Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 168
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Gruters) recommended the following:
    1         Senate Amendment (with title amendment)
    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         908.101Legislative 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         908.102Definitions.—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         908.103Sanctuary 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         908.104Cooperation 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         908.105Duties 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         908.106Reimbursement 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         908.107Enforcement.—
  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         908.108Education 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         908.109Discrimination 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.
  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.