Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for SB 2-B
Ì843850'Î843850
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
01/28/2025 06:21 PM .
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Senator Gruters moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Tackling and
6 Reforming Unlawful Migration Policy (TRUMP) Act”.
7 Section 2. Paragraph (d) is added to subsection (2) of
8 section 14.23, Florida Statutes, and subsection (3) of that
9 section is amended, to read:
10 14.23 State-Federal relations.—
11 (2) CREATION OF THE OFFICE OF STATE-FEDERAL RELATIONS.—
12 (d) The office does not serve as a liaison between the
13 state government and federal immigration agencies, as defined in
14 s. 908.102, regarding federal immigration laws and matters
15 directly related thereto. The Commissioner of Agriculture as the
16 chief immigration officer is the exclusive liaison between the
17 state government and federal immigration agencies regarding
18 federal immigration laws and matters directly related thereto.
19 The Commissioner of Agriculture, at his or her discretion, may
20 appoint an employee of the Department of Agriculture and
21 Consumer Services to work as an adjunct official to the office
22 for the purpose of facilitating coordination between the state
23 government and federal immigration agencies.
24 (3) COOPERATION.—For the purpose of centralizing the state
25 federal relations efforts of the state, state agencies and their
26 representatives shall cooperate and coordinate their state
27 federal efforts and activities with the office, except as
28 provided in paragraph (2)(d). State agencies which have
29 representatives headquartered in Washington, D.C., are
30 encouraged to station their representatives in the office.
31 Section 3. Section 19.55, Florida Statutes, is created to
32 read:
33 19.55 Commissioner of Agriculture as chief immigration
34 officer.—The Commissioner of Agriculture is the chief
35 immigration officer of the state and serves as the state’s
36 official liaison between state entities, local governmental
37 entities, and law enforcement agencies and the Federal
38 Government regarding the enforcement of federal immigration
39 laws. It is the responsibility of the chief immigration officer
40 to:
41 (1) Coordinate with and provide assistance to the Federal
42 Government in the enforcement of federal immigration laws and
43 other matters related to the enforcement of federal immigration
44 laws.
45 (2) Coordinate with and provide assistance to law
46 enforcement agencies, as defined in s. 908.102, in the
47 enforcement of federal immigration laws and other matters
48 related to the enforcement of such laws, and monitor local
49 government compliance with the requirements of chapter 908.
50 (3) Administer the Local Law Enforcement Immigration Grant
51 Program established in s. 19.56.
52 (4) Regularly coordinate random audits pursuant to s.
53 448.095 to ensure compliance and enforcement.
54 (5) Provide recommendations regarding measures that may be
55 implemented to improve cooperation and coordination with the
56 Federal Government in the enforcement of federal immigration
57 laws to the President of the Senate and the Speaker of the House
58 of Representatives.
59 (6) No later than March 15, 2025, report to the President
60 of the Senate and the Speaker of the House of Representatives
61 the number of vacant beds available in state correctional
62 institutions and facilities and county detention facilities
63 which can be sublet to the United States Immigration and Customs
64 Enforcement for use as detention beds. Operators of state
65 correctional institutions and facilities and county detention
66 facilities shall provide such information requested by the chief
67 immigration officer no later than March 1, 2025.
68 (7) Serve as an “authorized state officer” under the Laken
69 Riley Act, S. 5, 119th Cong. (2025), for purposes of having
70 standing to bring an action against specified federal officials
71 to obtain injunctive relief on behalf of the state and its
72 residents.
73 (8) Actively seek Congressional action to amend the
74 National Crime Prevention and Privacy Compact to require states
75 that are a party to the compact to share information relating to
76 a person’s immigration status for criminal justice purposes and
77 to require that such information be fully shared with all
78 federal agencies having authority over immigration enforcement.
79 Section 4. Section 19.56, Florida Statutes, is created to
80 read:
81 19.56 Local Law Enforcement Immigration Grant Program.—
82 (1) There is created in the Office of State Immigration
83 Enforcement within the Division of Law Enforcement under the
84 Department of Agriculture and Consumer Services the Local Law
85 Enforcement Immigration Grant Program to award grants to support
86 local law enforcement agencies, which include chief correctional
87 officers operating county detention facilities, in their
88 cooperation and coordination with federal immigration agencies,
89 as defined in s. 908.102, in the enforcement of federal
90 immigration laws.
91 (2) The office shall annually award any funds specifically
92 appropriated for the grant program to reimburse expenses for,
93 including, but not limited to, subletting detention beds to the
94 United States Immigration and Customs Enforcement, equipment,
95 travel, lodging, and training programs to include certified
96 apprenticeship programs, related to supporting the enforcement
97 of federal immigration laws. The total amount of grants awarded
98 may not exceed funding appropriated for the grant program.
99 (3) The office must prescribe the procedure and application
100 for the program. Grants shall be awarded on a first-come, first
101 served basis based on the date the office received each
102 completed application. In order to efficiently and effectively
103 disburse the funds, the office shall not duplicate benefits and
104 grants may not be awarded to pay for any activity for which the
105 agency has received or expects to receive federal or other
106 funding.
107 (4) The office shall adopt rules to implement this section.
108 Section 5. Section 19.57, Florida Statutes, is created to
109 read:
110 19.57 The Local Law Enforcement Federal Participation
111 Incentive Program.—
112 (1) The Local Law Enforcement Federal Participation
113 Incentive Program is created in the Office of State Immigration
114 Enforcement within the Division of Law Enforcement under the
115 Department of Agriculture and Consumer Services. The purpose of
116 the program is to administer one-time bonus payments of up to
117 $1,000 to local law enforcement officers in this state who
118 participate in United States Department of Homeland Security at
119 large task force operations.
120 (2) The office shall prescribe the procedure and
121 application for the program and distribution of bonus payments.
122 Eligible activity does not include operations occurring solely
123 at state correctional facilities or county correctional
124 facilities. Local law enforcement agencies shall assist the
125 office with the collection of any data necessary to determine
126 bonus payment amounts and to distribute the bonus payments and
127 shall otherwise provide the office with any information or
128 assistance needed to fulfill the requirements of this section.
129 (3) Bonus payments shall be awarded on a first-come, first
130 served basis based on the date the office received each
131 completed application. The total amount of bonuses awarded may
132 not exceed funding appropriated for the program. A local law
133 enforcement agency may submit a joint application for all law
134 enforcement officers within its agency who are eligible for the
135 bonus.
136 (4) The office shall adopt rules to implement this section.
137 Section 6. Subsections (2) and (3) of section 20.14,
138 Florida Statutes, are amended to read:
139 20.14 Department of Agriculture and Consumer Services.
140 There is created a Department of Agriculture and Consumer
141 Services.
142 (2) The following units divisions of the Department of
143 Agriculture and Consumer Services are established:
144 (a) Division of Administration.
145 (b) Division of Agricultural Environmental Services.
146 (c) Division of Animal Industry.
147 (d) Division of Aquaculture.
148 (e) Division of Consumer Services.
149 (f) Division of Food Safety.
150 (g) Division of Florida Forest Service.
151 (h) Division of Fruit and Vegetables.
152 (i) Division of Law Enforcement.
153 1. Office of Agriculture Law Enforcement.
154 2. Office of State Immigration Enforcement.
155 (j)(i) Division of Licensing.
156 (k)(j) Division of Marketing and Development.
157 (l)(k) Division of Plant Industry.
158 (m)(l) Division of Food, Nutrition, and Wellness.
159 (3) Notwithstanding s. 20.04(7)(b) and (c), the department
160 may establish bureaus and offices may be established as deemed
161 necessary to promote efficient and effective operation of the
162 department, pursuant to s. 20.04.
163 Section 7. Section 104.155, Florida Statutes, is created to
164 read:
165 104.155 Unauthorized alien willfully voting; prohibited
166 defenses; aiding or soliciting unauthorized alien in voting
167 prohibited.—
168 (1) Any person who is not a qualified elector because he or
169 she is an unauthorized alien as defined in s. 908.111 and who
170 willfully votes in any election commits a felony of the third
171 degree, punishable as provided in s. 775.082, s. 775.083, or s.
172 775.084. A person’s ignorance of his or her status as an
173 unauthorized alien or a person’s bona fide belief of his or her
174 status as an unauthorized alien cannot be raised as a defense in
175 a prosecution for a violation of this subsection.
176 (2) Any person who aids or solicits another to violate
177 subsection (1) with knowledge that such person is an
178 unauthorized alien as defined in s. 908.111 commits a felony of
179 the third degree, punishable as provided in s. 775.082, s.
180 775.083, or s. 775.084.
181 Section 8. Paragraph (a) of subsection (6) of section
182 252.36, Florida Statutes, is amended to read:
183 252.36 Emergency management powers of the Governor.—
184 (6) In addition to any other powers conferred upon the
185 Governor by law, she or he may:
186 (a) Suspend the provisions of any regulatory statute
187 prescribing the procedures for conduct of state business or the
188 orders or rules of any state agency, if strict compliance with
189 the provisions of any such statute, order, or rule would in any
190 way prevent, hinder, or delay necessary action in coping with
191 the emergency. However, nothing in this paragraph may be used to
192 suspend any provision in s. 19.55 or s. 19.56 or in chapter 908.
193 Section 9. Subsection (6) of section 288.061, Florida
194 Statutes, is amended to read:
195 288.061 Economic development incentive application
196 process.—
197 (6) The Secretary of Commerce may not approve an economic
198 development incentive application unless the application
199 includes proof to the department that the applicant business is
200 registered with and uses the E-Verify system, as defined in s.
201 448.095, to verify the work authorization status of all newly
202 hired employees. If the department is notified by the Office of
203 State Immigration Enforcement within the Department of
204 Agriculture and Consumer Services determines that an awardee is
205 not complying with this subsection, the department must notify
206 the awardee by certified mail of the office’s department’s
207 determination of noncompliance and the awardee’s right to appeal
208 the determination. Upon a final determination of noncompliance,
209 the awardee must repay all moneys received as an economic
210 development incentive to the department within 30 days after the
211 final determination.
212 Section 10. Subsection (13) is added to section 319.001,
213 Florida Statutes, to read:
214 319.001 Definitions.—As used in this chapter, the term:
215 (13) “Valid passport” means:
216 (a) An unexpired passport or passport card issued by the
217 United States government; or
218 (b) An unexpired passport issued by the government of
219 another country with:
220 1. A stamp or mark affixed by the Federal Government onto
221 the passport to evidence and authorize lawful presence in the
222 United States; or
223 2. An unexpired I-94, or current permanent resident card,
224 or unexpired immigrant visa, issued by the Federal Government.
225 Section 11. Subsection (46) is added to section 320.01,
226 Florida Statutes, to read:
227 320.01 Definitions, general.—As used in the Florida
228 Statutes, except as otherwise provided, the term:
229 (46) “Valid passport” means:
230 (a) An unexpired passport or passport card issued by the
231 United States government; or
232 (b) An unexpired passport issued by the government of
233 another country with:
234 1. A stamp or mark affixed by the Federal Government onto
235 the passport to evidence and authorize lawful presence in the
236 United States; or
237 2. An unexpired I-94, or current permanent resident card,
238 or unexpired immigrant visa, issued by the Federal Government.
239 Section 12. Subsection (2) of section 322.02, Florida
240 Statutes, is amended to read:
241 322.02 Legislative intent; administration.—
242 (2) The Department of Highway Safety and Motor Vehicles is
243 charged with the administration and function of enforcement of
244 this chapter and the administration and enforcement of 49 C.F.R.
245 parts 382-386 and 390-397. The Legislature intends for the state
246 to meet all minimum security standards of the REAL ID Act of
247 2005, Public Law No. 109-13, for driver licenses and
248 identification cards issued by this state. Such action ensures
249 that all state-issued driver licenses and identification cards
250 are available to United States citizens and individuals who are
251 not citizens but who are lawfully present and meet the
252 requirements of the REAL ID Act.
253 Section 13. Section 322.033, Florida Statutes, is amended
254 to read:
255 322.033 Unauthorized aliens; invalid out-of-state driver
256 licenses.—
257 (1) The Legislature intends for only driver licenses or
258 identification cards to be issued which meet all minimum
259 security requirements of the REAL ID Act of 2005, Public Law No.
260 109-13. The department is prohibited from issuing a driver
261 license or identification card to any person who is an
262 unauthorized alien.
263 (2) If a driver license is of a class of licenses issued by
264 another state exclusively to unauthorized aliens undocumented
265 immigrants who are unable to prove lawful presence in the United
266 States when the licenses are issued, the driver license, or
267 other permit purporting to authorize the holder to operate a
268 motor vehicle on public roadways, is invalid in this state and
269 does not authorize the holder to operate a motor vehicle in this
270 state. Such classes of licenses include licenses that are issued
271 exclusively to unauthorized aliens, undocumented immigrants, or
272 licenses that are substantially the same as licenses issued to
273 citizens, residents, or those lawfully present in the United
274 States but have markings establishing that the license holder
275 did not exercise the option of providing proof of lawful
276 presence.
277 (3)(2) A law enforcement officer or other authorized
278 representative of the department who stops a person driving with
279 an invalid license as described in subsection (2) (1) and
280 driving without a valid license shall issue a citation to the
281 driver for driving without a license in violation of s. 322.03.
282 (4)(3) The department, to facilitate the enforcement of
283 this section and to aid in providing notice to the public and
284 visitors of invalid licenses, shall maintain on its website a
285 list of out-of-state classes of driver licenses that are invalid
286 in this state.
