Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 168
       
       
       
       
       
       
                                Ì803882:Î803882                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/21/2019           .                                
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       The Committee on Judiciary (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 160 - 237
    4  and insert:
    5         (1) Except as otherwise expressly prohibited by federal
    6  law, a state entity, local governmental entity, or law
    7  enforcement agency may not prohibit or in any way restrict
    8  another state entity, local governmental entity, or law
    9  enforcement agency from taking any of the following actions with
   10  respect to information regarding a person’s immigration status:
   11         (a) Sending the information to or requesting, receiving, or
   12  reviewing the information from a federal immigration agency for
   13  purposes of this chapter.
   14         (b) Recording and maintaining the information for purposes
   15  of this chapter.
   16         (c) Exchanging the information with a federal immigration
   17  agency or another state entity, local governmental entity, or
   18  law enforcement agency for purposes of this chapter.
   19         (d) Using the information to determine eligibility for a
   20  public benefit, service, or license pursuant to federal or state
   21  law or an ordinance or regulation of a local governmental
   22  entity.
   23         (e) Using the information to verify a claim of residence or
   24  domicile if a determination of residence or domicile is required
   25  under federal or state law, an ordinance or regulation of a
   26  local governmental entity, or a judicial order issued pursuant
   27  to a civil or criminal proceeding in this state.
   28         (f) Using the information to comply with an immigration
   29  detainer.
   30         (g) Using the information to confirm the identity of a
   31  person who is detained by a law enforcement agency.
   32         (2)(a) For purposes of this subsection the term “applicable
   33  criminal case” means a criminal case in which:
   34         1. The judgment requires the defendant to be confined in a
   35  secure correctional facility; and
   36         2. The judge:
   37         a. Indicates in the record under s. 908.204 that the
   38  defendant is subject to an immigration detainer; or
   39         b. Otherwise indicates in the record that the defendant is
   40  subject to a transfer into federal custody.
   41         (b) In an applicable criminal case, at the time of
   42  pronouncement of a sentence of confinement, the judge shall
   43  issue an order requiring the secure correctional facility in
   44  which the defendant is to be confined to reduce the defendant’s
   45  sentence by a period of not more than 7 days on the facility’s
   46  determination that the reduction in sentence will facilitate the
   47  seamless transfer of the defendant into federal custody. For
   48  purposes of this paragraph, the term “secure correctional
   49  facility” means a state correctional institution as defined in
   50  s. 944.02 or a county detention facility or a municipal
   51  detention facility as defined in s. 951.23.
   52         (c) If the information specified in sub-subparagraph
   53  (a)2.a. or sub-subparagraph (a)2.b. is not available at the time
   54  the sentence is pronounced in the case, the judge shall issue
   55  the order described by paragraph (b) as soon as the information
   56  becomes available.
   57         (3) When a law enforcement agency receives verification
   58  from a federal immigration agency that an alien in the law
   59  enforcement agency’s custody is unlawfully present in the United
   60  States, the agency may securely transport the alien to a federal
   61  facility in this state or to another point of transfer to
   62  federal custody outside the jurisdiction of the law enforcement
   63  agency. However, the law enforcement agency may transport an
   64  alien who is confined in a secure correctional facility only
   65  upon authorization by a court order unless the transportation
   66  will occur within the 7 day period under subsection (2). A law
   67  enforcement agency shall obtain judicial authorization before
   68  securely transporting an alien to a point of transfer outside of
   69  this state.
   70         (4) This section does not require a state entity, local
   71  governmental entity, or law enforcement agency to provide a
   72  federal immigration agency with information related to a victim
   73  of or a witness to a criminal offense if the victim or witness
   74  timely and in good faith responds to the entity’s or agency’s
   75  request for information and cooperation in the investigation or
   76  prosecution of the offense.
   77         (5) A state entity, local governmental entity, or law
   78  enforcement agency that, pursuant to subsection (4), withholds
   79  
   80  ================= T I T L E  A M E N D M E N T ================
   81  And the title is amended as follows:
   82         Delete lines 6 - 10
   83  and insert:
   84         definitions; prohibiting certain restrictions by state
   85         entities, local governmental entities, and law
   86         enforcement agencies on taking