HB 237

A bill to be entitled
2An act relating to the enforcement of immigration laws;
3creating s. 943.0536, F.S.; providing legislative intent;
4prohibiting the state or its political subdivisions from
5limiting or restricting the enforcement of immigration
6laws; requiring a law enforcement officer to request
7citizenship information under certain circumstances;
8authorizing a law enforcement agency to transport an alien
9to a federal facility; requiring judicial authorization
10for the transfer of an alien outside the state; allowing
11governmental entities to share information regarding
12citizenship; authorizing citizens to sue the state or a
13political subdivision of the state if the state or
14political subdivision is restricting the enforcement of
15federal immigration laws; providing for recovery of
16attorney's fees; providing for criminal penalties;
17prohibiting the probation or release of an alien who does
18not possess registration documents; requiring that the act
19be implemented consistent with federal law; prohibiting
20law enforcement officers from using race as a determining
21factor in an assessment under the act; providing an
22effective date.
24Be It Enacted by the Legislature of the State of Florida:
26     Section 1.  Section 943.0536, Florida Statutes, is created
27to read:
28     943.0536  Enforcement of immigration laws.-
29     (1)  The Legislature finds that there is a compelling
30interest in the cooperative enforcement of federal immigration
31laws throughout this state. The section is intended to
32discourage and deter the unlawful entry and presence of aliens
33in this state and the economic activity by persons unlawfully
34present in this state.
35     (2)  An official or agency of the state or a political
36subdivision of the state may not limit or restrict the
37enforcement of federal immigration laws to less than the full
38extent permitted by federal law.
39     (3)(a)  If, during a lawful stop, detention, or arrest made
40by a law enforcement officer of this state or a political
41subdivision of this state made to enforce any law or ordinance
42of the state or a political subdivision, reasonable suspicion
43exists that the person stopped, detained, or arrested is an
44alien and is unlawfully present in the United States, a
45reasonable attempt shall be made, when practicable, to determine
46the immigration status of the person stopped, detained, or
47arrested, except if the determination may hinder or obstruct an
49     (b)  A person who is arrested shall have his or her
50immigration status determined before the person is released.
51     (c)  The immigration status of the person stopped,
52detained, or arrested shall be verified with the Federal
53Government pursuant to 8 U.S.C. s. 1373(c).
54     (d)  A law enforcement officer of this state or a political
55subdivision of this state may not consider race, color, or
56national origin when implementing the requirements of this
57subsection, except to the extent permitted by the United States
58Constitution or the State Constitution.
59     (e)  A person is presumed to be an alien who is lawfully
60present in the United States if the person provides to the law
61enforcement officer any of the following:
62     1.  A valid Florida driver's license;
63     2.  A valid Florida identification card;
64     3.  A valid tribal enrollment card or other form of tribal
65identification; or
66     4.  Any valid United States federal, state, or local
67identification, if the entity providing the identification
68requires proof of legal presence in the United States.
69     (4)  If an alien is unlawfully present in the United States
70and he or she is convicted of a violation of a state or local
71law, on discharge from incarceration or on the assessment of any
72monetary obligation that is imposed, the appropriate state or
73local law enforcement agency shall immediately notify the United
74States Immigration and Customs Enforcement or the United States
75Customs and Border Protection.
76     (5)  Notwithstanding any other law, a law enforcement
77agency may transport an alien for whom the agency has received
78verification that he or she is unlawfully present in the United
79States and who is in the agency's custody to a federal facility
80in this state or to any other point of transfer into federal
81custody which is outside the jurisdiction of the law enforcement
82agency. A law enforcement agency shall obtain judicial
83authorization before transporting an alien to a point of
84transfer outside this state.
85     (6)  When implementing this section, an alien's immigration
86status may be determined by:
87     (a)  A law enforcement officer who is authorized by the
88Federal Government to verify or ascertain an alien's immigration
90     (b)  The United States Immigration and Customs Enforcement
91or the United States Customs and Border Protection pursuant to 8
92U.S.C. s. 1373(c).
93     (7)  Except as provided in federal law, an official of this
94state or a political subdivision of this state may not be
95prohibited or in any way restricted from sending, receiving, or
96maintaining information relating to the immigration status of an
97individual. These officials and agencies may exchange
98information with any other governmental entity for purposes of:
99     (a)  Determining the eligibility of a person for any public
100benefit, service, or license provided by any federal, state, or
101local government.
102     (b)  Verifying any claim of residence or domicile if
103determination of residence or domicile is required under the
104laws of this state or a judicial order.
105     (c)  Determining whether the alien is in compliance with
106the federal registration laws prescribed by Title II of chapter
1077 of the federal Immigration and Nationality Act.
108     (8)  A person who is a legal resident of this state may
109bring an action in a county court to challenge any official or
110agency of this state or a political subdivision of this state
111which adopts or implements a policy that limits or restricts the
112enforcement of federal immigration laws, including 8 U.S.C. ss.
1131373 and 1644, to less than the full extent permitted by federal
114law. If the court finds that the state or political subdivision
115has violated this section, the court shall order that the state
116or political subdivision pay a civil penalty of not less than
117$500 and not more than $5,000 for each day that the policy has
118remained in effect after the filing of an action pursuant to
119this subsection.
120     (9)  The court may award court costs and reasonable
121attorney's fees to any person or any official or agency of this
122state or political subdivision of this state prevailing by an
123adjudication on the merits in a proceeding brought pursuant to
124subsection (8).
125     (10)  In addition to any other violation of federal law, a
126person may not willfully fail to complete or carry an alien
127registration document if the person is in violation of 8 U.S.C.
128s. 1304(e) or s. 1306(a). A person is not subject to sanctions
129under subsection (7), subsection (8), subsection (9), or this
130subsection if he or she maintains authorization from the Federal
131Government to remain in the United States. In the enforcement of
132this subsection, an alien's immigration status may be determined
134     (a)  A law enforcement officer who is authorized by the
135Federal Government to verify or ascertain an alien's immigration
137     (b)  The United States Immigration and Customs Enforcement
138or the United States Customs and Border Protection pursuant to 8
139U.S.C. s. 1373(c).
140     (11)  A person who is sentenced pursuant to subsection (10)
141is not eligible for suspension of sentence, probation, pardon,
142commutation of sentence, or release from confinement on any
143basis except as authorized by law.
144     (12)  In addition to any other penalty prescribed by law,
145the court shall order the person to pay costs of incarceration.
146     (13)  A person who willfully fails to complete or carry an
147alien registration document required under subsection (10)
148commits a misdemeanor of the first degree, punishable as
149provided in s. 775.082 or s. 775.083. However any fine imposed
150under this subsection may not exceed $100. A person who violates
151this subsection may be sentenced to up to 20 days in jail. A
152person who violates this subsection a second or subsequent time
153may be sentenced to up to 30 days in jail.
154     (14)  This section shall be implemented in a manner
155consistent with federal laws regulating immigration, protecting
156civil rights of all persons, and respecting the privileges and
157immunities of United States citizens.
158     (15)  A law enforcement officer of this state or a
159political subdivision of the state may not consider race, color,
160or national origin in the enforcement of this section, except to
161the extent permitted by the United States Constitution or the
162State Constitution.
163     (16)  Fines collected under this section shall be deposited
164into the General Revenue Fund.
165     Section 2.  This act shall take effect October 1, 2011.

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