicaid must include a
  259  provision on its patient admission or registration forms for the
  260  patient or the patient’s representative to state or indicate
  261  whether the patient is a United States citizen or lawfully
  262  present in the United States or is not lawfully present in the
  263  United States. The inquiry must be followed by a statement that
  264  the response will not affect patient care or result in a report
  265  of the patient’s immigration status to immigration authorities.
  266         (2) Each hospital must submit a quarterly report to the
  267  agency within 30 days after the end of each calendar quarter
  268  which reports the number of hospital admissions or visits within
  269  the previous quarter which were made by a patient who indicated
  270  that he or she was a citizen of the United States or lawfully
  271  present in the United States, was not lawfully present in the
  272  United States, or declined to answer.
  273         (3) By March 1 of each year, the agency shall submit a
  274  report to the Governor, the President of the Senate, and the
  275  Speaker of the House of Representatives which includes the total
  276  number of hospital admissions and visits for the previous
  277  calendar year for which the patient or patient’s representative
  278  reported that the patient was a citizen of the United States or
  279  lawfully present in the United States, was not lawfully present
  280  in the United States, or declined to answer. The report must
  281  also describe information relating to the costs of uncompensated
  282  care for aliens who are not lawfully present in the United
  283  States, the impact of uncompensated care on the cost or ability
  284  of hospitals to provide services to the public, hospital funding
  285  needs, and other related information.
  286         (4) The agency may adopt rules relating to the format and
  287  information to be contained in quarterly reports and the
  288  acceptable formats for hospitals to use in requesting
  289  information regarding a patient’s immigration status on hospital
  290  admission or registration forms. The rules may not require the
  291  disclosure of patient names to the agency.
  292         Section 6. Section 448.09, Florida Statutes, is amended to
  293  read:
  294         448.09 Unauthorized aliens; employment prohibited.—
  295         (1) It is shall be unlawful for any person to knowingly to
  296  employ, hire, recruit, or refer, either for herself or himself
  297  or on behalf of another, for private or public employment within
  298  the state, an alien who is not duly authorized to work by the
  299  immigration laws or the Attorney General of the United States.
  300         (2) A person who violates The first violation of subsection
  301  (1) a first time commits shall be a noncriminal violation as
  302  defined in s. 775.08(3) and, upon conviction, shall be
  303  punishable as provided in s. 775.082(5) by a civil fine of not
  304  more than $1,000 $500, regardless of the number of aliens with
  305  respect to whom the violation occurred.
  306         (3) A Any person who has been previously convicted for a
  307  violation of subsection (1) and who subsequently thereafter
  308  violates that subsection commits (1), shall be guilty of a
  309  misdemeanor of the second degree, punishable as provided in s.
  310  775.082 or s. 775.083, except that the fine is $2,500. Any such
  311  subsequent violation of this section constitutes shall
  312  constitute a separate offense with respect to each unauthorized
  313  alien.
  314         (4) Any alien who is not duly authorized to work by the
  315  immigration laws or the Attorney General of the United States
  316  who knowingly uses a false identification document, or who
  317  fraudulently uses an identification document of another person,
  318  for the purpose of obtaining employment commits a felony of the
  319  third degree, punishable as provided in s. 775.082 or s.
  320  775.083.
  321         Section 7. Paragraph (c) of subsection (1), paragraph (a)
  322  of subsection (2), and subsection (3) of section 448.095,
  323  Florida Statutes, are amended, and paragraphs (g), (h), and (i)
  324  are added to subsection (2) of that section, to read:
  325         448.095 Employment eligibility.—
  326         (1) DEFINITIONS.—As used in this section, the term:
  327         (c) “Department” means the Department of Economic
  328  Opportunity.
  329         (2) PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS.—
  330         (a) Beginning January 1, 2021, Every public employer,
  331  contractor, and subcontractor shall register with and use the E
  332  Verify system to verify the work authorization status of all
  333  newly hired employees. A public employer, contractor, or
  334  subcontractor may not enter into a contract unless each party to
  335  the contract registers with and uses the E-Verify system. A
  336  public employer, contractor, or subcontractor must retain a copy
  337  of the official verification generated by the E-Verify system
  338  and any supporting documentation used to generate the
  339  verification for at least 5 years after the date the
  340  verification was generated.
  341         (g)1. A public employer, contractor, or subcontractor that
  342  establishes compliance with this subsection with respect to the
  343  hiring of an unauthorized alien has established a rebuttable
  344  presumption that the public employer, contractor, or
  345  subcontractor has not violated this section with respect to such
  346  hiring.
  347         2. A public employer, contractor, or subcontractor may not
  348  continue to employ an unauthorized alien after obtaining
  349  knowledge that a person is or has become an unauthorized alien.
  350         (h)1. For the purpose of enforcement of this section, the
  351  following persons or entities may request, and a public
  352  employer, contractor, or subcontractor must provide, copies of
  353  any documentation relied upon by the public employer,
  354  contractor, or subcontractor for the verification of a person’s
  355  employment eligibility, including, but not limited to, any
  356  documentation required under paragraph (a) or paragraph (b):
  357         a. The Department of Law Enforcement.
