Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 168 Ì3843185Î384318 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Gruters) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Chapter 908, Florida Statutes, consisting of 6 sections 908.101-908.109, is created to read: 7 908.101 Legislative findings and intent.—The Legislature 8 finds that it is an important state interest to cooperate and 9 assist the federal government in the enforcement of federal 10 immigration laws within this state. 11 908.102 Definitions.—As used in this chapter, the term: 12 (1) “Federal immigration agency” means the United States 13 Department of Justice and the United States Department of 14 Homeland Security, a division within such an agency, including 15 United States Immigration and Customs Enforcement and United 16 States Customs and Border Protection, any successor agency, and 17 any other federal agency charged with the enforcement of 18 immigration law. The term includes an official or employee of 19 such an agency. 20 (2) “Immigration detainer” means a facially sufficient 21 written or electronic request issued by a federal immigration 22 agency using that agency’s official form to request that another 23 law enforcement agency detain a person based on probable cause 24 to believe that the person to be detained is a removable alien 25 under federal immigration law, including detainers issued 26 pursuant to 8 U.S.C. ss. 1226 and 1357 along with a warrant 27 described in paragraph (c). For purposes of this subsection, an 28 immigration detainer is deemed facially sufficient if: 29 (a) The federal immigration agency’s official form is 30 complete and indicates on its face that the federal immigration 31 official has probable cause to believe that the person to be 32 detained is a removable alien under federal immigration law; or 33 (b) The federal immigration agency’s official form is 34 incomplete and fails to indicate on its face that the federal 35 immigration official has probable cause to believe that the 36 person to be detained is a removable alien under federal 37 immigration law, but is supported by an affidavit, order, or 38 other official documentation that indicates that the federal 39 immigration agency has probable cause to believe that the person 40 to be detained is a removable alien under federal immigration 41 law; and 42 (c) The federal immigration agency supplies with its 43 detention request a Form I-200 Warrant for Arrest of Alien or a 44 Form I-205 Warrant of Removal/Deportation or a successor warrant 45 or other warrant authorized by federal law. 46 (3) “Inmate” means a person in the custody of a law 47 enforcement agency. 48 (4) “Law enforcement agency” means an agency in this state 49 charged with enforcement of state, county, municipal, or federal 50 laws or with managing custody of detained persons in the state 51 and includes municipal police departments, sheriff’s offices, 52 state police departments, state university and college police 53 departments, county correctional agencies, and the Department of 54 Corrections. The term includes an official or employee of such 55 an agency. 56 (5) “Local governmental entity” means any county, 57 municipality, or other political subdivision of this state. The 58 term includes a person holding public office or having official 59 duties as a representative, agent, or employee of the entity. 60 (6) “Sanctuary policy” means a law, policy, practice, 61 procedure, or custom adopted or permitted by a state entity, 62 local governmental entity, or law enforcement agency which 63 contravenes 8 U.S.C. s. 1373(a) or (b) or which knowingly 64 prohibits or impedes a law enforcement agency from communicating 65 or cooperating with a federal immigration agency with respect to 66 federal immigration enforcement, including, but not limited to, 67 limiting a law enforcement agency in, or prohibiting such agency 68 from: 69 (a) Complying with an immigration detainer; 70 (b) Complying with a request from a federal immigration 71 agency to notify the agency before the release of an inmate or 72 detainee in the custody of the law enforcement agency; 73 (c) Providing a federal immigration agency access to an 74 inmate for interview; 75 (d) Participating in any program or agreement authorized 76 under section 287 of the Immigration and Nationality Act, 8 77 U.S.C. s. 1357; or 78 (e) Providing a federal immigration agency with an inmate’s 79 incarceration status or release date. 80 (7) “State entity” means the state or any office, board, 81 bureau, commission, department, branch, division, or institution 82 thereof, including institutions within the State University 83 System and the Florida College System. The term includes a 84 person holding public office or having official duties as a 85 representative, agent, or employee of the entity. 86 908.103 Sanctuary policies prohibited.—A state entity, law 87 enforcement agency, or local governmental entity may not adopt 88 or have in effect a sanctuary policy. 89 908.104 Cooperation with federal immigration authorities.