| 1 | A bill to be entitled |
| 2 | An act relating to immigration; designating ss. 787.01, |
| 3 | 787.02, 787.025, 787.03, 787.04, 787.05, and 787.06, F.S., |
| 4 | as pt. I of ch. 787, F.S., and providing a title; creating |
| 5 | pt. II of ch. 787, F.S., and providing a title; providing |
| 6 | a short title; providing legislative intent; providing |
| 7 | definitions; prohibiting an official or agency of the |
| 8 | state or of a county, municipality, or other political |
| 9 | subdivision of the state from limiting or restricting the |
| 10 | enforcement of federal immigration laws to less than the |
| 11 | full extent permitted by federal law; requiring that for |
| 12 | any lawful stop, detention, or arrest made by a law |
| 13 | enforcement officer or a law enforcement agency of the |
| 14 | state or of a county, municipality, or other political |
| 15 | subdivision of the state in the enforcement of any law or |
| 16 | ordinance of a county, municipality, or the state where |
| 17 | reasonable suspicion exists that the person stopped, |
| 18 | detained, or arrested is an alien and is unlawfully |
| 19 | present in the United States a reasonable attempt be made |
| 20 | to determine the immigration status of the person; |
| 21 | requiring determination of an arrested person's |
| 22 | immigration status prior to release; providing a method of |
| 23 | verification of immigration status; authorizing a law |
| 24 | enforcement officer or agency of this state or a county, |
| 25 | municipality, or other political subdivision of this state |
| 26 | to obtain access to the federal E-Verify program; |
| 27 | prohibiting the consideration of race, color, or national |
| 28 | origin in implementing such requirements; specifying forms |
| 29 | of identification that constitute a presumption of lawful |
| 30 | presence in the United States; requiring notification of |
| 31 | specified federal immigration authorities of the discharge |
| 32 | from imprisonment of an alien who is unlawfully present in |
| 33 | the United States and who has been convicted of a |
| 34 | violation of state or local law; authorizing law |
| 35 | enforcement agencies to transport an alien who is |
| 36 | confirmed to be unlawfully present in the United States |
| 37 | for transfer into federal custody; requiring judicial |
| 38 | authorization prior to transport; providing accepted |
| 39 | methods of determining an alien's immigration status in |
| 40 | the implementation of the act; prohibiting officials or |
| 41 | agencies of the state and of counties, municipalities, and |
| 42 | other political subdivisions of the state from being |
| 43 | prohibited or in any way restricted from sending, |
| 44 | receiving, or maintaining information relating to the |
| 45 | immigration status of any individual or exchanging that |
| 46 | information with any other federal, state, or local |
| 47 | governmental entity for specified official purposes; |
| 48 | providing that the provisions of the act do not implement, |
| 49 | authorize, or establish the Real ID Act of 2005; |
| 50 | authorizing a legal resident of the state to bring a court |
| 51 | action to challenge any official or agency of the state or |
| 52 | of a county, municipality, or other political subdivision |
| 53 | of the state that adopts or implements a policy that |
| 54 | limits or restricts the enforcement of federal immigration |
| 55 | laws to less than the full extent permitted by federal |
| 56 | law; providing a civil penalty for violation; providing |
| 57 | for deposit of civil penalties; providing for costs and |
| 58 | attorney's fees; requiring indemnification of law |
| 59 | enforcement officers by an employing law enforcement |
| 60 | agency in specified actions; providing requirements with |
| 61 | respect to implementation of the section; providing that |
| 62 | violation of specified federal law constitutes the offense |
| 63 | of willful failure to complete or carry an alien |
| 64 | registration document; providing for determination of an |
| 65 | alien's immigration status; prohibiting consideration of |
| 66 | race, color, or national origin in the enforcement of the |
| 67 | section; providing that a person sentenced under the |
| 68 | section is not eligible for any form of discretionary |
| 69 | early release prior to serving the minimum sentence; |
| 70 | providing applicability; providing for admissibility of |
| 71 | certain records in court; providing penalties; |
| 72 | establishing the offense of smuggling human beings for |
| 73 | profit or commercial purpose; providing penalties; |
| 74 | providing enhanced penalties for the offense of smuggling |
| 75 | human beings for profit or commercial purpose when the |
| 76 | person who is smuggled is under 18 years of age and is not |
| 77 | accompanied by a family member over 18 years of age, or |
| 78 | when the offense involved the use of a deadly weapon or |
| 79 | dangerous instrument; providing enhanced penalties for the |
| 80 | offense of smuggling human beings for profit or commercial |
| 81 | purpose when the offense involves the use or threatened |
| 82 | use of deadly physical force; providing that a person |
| 83 | sentenced for such offense is not eligible for any form of |
| 84 | discretionary early release prior to serving the minimum |
| 85 | sentence; providing that in the enforcement of the section |
| 86 | a law enforcement officer may lawfully stop any person who |
| 87 | is operating a motor vehicle if the officer has reasonable |
| 88 | suspicion to believe the person is in violation of any |
| 89 | civil traffic law; providing definitions; providing that |
| 90 | it is unlawful for an occupant of a motor vehicle that is |
| 91 | stopped on a street, roadway, or highway to attempt to |
| 92 | hire or hire and pick up passengers for work at a |
| 93 | different location if the motor vehicle blocks or impedes |
| 94 | the normal movement of traffic; providing a penalty; |
| 95 | providing that it is unlawful for a person to enter such a |
| 96 | motor vehicle in order to be hired for work by an occupant |
| 97 | of the motor vehicle and then transported to work; |
| 98 | providing a penalty; providing that it is unlawful for a |
| 99 | person who is unlawfully present in the United States and |
| 100 | who is an unauthorized alien to knowingly apply for work, |
| 101 | solicit work in a public place, or perform work as an |
| 102 | employee or independent contractor in this state; |
| 103 | providing a penalty; prohibiting the consideration of |
| 104 | race, color, or national origin in the enforcement of the |
| 105 | section; providing for determination of an alien's |
| 106 | immigration status; providing definitions; prohibiting the |
| 107 | actual or attempted transporting or moving of an alien in |
| 108 | the state in furtherance of the illegal presence of the |
| 109 | alien in the United States in knowing or reckless |
| 110 | disregard of the fact of the alien's unlawful presence; |
| 111 | prohibiting the actual or attempted concealing, harboring, |
| 112 | or shielding of an alien from detection in knowing or |
| 113 | reckless disregard of the fact of the alien's unlawful |
| 114 | presence in the United States; prohibiting encouraging or |
| 115 | inducing an alien to enter or reside in the state in |
| 116 | knowing or reckless disregard of the fact that such entry |
| 117 | or residence is or will be a violation of law; providing |
| 118 | that a means of transportation used in the commission of a |
| 119 | violation of the section is subject to mandatory |
| 120 | immobilization or impoundment; prohibiting the |
| 121 | consideration of race, color, or national origin in the |
| 122 | enforcement of the section; providing for the |
| 123 | determination of an alien's immigration status; providing |