  358         b. The Attorney General.
  359         c. The state attorney.
  360         d. The statewide prosecutor.
  361         e. The Department of Economic Opportunity.
  362         2. A person or entity that makes a request under this
  363  paragraph must rely upon the Federal Government to verify a
  364  person’s employment eligibility and may not independently make a
  365  final determination as to whether a person is an unauthorized
  366  alien. If the person or entity determines or finds that a public
  367  employer, contractor, or subcontractor has violated this
  368  section, the person or entity must notify the Department of
  369  Economic Opportunity.
  370         (i) If a public employer, contractor, or subcontractor does
  371  not comply with paragraph (a) or paragraph (b), as applicable,
  372  the Department of Economic Opportunity must require the public
  373  employer, contractor, or subcontractor to provide an affidavit
  374  to the department stating that the entity will comply with
  375  paragraphs (a) and (b), as applicable, the entity has terminated
  376  the employment of all unauthorized aliens employed in this
  377  state, and the entity will not intentionally or knowingly employ
  378  an unauthorized alien in this state.
  379         (3) PRIVATE EMPLOYERS.—
  380         (a) Beginning January 1, 2021, a private employer shall,
  381  After making an offer of employment which has been accepted by a
  382  person or before recruiting or referring for a fee a person for
  383  employment, a private employer shall verify such person’s
  384  employment eligibility. A private employer is not required to
  385  verify the employment eligibility of a continuing employee hired
  386  before January 1, 2021. However, if a person is a contract
  387  employee retained by a private employer, the private employer
  388  must verify the employee’s employment eligibility upon the
  389  renewal or extension of his or her contract.
  390         (b) A private employer shall verify a person’s employment
  391  eligibility by:
  392         1. Using the E-Verify system; or
  393         2. Requiring the person to provide the same documentation
  394  that is required by the United States Citizenship and
  395  Immigration Services on its Employment Eligibility Verification
  396  form (Form I-9).
  397         (c) The private employer must retain, for at least 5 years:
  398         1. A copy of the documentation provided under this
  399  subparagraph for at least 3 years after the person’s initial
  400  date of employment.
  401         2. A copy of the official verification generated by the E
  402  Verify system, if used, and any supporting documentation used to
  403  generate the verification after the date the verification was
  404  generated.
  405         (c)A private employer that complies with this subsection
  406  may not be held civilly or criminally liable under state law for
  407  hiring, continuing to employ, or refusing to hire an
  408  unauthorized alien if the information obtained under paragraph
  409  (b) indicates that the person’s work authorization status was
  410  not that of an unauthorized alien.
  411         (d)1.A private employer that establishes compliance with
  412  subparagraph (b)1. with respect to the hiring, recruitment, or
  413  referral for employment of an unauthorized alien has established
  414  a rebuttable presumption that the private employer has not
  415  violated this section with respect to such hiring, recruiting,
  416  or referral.
  417         2.A private employer that establishes compliance with
  418  subparagraph (b)2. with respect to the hiring, recruitment, or
  419  referral for employment of an unauthorized alien has established
  420  an affirmative defense that the private employer has not
  421  violated this section with respect to such hiring, recruiting,
  422  or referral.
  423         3. A private employer may not continue to employ an
  424  unauthorized alien after obtaining knowledge that a person is or
  425  has become an unauthorized alien For purposes of this
  426  subsection, compliance with paragraph (b) creates a rebuttable
  427  presumption that a private employer did not knowingly employ an
  428  unauthorized alien in violation of s. 448.09(1).
  429         (e)1. For the purpose of enforcement of this section, the
  430  following persons or entities may request, and a private
  431  employer must provide, copies of any documentation relied upon
  432  by the private employer for the verification of a person’s
  433  employment eligibility, including, but not limited to, any
  434  documentation required under paragraph (b) or paragraph (c):
  435         a.1. The Department of Law Enforcement.
  436         b.2. The Attorney General.
  437         c.3. The state attorney.
  438         d.4. The statewide prosecutor.
  439         e. The Department of Economic Opportunity.
  440         2. A person or entity that makes a request under this
  441  paragraph must rely upon the Federal Government to verify a
  442  person’s employment eligibility and may not independently make a
  443  final determination as to whether a person is an unauthorized
  444  alien. If the person or entity determines or finds that a
  445  private employer has violated this section, the person or entity
  446  must notify the Department of Economic Opportunity.
  447         (f) If a private employer does not comply with paragraph
  448  (b) or paragraph (c), the Department of Economic Opportunity
  449  must: shall
  450         1. Require the private employer to provide an affidavit to
  451  the department stating that the private employer will comply
  452  with paragraphs paragraph (b) and (c), the private employer has
  453  terminated the employment of all unauthorized aliens employed in
  454  this state, and the employer will not intentionally or knowingly
  455  employ an unauthorized alien in this state.
