Florida Senate - 2026                                     SB 304
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00594-26                                            2026304__
    1                        A bill to be entitled                      
    2         An act relating to violations of state immigration
    3         laws; amending s. 908.11, F.S.; requiring the
    4         Department of Law Enforcement to impose a fine for
    5         certain violations; requiring the department to use
    6         the moneys collected from such fines to provide
    7         compensation to victims harmed by unauthorized aliens;
    8         creating s. 908.14, F.S.; defining the term
    9         “unauthorized alien”; requiring the department to
   10         develop a program to compensate residents who have
   11         suffered harm caused by unauthorized aliens; providing
   12         eligibility requirements for receiving compensation;
   13         requiring the department to adopt rules; creating s.
   14         908.15, F.S.; defining the term “unauthorized alien”;
   15         creating a cause of action against certain local
   16         governmental entities and law enforcement agencies
   17         under certain circumstances; requiring the plaintiff
   18         in such actions to prove certain elements by a
   19         preponderance of the evidence; providing that the
   20         state waives sovereign immunity for liability under
   21         certain circumstances; amending s. 768.28, F.S.;
   22         conforming a provision to changes made by the act;
   23         providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (3) is added to section 908.11,
   28  Florida Statutes, to read:
   29         908.11 Immigration enforcement assistance agreements;
   30  reporting requirement.—
   31         (3) The Department of Law Enforcement shall impose a fine
   32  of $10,000 for each violation of this section and shall use the
   33  moneys collected from such fines to provide compensation to
   34  victims harmed by unauthorized aliens pursuant to s. 908.14.
   35         Section 2. Section 908.14, Florida Statutes, is created to
   36  read:
   37         908.14 Compensation for victims of unauthorized aliens.—
   38         (1) As used in this section, the term “unauthorized alien”
   39  has the same meaning as in s. 908.111.
   40         (2) The Department of Law Enforcement shall develop a
   41  program to compensate residents who have suffered harm caused by
   42  an unauthorized alien.
   43         (3) In order to be eligible to receive compensation under
   44  this section:
   45         (a) The act or omission that caused the harm must have
   46  occurred in this state on or after July 1, 2026;
   47         (b) The preponderance of the evidence must show that an
   48  unauthorized alien materially contributed to the harm for which
   49  compensation is sought; and
   50         (c) The person seeking compensation must complete a form
   51  prescribed by the department.
   52         (4) The Department of Law Enforcement shall adopt rules to
   53  administer this section.
   54         Section 3. Section 908.15, Florida Statutes, is created to
   55  read:
   56         908.15 Cause of action for wrongful death caused by an
   57  unauthorized alien.—
   58         (1) As used in this section, the term “unauthorized alien”
   59  has the same meaning as in s. 908.111.
   60         (2) The estate of a person killed by an unauthorized alien
   61  has a cause of action against:
   62         (a) A local governmental entity or law enforcement agency
   63  that has a sanctuary policy in violation of s. 908.103.
   64         (b) A law enforcement agency in violation of s. 908.11 or
   65  in violation of the agreement required under that section.
   66         (3) A plaintiff in such action must show by a preponderance
   67  of the evidence that a failure to cooperate or comply fully with
   68  federal immigration authorities or with an immigration detainer
   69  materially contributed to an unauthorized alien causing the
   70  decedent’s death.
   71         (4) Notwithstanding s. 768.28, and in accordance with s.
   72  13, Art. X of the State Constitution, the state waives sovereign
   73  immunity for liability for torts under this section.
   74         Section 4. Subsection (21) is added to section 768.28,
   75  Florida Statutes, to read:
   76         768.28 Waiver of sovereign immunity in tort actions;
   77  recovery limits; civil liability for damages caused during a
   78  riot; limitation on attorney fees; statute of limitations;
   79  exclusions; indemnification; risk management programs.—
   80         (21) This section does not apply to an action brought under
   81  s. 908.15.
   82         Section 5. This act shall take effect July 1, 2026.