Florida Senate - 2025                                    SB 1668
       
       
        
       By Senator Smith
       
       
       
       
       
       17-00429C-25                                          20251668__
    1                        A bill to be entitled                      
    2         An act relating to immigration and state-issued
    3         identification; providing a short title and purpose of
    4         the act; amending s. 20.60, F.S.; establishing the
    5         Office for New Americans in the Department of
    6         Commerce; providing responsibilities of the office;
    7         amending s. 322.08, F.S.; requiring proof of a
    8         specified identification number for certain applicants
    9         for a driver license; deleting a provision authorizing
   10         the Department of Highway Safety and Motor Vehicles to
   11         require applicants to produce certain documents from
   12         the United States Department of Homeland Security for
   13         certain purposes; authorizing additional specified
   14         documents issued by foreign governments to satisfy
   15         proof-of-identity requirements; providing that a
   16         driver license or temporary permit issued based on
   17         specified documents is valid for a specified period;
   18         deleting a provision authorizing applications to
   19         include fingerprints and other unique biometric means
   20         of identity; amending s. 322.12, F.S.; prohibiting the
   21         Department of Highway Safety and Motor Vehicles from
   22         waiving certain tests for applicants who provide proof
   23         of identity using specified foreign documents;
   24         amending s. 322.142, F.S.; providing a short title;
   25         defining the term “agency that primarily enforces
   26         immigration law”; prohibiting the Department of
   27         Highway Safety and Motor Vehicles from disclosing or
   28         making accessible certain photographs and related
   29         information to any agency that primarily enforces
   30         immigration law or to any employee or agent of such
   31         agency; providing exceptions; requiring that the
   32         department notify a person about whom certain
   33         information was requested; requiring that the
   34         department require a person or entity to certify
   35         specified information before such person or entity
   36         receives or has access to certain information;
   37         requiring such person or entity to keep certain
   38         records for a specified timeframe; requiring that such
   39         records be maintained in a manner and form prescribed
   40         by department rule and be available for inspection by
   41         the department; amending ss. 322.17, 322.18, and
   42         322.19, F.S.; requiring a licensee to obtain a
   43         duplicate or replacement instruction permit or driver
   44         license, renew a driver license, or change his or her
   45         name or address, respectively, in person and upon
   46         submission of specified identification documents under
   47         certain circumstances; repealing s. 395.3027, F.S.,
   48         relating to patient immigration status data
   49         collection; amending s. 402.308, F.S.; prohibiting
   50         certain entities from denying a license to a child
   51         care facility based on immigration status; amending s.
   52         448.095, F.S.; deleting a requirement for certain
   53         private employers to use the E-Verify system; deleting
   54         a prohibition against employers continuing to employ
   55         certain persons; authorizing employers, state
   56         contractors, and subcontractors to use the Employment
   57         Eligibility Verification form to verify work
   58         authorization status; deleting provisions requiring
   59         subcontractors to provide a certain affidavit,
   60         terminating certain contracts, and providing a cause
   61         of action; amending s. 454.021, F.S.; deleting
   62         provisions relating to a person’s immigration status
   63         when admitting persons to practice law in this state;
   64         amending ss. 760.01, 760.05, 760.07, 760.08, 760.10,
   65         760.23, 760.24, 760.25, 760.26, 760.29, and 760.60,
   66         F.S.; providing that discrimination based on a
   67         person’s immigration status is unlawful; creating s.
   68         760.45, F.S.; prohibiting a person or entity from
   69         discriminating against an individual because the
   70         individual holds or presents a driver license that
   71         does not comply with the REAL ID Act of 2005;
   72         prohibiting an employer from requiring an employee to
   73         present a driver license; providing exceptions;
   74         providing construction; prohibiting the state or a
   75         local government, an agent acting on behalf of the
   76         state or a local government, or a program or activity
   77         that receives financial assistance from the state from
   78         discriminating against an individual because the
   79         individual holds or presents a driver license that
   80         does not comply with the REAL ID Act of 2005; amending
   81         s. 775.0848, F.S.; revising the reclassification of
   82         certain penalties for offenses committed by persons
   83         who have been previously convicted of a crime relating
   84         to the reentry of removed aliens; repealing s. 787.07,
   85         F.S., relating to human smuggling; repealing ss.
   86         908.103, 908.105, and 908.106, F.S., relating to the
   87         prohibition of sanctuary policies, duties relating to
   88         immigration detainees, and the reimbursement of costs,
   89         respectively; amending ss. 908.102 and 908.107, F.S.;
   90         conforming provisions to changes made by the act;
   91         amending s. 908.104, F.S.; requiring certain law
   92         enforcement agencies to facilitate a certain screening
   93         by a public defender of a person subject to a federal
   94         immigration detainer who is in the agency’s custody;
   95         requiring that such screening be in the preferred
   96         language of the detainee; authorizing law enforcement
   97         agencies to decline to comply with a federal
   98         immigration detainer under certain circumstances;
   99         deleting provisions relating to cooperation with
  100         federal immigration authorities; creating s. 908.1041,
  101         F.S.; providing definitions; prohibiting local law
  102         enforcement agencies and officers, sheriff’s deputies,
  103         and federal immigration agencies from engaging in or
  104         cooperating with immigration enforcement activities or
  105         engaging in or cooperating with immigration
  106         enforcement activities pursuant to the Unauthorized
  107         Alien Transport Program within a specified distance of
  108         public or private schools, child care facilities, or
  109         religious institutions; providing an exception;
  110         requiring law enforcement agencies to submit a certain
  111         report to the Department of Law Enforcement within a
  112         specified timeframe; providing requirements for the
  113         report; specifying sanctions imposed for violations;
  114         amending s. 908.11, F.S.; prohibiting sheriffs or
  115         chief correctional officers operating county detention
  116         facilities from entering into or renewing an
  117         immigration enforcement assistance agreement beginning
  118         on a date certain; requiring certain agencies to
  119         update the department on the status of active or
  120         pending agreements starting on a date certain;
  121         requiring the department to establish certain training
  122         on immigration enforcement; repealing s. 921.1426,
  123         F.S., relating to sentence of death for capital
  124         offense committed by unauthorized alien; amending s.
  125         943.325, F.S.; authorizing, rather than requiring,
  126         certain qualifying offenders to submit a DNA sample to
  127         a law enforcement agency; prohibiting law enforcement
  128         agencies from forcibly extracting DNA samples from
  129         certain persons; amending s. 1002.31, F.S.; requiring
  130         district school boards to provide preferential
  131         treatment relating to open enrollment to specified
  132         children, regardless of their immigration status;
  133         amending s. 1003.21, F.S.; requiring that specified
  134         children, regardless of their immigration status, be
  135         admitted to their parent’s or guardian’s school of
  136         choice; amending s. 1009.26, F.S.; requiring specified
  137         entities to waive out-of-state fees for certain
  138         postsecondary and graduate students if specified
  139         conditions are met; revising the conditions under
  140         which such entities must waive out-of-state fees;
  141         providing that a student who receives a fee waiver is
  142         still eligible for state financial aid; amending s.
  143         1009.40, F.S.; prohibiting the denial of resident
  144         status for purposes of financial aid to certain
  145         students based solely on their immigration status;
  146         amending ss. 435.04, 456.074, 480.041, 480.043,
  147         775.30, 794.056, 921.0022, and 938.085, F.S.;
  148         conforming provisions to changes made by the act;
  149         providing an effective date.
  150          
  151  Be It Enacted by the Legislature of the State of Florida:
  152  
  153         Section 1. (1)This act may be cited as the “Florida
  154  Economic Prosperity and Immigration Act.”
  155         (2)The purpose of this act is to show that although the
  156  administration of immigration is incredibly complex and
  157  immigration regulation is the role of the Federal Government,
  158  this state should do its part, when possible, by welcoming,
  159  valuing, and upholding the dignity of all immigrants who call
  160  the Sunshine State home.
  161         Section 2. Paragraph (a) of subsection (3) of section
  162  20.60, Florida Statutes, is amended to read:
  163         20.60 Department of Commerce; creation; powers and duties.—
  164         (3)(a) The following divisions and offices of the
  165  Department of Commerce are established:
  166         1. The Division of Economic Development.
  167         2. The Division of Community Development.
  168         3. The Division of Workforce Services.
  169         4. The Division of Finance and Administration.
  170         5. The Division of Information Technology.
  171         6. The Office of the Secretary.
  172         7. The Office of Economic Accountability and Transparency,
  173  which shall:
  174         a. Oversee the department’s critical objectives as
  175  determined by the secretary and make sure that the department’s
  176  key objectives are clearly communicated to the public.
  177         b. Organize department resources, expertise, data, and
  178  research to focus on and solve the complex economic challenges
  179  facing the state.
  180         c. Provide leadership for the department’s priority issues
  181  that require integration of policy, management, and critical
  182  objectives from multiple programs and organizations internal and
  183  external to the department; and organize and manage external
  184  communication on such priority issues.
  185         d. Promote and facilitate key department initiatives to
  186  address priority economic issues and explore data and identify
  187  opportunities for innovative approaches to address such economic
  188  issues.
  189         e. Promote strategic planning for the department.
  190         8.The Office for New Americans, which shall:
  191         a.Create and implement a statewide strategy and program to
  192  foster and promote immigrant and refugee inclusion in this state
  193  in order to improve economic mobility, enhance civic
  194  participation, and improve receiving communities’ openness to
  195  immigrants and refugees.
  196         b.Address this state’s workforce needs by connecting
  197  employers and job seekers within the immigrant and refugee
  198  community.
  199         c.Serve as an information clearinghouse for state agencies
  200  on immigration-related policy issues and coordinate among
  201  agencies as appropriate to make policy recommendations.
  202         d.Act as a point of contact for state licensing boards and
  203  other agencies dealing with professional regulations.
  204         e.Identify and support implementation of programs and
  205  strategies, including the creation of alternative employment
  206  pathways, to reduce employment barriers for immigrants and
  207  refugees.
  208         f.Work with state agencies and community and foundation
  209  partners to undertake studies and to research and analyze
  210  economic and demographic trends to better understand and serve
  211  this state’s immigrant and refugee communities.
  212         g.Coordinate and establish best practices for language
  213  access initiatives for all state agencies.