287 Section 14. Paragraph (c) of subsection (2) of section
288 322.08, Florida Statutes, is amended to read:
289 322.08 Application for license; requirements for license
290 and identification card forms.—
291 (2) Each such application shall include the following
292 information regarding the applicant:
293 (c) Proof of identity satisfactory to the department. Such
294 proof must include one of the following documents issued to the
295 applicant:
296 1. A driver license record or identification card record
297 from another jurisdiction which complies with the federal REAL
298 ID Act of 2005, Public Law No. 109-13, and which that required
299 the applicant to submit a document for identification which is
300 substantially similar to a document required under subparagraph
301 2., subparagraph 3., subparagraph 4., subparagraph 5.,
302 subparagraph 6., subparagraph 7., or subparagraph 8.;
303 2. A certified copy of a United States birth certificate;
304 3. A valid, unexpired United States passport or passport
305 card;
306 4. A naturalization certificate issued by the United States
307 Department of Homeland Security;
308 5. A valid, unexpired alien registration receipt card
309 (green card);
310 6. A Consular Report of Birth Abroad provided by the United
311 States Department of State;
312 7. An unexpired employment authorization card issued by the
313 United States Department of Homeland Security; or
314 8. Proof of nonimmigrant classification provided by the
315 United States Department of Homeland Security, for an original
316 driver license. In order to prove nonimmigrant classification,
317 an applicant must provide at least one of the following
318 documents. In addition, the department may require applicants to
319 produce United States Department of Homeland Security documents
320 for the sole purpose of establishing the maintenance of, or
321 efforts to maintain, continuous lawful presence:
322 a. A notice of hearing from an immigration court scheduling
323 a hearing on any proceeding.
324 b. A notice from the Board of Immigration Appeals
325 acknowledging pendency of an appeal.
326 c. A notice of the approval of an application for
327 adjustment of status issued by the United States Citizenship and
328 Immigration Services.
329 d. An official documentation confirming the filing of a
330 petition for asylum or refugee status or any other relief issued
331 by the United States Citizenship and Immigration Services.
332 e. A notice of action transferring any pending matter from
333 another jurisdiction to this state issued by the United States
334 Citizenship and Immigration Services.
335 f. An order of an immigration judge or immigration officer
336 granting relief that authorizes the alien to live and work in
337 the United States, including, but not limited to, asylum.
338 g. Evidence that an application is pending for adjustment
339 of status to that of an alien lawfully admitted for permanent
340 residence in the United States or conditional permanent resident
341 status in the United States, if a visa number is available
342 having a current priority date for processing by the United
343 States Citizenship and Immigration Services.
344 h. On or after January 1, 2010, An unexpired foreign
345 passport issued by the government of another country with:
346 (I) A stamp or mark affixed by the Federal Government onto
347 the passport to evidence and authorize lawful presence in the
348 United States; or
349 (II) An unexpired United States Visa affixed, accompanied
350 by an approved I-94, or current permanent resident card, or
351 unexpired immigrant visa, issued by the Federal Government
352 documenting the most recent admittance into the United States.
353
354 A driver license or temporary permit issued based on documents
355 required in subparagraph 7. or subparagraph 8. is valid for a
356 period not to exceed the expiration date of the document
357 presented or 1 year.
358 Section 15. Paragraph (e) of subsection (2) of section
359 322.121, Florida Statutes, is amended to read:
360 322.121 Periodic reexamination of all drivers.—
361 (2) For each licensee whose driving record does not show
362 any revocations, disqualifications, or suspensions for the
363 preceding 7 years or any convictions for the preceding 3 years
364 except for convictions of the following nonmoving violations:
365 (e) Failure to notify the department of a change of
366 address, or name, or United States citizenship status within 30
367 10 days pursuant to s. 322.19,
368
369 the department shall cause such licensee’s license to be
370 prominently marked with the notation “Safe Driver.”
371 Section 16. Section 322.19, Florida Statutes, is amended to
372 read:
373 322.19 Change of address, or name, or citizenship status.—
374 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
375 944.607, and 985.4815, whenever any person, after applying for
376 or receiving a driver license or identification card, changes
377 his or her legal name, that person must within 30 days
378 thereafter obtain a replacement license or card that reflects
379 the change.
380 (2) If a person, after applying for or receiving a driver
381 license or identification card, changes the legal residence or
382 mailing address in the application, license, or card, the person
383 must, within 30 calendar days after making the change, obtain a
384 replacement license or card that reflects the change. A written
385 request to the department must include the old and new addresses
386 and the driver license or identification card number. Any person
387 who has a valid, current student identification card issued by
388 an educational institution in this state is presumed not to have
389 changed his or her legal residence or mailing address. This
390 subsection does not affect any person required to register a
391 permanent or temporary address change pursuant to s. 775.13, s.
392 775.21, s. 775.25, or s. 943.0435.
393 (3) If a person, after applying for or receiving a driver
394 license or identification card, becomes a citizen of the United
395 States, such person must, within 30 calendar days after making
396 the change, obtain a replacement license or card that reflects
397 such change.
398 (4)(3) A violation of this section is a nonmoving violation
399 with a penalty as provided in s. 318.18(2).
400 (5)(4) Notwithstanding any other provision of this chapter,
401 if a licensee established his or her identity for a driver
402 license using an identification document authorized under s.
403 322.08(2)(c)7. or 8., the licensee may not change his or her
404 name or address except in person and upon submission of an
405 identification document authorized under s. 322.08(2)(c)7. or 8.
406 Section 17. Subsection (3) of section 395.3027, Florida
407 Statutes, is amended to read:
408 395.3027 Patient immigration status data collection.—
409 (3) By March 1 of each year, the agency shall submit a
410 report to the Governor, the chief immigration officer within the
411 Department of Agriculture and Consumer Services, the President
412 of the Senate, and the Speaker of the House of Representatives.
413 The report shall consist of a consolidation of the quarterly
414 reports of the prior calendar year and an executive summary of
415 the data which includes the total number of hospital admissions
416 and emergency department visits for the previous calendar year
417 for which the patient or patient’s representative reported that
418 the patient was a citizen of the United States or lawfully
419 present in the United States, was not lawfully present in the
420 United States, or declined to answer. The report must also
421 describe information relating to the costs of uncompensated care
422 for aliens who are not lawfully present in the United States,
423 the impact of uncompensated care on the cost or ability of
424 hospitals to provide services to the public, hospital funding
425 needs, and other related information.
426 Section 18. Subsections (2), (3), and (4) of section
427 448.09, Florida Statutes, are amended to read:
428 448.09 Unauthorized aliens; employment prohibited.—
429 (2) If the Office of State Immigration Enforcement within
430 the Department of Agriculture and Consumer Services Commerce
431 finds or is notified by an entity specified in s. 448.095(3)(a)
432 that an employer has knowingly employed an unauthorized alien
433 without verifying the employment eligibility of such person, the
434 office department must notify the Department of Commerce, which
435 must enter an order pursuant to chapter 120 making such
436 determination and require repayment of any economic development
437 incentive pursuant to s. 288.061(6).
438 (3) For a violation of this section, the Office of State
439 Immigration Enforcement department shall place the employer on
440 probation for a 1-year period and require that the employer
441 report quarterly to the office department to demonstrate
442 compliance with the requirements of subsection (1) and s.
443 448.095.
444 (4) Any violation of this section which takes place within
445 24 months after a previous violation constitutes grounds for the
446 suspension or revocation of all licenses issued by a licensing
447 agency subject to chapter 120. The Office of State Immigration
448 Enforcement department shall take the following actions for a
449 violation involving:
450 (a) One to ten unauthorized aliens, suspension of all
451 applicable licenses held by a private employer for up to 30 days
452 by the respective agencies that issued them.
453 (b) Eleven to fifty unauthorized aliens, suspension of all
454 applicable licenses held by a private employer for up to 60 days
455 by the respective agencies that issued them.
456 (c) More than fifty unauthorized aliens, revocation of all
457 applicable licenses held by a private employer by the respective
458 agencies that issued them.
459 Section 19. Paragraph (a) of subsection (3) and subsection
460 (6) of section 448.095, Florida Statutes, are amended to read:
461 448.095 Employment eligibility.—
462 (3) ENFORCEMENT.—
463 (a) For the purpose of enforcement of this section, any of
464 the following persons or entities may request, and an employer
465 must provide, copies of any documentation relied upon by the
466 employer for the verification of a new employee’s employment
467 eligibility:
468 1. The Office of State Immigration Enforcement within the
469 Department of Agriculture and Consumer Services Law Enforcement;
470 2. The Attorney General;
471 3. The state attorney in the circuit in which the new
472 employee works; or
473 4. The statewide prosecutor; or
474 5. The Department of Commerce.
475 (6) COMPLIANCE.—
476 (a) In addition to the requirements under s. 288.061(6),
477 beginning on July 1, 2024, If the Office of State Immigration
478 Enforcement Department of Commerce determines that an employer
479 failed to use the E-Verify system to verify the employment
480 eligibility of employees as required under this section, the
481 office department must notify the employer of the office’s
482 department’s determination of noncompliance and provide the
483 employer with 30 days to cure the noncompliance. The office must
484 also provide notice to the Department of Commerce, which shall
485 take action pursuant to s. 288.061(6).
486 (b) If the Office of State Immigration Enforcement
487 Department of Commerce determines that an employer failed to use
488 the E-Verify system as required under this section three times
489 in any 24-month period, the office department must impose a fine
490 of $1,000 per day until the employer provides sufficient proof
491 to the office department that the noncompliance is cured.
492 Noncompliance constitutes grounds for the suspension of all
493 licenses issued by a licensing agency subject to chapter 120
494 until the noncompliance is cured.
495 (c) Fines collected under this subsection must be deposited
496 into the General Inspection State Economic Enhancement and
497 Development Trust Fund for use by the Office of State
498 Immigration Enforcement department for employer outreach and
499 public notice of the state’s employment verification laws.
500 Section 20. Subsection (4) of section 480.0535, Florida
501 Statutes, is amended to read:
502 480.0535 Documents required while working in a massage
503 establishment; penalties; reporting.—
504 (4) The department shall notify a federal immigration
505 office and the chief immigration officer within the Department
506 of Agriculture and Consumer Services if a person operating a
507 massage establishment, an employee, or any person performing
508 massage therapy in a massage establishment fails to provide
509 valid government identification as required under this section.
510 Section 21. Section 775.0824, Florida Statutes, is created
511 to read:
512 775.0824 Dangerous Unauthorized Alien Offender; legislative
513 intent; definitions; mandatory minimum prison terms.—
514 (1) It is the intent of the Legislature that dangerous
515 unauthorized alien offenders be punished to the fullest extent
516 of the law and as provided in this section.
517 (2) As used in this section, the terms:
518 (a) “Dangerous unauthorized alien offender” means any
519 unauthorized alien who is a member of a criminal gang as defined
520 in s. 874.03, including any member of a transnational crime
521 organization, and who commits or attempts to commit a felony
522 offense in this state.
523 (b) “Unauthorized alien” means a person who is unlawfully
524 present in the United States according to the terms of the
525 federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et
526 seq. The term shall be interpreted consistently with any
527 applicable federal statutes, rules, or regulations.
528 (3) For an offense committed on or after the effective date
529 of this act, if the state attorney determines that a person is a
530 dangerous unauthorized alien offender as defined in subsection
531 (2), the state attorney shall seek to have the court sentence
532 the person a dangerous unauthorized alien offender. In a
533 separate proceeding conducted pursuant to this section, upon
534 proof from the state attorney that establishes by a
535 preponderance of the evidence that the person is a dangerous
536 unauthorized alien offender, such person is not eligible for
537 sentencing under the sentencing guidelines and must be sentenced
538 as follows:
539 a. For a felony punishable by life, by a term of life
540 imprisonment;
541 b. For a felony of the first degree, by a term of
542 imprisonment of 30 years;
543 c. For a felony of the second degree, by a term of
544 imprisonment for 15 years;
545 d. For a felony of the third degree, by a term of
546 imprisonment for 5 years.
547 (4) A person sentenced under subsection (3) shall be
548 released only by expiration of sentence and shall not be
549 eligible for parole, control release, or any form of early
550 release. Any person sentenced under subsection (3) must serve
551 100 percent of the court-imposed sentence.
552 (5) Nothing in this section shall prevent a court from
553 imposing a greater sentence of incarceration as authorized by
554 law, pursuant to s. 775.084 or any other provision of law.
555 Section 22. Section 775.0848, Florida Statutes, is amended
556 to read:
557 775.0848 Offenses committed by an unauthorized alien;
558 reclassification; unauthorized alien Commission of a felony
559 after unlawful reentry into the United States;
560 reclassification.—The penalty for any misdemeanor or felony
561 shall be reclassified as provided in this subsection if the
562 commission of such misdemeanor or felony was committed by an
563 unauthorized alien as defined in s. 908.111. A person who has
564 been previously convicted of a crime relating to the reentry of
565 removed aliens under 8 U.S.C. s. 1326 shall have the penalty for
566 committing a felony committed after such conviction reclassified
567 in the following manner:
568 (1) A misdemeanor of the second degree is reclassified to a
569 misdemeanor of the first degree.
570 (2) A misdemeanor of the first degree is reclassified to a
571 felony of the third degree.
572 (3) A felony of the third degree is reclassified to a
573 felony of the second degree.
574 (4)(2) A felony of the second degree is reclassified to a
575 felony of the first degree.
