HB 821

1
A bill to be entitled
2An act relating to illegal immigration; providing a short
3title; providing definitions; requiring law enforcement
4officers, sheriffs, chiefs of police, chief correctional
5officers, and clerks of the circuit court to report to the
6Immigration and Customs Enforcement office of the United
7States Department of Homeland Security suspected illegal
8aliens who are arrested, detained, or convicted of a
9felony; providing a penalty for willful and knowing
10failure to make such report; requiring law enforcement
11agencies to provide written notice to each law enforcement
12officer of the officer's duty to cooperate with federal
13officials in the enforcement of federal immigration laws;
14requiring the Office of the Attorney General, the
15Department of Law Enforcement, and all state and local law
16enforcement agencies to vigorously pursue all
17opportunities to collect federal funds to which the state
18may be entitled for the reimbursement of moneys spent to
19enforce federal immigration laws; creating s. 111.076,
20F.S.; prohibiting restrictions on the reporting of certain
21immigration status information by public employees;
22providing for a writ of mandamus to compel compliance with
23certain laws; creating ss. 125.582 and 166.04935, F.S.;
24prohibiting certain local government restrictions
25concerning communication or cooperation with federal
26officials concerning immigration law enforcement; amending
27ss. 316.193 and 327.35, F.S.; requiring verification of
28the immigration status of certain persons confined for
29driving under the influence or boating under the
30influence; creating s. 409.954, F.S.; requiring
31verification of the lawful presence in the United States
32of persons over a specified age applying for certain
33public benefits; providing exceptions; providing for
34execution of affidavit of eligibility; providing for
35verification of affidavit under a specified federal
36program; providing for penalties for false affidavits;
37providing for variation of requirements; providing for
38adjudication of unique individual circumstances due to
39unusual hardship; prohibiting provision of public benefits
40in violation of specified provisions; providing for
41reports; creating s. 448.095, F.S.; defining "worker
42center" or "day-labor worker center"; prohibiting a county
43or municipality from constructing, establishing,
44maintaining, or operating, or providing funding,
45resources, or assistance to, a worker center or day-labor
46worker center that knowingly facilitates the illegal
47hiring, recruiting, or referral of unauthorized aliens;
48providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  This act may be cited as the "Florida Safe
53Borders Act of 2008."
54     Section 2.  Illegal aliens; reporting to federal
55officials.--
56     (1)  As used in this section, the term:
57     (a)  "County or municipal detention facility" has the same
58meaning as in s. 951.23, Florida Statutes.
59     (b)  "Law enforcement officer" has the same meaning as in
60s. 943.10, Florida Statutes.
61     (c)  "Law enforcement agency" means any agency or unit of
62government which has authority to employ or appoint law
63enforcement officers.
64     (2)(a)  If a law enforcement officer has probable cause to
65believe that a person arrested for a felony offense is not
66legally present in the United States, the officer shall report
67that person to the Immigration and Customs Enforcement office of
68the United States Department of Homeland Security.
69     (b)  If a person arrested for a felony offense is detained
70in a county or municipal detention facility and the sheriff, the
71chief of police, or the chief correctional officer of the
72detention facility reasonably believes that the person is not
73legally present in the United States, the sheriff, the chief of
74police, or the chief correctional officer shall report that
75person to the Immigration and Customs Enforcement office of the
76United States Department of Homeland Security.
77     (c)  A judge of the circuit court shall direct the clerk of
78the circuit court to notify the Immigration and Customs
79Enforcement office of the United States Department of Homeland
80Security when a suspected illegal alien has been convicted of or
81pled guilty to a felony.
82
83A willful and knowing violation of paragraph (a), paragraph (b),
84or paragraph (c) or a willful and knowing failure to make a
85report or notification required under paragraph (a), paragraph
86(b), or paragraph (c) is a misdemeanor of the second degree,
87punishable as provided in s. 775.082 or s. 775.083.
88     (3)(a)  Each law enforcement agency shall provide written
89notice to its law enforcement officers of each officer's duty to
90cooperate with federal officials in the enforcement of federal
91laws governing immigration.
92     (b)  Each law enforcement agency shall provide written
93confirmation to the Department of Law Enforcement by March 1 of
94each year that it has provided the notice required under
95paragraph (a) to each officer employed by the agency.
96     (4)  The Office of the Attorney General, the Department of
97Law Enforcement, and all state and local law enforcement
98agencies shall vigorously pursue all opportunities to collect
99all federal funds to which the state may be entitled for the
100reimbursement of moneys spent to enforce federal immigration
101laws.
102     Section 3.  Section 111.076, Florida Statutes, is created
103to read:
104     111.076  Reporting of immigration status information.--
105     (1)  Notwithstanding any other provision of law, no person
106or agency may prohibit or in any way restrict a public employee
107from doing any of the following with respect to information
108regarding the immigration status of any individual:
109     (a)  Sending such information to, or requesting or
110receiving such information from, the United States Department of
111Homeland Security;
112     (b)  Maintaining such information; or
113     (c)  Exchanging such information with any other federal,
114state, or local governmental entity.