| 124 | nonapplicability; providing a penalty and specifying a |
| 125 | fine; providing an enhanced penalty for violations |
| 126 | involving 10 or more illegal aliens; specifying fines; |
| 127 | prohibiting an employer from knowingly or intentionally |
| 128 | employing an unauthorized alien; providing construction |
| 129 | with respect to such employment by contract, subcontract, |
| 130 | or other independent contractor agreement; requiring the |
| 131 | Attorney General to prescribe a complaint form to allege a |
| 132 | violation of such prohibited employment; providing |
| 133 | procedures and requirements with respect to submission of |
| 134 | complaints and investigation of an alleged violation by |
| 135 | the Attorney General or county attorney; prohibiting the |
| 136 | Attorney General or county attorney from investigating |
| 137 | complaints that are based solely on race, color, or |
| 138 | national origin; providing a penalty for knowingly filing |
| 139 | a false or frivolous complaint; providing specified notice |
| 140 | requirements of the Attorney General or county attorney |
| 141 | when investigating a legitimate complaint; providing for |
| 142 | an action to be brought against an employer by the county |
| 143 | attorney in the county where the unauthorized alien |
| 144 | employee is or was employed; prohibiting actions against |
| 145 | any employer for any violation occurring prior to a |
| 146 | specified date; providing for expedited court actions; |
| 147 | specifying court-ordered penalties for a first violation |
| 148 | of the section, including probation of the employer and |
| 149 | suspension of licenses; specifying court-ordered penalties |
| 150 | for a second violation of the section, including permanent |
| 151 | revocation of licenses; requiring the Attorney General to |
| 152 | maintain copies of court orders and maintain a database; |
| 153 | providing that the Federal Government's determination of |
| 154 | lawful or unlawful presence creates a rebuttable |
| 155 | presumption of the employee's lawful status; providing |
| 156 | that proof of verifying the employment authorization of an |
| 157 | employee through the federal E-Verify program creates a |
| 158 | rebuttable presumption that an employer did not |
| 159 | intentionally employ an unauthorized alien; providing that |
| 160 | an employer that establishes that it has complied in good |
| 161 | faith with specified federal requirements establishes an |
| 162 | affirmative defense that the employer did not |
| 163 | intentionally employ an unauthorized alien; providing that |
| 164 | entrapment is an affirmative defense to a violation by an |
| 165 | employer; specifying requirements with respect to a claim |
| 166 | of and the establishment of entrapment; requiring |
| 167 | employers, after hiring an employee, to verify the |
| 168 | employment eligibility of the employee through the federal |
| 169 | E-Verify program; providing recordkeeping requirements of |
| 170 | employers; requiring employer registration and |
| 171 | participation in the federal E-Verify program as a |
| 172 | precondition to receipt of an economic development |
| 173 | incentive from a government entity; providing procedures |
| 174 | with respect to compliance with the requirement; requiring |
| 175 | repayment to the government entity of all funds received |
| 176 | as an economic development incentive upon determination of |
| 177 | noncompliance; providing definitions; requiring a law |
| 178 | enforcement officer to remove and immobilize or impound a |
| 179 | vehicle if the officer determines that a person is |
| 180 | operating the vehicle while in furtherance of the illegal |
| 181 | presence of an alien in the United States or is |
| 182 | transporting or moving or attempting to transport or move |
| 183 | an alien in this state in a vehicle in knowing or reckless |
| 184 | disregard of the fact that the alien has entered or |
| 185 | remains in the United States in violation of law; |
| 186 | requiring removal and immobilization or impoundment of a |
| 187 | vehicle if the operator is concealing, harboring, or |
| 188 | shielding from detection an alien in this state in a |
| 189 | vehicle in knowing or reckless disregard of the fact that |
| 190 | the alien has entered or remains in the United States in |
| 191 | violation of law; specifying the period of impoundment or |
| 192 | immobilization; providing that specified persons shall be |
| 193 | provided with an opportunity for an immobilization or |
| 194 | poststorage hearing to determine the validity of the |
| 195 | impoundment or immobilization of a vehicle; providing |
| 196 | procedures and requirements with respect to immobilization |
| 197 | or poststorage hearings; providing specified notice |
| 198 | requirements; amending s. 901.15, F.S.; authorizing a law |
| 199 | enforcement officer to arrest a person without a warrant |
| 200 | when the officer has probable cause to believe that the |
| 201 | person to be arrested has committed any public offense |
| 202 | that makes the person removable from the United States; |
| 203 | repealing s. 787.07, F.S., which provides a penalty for |
| 204 | transporting into this state an individual illegally |
| 205 | entering the United States from another country; providing |
| 206 | severability, implementation, and construction of the act; |
| 207 | requiring the Attorney General to act at the direction of |
| 208 | the Governor in any challenge in a state or federal court |
| 209 | to this act and any amendments thereto; authorizing the |
| 210 | Governor to direct counsel other than the Attorney General |
| 211 | to appear on behalf of this state to defend any challenge |
| 212 | to this act and any amendments thereto; providing an |
| 213 | effective date. |
| 214 |
|
| 215 | Be It Enacted by the Legislature of the State of Florida: |
| 216 |
|
| 217 | Section 1. Sections 787.01, 787.02, 787.025, 787.03, |
| 218 | 787.04, 787.05, and 787.06, Florida Statutes, are designated as |
| 219 | part I of chapter 787, Florida Statutes, and entitled |
| 220 | "KIDNAPPING; FALSE IMPRISONMENT; LURING OR ENTICING A CHILD; |
| 221 | CUSTODY OFFENSES." |
| 222 | Section 2. Part II of chapter 787, Florida Statutes, |
| 223 | consisting of sections 787.10, 787.12, 787.14, 787.16, 787.18, |
| 224 | 787.20, 787.22, 787.24, 787.26, 787.28, 787.30, and 787.32, is |
| 225 | created to read: |
| 226 |
|
| 227 | PART II |
| 228 | IMMIGRATION |
| 229 |
|
| 230 | 787.10 Short title.-This part may be cited as the "Florida |
| 231 | Immigration Enforcement Act of 2010." |
| 232 | 787.12 Legislative intent.-The Legislature finds that |
| 233 | there is a compelling interest in the cooperative enforcement of |
| 234 | federal immigration laws throughout all of this state. The |
| 235 | Legislature declares that the intent of this part is to make |
| 236 | attrition through enforcement the public policy of all state and |
| 237 | local government agencies in this state. The provisions of this |
| 238 | part are intended to work together to discourage and deter the |
| 239 | unlawful entry and presence of aliens and economic activity by |
| 240 | persons unlawfully present in the United States. |
| 241 | 787.14 Definitions.-As used in this part: |
| 242 | (1) Except as otherwise specifically provided, the terms |
| 243 | of this part regarding immigration shall be construed to have |
| 244 | the meanings given to them under federal immigration law. |
| 245 | (2) "Law enforcement officer" has the same meaning as |
| 246 | provided in s. 943.10. |
| 247 | 787.16 Cooperation and assistance in enforcement of |
| 248 | immigration laws; indemnification.- |
| 249 | (1) An official or agency of this state or of a county, |
| 250 | municipality, or other political subdivision of this state may |
