Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. CS for CS for SB 168 Ì330876EÎ330876 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Gruters) recommended the following: 1 Senate Amendment 2 3 Delete lines 49 - 116 4 and insert: 5 immigration law. 6 (2) “Immigration detainer” means a facially sufficient 7 written or electronic request issued by a federal immigration 8 agency using that agency’s official form to request that another 9 law enforcement agency detain a person based on probable cause 10 to believe that the person to be detained is a removable alien 11 under federal immigration law, including detainers issued 12 pursuant to 8 U.S.C. ss. 1226 and 1357 along with a warrant 13 described in paragraph (c). For purposes of this subsection, an 14 immigration detainer is deemed facially sufficient if: 15 (a) The federal immigration agency’s official form is 16 complete and indicates on its face that the federal immigration 17 official has probable cause to believe that the person to be 18 detained is a removable alien under federal immigration law; or 19 (b) The federal immigration agency’s official form is 20 incomplete and fails to indicate on its face that the federal 21 immigration official has probable cause to believe that the 22 person to be detained is a removable alien under federal 23 immigration law, but is supported by an affidavit, order, or 24 other official documentation that indicates that the federal 25 immigration agency has probable cause to believe that the person 26 to be detained is a removable alien under federal immigration 27 law; and 28 (c) The federal immigration agency supplies with its 29 detention request a Form I-200 Warrant for Arrest of Alien or a 30 Form I-205 Warrant of Removal/Deportation or a successor warrant 31 or other warrant authorized by federal law. 32 (3) “Inmate” means a person in the custody of a law 33 enforcement agency. 34 (4) “Law enforcement agency” means an agency in this state 35 charged with enforcement of state, county, municipal, or federal 36 laws or with managing custody of detained persons in the state 37 and includes municipal police departments, sheriff’s offices, 38 state police departments, state university and college police 39 departments, county correctional agencies, and the Department of 40 Corrections. 41 (5) “Local governmental entity” means any county, 42 municipality, or other political subdivision of this state. 43 (6) “Sanctuary policy” means a law, policy, practice, 44 procedure, or custom adopted or permitted by a state entity, 45 local governmental entity, or law enforcement agency which 46 contravenes 8 U.S.C. s. 1373(a) or (b) or which knowingly 47 prohibits or impedes a law enforcement agency from communicating 48 or cooperating with a federal immigration agency with respect to 49 federal immigration enforcement, including, but not limited to, 50 limiting a law enforcement agency in, or prohibiting such agency 51 from: 52 (a) Complying with an immigration detainer; 53 (b) Complying with a request from a federal immigration 54 agency to notify the agency before the release of an inmate or 55 detainee in the custody of the law enforcement agency; 56 (c) Providing a federal immigration agency access to an 57 inmate for interview; 58 (d) Participating in any program or agreement authorized 59 under section 287 of the Immigration and Nationality Act, 8 60 U.S.C. s. 1357; or 61 (e) Providing a federal immigration agency with an inmate’s 62 incarceration status or release date. 63 (7) “State entity” means the state or any office, board, 64 bureau, commission, department, branch, division, or institution 65 thereof, including institutions within the State University 66 System and the Florida College System.