  214         Section 3. Subsection (2) of section 322.08, Florida
  215  Statutes, is amended to read:
  216         322.08 Application for license; requirements for license
  217  and identification card forms.—
  218         (2) Each such application shall include the following
  219  information regarding the applicant:
  220         (a) Full name (first, middle or maiden, and last), gender,
  221  proof of social security card number satisfactory to the
  222  department, which may include a military identification card,
  223  county of residence, mailing address, proof of residential
  224  address satisfactory to the department, country of birth, and a
  225  brief description. An applicant who cannot provide a social
  226  security card must provide proof of a number associated with a
  227  document establishing identity, as specified in paragraph (c).
  228         (b) Proof of birth date satisfactory to the department.
  229         (c) Proof of identity satisfactory to the department. Such
  230  proof must include one of the following documents issued to the
  231  applicant:
  232         1. A driver license record or identification card record
  233  from another jurisdiction which complies with the REAL ID Act of
  234  2005, Pub. L. No. 109-13, and which required the applicant to
  235  submit a document for identification which is substantially
  236  similar to a document required under subparagraph 2.,
  237  subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
  238  6., subparagraph 7., or subparagraph 8.;
  239         2. A certified copy of a United States birth certificate.;
  240         3. A valid, unexpired United States passport or passport
  241  card.;
  242         4. A naturalization certificate issued by the United States
  243  Department of Homeland Security.;
  244         5. A valid, unexpired alien registration receipt card
  245  (green card).;
  246         6. A Consular Report of Birth Abroad provided by the United
  247  States Department of State.;
  248         7. An unexpired employment authorization card issued by the
  249  United States Department of Homeland Security.; or
  250         8. Proof of any of the following documents nonimmigrant
  251  classification provided by the United States Department of
  252  Homeland Security, for an original driver license. In order to
  253  prove nonimmigrant classification, an applicant must provide at
  254  least one of the following documents. In addition, the
  255  department may require applicants to produce United States
  256  Department of Homeland Security documents for the sole purpose
  257  of establishing the maintenance of, or efforts to maintain,
  258  continuous lawful presence:
  259         a. A notice of hearing from an immigration court scheduling
  260  a hearing on any proceeding.
  261         b. A notice from the Board of Immigration Appeals
  262  acknowledging pendency of an appeal.
  263         c. A notice of the approval of an application for
  264  adjustment of status issued by the United States Citizenship and
  265  Immigration Services.
  266         d. An official documentation confirming the filing of a
  267  petition for asylum or refugee status or any other relief issued
  268  by the United States Citizenship and Immigration Services.
  269         e. A notice of action transferring any pending matter from
  270  another jurisdiction to this state issued by the United States
  271  Citizenship and Immigration Services.
  272         f. An order of an immigration judge or immigration officer
  273  granting relief which that authorizes the alien to live and work
  274  in the United States, including, but not limited to, asylum.
  275         g. Evidence that an application is pending for adjustment
  276  of status to that of an alien lawfully admitted for permanent
  277  residence in the United States or conditional permanent resident
  278  status in the United States, if a visa number is available
  279  having a current priority date for processing by the United
  280  States Citizenship and Immigration Services.
  281         h. An unexpired passport issued by the government of
  282  another country with:
  283         (I) A stamp or mark affixed by the Federal Government onto
  284  the passport to evidence and authorize lawful presence in the
  285  United States; or
  286         (II) An unexpired I-94, or current permanent resident card,
  287  or unexpired immigrant visa, issued by the Federal Government.
  288         9.A passport issued by a foreign government.
  289         10.A birth certificate issued by a foreign government.
  290         11.A consular identification document.
  291         12.A national identification card issued by a foreign
  292  government.
  293         13.A driver license issued by a foreign government. If the
  294  foreign driver license is in a language other than English, the
  295  driver license must be accompanied by a certified translation or
  296  an affidavit of translation into English.
  297         14.A school document, including any document issued by a
  298  public or private primary or secondary school or a postsecondary
  299  institution, college, or university, which either includes the
  300  applicant’s date of birth or, if a foreign school document, is
  301  sealed by the school and includes a photograph of the applicant
  302  at the age the record was issued.
  303         15.A court document issued by or filed with a state
  304  government in which the applicant is named as a party to a court
  305  proceeding.
  306         16.An income tax return.
  307         17.A marriage license on which the applicant is named as a
  308  party. If the language on the marriage license is a language
  309  other than English, the marriage license must be accompanied by
  310  a certified translation or an affidavit of translation into
  311  English.
  312         18.A judgment for the dissolution of a marriage on which
  313  the applicant is named as a party. If the language on the
  314  judgment is a language other than English, the judgment must be
  315  accompanied by a certified translation or an affidavit of
  316  translation into English.
  317  
  318  A driver license or temporary permit issued based on documents
  319  required in subparagraph 7., or subparagraph 8., subparagraph
  320  9., subparagraph 10., subparagraph 11., subparagraph 12., or
  321  subparagraph 13. is valid for a period not to exceed the
  322  expiration date of the document presented or 8 years, whichever
  323  date first occurs. A driver license or temporary permit issued
  324  based on documents required in subparagraph 14., subparagraph
  325  15., subparagraph 16., subparagraph 17., or subparagraph 18. is
  326  valid for 8 years 1 year.
  327         (d) Whether the applicant has previously been licensed to
  328  drive, and, if so, when and by what state, and whether any such
  329  license or driving privilege has ever been disqualified,
  330  revoked, or suspended, or whether an application has ever been
  331  refused, and, if so, the date of and reason for such
  332  disqualification, suspension, revocation, or refusal.
  333         (e)Each such application may include fingerprints and
  334  other unique biometric means of identity.
  335         Section 4. Subsection (1) of section 322.12, Florida
  336  Statutes, is amended to read:
  337         322.12 Examination of applicants.—
  338         (1) It is the intent of the Legislature that every
  339  applicant for an original driver license in this state be
  340  required to pass an examination pursuant to this section.
  341  However, the department may waive the knowledge, endorsement,
  342  and skills tests for an applicant who is otherwise qualified,
  343  except for an applicant who provides proof of identity under s.
  344  322.08(2)(c)9., 10., 11., 12., 13., 14., 15., 16., 17., or 18.,
  345  and who surrenders a valid driver license from another state or
  346  a province of Canada, or a valid driver license issued by the
  347  United States Armed Forces, if the driver applies for a Florida
  348  license of an equal or lesser classification. An applicant who
  349  fails to pass the initial knowledge test incurs a $10 fee for
  350  each subsequent test, to be deposited into the Highway Safety
  351  Operating Trust Fund, except that if a subsequent test is
  352  administered by the tax collector, the tax collector shall
  353  retain such $10 fee, less the general revenue service charge set
  354  forth in s. 215.20(1). An applicant who fails to pass the
  355  initial skills test incurs a $20 fee for each subsequent test,
  356  to be deposited into the Highway Safety Operating Trust Fund,
  357  except that if a subsequent test is administered by the tax
  358  collector, the tax collector shall retain such $20 fee, less the
  359  general revenue service charge set forth in s. 215.20(1). A
  360  person who seeks to retain a hazardous-materials endorsement,
  361  pursuant to s. 322.57(1)(e), must pass the hazardous-materials
  362  test, upon surrendering his or her commercial driver license, if
  363  the person has not taken and passed the hazardous-materials test
  364  within 2 years before applying for a commercial driver license
  365  in this state.
  366         Section 5. Section 322.142, Florida Statutes, is amended to
  367  read:
  368         322.142 Color photographic or digital imaged licenses;
  369  protection of personal information.—
  370         (1) The department shall, upon receipt of the required fee,
  371  issue to each qualified applicant for a driver license a color
  372  photographic or digital imaged driver license bearing a fullface
  373  photograph or digital image of the licensee. Notwithstanding
  374  chapter 761 or s. 761.05, the requirement for a fullface
  375  photograph or digital image of the licensee may not be waived. A
  376  space shall be provided upon which the licensee shall affix his
  377  or her usual signature, as required in s. 322.14, in the
  378  presence of an authorized agent of the department so as to
  379  ensure that such signature becomes a part of the license.
  380         (2) The department shall, upon receipt of the required fee,
  381  issue to each qualified licensee applying for a renewal license
  382  in accordance with s. 322.18 a color photographic or digital
  383  imaged license as provided for in subsection (1).
  384         (3) The department may conduct negotiations and enter into
  385  contracts with qualified firms possessing the requisite
  386  qualifications for the development and production of
  387  photographic or digital imaged identification documents to
  388  assure efficient and economical processing of such licenses in
  389  sufficient quantity and of acceptable quality to meet the
  390  requirements and intent of this section, and to ensure adequate
  391  service at a sufficient number of locations, at the lowest
  392  competitive sealed bid price.