  456         a. If the private employer does not provide the required
  457  affidavit within 30 days after the department’s request, the
  458  department shall notify all appropriate agencies to suspend the
  459  appropriate licensing agency shall suspend all applicable
  460  licenses held by the private employer. The appropriate agency
  461  shall notify the private employer that such suspension is
  462  effective until the private employer provides the department
  463  with the required affidavit. Upon receipt of the required
  464  affidavit, the department shall notify the respective agencies
  465  to reinstate the licenses held by the private employer.
  466         b.For any private employer that does not provide the
  467  required affidavit within 30 days after the department’s request
  468  three times within any 24-month period, all applicable licenses
  469  held by the private employer must be revoked by the respective
  470  agencies that issued them.
  471         2.Impose a fine if the private employer knowingly employed
  472  an unauthorized alien in violation of this subsection:
  473         a. For a first violation, the fine is $5,000 for each
  474  unauthorized alien employed as a result of noncompliance with
  475  this subsection.
  476         b. For a second violation within 24 months of the first
  477  violation, the fine is $7,500 for each unauthorized alien
  478  employed as a result of noncompliance with this subsection.
  479  Additionally, all applicable licenses held by the private
  480  employer must be suspended for 120 days by the respective
  481  agencies that issued them.
  482         c. For a third or subsequent violation within 24 months of
  483  the first violation, the fine is $10,000 for each unauthorized
  484  alien employed as a result of noncompliance with this
  485  subsection. Additionally, all applicable licenses held by the
  486  private employer must be revoked by the respective agencies that
  487  issued them.
  488         d. All fines imposed pursuant to this subparagraph must be
  489  deposited in the General Revenue Fund.
  490         (g) For purposes of paragraph (f): this paragraph,
  491         1. The applicable licenses that are subject to suspension
  492  or revocation under that this paragraph are all licenses that
  493  are held by the private employer specific to the business
  494  location where the unauthorized alien performed work. If the
  495  private employer does not hold a license specific to the
  496  business location where the unauthorized alien performed work,
  497  but a license is necessary to operate the private employer’s
  498  business in general, the licenses that are subject to suspension
  499  or revocation under this paragraph (f) are all licenses that are
  500  held by the private employer at the private employer’s primary
  501  place of business.
  502         2.The Department of Economic Opportunity must provide
  503  notice to a private employer for any action under that paragraph
  504  in accordance with the provisions of chapter 120, including a
  505  statement of facts, and must notify the private employer of the
  506  opportunity for a hearing pursuant to ss. 120.569 and 120.57.
  507         (g)For any private employer found to have violated
  508  paragraph (f) three times within any 36 month period, the
  509  appropriate licensing agency shall permanently revoke all
  510  licenses that are held by the private employer specific to the
  511  business location where the unauthorized alien performed work.
  512  If the private employer does not hold a license specific to the
  513  business location where the unauthorized alien performed work,
  514  but a license is necessary to operate the private employer’s
  515  business in general, the appropriate licensing agency shall
  516  permanently revoke all licenses that are held by the private
  517  employer at the private employer’s primary place of business.
  518         Section 8. Effective November 1, 2026, subsection (3) of
  519  section 454.021, Florida Statutes, is amended to read:
  520         454.021 Attorneys; admission to practice law; Supreme Court
  521  to govern and regulate.—
  522         (3) Upon certification by the Florida Board of Bar
  523  Examiners that an applicant who is an unauthorized immigrant who
  524  was brought to the United States as a minor; has been present in
  525  the United States for more than 10 years; has received
  526  documented employment authorization from the United States
  527  Citizenship and Immigration Services (USCIS); has been issued a
  528  social security number; if a male, has registered with the
  529  Selective Service System if required to do so under the Military
  530  Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all
  531  requirements for admission to practice law in this state, the
  532  Supreme Court of Florida may admit that applicant as an attorney
  533  at law authorized to practice in this state and may direct an
  534  order be entered upon the court’s records to that effect.
  535         Section 9. The repeal of s. 454.021(3), Florida Statutes,
  536  by this act does not affect the validity of any license to
  537  practice law issued pursuant to that subsection before November
  538  1, 2026.
  539         Section 10. Section 787.07, Florida Statutes, is amended to
  540  read:
  541         787.07 Human smuggling.—
  542         (1) Except as provided in subsections (3) and (4), a person
  543  who knowingly and willfully commits any of the following
  544  offenses commits a felony of the third degree, punishable as
  545  provided in s. 775.082, s. 775.083, or s. 775.084:
  546         (a) Transports into or within this state an individual whom
  547  who the person knows, or reasonably should know, has entered is
  548  illegally entering the United States in violation of law and has
  549  not been inspected by the Federal Government since his or her
  550  unlawful entry from another country.
  551         (b) Conceals, harbors, or shields from detection, or
  552  attempts to conceal, harbor, or shield from detection, in any
  553  place within this state, including any temporary or permanent
  554  structure or through any means of transportation, an individual
  555  whom the person knows, or reasonably should know, has entered
  556  the United States in violation of law and has not been inspected
  557  by the Federal Government since his or her unlawful entry from
  558  another country commits a felony of the third degree, punishable
  559  as provided in s. 775.082, s. 775.083, or s. 775.084.
