Florida Senate - 2017                                    SB 1674
       By Senator Torres
       15-01306A-17                                          20171674__
    1                        A bill to be entitled                      
    2         An act relating to enforcement of federal laws;
    3         creating ch. 908, F.S.; providing a short title;
    4         creating ss. 908.101-908.107, F.S.; providing
    5         legislative intent; providing definitions; prohibiting
    6         state and local law enforcement agencies, school
    7         officers, and security agencies from certain actions
    8         for purposes of immigration enforcement; providing
    9         exceptions; requiring state and local law enforcement
   10         agencies to review confidentiality policies and revise
   11         such policies, if necessary; requiring the Attorney
   12         General, K-12 public schools and public postsecondary
   13         educational institutions, hospitals, and courthouses
   14         to develop and publicize certain policies; requiring
   15         the Attorney General to prescribe a format for persons
   16         to submit a complaint; authorizing the Attorney
   17         General or state attorney to institute injunctive
   18         proceedings; providing severability; providing an
   19         effective date.
   21         WHEREAS, the Legislature finds that one in five residents
   22  of the state is foreign-born and one in three children in the
   23  state has at least one immigrant parent, and
   24         WHEREAS, immigrants are valuable and essential members of
   25  our community, and a relationship of trust between immigrants
   26  and state and local law enforcement agencies is central to
   27  public safety, and
   28         WHEREAS, the Legislature concurs in the recent finding and
   29  recommendation of President Obama’s Taskforce on 21st Century
   30  Policing that whenever possible, state and local law enforcement
   31  should not be involved in federal immigration enforcement, and
   32         WHEREAS, state and local departments and agencies operate
   33  with limited resources and personnel, and involvement in federal
   34  immigration enforcement diverts these already limited resources
   35  and personnel away from state and local matters, and
   36         WHEREAS, state law does not authorize local law enforcement
   37  to arrest or detain individuals for federal immigration
   38  purposes, and
   39         WHEREAS, state and local law enforcement involvement in
   40  federal immigration enforcement raises constitutional concerns
   41  regarding the Equal Protection Clause and the Fourth Amendment,
   44  Be It Enacted by the Legislature of the State of Florida:
   46         Section 1. Chapter 908, Florida Statutes, consisting of
   47  sections 908.101-908.107, is created to read:
   48                             CHAPTER 908                           
   49                   FEDERAL IMMIGRATION ENFORCEMENT                 
   50         908.101Short title.—This act may be cited as the “Florida
   51  Trust Act.”
   52         908.102Legislative intent.—It is the intent of the
   53  Legislature to protect the safety and constitutional rights of
   54  citizens of the state and to direct the state’s limited
   55  resources to matters of greatest concern to state and local
   56  governments.
   57         908.103Definitions.—As used in this chapter:
   58         (1)“Civil immigration warrant” means a warrant for a
   59  violation of federal immigration law and includes a warrant
   60  entered in the Immigration Violator File of the National Crime
   61  Information Center database.
   62         (2)“Hold, notification request, or transfer request” means
   63  a request from an immigration authority to a state or local law
   64  enforcement agency to facilitate the arrest or transfer of an
   65  individual to federal immigration custody. The term includes a
   66  request on form I-247, I-247D, I-247N, or I-247X.
   67         (3)“Immigration authority” means an officer, employee, or
   68  person employed by or acting as an agent of the United States
   69  Immigration and Customs Enforcement, or a division thereof, or
   70  an officer, employee, or person employed by or acting as an
   71  agent of the United States Department of Homeland Security who
   72  is charged with immigration enforcement under s. 287 of the
   73  federal Immigration and Nationality Act or a federal program
   74  including, but not limited to, the Priority Enforcement Program
   75  or any successor program.
   76         (4)“Immigration enforcement” means an investigation or
   77  enforcement, or assistance in the investigation or enforcement,
   78  of any federal immigration law, including such laws that
   79  penalize a person’s presence in, entry or reentry to, or
   80  employment in, the United States, including, but not limited to,
   81  a violation of section 1253, section 1324(c), section 1325, or
   82  section 1326 of Title 8 of the United States Code.