  393         (4) The department may maintain a film negative or print
  394  file. The department shall maintain a record of the digital
  395  images and signatures image and signature of the licensees,
  396  together with other data required by the department for
  397  identification and retrieval. Reproductions from the file or
  398  digital record are exempt from the provisions of s. 119.07(1)
  399  and may be made and issued only for any of the following
  400  purposes:
  401         (a) For departmental administrative purposes.;
  402         (b) For the issuance of duplicate licenses.;
  403         (c) In response to law enforcement agency requests, except
  404  as provided in subsection (5).;
  405         (d) To the Department of Business and Professional
  406  Regulation and the Department of Health pursuant to an
  407  interagency agreement for the purpose of accessing digital
  408  images for reproduction of licenses issued by the Department of
  409  Business and Professional Regulation or the Department of
  410  Health.;
  411         (e) To the Department of State or a supervisor of elections
  412  pursuant to an interagency agreement to facilitate
  413  determinations of eligibility of voter registration applicants
  414  and registered voters in accordance with ss. 98.045 and 98.075.;
  415         (f) To the Department of Revenue pursuant to an interagency
  416  agreement for use in establishing paternity and establishing,
  417  modifying, or enforcing support obligations in Title IV-D
  418  cases.;
  419         (g) To the Department of Children and Families pursuant to
  420  an interagency agreement to conduct protective investigations
  421  under part III of chapter 39 and chapter 415.;
  422         (h) To the Department of Children and Families pursuant to
  423  an interagency agreement specifying the number of employees in
  424  each of that department’s regions to be granted access to the
  425  records for use as verification of identity to expedite the
  426  determination of eligibility for public assistance and for use
  427  in public assistance fraud investigations.;
  428         (i) To the Agency for Health Care Administration pursuant
  429  to an interagency agreement for the purpose of authorized
  430  agencies verifying photographs in the Care Provider Background
  431  Screening Clearinghouse authorized under s. 435.12.;
  432         (j) To the Department of Financial Services pursuant to an
  433  interagency agreement to facilitate the location of owners of
  434  unclaimed property, the validation of unclaimed property claims,
  435  the identification of fraudulent or false claims, and the
  436  investigation of allegations of violations of the insurance code
  437  by licensees and unlicensed persons.;
  438         (k) To the Department of Commerce pursuant to an
  439  interagency agreement to facilitate the validation of
  440  reemployment assistance claims and the identification of
  441  fraudulent or false reemployment assistance claims.;
  442         (l) To district medical examiners pursuant to an
  443  interagency agreement for the purpose of identifying a deceased
  444  individual, determining cause of death, and notifying next of
  445  kin of any investigations, including autopsies and other
  446  laboratory examinations, authorized in s. 406.11.;
  447         (m) To the following persons for the purpose of identifying
  448  a person as part of the official work of a court:
  449         1. A justice or judge of this state;
  450         2. An employee of the state courts system who works in a
  451  position that is designated in writing for access by the Chief
  452  Justice of the Supreme Court or a chief judge of a district or
  453  circuit court, or by his or her designee; or
  454         3. A government employee who performs functions on behalf
  455  of the state courts system in a position that is designated in
  456  writing for access by the Chief Justice or a chief judge, or by
  457  his or her designee.; or
  458         (n) To the Agency for Health Care Administration pursuant
  459  to an interagency agreement to prevent health care fraud. If the
  460  Agency for Health Care Administration enters into an agreement
  461  with a private entity to carry out duties relating to health
  462  care fraud prevention, such contracts shall include, but need
  463  not be limited to:
  464         1. Provisions requiring internal controls and audit
  465  processes to identify access, use, and unauthorized access of
  466  information.
  467         2. A requirement to report unauthorized access or use to
  468  the Agency for Health Care Administration within 1 business day
  469  after the discovery of the unauthorized access or use.
  470         3. Provisions for liquidated damages for unauthorized
  471  access or use of no less than $5,000 per occurrence.
  472         (5)(a)This subsection shall be known and may be cited as
  473  the “Driver License Privacy Act.”
  474         (b)For purposes of this subsection, the term “agency that
  475  primarily enforces immigration law” includes, but is not limited
  476  to, United States Immigration and Customs Enforcement, United
  477  States Customs and Border Protection, or any successor agencies
  478  that have similar duties.
  479         (c)Except as required for the department to issue or renew
  480  a driver license or learner’s driver license that meets federal
  481  standards for identification, the department may not disclose or
  482  make accessible, in any manner, to any agency that primarily
  483  enforces immigration law or to any employee or agent of such
  484  agency, photographs and related information pertaining to
  485  persons whose image or personal identifying information is
  486  possessed by the department, unless the department is presented
  487  with a lawful court order or judicial warrant signed by a judge
  488  appointed under Article III of the United States Constitution.
  489  Within 3 days after receiving a request for information under
  490  this subsection from such an agency, the department must notify
  491  the person about whom such information was requested of the
  492  request and the identity of the agency that made such request.
  493         (d)Before any person or entity receives or has access to
  494  information from the department under this subsection, the
  495  department must require such person or entity to certify to the
  496  department that the person or entity will not:
  497         1.Use such information for civil immigration purposes; or
  498         2.Disclose such information to any agency that primarily
  499  enforces immigration law or to any employee or agent of any such
  500  agency unless such disclosure is pursuant to a cooperative
  501  arrangement between municipal, state, and federal agencies, if
  502  the arrangement does not enforce immigration law and if the
  503  disclosure is limited to the specific information being sought
  504  pursuant to the arrangement.
  505         (e)In addition to any records required to be kept pursuant
  506  to 18 U.S.C. s. 2721(c), any person or entity that receives or
  507  has access to information from the department under this
  508  subsection must keep both of the following for a period of 5
  509  years records:
  510         1.Of all the uses of such department information.
  511         2.That identify each person or entity that primarily
  512  enforces immigration law which receives such department
  513  information from the person or entity.
  514         (f)The records identified in paragraph (e) must be
  515  maintained in a manner and form prescribed by department rule
  516  and must be available for inspection by the department.
  517         Section 6. Subsection (3) of section 322.17, Florida
  518  Statutes, is amended to read:
  519         322.17 Replacement licenses and permits.—
  520         (3) Notwithstanding any other provision provisions of this
  521  chapter, if a licensee establishes his or her identity for a
  522  driver license using an identification document authorized under
  523  s. 322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8., the licensee may
  524  not obtain a duplicate or replacement instruction permit or
  525  driver license except in person and upon submission of an
  526  identification document authorized under s. 322.08(2)(c)7.-18.
  527  s. 322.08(2)(c)7. or 8.
  528         Section 7. Paragraph (d) of subsection (2) and paragraph
  529  (c) of subsection (4) of section 322.18, Florida Statutes, are
  530  amended to read:
  531         322.18 Original applications, licenses, and renewals;
  532  expiration of licenses; delinquent licenses.—
  533         (2) Each applicant who is entitled to the issuance of a
  534  driver license, as provided in this section, shall be issued a
  535  driver license, as follows:
  536         (d)1. Notwithstanding any other provision of this chapter,
  537  if an applicant establishes his or her identity for a driver
  538  license using a document authorized in s. 322.08(2)(c)7.-13. s.
  539  322.08(2)(c)7. or 8., the driver license shall expire 8 years 1
  540  year after the date of issuance or upon the expiration date
  541  cited on the United States Department of Homeland Security
  542  documents, whichever date first occurs.
  543         2.Notwithstanding any other provision of this chapter, if
  544  an applicant establishes his or her identity for a driver
  545  license using a document authorized in s. 322.08(2)(c)14.-18.,
  546  the driver license shall expire 8 years after the date of
  547  issuance.
  548         (4)
  549         (c)1. Notwithstanding any other provision of this chapter,
  550  if a licensee establishes his or her identity for a driver
  551  license using an identification document authorized under s.
  552  322.08(2)(c)7.-13. s. 322.08(2)(c)7. or 8., the licensee may not
  553  renew the driver license except in person and upon submission of
  554  an identification document authorized under s. 322.08(2)(c)7.
  555  13. s. 322.08(2)(c)7. or 8. A driver license renewed under this
  556  subparagraph paragraph expires 8 years 1 year after the date of
  557  issuance or upon the expiration date cited on the United States
  558  Department of Homeland Security documents, whichever date first
  559  occurs.
  560         2.Notwithstanding any other provision of this chapter, if
  561  a licensee establishes his or her identity for a driver license
  562  using an identification document authorized under s.
  563  322.08(2)(c)14.-18., the licensee may only renew the driver
  564  license in person and upon submission of an identification
  565  document authorized under s. 322.08(2)(c)14.-18. A driver
  566  license renewed under this subparagraph expires 8 years after
  567  the date of issuance.
  568         Section 8. Subsection (5) of section 322.19, Florida
  569  Statutes, is amended to read:
  570         322.19 Change of address, name, or citizenship status.—
  571         (5) Notwithstanding any other provision of this chapter, if
  572  a licensee established his or her identity for a driver license
  573  using an identification document authorized under s.
  574  322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8., the licensee may not
  575  change his or her name or address except in person and upon
  576  submission of an identification document authorized under s.
  577  322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8.
  578         Section 9. Section 395.3027, Florida Statutes, is repealed.
  579         Section 10. Subsection (6) is added to section 402.308,
  580  Florida Statutes, to read:
  581         402.308 Issuance of license.—
  582         (6)IMMIGRATION STATUS.—The department or a local licensing
  583  agency may not deny a child care facility a license or a license
  584  renewal based solely on the immigration status of a child under
  585  the care of the child care facility.
  586         Section 11. Present paragraph (f) of subsection (2) of
  587  section 448.095, Florida Statutes, is redesignated as paragraph
  588  (e), and paragraphs (b) and (e) of subsection (2), paragraph (a)
  589  of subsection (4), subsection (5), and paragraphs (a) and (b) of
  590  subsection (6) of that section are amended, to read:
  591         448.095 Employment eligibility.—
  592         (2) EMPLOYMENT VERIFICATION.—
  593         (b)1. A public agency shall use the E-Verify system to
  594  verify a new employee’s employment eligibility as required under
  595  paragraph (a).
  596         2.Beginning on July 1, 2023, a private employer with 25 or
  597  more employees shall use the E-Verify system to verify a new
  598  employee’s employment eligibility as required under paragraph
  599  (a).
  600         2.3. Each employer required to use the E-Verify system
  601  under this paragraph must certify on its first return each
  602  calendar year to the tax service provider that it is in
  603  compliance with this section when making contributions to or
  604  reimbursing the state’s unemployment compensation or
  605  reemployment assistance system. An employer that voluntarily
  606  uses the E-Verify system may also make such a certification on
  607  its first return each calendar year in order to document such
  608  use.
  609         (e)An employer may not continue to employ an unauthorized
  610  alien after obtaining knowledge that a person is or has become
  611  an unauthorized alien.
  612         (4) DEFENSES.—
  613         (a) An employer that uses the E-Verify system or, if that
  614  system is unavailable, the Employment Eligibility Verification
  615  form (Form I-9) as provided in paragraph (2)(c), with respect to
  616  the employment of an unauthorized alien has established a
  617  rebuttable presumption that the employer has not violated s.
  618  448.09 with respect to such employment.
  619         (5) PUBLIC AGENCY CONTRACTING.—
  620         (a) A public agency must require in any contract that the
  621  contractor, and any subcontractor thereof, register with and use
  622  the E-Verify system or the Employment Eligibility Verification
  623  form (Form I-9) to verify the work authorization status of all
  624  new employees of the contractor or subcontractor. A public
  625  agency or a contractor or subcontractor thereof may not enter
  626  into a contract unless each party to the contract registers with
  627  and uses the E-Verify system or the Employment Eligibility
  628  Verification form (Form I-9).
  629         (b)If a contractor enters into a contract with a
  630  subcontractor, the subcontractor must provide the contractor
  631  with an affidavit stating that the subcontractor does not
  632  employ, contract with, or subcontract with an unauthorized
  633  alien. The contractor shall maintain a copy of such affidavit
  634  for the duration of the contract.
