Florida Senate - 2017                                     SB 786
       
       
        
       By Senator Bean
       
       4-00187A-17                                            2017786__
    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; providing
    6         definitions; prohibiting sanctuary policies; requiring
    7         state entities, local governmental entities, and law
    8         enforcement agencies to comply with and support the
    9         enforcement of federal immigration law; providing
   10         applicability; prohibiting restrictions by such
   11         entities and agencies on taking certain actions with
   12         respect to information regarding a person’s
   13         immigration status; providing applicability; providing
   14         requirements concerning certain criminal defendants
   15         subject to immigration detainers or otherwise subject
   16         to transfer to federal custody; authorizing a law
   17         enforcement agency to transport an unauthorized alien
   18         under certain circumstances; providing an exception to
   19         reporting requirements for crime victims or witnesses;
   20         requiring recordkeeping relating to crime victim and
   21         witness cooperation in certain investigations;
   22         specifying duties concerning certain arrested persons;
   23         specifying duties concerning immigration detainers;
   24         authorizing a board of county commissioners to adopt
   25         an ordinance to recover costs for complying with an
   26         immigration detainer; providing that a person detained
   27         pursuant to an immigration detainer is not liable for
   28         detention expenses if the immigration detainer is
   29         found to be improperly issued; authorizing local
   30         governmental entities and law enforcement agencies to
   31         petition the Federal Government for reimbursement of
   32         certain costs; requiring report of violations;
   33         providing penalties for failure to report a violation;
   34         providing whistle-blower protections for persons who
   35         report violations; providing implementation; requiring
   36         the Attorney General to prescribe the format for
   37         submitting complaints; providing construction;
   38         providing responsibilities and authority of state
   39         attorneys for investigations of such complaints;
   40         providing report requirements; providing requirements
   41         for entities to comply with document requests from
   42         state attorneys concerning violations; providing
   43         investigation of possible violations; providing
   44         injunctive relief and penalties; requiring written
   45         findings; prohibiting the expenditure of public funds
   46         for specified purposes; providing a cause of action
   47         for personal injury or wrongful death attributed to a
   48         sanctuary policy; prohibiting a cause of action from
   49         being brought against certain persons; providing that
   50         a trial by jury is a matter of right; requiring
   51         written findings under certain circumstances;
   52         requiring the court to send a copy of the final
   53         judgment to the Governor; providing penalties;
   54         providing construction; providing that state entities,
   55         local governmental entities, and law enforcement
   56         agencies that have a sanctuary policy are ineligible
   57         for certain funding; providing notification
   58         requirements; providing exceptions; providing
   59         applicability to certain education records;
   60         prohibiting discrimination on specified grounds;
   61         providing implementation; requiring repeal of existing
   62         sanctuary policies within a specified period;
   63         providing effective dates.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Short title.—This act may be cited as the “Rule
   68  of Law Adherence Act.”
   69         Section 2. Chapter 908, Florida Statutes, consisting of
   70  sections 908.101-908.402, is created to read:
   71                             CHAPTER 908                           
   72                   FEDERAL IMMIGRATION ENFORCEMENT                 
   73                               PART I                              
   74                      FINDINGS AND DEFINITIONS                     
   75         908.101Legislative findings and intent.—The Legislature
   76  finds that it is an important state interest that state
   77  entities, local governmental entities, and their officials owe
   78  an affirmative duty to all citizens and other persons lawfully
   79  present in the United States to assist the Federal Government
   80  with enforcement of federal immigration laws within this state,
   81  including complying with federal immigration detainers. The
   82  Legislature further finds that it is an important state interest
   83  that, in the interest of public safety and adherence to federal
   84  law, this state support federal immigration enforcement efforts
   85  and ensure that such efforts are not impeded or thwarted by
   86  state or local laws, policies, practices, procedures, or
   87  customs. State entities, local governmental entities, and their
   88  officials who encourage persons unlawfully present in the United
   89  States to locate within this state or who shield such persons
   90  from personal responsibility for their unlawful actions breach
   91  this duty and should be held accountable.
   92         908.102Definitions.—As used in this chapter, the term:
   93         (1)“Federal immigration agency” means the United States
   94  Department of Justice, the United States Department of Homeland
   95  Security, or any successor agency and any division of such
   96  agency, including the United States Immigration and Customs
   97  Enforcement, the United States Customs and Border Protection, or
   98  any other federal agency charged with the enforcement of
   99  immigration law. The term includes an official or employee of
  100  such agency.
