Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 168 Ì384212tÎ384212 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Rodriguez) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Short title.—This act may be cited as the “Rule 6 of Law Adherence Act.” 7 Section 2. Chapter 908, Florida Statutes, consisting of 8 sections 908.101-908.402, is created to read: 9 CHAPTER 908 10 FEDERAL IMMIGRATION ENFORCEMENT 11 PART I 12 FINDINGS AND INTENT AND DEFINITIONS 13 908.101 Legislative findings and intent.—The Legislature 14 finds that it is an important state interest that state entities 15 and their officials have an affirmative duty to all citizens and 16 other persons lawfully present in the United States to assist 17 the Federal Government in the enforcement of federal immigration 18 laws within this state, including their compliance with federal 19 immigration detainers. The Legislature further finds that it is 20 an important state interest that, in the interest of public 21 safety and adherence to federal law, this state support federal 22 immigration enforcement efforts and ensure that such efforts are 23 not impeded or thwarted by state laws, policies, practices, 24 procedures, or customs. State entities and their officials who 25 encourage persons unlawfully present in the United States to 26 locate within this state or who shield such persons from 27 personal responsibility for their unlawful actions breach this 28 duty and should be held accountable. 29 908.102 Definitions.—As used in this chapter, the term: 30 (1) “Federal immigration agency” means the United States 31 Department of Justice and the United States Department of 32 Homeland Security, a division within such an agency, including 33 United States Immigration and Customs Enforcement and United 34 States Customs and Border Protection, any successor agency, and 35 any other federal agency charged with the enforcement of 36 immigration law. The term includes an official or employee of 37 such an agency. 38 (2) “Immigration detainer” means a facially sufficient 39 written or electronic request issued by a federal immigration 40 agency using that agency’s official form to request that another 41 law enforcement agency detain a person based on probable cause 42 to believe that the person to be detained is a removable alien 43 under federal immigration law, including detainers issued 44 pursuant to 8 U.S.C. ss. 1226 and 1357. For purposes of this 45 subsection, an immigration detainer is deemed facially 46 sufficient if: 47 (a) The federal immigration agency’s official form is 48 complete and indicates on its face that the federal immigration 49 official has probable cause to believe that the person to be 50 detained is a removable alien under federal immigration law; or 51 (b) The federal immigration agency’s official form is 52 incomplete and fails to indicate on its face that the federal 53 immigration official has probable cause to believe that the 54 person to be detained is a removable alien under federal 55 immigration law, but is supported by an affidavit, order, or 56 other official documentation that indicates that the federal 57 immigration agency has probable cause to believe that the person 58 to be detained is a removable alien under federal immigration 59 law. 60 (3) “Inmate” means a person in the custody of a law 61 enforcement agency. 62 (4) “Law enforcement agency” means an agency in this state 63 charged with enforcement of state or federal laws or with 64 managing custody of detained persons in the state and includes 65 state police departments and the Department of Corrections. The 66 term includes an official or employee of such an agency. 67 (5) “Sanctuary policy” means a law, policy, practice, 68 procedure, or custom adopted or permitted by a state entity or 69 law enforcement agency which contravenes 8 U.S.C. s. 1373(a) or 70 (b) or which knowingly prohibits or impedes a law enforcement 71 agency from communicating or cooperating with a federal 72 immigration agency with respect to federal immigration 73 enforcement, including, but not limited to, limiting a state 74 entity or law enforcement agency in, or prohibiting such an 75 entity or agency from: 76 (a) Complying with an immigration detainer; 77 (b) Complying with a request from a federal immigration 78 agency to notify the agency before the release of an inmate or 79 detainee in the custody of the state entity or law enforcement 80 agency; 81 (c) Providing a federal immigration agency access to an 82 inmate for interview; 83 (d) Initiating an immigration status investigation; or 84 (e) Providing a federal immigration agency with an inmate’s 85 incarceration status or release date. 86 (6) “Sanctuary policymaker” means a state official who has 87 voted for, allowed to be implemented, or voted against repeal or 88 prohibition of a sanctuary policy. 89 (7) “State entity” means the state or any office, board, 90 bureau, commission, department, branch, division, or institution 91 thereof. The term includes a person holding public office or 92 having official duties as a representative, agent, or employee 93 of such entity. 94 PART II 95 DUTIES 96 908.201 Sanctuary policies prohibited.—A state entity or 97 law enforcement agency may not adopt or have in effect a 98 sanctuary policy. 99 908.202 Cooperation with federal immigration authorities.