  635         (c)1.A public agency, contractor, or subcontractor who has
  636  a good faith belief that a person or an entity with which it is
  637  contracting has knowingly violated s. 448.09(1) shall terminate
  638  the contract with the person or entity.
  639         2.A public agency that has a good faith belief that a
  640  subcontractor knowingly violated this subsection, but the
  641  contractor otherwise complied with this subsection, shall
  642  promptly notify the contractor and order the contractor to
  643  immediately terminate the contract with the subcontractor.
  644         3.A contract terminated under this paragraph is not a
  645  breach of contract and may not be considered as such. If a
  646  public agency terminates a contract with a contractor under this
  647  paragraph, the contractor may not be awarded a public contract
  648  for at least 1 year after the date on which the contract was
  649  terminated. A contractor is liable for any additional costs
  650  incurred by a public agency as a result of the termination of a
  651  contract.
  652         (d)A public agency, contractor, or subcontractor may file
  653  a cause of action with a circuit or county court to challenge a
  654  termination under paragraph (c) no later than 20 calendar days
  655  after the date on which the contract was terminated.
  656         (6) COMPLIANCE.—
  657         (a) In addition to the requirements under s. 288.061(6),
  658  beginning on July 1, 2024, if the Department of Commerce
  659  determines that an employer failed to use the E-Verify system or
  660  the Employment Eligibility Verification form (Form I-9) to
  661  verify the employment eligibility of employees as required under
  662  this section, the department must notify the employer of the
  663  department’s determination of noncompliance and provide the
  664  employer with 30 days to cure the noncompliance.
  665         (b) If the Department of Commerce determines that an
  666  employer failed to use the E-Verify system or the Employment
  667  Eligibility Verification form (Form I-9) as required under this
  668  section three times in any 24-month period, the department must
  669  impose a fine of $1,000 per day until the employer provides
  670  sufficient proof to the department that the noncompliance is
  671  cured. Noncompliance constitutes grounds for the suspension of
  672  all licenses issued by a licensing agency subject to chapter 120
  673  until the noncompliance is cured.
  674         Section 12. Subsection (3) of section 454.021, Florida
  675  Statutes, is amended to read:
  676         454.021 Attorneys; admission to practice law; Supreme Court
  677  to govern and regulate.—
  678         (3) Upon certification by the Florida Board of Bar
  679  Examiners that an applicant who is an unauthorized immigrant who
  680  was brought to the United States as a minor; has been present in
  681  the United States for more than 10 years; has received
  682  documented employment authorization from the United States
  683  Citizenship and Immigration Services (USCIS); has been issued a
  684  social security number; if a male, has registered with the
  685  Selective Service System if required to do so under the Military
  686  Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all
  687  requirements for admission to practice law in this state, the
  688  Supreme Court of Florida may admit that applicant as an attorney
  689  at law authorized to practice in this state and may direct an
  690  order be entered upon the court’s records to that effect.
  691         Section 13. Subsection (2) of section 760.01, Florida
  692  Statutes, is amended to read:
  693         760.01 Purposes; construction; title.—
  694         (2) The general purposes of the Florida Civil Rights Act of
  695  1992 are to secure for all individuals within the state freedom
  696  from discrimination because of race, color, religion, sex,
  697  pregnancy, national origin, age, handicap, immigration status,
  698  or marital status and thereby to protect their interest in
  699  personal dignity, to make available to the state their full
  700  productive capacities, to secure the state against domestic
  701  strife and unrest, to preserve the public safety, health, and
  702  general welfare, and to promote the interests, rights, and
  703  privileges of individuals within the state.
  704         Section 14. Section 760.05, Florida Statutes, is amended to
  705  read:
  706         760.05 Functions of the commission.—The commission shall
  707  promote and encourage fair treatment and equal opportunity for
  708  all persons regardless of race, color, religion, sex, pregnancy,
  709  national origin, age, handicap, immigration status, or marital
  710  status and mutual understanding and respect among all members of
  711  all economic, social, racial, religious, and ethnic groups; and
  712  shall endeavor to eliminate discrimination against, and
  713  antagonism between, religious, racial, and ethnic groups and
  714  their members.
  715         Section 15. Section 760.07, Florida Statutes, is amended to
  716  read:
  717         760.07 Remedies for unlawful discrimination.—Any violation
  718  of any Florida statute that makes unlawful discrimination
  719  because of race, color, religion, gender, pregnancy, national
  720  origin, age, handicap, immigration status, or marital status in
  721  the areas of education, employment, or public accommodations
  722  gives rise to a cause of action for all relief and damages
  723  described in s. 760.11(5), unless greater damages are expressly
  724  provided for. If the statute prohibiting unlawful discrimination
  725  provides an administrative remedy, the action for equitable
  726  relief and damages provided for in this section may be initiated
  727  only after the plaintiff has exhausted his or her administrative
  728  remedy. The term “public accommodations” does not include lodge
  729  halls or other similar facilities of private organizations which
  730  are made available for public use occasionally or periodically.
  731  The right to trial by jury is preserved in any case in which the
  732  plaintiff is seeking actual or punitive damages.
  733         Section 16. Section 760.08, Florida Statutes, is amended to
  734  read:
  735         760.08 Discrimination in places of public accommodation.
  736  All persons are entitled to the full and equal enjoyment of the
  737  goods, services, facilities, privileges, advantages, and
  738  accommodations of any place of public accommodation without
  739  discrimination or segregation on the ground of race, color,
  740  national origin, sex, pregnancy, handicap, familial status,
  741  immigration status, or religion.
  742         Section 17. Subsections (1) and (2), paragraphs (a) and (b)
  743  of subsection (3), subsections (4), (5), and (6), and paragraph
  744  (a) of subsection (9) of section 760.10, Florida Statutes, are
  745  amended to read:
  746         760.10 Unlawful employment practices.—
  747         (1) It is an unlawful employment practice for an employer:
  748         (a) To discharge or to fail or refuse to hire any
  749  individual, or otherwise to discriminate against any individual
  750  with respect to compensation, terms, conditions, or privileges
  751  of employment, because of such individual’s race, color,
  752  religion, sex, pregnancy, national origin, age, handicap,
  753  immigration status, or marital status.
  754         (b) To limit, segregate, or classify employees or
  755  applicants for employment in any way which would deprive or tend
  756  to deprive any individual of employment opportunities, or
  757  adversely affect any individual’s status as an employee, because
  758  of such individual’s race, color, religion, sex, pregnancy,
  759  national origin, age, handicap, immigration status, or marital
  760  status.
  761         (2) It is an unlawful employment practice for an employment
  762  agency to fail or refuse to refer for employment, or otherwise
  763  to discriminate against, any individual because of race, color,
  764  religion, sex, pregnancy, national origin, age, handicap,
  765  immigration status, or marital status or to classify or refer
  766  for employment any individual on the basis of race, color,
  767  religion, sex, pregnancy, national origin, age, handicap,
  768  immigration status, or marital status.
  769         (3) It is an unlawful employment practice for a labor
  770  organization:
  771         (a) To exclude or to expel from its membership, or
  772  otherwise to discriminate against, any individual because of
  773  race, color, religion, sex, pregnancy, national origin, age,
  774  handicap, immigration status, or marital status.
  775         (b) To limit, segregate, or classify its membership or
  776  applicants for membership, or to classify or fail or refuse to
  777  refer for employment any individual, in any way that would
  778  deprive or tend to deprive any individual of employment
  779  opportunities, or adversely affect any individual’s status as an
  780  employee or as an applicant for employment, because of such
  781  individual’s race, color, religion, sex, pregnancy, national
  782  origin, age, handicap, immigration status, or marital status.
  783         (4) It is an unlawful employment practice for any employer,
  784  labor organization, or joint labor-management committee
  785  controlling apprenticeship or other training or retraining,
  786  including on-the-job training programs, to discriminate against
  787  any individual because of race, color, religion, sex, pregnancy,
  788  national origin, age, handicap, immigration status, or marital
  789  status in admission to, or employment in, any program
  790  established to provide apprenticeship or other training.
  791         (5) Whenever, in order to engage in a profession,
  792  occupation, or trade, it is required that a person receive a
  793  license, certification, or other credential, become a member or
  794  an associate of any club, association, or other organization, or
  795  pass any examination, it is an unlawful employment practice for
  796  any person to discriminate against any other person seeking such
  797  license, certification, or other credential, seeking to become a
  798  member or associate of such club, association, or other
  799  organization, or seeking to take or pass such examination,
  800  because of such other person’s race, color, religion, sex,
  801  pregnancy, national origin, age, handicap, immigration status,
  802  or marital status.
  803         (6) It is an unlawful employment practice for an employer,
  804  labor organization, employment agency, or joint labor-management
  805  committee to print, or cause to be printed or published, any
  806  notice or advertisement relating to employment, membership,
  807  classification, referral for employment, or apprenticeship or
  808  other training, indicating any preference, limitation,
  809  specification, or discrimination, based on race, color,
  810  religion, sex, pregnancy, national origin, age, absence of
  811  handicap, immigration status, or marital status.
  812         (9) Notwithstanding any other provision of this section, it
  813  is not an unlawful employment practice under ss. 760.01-760.10
  814  for an employer, employment agency, labor organization, or joint
  815  labor-management committee to:
  816         (a) Take or fail to take any action on the basis of
  817  religion, sex, pregnancy, national origin, age, handicap,
  818  immigration status, or marital status in those certain instances
  819  in which religion, sex, condition of pregnancy, national origin,
  820  age, absence of a particular handicap, immigration status, or
  821  marital status is a bona fide occupational qualification
  822  reasonably necessary for the performance of the particular
  823  employment to which such action or inaction is related.
  824         Section 18. Subsections (1) through (5) of section 760.23,
  825  Florida Statutes, are amended to read:
  826         760.23 Discrimination in the sale or rental of housing and
  827  other prohibited practices.—
  828         (1) It is unlawful to refuse to sell or rent after the
  829  making of a bona fide offer, to refuse to negotiate for the sale
  830  or rental of, or otherwise to make unavailable or deny a
  831  dwelling to any person because of race, color, national origin,
  832  sex, disability, familial status, immigration status, or
  833  religion.