| 251 | not limit or restrict the enforcement of federal immigration |
| 252 | laws to less than the full extent permitted by federal law. |
| 253 | (2) For any lawful stop, detention, or arrest made by a |
| 254 | law enforcement officer or a law enforcement agency of this |
| 255 | state or of a county, municipality, or other political |
| 256 | subdivision of this state in the enforcement of any other law or |
| 257 | ordinance of a county, municipality, or this state where |
| 258 | reasonable suspicion exists that the person stopped, detained, |
| 259 | or arrested is an alien and is unlawfully present in the United |
| 260 | States, a reasonable attempt shall be made, when practicable, to |
| 261 | determine the immigration status of the person, except if the |
| 262 | determination may hinder or obstruct an investigation. Any |
| 263 | person who is arrested shall have his or her immigration status |
| 264 | determined before he or she is released. The person's |
| 265 | immigration status shall be verified with the Federal Government |
| 266 | pursuant to 8 U.S.C. s. 1373(c). A law enforcement officer or |
| 267 | agency of this state or a county, municipality, or other |
| 268 | political subdivision of this state is authorized to obtain |
| 269 | access to the federal E-Verify program in order to implement the |
| 270 | requirements of this subsection. A law enforcement officer or |
| 271 | agency of this state or a county, municipality, or other |
| 272 | political subdivision of this state may not consider race, |
| 273 | color, or national origin in implementing the requirements of |
| 274 | this subsection except to the extent permitted by the United |
| 275 | States Constitution or the Constitution of the State of Florida. |
| 276 | A person is presumed to not be an alien who is unlawfully |
| 277 | present in the United States if the person provides to the law |
| 278 | enforcement officer or agency any of the following: |
| 279 | (a) A valid Florida driver's license. |
| 280 | (b)1. A valid identification card issued by the Department |
| 281 | of Highway Safety and Motor Vehicles pursuant to s. 322.051, |
| 282 | which includes any identification card issued by the Department |
| 283 | of Highway Safety and Motor Vehicles or its agents; or |
| 284 | 2. Any identification card issued by any state or |
| 285 | jurisdiction that issues identification cards recognized in this |
| 286 | state for the purpose of indicating a person's true name and |
| 287 | age. |
| 288 | (c) Any valid identification issued by the Federal |
| 289 | Government or a state or local government for which the Federal |
| 290 | Government or the issuing state or local government requires |
| 291 | proof of legal presence in the United States as a condition of |
| 292 | issuance. |
| 293 | (3) If an alien who is unlawfully present in the United |
| 294 | States is convicted of a violation of state or local law, upon |
| 295 | his or her discharge from imprisonment or upon the assessment of |
| 296 | any monetary obligation that is imposed, the United States |
| 297 | Immigration and Customs Enforcement or the United States Customs |
| 298 | and Border Protection shall be immediately notified. |
| 299 | (4) Notwithstanding any other law, a law enforcement |
| 300 | agency may securely transport an alien about whom the agency has |
| 301 | received verification confirming his or her unlawful presence in |
| 302 | the United States and who is in the agency's custody to a |
| 303 | federal facility in this state or to any other point of transfer |
| 304 | into federal custody that is outside the jurisdiction of the law |
| 305 | enforcement agency. A law enforcement agency shall obtain |
| 306 | judicial authorization before securely transporting an alien who |
| 307 | is unlawfully present in the United States to a point of |
| 308 | transfer that is outside of this state. |
| 309 | (5) In the implementation of this section, an alien's |
| 310 | immigration status may be determined by: |
| 311 | (a) A law enforcement officer who is authorized by the |
| 312 | Federal Government to verify or ascertain an alien's immigration |
| 313 | status. |
| 314 | (b) The United States Immigration and Customs Enforcement |
| 315 | or the United States Customs and Border Protection pursuant to 8 |
| 316 | U.S.C. s. 1373(c). |
| 317 | (6) Except as provided by federal law, officials or |
| 318 | agencies of this state and of counties, municipalities, and |
| 319 | other political subdivisions of this state may not be prohibited |
| 320 | or in any way restricted from sending, receiving, or maintaining |
| 321 | information relating to the immigration status, whether lawful |
| 322 | or unlawful, of any individual or exchanging that information |
| 323 | with any other federal, state, or local governmental entity for |
| 324 | the following official purposes: |
| 325 | (a) Determining eligibility for any public benefit, |
| 326 | service, or license provided by the Federal Government, this |
| 327 | state, or any local government or other political subdivision of |
| 328 | this state. |
| 329 | (b) Verifying any claim of residence or domicile if |
| 330 | determination of residence or domicile is required under the |
| 331 | laws of this state or a judicial order issued pursuant to a |
| 332 | civil or criminal proceeding in this state. |
| 333 | (c) If the person is an alien, determining whether the |
| 334 | person is in compliance with the federal registration laws |
| 335 | prescribed by Title II, Chapter 7 of the Immigration and |
| 336 | Nationality Act. |
| 337 | (d) Pursuant to 8 U.S.C. ss. 1373(c) and 1644. |
| 338 | (7) This section does not implement, authorize, or |
| 339 | establish and may not be construed to implement, authorize, or |
| 340 | establish the Real ID Act of 2005, Pub. L. No. 109-13, including |
| 341 | the use of radio frequency identification technology. |
| 342 | (8) A person who is a legal resident of this state may |
| 343 | bring an action in the appropriate court in this state to |
| 344 | challenge any official or agency of this state or of a county, |
| 345 | municipality, or other political subdivision of this state that |
| 346 | adopts or implements a policy that limits or restricts the |
| 347 | enforcement of federal immigration laws, including 8 U.S.C. ss. |
| 348 | 1373(c) and 1644, to less than the full extent permitted by |
| 349 | federal law. If there is a judicial finding that an entity has |
| 350 | violated this section, the court shall order the entity to pay a |
| 351 | civil penalty of not less than $500 and not more than $5,000 for |
| 352 | each day that the policy has remained in effect after the filing |
| 353 | of an action pursuant to this subsection. |
| 354 | (9) The court shall collect the civil penalty prescribed |
| 355 | in subsection (8) and deposit the moneys in the Violent Crime |
| 356 | Investigative Emergency and Drug Control Strategy Implementation |
| 357 | Account within the Department of Law Enforcement Operating Trust |
| 358 | Fund pursuant to s. 943.042. |
| 359 | (10) The court may award court costs and reasonable |
| 360 | attorney's fees to any person or any official or agency of this |
| 361 | state or of a county, municipality, or other political |
| 362 | subdivision of this state that prevails by an adjudication on |
| 363 | the merits in a proceeding brought pursuant to this section. |
| 364 | (11) Except in relation to matters in which the officer is |
| 365 | adjudged to have acted in bad faith, a law enforcement officer |
| 366 | shall be indemnified by his or her employing agency against |
| 367 | reasonable costs and expenses, including attorney's fees, |
| 368 | incurred by the officer in connection with any action, suit, or |
| 369 | proceeding brought pursuant to this section in which the officer |
