Florida Senate - 2016                                     SB 872
       By Senator Bean
       4-01041-16                                             2016872__
    1                        A bill to be entitled                      
    2         An act relating to federal immigration enforcement;
    3         providing a short title; creating ch. 908, F.S.,
    4         relating to federal immigration enforcement; providing
    5         legislative findings and intent; defining terms;
    6         prohibiting sanctuary policies; requiring a state or
    7         local governmental agency to comply with and support
    8         the enforcement of federal immigration law;
    9         prohibiting restrictions by state and local government
   10         entities and officials on the transfer of information
   11         regarding citizenship or immigration status of an
   12         individual, action taken with respect to such
   13         information, or enforcement of federal immigration
   14         law; authorizing a law enforcement agency to transport
   15         an unauthorized alien under certain circumstances;
   16         providing an exception to reporting requirements for
   17         crime victims or witnesses; requiring state and local
   18         government officials to report violations; providing
   19         penalties for failing to report a violation; providing
   20         for injunctive relief and civil penalties; providing
   21         for costs and attorney fees; requiring the Attorney
   22         General to prescribe the format for submitting
   23         complaints; providing a cause of action for personal
   24         injury or wrongful death attributed to a sanctuary
   25         policy; providing that a trial by jury is a matter of
   26         right; waiving sovereign immunity for such actions;
   27         providing for implementation; providing an effective
   28         date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Short title.—This act may be cited as the “Rule
   33  of Law Adherence Act.”
   34         Section 2. Chapter 908, Florida Statutes, consisting of
   35  sections 908.001-908.013, is created to read:
   36                             CHAPTER 908                           
   37                   FEDERAL IMMIGRATION ENFORCEMENT                 
   38         908.001 Legislative findings and intent.—The Legislature
   39  finds that state agencies, local governments, and their
   40  officials owe an affirmative duty to all citizens and other
   41  persons lawfully within the United States to assist the Federal
   42  Government with enforcement of federal immigration laws within
   43  this state. The Legislature further finds that, in the interest
   44  of public safety and adherence to federal law, this state shall
   45  support federal immigration enforcement efforts and ensure that
   46  such efforts are not impeded or thwarted by state or local laws,
   47  policies, practices, procedures, or customs. State agencies,
   48  local governments, and their officials who encourage persons
   49  unlawfully present in the United States to locate within this
   50  state or who shield such persons from personal responsibility
   51  for their unlawful actions breach this duty and should be held
   52  accountable.
   53         908.003 Definitions.—As used in this chapter, the term:
   54         (1) “Federal immigration agency” means the United States
   55  Department of Homeland Security, or its successor agency, and
   56  any of its divisions, including United States Immigration and
   57  Customs Enforcement, United States Customs and Border
   58  Protection, or any other federal agency charged with the
   59  enforcement of immigration law.
   60         (2) “Federal immigration official” means an official of a
   61  federal immigration agency.
   62         (3) “Immigration detainer” means a written request issued
   63  on behalf of a federal immigration agency to another federal,
   64  state, or local law enforcement agency to provide notice of
   65  release and to detain an individual based on an inquiry into
   66  immigration status or an alleged violation of a civil
   67  immigration law, including detainers issued pursuant to 8 C.F.R.
   68  s. 287.7 and 8 C.F.R. s. 236.1 and on the United States
   69  Department of Homeland Security Form I-247N “Request for
   70  Voluntary Notification of Release of Suspected Priority Alien”
   71  or Form I-247D “Immigration Detainer—Request for Voluntary
   72  Action.”
   73         (4) “Inmate” means an individual in the custody of a law
   74  enforcement agency.
   75         (5) “Law enforcement agency” means an agency in this state
   76  charged with enforcement of state, county, municipal, or federal
   77  laws or with managing custody of detained persons in the state
   78  and includes municipal police departments, sheriff’s offices,
   79  state police departments, campus police departments, and the
   80  Department of Corrections.
   81         (6) “Local governmental entity” means any county,
   82  municipality, or other political subdivision of this state.
   83         (7) “Local government official” means a person holding
   84  public office or having official duties as a representative,
   85  agent, or employee of a local governmental entity.