  834         (2) It is unlawful to discriminate against any person in
  835  the terms, conditions, or privileges of sale or rental of a
  836  dwelling, or in the provision of services or facilities in
  837  connection therewith, because of race, color, national origin,
  838  sex, disability, familial status, immigration status, or
  839  religion.
  840         (3) It is unlawful to make, print, or publish, or cause to
  841  be made, printed, or published, any notice, statement, or
  842  advertisement with respect to the sale or rental of a dwelling
  843  that indicates any preference, limitation, or discrimination
  844  based on race, color, national origin, sex, disability, familial
  845  status, immigration status, or religion or an intention to make
  846  any such preference, limitation, or discrimination.
  847         (4) It is unlawful to represent to any person because of
  848  race, color, national origin, sex, disability, familial status,
  849  immigration status, or religion that any dwelling is not
  850  available for inspection, sale, or rental when such dwelling is
  851  in fact so available.
  852         (5) It is unlawful, for profit, to induce or attempt to
  853  induce any person to sell or rent any dwelling by a
  854  representation regarding the entry or prospective entry into the
  855  neighborhood of a person or persons of a particular race, color,
  856  national origin, sex, disability, familial status, immigration
  857  status, or religion.
  858         Section 19. Section 760.24, Florida Statutes, is amended to
  859  read:
  860         760.24 Discrimination in the provision of brokerage
  861  services.—It is unlawful to deny any person access to, or
  862  membership or participation in, any multiple-listing service,
  863  real estate brokers’ organization, or other service,
  864  organization, or facility relating to the business of selling or
  865  renting dwellings, or to discriminate against him or her in the
  866  terms or conditions of such access, membership, or
  867  participation, on account of race, color, national origin, sex,
  868  disability, familial status, immigration status, or religion.
  869         Section 20. Subsection (1) and paragraph (a) of subsection
  870  (2) of section 760.25, Florida Statutes, are amended to read:
  871         760.25 Discrimination in the financing of housing or in
  872  residential real estate transactions.—
  873         (1) It is unlawful for any bank, building and loan
  874  association, insurance company, or other corporation,
  875  association, firm, or enterprise the business of which consists
  876  in whole or in part of the making of commercial real estate
  877  loans to deny a loan or other financial assistance to a person
  878  applying for the loan for the purpose of purchasing,
  879  constructing, improving, repairing, or maintaining a dwelling,
  880  or to discriminate against him or her in the fixing of the
  881  amount, interest rate, duration, or other term or condition of
  882  such loan or other financial assistance, because of the race,
  883  color, national origin, sex, disability, familial status,
  884  immigration status, or religion of such person or of any person
  885  associated with him or her in connection with such loan or other
  886  financial assistance or the purposes of such loan or other
  887  financial assistance, or because of the race, color, national
  888  origin, sex, disability, familial status, immigration status, or
  889  religion of the present or prospective owners, lessees, tenants,
  890  or occupants of the dwelling or dwellings in relation to which
  891  such loan or other financial assistance is to be made or given.
  892         (2)(a) It is unlawful for any person or entity whose
  893  business includes engaging in residential real estate
  894  transactions to discriminate against any person in making
  895  available such a transaction, or in the terms or conditions of
  896  such a transaction, because of race, color, national origin,
  897  sex, disability, familial status, immigration status, or
  898  religion.
  899         Section 21. Section 760.26, Florida Statutes, is amended to
  900  read:
  901         760.26 Prohibited discrimination in land use decisions and
  902  in permitting of development.—It is unlawful to discriminate in
  903  land use decisions or in the permitting of development based on
  904  race, color, national origin, sex, disability, familial status,
  905  immigration status, religion, or, except as otherwise provided
  906  by law, the source of financing of a development or proposed
  907  development.
  908         Section 22. Subsection (2) and paragraph (a) of subsection
  909  (5) of section 760.29, Florida Statutes, are amended to read:
  910         760.29 Exemptions.—
  911         (2) Nothing in ss. 760.20-760.37 prohibits a religious
  912  organization, association, or society, or any nonprofit
  913  institution or organization operated, supervised, or controlled
  914  by or in conjunction with a religious organization, association,
  915  or society, from limiting the sale, rental, or occupancy of any
  916  dwelling which it owns or operates for other than a commercial
  917  purpose to persons of the same religion or from giving
  918  preference to such persons, unless membership in such religion
  919  is restricted on account of race, color, or national origin, or
  920  immigration status. Nothing in ss. 760.20-760.37 prohibits a
  921  private club not in fact open to the public, which as an
  922  incident to its primary purpose or purposes provides lodgings
  923  which it owns or operates for other than a commercial purpose,
  924  from limiting the rental or occupancy of such lodgings to its
  925  members or from giving preference to its members.
  926         (5) Nothing in ss. 760.20-760.37:
  927         (a) Prohibits a person engaged in the business of
  928  furnishing appraisals of real property from taking into
  929  consideration factors other than race, color, national origin,
  930  sex, disability, familial status, immigration status, or
  931  religion.
  932         Section 23. Section 760.45, Florida Statutes, is created to
  933  read:
  934         760.45Discrimination on the basis of certain driver
  935  licenses prohibited.—
  936         (1)A person or entity, including a business establishment
  937  or an employer, may not discriminate against an individual
  938  because the individual holds or presents a driver license that
  939  does not comply with the REAL ID Act of 2005, Pub. L. No. 109
  940  13.
  941         (2)An employer may not require an employee to present a
  942  driver license unless possessing a driver license is required by
  943  law or is lawfully required by the employer. This subsection may
  944  not be construed to limit or expand an employer’s authority to
  945  require a person to possess a driver license.
  946         (3)This section may not be construed to do either of the
  947  following:
  948         (a)Alter an employer’s rights or obligations under the
  949  Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding
  950  obtaining documentation that evidences identity and
  951  authorization for employment.
  952         (b)Prohibit any other action taken by an employer which is
  953  required under 8 U.S.C. s. 1324a(a).
  954         (4)The state or a local government; an agent or person
  955  acting on behalf of the state or a local government; or a
  956  program or activity that is funded directly by, or receives
  957  financial assistance from, the state may not discriminate
  958  against an individual because the individual holds or presents a
  959  driver license that does not comply with the REAL ID Act of
  960  2005, Pub. L. No. 109-13. This prohibition includes, but is not
  961  limited to, notifying a law enforcement agency of the
  962  individual’s identity or that the individual holds a driver
  963  license that does not comply with the REAL ID Act of 2005, Pub.
  964  L. No. 109-13, if a notification is not required by law or would
  965  not have been provided if the individual’s driver license had
  966  been compliant with such act.
  967         Section 24. Subsection (1) of section 760.60, Florida
  968  Statutes, is amended to read:
  969         760.60 Discriminatory practices of certain clubs
  970  prohibited; remedies.—
  971         (1) It is unlawful for a person to discriminate against any
  972  individual because of race, color, religion, gender, national
  973  origin, handicap, age above the age of 21, immigration status,
  974  or marital status in evaluating an application for membership in
  975  a club that has more than 400 members, that provides regular
  976  meal service, and that regularly receives payment for dues,
  977  fees, use of space, facilities, services, meals, or beverages
  978  directly or indirectly from nonmembers for business purposes. It
  979  is unlawful for a person, on behalf of such a club, to publish,
  980  circulate, issue, display, post, or mail any advertisement,
  981  notice, or solicitation that contains a statement to the effect
  982  that the accommodations, advantages, facilities, membership, or
  983  privileges of the club are denied to any individual because of
  984  race, color, religion, gender, national origin, handicap, age
  985  above the age of 21, immigration status, or marital status. This
  986  subsection does not apply to fraternal or benevolent
  987  organizations, ethnic clubs, or religious organizations where
  988  business activity is not prevalent.
  989         Section 25. Section 775.0848, Florida Statutes, as amended
  990  by chapter 2025-1, Laws of Florida, is amended to read:
  991         775.0848 Commission of a felony after unlawful reentry into
  992  the United States Offenses committed by an unauthorized alien;
  993  reclassification.—A person who has been previously convicted of
  994  a crime relating to the reentry of removed aliens under 8 U.S.C.
  995  s. 1326 shall have the penalty for committing a any misdemeanor
  996  or felony committed after such conviction by an unauthorized
  997  alien as defined in s. 908.111 shall be reclassified in the
  998  following manner:
  999         (1)A misdemeanor of the second degree is reclassified to a
 1000  misdemeanor of the first degree.
 1001         (2)A misdemeanor of the first degree is reclassified to a
 1002  felony of the third degree.
 1003         (1)(3) A felony of the third degree is reclassified to a
 1004  felony of the second degree.
 1005         (2)(4) A felony of the second degree is reclassified to a
 1006  felony of the first degree.
 1007         (3)(5) A felony of the first degree is reclassified to a
 1008  life felony.
 1009         Section 26. Section 787.07, Florida Statutes, is repealed.
 1010         Section 27. Sections 908.103, 908.105, and 908.106, Florida
 1011  Statutes, are repealed.
 1012         Section 28. Subsection (6) of section 908.102, Florida
 1013  Statutes, is amended to read:
 1014         908.102 Definitions.—As used in this chapter, the term:
 1015         (6)“Sanctuary policy” means a law, policy, practice,
 1016  procedure, or custom adopted or allowed by a state entity or
 1017  local governmental entity which prohibits or impedes a law
 1018  enforcement agency from complying with 8 U.S.C. s. 1373 or which
 1019  prohibits or impedes a law enforcement agency from communicating
 1020  or cooperating with a federal immigration agency so as to limit
 1021  such law enforcement agency in, or prohibit the agency from:
 1022         (a)Complying with an immigration detainer;
 1023         (b)Complying with a request from a federal immigration
 1024  agency to notify the agency before the release of an inmate or
 1025  detainee in the custody of the law enforcement agency;
 1026         (c)Providing a federal immigration agency access to an
 1027  inmate for interview;
 1028         (d)Participating in any program or agreement authorized
 1029  under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s.
 1030  1357 as required by s. 908.11;
 1031         (e)Providing a federal immigration agency with an inmate’s
 1032  incarceration status or release date;
 1033         (f)Providing information to a state entity on the
 1034  immigration status of an inmate or detainee in the custody of
 1035  the law enforcement agency;
 1036         (g) Executing a lawful judicial warrant; or
 1037         (h) Participating in a federal immigration operation with a
 1038  federal immigration agency as permitted by federal and state
 1039  law.