576 (5)(3) A felony of the first degree is reclassified to a
577 life felony.
578 Section 23. Subsection (1) of section 874.03, Florida
579 Statutes, is amended, and subsection (8) is added to that
580 section, to read:
581 874.03 Definitions.—As used in this chapter:
582 (1) “Criminal gang” means a formal or informal ongoing
583 organization, association, or group that has as one of its
584 primary activities the commission of criminal or delinquent
585 acts, and that consists of three or more persons who have a
586 common name or common identifying signs, colors, or symbols,
587 including, but not limited to, terrorist organizations,
588 transnational crime organizations, and hate groups.
589 (a) As used in this subsection, “ongoing” means that the
590 organization was in existence during the time period charged in
591 a petition, information, indictment, or action for civil
592 injunctive relief.
593 (b) As used in this subsection, “primary activities” means
594 that a criminal gang spends a substantial amount of time engaged
595 in such activity, although such activity need not be the only,
596 or even the most important, activity in which the criminal gang
597 engages.
598 (8) “Transnational crime organization” means any group,
599 network, or association of persons, at least one of which is an
600 unauthorized alien as defined in 8 U.S.C. ss. 1101, that
601 routinely facilitates the international trafficking of drugs,
602 humans, or weapons or the international smuggling of humans.
603 Section 24. Subsection (8) of section 895.02, Florida
604 Statutes, is amended to read:
605 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
606 (8) “Racketeering activity” means to commit, to attempt to
607 commit, to conspire to commit, or to solicit, coerce, or
608 intimidate another person to commit:
609 (a) Any crime that is chargeable by petition, indictment,
610 or information under the following provisions of the Florida
611 Statutes:
612 1. Section 104.155(2), relating to aiding or soliciting an
613 unauthorized alien in voting.
614 2. Section 210.18, relating to evasion of payment of
615 cigarette taxes.
616 3.2. Section 316.1935, relating to fleeing or attempting to
617 elude a law enforcement officer and aggravated fleeing or
618 eluding.
619 4.3. Chapter 379, relating to the illegal sale, purchase,
620 collection, harvest, capture, or possession of wild animal life,
621 freshwater aquatic life, or marine life, and related crimes.
622 5.4. Section 403.727(3)(b), relating to environmental
623 control.
624 6.5. Section 409.920 or s. 409.9201, relating to Medicaid
625 fraud.
626 7.6. Section 414.39, relating to public assistance fraud.
627 8.7. Section 440.105 or s. 440.106, relating to workers’
628 compensation.
629 9.8. Section 443.071(4), relating to creation of a
630 fictitious employer scheme to commit reemployment assistance
631 fraud.
632 10.9. Section 465.0161, relating to distribution of
633 medicinal drugs without a permit as an Internet pharmacy.
634 11.10. Section 499.0051, relating to crimes involving
635 contraband, adulterated, or misbranded drugs.
636 12.11. Part IV of chapter 501, relating to telemarketing.
637 13.12. Chapter 517, relating to sale of securities and
638 investor protection.
639 14.13. Section 550.235 or s. 550.3551, relating to
640 dogracing and horseracing.
641 15.14. Chapter 550, relating to jai alai frontons.
642 16.15. Section 551.109, relating to slot machine gaming.
643 17.16. Chapter 552, relating to the manufacture,
644 distribution, and use of explosives.
645 18.17. Chapter 560, relating to money transmitters, if the
646 violation is punishable as a felony.
647 19.18. Chapter 562, relating to beverage law enforcement.
648 20.19. Section 624.401, relating to transacting insurance
649 without a certificate of authority, s. 624.437(4)(c)1., relating
650 to operating an unauthorized multiple-employer welfare
651 arrangement, or s. 626.902(1)(b), relating to representing or
652 aiding an unauthorized insurer.
653 21.20. Section 655.50, relating to reports of currency
654 transactions, when such violation is punishable as a felony.
655 22.21. Chapter 687, relating to interest and usurious
656 practices.
657 23.22. Section 721.08, s. 721.09, or s. 721.13, relating to
658 real estate timeshare plans.
659 24.23. Section 775.13(5)(b), relating to registration of
660 persons found to have committed any offense for the purpose of
661 benefiting, promoting, or furthering the interests of a criminal
662 gang.
663 25.24. Section 777.03, relating to commission of crimes by
664 accessories after the fact.
665 26.25. Chapter 782, relating to homicide.
666 27.26. Chapter 784, relating to assault and battery.
667 28.27. Chapter 787, relating to kidnapping, human
668 smuggling, or human trafficking.
669 29.28. Chapter 790, relating to weapons and firearms.
670 30.29. Chapter 794, relating to sexual battery, but only if
671 such crime was committed with the intent to benefit, promote, or
672 further the interests of a criminal gang, or for the purpose of
673 increasing a criminal gang member’s own standing or position
674 within a criminal gang.
675 31.30. Former s. 796.03, former s. 796.035, s. 796.04, s.
676 796.05, or s. 796.07, relating to prostitution.
677 32.31. Chapter 806, relating to arson and criminal
678 mischief.
679 33.32. Chapter 810, relating to burglary and trespass.
680 34.33. Chapter 812, relating to theft, robbery, and related
681 crimes.
682 35.34. Chapter 815, relating to computer-related crimes.
683 36.35. Chapter 817, relating to fraudulent practices, false
684 pretenses, fraud generally, credit card crimes, and patient
685 brokering.
686 37.36. Chapter 825, relating to abuse, neglect, or
687 exploitation of an elderly person or disabled adult.
688 38.37. Section 827.071, relating to commercial sexual
689 exploitation of children.
690 39.38. Section 828.122, relating to fighting or baiting
691 animals.
692 40.39. Chapter 831, relating to forgery and counterfeiting.
693 41.40. Chapter 832, relating to issuance of worthless
694 checks and drafts.
695 42.41. Section 836.05, relating to extortion.
696 43.42. Chapter 837, relating to perjury.
697 44.43. Chapter 838, relating to bribery and misuse of
698 public office.
699 45.44. Chapter 843, relating to obstruction of justice.
700 46.45. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
701 or s. 847.07, relating to obscene literature and profanity.
702 47.46. Chapter 849, relating to gambling, lottery, gambling
703 or gaming devices, slot machines, or any of the provisions
704 within that chapter.
705 48.47. Chapter 874, relating to criminal gangs.
706 49.48. Chapter 893, relating to drug abuse prevention and
707 control.
708 50.49. Chapter 896, relating to offenses related to
709 financial transactions.
710 51.50. Sections 914.22 and 914.23, relating to tampering
711 with or harassing a witness, victim, or informant, and
712 retaliation against a witness, victim, or informant.
713 52.51. Sections 918.12 and 918.13, relating to tampering
714 with jurors and evidence.
715 Section 25. Paragraph (c) of subsection (2) of section
716 903.046, Florida Statutes, is amended to read:
717 903.046 Purpose of and criteria for bail determination.—
718 (2) When determining whether to release a defendant on bail
719 or other conditions, and what that bail or those conditions may
720 be, the court shall consider:
721 (c) The defendant’s family ties, length of residence in the
722 community, employment history, financial resources, and mental
723 condition, and immigration status.
724 Section 26. Paragraph (b) of subsection (3) and paragraph
725 (e) of subsection (5) of section 907.041, Florida Statutes, are
726 amended to read:
727 907.041 Pretrial detention and release.—
728 (3) RELEASE ON NONMONETARY CONDITIONS.—
729 (b) No person shall be released on nonmonetary conditions
730 under the supervision of a pretrial release service, unless the
731 service certifies to the court that it has investigated or
732 otherwise verified:
733 1. The circumstances of the accused’s family, employment,
734 financial resources, character, mental condition, immigration
735 status, and length of residence in the community;
736 2. The accused’s record of convictions, of appearances at
737 court proceedings, of flight to avoid prosecution, or of failure
738 to appear at court proceedings; and
739 3. Other facts necessary to assist the court in its
740 determination of the indigency of the accused and whether she or
741 he should be released under the supervision of the service.
742 (5) PRETRIAL DETENTION.—
743 (e) When a person charged with a crime for which pretrial
744 detention could be ordered is arrested, the arresting agency
745 shall promptly notify the state attorney of the arrest and shall
746 provide the state attorney with such information as the
747 arresting agency has obtained relative to:
748 1. The nature and circumstances of the offense charged;
749 2. The nature of any physical evidence seized and the
750 contents of any statements obtained from the defendant or any
751 witness;
752 3. The defendant’s family ties, residence, employment,
753 financial condition, and mental condition, and immigration
754 status; and
755 4. The defendant’s past conduct and present conduct,
756 including any record of convictions, previous flight to avoid
757 prosecution, or failure to appear at court proceedings.
758 Section 27. Section 908.101, Florida Statutes, is amended
759 to read:
760 908.101 Legislative findings and intent.—
761 (1) The Legislature finds that it is an important state
762 interest to cooperate and assist the Federal Government in the
763 enforcement of federal immigration laws within this state.
764 (2) The Legislature further finds that designating a single
765 state officer, the Commissioner of Agriculture, as the chief
766 immigration officer, is essential to facilitating coordination,
767 assistance, and communication between the Federal Government,
768 state entities, local governmental entities, and law enforcement
769 agencies regarding the enforcement of federal immigration laws.
770 Section 28. Subsections (1) through (5) and subsections (6)
771 and (7) of section 908.102, Florida Statutes, are renumbered as
772 subsections (2) through (6) and subsections (8) and (9),
773 respectively, and new subsections (1) and (7) are added to that
774 section to read:
775 908.102 Definitions.—As used in this chapter, the term:
776 (1) “Chief immigration officer” means the chief immigration
777 officer as described in s. 19.55.
778 (7) “Office” means the Office of State Immigration
779 Enforcement established within the Division of Law Enforcement
780 under the Department of Agriculture and Consumer Services.
781 Section 29. Section 908.1031, Florida Statutes, is created
782 to read:
783 908.1031 Office of State Immigration Enforcement; creation;
784 purpose and duties.—
785 (1) The Office of State Immigration Enforcement is
786 established within the Division of Law Enforcement under the
787 Department of Agriculture and Consumer Services. The purpose of
788 the office is to aid the Commissioner of Agriculture in the
789 commissioner’s role as the chief immigration officer of the
790 state by:
791 (a) Encouraging cooperation by state entities, local
792 governmental entities, and law enforcement agencies with the
793 Federal Government to support the enforcement of federal
794 immigration laws to the maximum extent permissible under federal
795 law across the State of Florida.
796 (b) Serving as the central point of coordination between
797 federal immigration agencies, state entities, local governmental
798 entities, and law enforcement agencies regarding the enforcement
799 of federal immigration laws.
800 (2) The office shall facilitate the collection and
801 dissemination of investigative and intelligence information to
802 the Federal Government.
803 (3) The office shall employ sworn law enforcement officers,
804 nonsworn investigators, and administrative personnel. Such
805 employees, when authorized by federal law, must aid local
806 governmental entities and law enforcement agencies in the
807 investigation and enforcement of federal immigration laws. The
808 positions and resources necessary for the office to accomplish
809 its duties shall be established through and subject to the
810 legislative appropriations process.
811 (4)(a) Each law enforcement officer shall meet the
812 qualifications of law enforcement officers under s. 943.13 and
813 shall be certified as a law enforcement officer by the
814 Department of Law Enforcement under the provisions of chapter
815 943. Upon certification, each law enforcement officer is subject
816 to and shall have the same arrest and other authority provided
817 for law enforcement officers generally in chapter 901 and shall
818 have statewide jurisdiction. Each officer shall also have arrest
819 authority as provided for state law enforcement officers in s.
820 901.15. Such officers have full law enforcement powers granted
821 to other peace officers of this state, including the authority
822 to make arrests, carry firearms, serve court process, and seize
823 contraband and the proceeds of illegal activities.
824 (b) All law enforcement officers of the office, upon
825 certification under s. 943.1395, shall have the same right and
826 authority to carry arms as do the sheriffs of this state.
827 (5) By December 15 of each year, the office shall submit a
828 report to the Governor, the President of the Senate, and the
829 Speaker of the House of Representatives. The report may contain
830 recommendations to the Legislature to improve the state’s
831 cooperation and coordination with the Federal Government in the
832 enforcement of federal immigration laws within this state. The
833 report must detail the number of trained law enforcement
834 officers under the required agreements in s. 908.11 and the
835 level of cooperation and coordination between the following
836 entities and federal immigration agencies:
837 (a) State entities.
838 (b) Local governmental entities.
839 (c) Law enforcement agencies.
840 (6) The office serves as a relevant state law enforcement
841 agency for any applicable Federal Homeland Security Task Force
842 established under President Trump’s Executive Order, Protecting
843 the American People Against Invasion, issued on January 20,
844 2025.
845 (7) The office may adopt rules to implement this section.
846 Section 30. Subsections (5) through (8) of section 908.104,
847 Florida Statutes, are renumbered as subsections (6) through (9),
848 respectively, present subsections (5), (6), and (8) are amended,
849 and a new subsection (5) is added to that section, to read:
850 908.104 Cooperation with federal immigration authorities.—
851 (5) Upon request from a federal immigration agency, a
852 sheriff or chief correctional officer operating a county
853 detention facility must provide the requesting federal
854 immigration agency a list of all inmates booked into a county
855 detention facility and any information regarding each inmate’s
856 immigration status.
