Florida Senate - 2025                                     SB 4-C
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00002-25C                                            20254C__
    1                        A bill to be entitled                      
    2         An act relating to immigration; providing a directive
    3         to the Division of Law Revision; creating s. 811.101,
    4         F.S.; defining the terms “removal” and “unauthorized
    5         alien”; creating s. 811.102, F.S.; providing criminal
    6         penalties for adult unauthorized aliens who knowingly
    7         enter or attempt to enter this state after entering
    8         the United States by eluding or avoiding examination
    9         or inspection by immigration officers; providing a
   10         mandatory minimum term of imprisonment; providing
   11         enhanced criminal penalties for second or subsequent
   12         convictions; providing mandatory minimum terms of
   13         imprisonment; prohibiting the arrest of unauthorized
   14         aliens under specified circumstances; providing
   15         affirmative defenses; requiring a court to presume
   16         that no conditions of release can reasonably assure
   17         the presence of an unauthorized alien arrested for
   18         certain violations at trial and to order the detention
   19         of such an unauthorized alien arrested for such a
   20         violation pending disposition of the case; specifying
   21         that such aliens are not eligible for any civil
   22         citation or other prearrest or postarrest diversion
   23         program; requiring the arresting law enforcement
   24         agency to notify certain entities of the unauthorized
   25         alien’s arrest; creating s. 811.103, F.S.; providing
   26         criminal penalties for an adult unauthorized alien
   27         who, after having been denied admission, excluded,
   28         deported, or removed or having departed the United
   29         States during the time an order of exclusion,
   30         deportation, or removal is outstanding, thereafter
   31         enters, attempts to enter, or is at any time found in
   32         this state; providing exceptions; providing a
   33         mandatory minimum term of imprisonment; providing
   34         enhanced criminal penalties for an unauthorized alien
   35         whose arrest for such violations was after convictions
   36         for the commission of specified offenses; requiring a
   37         court to presume that no conditions of release can
   38         reasonably assure the presence of an unauthorized
   39         alien arrested for certain violations at trial and to
   40         order the detention of such an unauthorized alien
   41         arrested for such a violation pending disposition of
   42         the case; specifying that such aliens are not eligible
   43         for any civil citation or other prearrest or
   44         postarrest diversion program; requiring the arresting
   45         law enforcement agency to notify certain entities of
   46         the unauthorized alien’s arrest; creating s. 921.1426,
   47         F.S.; requiring a court to sentence a defendant who is
   48         an unauthorized alien and who is convicted or
   49         adjudicated guilty of a capital felony to a sentence
   50         of death; defining the term “unauthorized alien”;
   51         providing an effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. The Division of Law Revision is directed to
   56  create chapter 811, Florida Statutes, to be entitled
   57  “UNAUTHORIZED ALIENS, NATIONALITY, AND IMMIGRATION, consisting
   58  of ss. 811.101, 811.102, and 811.103, Florida Statutes.
   59         Section 2. Section 811.101, Florida Statutes, is created to
   60  read:
   61         811.101 Definitions.—As used in this chapter, the term:
   62         (1)“Removal” means the departure from the United States of
   63  an unauthorized alien after any proceeding under 8 U.S.C. ss.
   64  1225, 1228, 1229, or 1229a or any agreement in which an
   65  unauthorized alien stipulates to his or her departure from the
   66  United States as part of a criminal proceeding under federal or
   67  state law.
   68         (2)“Unauthorized alien” has the same meaning as in s.
   69  908.111.
   70         Section 3. Section 811.102, Florida Statutes, is created to
   71  read:
   72         811.102 Illegal entry by adult unauthorized alien into this
   73  state.—
   74         (1) Except as provided in subsection (2), an unauthorized
   75  alien who is 18 years of age or older and who knowingly enters
   76  or attempts to enter this state after entering the United States
   77  by eluding or avoiding examination or inspection by immigration
   78  officers commits a misdemeanor of the first degree, punishable
   79  as provided in s. 775.082 or s. 775.083. A person convicted of a
   80  violation of this subsection must be sentenced to a mandatory
   81  minimum term of imprisonment of 9 months.
   82         (2)(a) An unauthorized alien who has one prior conviction
   83  for a violation of this section and who commits a second
   84  violation of subsection (1) commits a felony of the third
   85  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   86  775.084. A person convicted of a violation of this paragraph
   87  must be sentenced to a mandatory minimum term of imprisonment of
   88  1 year and 1 day.
   89         (b) An unauthorized alien who has two or more prior
   90  convictions for a violation of this section and who commits a
   91  subsequent violation of subsection (1) commits a felony of the
   92  third degree, punishable as provided in s. 775.082, s. 775.083,
   93  or s. 775.084. A person convicted for a violation of this
   94  paragraph must be sentenced to a mandatory minimum term of
   95  imprisonment of 2 years.
   96         (3)An unauthorized alien may not be arrested for a
   97  violation of this section if the unauthorized alien was
   98  encountered by law enforcement during the investigation of
   99  another crime that occurred in this state and the unauthorized
  100  alien witnessed or reported such crime or was a victim of such
  101  crime.
  102         (4)It is an affirmative defense to prosecution under this
  103  section if:
  104         (a)The Federal Government has granted the unauthorized
  105  alien lawful presence in the United States or discretionary
  106  relief that authorizes the unauthorized alien to remain in the
  107  United States temporarily or permanently;
  108         (b)The unauthorized alien is subject to relief under the
  109  Cuban Adjustment Act of 1966; or
  110         (c)The unauthorized alien’s entry into the United States
  111  did not constitute a violation of 8 U.S.C. s. 1325(a).