   86         (8) “Sanctuary policy” means a law, policy, practice,
   87  procedure, or custom adopted or permitted by a state entity,
   88  state official, law enforcement agency, local governmental
   89  entity, or local government official which contravenes
   90  subsection (a) or subsection (b) of s. 642 of the Illegal
   91  Immigration Reform and Immigrant Responsibility Act of 1996, 8
   92  U.S.C. s. 1373, or which prohibits or impedes a law enforcement
   93  agency from communicating or cooperating with a federal
   94  immigration agency or a federal immigration official with
   95  respect to federal immigration enforcement, including, but not
   96  limited to, cooperation with immigration detainers.
   97         (9) “Sanctuary policymaker” means a state or local elected
   98  official, or an appointed official of a local governmental
   99  entity governing body, who has voted for, allowed to be
  100  implemented, or voted against repeal or prohibition of a
  101  sanctuary policy.
  102         (10) “State entity” means the state or any office, board,
  103  bureau, commission, department, branch, division, or institution
  104  thereof.
  105         (11) “State official” means a person holding public office
  106  or having official duties as a representative, an agent, or an
  107  employee of this state.
  108         908.005 Sanctuary policies prohibited.—A state entity,
  109  state official, law enforcement agency, local governmental
  110  entity or local government official may not adopt or have in
  111  effect a sanctuary policy.
  112         908.006 Cooperation with federal immigration authorities.—
  113         (1) A state or local governmental entity or official or a
  114  law enforcement agency may not prohibit or in any way restrict
  115  another state or local governmental entity or official or law
  116  enforcement agency from sending to, or receiving from, a federal
  117  immigration agency or federal immigration official information
  118  regarding the citizenship or immigration status of an
  119  individual.
  120         (2) Except as otherwise expressly prohibited by federal
  121  law, a state or local governmental entity or official or a law
  122  enforcement agency may not restrict another state or local
  123  governmental entity or official or law enforcement agency from
  124  taking any of the following actions with respect to information
  125  regarding the immigration status of an individual:
  126         (a) Sending such information to or requesting or receiving
  127  such information from a federal immigration agency or federal
  128  immigration official for purposes of this chapter.
  129         (b) Maintaining such information for purposes of this
  130  chapter.
  131         (c) Exchanging such information with a federal immigration
  132  agency or official or another state or local governmental entity
  133  or official or law enforcement agency for purposes of this
  134  chapter.
  135         (d) Determining eligibility for a public benefit, service,
  136  or license pursuant to federal or state law or an ordinance or
  137  regulation of a local governmental entity.
  138         (e) Verifying a claim of residence or domicile if a
  139  determination of residence or domicile is required under federal
  140  or state law or an ordinance or a regulation of any local
  141  governmental entity or under a judicial order issued pursuant to
  142  a civil or criminal proceeding in this state.
  143         (f) Confirming the identity of an individual who is
  144  detained by a law enforcement agency or its officials.
  145         (3) A state or local governmental entity or official or a
  146  law enforcement agency shall fully comply with and, to the full
  147  extent permitted by law, support the enforcement of federal
  148  immigration law.
  149         (4) A state or local governmental entity or official or a
  150  law enforcement agency may not limit or restrict the enforcement
  151  of federal immigration law, including, but not limited to,
  152  limiting or restricting a state or local governmental entity or
  153  official or a law enforcement agency from complying with an
  154  immigration detainer, providing a federal immigration official
  155  access to an inmate for interview, initiating an immigration
  156  status investigation, or providing a federal immigration
  157  official with the incarceration status or release date of an
  158  inmate in the custody of a state or local governmental entity or
  159  law enforcement agency.
  160         (5) Notwithstanding any other provision of law, if a law
  161  enforcement agency or official has received verification from a
  162  federal immigration agency or official that an unauthorized
  163  alien in the law enforcement agency’s custody is unlawfully
  164  present in the United States, the law enforcement agency may
  165  securely transport such alien to a federal facility in this
  166  state or to another point of transfer to federal custody which
  167  is outside the jurisdiction of the law enforcement agency. A law
  168  enforcement agency shall obtain judicial authorization before
  169  securely transporting an unauthorized alien to a point of
  170  transfer outside of this state.