— 100 (1) A state entity or law enforcement agency shall fully 101 comply with and, to the full extent permitted by law, support 102 the enforcement of federal immigration law. This subsection 103 applies to an official, representative, agent, or employee of 104 such entity or agency only when he or she is acting within the 105 scope of his or her official duties or within the scope of his 106 or her employment. 107 (2) Except as otherwise expressly prohibited by federal 108 law, a state entity or law enforcement agency may not prohibit 109 or in any way restrict another state entity or law enforcement 110 agency from taking any of the following actions with respect to 111 information regarding a person’s immigration status: 112 (a) Sending such information to or requesting, receiving, 113 or reviewing such information from a federal immigration agency 114 for purposes of this chapter. 115 (b) Recording and maintaining such information for purposes 116 of this chapter. 117 (c) Exchanging such information with a federal immigration 118 agency or another state entity or law enforcement agency for 119 purposes of this chapter. 120 (d) Using such information to determine eligibility for a 121 public benefit, service, or license pursuant to federal or state 122 law. 123 (e) Using such information to verify a claim of residence 124 or domicile if a determination of residence or domicile is 125 required under federal or state law or a judicial order issued 126 pursuant to a civil or criminal proceeding in this state. 127 (f) Using such information to comply with an immigration 128 detainer. 129 (g) Using such information to confirm the identity of a 130 person who is detained by a law enforcement agency. 131 (3)(a) For purposes of this subsection the term “applicable 132 criminal case” means a criminal case in which: 133 1. The judgment requires the defendant to be confined in a 134 secure correctional facility; and 135 2. The judge: 136 a. Indicates in the record under s. 908.204 that the 137 defendant is subject to an immigration detainer; or 138 b. Otherwise indicates in the record that the defendant is 139 subject to a transfer into federal custody. 140 (b) In an applicable criminal case, at the time of 141 pronouncement of a sentence of confinement, the judge shall 142 issue an order requiring the secure correctional facility in 143 which the defendant is to be confined to reduce the defendant’s 144 sentence by a period of not more than 7 days on the facility’s 145 determination that the reduction in sentence will facilitate the 146 seamless transfer of the defendant into federal custody. For 147 purposes of this paragraph, the term “secure correctional 148 facility” means a state correctional institution as defined in 149 s. 944.02. 150 (c) If the information specified in sub-subparagraph 151 (a)2.a. or sub-subparagraph (a)2.b. is not available at the time 152 the sentence is pronounced in the case, the judge shall issue 153 the order described by paragraph (b) as soon as the information 154 becomes available. 155 (4) Notwithstanding any other provision of law, if a law 156 enforcement agency has received verification from a federal 157 immigration agency that an alien in the law enforcement agency’s 158 custody is unlawfully present in the United States, the law 159 enforcement agency may securely transport such alien to a 160 federal facility in this state or to another point of transfer 161 to federal custody outside the jurisdiction of the law 162 enforcement agency. A law enforcement agency shall obtain 163 judicial authorization before securely transporting such alien 164 to a point of transfer outside of this state. 165 (5) This section does not require a state entity or law 166 enforcement agency to provide a federal immigration agency with 167 information related to a victim of or a witness to a criminal 168 offense if such victim or witness timely and in good faith 169 responds to the entity’s or agency’s request for information and 170 cooperation in the investigation or prosecution of such offense. 171 (6) A state entity or law enforcement agency that, pursuant 172 to subsection (5), withholds information regarding the 173 immigration information of a victim of or witness to a criminal 174 offense shall document such victim’s or witness’s cooperation in 175 the entity’s or agency’s investigative records related to the 176 offense and shall retain such records for at least 10 years for 177 the purpose of audit, verification, or inspection by the Auditor 178 General. 179 908.203 Duties related to certain arrested persons.— 180 (1) If a person is arrested and is unable to provide proof 181 of his or her lawful presence in the United States, not later 182 than 48 hours after the person is arrested, and before the 183 person is released on bond, a law enforcement agency performing 184 the booking process: 185 (a) Shall review any information available from a federal 186 immigration agency. 187 (b) If information obtained under paragraph (a) reveals 188 that the person is not a citizen of the United States and is 189 unlawfully present in the United States according to the terms 190 of the federal Immigration and Nationality Act, 8 U.S.C. ss. 191 1101 et seq., must: 192 1. Provide immediate notice of the person’s arrest and 193 charges to a federal immigration agency. 194 2. Provide notice of that fact to the judge authorized to 195 grant or deny the person’s release on bail under chapter 903. 