| 1 | A bill to be entitled |
| 2 | An act relating to the enforcement of immigration laws; |
| 3 | creating s. 943.0536, F.S.; providing legislative intent; |
| 4 | prohibiting the state or its political subdivisions from |
| 5 | limiting or restricting the enforcement of immigration |
| 6 | laws; requiring a law enforcement officer to request |
| 7 | citizenship information under certain circumstances; |
| 8 | authorizing a law enforcement agency to transport an alien |
| 9 | to a federal facility; requiring judicial authorization |
| 10 | for the transfer of an alien outside the state; allowing |
| 11 | governmental entities to share information regarding |
| 12 | citizenship; authorizing citizens to sue the state or a |
| 13 | political subdivision of the state if the state or |
| 14 | political subdivision is restricting the enforcement of |
| 15 | federal immigration laws; providing for recovery of |
| 16 | attorney's fees; providing for criminal penalties; |
| 17 | prohibiting the probation or release of an alien who does |
| 18 | not possess registration documents; requiring that the act |
| 19 | be implemented consistent with federal law; prohibiting |
| 20 | law enforcement officers from using race as a determining |
| 21 | factor in an assessment under the act; providing an |
| 22 | effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Section 943.0536, Florida Statutes, is created |
| 27 | to read: |
| 28 | 943.0536 Enforcement of immigration laws.- |
| 29 | (1) The Legislature finds that there is a compelling |
| 30 | interest in the cooperative enforcement of federal immigration |
| 31 | laws throughout this state. The section is intended to |
| 32 | discourage and deter the unlawful entry and presence of aliens |
| 33 | in this state and the economic activity by persons unlawfully |
| 34 | present in this state. |
| 35 | (2) An official or agency of the state or a political |
| 36 | subdivision of the state may not limit or restrict the |
| 37 | enforcement of federal immigration laws to less than the full |
| 38 | extent permitted by federal law. |
| 39 | (3)(a) If, during a lawful stop, detention, or arrest made |
| 40 | by a law enforcement officer of this state or a political |
| 41 | subdivision of this state made to enforce any law or ordinance |
| 42 | of the state or a political subdivision, reasonable suspicion |
| 43 | exists that the person stopped, detained, or arrested is an |
| 44 | alien and is unlawfully present in the United States, a |
| 45 | reasonable attempt shall be made, when practicable, to determine |
| 46 | the immigration status of the person stopped, detained, or |
| 47 | arrested, except if the determination may hinder or obstruct an |
| 48 | investigation. |
| 49 | (b) A person who is arrested shall have his or her |
| 50 | immigration status determined before the person is released. |
| 51 | (c) The immigration status of the person stopped, |
| 52 | detained, or arrested shall be verified with the Federal |
| 53 | Government pursuant to 8 U.S.C. s. 1373(c). |
| 54 | (d) A law enforcement officer of this state or a political |
| 55 | subdivision of this state may not consider race, color, or |
| 56 | national origin when implementing the requirements of this |
| 57 | subsection, except to the extent permitted by the United States |
| 58 | Constitution or the State Constitution. |
| 59 | (e) A person is presumed to be an alien who is lawfully |
| 60 | present in the United States if the person provides to the law |
| 61 | enforcement officer any of the following: |
| 62 | 1. A valid Florida driver's license; |
| 63 | 2. A valid Florida identification card; |
| 64 | 3. A valid tribal enrollment card or other form of tribal |
| 65 | identification; or |
| 66 | 4. Any valid United States federal, state, or local |
| 67 | identification, if the entity providing the identification |
| 68 | requires proof of legal presence in the United States. |
| 69 | (4) If an alien is unlawfully present in the United States |
| 70 | and he or she is convicted of a violation of a state or local |
| 71 | law, on discharge from incarceration or on the assessment of any |
| 72 | monetary obligation that is imposed, the appropriate state or |
| 73 | local law enforcement agency shall immediately notify the United |
| 74 | States Immigration and Customs Enforcement or the United States |
| 75 | Customs and Border Protection. |
| 76 | (5) Notwithstanding any other law, a law enforcement |
| 77 | agency may transport an alien for whom the agency has received |
| 78 | verification that he or she is unlawfully present in the United |
| 79 | States and who is in the agency's custody to a federal facility |
| 80 | in this state or to any other point of transfer into federal |
| 81 | custody which is outside the jurisdiction of the law enforcement |
| 82 | agency. A law enforcement agency shall obtain judicial |
| 83 | authorization before transporting an alien to a point of |
| 84 | transfer outside this state. |
| 85 | (6) When implementing this section, an alien's immigration |