| 370 | may be a defendant by reason of his or her being or having been |
| 371 | a member of the law enforcement agency. |
| 372 | (12) This section shall be implemented in a manner |
| 373 | consistent with federal laws regulating immigration, protecting |
| 374 | the civil rights of all persons, and respecting the privileges |
| 375 | and immunities of United States citizens. |
| 376 | 787.18 Willful failure to complete or carry an alien |
| 377 | registration document; assessment; exception; authenticated |
| 378 | records; classification.- |
| 379 | (1) In addition to any violation of federal law, a person |
| 380 | commits willful failure to complete or carry an alien |
| 381 | registration document if the person is in violation of 8 U.S.C. |
| 382 | s. 1304(e) or s. 1306(a). |
| 383 | (2) In the enforcement of this section, an alien's |
| 384 | immigration status may be determined by: |
| 385 | (a) A law enforcement officer who is authorized by the |
| 386 | Federal Government to verify or ascertain an alien's immigration |
| 387 | status. |
| 388 | (b) The United States Immigration and Customs Enforcement |
| 389 | or the United States Customs and Border Protection pursuant to 8 |
| 390 | U.S.C. s. 1373(c). |
| 391 |
|
| 392 | A law enforcement officer or agency of this state or a county, |
| 393 | municipality, or other political subdivision of this state is |
| 394 | authorized to obtain access to the federal E-Verify program in |
| 395 | order to verify or ascertain an alien's immigration status. |
| 396 | (3) A law enforcement officer or agency of this state or |
| 397 | of a county, municipality, or other political subdivision of |
| 398 | this state may not consider race, color, or national origin in |
| 399 | the enforcement of this section except to the extent permitted |
| 400 | by the United States Constitution or the Constitution of the |
| 401 | State of Florida. |
| 402 | (4) A person sentenced under this section is not eligible |
| 403 | for any form of discretionary early release, other than pardon |
| 404 | or executive clemency, or conditional medical release under s. |
| 405 | 947.149, prior to serving the minimum sentence. |
| 406 | (5) This section does not apply to a person who maintains |
| 407 | authorization from the Federal Government to remain in the |
| 408 | United States. |
| 409 | (6) Any record that relates to the immigration status of a |
| 410 | person is admissible in any court without further foundation or |
| 411 | testimony from a custodian of records if the record is certified |
| 412 | as authentic by the government agency that is responsible for |
| 413 | maintaining the record. |
| 414 | (7) A violation of this section is a misdemeanor of the |
| 415 | second degree, punishable as provided in s. 775.082 and by a |
| 416 | fine not to exceed $100, and: |
| 417 | (a) For a first violation, a term of imprisonment not to |
| 418 | exceed 20 days in a county or municipal detention facility. |
| 419 | (b) For a second violation, a term of imprisonment not to |
| 420 | exceed 30 days in a county or municipal detention facility. |
| 421 | 787.20 Smuggling of human beings; classification; |
| 422 | definitions.- |
| 423 | (1)(a) It is unlawful for a person to: |
| 424 | 1. Intentionally engage in or attempt to engage in; |
| 425 | 2. Intentionally cause or solicit another person to engage |
| 426 | in or attempt to cause or solicit another person to engage in; |
| 427 | 3. Conspire to engage in; or |
| 428 | 4. Facilitate or further |
| 429 |
|
| 430 | the smuggling of human beings for profit or commercial purpose. |
| 431 | (b) Except as provided in subsection (2), a person who |
| 432 | violates paragraph (a) commits a felony of the third degree, |
| 433 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 434 | (2) A person who violates paragraph (1)(a): |
| 435 | (a)1. When the human being who is smuggled is under 18 |
| 436 | years of age and is not accompanied by a family member over 18 |
| 437 | years of age; or |
| 438 | 2. When the offense involved the use of a deadly weapon or |
| 439 | dangerous instrument, |
| 440 |
|
| 441 | commits a felony of the second degree, punishable as provided in |
| 442 | s. 775.082, s. 775.083, or s. 775.084. A person sentenced under |
| 443 | this paragraph is not eligible for any form of discretionary |
| 444 | early release, other than pardon or executive clemency, or |
| 445 | conditional medical release under s. 947.149, prior to serving |
| 446 | the minimum sentence. |
| 447 | (b) When the offense involves the use or threatened use of |
| 448 | deadly physical force, commits a felony of the first degree, |
| 449 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 450 | A person sentenced under this paragraph is not eligible for |
| 451 | statutory gain-time under s. 944.275 or any form of |
| 452 | discretionary early release, other than pardon or executive |
| 453 | clemency, or conditional medical release under s. 947.149, prior |
| 454 | to serving the minimum sentence. |
| 455 | (3) Notwithstanding any other law, in the enforcement of |
| 456 | this section a law enforcement officer may lawfully stop any |
| 457 | person who is operating a motor vehicle if the officer has |
| 458 | reasonable suspicion to believe the person is in violation of |
| 459 | any civil traffic law. |
| 460 | (4) For the purposes of this section, the tem: |
| 461 | (a) "Drop house" means property or real property that is |
| 462 | used to facilitate the smuggling of human beings. |
| 463 | (b) "Family member" means the person's parent, |
| 464 | grandparent, sibling, or any other person who is related to the |
| 465 | person by consanguinity or affinity within the second degree. |
| 466 | (c) "Procurement of transportation" means any |
| 467 | participation in or facilitation of transportation and includes: |
| 468 | 1. Providing services that facilitate transportation, |
| 469 | including travel arrangement services or money transmission |
| 470 | services. |
| 471 | 2. Providing property that facilitates transportation, |
| 472 | including: |
| 473 | a. A weapon. |
| 474 | b. A vehicle or other means of transportation. |
| 475 | c. False identification. |
| 476 | d. Selling, leasing, renting, or otherwise making |
| 477 | available a drop house. |
| 478 | (d) "Smuggling of human beings" means the transportation, |
| 479 | procurement of transportation, or use of property or real |
| 480 | property by a person or an entity that knows or has reason to |
| 481 | know that the person or persons transported or to be transported |
| 482 | are: |
| 483 | 1. Not United States citizens, permanent resident aliens, |
| 484 | or persons otherwise lawfully in this state; or |
| 485 | 2. Have attempted to enter, entered, or remained in the |
| 486 | United States in violation of law. |
| 487 | 787.22 Unlawful stopping to hire and pick up passengers |
| 488 | for work; unlawful application, solicitation, or employment; |
| 489 | classification; definitions.- |
| 490 | (1) It is unlawful for an occupant of a motor vehicle that |
| 491 | is stopped on a street, roadway, or highway to attempt to hire |
| 492 | or hire and pick up passengers for work at a different location |
| 493 | if the motor vehicle blocks or impedes the normal movement of |
| 494 | traffic. |
| 495 | (2) It is unlawful for a person to enter a motor vehicle |
| 496 | that is stopped on a street, roadway, or highway in order to be |
| 497 | hired for work by an occupant of the motor vehicle and to be |
| 498 | transported to work at a different location if the motor vehicle |
| 499 | blocks or impedes the normal movement of traffic. |
| 500 | (3) It is unlawful for a person who is unlawfully present |
| 501 | in the United States and who is an unauthorized alien to |
| 502 | knowingly apply for work, solicit work in a public place, or |