196 3. Record the person’s arrest and charges in the person’s 197 case file. 198 (2) A law enforcement agency is not required to perform the 199 duty imposed by subsection (1) with respect to a person who is 200 transferred to the custody of the agency by another law 201 enforcement agency if the transferring agency performed that 202 duty before the transfer. 203 (3) A judge who receives notice of a person’s immigration 204 status under this section shall ensure that such status is 205 recorded in the court record. 206 908.204 Duties related to immigration detainers.— 207 (1) A law enforcement agency that has custody of a person 208 subject to an immigration detainer issued by a federal 209 immigration agency shall: 210 (a) Provide to the judge authorized to grant or deny the 211 person’s release on bail under chapter 903 notice that the 212 person is subject to an immigration detainer. 213 (b) Record in the person’s case file that the person is 214 subject to an immigration detainer. 215 (c) Comply with, honor, and fulfill the requests made in 216 the immigration detainer. 217 (2) A law enforcement agency is not required to perform a 218 duty imposed by paragraph (1)(a) or paragraph (1)(b) with 219 respect to a person who is transferred to the custody of the 220 agency by another law enforcement agency if the transferring 221 agency performed that duty before the transfer. 222 (3) A judge who receives notice that a person is subject to 223 an immigration detainer shall ensure that such fact is recorded 224 in the court record, regardless of whether the notice is 225 received before or after a judgment in the case. 226 908.205 Reimbursement of costs.—A state entity or law 227 enforcement agency may petition the Federal Government for 228 reimbursement of the entity’s or agency’s detention costs and 229 the costs of compliance with federal requests when such costs 230 are incurred in support of the enforcement of federal 231 immigration law. 232 908.206 Duty to report.— 233 (1) An official, representative, agent, or employee of a 234 state entity or law enforcement agency shall promptly report a 235 known or probable violation of this chapter to the Attorney 236 General or the state attorney having jurisdiction over the 237 entity or agency. 238 (2) An official, representative, agent, or employee of a 239 state entity or law enforcement agency who willfully and 240 knowingly fails to report a known or probable violation of this 241 chapter may be suspended or removed from office pursuant to 242 general law and s. 7, Art. IV of the State Constitution. 243 (3) A state entity or law enforcement agency may not 244 dismiss, discipline, take any adverse personnel action as 245 defined in s. 112.3187(3) against, or take any adverse action 246 described in s. 112.3187(4)(b) against, an official, 247 representative, agent, or employee for complying with subsection 248 (1). 249 (4) Section 112.3187 of the Whistle-blower’s Act applies to 250 an official, representative, agent, or employee of a state 251 entity or law enforcement agency who is dismissed, disciplined, 252 subject to any adverse personnel action as defined in s. 253 112.3187(3) or any adverse action described in s. 254 112.3187(4)(b), or denied employment because he or she complied 255 with subsection (1). 256 908.207 Implementation.—This chapter shall be implemented 257 to the fullest extent permitted by federal law regulating 258 immigration and the legislative findings and intent declared in 259 s. 908.101. 260 PART III 261 ENFORCEMENT 262 908.301 Complaints.—The Attorney General shall prescribe 263 and provide through the Department of Legal Affairs’ website the 264 format for a person to submit a complaint alleging a violation 265 of this chapter. This section does not prohibit the filing of an 266 anonymous complaint or a complaint not submitted in the 267 prescribed format. Any person has standing to submit a complaint 268 under this chapter. 269 908.302 Enforcement; penalties.— 270 (1) The state attorney for the county in which a state 271 entity is headquartered or a law enforcement agency is located 272 has primary responsibility and authority for investigating 273 credible complaints of a violation of this chapter. The results 274 of an investigation by a state attorney shall be provided to the 275 Attorney General in a timely manner. 276 (2)(a) A state entity or law enforcement agency about which 277 the state attorney has received a complaint shall comply with a 278 document request from the state attorney related to the 279 complaint. 280 (b) If the state attorney determines that a complaint filed 281 against a state entity or law enforcement agency is valid, the 282 state attorney shall, not later than the 10th day after the date 283 of the determination, provide written notification to the entity 284 or agency that: 285 1. The complaint has been filed. 286 2. The state attorney has determined that the complaint is 287 valid. 288 3. The state attorney is authorized to file an action to 289 enjoin the violation if the entity or agency does not come into 290 compliance with the requirements of this chapter on or before 291 the 60th day after the notification is provided. 292 (c) Not later than the 30th day after the day a state 293 entity or law enforcement agency receives written notification 294 under paragraph (b), the entity or the agency shall provide the 295 state attorney with a copy of: 296 1. The entity’s or agency’s written policies and procedures 297 with respect to federal immigration agency enforcement actions, 298 including the entity’s or agency’s policies and procedures with 299 respect to immigration detainers. 