  101         (2)“Immigration detainer” means a facially sufficient
  102  written or electronic request issued by a federal immigration
  103  agency using that agency’s official form to request that another
  104  law enforcement agency detain a person based on an inquiry into
  105  the person’s immigration status or an alleged violation of a
  106  civil immigration law, including detainers issued pursuant to 8
  107  U.S.C. ss. 1226 and 1357. For purposes of this subsection, an
  108  immigration detainer is deemed facially sufficient if:
  109         (a)The federal immigration agency’s official form is
  110  complete and indicates on its face that the federal immigration
  111  agency has reason to believe that the person to be detained may
  112  not have been lawfully admitted to the United States or
  113  otherwise is not lawfully present in the United States; or
  114         (b)The federal immigration agency’s official form is
  115  incomplete and fails to indicate on its face that the federal
  116  immigration agency has reason to believe that the person to be
  117  detained may not have been lawfully admitted to the United
  118  States or otherwise is not lawfully present in the United
  119  States, but the form is supported by an accompanying affidavit
  120  or order that indicates that the federal immigration agency has
  121  reason to believe that the person to be detained may not have
  122  been lawfully admitted to the United States or otherwise is not
  123  lawfully present in the United States.
  124         (3)“Inmate” means a person in the custody of a law
  125  enforcement agency.
  126         (4)“Law enforcement agency” means an agency in this state
  127  charged with enforcement of state, county, municipal, or federal
  128  laws or with managing custody of detained persons in the state
  129  and includes municipal police departments, sheriff’s offices,
  130  state police departments, state university and college police
  131  departments, and the Department of Corrections. The term
  132  includes an official or employee of such agency.
  133         (5)“Local governmental entity” means any county,
  134  municipality, or other political subdivision of this state. The
  135  term includes a person holding public office or having official
  136  duties as a representative, agent, or employee of such entity.
  137         (6)“Sanctuary policy” means a law, policy, practice,
  138  procedure, or custom adopted or permitted by a state entity,
  139  local governmental entity, or law enforcement agency which
  140  contravenes 8 U.S.C. s. 1373(a) or (b), or which knowingly
  141  prohibits or impedes a law enforcement agency from communicating
  142  or cooperating with a federal immigration agency with respect to
  143  federal immigration enforcement, including, but not limited to,
  144  limiting or preventing a state entity, local governmental
  145  entity, or law enforcement agency from:
  146         (a)Complying with an immigration detainer;
  147         (b)Complying with a request from a federal immigration
  148  agency to notify the agency before the release of an inmate or
  149  detainee in the custody of the state entity, local governmental
  150  entity, or law enforcement agency;
  151         (c)Providing a federal immigration agency access to an
  152  inmate for interview;
  153         (d)Initiating an immigration status investigation; or
  154         (e)Providing a federal immigration agency with an inmate’s
  155  incarceration status or release date.
  156         (7)“Sanctuary policymaker” means a state or local elected
  157  official, or an appointed official of a local governmental
  158  entity governing body, who has voted for, allowed to be
  159  implemented, or voted against, the repeal or prohibition of a
  160  sanctuary policy.
  161         (8)“State entity” means the state or any office, board,
  162  bureau, commission, department, branch, division, or institution
  163  thereof, including institutions within the State University
  164  System and the Florida College System. The term includes a
  165  person holding public office or having official duties as a
  166  representative, agent, or employee of such entity.
  167                               PART II                             
  168                               DUTIES                              
  169         908.201Sanctuary policies prohibited.—A state entity,
  170  local governmental entity, or law enforcement agency may not
  171  adopt or have in effect a sanctuary policy.
  172         908.202Cooperation with federal immigration authorities.—
  173         (1)A state entity, local governmental entity, or law
  174  enforcement agency shall fully comply with and, to the full
  175  extent permitted by law, support the enforcement of federal
  176  immigration law. This subsection is only applicable to an
  177  official, representative, agent, or employee of such entity or
  178  agency when he or she is acting within the scope of his or her
  179  official duties or within the scope of his or her employment.