| 503 | perform work as an employee or independent contractor in this |
| 504 | state. |
| 505 | (4) A law enforcement officer or agency of this state or a |
| 506 | county, municipality, or other political subdivision of this |
| 507 | state may not consider race, color, or national origin in the |
| 508 | enforcement of this section except to the extent permitted by |
| 509 | the Constitution of the United States or the Constitution of the |
| 510 | State of Florida. |
| 511 | (5) In the enforcement of this section, an alien's |
| 512 | immigration status may be determined by: |
| 513 | (a) A law enforcement officer who is authorized by the |
| 514 | Federal Government to verify or ascertain an alien's immigration |
| 515 | status. |
| 516 | (b) The United States Immigration and Customs Enforcement |
| 517 | or the United States Customs and Border Protection pursuant to 8 |
| 518 | U.S.C. s. 1373(c). |
| 519 |
|
| 520 | A law enforcement officer or agency of this state or a county, |
| 521 | municipality, or other political subdivision of this state is |
| 522 | authorized to obtain access to the federal E-Verify program in |
| 523 | order to verify or ascertain an alien's immigration status. |
| 524 | (6) A violation of this section is a misdemeanor of the |
| 525 | first degree, punishable as provided in s. 775.082 or s. |
| 526 | 775.083. |
| 527 | (7) For the purposes of this section, the term: |
| 528 | (a) "Solicit" means verbal communication, or nonverbal |
| 529 | communication by a gesture or a nod, that would indicate to a |
| 530 | reasonable person that an individual: |
| 531 | 1. Wishes to hire a person to perform work; or |
| 532 | 2. Is willing to accept an offer of employment. |
| 533 | (b) "Unauthorized alien" means an alien who does not have |
| 534 | the legal right or authorization under federal law to work in |
| 535 | the United States as described in 8 U.S.C. s. 1324a(h)(3). |
| 536 | 787.24 Unlawful transporting, moving, concealing, |
| 537 | harboring, or shielding of unlawful aliens; vehicle impoundment; |
| 538 | exception; classification.- |
| 539 | (1) It is unlawful for a person to: |
| 540 | (a) Transport or move, or attempt to transport or move, an |
| 541 | alien in this state in furtherance of the illegal presence of |
| 542 | the alien in the United States in a means of transportation if |
| 543 | the person knows or recklessly disregards the fact that the |
| 544 | alien has come to, has entered, or remains in the United States |
| 545 | in violation of law. |
| 546 | (b) Conceal, harbor, or shield, or attempt to conceal, |
| 547 | harbor, or shield, an alien from detection in any place in this |
| 548 | state, including any building or any means of transportation, if |
| 549 | the person knows or recklessly disregards the fact that the |
| 550 | alien has come to, has entered, or remains in the United States |
| 551 | in violation of law. |
| 552 | (c) Encourage or induce an alien to come to, enter, or |
| 553 | reside in this state if the person knows or recklessly |
| 554 | disregards the fact that such coming to, entering, or residing |
| 555 | in this state is or will be in violation of law. |
| 556 | (2) A means of transportation that is used in the |
| 557 | commission of a violation of this section is subject to |
| 558 | mandatory vehicle immobilization or impoundment. |
| 559 | (3) A law enforcement officer or agency of this state or a |
| 560 | county, municipality, or other political subdivision of this |
| 561 | state may not consider race, color, or national origin in the |
| 562 | enforcement of this section except to the extent permitted by |
| 563 | the Constitution of the United States or the Constitution of the |
| 564 | State of Florida. |
| 565 | (4) In the enforcement of this section, an alien's |
| 566 | immigration status may be determined by: |
| 567 | (a) A law enforcement officer who is authorized by the |
| 568 | Federal Government to verify or ascertain an alien's immigration |
| 569 | status. |
| 570 | (b) The United States Immigration and Customs Enforcement |
| 571 | or the United States Customs and Border Protection pursuant to 8 |
| 572 | U.S.C. s. 1373(c). |
| 573 |
|
| 574 | A law enforcement officer or agency of this state or a county, |
| 575 | municipality, or other political subdivision of this state is |
| 576 | authorized to obtain access to the federal E-Verify program in |
| 577 | order to verify or ascertain an alien's immigration status. |
| 578 | (5) This section does not apply to: |
| 579 | (a) A child protective services worker acting in his or |
| 580 | her official capacity; |
| 581 | (b) A person who is acting in the capacity of a first |
| 582 | responder; or |
| 583 | (c) An ambulance attendant or an emergency medical |
| 584 | technician who is transporting or moving an alien in this state. |
| 585 | (6)(a) A person who violates this section commits a |
| 586 | misdemeanor of the first degree, punishable as provided in s. |
| 587 | 775.082 or s. 775.083. Any person sentenced under this paragraph |
| 588 | shall be ordered to pay a minimum fine of $1,000 in addition to |
| 589 | any other penalty imposed by the court. |
| 590 | (b) A person who violates this section when the violation |
| 591 | involves 10 or more illegal aliens commits a felony of the third |
| 592 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 593 | 775.084. Any person sentenced under this paragraph shall be |
| 594 | ordered to pay a minimum fine of $1,000 for each alien involved |
| 595 | in the violation in addition to any other penalty imposed by the |
| 596 | court. |
| 597 | 787.26 Knowingly or intentionally employing an |
| 598 | unauthorized alien; prohibition; false or frivolous complaints; |
| 599 | violation; classification; license suspension and revocation; |
| 600 | affirmative defense.- |
| 601 | (1) An employer may not knowingly or intentionally employ |
| 602 | an unauthorized alien. If, in the case when an employer uses a |
| 603 | contract, subcontract, or other independent contractor agreement |
| 604 | to obtain the labor of an alien in this state, the employer |
| 605 | intentionally contracts with an unauthorized alien or with a |
| 606 | person who employs or contracts with an unauthorized alien to |
| 607 | perform the labor, the employer violates this subsection. |
| 608 | (2) The Attorney General shall prescribe a complaint form |
| 609 | for a person to allege a violation of subsection (1). The |
| 610 | complainant may not be required to list his or her social |
| 611 | security number on the complaint form or to have the complaint |
| 612 | form notarized. Upon receipt of a complaint on a prescribed |
| 613 | complaint form that an employer allegedly intentionally employs |
| 614 | an unauthorized alien, the Attorney General or county attorney |
| 615 | shall investigate whether the employer has violated subsection |
| 616 | (1). If a complaint is received but is not submitted on a |
| 617 | prescribed complaint form, the Attorney General or county |
| 618 | attorney may investigate whether the employer has violated |
| 619 | subsection (1). This subsection may not be construed to prohibit |
| 620 | the filing of anonymous complaints that are not submitted on a |
| 621 | prescribed complaint form. The Attorney General or county |
| 622 | attorney may not investigate complaints that are based solely on |
| 623 | race, color, or national origin. A complaint that is submitted |
| 624 | to a county attorney shall be submitted to the county attorney |
| 625 | in the county in which the alleged unauthorized alien is or was |
| 626 | employed by the employer. The county sheriff or any other local |
| 627 | law enforcement agency may assist in investigating a complaint. |
| 628 | When investigating a complaint, the Attorney General or county |