 1040         Section 29. Section 908.104, Florida Statutes, is amended
 1041  to read:
 1042         908.104 Cooperation with federal immigration authorities.
 1043  To ensure compliance with Title VI of the 1964 Civil Rights Act,
 1044         (1) Consistent with all duties created in state and federal
 1045  law, state and local law enforcement agencies and any official
 1046  responsible for directing or supervising such agency shall use
 1047  best efforts to support the enforcement of federal immigration
 1048  law. This subsection applies to an official, representative,
 1049  agent, or employee of the entity or agency only when he or she
 1050  is acting within the scope of his or her official duties or
 1051  within the scope of his or her employment.
 1052         (2)Except as otherwise expressly prohibited by federal
 1053  law, a state entity, local governmental entity, or law
 1054  enforcement agency, or an employee, an agent, or a
 1055  representative of the entity or agency, may not prohibit or in
 1056  any way restrict a law enforcement agency from taking any of the
 1057  following actions with respect to information regarding a
 1058  person’s immigration status:
 1059         (a)Sending the information to or requesting, receiving, or
 1060  reviewing the information from a federal immigration agency for
 1061  purposes of this chapter.
 1062         (b)Recording and maintaining the information for purposes
 1063  of this chapter.
 1064         (c)Exchanging the information with a federal immigration
 1065  agency or another state entity, local governmental entity, or
 1066  law enforcement agency for purposes of this chapter.
 1067         (d)Using the information to comply with an immigration
 1068  detainer.
 1069         (e)Using the information to confirm the identity of a
 1070  person who is detained by a law enforcement agency.
 1071         (f)Sending the applicable information obtained pursuant to
 1072  enforcement of s. 448.095 to a federal immigration agency.
 1073         (3) A state entity, local governmental entity, or law
 1074  enforcement agency may not prohibit or in any way restrict a law
 1075  enforcement officer from executing or assisting in the execution
 1076  of a lawful judicial warrant.
 1077         (4)(a)For purposes of this subsection, the term
 1078  “applicable criminal case” means a criminal case in which:
 1079         1.The judgment requires the defendant to be confined in a
 1080  secure correctional facility; and
 1081         2.The judge:
 1082         a.Indicates in the record under s. 908.105 that the
 1083  defendant is subject to an immigration detainer; or
 1084         b.Otherwise indicates in the record that the defendant is
 1085  subject to a transfer into federal custody.
 1086         (b)In an applicable criminal case, when the judge
 1087  sentences a defendant who is the subject of an immigration
 1088  detainer to confinement, the judge shall issue an order
 1089  requiring the secure correctional facility in which the
 1090  defendant is to be confined to reduce the defendant’s sentence
 1091  by a period of not more than 12 days on the facility’s
 1092  determination that the reduction in sentence will facilitate the
 1093  seamless transfer of the defendant into federal custody. For
 1094  purposes of this paragraph, the term “secure correctional
 1095  facility” means a state correctional institution as defined in
 1096  s. 944.02 or a county detention facility or a municipal
 1097  detention facility as defined in s. 951.23.
 1098         (c)If the information specified in sub-subparagraph
 1099  (a)2.a. or sub-subparagraph (a)2.b. is not available at the time
 1100  the sentence is pronounced in the case, but is received by a law
 1101  enforcement agency afterwards, the law enforcement agency shall
 1102  notify the judge who shall issue the order described by
 1103  paragraph (b) as soon as the information becomes available.
 1104         (5) when a county correctional facility or the Department
 1105  of Corrections receives verification from a federal immigration
 1106  agency that a person subject to an immigration detainer is in
 1107  the law enforcement agency’s custody, the agency must facilitate
 1108  a screening of the person by a public defender to determine if
 1109  the person is or has been a necessary witness or victim of a
 1110  crime of domestic violence, rape, sexual exploitation, sexual
 1111  assault, murder, manslaughter, assault, battery, human
 1112  trafficking, kidnapping, false imprisonment, involuntary
 1113  servitude, fraud in foreign labor contracting, blackmail,
 1114  extortion, or witness tampering. The screening must be in the
 1115  preferred language of the person being detained. If the public
 1116  defender determines that the person is a necessary witness or
 1117  victim of the aforementioned acts, the county correctional
 1118  facility or the Department of Corrections may decline to comply
 1119  with the federal immigration detainer. Otherwise, the county
 1120  correctional facility or the Department of Corrections may
 1121  securely transport the person to a federal facility in this
 1122  state or to another point of transfer to federal custody outside
 1123  the jurisdiction of the law enforcement agency. The law
 1124  enforcement agency may transfer a person who is subject to an
 1125  immigration detainer and is confined in a secure correctional
 1126  facility to the custody of a federal immigration agency not
 1127  earlier than 12 days before his or her release date. A law
 1128  enforcement agency shall obtain judicial authorization before
 1129  securely transporting an alien to a point of transfer outside of
 1130  this state.
 1131         (6) Upon request from a federal immigration agency, a
 1132  sheriff or chief correctional officer operating a county
 1133  detention facility must provide the requesting federal
 1134  immigration agency a list of all inmates booked into a county
 1135  detention facility and any information regarding each inmate’s
 1136  immigration status.
 1137         (7) This section does not require a state entity, local
 1138  governmental entity, or law enforcement agency to provide a
 1139  federal immigration agency with information related to a victim
 1140  of or a witness to a criminal offense if:
 1141         (a) The victim or witness is necessary to the investigation
 1142  or prosecution of a crime, and such crime occurred in the United
 1143  States; and
 1144         (b) The victim or witness timely and in good faith responds
 1145  to the entity’s or agency’s request for information and
 1146  cooperates in the investigation or prosecution of such offense.
 1147         (8) A state entity, local governmental entity, or law
 1148  enforcement agency that, pursuant to subsection (7), withholds
 1149  information regarding the immigration information of a victim of
 1150  or witness to a criminal offense shall document the victim’s or
 1151  witness’s cooperation in the entity’s or agency’s investigative
 1152  records related to the offense and shall retain the records for
 1153  at least 10 years for the purpose of audit, verification, or
 1154  inspection by the Auditor General.
 1155         (9)This section does not authorize a law enforcement
 1156  agency to detain an alien unlawfully present in the United
 1157  States pursuant to an immigration detainer solely because the
 1158  alien witnessed or reported a crime or was a victim of a
 1159  criminal offense.
 1160         (10) This section does not apply to any alien unlawfully
 1161  present in the United States if he or she is or has been a
 1162  necessary witness or victim of a crime of domestic violence,
 1163  rape, sexual exploitation, sexual assault, murder, manslaughter,
 1164  assault, battery, human trafficking, kidnapping, false
 1165  imprisonment, involuntary servitude, fraud in foreign labor
 1166  contracting, blackmail, extortion, or witness tampering,
 1167  provided that such crime was committed in the United States.
 1168  Documentation, including, but not limited to, police reports,
 1169  testimony, sworn statements, or a victim impact statement, must
 1170  be relied upon to verify that the person was a necessary witness
 1171  or victim to the crime.
 1172         Section 30. Section 908.1041, Florida Statutes, is created
 1173  to read:
 1174         908.1041Prohibition against engaging in immigration
 1175  enforcement activities near public and private schools, child
 1176  care facilities, or religious institutions.—
 1177         (1)As used in this section, the term:
 1178         (a)“Child care facility” has the same meaning as in s.
 1179  402.302.
 1180         (b)“Immigration enforcement activities” means any action
 1181  by a law enforcement officer or agency, including, but not
 1182  limited to, the identification, detention, questioning,
 1183  investigation, or arrest of individuals based on their
 1184  immigration status.
 1185         (c)“Private school” has the same meaning as in s. 1002.01.
 1186         (d)“Public school” means any facility or location
 1187  providing primary or secondary education, including, but not
 1188  limited to, public K-12 schools, charter schools, and school
 1189  grounds.
 1190         (e)“Religious institution” means any building or space
 1191  primarily used for religious worship or practices, including,
 1192  but not limited to, a church, synagogue, mosque, temple, and
 1193  other place of religious gathering.
 1194         (2)A law enforcement agency, officer, sheriff’s deputy, or
 1195  federal immigration agency may not engage in or cooperate with
 1196  immigration enforcement activities or engage in or cooperate
 1197  with immigration enforcement activities pursuant to the
 1198  Unauthorized Alien Transport Program under s. 908.13 within 500
 1199  feet of any public or private school, child care facility, or
 1200  religious institution, except in cases of exigent circumstances
 1201  when immediate action is necessary to prevent harm or death. A
 1202  local law enforcement agency may not:
 1203         (a)Use agency resources, personnel, or authority to
 1204  question, detain, or arrest individuals solely based on their
 1205  immigration status on the grounds of, or within 500 feet of, a
 1206  public or private school, child care facility, or religious
 1207  institution.
 1208         (b)Collaborate with federal immigration agency authorities
 1209  for immigration enforcement purposes within or around the areas
 1210  described in this subsection unless authorized to do so by a
 1211  court with jurisdiction over the matter.
 1212         (3)This section does not prohibit a local law enforcement
 1213  agency from engaging in activities related to criminal
 1214  investigations, emergency responses, or school safety as
 1215  authorized by law, provided such activities do not involve
 1216  immigration enforcement activities.
 1217         (4)Within 30 days after the effective date of this act,
 1218  each local law enforcement agency shall submit to the Department
 1219  of Law Enforcement a report detailing policies and protocols for
 1220  compliance with this section, including training protocols for
 1221  officers.
 1222         (5)A local law enforcement agency or officer who violates
 1223  this section may be subject to disciplinary action by the local
 1224  governmental entity, including suspension, dismissal, or loss of
 1225  funding for local enforcement efforts.
 1226         Section 31. Subsections (3) and (4) of section 908.107,
 1227  Florida Statutes, are amended to read:
 1228         908.107 Enforcement.—
 1229         (3)If a local governmental entity or local law enforcement
 1230  agency violates this chapter, the court must enjoin the unlawful
 1231  sanctuary policy. The court has continuing jurisdiction over the
 1232  parties and subject matter and may enforce its orders with the
 1233  initiation of contempt proceedings as provided by law.