  171         (6) This section does not require a state or local agency
  172  or official or a state or local law enforcement agency to
  173  provide a federal immigration agency or official with
  174  information related to a victim of or a witness to a criminal
  175  offense, if such victim or witness timely and in good faith
  176  responds to the state or local agency or official’s request for
  177  information and cooperation in the investigation or prosecution
  178  of such offense.
  179         908.007 Duty to report.A state or a local government
  180  official shall promptly report a known or probable violation of
  181  this chapter to the Attorney General or the state attorney
  182  having jurisdiction over the local governmental entity. A person
  183  who willfully and knowingly fails to report a known or probable
  184  violation of this chapter may be suspended or removed from
  185  office pursuant to general law and s. 7, Art. IV of the State
  186  Constitution.
  187         908.009 Enforcement; penalties.—
  188         (1) The Attorney General or a state attorney may institute
  189  proceedings in circuit court to enjoin a state entity, state
  190  official, law enforcement agency, local governmental entity, or
  191  local government official found to be in violation of this
  192  chapter. The court shall expedite an action under this section,
  193  including setting a hearing at the earliest practicable date.
  194         (2) Upon adjudication by the court or as provided in a
  195  consent motion declaring that a state entity, state official,
  196  law enforcement agency, local governmental entity, or local
  197  government official has violated this chapter, the court shall
  198  enjoin the unlawful policy or practice and order that such
  199  entity or official pay a civil penalty to the state of at least
  200  $1,000 but not more than $5,000 for each day that the policy or
  201  practice was found to be in effect before the injunction was
  202  granted. The court shall have continuing jurisdiction over the
  203  parties and subject matter and may enforce its orders with
  204  imposition of additional civil penalties as provided for in this
  205  section and contempt proceedings as provided by law.
  206         (3) A state or local entity or official or a law
  207  enforcement agency ordered to pay a civil penalty pursuant to
  208  subsection (2) shall remit payment to the Chief Financial
  209  Officer for appropriation as provided in the General
  210  Appropriations Act, or if not provided for in the General
  211  Appropriations Act, such funds shall revert to the General
  212  Revenue Fund.
  213         (4) The court may award court costs and reasonable attorney
  214  fees to the prevailing party in an action brought pursuant to
  215  this section.
  216         908.011 Resident complaint; penalties.—The Attorney General
  217  shall prescribe and provide through the Department of Legal
  218  Affairs’ website the format for a person to submit a complaint
  219  alleging a violation of this chapter. This section does not
  220  prohibit the filing of an anonymous complaint or a complaint not
  221  submitted in the prescribed format.
  222         908.012 Civil cause of action for personal injury or
  223  wrongful death attributed to a sanctuary policy; trial by jury;
  224  waiver of sovereign immunity.—
  225         (1) A person injured by the tortious acts or omissions of
  226  an alien unlawfully present in the United States, or the
  227  personal representative of a person killed by the tortious acts
  228  or omissions of an alien unlawfully present in the United
  229  States, has a cause of action to recover all damages otherwise
  230  permitted by law in such cases against any state or local
  231  governmental entity or law enforcement agency in violation of s.
  232  908.005, and any sanctuary policymaker of any such governmental
  233  entity or law enforcement agency, upon proof by the greater
  234  weight of the evidence of:
  235         (a) The existence of a sanctuary policy; and
  236         (b) A failure to comply with any provision of s. 908.006
  237  resulting in such alien having access to the person injured or
  238  killed when the tortious acts or omissions occurred.
  239         (2) Trial by jury is a matter of right in actions brought
  240  under this section.
  241         (3) In accordance with s. 13, Art. X of the State
  242  Constitution, the state, for itself and its political
  243  subdivisions, waives sovereign immunity for actions brought
  244  under this section. In addition, s. 768.28(9) does not apply to
  245  a sanctuary policymaker.
  246         908.013 Implementation.—This chapter shall be implemented
  247  to the fullest extent permitted by federal law regulating
  248  immigration and the legislative findings and intent declared in
  249  s. 908.001.
  250         Section 3. This act shall take effect July 1, 2016.