  560         (2) A person commits a separate offense for each individual
  561  he or she transports, conceals, harbors, or shields from
  562  detection, or attempts to transport, conceal, harbor, or shield
  563  from detection, into this state in violation of this section.
  564         (3) A person who commits five or more separate offenses
  565  under this section during a single episode commits a felony of
  566  the second degree, punishable as provided in s. 775.082, s.
  567  775.083, or s. 775.084.
  568         (4)(a) A person with a prior conviction under this section
  569  who commits a subsequent violation of this section commits a
  570  felony of the second degree, punishable as provided in s.
  571  775.082, s. 775.083, or s. 775.084.
  572         (b) As used in paragraph (a), the term “conviction” means a
  573  determination of guilt that is the result of a plea agreement or
  574  a trial, regardless of whether adjudication is withheld or a
  575  plea of nolo contendere is entered.
  576         (5) Proof that a person knowingly and willfully presented
  577  false identification or gave false information to a law
  578  enforcement officer who is conducting an investigation for a
  579  violation of this section gives rise to an inference that such
  580  person was aware that the transported, concealed, harbored, or
  581  shielded individual has entered the United States in violation
  582  of the law and had not been inspected by the Federal Government
  583  since his or her unlawful entry.
  584         (6) A person who is arrested for a violation of this
  585  section must be held in custody until brought before the court
  586  for admittance to pretrial release in accordance with chapter
  587  903.
  588         Section 11. Paragraph (f) is added to subsection (2) of
  589  section 908.104, Florida Statutes, to read:
  590         908.104 Cooperation with federal immigration authorities.—
  591         (2) Except as otherwise expressly prohibited by federal
  592  law, a state entity, local governmental entity, or law
  593  enforcement agency, or an employee, an agent, or a
  594  representative of the entity or agency, may not prohibit or in
  595  any way restrict a law enforcement agency from taking any of the
  596  following actions with respect to information regarding a
  597  person’s immigration status:
  598         (f) Sending the applicable information obtained pursuant to
  599  enforcement of s. 448.095 to a federal immigration agency.
  600         Section 12. Subsection (14) of section 943.03, Florida
  601  Statutes, is amended to read:
  602         943.03 Department of Law Enforcement.—
  603         (14) The department, with respect to counter-terrorism
  604  efforts, responses to acts of terrorism within or affecting this
  605  state, coordinating with and providing assistance to the Federal
  606  Government in the enforcement of federal immigration laws,
  607  responses to immigration enforcement incidents within or
  608  affecting this state, and other matters related to the domestic
  609  security of Florida as it relates to terrorism and immigration
  610  enforcement incidents, shall coordinate and direct the law
  611  enforcement, initial emergency, and other initial responses. The
  612  department shall work closely with the Division of Emergency
  613  Management, other federal, state, and local law enforcement
  614  agencies, fire and rescue agencies, first-responder agencies,
  615  and others involved in preparation against acts of terrorism in
  616  or affecting this state, immigration enforcement incidents
  617  within or affecting this state, and in the response to such acts
  618  or incidents. The executive director of the department, or
  619  another member of the department designated by the director,
  620  shall serve as Chief of Domestic Security for the purpose of
  621  directing and coordinating such efforts. The department and
  622  Chief of Domestic Security shall use the regional domestic
  623  security task forces as established in this chapter to assist in
  624  such efforts.
  625         Section 13. Section 943.03101, Florida Statutes, is amended
  626  to read:
  627         943.03101 Counter-terrorism and immigration enforcement
  628  coordination.—The Legislature finds that with respect to
  629  counter-terrorism efforts, and initial responses to acts of
  630  terrorism within or affecting this state, coordinating with and
  631  providing assistance to the Federal Government in the
  632  enforcement of federal immigration laws, and responses to
  633  immigration enforcement incidents within or affecting this
  634  state, specialized efforts of emergency management which are
  635  unique to such situations are required and that these efforts
  636  intrinsically involve very close coordination of federal, state,
  637  and local law enforcement agencies with the efforts of all
  638  others involved in emergency-response efforts. In order to best
  639  provide this specialized effort, the Legislature has determined
  640  that such efforts should be coordinated by and through the
  641  Department of Law Enforcement, working closely with the Division
  642  of Emergency Management and others involved in preparation
  643  against acts of terrorism in or affecting this state,
  644  immigration enforcement incidents within or affecting this
  645  state, and in the initial response to such acts, in accordance
  646  with the state comprehensive emergency management plan prepared
  647  pursuant to s. 252.35(2)(a).
  648         Section 14. Present subsections (2) through (7) of section
  649  943.0311, Florida Statutes, are redesignated as subsections (3)
  650  through (8), respectively, a new subsection (2) is added to that
  651  section, and subsection (1) and present subsection (3) of that
  652  section are amended, to read:
  653         943.0311 Chief of Domestic Security; duties of the
  654  department with respect to domestic security.—
  655         (1) The executive director of the department, or a member
  656  of the department designated by the executive director, shall
  657  serve as the Chief of Domestic Security. The Chief of Domestic
  658  Security shall:
  659         (a) Coordinate the efforts of the department in the ongoing
  660  assessment of this state’s vulnerability to, and ability to
  661  detect, prevent, prepare for, respond to, and recover from, acts
  662  of terrorism within or affecting this state and immigration
  663  enforcement incidents within or affecting this state.
