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.