115     (2)  A natural or legal person lawfully domiciled in this
116state may obtain a writ of mandamus to compel any noncooperating
117local state governmental agency to comply with such reporting
118laws.
119     Section 4.  Section 125.582, Florida Statutes, is created
120to read:
121     125.582  Communicating or cooperating with federal
122officials concerning immigration.--
123     (1)  No county government, whether acting through its
124governing body or by an initiative, referendum, or any other
125process shall enact any ordinance or policy that limits or
126prohibits a law enforcement officer, local official, or local
127government employee from communicating or cooperating with
128federal officials with regard to the immigration status of any
129person within this state.
130     (2)  Notwithstanding any other provision of law, no county
131governmental entity or official may prohibit or in any way
132restrict any governmental entity or official from sending to, or
133receiving from, the United States Department of Homeland
134Security information regarding the citizenship or immigration
135status of any individual.
136     Section 5.  Section 166.04935, Florida Statutes, is created
137to read:
138     166.04935  Communicating or cooperating with federal
139officials concerning immigration.--
140     (1)  No municipal government, whether acting through its
141governing body or by an initiative, referendum, or any other
142process shall enact any ordinance or policy that limits or
143prohibits a law enforcement officer, local official, or local
144government employee from communicating or cooperating with
145federal officials with regard to the immigration status of any
146person within this state.
147     (2)  Notwithstanding any other provision of law, no
148municipal governmental entity or official may prohibit or in any
149way restrict any governmental entity or official from sending
150to, or receiving from, the United States Department of Homeland
151Security information regarding the citizenship or immigration
152status of any individual.
153     Section 6.  Subsection (13) is added to section 316.193,
154Florida Statutes, to read:
155     316.193  Driving under the influence; penalties.--
156     (13)(a)  When a person charged under this section is
157confined for any period in a jail or other detention center or
158facility, a reasonable effort shall be made to determine the
159citizenship status of that person.
160     (b)  If the prisoner is a foreign national, the entity
161confining the person shall make a reasonable effort to verify
162that the prisoner has been lawfully admitted to the United
163States and, if lawfully admitted, that such lawful status has
164not expired. If verification of lawful status cannot be made
165from documents in the possession of the prisoner, verification
166shall be made within 48 hours of the beginning of the
167confinement in paragraph (a) through a query to the United
168States Department of Homeland Security. If the prisoner is
169determined not to be lawfully admitted to the United States, the
170entity holding the prisoner shall notify the United States
171Department of Homeland Security.
172     (c)  For the purpose of determining the grant of or
173issuance of bond, a person whose citizenship status has been
174verified pursuant to paragraph (b) to be a foreign national who
175has not been lawfully admitted to the United States shall be
176deemed to be a risk of flight.
177     (d)  The Department of Law Enforcement has authority to
178adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
179the provisions of this subsection.
180     Section 7.  Subsections (9) and (10) of section 327.35,
181Florida Statutes, are renumbered as subsections (10) and (11),
182respectively, and a new subsection (9) is added to that section
183to read:
184     327.35  Boating under the influence; penalties; "designated
185drivers".--
186     (9)(a)  When a person charged under this section is
187confined for any period in a jail or other detention center or
188facility, a reasonable effort shall be made to determine the
189citizenship status of that person.
190     (b)  If the prisoner is a foreign national, the entity
191confining the person shall make a reasonable effort to verify
192that the prisoner has been lawfully admitted to the United
193States and, if lawfully admitted, that such lawful status has
194not expired. If verification of lawful status cannot be made
195from documents in the possession of the prisoner, verification
196shall be made within 48 hours of the beginning of the
197confinement in paragraph (a) through a query to the United
198States Department of Homeland Security. If the prisoner is
199determined not to be lawfully admitted to the United States, the
200entity holding the prisoner shall notify the United States
201Department of Homeland Security.
202     (c)  For the purpose of determining the grant of or
203issuance of bond, a person whose citizenship status has been
204verified pursuant to paragraph (b) to be a foreign national who
205has not been lawfully admitted to the United States shall be
206deemed to be a risk of flight.
207     (d)  The Department of Law Enforcement has authority to
208adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
209the provisions of this subsection.
210     Section 8.  Section 409.954, Florida Statutes, is created
211to read:
212     409.954  Verification of immigration status for public
213benefits.--
214     (1)  Except as provided in subsection (3) or where exempted
215by federal law, each agency and political subdivision of this
216state shall verify the lawful presence in the United States of
217any natural person 14 years of age or older who has applied for
218state or local public benefits as defined in 8 U.S.C. s. 1621 or
219for federal public benefits as defined in 8 U.S.C. s. 1611 that
220are administered by an agency or a political subdivision of this
221state.
222     (2)  The provisions of this section shall be enforced
223without regard to race, religion, gender, ethnicity, or national
224origin.