857 (6)(5) This section does not require a state entity, local
858 governmental entity, or law enforcement agency to provide a
859 federal immigration agency with information related to a victim
860 of or a witness to a criminal offense if:
861 (a) The victim or witness is necessary to the investigation
862 or prosecution of a crime, and such crime occurred in the United
863 States; and
864 (b) The victim or witness timely and in good faith responds
865 to the entity’s or agency’s request for information and
866 cooperates cooperation in the investigation or prosecution of
867 such the offense.
868 (7)(6) A state entity, local governmental entity, or law
869 enforcement agency that, pursuant to subsection (6) (5),
870 withholds information regarding the immigration information of a
871 victim of or witness to a criminal offense shall document the
872 victim’s or witness’s cooperation in the entity’s or agency’s
873 investigative records related to the offense and shall retain
874 the records for at least 10 years for the purpose of audit,
875 verification, or inspection by the Auditor General.
876 (9)(8) This section does not apply to any alien unlawfully
877 present in the United States if he or she is or has been a
878 necessary witness or victim of a crime of domestic violence,
879 rape, sexual exploitation, sexual assault, murder, manslaughter,
880 assault, battery, human trafficking, kidnapping, false
881 imprisonment, involuntary servitude, fraud in foreign labor
882 contracting, blackmail, extortion, or witness tampering,
883 provided that such crime was committed in the United States.
884 Documentation, including, but not limited to, police reports,
885 testimony, sworn statements, or a victim impact statement, must
886 be relied upon to verify that the person was a necessary witness
887 or victim to the crime.
888 Section 31. Section 908.1041, Florida Statutes, is created
889 to read:
890 908.1041 Cooperation between public entities to enforce
891 federal immigration laws.—
892 (1) Every state, county, district, authority, or municipal
893 officer, department, division, board, bureau, commission, or
894 other separate unit of government and any other public or
895 private agency, person, partnership, corporation, or business
896 entity contracted with or otherwise acting on behalf of any
897 public agency has a duty and an obligation to cooperate to the
898 fullest extent possible with the Federal Government in the
899 enforcement of federal immigration laws and the protection of
900 the borders of the United States.
901 (2) State entities and state law enforcement agencies must
902 cooperate and coordinate with the office at its request
903 concerning federal immigration laws or matters directly related
904 thereto. Any communication with or coordination between a state
905 entity and a federal immigration agency concerning such laws or
906 matters must occur through the office. Any interagency
907 agreement, memorandum of understanding, or contract, or any
908 modification or amendment to such agreement, memorandum, or
909 contract, concerning federal immigration laws or matters
910 directly related thereto between a federal immigration agency
911 and a state entity or state law enforcement agency must be
912 approved by the chief immigration officer before execution.
913 (3) If a local governmental entity or local law enforcement
914 agency requests assistance regarding federal immigration laws
915 from a state entity or state law enforcement agency, that local
916 governmental entity or local law enforcement agency must
917 coordinate the request through the office.
918 Section 32. Section 908.1042, Florida Statutes, is created
919 to read:
920 908.1042 State Immigration Enforcement Council.—The State
921 Immigration Enforcement Council is created within the office for
922 the purpose of advising the chief immigration officer.
923 (1) MEMBERSHIP.—The council at a minimum must be composed
924 of seven sheriffs and four police chiefs appointed by the chief
925 immigration officer, as well as the executive director of the
926 Department of Law Enforcement. The chief immigration officer
927 must appoint a sheriff to serve as chair of the council.
928 (2) TERMS OF MEMBERSHIP; COMPENSATION; STAFF.—
929 (a) Appointments to the council must be made by March 1,
930 2025. Any vacancy shall be filled within 2 weeks after such a
931 vacancy.
932 (b) Membership of the council shall not disqualify a member
933 from holding any other public office or being employed by a
934 public entity except that no member of the Legislature shall
935 serve on the council. The Legislature finds that the council
936 serves a state, county, and municipal purpose and that service
937 on the council is consistent with a member’s principal service
938 in a public office or employment.
939 (c) Members of the council shall serve without compensation
940 but are entitled to reimbursement for per diem and travel
941 expenses pursuant to s. 112.061.
942 (d) The office shall provide the council with staff
943 necessary to assist the council in the performance of its
944 duties.
945 (3) MEETINGS.—The council must meet quarterly. Additional
946 meetings may be held at the discretion of the chair. A majority
947 of members of the council constitute a quorum. Council meetings
948 may be conducted by teleconference or other electronic means.
949 (4) DUTIES OF COUNCIL.—The council shall:
950 (a) Advise the chief immigration officer on the efforts of
951 local law enforcement agencies related to the enforcement of
952 federal immigration laws within the state.
953 (b) Provide recommendations on the financial resources
954 necessary to aid local law enforcement agencies in the
955 cooperation and coordination with the Federal Government.
956 (c) Provide recommendations to enhance information sharing
957 between state entities, local governmental entities, law
958 enforcement agencies, and the Federal Government in the
959 enforcement of federal immigration laws within the state. The
960 recommendations must provide for enhanced use and coordination
961 of the following Federal Government centers, including, but not
962 limited to:
963 1. The Federal Bureau of Investigation’s Terrorist
964 Screening Center;
965 2. The United States Customs and Border Protection’s
966 National Targeting Center;
967 3. The United States Department of Homeland Security Fusion
968 Centers; and
969 4. The United States Drug Enforcement Administration’s
970 Special Operations Unit.
971 (d) Provide recommendations of any resources necessary to
972 facilitate the training of local law enforcement agencies in the
973 cooperation and coordination with the Federal Government and the
974 enforcement of federal immigration laws.
975 (e) Provide recommendations on strategies to increase the
976 number of available detention beds for use by the United States
977 Immigration and Customs Enforcement.
978 (f) Analyze the information collected in s. 908.1031(5),
979 including the number of trained law enforcement officers under
980 the required agreements in s. 908.11, and make recommendations
981 to the chief immigration officer.
982 (5) RULEMAKING.—The office may adopt rules to implement
983 this section.
984 Section 33. Paragraph (c) of subsection (1) of section
985 908.105, Florida Statutes, is amended, paragraph (d) is added to
986 that subsection, and subsection (4) is added to that section, to
987 read:
988 908.105 Duties related to immigration detainers.—
989 (1) A law enforcement agency that has custody of a person
990 subject to an immigration detainer issued by a federal
991 immigration agency shall:
992 (c) Upon determining that the immigration detainer is in
993 accordance with s. 908.102(3) s. 908.102(2), comply with the
994 requests made in the immigration detainer.
995 (d) Notify the state attorney that the person is subject to
996 an immigration detainer.
997 (4)(a) If any county, district, authority, municipality, or
998 other local government adopts an ordinance, a regulation, a
999 rule, or a policy refusing to comply or otherwise directing
1000 local officials, employees, or others to refuse to comply an
1001 immigration detainer issued by a federal immigration agency, the
1002 chief immigration officer must initiate judicial proceedings in
1003 the name of the state in order to enforce compliance. The court
1004 upon finding noncompliance with this subsection shall declare
1005 invalid the improper ordinance, regulation, rule, or policy and
1006 issue a permanent injunction against the local government
1007 prohibiting it from enforcing such ordinance, regulation, rule,
1008 or policy. It is not a defense that in enacting the ordinance,
1009 regulation, rule, or policy the local government was acting in
1010 good faith or upon advice of counsel.
1011 (b) If the court determines that a violation was knowing
1012 and willful, the court must assess a civil fine of up to $5,000
1013 against the elected or appointed local government official or
1014 officials or administrative agency head under whose jurisdiction
1015 the violation occurred.
1016 (c) Except as required by applicable law, public funds may
1017 not be used to defend or reimburse the unlawful conduct of any
1018 person found to have knowingly and willfully violated this
1019 subsection.
1020 Section 34. Subsections (1) and (2) of section 908.107,
1021 Florida Statutes, are amended to read:
1022 908.107 Enforcement.—
1023 (1)(a) Any executive or administrative state, county, or
1024 municipal officer who violates his or her duties under this
1025 chapter may be subject to action by the Governor in the exercise
1026 of his or her authority under the State Constitution and state
1027 law. Pursuant to s. 1(b), Art. IV of the State Constitution, the
1028 Governor may initiate judicial proceedings in the name of the
1029 state against such officers to enforce compliance with any duty
1030 under this chapter or restrain any unauthorized act contrary to
1031 this chapter.
1032 (b) The chief immigration officer may present evidence to
1033 the Governor that an executive or administrative state, county,
1034 or municipal officer has violated his or her duties under this
1035 chapter and recommend that the Governor take action using his or
1036 her authority under the State Constitution and state law.
1037 (2) In addition, the Attorney General or the chief
1038 immigration officer may file suit against a local governmental
1039 entity or local law enforcement agency in a court of competent
1040 jurisdiction for declaratory or injunctive relief for a
1041 violation of this chapter.
1042 Section 35. Section 908.11, Florida Statutes, is amended to
1043 read:
1044 908.11 Immigration enforcement assistance agreements;
1045 reporting requirement.—
1046 (1) The sheriff or the chief correctional officer By
1047 January 1, 2023, each law enforcement agency operating a county
1048 detention facility must enter into a written agreement with the
1049 United States Immigration and Customs Enforcement to participate
1050 in the immigration program established under s. 287(g) of the
1051 Immigration and Nationality Act, 8 U.S.C. s. 1357. The chief
1052 immigration officer must approve the termination of any such
1053 agreement. This subsection does not require a sheriff or chief
1054 correctional officer operating a county detention facility law
1055 enforcement agency to participate in a particular program model.
1056 (2) Beginning no later than April 1, 2025 October 1, 2022,
1057 and until the sheriff or chief correctional officer operating a
1058 county detention facility law enforcement agency enters into the
1059 written agreement required under subsection (1), each sheriff or
1060 chief correctional officer law enforcement agency operating a
1061 county detention facility must notify the office Department of
1062 Law Enforcement quarterly of the status of such written
1063 agreement and any reason for noncompliance with this section, if
1064 applicable.
1065 Section 36. Section 908.13, Florida Statutes, is created to
1066 read:
1067 908.13 Emergency powers of the chief immigration officer.
1068 Notwithstanding the provisions of ss. 252.31-252.90, this
1069 section provides the sole authority to declare a state of
1070 emergency related to illegal immigration, illegal migration, or
1071 immigration enforcement to the chief immigration officer.
1072 (1) Within the powers conferred upon the chief immigration
1073 officer by law, the chief immigration officer may issue
1074 emergency orders, proclamations, and rules and may amend or
1075 rescind them. Such orders, proclamations, and rules have the
1076 force and effect of law. An emergency order, proclamation, or
1077 rule must be limited to a duration of not more than 60 days and
1078 may be renewed as necessary during the duration of the
1079 emergency. If renewed, such order, proclamation, or rule must
1080 specifically state the provisions being renewed.
1081 (2) An emergency order or proclamation must be promptly
1082 disseminated by means calculated to bring its contents to the
1083 attention of the general public, and unless the circumstances
1084 attendant upon the emergency prevent or impede such filing, the
1085 order or proclamation must be filed promptly with the Governor,
1086 the Department of State, the President of the Senate, the
1087 Speaker of the House of Representatives, and the offices of the
1088 county commissioners in the counties to which the order or
1089 proclamation applies.
1090 (3)(a) At any time, the Legislature, by concurrent
1091 resolution, may terminate a state of emergency or any specific
1092 order, proclamation, or rule thereunder. Upon such concurrent
1093 resolution, the chief immigration officer shall issue an
1094 emergency order or proclamation consistent with the concurrent
1095 resolution.
1096 (b) Notwithstanding s. 252.46(2), all emergency
1097 declarations and orders, regardless of how titled, issued under
1098 the authority of this section by the chief immigration officer
1099 before, during, or after a declared emergency must be
1100 immediately filed with the Division of Administrative Hearings.
1101 Failure to file any such declaration or order with the division
1102 within 5 days after issuance voids the declaration or order. The
1103 division shall index all such declarations and orders and make
1104 them available in a searchable format on its website within 3
1105 days after filing. The searchable format must include, but is
1106 not limited to, searches by term, referenced statutes, and rules
1107 and must include a search category that specifically identifies
1108 emergency orders in effect at any given time. A link to the
1109 division’s index must be placed in a conspicuous location on the
1110 Department of Agriculture and Consumer Services’ website.
1111 (4) During a declared state of emergency for illegal
1112 immigration, illegal migration, or immigration enforcement, the
1113 chief immigration officer shall coordinate with and advise state
1114 and local law enforcement agencies for the purpose of securing
1115 compliance with this chapter.
1116 (5) The chief immigration officer, when deemed necessary to
1117 respond to immigration-related emergencies, shall request
1118 assistance from the Governor for the activation and deployment
1119 of Florida National Guard personnel and equipment.
1120 Section 37. Paragraph (d) of subsection (3) of section
1121 921.0022, Florida Statutes, is amended to read:
1122 921.0022 Criminal Punishment Code; offense severity ranking
1123 chart.—
1124 (3) OFFENSE SEVERITY RANKING CHART
1125 (d) LEVEL 4
1126
1127 FloridaStatute FelonyDegree Description
1128 104.155 3rd Unauthorized alien willfully voting; aiding or soliciting unauthorized alien in voting.
1129 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.
1130 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
1131 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
1132 517.07(1) 3rd Failure to register securities.
1133 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
1134 784.031 3rd Battery by strangulation.
1135 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
1136 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1137 784.075 3rd Battery on detention or commitment facility staff.