  112         (5)Notwithstanding any other law, and unless release is
  113  otherwise required by the State Constitution or the United
  114  States Constitution, the court shall presume that no conditions
  115  of release can reasonably assure the presence of an unauthorized
  116  alien arrested for a violation of this section at his or her
  117  trial and must order the unauthorized alien to be detained
  118  pending the disposition of the case.
  119         (6)An unauthorized alien who commits a violation of this
  120  section is not eligible for a civil citation, prearrest or
  121  postarrest diversion program, or other similar program,
  122  including, but not limited to, any program described in s.
  123  901.41 or s. 921.00241.
  124         (7) Upon making an arrest for a violation of this section,
  125  the arresting law enforcement agency shall:
  126         (a) Notify Immigration and Customs Enforcement of the
  127  United States Department of Homeland Security of the
  128  unauthorized alien’s arrest and provide any known information
  129  relating to the unauthorized alien; and
  130         (b) Notify the Department of Law Enforcement of the
  131  unauthorized alien’s arrest and provide information relating to
  132  the unauthorized alien, which must include his or her
  133  fingerprints, photograph, and any other biometric information
  134  necessary to identify the unauthorized alien.
  135         Section 4. Section 811.103, Florida Statutes, is created to
  136  read:
  137         811.103 Illegal reentry of an adult unauthorized alien.—
  138         (1)An unauthorized alien who is 18 years of age or older
  139  commits a felony of the third degree, punishable as provided in
  140  s. 775.082, s. 775.083, or s. 775.084, if he or she, after
  141  having been denied admission, excluded, deported, or removed or
  142  having departed the United States during the time an order of
  143  exclusion, deportation, or removal is outstanding, thereafter
  144  enters, attempts to enter, or is at any time found in this
  145  state. An unauthorized alien does not commit a violation of this
  146  subsection if, before the unauthorized alien’s reembarkation at
  147  a place outside the United States or his or her application for
  148  admission from a foreign contiguous territory:
  149         (a) The Attorney General of the United States expressly
  150  consented to his or her reapplication for admission; or
  151         (b) With respect to an unauthorized alien who was
  152  previously denied admission and removed, the unauthorized alien
  153  establishes that he or she was not required to obtain such
  154  advance consent under the Immigration and Nationality Act, as
  155  amended.
  156         (2) Except as provided in subsection (3), an unauthorized
  157  alien who violates subsection (1) must be sentenced to a
  158  mandatory minimum term of imprisonment of 1 year and 1 day.
  159         (3)(a) An unauthorized alien who has three or more prior
  160  convictions for a misdemeanor or a felony, other than a forcible
  161  felony as defined in s. 776.08 or an aggravated felony as
  162  defined in 8 U.S.C. s. 1101, and who commits a violation of
  163  subsection (1) commits a felony of the third degree, punishable
  164  as provided in s. 775.082, s. 775.083, or s. 775.084. A person
  165  convicted of violating this paragraph must be sentenced to a
  166  mandatory minimum term of imprisonment of 2 years.
  167         (b) An unauthorized alien who has a prior conviction for a
  168  forcible felony as defined in s. 776.08 or an aggravated felony
  169  as defined in 8 U.S.C s. 1101 and who commits a violation of
  170  subsection (1) commits a felony of the second degree, punishable
  171  as provided in s. 775.082, s. 775.083, or s. 775.084. A person
  172  convicted of a violation of this paragraph must be sentenced to
  173  a mandatory minimum term of imprisonment of 5 years.
  174         (4)Notwithstanding any other law, and unless release is
  175  otherwise required by the State Constitution or the United
  176  States Constitution, the court shall presume that no conditions
  177  of release can reasonably assure the presence of an unauthorized
  178  alien arrested for a violation of this section at his or her
  179  trial and must order the unauthorized alien to be detained
  180  pending the disposition of the case.
  181         (5)An unauthorized alien who commits a violation of this
  182  section is not eligible for a civil citation, prearrest or
  183  postarrest diversion program, or other similar program,
  184  including, but not limited to, any program described in s.
  185  901.41 or s. 921.00241.
  186         (6)Upon making an arrest for a violation of this section,
  187  the arresting law enforcement agency shall:
  188         (a)Notify Immigration and Customs Enforcement of the
  189  United States Department of Homeland Security of the
  190  unauthorized alien’s arrest and provide any known information
  191  relating to the unauthorized alien; and
  192         (b)Notify the Department of Law Enforcement of the
  193  unauthorized alien’s arrest and provide information relating to
  194  the unauthorized alien, which must include his or her
  195  fingerprints, photograph, and any other biometric information
  196  necessary to identify the unauthorized alien.
  197         Section 5. Section 921.1426, Florida Statutes, is created
  198  to read:
  199         921.1426 Sentence of death for capital offense committed by
  200  unauthorized alien.—Notwithstanding any provision of law to the
  201  contrary, the court shall sentence a defendant who is an
  202  unauthorized alien and who is convicted or adjudicated guilty of
  203  a capital felony to a sentence of death. As used in this
  204  section, the term “unauthorized alien” has the same meaning as
  205  in s. 908.111.
  206         Section 6. This act shall take effect upon becoming a law.