300 2. Each immigration detainer received by the entity or 301 agency from a federal immigration agency in the current calendar 302 year-to-date and the 2 prior calendar years. 303 3. Each response sent by the entity or agency for an 304 immigration detainer described by subparagraph 2. 305 (3) The Attorney General, the state attorney who conducted 306 the investigation, or a state attorney so ordered by the 307 Governor pursuant to s. 27.14 may institute proceedings in 308 circuit court to enjoin a state entity or law enforcement agency 309 found to be in violation of this chapter. Venue of an action 310 brought by the Attorney General may be in Leon County. The court 311 shall expedite an action under this section, including setting a 312 hearing at the earliest practicable date. 313 (4) Upon adjudication by the court or as provided in a 314 consent decree declaring that a state entity or law enforcement 315 agency has violated this chapter, the court shall enjoin the 316 unlawful sanctuary policy and order that such entity or agency 317 pay a civil penalty to the state of at least $1,000 but not more 318 than $5,000 for each day that the sanctuary policy was in effect 319 commencing on October 1, 2019, or the date the sanctuary policy 320 was first enacted, whichever is later, until the date the 321 injunction was granted. The court has continuing jurisdiction 322 over the parties and subject matter and may enforce its orders 323 with the imposition of additional civil penalties as provided 324 for in this section and the initiation of contempt proceedings 325 as provided by law. 326 (5) An order approving a consent decree or granting an 327 injunction or imposing civil penalties pursuant to subsection 328 (4) must include written findings of fact that describe with 329 specificity the existence and nature of the sanctuary policy 330 that is in violation of s. 908.201 and identify each sanctuary 331 policymaker who voted for, allowed to be implemented, or voted 332 against repeal or prohibition of the sanctuary policy. The court 333 shall provide to the Governor a copy of the consent decree or 334 order granting an injunction or imposing civil penalties which 335 contains the written findings required by this subsection within 336 30 days after the date of rendition. A sanctuary policymaker 337 identified in an order approving a consent decree or granting an 338 injunction or imposing civil penalties may be suspended or 339 removed from office pursuant to general law and s. 7, Art. IV of 340 the State Constitution. 341 (6) A state entity or law enforcement agency ordered to pay 342 a civil penalty pursuant to subsection (4) shall remit such 343 payment to the Chief Financial Officer, who shall deposit it 344 into the General Revenue Fund. 345 (7) Except as required by law, public funds may not be used 346 to defend or reimburse a sanctuary policymaker or an official, 347 representative, agent, or employee of a state entity or law 348 enforcement agency who knowingly and willfully violates this 349 chapter. 350 908.303 Civil cause of action for personal injury or 351 wrongful death attributed to a sanctuary policy; trial by jury; 352 required written findings.— 353 (1) A person injured in this state by the tortious acts or 354 omissions of an alien unlawfully present in the United States, 355 or the personal representative of a person killed in this state 356 by the tortious acts or omissions of an alien unlawfully present 357 in the United States, has a cause of action for damages against 358 a state entity or law enforcement agency in violation of ss. 359 908.201 and 908.202 upon proof by the greater weight of the 360 evidence of: 361 (a) The existence of a sanctuary policy in violation of s. 362 908.201; and 363 (b)1. A failure to comply with s. 908.202 which results in 364 such alien’s having access to the person injured or killed when 365 the tortious acts or omissions occurred; or 366 2. A failure to comply with s. 908.204(1)(c) which results 367 in such alien’s having access to the person injured or killed 368 when the tortious acts or omissions occurred. 369 (2) A cause of action brought pursuant to subsection (1) 370 may not be brought against a person who holds public office or 371 who has official duties as a representative, agent, or employee 372 of a state entity or law enforcement agency, including a 373 sanctuary policymaker. 374 (3) Trial by jury is a matter of right in an action brought 375 under this section. 376 (4) A final judgment entered in favor of a plaintiff in a 377 cause of action brought pursuant to this section must include 378 written findings of fact that describe with specificity the 379 existence and nature of the sanctuary policy that is in 380 violation of s. 908.201 and that identify each sanctuary 381 policymaker who voted for, allowed to be implemented, or voted 382 against repeal or prohibition of the sanctuary policy. The court 383 shall provide a copy of the final judgment containing the 384 written findings required by this subsection to the Governor 385 within 30 days after the date of rendition. A sanctuary 386 policymaker identified in a final judgment may be suspended or 387 removed from office pursuant to general law and s. 7, Art. IV of 388 the State Constitution. 389 (5) Except as provided in this section, this chapter does 390 not create a private cause of action against a state entity or 391 law enforcement agency that complies with this chapter. 