1138 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1139 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1140 784.081(3) 3rd Battery on specified official or employee.
1141 784.082(3) 3rd Battery by detained person on visitor or other detainee.
1142 784.083(3) 3rd Battery on code inspector.
1143 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1144 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1145 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1146 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1147 787.07 3rd Human smuggling.
1148 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1149 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1150 790.115(2)(c) 3rd Possessing firearm on school property.
1151 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
1152 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1153 806.135 2nd Destroying or demolishing a memorial or historic property.
1154 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1155 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1156 810.06 3rd Burglary; possession of tools.
1157 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1158 810.145(3)(b) 3rd Digital voyeurism dissemination.
1159 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1160 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
1161 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
1162 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.
1163 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1164 817.505(4)(a) 3rd Patient brokering.
1165 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1166 817.568(2)(a) 3rd Fraudulent use of personal identification information.
1167 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
1168 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
1169 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
1170 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1171 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
1172 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
1173 837.02(1) 3rd Perjury in official proceedings.
1174 837.021(1) 3rd Make contradictory statements in official proceedings.
1175 838.022 3rd Official misconduct.
1176 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1177 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
1178 843.021 3rd Possession of a concealed handcuff key by a person in custody.
1179 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1180 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
1181 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
1182 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
1183 870.01(3) 2nd Aggravated rioting.
1184 870.01(5) 2nd Aggravated inciting a riot.
1185 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
1186 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).
1187 914.14(2) 3rd Witnesses accepting bribes.
1188 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1189 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1190 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
1191 918.12 3rd Tampering with jurors.
1192 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1193 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
1194 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.
1195
1196 Section 38. Section 921.1426, Florida Statutes, is created
1197 to read:
1198 921.1426 Sentence of death for capital offense committed by
1199 an unauthorized alien.—Notwithstanding any provision of law to
1200 contrary, the court shall sentence a defendant who is
1201 unauthorized alien and who is convicted or adjudicated guilty of
1202 a capital felony to a sentence of death. For the purposes of
1203 this section, an “unauthorized alien” means a person who is
1204 unlawfully present in the United States according to the terms
1205 of the federal Immigration and Nationality Act, 8 U.S.C. ss.
1206 1101 et seq. The term shall be interpreted consistently with any
1207 applicable federal statutes, rules, or regulations.
1208 Section 39. Subsections (15) and (16) of section 943.03,
1209 Florida Statutes, are renumbered as subsections (16) and (17),
1210 respectively, subsection (14) is amended, and a new subsection
1211 (15) is added to that section, to read:
1212 943.03 Department of Law Enforcement.—
1213 (14) The department, with respect to counter-terrorism
1214 efforts, responses to acts of terrorism within or affecting this
1215 state, coordinating with and providing assistance to the Federal
1216 Government in the enforcement of federal immigration laws,
1217 responses to immigration enforcement incidents within or
1218 affecting this state, and other matters related to the domestic
1219 security of Florida as it relates to terrorism and immigration
1220 enforcement incidents, shall coordinate and direct the law
1221 enforcement, initial emergency, and other initial responses. The
1222 department shall work closely with the Division of Emergency
1223 Management, other federal, state, and local law enforcement
1224 agencies, fire and rescue agencies, first-responder agencies,
1225 and others involved in preparation against acts of terrorism in
1226 or affecting this state, immigration enforcement incidents
1227 within or affecting this state, and in the response to such acts
1228 or incidents. The executive director of the department, or
1229 another member of the department designated by the director,
1230 shall serve as Chief of Domestic Security for the purpose of
1231 directing and coordinating such efforts. The department and
1232 Chief of Domestic Security shall use the regional domestic
1233 security task forces as established in this chapter to assist in
1234 such efforts.
1235 (15) The department shall coordinate with the Office of
1236 State Immigration Enforcement within the Department of
1237 Agriculture and Consumer Services when providing assistance to
1238 the Federal Government in the enforcement of federal immigration
1239 laws.
1240 Section 40. Section 943.03101, Florida Statutes, is amended
1241 to read:
1242 943.03101 Counter-terrorism and immigration enforcement
1243 coordination.—The Legislature finds that with respect to
1244 counter-terrorism efforts and, initial responses to acts of
1245 terrorism within or affecting this state, coordinating with and
1246 providing assistance to the Federal Government in the
1247 enforcement of federal immigration laws, and responses to
1248 immigration enforcement incidents within or affecting this
1249 state, specialized efforts of emergency management which are
1250 unique to such situations are required and that these efforts
1251 intrinsically involve very close coordination of federal, state,
1252 and local law enforcement agencies with the efforts of all
1253 others involved in emergency-response efforts. In order to best
1254 provide this specialized effort, the Legislature has determined
1255 that such efforts should be coordinated by and through the
1256 Department of Law Enforcement, working closely with the Division
1257 of Emergency Management and others involved in preparation
1258 against acts of terrorism in or affecting this state,
1259 immigration enforcement incidents within or affecting this
1260 state, and in the initial response to such acts, in accordance
1261 with the state comprehensive emergency management plan prepared
1262 pursuant to s. 252.35(2)(a).
1263 Section 41. Subsections (3) through (8) of section
1264 943.0311, Florida Statutes, are renumbered as subsections (2)
1265 through (7), respectively, and subsection (1) and present
1266 subsections (2) and (4) of that section are amended to read:
1267 943.0311 Chief of Domestic Security; duties of the
1268 department with respect to domestic security.—
1269 (1) The executive director of the department, or a member
1270 of the department designated by the executive director, shall
1271 serve as the Chief of Domestic Security. The Chief of Domestic
1272 Security shall:
1273 (a) Coordinate the efforts of the department in the ongoing
1274 assessment of this state’s vulnerability to, and ability to
1275 detect, prevent, prepare for, respond to, and recover from, acts
1276 of terrorism within or affecting this state and immigration
1277 enforcement incidents within or affecting this state.
1278 (b) Prepare recommendations for the Governor, the President
1279 of the Senate, and the Speaker of the House of Representatives,
1280 which are based upon ongoing assessments to limit the
1281 vulnerability of the state to terrorism and immigration
1282 enforcement incidents.
1283 (c) Coordinate the collection of proposals to limit the
1284 vulnerability of the state to terrorism and immigration
1285 enforcement incidents.
1286 (d) Coordinate with the chief immigration officer within
1287 the Department of Agriculture and Consumer Services when
1288 providing assistance to the Federal Government in the
1289 enforcement of federal immigration laws.
1290 (e)(d) Use regional task forces to support the duties of
1291 the department set forth in this section.
1292 (f)(e) Use public or private resources to perform the
1293 duties assigned to the department under this section.
1294 (2) The chief shall regularly coordinate random audits
1295 pursuant to s. 448.095 to ensure compliance and enforcement and
1296 shall notify the Department of Commerce of any violations.
1297 (3)(4) The chief shall report to the Governor, the
1298 President of the Senate, and the Speaker of the House of
1299 Representatives by November 1 of each year suggestions for
1300 specific and significant security enhancements of any building,
1301 facility, or structure owned or leased by a state agency, state
1302 university, or community college or any entity that has
1303 conducted an assessment under subsection (5) (6). The chief may
1304 utilize the assessments provided under subsection (5) (6) in
1305 making his or her suggestions. The report shall suggest
1306 strategies to maximize federal funds in support of building or
1307 facility security if such funds are available.
1308 Section 42. Section 943.0312, Florida Statutes, is amended
1309 to read:
1310 943.0312 Regional domestic security task forces.—The
1311 Legislature finds that there is a need to develop and implement
1312 a statewide strategy to address prevention, preparation,
1313 protection, response, and recovery efforts by federal, state,
1314 and local law enforcement agencies, emergency management
1315 agencies, fire and rescue departments, first-responder
1316 personnel, and others in dealing with potential or actual
1317 terrorist acts within or affecting this state and potential or
1318 actual immigration enforcement incidents within or affecting
1319 this state.
1320 (1) To assist the department and the Chief of Domestic
1321 Security in performing their roles and duties in this regard,
1322 the department shall establish a regional domestic security task
1323 force in each of the department’s operational regions. The task
1324 forces shall serve in an advisory capacity to the department and
1325 the Chief of Domestic Security and shall provide support to the
1326 department in its performance of functions pertaining to
1327 domestic security.
1328 (a) Subject to annual appropriation, the department shall
1329 provide dedicated employees to support the function of each
1330 regional domestic security task force.
1331 (b) Each task force shall be co-chaired by the department’s
1332 special agent in charge of the operational region in which the
1333 task force is located and by a local sheriff or chief of police
1334 from within the operational region.
1335 (c) Each task force membership may also include
1336 representatives of state and local law enforcement agencies,
1337 fire and rescue departments, or first-responder personnel;
1338 representatives of emergency management agencies and health,
1339 medical, and hospital agencies; representatives of local
1340 emergency planning committees; and other persons as deemed
1341 appropriate and necessary by the task force co-chairs.
1342 (d) The co-chairs of each task force may appoint
1343 subcommittees and subcommittee chairs as necessary in order to
1344 address issues related to the various disciplines represented on
1345 the task force, except that subcommittee chairs for emergency
1346 management shall be appointed with the approval of the director
1347 of the Division of Emergency Management. A subcommittee chair
1348 shall serve at the pleasure of the co-chairs.
1349 (2) In accordance with the state’s domestic security
1350 strategic goals and objectives, each task force shall coordinate
1351 efforts to counter terrorism as defined by s. 775.30 and
1352 cooperate with and provide assistance to the Federal Government
1353 in the enforcement of federal immigration laws within or
1354 affecting this state in compliance with chapter 908, among
1355 local, state, and federal resources to ensure that such efforts
1356 are not fragmented or unnecessarily duplicated; coordinate
1357 training for local and state personnel to counter terrorism as
1358 defined in s. 775.30; and cooperate with and provide assistance
1359 to the Federal Government in the enforcement of federal
1360 immigration laws within or affecting this state in compliance
1361 with chapter 908; coordinate the collection and dissemination of
1362 investigative and intelligence information; and facilitate
1363 responses to terrorist incidents within or affecting each region
1364 and immigration enforcement incidents within or affecting each
1365 region. With the approval of the Chief of Domestic Security, the
1366 task forces may incorporate other objectives reasonably related
1367 to the goals of enhancing the state’s domestic security and
1368 ability to detect, prevent, and respond to acts of terrorism
1369 within or affecting this state or immigration enforcement
1370 incidents within or affecting this state. Each task force shall
1371 take into account the variety of conditions and resources
1372 present within its region.
1373 (3) The Chief of Domestic Security, in conjunction with the
1374 Division of Emergency Management, the regional domestic security
1375 task forces, and the various state entities responsible for
1376 establishing training standards applicable to state law
1377 enforcement officers and fire, emergency, and first-responder
1378 personnel shall identify appropriate equipment and training
1379 needs, curricula, and materials related to the effective
1380 response to suspected or actual acts of terrorism, immigration
1381 enforcement incidents, or incidents involving real or hoax
1382 weapons of mass destruction as defined in s. 790.166.
1383 Recommendations for funding for purchases of equipment, delivery
1384 of training, implementation of, or revision to basic or
1385 continued training required for state licensure or
1386 certification, or other related responses shall be made by the
1387 Chief of Domestic Security to the Domestic Security Oversight
1388 Council, the Executive Office of the Governor, the President of
1389 the Senate, and the Speaker of the House of Representatives as
1390 necessary to ensure that the needs of this state with regard to
1391 the preparing, equipping, training, and exercising of response
1392 personnel are identified and addressed. In making such
1393 recommendations, the Chief of Domestic Security and the Division
1394 of Emergency Management shall identify all funding sources that
1395 may be available to fund such efforts.
1396 (4) Each regional domestic security task force, working in
1397 conjunction with the department, the Office of the Attorney
1398 General, and other public or private entities, shall work to
1399 ensure that hate-driven acts against ethnic groups that may have
1400 been targeted as a result of acts of terrorism in or affecting
1401 this state, or as a result of immigration enforcement incidents
1402 within or affecting this state, are appropriately investigated
1403 and responded to.
1404 (5) Members of each regional domestic security task force
1405 may not receive any pay other than their salaries normally
1406 received from their employers, but are entitled to reimbursement
1407 for per diem and travel expenses in accordance with s. 112.061.
1408 (6) Subject to annual appropriation, the department shall
1409 provide staff and administrative support for the regional
1410 domestic security task forces.
1411 Section 43. Section 943.0313, Florida Statutes, is amended
1412 to read:
1413 943.0313 Domestic Security Oversight Council.—The
1414 Legislature finds that there exists a need to provide executive
1415 direction and leadership with respect to terrorism and
1416 immigration enforcement incident prevention, preparation,
1417 protection, response, and recovery efforts by state and local
1418 agencies in this state. In recognition of this need, the
1419 Domestic Security Oversight Council is hereby created. The
1420 council shall serve as an advisory council pursuant to s.
1421 20.03(7) to provide guidance to the state’s regional domestic
1422 security task forces and other domestic security working groups
1423 and to make recommendations to the Governor and the Legislature
1424 regarding the expenditure of funds and allocation of resources
1425 related to counter-terrorism and cooperating with and providing
1426 assistance to the Federal Government in the enforcement of
1427 federal immigration laws and domestic security efforts.
1428 (1) MEMBERSHIP.—
1429 (a) The Domestic Security Oversight Council shall consist
1430 of the following voting members:
1431 1. The executive director of the Department of Law
1432 Enforcement.
1433 2. The director of the Division of Emergency Management.