   83         (5)“Judicial warrant” means a warrant based on probable
   84  cause which authorizes an immigration authority to take into
   85  custody the person who is the subject of such warrant. Such
   86  warrant must be issued by a judge appointed pursuant to Article
   87  III of the Constitution of the United States or a federal
   88  magistrate judge appointed pursuant to 28 U.S.C. s. 631.
   89         (6)“School officer” means a school resource officer or
   90  school safety officer as described in s. 1006.12.
   91         908.104State and local law enforcement agencies.—
   92         (1)A state and local law enforcement agency, school
   93  officer, or security agency may not use agency resources or
   94  personnel to investigate, arrest, or detain a person for
   95  purposes of immigration enforcement. Such resources include, but
   96  are not limited to, labor and resources expended in:
   97         (a)Responding to a hold, notification request, or transfer
   98  request from an immigration authority.
   99         (b)Responding to a request from an immigration authority
  100  for information not publicly available regarding a person’s
  101  release date, home address, or work address for purposes of
  102  immigration enforcement.
  103         (c)Making an arrest based on civil immigration warrants.
  104         (d)Performing functions of an immigration officer pursuant
  105  to 8 U.S.C. s. 1357(g) or any other law, regulation, or policy,
  106  whether formal or informal.
  107         (2)Notwithstanding any other provision of law, a state or
  108  local law enforcement agency, school officer, or security agency
  109  may not, without a judicial warrant, transfer an individual to
  110  an immigration authority or detain an individual at the request
  111  of an immigration authority for purposes of immigration
  112  enforcement.
  113         (3)A state and local law enforcement agency, school
  114  officer, security agency, and other state agencies may not make
  115  an agency database available for purposes of immigration
  116  enforcement or an investigation or enforcement related to a
  117  federal program requiring registration of an individual on the
  118  basis of race, gender, disability, sexual orientation, gender
  119  identity, religion, immigration status, or national or ethnic
  120  origin. Any agreement to make available a database in conflict
  121  with this subsection which is in existence on July 1, 2017, is
  122  invalid.
  123         (4)This section does not prevent a state or local law
  124  enforcement agency from responding to a lawful subpoena or
  125  request from an immigration authority for information about a
  126  person’s previous criminal arrests or convictions.
  127         908.105Confidentiality policies.—A state and local law
  128  enforcement agency shall review its confidentiality policies and
  129  make any necessary revisions as expeditiously as possible to
  130  ensure that information collected by such agency from an
  131  individual is limited and may not be used or disclosed beyond
  132  the specifically authorized purpose for which it was collected.
  133         908.106Accessibility of public schools, hospitals, and
  134  courthouses.—
  135         (1)The Attorney General shall develop and provide, through
  136  the Department of Legal Affairs’ website, model policies for K
  137  12 public schools and public postsecondary educational
  138  institutions, hospitals, and courthouses to ensure safety and
  139  accessibility in these locations to all residents of the state,
  140  regardless of immigration status.
  141         (2)K-12 public schools and public postsecondary
  142  educational institutions, hospitals, and courthouses shall
  143  develop and make public policies that limit immigration
  144  enforcement on their premises to the fullest extent possible
  145  consistent with federal and state law.
  146         908.107Violations.—
  147         (1)The Attorney General shall prescribe and provide,
  148  through the Department of Legal Affairs’ website, the format for
  149  a person to submit a complaint alleging a violation of this
  150  chapter. This section does not prohibit filing an anonymous
  151  complaint or a complaint submitted in another format.
  152         (2)The Attorney General or a state attorney may institute
  153  proceedings in circuit court to enjoin a state entity, state
  154  official, law enforcement agency, local governmental entity, or
  155  local government official, school officer, or security agency
  156  found to be in violation of this chapter.
  157         Section 2. The provisions of this act are severable. If any
  158  provision of this act or its application is held invalid, that
  159  invalidity shall not affect other provisions or applications
  160  that can be given effect without the invalid provision or
  161  application.
  162         Section 3. This act shall take effect July 1, 2017.