  180         (2)Except as otherwise expressly prohibited by federal
  181  law, a state entity, local governmental entity, or law
  182  enforcement agency may not prohibit or in any way restrict
  183  another state entity, local governmental entity, or law
  184  enforcement agency from taking any of the following actions with
  185  respect to information regarding a person’s immigration status:
  186         (a)Sending such information to or requesting, receiving,
  187  or reviewing such information from a federal immigration agency
  188  for purposes of this chapter.
  189         (b)Recording and maintaining such information for purposes
  190  of this chapter.
  191         (c)Exchanging such information with a federal immigration
  192  agency or another state entity, local governmental entity, or
  193  law enforcement agency for purposes of this chapter.
  194         (d)Using such information to determine eligibility for a
  195  public benefit, service, or license pursuant to federal or state
  196  law or an ordinance or regulation of a local governmental
  197  entity.
  198         (e)Using such information to verify a claim of residence
  199  or domicile if a determination of residence or domicile is
  200  required under federal or state law, an ordinance or regulation
  201  of a local governmental entity, or a judicial order issued
  202  pursuant to a civil or criminal proceeding in this state.
  203         (f)Using such information to comply with an immigration
  204  detainer.
  205         (g)Using such information to confirm the identity of a
  206  person who is detained by a law enforcement agency.
  207         (3)(a)This subsection applies only in a criminal case in
  208  which:
  209         1.The judgment requires the defendant to be confined in a
  210  secure correctional facility; and
  211         2.The judge:
  212         a.Indicates in the record under s. 908.204 that the
  213  defendant is subject to an immigration detainer; or
  214         b.Otherwise indicates in the record that the defendant is
  215  subject to a transfer into federal custody.
  216         (b)In a criminal case described in paragraph (a), the
  217  judge shall, at the time of pronouncement of a sentence of
  218  confinement, issue an order requiring the secure correctional
  219  facility in which the defendant is to be confined to reduce the
  220  defendant’s sentence by a period of not more than 7 days on the
  221  facility’s determination that the reduction in sentence will
  222  facilitate the seamless transfer of the defendant into federal
  223  custody. For purposes of this paragraph, the term “secure
  224  correctional facility” means a state correctional institution,
  225  as defined in s. 944.02, or a county detention facility or a
  226  municipal detention facility, as defined in s. 951.23.
  227         (c)If the applicable information described in subparagraph
  228  (a)2. is not available at the time the sentence is pronounced in
  229  the case, the judge shall issue the order described in paragraph
  230  (b) as soon as the information becomes available.
  231         (4)Notwithstanding any other provision of law, if a law
  232  enforcement agency has received verification from a federal
  233  immigration agency that an alien in the law enforcement agency’s
  234  custody is unlawfully present in the United States, the law
  235  enforcement agency may securely transport such alien to a
  236  federal facility in this state or to another point of transfer
  237  to federal custody outside the jurisdiction of the law
  238  enforcement agency. A law enforcement agency must obtain
  239  judicial authorization before securely transporting such alien
  240  to a point of transfer outside of this state.
  241         (5)This section does not require a state entity, local
  242  governmental entity, or law enforcement agency to provide a
  243  federal immigration agency with information related to a victim
  244  of or a witness to a criminal offense if such victim or witness
  245  timely and in good faith responds to the entity’s or agency’s
  246  request for information and cooperation in the investigation or
  247  prosecution of such offense.
  248         (6)A state entity, local governmental entity, or law
  249  enforcement agency that, pursuant to subsection (5), withholds
  250  information regarding the immigration information of a victim of
  251  or witness to a criminal offense shall document such victim’s or
  252  witness’s cooperation in the entity’s or agency’s investigative
  253  records related to the offense and shall retain such records for
  254  at least 10 years for the purpose of audit, verification, or
  255  inspection by the Auditor General.
  256         908.203Duties related to certain arrested persons.—
  257         (1)If a person is arrested and is unable to provide proof
  258  of his or her lawful presence in the United States, not later
  259  than 48 hours after the person is arrested and before the person
  260  is released on bond, the law enforcement agency performing the
  261  booking process shall do all of the following:
  262         (a)Review any information available from a federal
  263  immigration agency, including under the federal Priority
  264  Enforcement Program operated by the United States Immigration
  265  and Customs Enforcement or a successor program.
  266         (b)If information obtained under paragraph (a) reveals
  267  that the person is not a citizen of the United States and is
  268  unlawfully present in the United States according to the terms
  269  of the federal Immigration and Nationality Act, 8 U.S.C. ss.
