Florida Senate - 2026                                     SB 708
       
       
        
       By Senator Berman
       
       
       
       
       
       26-01310A-26                                           2026708__
    1                        A bill to be entitled                      
    2         An act relating to the State Immigration Enforcement
    3         Action Database; amending s. 908.1031, F.S.; requiring
    4         the State Board of Immigration Enforcement to create
    5         and administer the State Immigration Enforcement
    6         Action Database; creating s. 908.1034, F.S.;
    7         specifying that the board is responsible for creating
    8         and administering the database; requiring that the
    9         database be accessible through a publicly available
   10         website and be searchable; requiring law enforcement
   11         agencies and entities contracting for private
   12         correctional services in this state to submit to the
   13         board specified information within a specified
   14         timeframe after detaining or arresting a person for
   15         specified reasons; requiring the board to publish
   16         specified information in the database within a
   17         specified timeframe after receiving it from a law
   18         enforcement agency or an entity contracting for
   19         private correctional services in this state; amending
   20         s. 908.1032, F.S.; conforming a cross-reference;
   21         providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Present paragraphs (e), (f), and (g) of
   26  subsection (3) of section 908.1031, Florida Statutes, are
   27  redesignated as paragraphs (f), (g), and (h), respectively, and
   28  a new paragraph (e) is added to that subsection, to read:
   29         908.1031 State Board of Immigration Enforcement; creation;
   30  purpose and duties.—
   31         (3) The board is the chief immigration enforcement officer
   32  of the state and shall:
   33         (e) Create and administer the State Immigration Enforcement
   34  Action Database established in s. 908.1034.
   35         Section 2. Section 908.1034, Florida Statutes, is created
   36  to read:
   37         908.1034 State Immigration Enforcement Action Database.—
   38         (1) The State Board of Immigration Enforcement is
   39  responsible for creating and administering a database of
   40  immigration enforcement actions performed by any state law
   41  enforcement agency or entity contracting for private
   42  correctional services in this state. The database must be
   43  accessible through a publicly available website and be
   44  searchable by agency and name.
   45         (2) A law enforcement agency or an entity contracting for
   46  private correctional services in this state shall submit all of
   47  the following information to the board within 48 hours after
   48  detaining or arresting a person for an immigration-related
   49  reason, accepting custody of a person detained for an
   50  immigration-related reason, or otherwise participating in an
   51  immigration enforcement action:
   52         (a) The name and birthdate of any person whom the agency:
   53         1. Transfers to federal immigration authorities on a
   54  detainer.
   55         2. Arrests or detains for an immigration-related reason.
   56         3. Maintains custody of pending immigration proceedings or
   57  deportation.
   58         4. Knows to have been detained by federal authorities
   59  pursuant to an immigration enforcement action in which the
   60  agency cooperated.
   61         (b) The following additional information related to a
   62  person who meets the conditions specified in paragraph (a):
   63         1. The date and location of arrest or detention of the
   64  person.
   65         2. Whether such person is currently housed in the custody
   66  of a law enforcement agency or private correctional facility in
   67  this state.
   68         3. Any transfer in custody within the state, to the federal
   69  government, or to another state, including which entity assumes
   70  custody of the person.
   71         (c) Any change in the information required in paragraphs
   72  (a) and (b) within 48 hours after such change.
   73         (3) The board must publish all of the following information
   74  in the database within 48 hours after receiving it from a law
   75  enforcement agency or an entity contracting for private
   76  correctional services in this state:
   77         (a) The name and birthdate of the person.
   78         (b) The date of arrest or detention, or the date when the
   79  agency or entity first took custody of the person.
   80         (c) The location of the arrest or detention.
   81         (d) If the person is still in state custody, where the
   82  person is housed.
   83         (e) If the person is no longer in state custody, when the
   84  person was released or transferred to another jurisdiction.
   85         Section 3. Paragraph (h) of subsection (4) of section
   86  908.1032, Florida Statutes, is amended to read:
   87         908.1032 State Immigration Enforcement Council.—The State
   88  Immigration Enforcement Council, an advisory council as defined
   89  in s. 20.03, is created within the State Board of Immigration
   90  Enforcement for the purpose of advising the board.
   91         (4) The council shall:
   92         (h) Upon unanimous approval of the board, assist in the
   93  collection of data from law enforcement agencies as required
   94  under s. 908.1031(3)(f) s. 908.1031(3)(e).
   95         Section 4. This act shall take effect July 1, 2026.