 1234         (4)An order approving a consent decree or granting an
 1235  injunction must include written findings of fact that describe
 1236  with specificity the existence and nature of the sanctuary
 1237  policy that violates this chapter.
 1238         Section 32. Section 908.11, Florida Statutes, is amended to
 1239  read:
 1240         908.11 Immigration enforcement assistance agreements;
 1241  reporting requirement.—
 1242         (1) Beginning January 1, 2026, the sheriff or the chief
 1243  correctional officer operating a county detention facility may
 1244  not must enter into or renew a written agreement with the United
 1245  States Immigration and Customs Enforcement to participate in the
 1246  immigration program established under s. 287(g) of the
 1247  Immigration and Nationality Act, 8 U.S.C. s. 1357. The State
 1248  Board of Immigration Enforcement must approve the termination of
 1249  any such agreement. This subsection does not require a sheriff
 1250  or chief correctional officer operating a county detention
 1251  facility to participate in a particular program model.
 1252         (2) Beginning no later than April 1, 2025, and until the
 1253  sheriff or chief correctional officer operating a county
 1254  detention facility that has such a enters into the written
 1255  agreement required under subsection (1), each sheriff or chief
 1256  correctional officer operating a county detention facility must
 1257  notify the State Board of Immigration Enforcement quarterly of
 1258  the status of any active or pending agreement.
 1259         (3)The Department of Law Enforcement must establish a
 1260  regular training schedule to educate relevant employees and
 1261  other state entities that collaborate with federal agencies
 1262  about current immigration enforcement policies and priorities
 1263  such written agreement and any reason for noncompliance with
 1264  this section, if applicable.
 1265         Section 33. Section 921.1426, Florida Statutes, as created
 1266  by 2025-2, Laws of Florida, is repealed.
 1267         Section 34. Present paragraphs (b) and (c) of subsection
 1268  (3) of section 943.325, Florida Statutes, are redesignated as
 1269  paragraphs (c) and (d), respectively, and paragraph (a) of
 1270  subsection (3) and paragraphs (b) and (f) of subsection (7) of
 1271  that section are amended, to read:
 1272         943.325 DNA database.—
 1273         (3) COLLECTION OF SAMPLES.—
 1274         (a) Each qualifying offender must shall submit a DNA sample
 1275  at the time he or she is booked into a jail, correctional
 1276  facility, or juvenile facility.
 1277         (b) A person who becomes a qualifying offender solely
 1278  because of the issuance of an immigration detainer by a federal
 1279  immigration agency may must submit a DNA sample when the law
 1280  enforcement agency having custody of the offender receives the
 1281  detainer. A law enforcement agency may not forcibly extract a
 1282  DNA sample from such person and the person may not be charged
 1283  with a criminal offense solely for refusing to submit a DNA
 1284  sample.
 1285         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
 1286         (b) Arrested qualifying offenders must submit a DNA sample
 1287  at the time they are booked into a jail, correctional facility,
 1288  or juvenile facility, except as provided in paragraph (3)(b).
 1289         (f)A law enforcement agency having custody of a person who
 1290  becomes a qualifying offender solely because of the issuance of
 1291  an immigration detainer by a federal immigration agency shall
 1292  ensure that a DNA sample is taken from the offender immediately
 1293  after the agency receives the detainer and shall secure and
 1294  transmit the sample to the department in a timely manner.
 1295         Section 35. Paragraph (c) of subsection (2) of section
 1296  1002.31, Florida Statutes, is amended to read:
 1297         1002.31 Controlled open enrollment; public school parental
 1298  choice.—
 1299         (2)
 1300         (c) Each district school board must provide preferential
 1301  treatment in its controlled open enrollment process to all of
 1302  the following:
 1303         1. Dependent children of active duty military personnel
 1304  whose move resulted from military orders.
 1305         2. Children who have been relocated due to a foster care
 1306  placement in a different school zone.
 1307         3. Children who move due to a court-ordered change in
 1308  custody due to separation or divorce, or the serious illness or
 1309  death of a custodial parent.
 1310         4. Students residing in the school district.
 1311         5.Children who are experiencing homelessness and children
 1312  known to the department, as defined in s. 39.0016(1), regardless
 1313  of their immigration status.
 1314         Section 36. Paragraph (f) of subsection (1) of section
 1315  1003.21, Florida Statutes, is amended to read:
 1316         1003.21 School attendance.—
 1317         (1)
 1318         (f) Children and youths who are experiencing homelessness
 1319  and children who are known to the department, as defined in s.
 1320  39.0016, regardless of their immigration status, must have
 1321  access to a free public education and in accordance with s.
 1322  1002.31 must be admitted to the school of their parent’s or
 1323  guardian’s choice, contingent on the school’s capacity, in the
 1324  school district in which they or their families or guardian
 1325  live. School districts shall assist such children in meeting the
 1326  requirements of subsection (4) and s. 1003.22, as well as local
 1327  requirements for documentation.
 1328         Section 37. Paragraphs (a), (b), and (c) of subsection (12)
 1329  of section 1009.26, Florida Statutes, are amended to read:
 1330         1009.26 Fee waivers.—
 1331         (12)(a) A state university, a Florida College System
 1332  institution, a career center operated by a school district under
 1333  s. 1001.44, or a charter technical career center shall waive
 1334  out-of-state fees for undergraduate and graduate students,
 1335  including, but not limited to, students who are undocumented for
 1336  federal immigration purposes, who are citizens of the United
 1337  States or lawfully present in the United States who meet the
 1338  following conditions:
 1339         1. Attended a secondary school in this state for 2 3
 1340  consecutive years immediately before graduating from a high
 1341  school in this state or received a high school equivalency
 1342  diploma under s. 1003.435;
 1343         2. Apply for enrollment in an institution of higher
 1344  education within 24 months after high school or postsecondary
 1345  graduation; and
 1346         3. Submit an official Florida high school or postsecondary
 1347  school transcript as evidence of attendance and graduation. In
 1348  lieu of an official high school transcript, a student may submit
 1349  a high school equivalency diploma under s. 1003.435.
 1350         (b) Tuition and fees charged to a student who qualifies for
 1351  the out-of-state fee waiver under this subsection may not exceed
 1352  the tuition and fees charged to a resident student. The waiver
 1353  is applicable for 110 percent of the required credit hours of
 1354  the undergraduate or graduate degree or certificate program for
 1355  which the student is enrolled. Each state university, Florida
 1356  College System institution, career center operated by a school
 1357  district under s. 1001.44, and charter technical career center
 1358  shall report to the Board of Governors and the State Board of
 1359  Education, respectively, the number and value of all fee waivers
 1360  granted annually under this subsection. By October 1 of each
 1361  year, the Board of Governors for the state universities and the
 1362  State Board of Education for Florida College System
 1363  institutions, career centers operated by a school district under
 1364  s. 1001.44, and charter technical career centers shall annually
 1365  report for the previous academic year the percentage of resident
 1366  and nonresident students enrolled systemwide.
 1367         (c) A state university student granted an out-of-state fee
 1368  waiver under this subsection must be considered a nonresident
 1369  student for purposes of calculating the systemwide total
 1370  enrollment of nonresident students as limited by regulation of
 1371  the Board of Governors. In addition, A student who is granted an
 1372  out-of-state fee waiver under this subsection is not eligible
 1373  for state financial aid under part III of this chapter and may
 1374  must not be reported as a resident for tuition purposes.
 1375         Section 38. Paragraph (a) of subsection (1) of section
 1376  1009.40, Florida Statutes, is amended to read:
 1377         1009.40 General requirements for student eligibility for
 1378  state financial aid awards and tuition assistance grants.—
 1379         (1)(a) The general requirements for eligibility of students
 1380  for state financial aid awards and tuition assistance grants
 1381  consist of the following:
 1382         1. Achievement of the academic requirements of and
 1383  acceptance at a state university or Florida College System
 1384  institution; a nursing diploma school approved by the Florida
 1385  Board of Nursing; a Florida college or university which is
 1386  accredited by an accrediting agency recognized by the State
 1387  Board of Education; a Florida institution the credits of which
 1388  are acceptable for transfer to state universities; a career
 1389  center; or a private career institution accredited by an
 1390  accrediting agency recognized by the State Board of Education.
 1391         2. Residency in this state for no less than 1 year
 1392  preceding the award of aid or a tuition assistance grant for a
 1393  program established pursuant to s. 1009.50, s. 1009.505, s.
 1394  1009.51, s. 1009.52, s. 1009.521, s. 1009.53, s. 1009.60, s.
 1395  1009.62, s. 1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s.
 1396  1009.89, or s. 1009.894. Residency in this state must be for
 1397  purposes other than to obtain an education. Resident status for
 1398  purposes of receiving state financial aid awards shall be
 1399  determined in the same manner as resident status for tuition
 1400  purposes pursuant to s. 1009.21. However, a student may not be
 1401  denied classification as a resident for purposes of receiving
 1402  state financial aid based solely on the student’s immigration
 1403  status if he or she has met the conditions for an out-of-state
 1404  fee waiver under s. 1009.26(12)(a).
 1405         3. Submission of certification attesting to the accuracy,
 1406  completeness, and correctness of information provided to
 1407  demonstrate a student’s eligibility to receive state financial
 1408  aid awards or tuition assistance grants. Falsification of such
 1409  information shall result in the denial of a pending application
 1410  and revocation of an award or grant currently held to the extent
 1411  that no further payments shall be made. Additionally, students
 1412  who knowingly make false statements in order to receive state
 1413  financial aid awards or tuition assistance grants commit a
 1414  misdemeanor of the second degree subject to the provisions of s.
 1415  837.06 and shall be required to return all state financial aid
 1416  awards or tuition assistance grants wrongfully obtained.
 1417         Section 39. Paragraph (w) of subsection (2) of section
 1418  435.04, Florida Statutes, is amended to read:
 1419         435.04 Level 2 screening standards.—
 1420         (2) The security background investigations under this
 1421  section must ensure that persons subject to this section have
 1422  not been arrested for and are awaiting final disposition of;
 1423  have not been found guilty of, regardless of adjudication, or
 1424  entered a plea of nolo contendere or guilty to; or have not been
 1425  adjudicated delinquent and the record has not been sealed or
 1426  expunged for, any offense prohibited under any of the following
 1427  provisions of state law or similar law of another jurisdiction:
 1428         (w)Section 787.07, relating to human smuggling.
