Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for SB 2-B
       
       
       
       
       
       
                                Ì4826548Î482654                         
       
                              LEGISLATIVE ACTION                        
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       Senator Smith moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1016 - 1087
    4  and insert:
    5         Section 25. Subsection (1) of section 908.104, Florida
    6  Statutes, is amended to read:
    7         908.104 Cooperation with federal immigration authorities.—
    8         (1) Except as provided in s. 908.1041, a law enforcement
    9  agency shall use best efforts to support the enforcement of
   10  federal immigration law. This subsection applies to an official,
   11  representative, agent, or employee of the entity or agency only
   12  when he or she is acting within the scope of his or her official
   13  duties or within the scope of his or her employment.
   14         Section 26. Section 908.1041, Florida Statutes, is created
   15  to read:
   16         908.1041 Prohibition against engaging in immigration
   17  enforcement activities near public schools or religious
   18  institutions.—
   19         (1) As used in this section, the term:
   20         (a) “Immigration enforcement activities” means any action
   21  by a law enforcement officer or agency, including, but not
   22  limited to, the identification, detention, questioning,
   23  investigation, or arrest of individuals based on their
   24  immigration status.
   25         (b) “Public school” means any facility or location
   26  providing primary or secondary education, including, but not
   27  limited to, public K-12 schools, charter schools, and school
   28  grounds.
   29         (c) “Religious institution” means any building or space
   30  primarily used for religious worship or practices, including,
   31  but not limited to, churches, synagogues, mosques, temples, and
   32  other places of religious gatherings.
   33         (2) A law enforcement agency, officer, or sheriff’s deputy
   34  may not engage in or cooperate with immigration enforcement
   35  activities or engage in or cooperate with immigration
   36  enforcement activities pursuant to the Unauthorized Alien
   37  Transport Program under s. 908.13 within 500 feet of any public
   38  school or religious institution, except in cases of exigent
   39  circumstances where immediate action is necessary to prevent
   40  harm or death. A local law enforcement agency may not:
   41         (a) Use agency resources, personnel, or authority to
   42  question, detain, or arrest individuals solely based on their
   43  immigration status on the grounds of, or within 500 feet of, a
   44  public school or religious institution.
   45         (b) Collaborate with federal immigration agency authorities
   46  for immigration enforcement purposes within or around the areas
   47  described in this subsection unless authorized to do so by a
   48  court with jurisdiction over the matter.
   49         (3) This section does not prohibit a local law enforcement
   50  agency from engaging in activities related to criminal
   51  investigations, emergency responses, or school safety as
   52  authorized by law, provided such activities do not involve
   53  immigration enforcement activities.
   54         (4) Within 30 days after the effective date of this act,
   55  each local law enforcement agency shall submit a report to the
   56  Department of Law Enforcement detailing policies and protocols
   57  for compliance with this section, including training protocols
   58  for officers.
   59         (5) A local law enforcement agency or officer who violates
   60  this section may be subject to disciplinary action by the local
   61  governmental entity, including suspension, dismissal, or loss of
   62  funding for local enforcement efforts.
   63         Section 27. The Division of Law Revision is directed to
   64  replace the phrase “the effective date of this act” with the
   65  date this act becomes a law.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete lines 77 - 85
   70  and insert:
   71         908.104, F.S.; conforming a provision to changes made
   72         by the act; creating s. 908.1041, F.S.; defining
   73         terms; prohibiting local law enforcement agencies or
   74         officers from engaging in or cooperating with
   75         immigration enforcement activities or engaging in or
   76         cooperating with immigration enforcement activities
   77         pursuant to the Unauthorized Alien Transport Program
   78         within a specified distance of public schools or
   79         religious institutions; providing an exception;
   80         requiring law enforcement agencies to submit a report
   81         to the Department of Law Enforcement within a
   82         specified timeframe; providing requirements for the
   83         report; providing for disciplinary action; providing a
   84         directive to the Division of Law Revision; creating s.
   85         908.1042, F.S.;