  664         (b) Prepare recommendations for the Governor, the President
  665  of the Senate, and the Speaker of the House of Representatives,
  666  which are based upon ongoing assessments to limit the
  667  vulnerability of the state to terrorism and immigration
  668  enforcement incidents.
  669         (c) Coordinate the collection of proposals to limit the
  670  vulnerability of the state to terrorism and immigration
  671  enforcement incidents.
  672         (d) Use regional task forces to support the duties of the
  673  department set forth in this section.
  674         (e) Use public or private resources to perform the duties
  675  assigned to the department under this section.
  676         (2)The chief shall regularly coordinate random audits
  677  pursuant to s. 448.095 to ensure compliance and enforcement and
  678  shall notify the Department of Economic Opportunity of any
  679  violations.
  680         (4)(3) The chief shall report to the Governor, the
  681  President of the Senate, and the Speaker of the House of
  682  Representatives by November 1 of each year suggestions for
  683  specific and significant security enhancements of any building,
  684  facility, or structure owned or leased by a state agency, state
  685  university, or community college or any entity that has
  686  conducted an assessment under subsection (6) (5). The chief may
  687  utilize the assessments provided under subsection (6) (5) in
  688  making his or her suggestions. The report shall suggest
  689  strategies to maximize federal funds in support of building or
  690  facility security if such funds are available.
  691         Section 15. Section 943.0312, Florida Statutes, is amended
  692  to read:
  693         943.0312 Regional domestic security task forces.—The
  694  Legislature finds that there is a need to develop and implement
  695  a statewide strategy to address prevention, preparation,
  696  protection, response, and recovery efforts by federal, state,
  697  and local law enforcement agencies, emergency management
  698  agencies, fire and rescue departments, first-responder
  699  personnel, and others in dealing with potential or actual
  700  terrorist acts within or affecting this state and potential or
  701  actual immigration enforcement incidents within or affecting
  702  this state.
  703         (1) To assist the department and the Chief of Domestic
  704  Security in performing their roles and duties in this regard,
  705  the department shall establish a regional domestic security task
  706  force in each of the department’s operational regions. The task
  707  forces shall serve in an advisory capacity to the department and
  708  the Chief of Domestic Security and shall provide support to the
  709  department in its performance of functions pertaining to
  710  domestic security.
  711         (a) Subject to annual appropriation, the department shall
  712  provide dedicated employees to support the function of each
  713  regional domestic security task force.
  714         (b) Each task force shall be co-chaired by the department’s
  715  special agent in charge of the operational region in which the
  716  task force is located and by a local sheriff or chief of police
  717  from within the operational region.
  718         (c) Each task force membership may also include
  719  representatives of state and local law enforcement agencies,
  720  fire and rescue departments, or first-responder personnel;
  721  representatives of emergency management agencies and health,
  722  medical, and hospital agencies; representatives of local
  723  emergency planning committees; and other persons as deemed
  724  appropriate and necessary by the task force co-chairs.
  725         (d) The co-chairs of each task force may appoint
  726  subcommittees and subcommittee chairs as necessary in order to
  727  address issues related to the various disciplines represented on
  728  the task force, except that subcommittee chairs for emergency
  729  management shall be appointed with the approval of the director
  730  of the Division of Emergency Management. A subcommittee chair
  731  shall serve at the pleasure of the co-chairs.
  732         (2) In accordance with the state’s domestic security
  733  strategic goals and objectives, each task force shall coordinate
  734  efforts to counter terrorism, as defined by s. 775.30, and
  735  cooperate with and provide assistance to the Federal Government
  736  in the enforcement of federal immigration laws within or
  737  affecting this state in compliance with chapter 908, among
  738  local, state, and federal resources to ensure that such efforts
  739  are not fragmented or unnecessarily duplicated; coordinate
  740  training for local and state personnel to counter terrorism as
  741  defined in by s. 775.30; and cooperate with and provide
  742  assistance to the Federal Government in the enforcement of
  743  federal immigration laws within or affecting this state in
  744  compliance with chapter 908; coordinate the collection and
  745  dissemination of investigative and intelligence information; and
  746  facilitate responses to terrorist incidents within or affecting
  747  each region and immigration enforcement incidents within or
  748  affecting each region. With the approval of the Chief of
  749  Domestic Security, the task forces may incorporate other
  750  objectives reasonably related to the goals of enhancing the
  751  state’s domestic security and ability to detect, prevent, and
  752  respond to acts of terrorism within or affecting this state or
  753  immigration enforcement incidents within or affecting this
  754  state. Each task force shall take into account the variety of
  755  conditions and resources present within its region.