  270  1101 et seq.:
  271         1.Provide notice of that fact to the judge authorized to
  272  grant or deny the person’s release on bail under chapter 903;
  273  and
  274         2.Record that fact in the person’s case file.
  275         (2)A law enforcement agency is not required to perform a
  276  duty imposed under subsection (1) with respect to a person who
  277  is transferred to the custody of the agency by another law
  278  enforcement agency if the transferring agency performed that
  279  duty before transferring custody of the person.
  280         (3)A judge who receives notice of a person’s immigration
  281  status under this section shall ensure that such status is
  282  recorded in the court record.
  283         908.204Duties related to immigration detainer.—
  284         (1)A law enforcement agency that has custody of a person
  285  subject to an immigration detainer issued by a federal
  286  immigration agency shall do all of the following:
  287         (a)Provide to the judge authorized to grant or deny the
  288  person’s release on bail under chapter 903 notice that the
  289  person is subject to an immigration detainer.
  290         (b)Record in the person’s case file that the person is
  291  subject to an immigration detainer.
  292         (c)Comply with, honor, and fulfill the requests made in
  293  the immigration detainer.
  294         (2)A law enforcement agency is not required to perform a
  295  duty imposed by paragraph (1)(a) or paragraph (1)(b) with
  296  respect to a person who is transferred to the custody of the
  297  agency by another law enforcement agency if the transferring
  298  agency performed that duty before transferring custody of the
  299  person.
  300         (3)A judge who receives notice that a person is subject to
  301  a detainer shall ensure that such fact is recorded in the court
  302  record, regardless of whether the notice is received before or
  303  after a judgment in the case.
  304         908.205Reimbursement of costs.—
  305         (1)A board of county commissioners may adopt an ordinance
  306  requiring a person detained pursuant to an immigration detainer
  307  to reimburse the county for any expenses incurred in detaining
  308  the person pursuant to the immigration detainer. A person
  309  detained pursuant to an immigration detainer is not liable under
  310  this section if a federal immigration agency determines that the
  311  immigration detainer was improperly issued.
  312         (2)A local governmental entity or law enforcement agency
  313  may petition the Federal Government for reimbursement of the
  314  entity’s or agency’s detention costs and the costs of compliance
  315  with federal requests when such costs are incurred in support of
  316  the enforcement of federal immigration law.
  317         908.206Duty to report.—
  318         (1)An official, representative, agent, or employee of a
  319  state entity, local governmental entity, or law enforcement
  320  agency shall promptly report a known or probable violation of
  321  this chapter to the Attorney General or the state attorney
  322  having jurisdiction over the entity or agency.
  323         (2)An official, representative, agent, or employee of a
  324  state entity, local governmental entity, or law enforcement
  325  agency who willfully and knowingly fails to report a known or
  326  probable violation of this chapter may be suspended or removed
  327  from office pursuant to general law and s. 7, Art. IV of the
  328  State Constitution.
  329         (3)A state entity, local governmental entity, or law
  330  enforcement agency may not dismiss, discipline, take any adverse
  331  personnel action as defined in s. 112.3187(3) against, or take
  332  any adverse action described in s. 112.3187(4)(b) against, an
  333  official, representative, agent, or employee for complying with
  334  subsection (1).
  335         (4)Section 112.3187 of the Whistle-blower’s Act applies to
  336  an official, representative, agent, or employee of a state
  337  entity, local governmental entity, or law enforcement agency who
  338  is dismissed, disciplined, subjected to any adverse personnel
  339  action as defined in s. 112.3187(3) or any adverse action
  340  described in s. 112.3187(4)(b), or denied employment because he
  341  or she complied with subsection (1).
  342         908.207Implementation.—This chapter shall be implemented
  343  to the fullest extent permitted by federal law regulating
  344  immigration and the legislative findings and intent declared in
  345  s. 908.101.
  346                              PART III                             
  347                             ENFORCEMENT                           
  348         908.301Complaints.—The Attorney General shall prescribe
  349  and provide through the Department of Legal Affairs’ website the
  350  format for a person to submit a complaint alleging a violation
  351  of this chapter. This section does not prohibit the filing of an
  352  anonymous complaint or a complaint not submitted in the
  353  prescribed format. Any person has standing to submit a complaint
  354  under this chapter.
