Florida Senate - 2016                                    SB 1712
       
       
        
       By Senator Simpson
       
       18-01495A-16                                          20161712__
    1                        A bill to be entitled                      
    2         An act relating to prevention of acts of war; creating
    3         s. 943.0323, F.S.; providing definitions; prohibiting
    4         the state, political subdivisions, their agencies and
    5         employees, and persons receiving state funds from
    6         assisting with the entry into or resettlement in the
    7         state of certain foreign refugees and immigrants;
    8         requiring persons offering resettlement assistance to
    9         foreign refugees or immigrants through certain
   10         resettlement assistance programs to submit the
   11         personal identifying information of such refugees and
   12         immigrants to the Department of Law Enforcement;
   13         directing the department to conduct background
   14         screenings and report specified information to the
   15         Governor, the United States Department of Homeland
   16         Security, and certain persons; authorizing the
   17         Governor to exercise certain powers, monitor the
   18         presence of certain persons entering into, resettling,
   19         or residing in the state, adopt rules and forms and
   20         procedures, and exempt individuals or categories of
   21         individuals from screenings and reports; authorizing
   22         the Governor and Attorney General to challenge
   23         specified federal laws and regulations; directing the
   24         Governor and Attorney General to prevent the entry
   25         into or resettlement in the state of certain
   26         restricted persons; providing applicability; providing
   27         an effective date.
   28  
   29         WHEREAS, since the entry into Florida of foreign persons
   30  who trained in the state and subsequently attacked the United
   31  States on September 11, 2001, Florida has remained under
   32  imminent threat of the surreptitious invasion of foreign persons
   33  intending to conquer or violently destroy the way of life for
   34  the citizens of the United States and its constituent states,
   35  and
   36         WHEREAS, such persons are organized or affiliated with
   37  armies presently holding and administering territories outside
   38  the United States and insurgencies engaged in capturing such
   39  territories, and
   40         WHEREAS, such persons have and may continue to find safe
   41  haven through alliances with foreign governments or the
   42  sympathies of nongovernmental organizations, and
   43         WHEREAS, the State of Florida has sufficient sovereign
   44  power to defend itself against invasion or imminent threat of
   45  invasion pursuant to Section 10, Article I of the United States
   46  Constitution, and
   47         WHEREAS, the State Constitution and Florida law fully
   48  empower the Governor, as commander-in-chief of all military
   49  forces in Florida not in active service of the United States
   50  Armed Forces, including the general militia, to defend the state
   51  against the entry and actions of such persons, and
   52         WHEREAS, principles of federalism applied in various United
   53  States Supreme Court decisions preclude the commandeering of
   54  state agencies in the pursuit of federal policies or in
   55  execution of federal law, except by consent of the state, NOW,
   56  THEREFORE,
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 943.0323, Florida Statutes, is created
   61  to read:
   62         943.0323Prevention of acts of war.—
   63         (1)DEFINITIONS.—As used in this section, the term:
   64         (a)“Foreign refugee or immigrant” means a person who is
   65  not a United States citizen but who seeks entry into or
   66  resettlement in the state.
   67         (b)“Invader” means a person who is not a United States
   68  citizen who enters into or remains in the state with the intent
   69  of doing violence to persons or destroying property as part of a
   70  conspiracy or plan to:
   71         1.Violently injure the way of life for citizens of the
   72  state;
   73         2.Weaken or conquer all or any portion of the state or of
   74  the United States; or
   75         3.Wage war against the United States to ally with its
   76  enemies or provide comfort and aid to its enemies.
   77         (c)“Personal identifying information” of a foreign refugee
   78  or immigrant includes passport information and fingerprints,
   79  addresses and geographical location of any temporary or
   80  permanent residence that has been or may be used, and other
   81  information required by the Governor under this section.
   82         (d)“Restricted person” means a foreign refugee or
   83  immigrant for whom there is reasonable cause to believe that he
   84  or she originates from, or has been in close proximity to, any
   85  location in which invaders or prospective invaders are known to
   86  originate or organize or train for violent acts of war.
   87         (2)NONCOOPERATION WITH ENTRY OR RESETTLEMENT OF RESTRICTED
   88  PERSONS.—
   89         (a)The state or an agency or employee thereof, or a
   90  political subdivision of the state or an agency or employee
   91  thereof, may not cooperate with or assist any person, including
   92  a federal agent, with the entry into or resettlement in the