— 90 (1) A law enforcement agency shall use best efforts to 91 support the enforcement of federal immigration law. This 92 subsection applies to an official, representative, agent, or 93 employee of the entity or agency only when he or she is acting 94 within the scope of his or her official duties or within the 95 scope of his or her employment. 96 (2) Except as otherwise expressly prohibited by federal 97 law, a state entity, local governmental entity, or law 98 enforcement agency may not prohibit or in any way restrict a law 99 enforcement agency from taking any of the following actions with 100 respect to information regarding a person’s immigration status: 101 (a) Sending the information to or requesting, receiving, or 102 reviewing the information from a federal immigration agency for 103 purposes of this chapter. 104 (b) Recording and maintaining the information for purposes 105 of this chapter. 106 (c) Exchanging the information with a federal immigration 107 agency or another state entity, local governmental entity, or 108 law enforcement agency for purposes of this chapter. 109 (d) Using the information to comply with an immigration 110 detainer. 111 (e) Using the information to confirm the identity of a 112 person who is detained by a law enforcement agency. 113 (3)(a) For purposes of this subsection the term “applicable 114 criminal case” means a criminal case in which: 115 1. The judgment requires the defendant to be confined in a 116 secure correctional facility; and 117 2. The judge: 118 a. Indicates in the record under s. 908.105 that the 119 defendant is subject to an immigration detainer; or 120 b. Otherwise indicates in the record that the defendant is 121 subject to a transfer into federal custody. 122 (b) In an applicable criminal case, when the judge 123 sentences a defendant who is the subject of an immigration 124 detainer to confinement, the judge shall issue an order 125 requiring the secure correctional facility in which the 126 defendant is to be confined to reduce the defendant’s sentence 127 by a period of not more than 7 days on the facility’s 128 determination that the reduction in sentence will facilitate the 129 seamless transfer of the defendant into federal custody. For 130 purposes of this paragraph, the term “secure correctional 131 facility” means a state correctional institution as defined in 132 s. 944.02 or a county detention facility or a municipal 133 detention facility as defined in s. 951.23. 134 (c) If the information specified in sub-subparagraph 135 (a)2.a. or sub-subparagraph (a)2.b. is not available at the time 136 the sentence is pronounced in the case, but is received by a law 137 enforcement agency afterwards, the law enforcement agency shall 138 notify the judge who shall issue the order described by 139 paragraph (b) as soon as the information becomes available. 140 (4) When a county correctional facility or the Department 141 of Corrections receives verification from a federal immigration 142 agency that a person subject to an immigration detainer is in 143 the law enforcement agency’s custody, the agency may securely 144 transport the person to a federal facility in this state or to 145 another point of transfer to federal custody outside the 146 jurisdiction of the law enforcement agency. However, the law 147 enforcement agency may transport a person who is subject to an 148 immigration detainer and is confined in a secure correctional 149 facility only upon authorization by a court order unless the 150 transportation will occur within the 7 day period under 151 subsection (3). A law enforcement agency shall obtain judicial 152 authorization before securely transporting an alien to a point 153 of transfer outside of this state. 154 (5) This section does not require a state entity, local 155 governmental entity, or law enforcement agency to provide a 156 federal immigration agency with information related to a victim 157 of or a witness to a criminal offense if the victim or witness 158 timely and in good faith responds to the entity’s or agency’s 159 request for information and cooperation in the investigation or 160 prosecution of the offense. 161 (6) A state entity, local governmental entity, or law 162 enforcement agency that, pursuant to subsection (5), withholds 163 information regarding the immigration information of a victim of 164 or witness to a criminal offense shall document the victim’s or 165 witness’s cooperation in the entity’s or agency’s investigative 166 records related to the offense and shall retain the records for 167 at least 10 years for the purpose of audit, verification, or 168 inspection by the Auditor General. 169 908.105 Duties related to immigration detainers.— 170 (1) A law enforcement agency that has custody of a person 171 subject to an immigration detainer issued by a federal 172 immigration agency shall: 173 (a) Provide to the judge authorized to grant or deny the 174 person’s release on bail under chapter 903 notice that the 175 person is subject to an immigration detainer. 176 (b) Record in the person’s case file that the person is 177 subject to an immigration detainer. 178 (c) Upon determining that the immigration detainer is in 179 accordance with s. 908.102(2), comply with the requests made in 180 the immigration detainer. 