  756         (3) The Chief of Domestic Security, in conjunction with the
  757  Division of Emergency Management, the regional domestic security
  758  task forces, and the various state entities responsible for
  759  establishing training standards applicable to state law
  760  enforcement officers and fire, emergency, and first-responder
  761  personnel shall identify appropriate equipment and training
  762  needs, curricula, and materials related to the effective
  763  response to suspected or actual acts of terrorism, immigration
  764  enforcement incidents, or incidents involving real or hoax
  765  weapons of mass destruction as defined in s. 790.166.
  766  Recommendations for funding for purchases of equipment, delivery
  767  of training, implementation of, or revision to basic or
  768  continued training required for state licensure or
  769  certification, or other related responses shall be made by the
  770  Chief of Domestic Security to the Domestic Security Oversight
  771  Council, the Executive Office of the Governor, the President of
  772  the Senate, and the Speaker of the House of Representatives as
  773  necessary to ensure that the needs of this state with regard to
  774  the preparing, equipping, training, and exercising of response
  775  personnel are identified and addressed. In making such
  776  recommendations, the Chief of Domestic Security and the Division
  777  of Emergency Management shall identify all funding sources that
  778  may be available to fund such efforts.
  779         (4) Each regional domestic security task force, working in
  780  conjunction with the department, the Office of the Attorney
  781  General, and other public or private entities, shall work to
  782  ensure that hate-driven acts against ethnic groups that may have
  783  been targeted as a result of acts of terrorism in or affecting
  784  this state, or as a result of immigration enforcement incidents
  785  within or affecting this state, are appropriately investigated
  786  and responded to.
  787         (5) Members of each regional domestic security task force
  788  may not receive any pay other than their salaries normally
  789  received from their employers, but are entitled to reimbursement
  790  for per diem and travel expenses in accordance with s. 112.061.
  791         (6) Subject to annual appropriation, the department shall
  792  provide staff and administrative support for the regional
  793  domestic security task forces.
  794         Section 16. Section 943.0313, Florida Statutes, is amended
  795  to read:
  796         943.0313 Domestic Security Oversight Council.—The
  797  Legislature finds that there exists a need to provide executive
  798  direction and leadership with respect to terrorism and
  799  immigration enforcement incident prevention, preparation,
  800  protection, response, and recovery efforts by state and local
  801  agencies in this state. In recognition of this need, the
  802  Domestic Security Oversight Council is hereby created. The
  803  council shall serve as an advisory council pursuant to s.
  804  20.03(7) to provide guidance to the state’s regional domestic
  805  security task forces and other domestic security working groups
  806  and to make recommendations to the Governor and the Legislature
  807  regarding the expenditure of funds and allocation of resources
  808  related to counter-terrorism and cooperating with and providing
  809  assistance to the Federal Government in the enforcement of
  810  federal immigration laws and domestic security efforts.
  811         (1) MEMBERSHIP.—
  812         (a) The Domestic Security Oversight Council shall consist
  813  of the following voting members:
  814         1. The executive director of the Department of Law
  815  Enforcement.
  816         2. The director of the Division of Emergency Management.
  817         3. The Attorney General.
  818         4. The Commissioner of Agriculture.
  819         5. The State Surgeon General.
  820         6. The Commissioner of Education.
  821         7. The State Fire Marshal.
  822         8. The adjutant general of the Florida National Guard.
  823         9. The state chief information officer.
  824         10. Each sheriff or chief of police who serves as a co
  825  chair of a regional domestic security task force pursuant to s.
  826  943.0312(1)(b).
  827         11. Each of the department’s special agents in charge who
  828  serve as a co-chair of a regional domestic security task force.
  829         12. Two representatives of the Florida Fire Chiefs
  830  Association.
  831         13. One representative of the Florida Police Chiefs
  832  Association.
  833         14. One representative of the Florida Prosecuting Attorneys
  834  Association.
  835         15. The chair of the Statewide Domestic Security
  836  Intelligence Committee.
  837         16. One representative of the Florida Hospital Association.
  838         17. One representative of the Emergency Medical Services
  839  Advisory Council.
  840         18. One representative of the Florida Emergency
  841  Preparedness Association.
  842         19. One representative of the Florida Seaport
  843  Transportation and Economic Development Council.
  844         (b) In addition to the members designated in paragraph (a),
  845  the council may invite other ex officio, nonvoting members to
  846  attend and participate in council meetings. Those nonvoting
  847  members may include, but need not be limited to:
  848         1. The executive director of the Department of Highway
  849  Safety and Motor Vehicles.
  850         2. The Secretary of Health Care Administration.
  851         3. The Secretary of Environmental Protection.
  852         4. The director of the Division of Law Enforcement within
  853  the Fish and Wildlife Conservation Commission.
  854         5. A representative of the Commission on Human Relations.
  855         6. A representative of the United States Coast Guard.
  856         7. A United States Attorney from a federal judicial circuit
  857  within this state.