1434 3. The Attorney General.
1435 4. The Commissioner of Agriculture.
1436 5. The State Surgeon General.
1437 6. The Commissioner of Education.
1438 7. The State Fire Marshal.
1439 8. The adjutant general of the Florida National Guard.
1440 9. The state chief information officer.
1441 10. Each sheriff or chief of police who serves as a co
1442 chair of a regional domestic security task force pursuant to s.
1443 943.0312(1)(b).
1444 11. Each of the department’s special agents in charge who
1445 serve as a co-chair of a regional domestic security task force.
1446 12. Two representatives of the Florida Fire Chiefs
1447 Association.
1448 13. One representative of the Florida Police Chiefs
1449 Association.
1450 14. One representative of the Florida Prosecuting Attorneys
1451 Association.
1452 15. The chair of the Statewide Domestic Security
1453 Intelligence Committee.
1454 16. One representative of the Florida Hospital Association.
1455 17. One representative of the Emergency Medical Services
1456 Advisory Council.
1457 18. One representative of the Florida Emergency
1458 Preparedness Association.
1459 19. One representative of the Florida Seaport
1460 Transportation and Economic Development Council.
1461 (b) In addition to the members designated in paragraph (a),
1462 the council may invite other ex officio, nonvoting members to
1463 attend and participate in council meetings. Those nonvoting
1464 members may include, but need not be limited to:
1465 1. The executive director of the Department of Highway
1466 Safety and Motor Vehicles.
1467 2. The Secretary of Health Care Administration.
1468 3. The Secretary of Environmental Protection.
1469 4. The director of the Division of Law Enforcement within
1470 the Fish and Wildlife Conservation Commission.
1471 5. A representative of the Commission on Human Relations.
1472 6. A representative of the United States Coast Guard.
1473 7. A United States Attorney from a federal judicial circuit
1474 within this state.
1475 8. A special agent in charge from an office of the Federal
1476 Bureau of Investigation within this state.
1477 9. A representative of the United States Department of
1478 Homeland Security.
1479 10. A representative of United States Immigration and
1480 Customs Enforcement.
1481 11. A representative of United States Customs and Border
1482 Protection.
1483 (2) ORGANIZATION.—
1484 (a) The Legislature finds that the council serves a
1485 legitimate state, county, and municipal purpose and that service
1486 on the council is consistent with a member’s principal service
1487 in public office or employment. Membership on the council does
1488 not disqualify a member from holding any other public office or
1489 being employed by a public entity, except that a member of the
1490 Legislature may not serve on the council.
1491 (b) The executive director of the Department of Law
1492 Enforcement shall serve as chair of the council, and the
1493 director of the Division of Emergency Management shall serve as
1494 vice chair of the council. In the absence of the chair, the vice
1495 chair shall serve as chair. In the absence of the vice chair,
1496 the chair may name any member of the council to perform the
1497 duties of the chair if such substitution does not extend beyond
1498 a defined meeting, duty, or period of time.
1499 (c) Any absent voting member of the council may be
1500 represented by a designee empowered to act on any issue before
1501 the council to the same extent that the designating member is
1502 empowered. If a co-chair of a regional domestic security task
1503 force is absent from a council meeting, the co-chair shall
1504 appoint a subcommittee chair of that task force as the designee.
1505 (d) The council shall establish bylaws for its general
1506 governance.
1507 (e) Any member of the council serving by reason of the
1508 office or employment held by the member shall cease to serve on
1509 the council at such time as he or she ceases to hold the office
1510 or employment which was the basis for appointment to the
1511 council.
1512 (f) Representatives from agencies or organizations other
1513 than those designated by title shall be chosen by the entity.
1514 Except for those individuals designated by title, council
1515 members shall be certified annually to the chair by the
1516 organization they represent.
1517 (g) Members of the council or their designees shall serve
1518 without compensation but are entitled to reimbursement for per
1519 diem and travel expenses pursuant to s. 112.061.
1520 (h) The department shall provide the council with the staff
1521 support necessary to assist in the performance of its duties.
1522 (3) MEETINGS.—The council must meet at least semiannually.
1523 Additional meetings may be held as necessary. A majority of the
1524 members of the council constitutes a quorum.
1525 (4) EXECUTIVE COMMITTEE.—
1526 (a) The council shall establish an executive committee
1527 consisting of the following members:
1528 1. The executive director of the Department of Law
1529 Enforcement.
1530 2. The director of the Division of Emergency Management.
1531 3. The Attorney General.
1532 4. The Commissioner of Agriculture.
1533 5. The State Surgeon General.
1534 6. The Commissioner of Education.
1535 7. The State Fire Marshal.
1536 (b) The executive director of the Department of Law
1537 Enforcement shall serve as the chair of the executive committee,
1538 and the director of the Division of Emergency Management shall
1539 serve as the vice chair of the executive committee.
1540 (c) The executive committee shall approve all matters
1541 brought before the council prior to consideration. When
1542 expedited action of the council is deemed necessary by the chair
1543 or vice chair, the executive committee may act on behalf of the
1544 council.
1545 (5) DUTIES OF THE COUNCIL.—
1546 (a) The Domestic Security Oversight Council shall serve as
1547 an advisory council to the Governor, the Legislature, and the
1548 Chief of Domestic Security. The council shall:
1549 1. Review the development, maintenance, and operation of a
1550 comprehensive multidisciplinary domestic security strategy that
1551 will guide the state’s prevention, preparedness, protection,
1552 response, and recovery efforts against terrorist attacks and
1553 immigration enforcement incidents and make appropriate
1554 recommendations to ensure the implementation of that strategy.
1555 2. Review the development of integrated funding plans to
1556 support specific projects, goals, and objectives necessary to
1557 the state’s domestic security strategy and make appropriate
1558 recommendations to implement those plans.
1559 3. Review and recommend approval of prioritized
1560 recommendations from regional domestic security task forces and
1561 state working groups on the use of available funding to ensure
1562 the use of such funds in a manner that best promotes the goals
1563 of statewide, regional, and local domestic security through
1564 coordinated planning and implementation strategies.
1565 4. Review and recommend approval of statewide policies and
1566 operational protocols that support the domestic security efforts
1567 of the regional domestic security task forces and state
1568 agencies.
1569 5. Review the overall statewide effectiveness of domestic
1570 security efforts and, counter-terrorism efforts, and efforts of
1571 coordinating with and providing assistance to the Federal
1572 Government in the enforcement of federal immigration laws in
1573 order to provide suggestions to improve or enhance those
1574 efforts.
1575 6. Review the efforts of any agency or entity involved in
1576 state or local domestic security efforts and, counter-terrorism
1577 efforts, and efforts of coordination with and providing
1578 assistance to the Federal Government in the enforcement of
1579 federal immigration laws that requests assistance or that
1580 appears to need such review in order to provide suggestions to
1581 improve or enhance those efforts.
1582 7. Review efforts within the state to better secure state
1583 and local infrastructure against terrorist attack or immigration
1584 enforcement incidents and make recommendations to enhance the
1585 effectiveness of such efforts.
1586 8. Review and recommend legislative initiatives related to
1587 the state’s domestic security and provide endorsement or
1588 recommendations to enhance the effectiveness of such efforts.
1589 9. Review statewide or multiagency mobilizations and
1590 responses to major domestic security incidents and recommend
1591 suggestions for training, improvement of response efforts, or
1592 improvement of coordination or for other strategies that may be
1593 derived as necessary from such reviews.
1594 10. Conduct any additional review or inquiry or make
1595 recommendations to the Governor and Legislature in support of
1596 other initiatives, as may be necessary, to fulfill the function
1597 of general oversight of the state’s domestic security efforts
1598 and, counter-terrorism efforts, and efforts of coordinating with
1599 and providing assistance to the Federal Government in the
1600 enforcement of federal immigration laws and to promote increased
1601 security.
1602 11. Promote and preserve intergovernmental cooperation and
1603 consensus among state and local agencies, the Federal
1604 Government, private entities, other states, and other nations,
1605 as appropriate, under the guidance of the Governor.
1606 (b) The Domestic Security Oversight Council shall make an
1607 annual funding recommendation to the Governor and Legislature
1608 which shall prioritize funding requests based on allocations
1609 from all available sources for implementing the state’s domestic
1610 security strategy. This recommendation must include the
1611 prioritized recommendations of each of the regional domestic
1612 security task forces and the various working groups that
1613 participate in the prioritization process for funding
1614 allocations. The recommendation must reflect the consideration
1615 of strategic priorities and allocations that best serve the
1616 state’s overall domestic security needs. The recommendation
1617 shall be transmitted to the Governor and the Legislature by
1618 December 31 of each year. If additional funds become available,
1619 or reallocation of funding is required beyond current spending
1620 authorizations, the council may make recommendations to the
1621 Governor for consideration by the Legislative Budget Commission.
1622 (6) REPORTS.—The council shall report annually on its
1623 activities, on or before December 31 of each calendar year, to
1624 the Governor, the President of the Senate, the Speaker of the
1625 House of Representatives, and the chairs of the committees
1626 having principal jurisdiction over domestic security in the
1627 Senate and the House of Representatives.
1628 (7) AGENCY DESIGNATION.—For purposes of this section, the
1629 Domestic Security Oversight Council shall be considered a
1630 criminal justice agency within the definition of s. 119.011(4).
1631 Section 44. Effective July 1, 2025, paragraph (a) of
1632 subsection (12) of section 1009.26, Florida Statutes, is amended
1633 to read:
1634 1009.26 Fee waivers.—
1635 (12)(a) A state university, a Florida College System
1636 institution, a career center operated by a school district under
1637 s. 1001.44, or a charter technical career center shall waive
1638 out-of-state fees for students who are citizens of the United
1639 States or lawfully present in the United States, including, but
1640 not limited to, students who are undocumented for federal
1641 immigration purposes, who meet the following conditions:
1642 1. Attended a secondary school in this state for 3
1643 consecutive years immediately before graduating from a high
1644 school in this state;
1645 2. Apply for enrollment in an institution of higher
1646 education within 24 months after high school graduation; and
1647 3. Submit an official Florida high school transcript as
1648 evidence of attendance and graduation.
1649 Section 45. Students receiving a fee waiver pursuant to s.
1650 1009.26(12), Florida Statutes, must be reevaluated for
1651 eligibility beginning July 1, 2025.
1652 Section 46. (1) Any interagency agreement, memorandum of
1653 understanding, or contract existing before the effective date of
1654 this act between the Department of Law Enforcement and any other
1655 agency related to the coordination or enforcement of federal
1656 immigration laws shall continue as an agreement, memorandum, or
1657 contract for the remainder of its term with the Department of
1658 Agriculture and Consumer Services replacing the Department of
1659 Law Enforcement as a party.
1660 (2) Any administrative rules promulgated by the Department
1661 of Law Enforcement related to coordination with the Federal
1662 Government regarding federal immigration laws or the enforcement
1663 of federal immigration laws are transferred to the Department of
1664 Agriculture and Consumer Services.
1665 Section 47. (1) The Office of State Immigration Enforcement
1666 within the Division of Law Enforcement under the Department of
1667 Agriculture and Consumer Services is authorized, and all
1668 conditions are deemed met, to adopt emergency rules pursuant to
1669 s. 120.54(4), Florida Statutes, to implement the creation by
1670 this act of ss. 19.56, 908.1031, and 908.1042, Florida Statutes.
1671 Notwithstanding any other law, emergency rules adopted pursuant
1672 to this subsection are effective for 6 months after adoption and
1673 may be renewed during the pendency of procedures to adopt
1674 permanent rules addressing the subject of the emergency rules.
1675 (2) This section expires July 1, 2026.
1676 Section 48. The Legislature finds that the state’s criminal
1677 justice training centers as well as facilities of the Department
1678 of Military Affairs, such as the Camp Blanding Joint Training
1679 Center, are highly qualified and critical strategic, year-round
1680 assets for training. The Legislature has made significant
1681 investments to make the Camp Blanding Joint Training Center the
1682 premier facility in the Southeast. In order to support the
1683 anticipated training and operations involving multiple federal,
1684 state, and local agencies, and given the scale and value of this
1685 state’s assets, the Department of Military Affairs and local law
1686 enforcement shall work with the Office of State Immigration
1687 Enforcement within the Department of Agriculture and Consumer
1688 Services to ensure that the state’s federal partners can access
1689 and use the state’s physical assets in order to further the
1690 nation’s mission to address illegal immigration. Such activities
1691 include outreach to federal partners as well as entering into
1692 agreements for the use of such facilities.
1693 Section 49. Section 1 of chapter 2023-3, Laws of Florida,
1694 is amended to read:
1695 Section 1. (1) As used in this section, the term
1696 “inspected unauthorized alien” means an individual who has
1697 documentation from the United States Government indicating that
1698 the United States Government processed and released him or her
1699 into the United States without admitting the individual in
1700 accordance with the federal Immigration and Nationality Act, 8
1701 U.S.C. ss. 1101 et seq. The term must be interpreted
1702 consistently with any applicable federal statutes, rules, or
1703 regulations.
1704 (2) The Legislature finds that the Federal Government has
1705 failed to secure the nation’s borders and has allowed a surge of
1706 inspected unauthorized aliens to enter the United States. In
1707 January 2023, the Governor issued Executive Order 23-03,
1708 directing state law enforcement agencies and other state
1709 agencies to take necessary actions to protect Floridians from
1710 the impacts of the border crisis. Without such action,
1711 detrimental effects may be experienced in Florida, including
1712 increased crime, diminished economic opportunities and wages for
1713 American workers, and burdens on the education and health care
1714 systems. The Legislature finds that the Federal Government has
1715 proven itself unwilling to address this crisis.