| 629 | attorney shall verify the work authorization of the alleged |
| 630 | unauthorized alien with the Federal Government pursuant to 8 |
| 631 | U.S.C. s. 1373(c). A state, county, or local official may not |
| 632 | attempt to independently make a final determination on whether |
| 633 | an alien is authorized to work in the United States. An alien's |
| 634 | immigration status or work authorization status shall be |
| 635 | verified with the Federal Government pursuant to 8 U.S.C. s. |
| 636 | 1373(c). A person who knowingly files a false or frivolous |
| 637 | complaint under this subsection commits a misdemeanor of the |
| 638 | second degree, punishable as provided in s. 775.082 or s |
| 639 | 775.083. |
| 640 | (3) If, after an investigation, the Attorney General or |
| 641 | county attorney determines that the complaint is not false or |
| 642 | frivolous: |
| 643 | (a) The Attorney General or county attorney shall notify |
| 644 | the United States Immigration and Customs Enforcement of the |
| 645 | unauthorized alien. |
| 646 | (b) The Attorney General or county attorney shall notify |
| 647 | the local law enforcement agency of the unauthorized alien. |
| 648 | (c) The Attorney General shall notify the appropriate |
| 649 | county attorney to bring an action pursuant to subsection (4) if |
| 650 | the complaint was originally filed with the Attorney General. |
| 651 | (4) An action for a violation of subsection (1) shall be |
| 652 | brought against the employer by the county attorney in the |
| 653 | county where the unauthorized alien employee is or was employed |
| 654 | by the employer. The county attorney may not bring an action |
| 655 | against any employer for any violation of subsection (1) that |
| 656 | occurs before October 1, 2010. A second violation of this |
| 657 | section shall be based only on the employment of an unauthorized |
| 658 | alien who is or was knowingly or intentionally employed by the |
| 659 | employer after an action has been brought for a violation of |
| 660 | subsection (1). |
| 661 | (5) For any court action under this section, the court |
| 662 | shall expedite the action, including assigning the hearing at |
| 663 | the earliest practicable date. |
| 664 | (6) Upon a finding of a violation of subsection (1): |
| 665 | (a) For a first violation, as described in subparagraph |
| 666 | (c)1., the court shall: |
| 667 | 1. Order the employer to terminate the employment of all |
| 668 | unauthorized aliens. |
| 669 | 2. Order the employer to be subject to a 5-year |
| 670 | probationary period for the business location where the |
| 671 | unauthorized alien performed work. During the probationary |
| 672 | period the employer shall file with the county attorney |
| 673 | quarterly reports containing the information prescribed in s. |
| 674 | 409.2576(3) with respect to each new employee who is hired by |
| 675 | the employer at the business location where the unauthorized |
| 676 | alien performed work. |
| 677 | 3. Order the appropriate agency or agencies to suspend all |
| 678 | licenses described in subparagraph 4. that are held by the |
| 679 | employer for a minimum of 10 days. The court shall base its |
| 680 | decision on the length of the suspension under this subparagraph |
| 681 | on any evidence or information submitted to it during the action |
| 682 | for a violation of this subsection and shall consider the |
| 683 | following factors, if relevant: |
| 684 | a. The number of unauthorized aliens employed by the |
| 685 | employer. |
| 686 | b. Any prior misconduct by the employer. |
| 687 | c. The degree of harm resulting from the violation. |
| 688 | d. Whether the employer made good-faith efforts to comply |
| 689 | with any applicable requirements. |
| 690 | e. The duration of the violation. |
| 691 | f. The role of the directors, officers, or principals of |
| 692 | the employer in the violation. |
| 693 | g. Any other factors the court deems appropriate. |
| 694 | 4. Order the employer to file a signed sworn affidavit |
| 695 | with the county attorney. The affidavit shall state that the |
| 696 | employer has terminated the employment of all unauthorized |
| 697 | aliens in this state and that the employer will not |
| 698 | intentionally or knowingly employ an unauthorized alien in this |
| 699 | state. If the employer fails to file a signed sworn affidavit |
| 700 | with the county attorney within 3 business days after the order |
| 701 | is issued, the court shall order the appropriate agency or |
| 702 | agencies to suspend all licenses subject to this subparagraph |
| 703 | that are held by the employer. All licenses that are suspended |
| 704 | under this subparagraph for failure to file a signed sworn |
| 705 | affidavit shall remain suspended until the employer files a |
| 706 | signed sworn affidavit with the county attorney. For the |
| 707 | purposes of this subparagraph, the licenses that are subject to |
| 708 | suspension are all licenses that are held by the employer |
| 709 | specific to the business location where the unauthorized alien |
| 710 | performed work. If the employer does not hold a license specific |
| 711 | to the business location where the unauthorized alien performed |
| 712 | work, but a license is necessary to operate the employer's |
| 713 | business in general, the licenses that are subject to suspension |
| 714 | under this subparagraph are all licenses that are held by the |
| 715 | employer at the employer's primary place of business. Upon |
| 716 | receipt of the court's order and notwithstanding any other law, |
| 717 | the appropriate agencies shall suspend the licenses according to |
| 718 | the court's order. The court shall send a copy of the court's |
| 719 | order to the Attorney General and the Attorney General shall |
| 720 | maintain the copy pursuant to subsection (7). |
| 721 | (b) For a second violation, as described in subparagraph |
| 722 | (c)2., the court shall order the appropriate agencies to |
| 723 | permanently revoke all licenses that are held by the employer |
| 724 | specific to the business location where the unauthorized alien |
| 725 | performed work. If the employer does not hold a license specific |
| 726 | to the business location where the unauthorized alien performed |
| 727 | work, but a license is necessary to operate the employer's |
| 728 | business in general, the court shall order the appropriate |
| 729 | agencies to permanently revoke all licenses that are held by the |
| 730 | employer at the employer's primary place of business. Upon |
| 731 | receipt of the order and notwithstanding any other law, the |
| 732 | appropriate agencies shall immediately revoke the licenses. |
| 733 | (c) The violation shall be considered: |
| 734 | 1. A first violation by an employer at a business location |
| 735 | if the violation did not occur during a probationary period |
| 736 | ordered by the court under this subsection for that employer's |
| 737 | business location. |
| 738 | 2. A second violation by an employer at a business |
| 739 | location if the violation occurred during a probationary period |
| 740 | ordered by the court under this subsection for that employer's |
| 741 | business location. |
| 742 | (7) The Attorney General shall maintain copies of court |
| 743 | orders that are received pursuant to subsection (6) and shall |
| 744 | maintain a database of the employers and business locations that |
| 745 | have a first violation of subsection (1) and make the court |
| 746 | orders available on the Attorney General's website. |
| 747 | (8) Upon determining whether an employee is an |
| 748 | unauthorized alien, the court shall consider only the Federal |
| 749 | Government's determination pursuant to 8 U.S.C. s. 1373(c). The |
| 750 | Federal Government's determination creates a rebuttable |