  355         908.302Enforcement; penalties.—
  356         (1)The state attorney for the county in which a state
  357  entity is headquartered or in which a local governmental entity
  358  or law enforcement agency is located has primary responsibility
  359  and authority for investigating credible complaints of a
  360  violation of this chapter. The results of an investigation by a
  361  state attorney shall be provided to the Attorney General in a
  362  timely manner.
  363         (2)(a)A state entity, local governmental entity, or law
  364  enforcement agency against which the state attorney has received
  365  a complaint shall comply with a document request from the state
  366  attorney related to the complaint.
  367         (b)If the state attorney determines that a complaint filed
  368  against a state entity, local governmental entity, or law
  369  enforcement agency is valid, the state attorney shall, not later
  370  than the 10th day after the date of the determination, provide
  371  written notification to the entity or agency that:
  372         1.A complaint has been filed;
  373         2.The state attorney has determined that the complaint is
  374  valid; and
  375         3.The state attorney is authorized to file an action to
  376  enjoin the violation if the entity or agency does not come into
  377  compliance with the requirements of this chapter on or before
  378  the 60th day after the notification is provided.
  379         (c)No later than the 30th day after the day a state
  380  entity, local governmental entity, or law enforcement agency
  381  receives written notification under paragraph (b), the state
  382  entity or local governmental entity or agency shall provide the
  383  state attorney with a copy of all of the following:
  384         1.The entity’s or agency’s written policies and procedures
  385  with respect to federal immigration agency enforcement actions,
  386  including the entity’s or agency’s policies and procedures with
  387  respect to immigration detainers.
  388         2.Each immigration detainer received by the entity or
  389  agency from a federal immigration agency in the current calendar
  390  year-to-date and the two prior calendar years.
  391         3.Each response sent by the entity or agency for an
  392  immigration detainer described in subparagraph 2.
  393         (3)The Attorney General, the state attorney who conducted
  394  the investigation, or a state attorney ordered by the Governor
  395  pursuant to s. 27.14 may institute proceedings in circuit court
  396  to enjoin a state entity, local governmental entity, or law
  397  enforcement agency found to be in violation of this chapter. The
  398  court shall expedite an action under this section, including
  399  setting a hearing at the earliest practicable date.
  400         (4)Upon adjudication by the court or as provided in a
  401  consent decree declaring that a state entity, local governmental
  402  entity, or law enforcement agency has violated this chapter, the
  403  court shall enjoin the unlawful sanctuary policy and order that
  404  such entity or agency pay a civil penalty to the state of at
  405  least $1,000 but not more than $5,000 for each day that the
  406  sanctuary policy was in effect commencing on October 1, 2017, or
  407  the date the sanctuary policy was first enacted, whichever is
  408  later, until the date the injunction was granted. The court
  409  shall have continuing jurisdiction over the parties and subject
  410  matter and may enforce its orders with imposition of additional
  411  civil penalties as provided for in this section and contempt
  412  proceedings as provided by law.
  413         (5)An order approving a consent decree or granting an
  414  injunction or civil penalty pursuant to subsection (4) must
  415  include written findings of fact that describe with specificity
  416  the existence and nature of the sanctuary policy in violation of
  417  s. 908.201 and which identify each sanctuary policymaker who
  418  voted for, allowed to be implemented, or voted against, the
  419  repeal or prohibition of the sanctuary policy. The court shall
  420  provide a copy of the consent decree or order granting an
  421  injunction or civil penalty which contains the written findings
  422  required by this subsection to the Governor within 30 days after
  423  the date of rendition. A sanctuary policymaker identified in an
  424  order approving a consent decree or granting an injunction or
  425  civil penalty may be suspended or removed from office pursuant
  426  to general law and s. 7, Art. IV of the State Constitution.
  427         (6)A state entity, local governmental entity, or law
  428  enforcement agency ordered to pay a civil penalty pursuant to
  429  subsection (4) shall remit payment to the Chief Financial
  430  Officer, who shall deposit such payment into the General Revenue
  431  Fund.
  432         (7)Except as required by law, public funds may not be used
  433  to defend or reimburse a sanctuary policymaker or an official,
  434  representative, agent, or employee of a state entity, local
  435  governmental entity, or law enforcement agency who knowingly and
  436  willfully violates this chapter.