1716 (3) To mitigate the effects of this crisis on the State of
1717 Florida, the Unauthorized Alien Transport Program is created
1718 within the Division of Law Enforcement under the Department of
1719 Agriculture and Consumer Services Emergency Management within
1720 the Executive Office of the Governor for the purpose of
1721 facilitating the transport of inspected unauthorized aliens
1722 within the United States, consistent with federal law.
1723 Notwithstanding s. 287.057, Florida Statutes, the division is
1724 authorized to contract for services to implement the program.
1725 (4) The division shall evaluate the effectiveness and value
1726 of the program in assisting coordination with the Federal
1727 Government and recommend to the Legislature by March 15, 2025,
1728 to make no changes or to continue or modify the program.
1729 (5)(4) The division may adopt rules to implement the
1730 program.
1731 (6)(5) This section expires June 30, 2025.
1732 Section 50. Notwithstanding s. 252.36, Florida Statutes,
1733 Executive Order 23-03, renewed by executive orders 23-49, 23-88,
1734 23-134, 23-213, 23-245, 24-35, 24-74, 24-118, 24-173, 24-220,
1735 and 24-269, may not be renewed. Once the state of emergency
1736 expires, or but for early termination would have expired, the
1737 Governor may not issue a subsequent state of emergency with
1738 respect to the same or substantially similar issue or
1739 circumstances.
1740 Section 51. (1) For the 2024-2025 fiscal year, the sums of
1741 $20,562,630 in recurring funds and $484,467,609 in nonrecurring
1742 funds are appropriated from the General Revenue Fund to the
1743 Department of Agriculture and Consumer Services to implement
1744 this act.
1745 (2) From the recurring general revenue funds, $898,592
1746 shall be allocated to the Executive Direction and Support
1747 Services budget entity in specific appropriations categories:
1748 $852,500 in Salaries and Benefits, $43,631 in Expenses, and
1749 $2,461 in Transfer to the Department of Management
1750 Services/Statewide Human Resources Contract, and $19,664,038
1751 shall be allocated to the Division of Law Enforcement/Office of
1752 State Immigration Enforcement in specific appropriations
1753 categories: $13,827,050 in Salaries and Benefits, $3,694,073 in
1754 Expenses, $15,000 in Operating Capital Outlay, $2 million in
1755 Contracted Services, $49,915 in Transfer to the Department of
1756 Management Services/Statewide Human Resources Contract, and
1757 $78,000 in Salary Incentive Payments. These funds shall be
1758 released immediately upon this act becoming a law.
1759 (3) From the nonrecurring general revenue funds, $38,017
1760 shall be allocated to the Executive Direction and Support
1761 Services budget entity in the expense category, and $9,429,592
1762 shall be allocated to the Division of Law Enforcement/Office of
1763 State Immigration Enforcement in specific appropriations
1764 categories: $1,515,114 in Expenses, $478,850 in Operating
1765 Capital Outlay, $6,402,468 in Acquisition of Motor Vehicles,
1766 $533,160 in Acquisition of Boats, Motors, and Trailers, and
1767 $500,000 in Contracted Services. These funds shall be released
1768 immediately upon this act becoming a law. The unexpended balance
1769 of nonrecurring general revenue funds appropriated to the
1770 Division of Law Enforcement/Office of State Immigration
1771 Enforcement remaining on June 30, 2025, shall revert and is
1772 appropriated to the Division of Law Enforcement/Office of State
1773 Immigration Enforcement for Fiscal Year 2025-2026 for the same
1774 purpose.
1775 (4) The Department of Agriculture and Consumer Services is
1776 authorized to establish 142.00 full-time equivalent positions
1777 with associated salary rate of 8,584,000 in the Division of Law
1778 Enforcement/Office of State Immigration Enforcement for the
1779 purpose of implementing this act. The following specific
1780 positions, classifications, and pay plans are authorized: one
1781 Law Enforcement Major, class code 8630, pay plan 01; one Law
1782 Enforcement Captain, class code 8630, pay plan 01; four Law
1783 Enforcement Lieutenants, class code 8522, pay plan 01; 44 Law
1784 Enforcement Officers, class code 8515, pay plan 01; four
1785 Investigation Supervisor-SES, class code 8354, pay plan 08; 46
1786 Investigation Specialist II, class code 8318, pay plan 01; two
1787 Training Consultant III, class code 6004, pay plan 01; 20
1788 Regulatory Specialist III, class code 0444, pay plan 01; one
1789 chief of general operations, class code 9328, pay plan 08; three
1790 senior attorneys, class code 7738, pay plan 08; and 16
1791 government operations consultants, class code 2238, pay plan 01.
1792 (5) The Department of Agriculture and Consumer Services is
1793 authorized to establish 7.00 full-time equivalent positions with
1794 associated salary rate of 550,000 in the Executive Direction and
1795 Support Services budget entity for the purpose of implementing
1796 this act. The following specific positions, classifications, and
1797 pay plans are authorized: two Senior Attorneys, class code 7738,
1798 pay plan 08; three Government Analyst II, class code 2225, pay
1799 plan 01; one Purchasing Analyst, class code 0830, pay plan 01;
1800 and one Human Resource Specialist, class code 0190, pay plan 01.
1801 (6) From the nonrecurring general revenue funds, $100
1802 million shall be allocated to specific appropriation special
1803 category Local Law Enforcement Immigration Grant Program in the
1804 Division of Law Enforcement/Office of State Immigration
1805 Enforcement to implement the Local Law Enforcement Immigration
1806 Grant Program. The amount of $3.75 million shall be released
1807 immediately upon this act becoming a law. The division/office
1808 shall use these funds for administrative costs associated with
1809 developing and implementing the grant program. The
1810 division/office shall develop an implementation plan, including
1811 procedures, administration, and criteria for approving grant
1812 applications. The implementation plan shall be submitted to the
1813 President of the Senate and the Speaker of the House of
1814 Representatives no later than March 1, 2025. Upon approval of
1815 the implementation plan by the President of the Senate and the
1816 Speaker of the House of Representatives, the Chief Financial
1817 Officer shall immediately release the balance of funds to the
1818 division/office.
1819 (7) From the nonrecurring general revenue funds, $25
1820 million shall be allocated to specific appropriation special
1821 category Local Law Enforcement Federal Participation Incentive
1822 Program in the Division of Law Enforcement/Office of State
1823 Immigration Enforcement to implement the Local Law Enforcement
1824 Federal Participation Incentive Program. The funds shall be
1825 released to the division immediately upon this act becoming a
1826 law.
1827 (8) From the nonrecurring general revenue funds, $350
1828 million shall be allocated to specific appropriation special
1829 category Implementation and Support for Enforcement of Federal
1830 Immigration Policies in the Division of Law Enforcement/Office
1831 of State Immigration Enforcement to implement specific
1832 recommendations from the division/office for use of the funds,
1833 which may include funds to support federal access to training
1834 facilities in this state; grants to local law enforcement to
1835 retain existing law enforcement officers or attract new
1836 officers; and grants to pay costs incurred by local law
1837 enforcement that were necessary for the full support and
1838 coordination with the Federal Government in the implementation
1839 and enforcement of federal immigration policies, including
1840 training activities related to the federal program established
1841 under s. 287(g) of the Immigration and Nationality Act, 8 U.S.C.
1842 s. 1357. The division/office shall develop a report of the
1843 recommendations including allocations of applicable costs and
1844 implementation plans. The report shall be submitted to the
1845 President of the Senate and the Speaker of the House of
1846 Representatives by March 15, 2025. Upon approval of the report
1847 by concurrent resolution of the Legislature, the Chief Financial
1848 Officer shall immediately release funds to the division/office
1849 consistent with the recommendations approved from the report.
1850 Section 52. The unexpended balance of funds provided in
1851 section 229, chapter 2024-231, Laws of Florida, to the Executive
1852 Office of the Governor, Division of Emergency Management shall
1853 immediately revert. For the 2024-2025 fiscal year, the
1854 nonrecurring sum of $10 million from the General Revenue Fund is
1855 appropriated to the Division of Law Enforcement within the
1856 Department of Agriculture and Consumer Services for the
1857 Unauthorized Alien Transport Program as amended by this act. The
1858 funds shall be released to the division immediately upon this
1859 act becoming a law.
1860 Section 53. Except as otherwise provided in this act, this
1861 act shall take effect upon becoming a law.
1862
1863 ================= T I T L E A M E N D M E N T ================
1864 And the title is amended as follows:
1865 Delete everything before the enacting clause
1866 and insert:
1867 A bill to be entitled
1868 An act relating to immigration; providing a short
1869 title; amending s. 14.23, F.S.; providing that the
1870 Commissioner of Agriculture is the only person
1871 responsible for serving as liaison between certain
1872 entities regarding federal immigration laws;
1873 authorizing the Commissioner of Agriculture to appoint
1874 an employee to serve in a specific capacity; creating
1875 s. 19.55, F.S.; providing that the Commissioner of
1876 Agriculture is the chief immigration officer;
1877 providing responsibilities for such position; creating
1878 s. 19.56, F.S.; creating the Local Law Enforcement
1879 Immigration Grant Program within the Office of State
1880 Immigration Enforcement within the Division of Law
1881 Enforcement under the Department of Agriculture and
1882 Consumer Services for specified purposes; providing
1883 the process for awarding grants; prohibiting grants
1884 from being awarded for certain activities; requiring
1885 the office to adopt rules; creating s. 19.57, F.S.;
1886 creating the Local Law Enforcement Federal
1887 Participation Incentive Program within the Office of
1888 State Immigration Enforcement within the Division of
1889 Law Enforcement under the Department of Agriculture
1890 and Consumer Services for specified purposes;
1891 requiring the office to prescribe the procedure and
1892 application for the program and distribution of bonus
1893 payments; prohibiting awards from being made for
1894 certain activities; providing the process for awarding
1895 bonus payments; requiring the office to adopt rules;
1896 amending s. 20.14, F.S.; revising the division
1897 structure within the Department of Agriculture and
1898 Consumer Services; authorizing the department to
1899 establish certain offices; creating s. 104.155, F.S.;
1900 providing criminal penalties for certain persons who
1901 vote in an election; prohibiting certain defenses from
1902 being raised; providing criminal penalties for a
1903 person who takes certain actions with specified
1904 knowledge; amending s. 252.36, F.S.; providing
1905 construction; amending s. 288.061, F.S.; requiring the
1906 Department of Commerce to take specified actions when
1907 notified of noncompliance with specified economic
1908 development incentive application requirements;
1909 amending ss. 319.001 and 320.01, F.S.; defining the
1910 term “valid passport”; amending s. 322.02, F.S.;
1911 providing legislative intent; amending s. 322.033,
1912 F.S.; providing legislative intent; specifying that
1913 certain driver licenses issued by other states
1914 exclusively to unauthorized aliens are invalid in this
1915 state and do not authorize the holder to operate motor
1916 vehicles in this state; amending s. 322.08, F.S.;
1917 revising the types of documents that may be used as
1918 proof of identity for application for certain
1919 licenses; amending s. 322.121, F.S.; revising the
1920 exceptions to the prohibitions on a person being
1921 identified as a “Safe Driver”; revising the time
1922 period for making certain notifications to the
1923 department in order to be identified as a “Safe
1924 Driver”; amending s. 322.19, F.S.; requiring a person
1925 who has become a citizen of the United States to
1926 obtain specified replacement documents within a
1927 certain time; amending s. 395.3027, F.S.; revising
1928 reporting requirements related to patient immigration
1929 status; amending s. 448.09, F.S.; conforming
1930 provisions to changes made by the act; amending s.
1931 448.095, F.S.; revising the entities responsible for
1932 enforcing provisions relating to employment
1933 eligibility; revising the trust fund into which
1934 certain funds are deposited; amending s. 480.0535,
1935 F.S.; expanding the parties required to receive a
1936 certain notice related to massage establishments;
1937 amending s. 775.0824, F.S; providing legislative
1938 intent; defining terms; providing sentencing
1939 requirements for dangerous unauthorized alien
1940 offenders; providing construction; amending s.
1941 775.0848, F.S.; expanding the classification of crimes
1942 that may be reclassified in certain circumstances;
1943 amending s. 874.03, F.S.; revising the definition of
1944 the term “criminal gang”; defining the term
1945 “translational crime organization”; amending s.
