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. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 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.