  858         8. A special agent in charge from an office of the Federal
  859  Bureau of Investigation within this state.
  860         9. A representative of the United States Department of
  861  Homeland Security.
  862         10. A representative of United States Immigration and
  863  Customs Enforcement.
  864         11. A representative of United States Customs and Border
  865  Protection.
  866         (2) ORGANIZATION.—
  867         (a) The Legislature finds that the council serves a
  868  legitimate state, county, and municipal purpose and that service
  869  on the council is consistent with a member’s principal service
  870  in public office or employment. Membership on the council does
  871  not disqualify a member from holding any other public office or
  872  being employed by a public entity, except that a member of the
  873  Legislature may not serve on the council.
  874         (b) The executive director of the Department of Law
  875  Enforcement shall serve as chair of the council, and the
  876  director of the Division of Emergency Management shall serve as
  877  vice chair of the council. In the absence of the chair, the vice
  878  chair shall serve as chair. In the absence of the vice chair,
  879  the chair may name any member of the council to perform the
  880  duties of the chair if such substitution does not extend beyond
  881  a defined meeting, duty, or period of time.
  882         (c) Any absent voting member of the council may be
  883  represented by a designee empowered to act on any issue before
  884  the council to the same extent that the designating member is
  885  empowered. If a co-chair of a regional domestic security task
  886  force is absent from a council meeting, the co-chair shall
  887  appoint a subcommittee chair of that task force as the designee.
  888         (d) The council shall establish bylaws for its general
  889  governance.
  890         (e) Any member of the council serving by reason of the
  891  office or employment held by the member shall cease to serve on
  892  the council at such time as he or she ceases to hold the office
  893  or employment which was the basis for appointment to the
  894  council.
  895         (f) Representatives from agencies or organizations other
  896  than those designated by title shall be chosen by the entity.
  897  Except for those individuals designated by title, council
  898  members shall be certified annually to the chair by the
  899  organization they represent.
  900         (g) Members of the council or their designees shall serve
  901  without compensation but are entitled to reimbursement for per
  902  diem and travel expenses pursuant to s. 112.061.
  903         (h) The department shall provide the council with the staff
  904  support necessary to assist in the performance of its duties.
  905         (3) MEETINGS.—The council must meet at least semiannually.
  906  Additional meetings may be held as necessary. A majority of the
  907  members of the council constitutes a quorum.
  908         (4) EXECUTIVE COMMITTEE.—
  909         (a) The council shall establish an executive committee
  910  consisting of the following members:
  911         1. The executive director of the Department of Law
  912  Enforcement.
  913         2. The director of the Division of Emergency Management.
  914         3. The Attorney General.
  915         4. The Commissioner of Agriculture.
  916         5. The State Surgeon General.
  917         6. The Commissioner of Education.
  918         7. The State Fire Marshal.
  919         (b) The executive director of the Department of Law
  920  Enforcement shall serve as the chair of the executive committee,
  921  and the director of the Division of Emergency Management shall
  922  serve as the vice chair of the executive committee.
  923         (c) The executive committee shall approve all matters
  924  brought before the council prior to consideration. When
  925  expedited action of the council is deemed necessary by the chair
  926  or vice chair, the executive committee may act on behalf of the
  927  council.
  928         (5) DUTIES OF THE COUNCIL.—
  929         (a) The Domestic Security Oversight Council shall serve as
  930  an advisory council to the Governor, the Legislature, and the
  931  Chief of Domestic Security. The council shall:
  932         1. Review the development, maintenance, and operation of a
  933  comprehensive multidisciplinary domestic security strategy that
  934  will guide the state’s prevention, preparedness, protection,
  935  response, and recovery efforts against terrorist attacks and
  936  immigration enforcement incidents and make appropriate
  937  recommendations to ensure the implementation of that strategy.
  938         2. Review the development of integrated funding plans to
  939  support specific projects, goals, and objectives necessary to
  940  the state’s domestic security strategy and make appropriate
  941  recommendations to implement those plans.
  942         3. Review and recommend approval of prioritized
  943  recommendations from regional domestic security task forces and
  944  state working groups on the use of available funding to ensure
  945  the use of such funds in a manner that best promotes the goals
  946  of statewide, regional, and local domestic security through
  947  coordinated planning and implementation strategies.
  948         4. Review and recommend approval of statewide policies and
  949  operational protocols that support the domestic security efforts
  950  of the regional domestic security task forces and state
  951  agencies.
  952         5. Review the overall statewide effectiveness of domestic
  953  security efforts, and counter-terrorism efforts, and efforts of
  954  coordinating with and providing assistance to the Federal
  955  Government in the enforcement of federal immigration laws in
  956  order to provide suggestions to improve or enhance those
  957  efforts.
  958         6. Review the efforts of any agency or entity involved in
  959  state or local domestic security efforts, and counter-terrorism
  960  efforts, and efforts of coordination with and providing
  961  assistance to the Federal Government in the enforcement of
  962  federal immigration laws that requests assistance or that
  963  appears to need such review in order to provide suggestions to
  964  improve or enhance those efforts.
  965         7. Review efforts within the state to better secure state
  966  and local infrastructure against terrorist attack or immigration
  967  enforcement incidents and make recommendations to enhance the
  968  effectiveness of such efforts.