1946 895.02, F.S.; revising the definition of the term
1947 “racketeering activity”; amending s. 903.046, F.S.;
1948 expanding the criteria the court must consider when
1949 making bail determinations; amending s. 907.041, F.S.;
1950 expanding circumstances a pretrial release service
1951 must certify to the court; expanding the information
1952 required to be reported to a state attorney after an
1953 arrest; amending s. 908.101, F.S.; providing
1954 additional legislative findings; amending s. 908.102,
1955 F.S.; defining the terms “chief immigration officer”
1956 and “office”; creating s. 908.1031, F.S.; creating the
1957 Office of State Immigration Enforcement within the
1958 Division of Law Enforcement under the Department of
1959 Agriculture and Consumer Services for specified
1960 purposes; requiring the office to employ certain
1961 personnel; providing powers, duties, and
1962 qualifications for such personnel; providing certain
1963 authority and powers of such personnel; providing
1964 reporting requirements; providing that the office
1965 serves a specified purpose; authorizing the office to
1966 adopt rules; amending s. 908.104, F.S.; requiring
1967 specified parties to provide certain information to a
1968 federal immigration agency; expanding the criteria for
1969 receiving a certain exemption; revising applicability;
1970 creating s. 908.1041, F.S.; requiring cooperation and
1971 coordination between specified entities in the
1972 enforcement of immigration laws; requiring the
1973 approval of the state immigration officer for certain
1974 actions related to agreements or contracts; creating
1975 s. 908.1042, F.S.; creating the State Immigration
1976 Enforcement Council; providing the purpose,
1977 membership, compensation, staff, meetings, and duties
1978 of the council; authorizing the Office of State
1979 Immigration Enforcement to adopt rules; amending s.
1980 908.105, F.S.; requiring law enforcement agencies that
1981 have custody of specified persons to notify the state
1982 attorney; requiring the chief immigration officer to
1983 initiate judicial proceedings in the name of the state
1984 under specified circumstances; requiring a court, upon
1985 a certain finding, to declare invalid specified
1986 ordinances, regulations, rules, or policies and issue
1987 a permanent injunction; prohibiting a certain defense
1988 from being raised; requiring the court to issue a fine
1989 if it makes a certain determination; prohibiting the
1990 use of public funds under certain circumstances;
1991 providing an exception; conforming a cross-reference;
1992 amending s. 908.107, F.S.; authorizing the chief
1993 immigration officer to present certain evidence to the
1994 Governor and make certain recommendations and to file
1995 suit against certain entities and agencies for a
1996 specified purpose; amending s. 908.11, F.S.; revising
1997 the entities required to enter into certain agreements
1998 with the United States Immigration and Customs
1999 Enforcement; requiring that entities that do not enter
2000 into such agreements by a specified date take certain
2001 actions; creating s. 908.13, F.S.; providing
2002 construction; authorizing the chief immigration
2003 officer to issue a state of emergency in specified
2004 circumstances; authorizing the issuance, amendment,
2005 and renewal of certain orders, proclamations, and
2006 rules that meet certain conditions; requiring
2007 emergency orders to be disseminated in a specified
2008 manner; requiring such orders be filed with specified
2009 parties; providing an exception; authorizing the
2010 Legislature to take certain actions relating to a
2011 state of emergency declared by the chief immigration
2012 officer; requiring the chief immigration officer to
2013 issue a certain order in specified circumstances;
2014 requiring that certain declarations and orders be
2015 filed in a specified manner with the Division of
2016 Administrative Hearings; requiring the division to
2017 make all such declarations and orders available in a
2018 searchable format; requiring a certain link be placed
2019 on the Department of Agriculture and Consumer Services
2020 website; requiring the chief immigration officer to
2021 take certain actions during a specified state of
2022 emergency; requiring the chief immigration officer to
2023 request certain assistance during specified states of
2024 emergency; amending s. 921.0022, F.S.; ranking an
2025 offense created by the act on the offense severity
2026 ranking chart of the Criminal Punishment Code;
2027 creating s. 921.1426, F.S.; requiring a court to
2028 sentence unauthorized aliens convicted of specified
2029 crimes to death; defining the term “unauthorized
2030 alien”; amending s. 943.03, F.S.; requiring the
2031 Department of Law Enforcement to coordinate with the
2032 chief immigration officer for a certain purpose;
2033 amending s. 943.03101, F.S.; conforming provisions to
2034 changes made by the act; amending s. 943.0311, F.S.;
2035 requiring the Chief of Domestic Security to coordinate
2036 with the chief immigration officer for a certain
2037 purpose; amending ss. 943.0312 and 943.0313, F.S.;
2038 conforming provisions to changes made by the act;
2039 amending s. 1009.26, F.S.; revising eligibility for
2040 certain fee waivers; requiring that students receiving
2041 such a waiver be reevaluated for eligibility beginning
2042 on a certain date; requiring that certain agreements
2043 and contracts replace one party with a specified
2044 entity; requiring the transfer of certain rules;
2045 authorizing the Office of State Immigration
2046 Enforcement to adopt emergency rules; providing
2047 requirements for such rules; providing legislative
2048 findings; requiring the Department of Military Affairs
2049 and local law enforcement to work with the Office of
2050 State Immigration Enforcement for a specified purpose;
2051 amending chapter 2023-3, Laws of Florida; conforming
2052 provisions to changes made by the act; requiring the
2053 Division of Law Enforcement to evaluate a specified
2054 program and make recommendations by a certain date;
2055 prohibiting the renewal or issuance of certain
2056 executive orders; providing appropriations;
2057 authorizing the establishment of certain positions;
2058 requiring the reversion of the unexpended balance of
2059 certain funds; providing for immediate release of
2060 specified funds; providing effective dates.
2061
2062 WHEREAS, the United States has long welcomed immigrants to
2063 this country, and
2064 WHEREAS, federal law provides many pathways for immigrants
2065 to become permanent lawful residents and citizens of the United
2066 States and to enter the country temporarily for work, education,
2067 and tourism, and
2068 WHEREAS, the state welcomes lawful immigrants who love
2069 freedom, recognize the equality and intrinsic value and worth of
2070 all individuals, wish to follow the law, and who seek to
2071 contribute to our state’s peace, security, cultural vibrancy,
2072 and prosperity, and
2073 WHEREAS, the previous federal administration substantially
2074 ignored its duties under federal law to deter and prevent
2075 illegal immigration and remove illegal immigrants, and
2076 WHEREAS, representatives of the previous federal
2077 administration repeatedly claimed the “border is secure,”
2078 despite the fact that millions of immigrants entered the United
2079 States illegally, outside of designated border crossings, and
2080 WHEREAS, illegal immigrants caught crossing the southwest
2081 border illegally included dangerous criminals on the terrorist
2082 watch list, some of whom were released into the United States by
2083 the previous federal administration, and
2084 WHEREAS, the open border policies of the previous federal
2085 administration have allowed drug cartels to smuggle massive
2086 amounts of illegal drugs, including fentanyl, across the border
2087 and into American communities, causing loss of American lives
2088 and dangerous, deadly situations for first responders, and
2089 WHEREAS, SM 1020 (2024) urged the federal government to
2090 designate drug cartels as foreign terrorist organizations, and
2091 WHEREAS, President Trump, in his executive order
2092 Designating Cartels and Other Organizations as Foreign Terrorist
2093 Organizations and Specially Designated Global Terrorists,
2094 implemented a policy to ensure the total elimination of these
2095 organizations’ presence in the United States and their ability
2096 to threaten the territory, safety, and security of our country,
2097 and
2098 WHEREAS, instead of deterring and preventing illegal
2099 immigration, the previous federal administration and sanctuary
2100 jurisdictions invited, administered, and oversaw an
2101 unprecedented flood of illegal immigration into the United
2102 States, encouraging people to illegally cross the border,
2103 putting themselves in danger as well as allowing dangerous
2104 individuals to enter and commit crimes across the country at a
2105 high cost to the American people, and
2106 WHEREAS, the previous federal administration and sanctuary
2107 jurisdictions, through their actions incentivizing illegal entry
2108 into our county, caused great financial harm to the nation and
2109 communities, and
2110 WHEREAS, in response to the border crisis caused by the
2111 previous federal administration, the Florida Legislature passed
2112 enhanced state laws to combat illegal immigration, making
2113 Florida a national leader in fighting illegal immigration, and
2114 WHEREAS, SB 168 (2019) prohibited a state entity, local
2115 governmental entity, or law enforcement agency from having a
2116 sanctuary policy, and
2117 WHEREAS, SB 168 (2019) required a county correctional
2118 facility to enter into an agreement with a federal immigration
2119 agency for the payment of costs associated with housing and
2120 detaining defendants, and
2121 WHEREAS, SB 1718 (2023) helped to protect citizens from the
2122 financial costs of illegal immigration, competition in the labor
2123 force from illegal immigrants who drive down wages for citizens,
2124 and security risks created by some illegal immigrants and gangs
2125 of criminal illegal immigrants, and
2126 WHEREAS, SB 1718 (2023) increased criminal penalties for
2127 human-smuggling of children and persons the offender knew to
2128 have unlawfully entered the United States, and
2129 WHEREAS, SB 1718 (2023) required widespread use of E-Verify
2130 to deny employment to illegal immigrants who are not authorized
2131 to work in this country, and
2132 WHEREAS, SB 1718 (2023) increased penalties for using false
2133 identification documents to obtain employment, and
2134 WHEREAS, SB 1718 (2023) declared as invalid driver licenses
2135 issued by other states that did not require proof of lawful
2136 presence in the United States, and
2137 WHEREAS, SB 1718 (2023) required persons in the custody of
2138 a law enforcement agency and subject to an immigration detainer
2139 to submit a DNA sample, and
2140 WHEREAS, SB 1718 (2023) required the reporting of data to
2141 aid in the estimation of the cost of health care provided to
2142 illegal immigrants, and
2143 WHEREAS, HB 1589 (2024) increased the criminal penalties
2144 for repeated offenses of driving without a valid driver license,
2145 and
2146 WHEREAS, SB 1036 (2024) increased criminal penalties when
2147 people convicted of illegal reentry commit a felony or commit a
2148 crime that furthers the interests of a transnational crime
2149 organization, and
2150 WHEREAS, HB 1451 (2024) and SB 1718 (2023) prohibited
2151 counties and municipalities from funding and accepting
2152 identification cards knowingly issued by organizations to
2153 individuals not lawfully present in the United States, and
2154 WHEREAS, uninsured drivers increase the cost of auto
2155 insurance and a national survey indicated half of adult illegal
2156 immigrants drive without auto insurance, and
2157 WHEREAS, the Department of Corrections estimated the cost
2158 to house 4,653 illegal immigrant inmates in 2023 exceeded $143
2159 million, and
2160 WHEREAS, according to the Department of Education, for the
2161 2022-2023 school year, there were 152,437 immigrant children
2162 enrolled in the public schools at a cost of approximately $8,000
2163 per student, and
2164 WHEREAS, President Trump, within his first hours of office,
2165 issued several executive orders to protect American citizens and
2166 interests and secure the nation’s borders, and
2167 WHEREAS, the President of the United States has the
2168 authority under the Immigration and Nationality Act, as well as
2169 inherent authority under Article II of the Constitution, to
2170 prevent the physical entry of illegal aliens into the United
2171 States across the southern border, and
2172 WHEREAS, President Trump declared the existence of a
2173 national emergency at the southern border of the United States
2174 and has declared his intent to take every lawful action at his
2175 disposal to address the crisis and take back control from the
2176 previous federal administration’s abdication of its
2177 responsibility to enforce the border, and
2178 WHEREAS, President Trump stated the policy of the United
2179 States is to secure the borders, and ordered the border be
2180 secured through various means, including federal-state
2181 partnerships with local law enforcement agencies to enforce
2182 federal immigration priorities, detaining and removing aliens
2183 apprehended for violations of immigration law, and ending the
2184 “catch-and-release” practices of previous administrations, and
2185 WHEREAS, President Trump declared the new national
2186 direction for federal agencies to take all appropriate action to
2187 protect the public safety and national security interests of the
2188 American people by ensuring the successful enforcement of
2189 federal laws, including order of removal and stopping illegal
2190 entry, and
2191 WHEREAS, President Trump has indicated his guarantee the
2192 federal government will take all appropriate steps to protect
2193 the American public against the invasion of unknown persons
2194 attempting to illegally enter the United States, and
2195 WHEREAS, President Trump has ordered the federal laws
2196 related to the process of entry of migrants to be enforced,
2197 instead of ignored or side-stepped as in the previous
2198 administration, and such vigilant security and stringent
2199 verification will protect Americans and identify criminals or
2200 those intending harm before they ever are admitted or enter the
2201 United States, and
2202 WHEREAS, on January 21, 2025, the new acting commandant of
2203 the United States Coast Guard directed operational commanders to
2204 immediately surge assets, including cutters, aircraft, boats,
2205 and specialized forces, to areas around this state to prevent a
2206 maritime mass migration from Haiti or Cuba and to detect and
2207 deter drug smuggling, and
2208 WHEREAS, President Trump has suspended the U.S. Refugee
2209 Admissions Program to provide relief to small cities and towns
2210 which have seen significant influxes of migrants, and because
2211 American communities lack the ability to absorb large numbers of
2212 migrants, and in particular, refugees, in a manner that does not
2213 compromise the availability of resources for Americans, that
2214 protects American safety and security, and that ensures the
2215 appropriate assimilation of refugees, and
2216 WHEREAS, the numerous executive orders entered by President
2217 Trump demonstrate the federal government will finally end
2218 policies detrimental to lawful citizens and will enforce the
2219 laws of this country to combat illegal immigration, protect
2220 victims of crimes committed by illegal immigrants, reduce cost
2221 burdens related to illegal aliens, including ending public
2222 benefits, and protect our borders, and
2223 WHEREAS, it is necessary to detail immigration enforcement
2224 responsibilities in Florida law and to centralize those
2225 responsibilities in an agency having authority in civil,
2226 administrative, and criminal matters, and
2227 WHEREAS, the Legislature finds it necessary to rigorously
2228 implement both the letter and spirit of President Trump’s plan
2229 to secure our border, protect our state and national
2230 sovereignty, support Florida law enforcement, and affirm the
2231 federal government’s responsibility over immigration, NOW,
2232 THEREFORE,