| 86 | status may be determined by: |
| 87 | (a) A law enforcement officer who is authorized by the |
| 88 | Federal Government to verify or ascertain an alien's immigration |
| 89 | status. |
| 90 | (b) The United States Immigration and Customs Enforcement |
| 91 | or the United States Customs and Border Protection pursuant to 8 |
| 92 | U.S.C. s. 1373(c). |
| 93 | (7) Except as provided in federal law, an official of this |
| 94 | state or a political subdivision of this state may not be |
| 95 | prohibited or in any way restricted from sending, receiving, or |
| 96 | maintaining information relating to the immigration status of an |
| 97 | individual. These officials and agencies may exchange |
| 98 | information with any other governmental entity for purposes of: |
| 99 | (a) Determining the eligibility of a person for any public |
| 100 | benefit, service, or license provided by any federal, state, or |
| 101 | local government. |
| 102 | (b) Verifying any claim of residence or domicile if |
| 103 | determination of residence or domicile is required under the |
| 104 | laws of this state or a judicial order. |
| 105 | (c) Determining whether the alien is in compliance with |
| 106 | the federal registration laws prescribed by Title II of chapter |
| 107 | 7 of the federal Immigration and Nationality Act. |
| 108 | (8) A person who is a legal resident of this state may |
| 109 | bring an action in a county court to challenge any official or |
| 110 | agency of this state or a political subdivision of this state |
| 111 | which adopts or implements a policy that limits or restricts the |
| 112 | enforcement of federal immigration laws, including 8 U.S.C. ss. |
| 113 | 1373 and 1644, to less than the full extent permitted by federal |
| 114 | law. If the court finds that the state or political subdivision |
| 115 | has violated this section, the court shall order that the state |
| 116 | or political subdivision pay a civil penalty of not less than |
| 117 | $500 and not more than $5,000 for each day that the policy has |
| 118 | remained in effect after the filing of an action pursuant to |
| 119 | this subsection. |
| 120 | (9) The court may award court costs and reasonable |
| 121 | attorney's fees to any person or any official or agency of this |
| 122 | state or political subdivision of this state prevailing by an |
| 123 | adjudication on the merits in a proceeding brought pursuant to |
| 124 | subsection (8). |
| 125 | (10) In addition to any other violation of federal law, a |
| 126 | person may not willfully fail to complete or carry an alien |
| 127 | registration document if the person is in violation of 8 U.S.C. |
| 128 | s. 1304(e) or s. 1306(a). A person is not subject to sanctions |
| 129 | under subsection (7), subsection (8), subsection (9), or this |
| 130 | subsection if he or she maintains authorization from the Federal |
| 131 | Government to remain in the United States. In the enforcement of |
| 132 | this subsection, an alien's immigration status may be determined |
| 133 | by: |
| 134 | (a) A law enforcement officer who is authorized by the |
| 135 | Federal Government to verify or ascertain an alien's immigration |
| 136 | status. |
| 137 | (b) The United States Immigration and Customs Enforcement |
| 138 | or the United States Customs and Border Protection pursuant to 8 |
| 139 | U.S.C. s. 1373(c). |
| 140 | (11) A person who is sentenced pursuant to subsection (10) |
| 141 | is not eligible for suspension of sentence, probation, pardon, |
| 142 | commutation of sentence, or release from confinement on any |
| 143 | basis except as authorized by law. |
| 144 | (12) In addition to any other penalty prescribed by law, |
| 145 | the court shall order the person to pay costs of incarceration. |
| 146 | (13) A person who willfully fails to complete or carry an |
| 147 | alien registration document required under subsection (10) |
| 148 | commits a misdemeanor of the first degree, punishable as |
| 149 | provided in s. 775.082 or s. 775.083. However any fine imposed |
| 150 | under this subsection may not exceed $100. A person who violates |
| 151 | this subsection may be sentenced to up to 20 days in jail. A |
| 152 | person who violates this subsection a second or subsequent time |
| 153 | may be sentenced to up to 30 days in jail. |
| 154 | (14) This section shall be implemented in a manner |
| 155 | consistent with federal laws regulating immigration, protecting |
| 156 | civil rights of all persons, and respecting the privileges and |
| 157 | immunities of United States citizens. |
| 158 | (15) A law enforcement officer of this state or a |
| 159 | political subdivision of the state may not consider race, color, |
| 160 | or national origin in the enforcement of this section, except to |
| 161 | the extent permitted by the United States Constitution or the |
| 162 | State Constitution. |
| 163 | (16) Fines collected under this section shall be deposited |
| 164 | into the General Revenue Fund. |
| 165 | Section 2. This act shall take effect October 1, 2011. |