  969         8. Review and recommend legislative initiatives related to
  970  the state’s domestic security and provide endorsement or
  971  recommendations to enhance the effectiveness of such efforts.
  972         9. Review statewide or multiagency mobilizations and
  973  responses to major domestic security incidents and recommend
  974  suggestions for training, improvement of response efforts, or
  975  improvement of coordination or for other strategies that may be
  976  derived as necessary from such reviews.
  977         10. Conduct any additional review or inquiry or make
  978  recommendations to the Governor and Legislature in support of
  979  other initiatives, as may be necessary, to fulfill the function
  980  of general oversight of the state’s domestic security efforts,
  981  and counter-terrorism efforts, and efforts of coordinating with
  982  and providing assistance to the Federal Government in the
  983  enforcement of federal immigration laws and to promote increased
  984  security.
  985         11. Promote and preserve intergovernmental cooperation and
  986  consensus among state and local agencies, the Federal
  987  Government, private entities, other states, and other nations,
  988  as appropriate, under the guidance of the Governor.
  989         (b) The Domestic Security Oversight Council shall make an
  990  annual funding recommendation to the Governor and Legislature
  991  which shall prioritize funding requests based on allocations
  992  from all available sources for implementing the state’s domestic
  993  security strategy. This recommendation must include the
  994  prioritized recommendations of each of the regional domestic
  995  security task forces and the various working groups that
  996  participate in the prioritization process for funding
  997  allocations. The recommendation must reflect the consideration
  998  of strategic priorities and allocations that best serve the
  999  state’s overall domestic security needs. The recommendation
 1000  shall be transmitted to the Governor and the Legislature by
 1001  December 31 of each year. If additional funds become available,
 1002  or reallocation of funding is required beyond current spending
 1003  authorizations, the council may make recommendations to the
 1004  Governor for consideration by the Legislative Budget Commission.
 1005         (6) REPORTS.—The council shall report annually on its
 1006  activities, on or before December 31 of each calendar year, to
 1007  the Governor, the President of the Senate, the Speaker of the
 1008  House of Representatives, and the chairs of the committees
 1009  having principal jurisdiction over domestic security in the
 1010  Senate and the House of Representatives.
 1011         (7) AGENCY DESIGNATION.—For purposes of this section, the
 1012  Domestic Security Oversight Council shall be considered a
 1013  criminal justice agency within the definition of s. 119.011(4).
 1014         Section 17. Paragraph (g) of subsection (2) and paragraph
 1015  (a) of subsection (3) of section 943.325, Florida Statutes, are
 1016  amended, and paragraph (f) is added to subsection (7) of that
 1017  section, to read:
 1018         943.325 DNA database.—
 1019         (2) DEFINITIONS.—As used in this section, the term:
 1020         (g) “Qualifying offender” means any person, including
 1021  juveniles and adults, who is:
 1022         1.a. Committed to a county jail;
 1023         b. Committed to or under the supervision of the Department
 1024  of Corrections, including persons incarcerated in a private
 1025  correctional institution operated under contract pursuant to s.
 1026  944.105;
 1027         c. Committed to or under the supervision of the Department
 1028  of Juvenile Justice;
 1029         d. Transferred to this state under the Interstate Compact
 1030  on Juveniles, part XIII of chapter 985; or
 1031         e. Accepted under Article IV of the Interstate Corrections
 1032  Compact, part III of chapter 941; and who is:
 1033         2.a. Convicted of any felony offense or attempted felony
 1034  offense in this state or of a similar offense in another
 1035  jurisdiction;
 1036         b. Convicted of a misdemeanor violation of s. 784.048, s.
 1037  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
 1038  offense that was found, pursuant to s. 874.04, to have been
 1039  committed for the purpose of benefiting, promoting, or
 1040  furthering the interests of a criminal gang as defined in s.
 1041  874.03; or
 1042         c. Arrested for any felony offense or attempted felony
 1043  offense in this state; or
 1044         d. In the custody of a law enforcement agency and is
 1045  subject to an immigration detainer issued by a federal
 1046  immigration agency.
 1047         (3) COLLECTION OF SAMPLES.—
 1048         (a) Each qualifying offender shall submit a DNA sample at
 1049  the time he or she is booked into a jail, correctional facility,
 1050  or juvenile facility. A person who becomes a qualifying offender
 1051  solely because of the issuance of an immigration detainer by a
 1052  federal immigration agency must submit a DNA sample when the law
 1053  enforcement agency having custody of the offender receives the
 1054  detainer.
 1055         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
 1056         (f) A law enforcement agency having custody of a person who
 1057  becomes a qualifying offender solely because of the issuance of
 1058  an immigration detainer by a federal immigration agency shall
 1059  ensure that a DNA sample is taken from the offender immediately
 1060  after the agency receives the detainer and shall secure and
 1061  transmit the sample to the department in a timely manner.
 1062         Section 18. Except as otherwise expressly provided in this
 1063  act, this act shall take effect July 1, 2023.