Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 168
       
       
       
       
       
       
                                Ì330876EÎ330876                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2019           .                                
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       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.