| 751 | presumption of the employee's lawful status. The court may take |
| 752 | judicial notice of the Federal Government's determination and |
| 753 | may request the Federal Government to provide automated or |
| 754 | testimonial verification pursuant to 8 U.S.C. s. 1373(c). |
| 755 | (9) For the purposes of this section, proof of verifying |
| 756 | the employment authorization of an employee through the federal |
| 757 | E-Verify program operated by the United States Department of |
| 758 | Homeland Security creates a rebuttable presumption that an |
| 759 | employer did not intentionally employ an unauthorized alien. |
| 760 | (10) For the purposes of this section, an employer that |
| 761 | establishes that it has complied in good faith with the |
| 762 | requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative |
| 763 | defense that the employer did not intentionally employ an |
| 764 | unauthorized alien. An employer is considered to have complied |
| 765 | with the requirements of 8 U.S.C. s. 1324a(b), notwithstanding |
| 766 | an isolated, sporadic, or accidental technical or procedural |
| 767 | failure to meet the requirements, if there is a good-faith |
| 768 | attempt to comply with the requirements. |
| 769 | (11) It is an affirmative defense to a violation of |
| 770 | subsection (1) that the employer was entrapped. To claim |
| 771 | entrapment, the employer must admit by the employer's testimony |
| 772 | or other evidence the substantial elements of the violation. An |
| 773 | employer who asserts an entrapment defense has the burden of |
| 774 | proving the following by a preponderance of the evidence: |
| 775 | (a) The idea of committing the violation started with law |
| 776 | enforcement officers or their agents rather than with the |
| 777 | employer. |
| 778 | (b) The law enforcement officers or their agents urged and |
| 779 | induced the employer to commit the violation. |
| 780 | (c) The employer was not predisposed to commit the |
| 781 | violation before the law enforcement officers or their agents |
| 782 | urged and induced the employer to commit the violation. |
| 783 | (12) An employer does not establish entrapment if the |
| 784 | employer was predisposed to violate subsection (1) and the law |
| 785 | enforcement officers or their agents merely provided the |
| 786 | employer with an opportunity to commit the violation. It is not |
| 787 | entrapment for law enforcement officers or their agents merely |
| 788 | to use a ruse or to conceal their identity. The conduct of law |
| 789 | enforcement officers and their agents may be considered in |
| 790 | determining if an employer has proven entrapment. |
| 791 | 787.28 Verification of employment eligibility; federal E- |
| 792 | Verify program; economic development incentives; list of |
| 793 | registered employers.- |
| 794 | (1) Beginning October 1, 2010, every employer, after |
| 795 | hiring an employee, shall verify the employment eligibility of |
| 796 | the employee through the federal E-Verify program and shall keep |
| 797 | a record of the verification for the duration of the employee's |
| 798 | employment or at least 3 years, whichever is longer. |
| 799 | (2)(a) In addition to any other requirement for an |
| 800 | employer to receive an economic development incentive from a |
| 801 | government entity, the employer shall register with and |
| 802 | participate in the federal E-Verify program. Before receiving |
| 803 | the economic development incentive, the employer shall provide |
| 804 | proof to the government entity that the employer is registered |
| 805 | with and is participating in the E-Verify program. If the |
| 806 | government entity determines that the employer is not complying |
| 807 | with this subsection, the government entity shall notify the |
| 808 | employer by certified mail of the entity's determination of |
| 809 | noncompliance and the employer's right to appeal the |
| 810 | determination. On a final determination of noncompliance, the |
| 811 | employer shall repay all moneys received as an economic |
| 812 | development incentive to the government entity within 30 days |
| 813 | after the final determination. |
| 814 | (b) For the purposes of this subsection, the term: |
| 815 | 1. "Economic development incentive" means any grant, loan, |
| 816 | or performance-based incentive from any government entity that |
| 817 | is awarded after October 1, 2010, but does not include any tax |
| 818 | provision under chapters 192-221. |
| 819 | 2. "Government entity" means this state and any political |
| 820 | subdivision of this state that receives and uses tax revenues. |
| 821 | (3) Every 3 months the Attorney General shall request from |
| 822 | the United States Department of Homeland Security a list of |
| 823 | employers from this state that are registered with the federal |
| 824 | E-Verify program. Upon receipt of the list of employers, the |
| 825 | Attorney General shall make the list available on the Attorney |
| 826 | General's website. |
| 827 | 787.30 Removal and immobilization or impoundment of |
| 828 | vehicle.- |
| 829 | (1) A law enforcement officer shall cause the removal and |
| 830 | either immobilization or impoundment of a vehicle if the officer |
| 831 | determines that a person is operating the vehicle while any of |
| 832 | the following applies: |
| 833 | (a) In furtherance of the illegal presence of an alien in |
| 834 | the United States and in violation of a criminal offense, the |
| 835 | person is transporting or moving, or attempting to transport or |
| 836 | move, an alien in this state in a vehicle in knowing or reckless |
| 837 | disregard of the fact that the alien has come to, entered, or |
| 838 | remains in the United States in violation of law. |
| 839 | (b) The person is concealing, harboring, or shielding from |
| 840 | detection, or attempting to conceal, harbor, or shield from |
| 841 | detection, an alien in this state in a vehicle in knowing or |
| 842 | reckless disregard of the fact that the alien has come to, |
| 843 | entered, or remains in the United States in violation of law. |
| 844 |
|
| 845 | A law enforcement officer is authorized to obtain access to the |
| 846 | federal E-Verify program in order to implement the requirements |
| 847 | of this subsection. |
| 848 | (2) A vehicle that is removed and either immobilized or |
| 849 | impounded pursuant to subsection (1) shall be immobilized or |
| 850 | impounded for 30 days. An insurance company does not have a duty |
| 851 | to pay any benefits for charges or fees for such immobilization |
| 852 | or impoundment. |
| 853 | (3) The owner of a vehicle that is removed and either |
| 854 | immobilized or impounded pursuant to subsection (1), the spouse |
| 855 | of the owner, and each person identified on the Department of |
| 856 | Highway Safety and Motor Vehicle's record with an interest in |
| 857 | the vehicle shall be provided with an opportunity for an |
| 858 | immobilization or poststorage hearing pursuant to s. 787.32. |
| 859 | 787.32 Immobilization or poststorage hearings.- |
| 860 | (1) If a law enforcement officer removes and immobilizes |
| 861 | or impounds a vehicle pursuant to s. 787.30, the immobilizing or |
| 862 | impounding agency may provide the owner, the spouse of the |
| 863 | owner, and any other person identified on the Department of |
| 864 | Highway Safety and Motor Vehicle's record as having an interest |
| 865 | in the vehicle with the opportunity for an immobilization or |
| 866 | poststorage hearing to determine the validity of the |
| 867 | immobilization or storage or consider any mitigating |
| 868 | circumstances relating to the immobilization or storage or |
| 869 | release of the vehicle before the end of the 30-day |
| 870 | immobilization or impoundment period. If the immobilizing or |