   93  state of a restricted person unless the Governor expressly
   94  authorizes such cooperation or assistance.
   95         (b)A person who, on or after the effective date of this
   96  section, receives state funds for any purpose may not, for 5
   97  years after receiving such funds, assist with the entry into or
   98  resettlement in the state of a restricted person unless the
   99  Governor expressly authorizes such assistance.
  100         (c)A person who, on or after the effective date of this
  101  section, assists with the entry into or resettlement in the
  102  state of a restricted person may not receive state funds for any
  103  purpose for 5 years after the most recent act of such assistance
  104  unless the Governor expressly authorizes such assistance.
  105         (3)SCREENING OF FOREIGN REFUGEES AND IMMIGRANTS.—
  106         (a)A person who, upon the effective date of this section
  107  through any public or private resettlement assistance program
  108  for foreign refugees or immigrants, is engaged in assisting with
  109  the entry into or resettlement in the state of a foreign refugee
  110  or immigrant, within 30 days after the effective date of this
  111  section, shall submit to the department the personal identifying
  112  information of the foreign refugee or immigrant.
  113         (b)A person who, after the effective date of this section
  114  through any public or private resettlement assistance program
  115  for foreign refugees or immigrants, engages in assisting with
  116  the entry into or resettlement in the state of a foreign refugee
  117  or immigrant, upon agreeing to provide such assistance, shall
  118  submit to the department the personal identifying information of
  119  the foreign refugee or immigrant.
  120         (c)A person who, before the effective date of this section
  121  through any public or private resettlement assistance program
  122  for foreign refugees or immigrants, engaged in assisting with
  123  the entry into or resettlement in the state of a foreign refugee
  124  or immigrant who has continually resided in the state since
  125  January 1, 2011, within 90 days after the effective date of this
  126  section, shall submit to the department the personal identifying
  127  information of the foreign refugee or immigrant.
  128         (d)1.The department shall conduct a background screening
  129  of a foreign refugee or immigrant within 15 days after receipt
  130  of his or her personal identifying information pursuant to
  131  paragraph (a) or paragraph (b). The department shall conduct a
  132  background screening of a foreign refugee or immigrant residing
  133  in the state within 90 days after receipt of his or her personal
  134  identifying information pursuant to paragraph (c). The
  135  department may cooperate and share information with federal
  136  agencies as may be expedient in conducting the background
  137  screening.
  138         2.The department shall submit a report, as soon as
  139  practicable, of the results of the background screening,
  140  including any information indicating whether the foreign refugee
  141  or immigrant is a restricted person or an invader, to the
  142  Governor and the United States Department of Homeland Security.
  143  Within 10 days after submitting such report, the Department of
  144  Law Enforcement shall submit a separate report to the person who
  145  submitted the personal identifying information, unless directed
  146  otherwise by the Governor. The department may also provide
  147  background screening information to any local law enforcement
  148  agency as directed by the Governor.
  149         (4)GUBERNATORIAL POWERS.—The Governor may:
  150         (a)Use all powers and resources, including police powers,
  151  emergency powers, and military force, to prevent a restricted
  152  person from entering into or resettling in the state and to
  153  prevent a restricted person residing in the state from
  154  committing violent acts of war, unless the Governor has
  155  reasonable cause to believe that the restricted person is not an
  156  invader.
  157         (b)Monitor the presence of a restricted person entering
  158  into, resettling in, or residing in the state.
  159         (c)Adopt emergency rules and permanent rules necessary to
  160  implement this section.
  161         (d)Adopt forms and procedures for the collection of
  162  personal identifying information under this section.
  163         (e)Exempt individuals or categories of individuals from
  164  this section in order to efficiently use departmental resources
  165  for public safety.
  166         (5)ACTIONS TO PREVENT THE RESETTLEMENT OF RESTRICTED
  167  PERSONS.—
  168         (a)The Governor and the Attorney General are independently
  169  authorized to review and challenge the lawfulness of any federal
  170  law or regulation encouraging or providing for the entry into or
  171  resettlement in the state of restricted persons.
  172         (b)The Governor and the Attorney General are independently
  173  directed to take any action authorized by law to prevent the
  174  entry into or resettlement in the state of a restricted person
  175  by the Federal Government or any person unless the Governor or
  176  the Attorney General has reasonable cause to believe that the
  177  restricted person is not an invader.
  178         (6)APPLICABILITY.—This section supplements and does not
  179  limit any emergency or military powers otherwise authorized by
  180  law.
  181         Section 2. This act shall take effect upon becoming a law.