181 (2) A law enforcement agency is not required to perform a 182 duty imposed by paragraph (1)(a) or paragraph (1)(b) with 183 respect to a person who is transferred to the custody of the 184 agency by another law enforcement agency if the transferring 185 agency performed that duty before the transfer. 186 (3) A judge who receives notice that a person is subject to 187 an immigration detainer shall cause the fact to be recorded in 188 the court record, regardless of whether the notice is received 189 before or after a judgment in the case. 190 908.106 Reimbursement of costs.—Each county correctional 191 facility shall enter into an agreement or agreements with a 192 federal immigration agency for temporarily housing persons who 193 are the subject of immigration detainers and for the payment of 194 the costs of housing and detaining those persons. A compliant 195 agreement may include any contract between a correctional 196 facility and a federal immigration agency for housing or 197 detaining persons subject to immigration detainers, such as 198 basic ordering agreements in effect on or after July 1, 2019, 199 agreements authorized by section 287 of the Immigration and 200 Nationality Act, 8 U.S.C. s. 1357, or successor agreements and 201 other similar agreements authorized by federal law. 202 908.107 Enforcement.— 203 (1) The Attorney General may institute a civil action 204 against any state entity, local government entity, or law 205 enforcement agency for a violation of this chapter or to prevent 206 a violation of this chapter. An action for relief may include an 207 action for an injunction or any other appropriate orders or 208 relief. Upon adjudication by the court or as provided in a 209 consent decree declaring that a state entity, local governmental 210 entity, or law enforcement agency has violated this chapter, the 211 court shall enjoin the unlawful sanctuary policy. The court has 212 continuing jurisdiction over the parties and subject matter and 213 may enforce its orders with the initiation of contempt 214 proceedings as provided by law. 215 (2) An order approving a consent decree or granting an 216 injunction must include written findings of fact that describe 217 with specificity the existence and nature of the sanctuary 218 policy that is in violation of s. 908.103. 219 908.108 Education records.—This chapter does not apply to 220 the release of information contained in education records of an 221 educational agency or institution, except in conformity with the 222 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 223 1232g. 224 908.109 Discrimination prohibited.—A state entity, a local 225 governmental entity, or a law enforcement agency, or a person 226 employed by or otherwise under the direction or control of the 227 entity or agency, may not base its actions under this chapter on 228 the gender, race, religion, national origin, or physical 229 disability of a person except to the extent authorized by the 230 United States Constitution or the State Constitution. 231 Section 2. A sanctuary policy, as defined in s. 908.102, 232 Florida Statutes, that is in effect on the effective date of 233 this act violates the public policy of this state and must be 234 repealed within 90 days after that date. 235 Section 3. Section 908.107, Florida Statutes, as created by 236 this act, shall take effect October 1, 2019, and, except as 237 otherwise expressly provided in this act, this act shall take 238 effect July 1, 2019. 239 240 ================= T I T L E A M E N D M E N T ================ 241 And the title is amended as follows: 242 Delete everything before the enacting clause 243 and insert: 244 A bill to be entitled 245 An act relating to federal immigration enforcement; 246 providing a short title; creating chapter 908, F.S., 247 relating to federal immigration enforcement; providing 248 legislative findings and intent; providing 249 definitions; prohibiting sanctuary policies; requiring 250 state entities, local governmental entities, and law 251 enforcement agencies to use best efforts to support 252 the enforcement of federal immigration law; 253 prohibiting restrictions by the entities and agencies 254 on taking certain actions with respect to information 255 regarding a person’s immigration status; providing 256 requirements concerning certain criminal defendants 257 subject to immigration detainers or otherwise subject 258 to transfer to federal custody; authorizing a law 259 enforcement agency to transport an alien unlawfully 260 present in the United States under certain 261 circumstances; providing an exception to reporting 262 requirements for crime victims or witnesses; requiring 263 recordkeeping relating to crime victim and witness 264 cooperation in certain investigations; specifying 265 duties concerning immigration detainers; requiring 266 county correctional facilities to enter agreements for 267 payments for complying with immigration detainers; 268 providing for injunctive relief; providing for 269 applicability to certain education records; 270 prohibiting discrimination on specified grounds; 271 providing for implementation; requiring repeal of 272 existing sanctuary policies within a specified period; 273 providing effective dates.