| 871 | impounding agency provides the opportunity for an immobilization |
| 872 | or poststorage hearing, the immobilizing or impounding agency |
| 873 | shall conduct the hearing: |
| 874 | (a) In the immobilizing or impounding agency's |
| 875 | jurisdiction; |
| 876 | (b) Telephonically; or |
| 877 | (c) Pursuant to procedures prescribed by the immobilizing |
| 878 | or impounding agency to transfer the authority to conduct the |
| 879 | immobilization or poststorage hearing to a law enforcement |
| 880 | agency in the jurisdiction in which the owner, the spouse of the |
| 881 | owner, the owner's agent, or any person identified in the |
| 882 | department's record as having an interest in the vehicle |
| 883 | resides. |
| 884 | (2) If the immobilizing or impounding agency does not |
| 885 | provide an opportunity for an immobilization or poststorage |
| 886 | hearing, a court shall conduct the immobilization or poststorage |
| 887 | hearing. If an immobilization or poststorage hearing is |
| 888 | conducted by a court, the immobilizing or impounding agency |
| 889 | shall appear and show evidence. |
| 890 | (3) Within 3 business days after immobilization or |
| 891 | impoundment, excluding weekends and holidays, the immobilizing |
| 892 | or impounding agency shall send a notice of storage by first |
| 893 | class mail to each person, other than the owner, identified on |
| 894 | the department's record as having an interest in the vehicle. |
| 895 | Service of notice of immobilization or storage is complete on |
| 896 | mailing. If the immobilizing or impounding agency fails to |
| 897 | notify a person, other than the owner, identified on the |
| 898 | department's record as having an interest in the vehicle within |
| 899 | 3 business days after immobilization or impoundment, excluding |
| 900 | weekends and holidays, the immobilizing agency or the person in |
| 901 | possession of the vehicle may not charge any administrative fees |
| 902 | or more than 15 days' immobilization or impoundment charge when |
| 903 | the person redeems the impounded vehicle or has the |
| 904 | immobilization device removed from the vehicle. |
| 905 | (4) Within 3 business days after immobilization or |
| 906 | impoundment, excluding weekends and holidays, the immobilizing |
| 907 | or impounding agency shall mail or personally deliver notice of |
| 908 | immobilization or storage to the owner of the vehicle. |
| 909 | (5) The notice of immobilization or storage shall include |
| 910 | the following information: |
| 911 | (a) A statement that the vehicle was immobilized or |
| 912 | impounded. |
| 913 | (b) The name, address, and telephone number of the |
| 914 | immobilizing or impounding agency providing the notice. |
| 915 | (c) The name, address and telephone number of the |
| 916 | immobilizing or impounding agency or court that will provide the |
| 917 | immobilization or poststorage hearing. |
| 918 | (d) The location of the place of storage and a description |
| 919 | of the vehicle, including, if available, the manufacturer, |
| 920 | model, license plate number, and mileage of the vehicle. |
| 921 | (e) A statement that in order to receive an immobilization |
| 922 | or poststorage hearing, the owner, the spouse of the owner, the |
| 923 | owner's agent, or the person identified in the department's |
| 924 | record as having an interest in the vehicle, within 10 days |
| 925 | after the date on the notice, shall request an immobilization or |
| 926 | poststorage hearing by contacting the immobilizing or impounding |
| 927 | agency in person or in writing or by filing a request with the |
| 928 | court if the impounding agency does not provide for a hearing |
| 929 | and paying a fee. |
| 930 | (f) A statement that if the immobilizing or impounding |
| 931 | agency does not provide the opportunity for an immobilization or |
| 932 | poststorage hearing, the owner, the spouse of the owner, the |
| 933 | owner's agent, or any person identified in the department's |
| 934 | record as having an interest in the vehicle may request that the |
| 935 | immobilization or poststorage hearing be conducted by the court |
| 936 | in the immobilizing or impounding agency's jurisdiction or the |
| 937 | jurisdiction in which the owner, the spouse of the owner, the |
| 938 | owner's agent, or the person identified in the department's |
| 939 | record as having an interest in the vehicle resides. |
| 940 | (6) The immobilization or poststorage hearing shall be |
| 941 | conducted by the immobilizing or impounding agency or court |
| 942 | within 5 business days, excluding weekends and holidays, after |
| 943 | receipt of the request. |
| 944 | (7) Failure of the owner, the spouse of the owner, or |
| 945 | other person, or the other person's agent to request an |
| 946 | immobilization or poststorage hearing within 10 days after the |
| 947 | date on the notice prescribed in subsection (5) or to attend a |
| 948 | scheduled hearing satisfies the immobilization or poststorage |
| 949 | hearing requirement. |
| 950 | (8) The immobilizing or impounding agency employing the |
| 951 | person who directed the immobilization or storage is responsible |
| 952 | for the costs incurred for immobilization, towing, and storage |
| 953 | if it is determined in the immobilization or poststorage hearing |
| 954 | that reasonable grounds for the immobilization or impoundment |
| 955 | and storage are not established. |
| 956 | (9) In compliance with the requirements of this section, |
| 957 | the vehicle owner, the vehicle owner's spouse, or other person |
| 958 | having an interest in the vehicle shall have an opportunity for |
| 959 | a single poststorage hearing for the release of the vehicle by |
| 960 | either the immobilizing or impounding agency or a court but not |
| 961 | both. |
| 962 | Section 3. Subsection (16) is added to section 901.15, |
| 963 | Florida Statutes, to read: |
| 964 | 901.15 When arrest by officer without warrant is lawful.-A |
| 965 | law enforcement officer may arrest a person without a warrant |
| 966 | when: |
| 967 | (16) The officer has determined that he or she has |
| 968 | probable cause to believe that the person to be arrested has |
| 969 | committed any public offense that makes the person removable |
| 970 | from the United States. |
| 971 | Section 4. Section 787.07, Florida Statutes, is repealed. |
| 972 | Section 5. Severability; implementation; construction.- |
| 973 | (1) If any provision of this act or its application to any |
| 974 | person or circumstance is held invalid, the invalidity does not |
| 975 | affect other provisions or applications of the act that can be |
| 976 | given effect without the invalid provision or application, and |
| 977 | to this end the provisions of this act are severable. |
| 978 | (2) This act shall be implemented in a manner consistent |
| 979 | with federal laws regulating immigration, protecting the civil |
| 980 | rights of all persons, and respecting the privileges and |
| 981 | immunities of United States citizens. |
| 982 | (3) Nothing in this act implements or shall be construed |
| 983 | or interpreted to implement or establish the Real ID Act of |
| 984 | 2005, Pub. L. 109-13, including the use of radio frequency |
| 985 | identification technology. |
| 986 | Section 6. Immigration legislation challenges.- |
| 987 | (1) Notwithstanding any other law, the Attorney General |
| 988 | shall act at the direction of the Governor in any challenge in a |
| 989 | state or federal court to this act and any amendments thereto. |
| 990 | (2) Notwithstanding any other law, the Governor may direct |
| 991 | counsel other than the Attorney General to appear on behalf of |
| 992 | this state to defend any challenge to this act and any |
| 993 | amendments thereto. |
| 994 | Section 7. This act shall take effect October 1, 2010. |