Florida Senate - 2011 SB 136 By Senator Bennett 21-00003-11 2011136__ 1 A bill to be entitled 2 An act relating to the enforcement of immigration 3 laws; creating s. 943.0536, F.S.; providing 4 legislative intent; prohibiting the state or its 5 political subdivisions from limiting or restricting 6 the enforcement of immigration laws; requiring a law 7 enforcement officer to request citizenship information 8 under certain circumstances; authorizing a law 9 enforcement agency to transport an alien to a federal 10 facility; requiring judicial authorization for the 11 transfer of an alien outside the state; allowing 12 governmental entities to share information regarding 13 citizenship; authorizing citizens to sue the state or 14 a political subdivision of the state if the state or 15 political subdivision is restricting the enforcement 16 of federal immigration laws; providing for recovery of 17 attorney’s fees; providing for criminal penalties; 18 prohibiting the probation or release of an alien who 19 does not possess registration documents; requiring 20 that the act be implemented consistent with federal 21 law; prohibiting law enforcement officers from using 22 race as a determining factor in an assessment under 23 the act; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 943.0536, Florida Statutes, is created 28 to read: 29 943.0536 Enforcement of immigration laws.— 30 (1) The Legislature finds that there is a compelling 31 interest in the cooperative enforcement of federal immigration 32 laws throughout this state. The section is intended to 33 discourage and deter the unlawful entry and presence of aliens 34 in this state and the economic activity by persons unlawfully 35 present in this state. 36 (2) An official or agency of the state or a political 37 subdivision of the state may not limit or restrict the 38 enforcement of federal immigration laws to less than the full 39 extent permitted by federal law. 40 (3)(a) If, during a lawful stop, detention, or arrest made 41 by a law enforcement officer of this state or a political 42 subdivision of this state made to enforce any law or ordinance 43 of the state or a political subdivision, reasonable suspicion 44 exists that the person stopped, detained, or arrested is an 45 alien and is unlawfully present in the United States, a 46 reasonable attempt shall be made, when practicable, to determine 47 the immigration status of the person stopped, detained, or 48 arrested, except if the determination may hinder or obstruct an 49 investigation. 50 (b) A person who is arrested shall have his or her 51 immigration status determined before the person is released. 52 (c) The immigration status of the person stopped, detained, 53 or arrested shall be verified with the Federal Government 54 pursuant to 8 U.S.C. s. 1373(c). 55 (d) A law enforcement officer of this state or a political 56 subdivision of this state may not consider race, color, or 57 national origin when implementing the requirements of this 58 subsection, except to the extent permitted by the United States 59 Constitution or the State Constitution. 60 (e) A person is presumed to be an alien who is lawfully 61 present in the United States if the person provides to the law 62 enforcement officer any of the following: 63 1. A valid Florida driver’s license; 64 2. A valid Florida identification card; 65 3. A valid tribal enrollment card or other form of tribal 66 identification; or 67 4. Any valid United States federal, state, or local 68 identification, if the entity providing the identification 69 requires proof of legal presence in the United States. 70 (4) If an alien is unlawfully present in the United States 71 and he or she is convicted of a violation of a state or local 72 law, on discharge from incarceration or on the assessment of any 73 monetary obligation that is imposed, the appropriate state or 74 local law enforcement agency shall immediately notify the United 75 States Immigration and Customs Enforcement or the United States 76 Customs and Border Protection. 77 (5) Notwithstanding any other law, a law enforcement agency 78 may transport an alien for whom the agency has received 79 verification that he or she is unlawfully present in the United 80 States and who is in the agency’s custody to a federal facility 81 in this state or to any other point of transfer into federal 82 custody which is outside the jurisdiction of the law enforcement 83 agency. A law enforcement agency shall obtain judicial 84 authorization before transporting an alien to a point of 85 transfer outside this state. 86 (6) When implementing this section, an alien’s immigration 87 status may be determined by: 88 (a) A law enforcement officer who is authorized by the 89 Federal Government to verify or ascertain an alien’s immigration 90 status. 91 (b) The United States Immigration and Customs Enforcement 92 or the United States Customs and Border Protection pursuant to 8 93 U.S.C. s. 1373(c). 94 (7) Except as provided in federal law, an official of this 95 state or a political subdivision of this state may not be 96 prohibited or in any way restricted from sending, receiving, or 97 maintaining information relating to the immigration status of an 98 individual. These officials and agencies may exchange 99 information with any other governmental entity for purposes of: 100 (a) Determining the eligibility of a person for any public 101 benefit, service, or license provided by any federal, state, or 102 local government. 103 (b) Verifying any claim of residence or domicile if 104 determination of residence or domicile is required under the 105 laws of this state or a judicial order. 106 (c) Determining whether the alien is in compliance with the 107 federal registration laws prescribed by Title II of chapter 7 of 108 the federal Immigration and Nationality Act. 109 (8) A person who is a legal resident of this state may 110 bring an action in a county court to challenge any official or 111 agency of this state or a political subdivision of this state 112 which adopts or implements a policy that limits or restricts the 113 enforcement of federal immigration laws, including 8 U.S.C. ss. 114 1373 and 1644, to less than the full extent permitted by federal 115 law. If the court finds that the state or political subdivision 116 has violated this section, the court shall order that the state 117 or political subdivision pay a civil penalty of not less than 118 $500 and not more than $5,000 for each day that the policy has 119 remained in effect after the filing of an action pursuant to 120 this subsection. 121 (9) The court may award court costs and reasonable 122 attorney’s fees to any person or any official or agency of this 123 state or political subdivision of this state prevailing by an 124 adjudication on the merits in a proceeding brought pursuant to 125 subsection (8). 126 (10) In addition to any other violation of federal law, a 127 person may not willfully fail to complete or carry an alien 128 registration document if the person is in violation of 8 U.S.C. 129 s. 1373(e) or s. 1306(a). A person is not subject to sanctions 130 under subsection (7), subsection (8), subsection (9), or this 131 subsection if he or she maintains authorization from the Federal 132 Government to remain in the United States. In the enforcement of 133 this subsection, an alien’s immigration status may be determined 134 by: 135 (a) A law enforcement officer who is authorized by the 136 Federal Government to verify or ascertain an alien’s immigration 137 status. 138 (b) The United States Immigration and Customs Enforcement 139 or the United States Customs and Border Protection pursuant to 8 140 U.S.C. s. 1373(c). 141 (11) A person who is sentenced pursuant to subsection (10) 142 is not eligible for suspension of sentence, probation, pardon, 143 commutation of sentence, or release from confinement on any 144 basis except as authorized by law. 145 (12) In addition to any other penalty prescribed by law, 146 the court shall order the person to pay costs of incarceration. 147 (13) A person who willfully fails to complete or carry an 148 alien registration document required under subsection (10) 149 commits a misdemeanor of the first degree, punishable as 150 provided in s. 775.082 or s. 775.083. However any fine imposed 151 under this subsection may not exceed $100. A person who violates 152 this subsection may be sentenced for up to 20 days in jail. A 153 person who violates this subsection a second or subsequent time 154 may be sentenced to up to 30 days in jail. 155 (14) This section shall be implemented in a manner 156 consistent with federal laws regulating immigration, protecting 157 civil rights of all persons, and respecting the privileges and 158 immunities of United States citizens. 159 (15) A law enforcement officer of this state or a political 160 subdivision of the state may not consider race, color, or 161 national origin in the enforcement of this section, except to 162 the extent permitted by the United States Constitution or the 163 State Constitution. 164 (16) Fines collected under this section shall be deposited 165 into the General Revenue Fund. 166 Section 2. This act shall take effect October 1, 2011.