Florida Senate - 2013                                     SB 730
       By Senator Bullard
       39-00611-13                                            2013730__
    1                        A bill to be entitled                      
    2         An act relating to federal immigration detainer
    3         requests; providing a short title; providing
    4         definitions; providing conditions under which law
    5         enforcement officials may hold an individual pursuant
    6         to a federal immigration detainer request; providing
    7         applicability; providing an effective date.
    9         WHEREAS, The United States Immigration and Customs
   10  Enforcement’s (ICE) Secure Communities Program relies on local
   11  law enforcement to detain individuals wanted for immigration
   12  violations in local jails for an additional time beyond that
   13  when they otherwise would be eligible for release, shifting the
   14  burden of federal civil immigration enforcement onto local law
   15  enforcement, and
   16         WHEREAS, local law enforcement agencies are not reimbursed
   17  by the Federal Government for the full cost of responding to an
   18  ICE detainer request, which may include, but is not limited to,
   19  legal liability, administrative and personnel costs related to
   20  tracking and responding to detainer requests, and costs related
   21  to the custodial care of an inmate during the period of
   22  detention, and
   23         WHEREAS, an ICE detainer request, unlike a criminal
   24  detainer, is not supported by a warrant or established standard
   25  of proof, such as reasonable suspicion or probable cause, and
   26         WHEREAS, ICE detainers have erroneously been placed on
   27  United States citizens as well as immigrants who are not
   28  deportable and can result in a person being held and transferred
   29  into immigration detention without regard to whether the arrest
   30  is the result of a mistake or merely the routine practice of
   31  questioning individuals in the course of a law enforcement
   32  investigation, and
   33         WHEREAS, the Secure Communities Program and ICE detainers
   34  harm community policing efforts because immigrant residents who
   35  are victims or witnesses to crime, including domestic violence,
   36  and who may have recourse to lawful immigration status, are less
   37  likely to report crime or cooperate with local law enforcement
   38  if contact with local law enforcement could result in
   39  deportation, NOW, THEREFORE,
   41  Be It Enacted by the Legislature of the State of Florida:
   43         Section 1. Florida Trust Act.-
   44         (1) SHORT TITLE.—This section may be cited as the “Florida
   45  Trust Act.”
   46         (2)DEFINITIONS.—For purposes of this section, the term:
   47         (a) “Conviction” means a determination of guilt that is the
   48  result of a plea or trial, regardless of whether adjudication is
   49  withheld or a plea of nolo contendere is entered.
   50         (b) “Eligible for release from criminal custody” means the
   51  individual may be released from criminal custody because one of
   52  the following conditions has occurred:
   53         1.All criminal charges against the individual have been
   54  dropped or dismissed.
   55         2.The individual has been acquitted of all criminal
   56  charges filed against him or her.
   57         3.The individual has served all of the time required for
   58  his or her sentence.
   59         4.The individual has posted a bond.
   60         5.The individual is otherwise eligible for release under
   61  federal, state, or local law, or local policy.
   62         (c) “Immigration hold” means an immigration detainer issued
   63  by an authorized immigration officer pursuant to 8 C.F.R. part
   64  287 which requests that a law enforcement official maintain
   65  custody of an individual for up to 48 hours excluding Saturday,
   66  Sunday, and legal holidays, and to advise the authorized
   67  immigration officer before the release of the individual.
   68         (d) “Law enforcement agency” means a law enforcement agency
   69  of any county, municipality, special district, or other
   70  political subdivision of this state.
   71         (e) “Law enforcement official” means any person, law
   72  enforcement agency, or officer of a law enforcement agency
   73  authorized to:
   74         1. Enforce criminal statutes, rules, or local ordinances.
   75         2. Operate jails or maintain custody of individuals in
   76  jails.
   77         3. Operate juvenile detention facilities or maintain
   78  custody of individuals in juvenile detention facilities.
   79         4. Operate prisons or maintain custody of individuals in
   80  prisons.
   81         (f) “Serious offense” means the commission, attempt, or
   82  solicitation of any of the following offenses:
   83         1. Any offense listed in ss. 775.084(1)(c)1., 775.30,
   84  776.08, 784.07, 787.06, 800.04, 810.02, 825.1025, 843.01,
   85  847.0135, 847.0145, 859.01, 876.32, 893.135, and 895.03, Florida
   86  Statutes.
   87         2. Any offense in any other state or territory, organized
   88  or unorganized, of the United States, if the elements of the
   89  offense are substantially similar to the elements of an offense
   90  listed in subparagraph 1.
   92         (a) A law enforcement official may detain an individual on
   93  the basis of an immigration hold after that individual becomes
   94  eligible for release from criminal custody if:
   95         1. The individual has been convicted of a serious offense
   96  according to a criminal background check or documentation
   97  provided to the law enforcement official by United States
   98  Immigration and Customs Enforcement or is currently in criminal
   99  custody for a charge of a serious offense; and
  100         2. The continued detention of the individual on the basis
  101  of the immigration hold would not violate federal, state, or
  102  local law or local policy.
  103         (b) If the conditions specified in paragraph (a) are not
  104  satisfied, a law enforcement official may not detain an
  105  individual on the basis of an immigration hold after that
  106  individual becomes eligible for release from criminal custody.
  107         (4) LIMITATIONS.—This section does not provide, expand, or
  108  ratify the legal authority for any law enforcement official to
  109  detain an individual on an immigration hold.
  110         Section 2. This act shall take effect July 1, 2013.