225     (3)  Verification of lawful presence in the United States
226under the provisions of this section shall not be required:
227     (a)  For any purpose for which lawful presence in the
228United States is not restricted by law, ordinance, or
229regulation;
230     (b)  For assistance for health care items and services that
231are necessary for the treatment of an emergency medical
232condition, as defined in 42 U.S.C. s. 1396b(v)(3), of the alien
233involved and are not related to an organ transplant procedure;
234     (c)  For short-term, noncash, in-kind emergency disaster
235relief;
236     (d)  For public health assistance for immunizations with
237respect to diseases and for testing and treatment of symptoms of
238communicable diseases, whether or not such symptoms are caused
239by a communicable disease;
240     (e)  For programs, services, or assistance such as soup
241kitchens, crisis counseling and intervention, and short-term
242shelter specified by the United States Attorney General, in the
243sole and unreviewable discretion of the United States Attorney
244General after consultation with appropriate federal agencies and
245departments, which:
246     1.  Deliver in-kind services at the community level,
247including through public or private nonprofit agencies;
248     2.  Do not condition the provision of assistance, the
249amount of assistance provided, or the cost of assistance
250provided on the income or resources of the individual recipient;
251and
252     3.  Are necessary for the protection of life or safety; or
253     (f)  For prenatal care.
254     (4)  Verification of lawful presence in the United States
255by the agency or political subdivision required to make such
256verification shall require that the applicant execute an
257affidavit under penalty of perjury that:
258     (a)  He or she is a United States citizen; or
259     (b)  He or she is a qualified alien under the Immigration
260and Nationality Act, 8 U.S.C. ss. 1101 et seq., and is lawfully
261present in the United States.
262     (5)  For any applicant who has executed the affidavit
263described in paragraph (4)(b), eligibility for benefits shall be
264made through the Systematic Alien Verification of Entitlement
265program operated by the United States Department of Homeland
266Security or a successor program designated by that department.
267Until such eligibility verification is made, the affidavit may
268be presumed to be proof of lawful presence for the purposes of
269this section.
270     (6)  Any person who knowingly and willfully makes a false,
271fictitious, or fraudulent statement or representation in an
272affidavit executed pursuant to subsection (4) shall be subject
273to criminal penalties applicable in this state for fraudulently
274obtaining public assistance program benefits. If the affidavit
275constitutes a false claim of United States citizenship under 18
276U.S.C. s. 911, a complaint shall be filed by the agency
277requiring the affidavit with the appropriate United States
278Attorney.
279     (7)  Any agency or political subdivision of this state may
280adopt variations to the requirements of this section that
281demonstrably improve the efficiency or reduce delay in the
282verification process, or to provide for adjudication of unique
283individual circumstances where the verification procedures in
284this section would impose unusual hardship on a legal resident
285of this state.
286     (8)  No agency or political subdivision of this state shall
287provide any state, local, or federal benefit, as defined in 8
288U.S.C. s. 1611 or 8 U.S.C. s. 1621, in violation of this
289section.
290     (9)  Each state agency or department that administers any
291program of state or local public benefits shall provide an
292annual report to the Secretary of Children and Family Services
293with respect to its compliance with the provisions of this
294section. Any and all errors shall be reported to the United
295States Department of Homeland Security by the Secretary of
296Children and Family Services. The secretary shall monitor the
297eligibility verification program used under subsection (5) and
298any verification application errors and significant delays of
299the program and each October 1 shall provide a report to the
300Governor, the President of the Senate, and the Speaker of the
301House of Representatives on the errors and significant delays
302and make recommendations to ensure that the application of the
303program is not erroneously denying benefits to legal residents
304of this state.
305     Section 9.  Section 448.095, Florida Statutes, is created
306to read:
307     448.095  County and municipal worker centers or day-labor
308worker centers; unauthorized aliens; prohibited operation and
309funding.--
310     (1)  "Worker center" or "day-labor worker center" means any
311structure, office, site, or location organized and operated by a
312county or municipality , or organized and operated by a county
313or municipality in partnership with a community organization,
314church or other faith-based organization, law enforcement
315agency, local business or businesses, labor union, or other
316organization, whether or not the county or municipality assumes
317the responsibilities of lead partner, which functions as a labor
318pool, labor hall, or hiring hall at which workers assemble and
319can arrange for employment, from which workers are dispatched,
320and which provides basic accommodations and core regulations for
321workers and employers that include, but are not limited to:
322     (a)  A defined space for workers to assemble.
323     (b)  A job allocation system that imposes order or a hiring
324queue on the labor hiring process.
325     (c)  A required system of registration whereby job seekers
326and employers register with worker center staff.
327     (d)  Fixed minimum wage rates.
328     (e)  Required monitoring of labor standards, employer
329behavior, and work quality.
330     (2)  No county or municipality shall construct, establish,
331maintain, or operate, or provide any resources, revenue, funds,
332or assistance of any kind to, a worker center or day-labor
333worker center as defined in subsection (1) when the center or
334any part thereof knowingly facilitates or knowingly intends to
335facilitate a violation of s. 448.09 by hiring, recruiting, or
336referring, on behalf of the center or on behalf of another, for
337private or public employment within the state, an alien who is
338not duly authorized to work under federal immigration laws or by
339the United States Attorney General.
340     Section 10.  This act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.