 1429         Section 40. Paragraph (e) of subsection (4) and paragraph
 1430  (i) of subsection (5) of section 456.074, Florida Statutes, are
 1431  amended to read:
 1432         456.074 Certain health care practitioners; immediate
 1433  suspension of license.—
 1434         (4) The department shall issue an emergency order
 1435  suspending the license of a massage therapist and establishment
 1436  as those terms are defined in chapter 480 upon receipt of
 1437  information that the massage therapist; the designated
 1438  establishment manager as defined in chapter 480; an employee of
 1439  the establishment; a person with an ownership interest in the
 1440  establishment; or, for a corporation that has more than $250,000
 1441  of business assets in this state, the owner, officer, or
 1442  individual directly involved in the management of the
 1443  establishment has been arrested for committing or attempting,
 1444  soliciting, or conspiring to commit, or convicted or found
 1445  guilty of, or has entered a plea of guilty or nolo contendere
 1446  to, regardless of adjudication, a violation of s. 796.07 or a
 1447  felony offense under any of the following provisions of state
 1448  law or a similar provision in another jurisdiction:
 1449         (e)Section 787.07, relating to human smuggling.
 1450         (5) The department shall issue an emergency order
 1451  suspending the license of any health care practitioner who is
 1452  arrested for committing or attempting, soliciting, or conspiring
 1453  to commit any act that would constitute a violation of any of
 1454  the following criminal offenses in this state or similar
 1455  offenses in another jurisdiction:
 1456         (i)Section 787.07, relating to human smuggling.
 1457         Section 41. Paragraph (e) of subsection (6) of section
 1458  480.041, Florida Statutes, is amended to read:
 1459         480.041 Massage therapists; qualifications; licensure;
 1460  endorsement.—
 1461         (6) The board shall deny an application for a new or
 1462  renewal license if an applicant has been convicted or found
 1463  guilty of, or enters a plea of guilty or nolo contendere to,
 1464  regardless of adjudication, a violation of s. 796.07(2)(a) which
 1465  is reclassified under s. 796.07(7) or a felony offense under any
 1466  of the following provisions of state law or a similar provision
 1467  in another jurisdiction:
 1468         (e)Section 787.07, relating to human smuggling.
 1469         Section 42. Paragraph (e) of subsection (8) of section
 1470  480.043, Florida Statutes, is amended to read:
 1471         480.043 Massage establishments; requisites; licensure;
 1472  inspection; human trafficking awareness training and policies.—
 1473         (8) The department shall deny an application for a new or
 1474  renewal license if an establishment owner or a designated
 1475  establishment manager or, for a corporation that has more than
 1476  $250,000 of business assets in this state, an establishment
 1477  owner, a designated establishment manager, or any individual
 1478  directly involved in the management of the establishment has
 1479  been convicted of or entered a plea of guilty or nolo contendere
 1480  to any misdemeanor or felony crime, regardless of adjudication,
 1481  related to prostitution or related acts as described in s.
 1482  796.07 or a felony offense under any of the following provisions
 1483  of state law or a similar provision in another jurisdiction:
 1484         (e)Section 787.07, relating to human smuggling.
 1485         Section 43. Subsection (2) of section 775.30, Florida
 1486  Statutes, is amended to read:
 1487         775.30 Terrorism; defined; penalties.—
 1488         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
 1489  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
 1490  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
 1491  s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
 1492  806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
 1493  859.01, or s. 876.34, in furtherance of intimidating or coercing
 1494  the policy of a government, or in furtherance of affecting the
 1495  conduct of a government by mass destruction, assassination, or
 1496  kidnapping, commits the crime of terrorism, a felony of the
 1497  first degree, punishable as provided in s. 775.082, s. 775.083,
 1498  or s. 775.084.
 1499         Section 44. Subsection (1) of section 794.056, Florida
 1500  Statutes, is amended to read:
 1501         794.056 Rape Crisis Program Trust Fund.—
 1502         (1) The Rape Crisis Program Trust Fund is created within
 1503  the Department of Health for the purpose of providing funds for
 1504  rape crisis centers in this state. Trust fund moneys shall be
 1505  used exclusively for the purpose of providing services for
 1506  victims of sexual assault. Funds credited to the trust fund
 1507  consist of those funds collected as an additional court
 1508  assessment in each case in which a defendant pleads guilty or
 1509  nolo contendere to, or is found guilty of, regardless of
 1510  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 1511  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1512  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1513  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1514  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1515  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 1516  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 1517  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 1518  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 1519  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 1520  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 1521  fund also shall include revenues provided by law, moneys
 1522  appropriated by the Legislature, and grants from public or
 1523  private entities.
 1524         Section 45. Paragraph (d) of subsection (3) of section
 1525  921.0022, Florida Statutes, is amended to read:
 1526         921.0022 Criminal Punishment Code; offense severity ranking
 1527  chart.—
 1528         (3) OFFENSE SEVERITY RANKING CHART
 1529         (d) LEVEL 4
 1530  
 1531  FloridaStatute             FelonyDegree        Description        
 1532  104.155                        3rd     Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
 1533  316.1935(3)(a)                 2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1534  499.0051(1)                    3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
 1535  499.0051(5)                    2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 1536  517.07(1)                      3rd     Failure to register securities.
 1537  517.12(1)                      3rd     Failure of dealer or associated person of a dealer of securities to register.
 1538  784.031                        3rd     Battery by strangulation.  
 1539  784.07(2)(b)                   3rd     Battery of law enforcement officer, firefighter, etc.
 1540  784.074(1)(c)                  3rd     Battery of sexually violent predators facility staff.
 1541  784.075                        3rd     Battery on detention or commitment facility staff.
 1542  784.078                        3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 1543  784.08(2)(c)                   3rd     Battery on a person 65 years of age or older.
 1544  784.081(3)                     3rd     Battery on specified official or employee.
 1545  784.082(3)                     3rd     Battery by detained person on visitor or other detainee.
 1546  784.083(3)                     3rd     Battery on code inspector. 
 1547  784.085                        3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 1548  787.03(1)                      3rd     Interference with custody; wrongly takes minor from appointed guardian.
 1549  787.04(2)                      3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 1550  787.04(3)                      3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 1551  787.07                         3rd     Human smuggling.           
 1552  790.115(1)                     3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 1553  790.115(2)(b)                  3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 1554  790.115(2)(c)                  3rd     Possessing firearm on school property.
 1555  794.051(1)                     3rd     Indecent, lewd, or lascivious touching of certain minors.
 1556  800.04(7)(c)                   3rd     Lewd or lascivious exhibition; offender less than 18 years.
 1557  806.135                        2nd     Destroying or demolishing a memorial or historic property.
 1558  810.02(4)(a)                   3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 1559  810.02(4)(b)                   3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 1560  810.06                         3rd     Burglary; possession of tools.
 1561  810.08(2)(c)                   3rd     Trespass on property, armed with firearm or dangerous weapon.
 1562  810.145(3)(b)                  3rd     Digital voyeurism dissemination.
 1563  812.014(2)(c)3.                3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 1564  812.014 (2)(c)4. & 6.-10.      3rd     Grand theft, 3rd degree; specified items.
 1565  812.014(2)(d)2.                3rd     Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
 1566  812.014(2)(e)3.                3rd     Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions.
 1567  812.0195(2)                    3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 1568  817.505(4)(a)                  3rd     Patient brokering.         
 1569  817.563(1)                     3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 1570  817.568(2)(a)                  3rd     Fraudulent use of personal identification information.
 1571  817.5695(3)(c)                 3rd     Exploitation of person 65 years of age or older, value less than $10,000.
 1572  817.625(2)(a)                  3rd     Fraudulent use of scanning device, skimming device, or reencoder.
 1573  817.625(2)(c)                  3rd     Possess, sell, or deliver skimming device.
 1574  828.125(1)                     2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 1575  836.14(2)                      3rd     Person who commits theft of a sexually explicit image with intent to promote it.
 1576  836.14(3)                      3rd     Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
 1577  837.02(1)                      3rd     Perjury in official proceedings.
 1578  837.021(1)                     3rd     Make contradictory statements in official proceedings.
 1579  838.022                        3rd     Official misconduct.       
 1580  839.13(2)(a)                   3rd     Falsifying records of an individual in the care and custody of a state agency.
 1581  839.13(2)(c)                   3rd     Falsifying records of the Department of Children and Families.
 1582  843.021                        3rd     Possession of a concealed handcuff key by a person in custody.
 1583  843.025                        3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 1584  843.15(1)(a)                   3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 1585  843.19(2)                      2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
 1586  847.0135(5)(c)                 3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 1587  870.01(3)                      2nd     Aggravated rioting.        
 1588  870.01(5)                      2nd     Aggravated inciting a riot.
 1589  874.05(1)(a)                   3rd     Encouraging or recruiting another to join a criminal gang.
 1590  893.13(2)(a)1.                 2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
 1591  914.14(2)                      3rd     Witnesses accepting bribes.
 1592  914.22(1)                      3rd     Force, threaten, etc., witness, victim, or informant.
 1593  914.23(2)                      3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 1594  916.1085 (2)(c)1.              3rd     Introduction of specified contraband into certain DCF facilities.
 1595  918.12                         3rd     Tampering with jurors.     
 1596  934.215                        3rd     Use of two-way communications device to facilitate commission of a crime.
 1597  944.47(1)(a)6.                 3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
 1598  951.22(1)(h), (j) & (k)        3rd     Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
 1599         Section 46. Section 938.085, Florida Statutes, is amended
 1600  to read:
 1601         938.085 Additional cost to fund rape crisis centers.—In
 1602  addition to any sanction imposed when a person pleads guilty or
 1603  nolo contendere to, or is found guilty of, regardless of
 1604  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1605  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1606  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1607  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1608  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1609  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1610  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1611  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 1612  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 1613  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 1614  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 1615  $151. Payment of the surcharge shall be a condition of
 1616  probation, community control, or any other court-ordered
 1617  supervision. The sum of $150 of the surcharge shall be deposited
 1618  into the Rape Crisis Program Trust Fund established within the
 1619  Department of Health by chapter 2003-140, Laws of Florida. The
 1620  clerk of the court shall retain $1 of each surcharge that the
 1621  clerk of the court collects as a service charge of the clerk’s
 1622  office.
 1623         Section 47. This act shall take effect July 1, 2025.