392 908.304 Ineligibility for state grant funding.— 393 (1) Notwithstanding any other provision of law, a state 394 entity or law enforcement agency is ineligible to receive 395 funding from nonfederal grant programs administered by state 396 agencies that receive funding from the General Appropriations 397 Act for a period of 5 years after the date of adjudication that 398 such state entity or law enforcement agency had in effect a 399 sanctuary policy in violation of this chapter. 400 (2) The applicable state attorney shall notify the Chief 401 Financial Officer of an adjudicated violation of this chapter by 402 a state entity or law enforcement agency and shall provide him 403 or her a copy of the final court injunction, order, or judgment. 404 Upon receiving such notice, the Chief Financial Officer shall 405 timely inform all state agencies that administer nonfederal 406 grant funding of the adjudicated violation by the state entity 407 or law enforcement agency and direct such agencies to cancel all 408 pending grant applications and enforce the ineligibility of such 409 entity for the prescribed period. 410 (3) This subsection does not apply to: 411 (a) Funding that is received as a result of an 412 appropriation to a specifically named state entity or law 413 enforcement agency in the General Appropriations Act or other 414 law. 415 (b) Grants awarded prior to the date of adjudication that 416 such state entity or law enforcement agency had in effect a 417 sanctuary policy in violation of this chapter. 418 PART IV 419 MISCELLANEOUS 420 908.401 Education records.—This chapter does not apply to 421 the release of information contained in education records of an 422 educational agency or institution, except in conformity with the 423 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 424 1232g. 425 908.402 Discrimination prohibited.—A state entity or a law 426 enforcement agency, or a person employed by or otherwise under 427 the direction or control of such an entity or agency, may not 428 base its actions under this chapter on the gender, race, 429 religion, national origin, or physical disability of a person 430 except to the extent authorized by the United States 431 Constitution or the State Constitution. 432 Section 3. A sanctuary policy, as defined in s. 908.102, 433 Florida Statutes, as created by this act, that is in effect on 434 the effective date of this act must be repealed within 90 days 435 after that date. 436 Section 4. Sections 908.302 and 908.303, Florida Statutes, 437 as created by this act, shall take effect October 1, 2019, and, 438 except as otherwise expressly provided in this act, this act 439 shall take effect July 1, 2019. 440 441 ================= T I T L E A M E N D M E N T ================ 442 And the title is amended as follows: 443 Delete everything before the enacting clause 444 and insert: 445 A bill to be entitled 446 An act relating to federal immigration enforcement; 447 providing a short title; creating chapter 908, F.S., 448 relating to federal immigration enforcement; providing 449 legislative findings and intent; providing 450 definitions; prohibiting sanctuary policies; requiring 451 state entities and law enforcement agencies to comply 452 with and support the enforcement of federal 453 immigration law; prohibiting restrictions by such 454 entities and agencies on taking certain actions with 455 respect to information regarding a person’s 456 immigration status; providing requirements concerning 457 certain criminal defendants subject to immigration 458 detainers or otherwise subject to transfer to federal 459 custody; authorizing a law enforcement agency to 460 transport an alien unlawfully present in the United 461 States under certain circumstances; providing an 462 exception to reporting requirements for crime victims 463 or witnesses; requiring recordkeeping relating to 464 crime victim and witness cooperation in certain 465 investigations; specifying duties concerning certain 466 arrested persons; specifying duties concerning 467 immigration detainers; authorizing state entities or 468 law enforcement agencies to petition the Federal 469 Government for reimbursement of certain costs; 470 requiring reports of violations; providing penalties 471 for failure to report violations; providing whistle 472 blower protections for persons who report violations; 473 requiring the Attorney General to prescribe and 474 provide the format for submitting complaints; 475 providing requirements for entities to comply with 476 document requests from state attorneys concerning 477 violations; providing for investigation of possible 478 violations; providing for injunctive relief and civil 479 penalties; providing for venue; requiring written 480 findings; prohibiting the expenditure of public funds 481 for specified purposes; providing a civil cause of 482 action for personal injury or wrongful death 483 attributed to a sanctuary policy; providing that a 484 trial by jury is a matter of right; requiring written 485 findings; providing for ineligibility to receive 486 certain funding for a specified period of time; 487 providing for applicability to certain education 488 records; prohibiting discrimination on specified 489 grounds; providing for implementation; requiring 490 repeal of existing sanctuary policies within a 491 specified period; providing effective dates.