  437         908.303Civil cause of action for personal injury or
  438  wrongful death attributed to a sanctuary policy; trial by jury;
  439  required written findings.—
  440         (1)A person injured by the tortious acts or omissions of
  441  an alien unlawfully present in the United States, or the
  442  personal representative of a person killed by the tortious acts
  443  or omissions of an alien unlawfully present in the United
  444  States, has a cause of action for damages against a state
  445  entity, local governmental entity, or law enforcement agency in
  446  violation of ss. 908.201 and 908.202 upon proof by the greater
  447  weight of the evidence of:
  448         (a)The existence of a sanctuary policy in violation of s.
  449  908.201; and
  450         (b)A failure to comply with a provision of s. 908.202
  451  resulting in such alien’s having access to the person injured or
  452  killed when the tortious acts or omissions occurred.
  453         (2)A cause of action brought pursuant to subsection (1)
  454  may not be brought against a person who holds public office or
  455  who has official duties as a representative, agent, or employee
  456  of a state entity, local governmental entity, or law enforcement
  457  agency, including a sanctuary policymaker.
  458         (3)Trial by jury is a matter of right in an action brought
  459  under this section.
  460         (4)A final judgment entered in favor of a plaintiff in a
  461  cause of action brought pursuant to this section must include
  462  written findings of fact that describe with specificity the
  463  existence and nature of the sanctuary policy in violation of s.
  464  908.201 and that identify each sanctuary policymaker who voted
  465  for, allowed to be implemented, or voted against, the repeal or
  466  prohibition of the sanctuary policy. The court shall provide a
  467  copy of the final judgment containing the written findings
  468  required by this subsection to the Governor within 30 days after
  469  the date of rendition. A sanctuary policymaker identified in a
  470  final judgment may be suspended or removed from office pursuant
  471  to general law and s. 7, Art. IV of the State Constitution.
  472         (5)Except as provided in this section, this chapter does
  473  not create a private cause of action against a state entity,
  474  local governmental entity, or law enforcement agency that
  475  complies with this chapter.
  476         908.304Ineligibility for state grant funding.—
  477         (1)Notwithstanding any other provision of law, a state
  478  entity, local governmental entity, or law enforcement agency is
  479  ineligible to receive funding from nonfederal grant programs
  480  administered by state agencies that receive funding from the
  481  General Appropriations Act for a period of 5 years from the date
  482  of adjudication that such state entity, local governmental
  483  entity, or law enforcement agency had in effect a sanctuary
  484  policy in violation of this chapter.
  485         (2)The Chief Financial Officer shall be notified by the
  486  state attorney of an adjudicated violation of this chapter by a
  487  state entity, local governmental entity, or law enforcement
  488  agency and be provided with a copy of the final court
  489  injunction, order, or judgment. Upon receiving such notice, the
  490  Chief Financial Officer shall timely inform all state agencies
  491  that administer nonfederal grant funding of the adjudicated
  492  violation by the state entity, local governmental entity, or law
  493  enforcement agency and direct such agencies to cancel all
  494  pending grant applications and enforce the ineligibility of such
  495  entity or agency for the prescribed period.
  496         (3)This section does not apply to:
  497         (a)Funding that is received as a result of an
  498  appropriation to a specifically named state entity, local
  499  governmental entity, or law enforcement agency in the General
  500  Appropriations Act or other law.
  501         (b)Grants awarded before the date of adjudication that
  502  such state entity, local governmental entity, or law enforcement
  503  agency had in effect a sanctuary policy in violation of this
  504  chapter.
  505                               PART IV                             
  506                            MISCELLANEOUS                          
  507         908.401Education records.—This chapter does not apply to
  508  the release of information contained in education records of an
  509  educational agency or institution, except in conformity with the
  510  Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s.
  511  1232g.
  512         908.402Discrimination prohibited.—A state entity, local
  513  governmental entity, or law enforcement agency, or a person
  514  employed by or otherwise under the direction or control of such
  515  an entity, may not base its actions under this chapter on the
  516  gender, race, religion, national origin, or physical disability
  517  of a person except to the extent permitted by the United States
  518  Constitution or the State Constitution.
  519         Section 3. A sanctuary policy, as defined in s. 908.102,
  520  Florida Statutes, as created by this act, which is in effect on
  521  July 1, 2017, must be repealed within 90 days after that date.
  522         Section 4. Except for sections 908.302 and 908.303, Florida
  523  Statutes, as created by this act, which shall take effect
  524  October 1, 2017, this act shall take effect July 1, 2017.