Florida Senate - 2017 SB 1674 By Senator Torres 15-01306A-17 20171674__ 1 A bill to be entitled 2 An act relating to enforcement of federal laws; 3 creating ch. 908, F.S.; providing a short title; 4 creating ss. 908.101-908.107, F.S.; providing 5 legislative intent; providing definitions; prohibiting 6 state and local law enforcement agencies, school 7 officers, and security agencies from certain actions 8 for purposes of immigration enforcement; providing 9 exceptions; requiring state and local law enforcement 10 agencies to review confidentiality policies and revise 11 such policies, if necessary; requiring the Attorney 12 General, K-12 public schools and public postsecondary 13 educational institutions, hospitals, and courthouses 14 to develop and publicize certain policies; requiring 15 the Attorney General to prescribe a format for persons 16 to submit a complaint; authorizing the Attorney 17 General or state attorney to institute injunctive 18 proceedings; providing severability; providing an 19 effective date. 20 21 WHEREAS, the Legislature finds that one in five residents 22 of the state is foreign-born and one in three children in the 23 state has at least one immigrant parent, and 24 WHEREAS, immigrants are valuable and essential members of 25 our community, and a relationship of trust between immigrants 26 and state and local law enforcement agencies is central to 27 public safety, and 28 WHEREAS, the Legislature concurs in the recent finding and 29 recommendation of President Obama’s Taskforce on 21st Century 30 Policing that whenever possible, state and local law enforcement 31 should not be involved in federal immigration enforcement, and 32 WHEREAS, state and local departments and agencies operate 33 with limited resources and personnel, and involvement in federal 34 immigration enforcement diverts these already limited resources 35 and personnel away from state and local matters, and 36 WHEREAS, state law does not authorize local law enforcement 37 to arrest or detain individuals for federal immigration 38 purposes, and 39 WHEREAS, state and local law enforcement involvement in 40 federal immigration enforcement raises constitutional concerns 41 regarding the Equal Protection Clause and the Fourth Amendment, 42 NOW, THEREFORE, 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Chapter 908, Florida Statutes, consisting of 47 sections 908.101-908.107, is created to read: 48 CHAPTER 908 49 FEDERAL IMMIGRATION ENFORCEMENT 50 908.101 Short title.—This act may be cited as the “Florida 51 Trust Act.” 52 908.102 Legislative intent.—It is the intent of the 53 Legislature to protect the safety and constitutional rights of 54 citizens of the state and to direct the state’s limited 55 resources to matters of greatest concern to state and local 56 governments. 57 908.103 Definitions.—As used in this chapter: 58 (1) “Civil immigration warrant” means a warrant for a 59 violation of federal immigration law and includes a warrant 60 entered in the Immigration Violator File of the National Crime 61 Information Center database. 62 (2) “Hold, notification request, or transfer request” means 63 a request from an immigration authority to a state or local law 64 enforcement agency to facilitate the arrest or transfer of an 65 individual to federal immigration custody. The term includes a 66 request on form I-247, I-247D, I-247N, or I-247X. 67 (3) “Immigration authority” means an officer, employee, or 68 person employed by or acting as an agent of the United States 69 Immigration and Customs Enforcement, or a division thereof, or 70 an officer, employee, or person employed by or acting as an 71 agent of the United States Department of Homeland Security who 72 is charged with immigration enforcement under s. 287 of the 73 federal Immigration and Nationality Act or a federal program 74 including, but not limited to, the Priority Enforcement Program 75 or any successor program. 76 (4) “Immigration enforcement” means an investigation or 77 enforcement, or assistance in the investigation or enforcement, 78 of any federal immigration law, including such laws that 79 penalize a person’s presence in, entry or reentry to, or 80 employment in, the United States, including, but not limited to, 81 a violation of section 1253, section 1324(c), section 1325, or 82 section 1326 of Title 8 of the United States Code. 83 (5) “Judicial warrant” means a warrant based on probable 84 cause which authorizes an immigration authority to take into 85 custody the person who is the subject of such warrant. Such 86 warrant must be issued by a judge appointed pursuant to Article 87 III of the Constitution of the United States or a federal 88 magistrate judge appointed pursuant to 28 U.S.C. s. 631. 89 (6) “School officer” means a school resource officer or 90 school safety officer as described in s. 1006.12. 91 908.104 State and local law enforcement agencies.— 92 (1) A state and local law enforcement agency, school 93 officer, or security agency may not use agency resources or 94 personnel to investigate, arrest, or detain a person for 95 purposes of immigration enforcement. Such resources include, but 96 are not limited to, labor and resources expended in: 97 (a) Responding to a hold, notification request, or transfer 98 request from an immigration authority. 99 (b) Responding to a request from an immigration authority 100 for information not publicly available regarding a person’s 101 release date, home address, or work address for purposes of 102 immigration enforcement. 103 (c) Making an arrest based on civil immigration warrants. 104 (d) Performing functions of an immigration officer pursuant 105 to 8 U.S.C. s. 1357(g) or any other law, regulation, or policy, 106 whether formal or informal. 107 (2) Notwithstanding any other provision of law, a state or 108 local law enforcement agency, school officer, or security agency 109 may not, without a judicial warrant, transfer an individual to 110 an immigration authority or detain an individual at the request 111 of an immigration authority for purposes of immigration 112 enforcement. 113 (3) A state and local law enforcement agency, school 114 officer, security agency, and other state agencies may not make 115 an agency database available for purposes of immigration 116 enforcement or an investigation or enforcement related to a 117 federal program requiring registration of an individual on the 118 basis of race, gender, disability, sexual orientation, gender 119 identity, religion, immigration status, or national or ethnic 120 origin. Any agreement to make available a database in conflict 121 with this subsection which is in existence on July 1, 2017, is 122 invalid. 123 (4) This section does not prevent a state or local law 124 enforcement agency from responding to a lawful subpoena or 125 request from an immigration authority for information about a 126 person’s previous criminal arrests or convictions. 127 908.105 Confidentiality policies.—A state and local law 128 enforcement agency shall review its confidentiality policies and 129 make any necessary revisions as expeditiously as possible to 130 ensure that information collected by such agency from an 131 individual is limited and may not be used or disclosed beyond 132 the specifically authorized purpose for which it was collected. 133 908.106 Accessibility of public schools, hospitals, and 134 courthouses.— 135 (1) The Attorney General shall develop and provide, through 136 the Department of Legal Affairs’ website, model policies for K 137 12 public schools and public postsecondary educational 138 institutions, hospitals, and courthouses to ensure safety and 139 accessibility in these locations to all residents of the state, 140 regardless of immigration status. 141 (2) K-12 public schools and public postsecondary 142 educational institutions, hospitals, and courthouses shall 143 develop and make public policies that limit immigration 144 enforcement on their premises to the fullest extent possible 145 consistent with federal and state law. 146 908.107 Violations.— 147 (1) The Attorney General shall prescribe and provide, 148 through the Department of Legal Affairs’ website, the format for 149 a person to submit a complaint alleging a violation of this 150 chapter. This section does not prohibit filing an anonymous 151 complaint or a complaint submitted in another format. 152 (2) The Attorney General or a state attorney may institute 153 proceedings in circuit court to enjoin a state entity, state 154 official, law enforcement agency, local governmental entity, or 155 local government official, school officer, or security agency 156 found to be in violation of this chapter. 157 Section 2. The provisions of this act are severable. If any 158 provision of this act or its application is held invalid, that 159 invalidity shall not affect other provisions or applications 160 that can be given effect without the invalid provision or 161 application. 162 Section 3. This act shall take effect July 1, 2017.