Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS/CS/CS/SB 168, 1st Eng. Ì406006vÎ406006 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gruters moved the following: 1 Senate Amendment to House Amendment (159253) (with title 2 amendment) 3 4 Delete lines 5 - 415 5 and insert: 6 Section 1. Chapter 908, Florida Statutes, consisting of 7 sections 908.101-908.109, is created to read: 8 CHAPTER 908 9 FEDERAL IMMIGRATION ENFORCEMENT 10 908.101 Legislative findings and intent.—The Legislature 11 finds that it is an important state interest to cooperate and 12 assist the federal government in the enforcement of federal 13 immigration laws within this state. 14 908.102 Definitions.—As used in this chapter, the term: 15 (1) “Federal immigration agency” means the United States 16 Department of Justice and the United States Department of 17 Homeland Security, a division within such an agency, including 18 United States Immigration and Customs Enforcement and United 19 States Customs and Border Protection, any successor agency, and 20 any other federal agency charged with the enforcement of 21 immigration law. 22 (2) “Immigration detainer” means a facially sufficient 23 written or electronic request issued by a federal immigration 24 agency using that agency’s official form to request that another 25 law enforcement agency detain a person based on probable cause 26 to believe that the person to be detained is a removable alien 27 under federal immigration law, including detainers issued 28 pursuant to 8 U.S.C. ss. 1226 and 1357 along with a warrant 29 described in paragraph (c). For purposes of this subsection, an 30 immigration detainer is deemed facially sufficient if: 31 (a) The federal immigration agency’s official form is 32 complete and indicates on its face that the federal immigration 33 official has probable cause to believe that the person to be 34 detained is a removable alien under federal immigration law; or 35 (b) The federal immigration agency’s official form is 36 incomplete and fails to indicate on its face that the federal 37 immigration official has probable cause to believe that the 38 person to be detained is a removable alien under federal 39 immigration law, but is supported by an affidavit, order, or 40 other official documentation that indicates that the federal 41 immigration agency has probable cause to believe that the person 42 to be detained is a removable alien under federal immigration 43 law; and 44 (c) The federal immigration agency supplies with its 45 detention request a Form I-200 Warrant for Arrest of Alien or a 46 Form I-205 Warrant of Removal/Deportation or a successor warrant 47 or other warrant authorized by federal law. 48 (3) “Inmate” means a person in the custody of a law 49 enforcement agency. 50 (4) “Law enforcement agency” means an agency in this state 51 charged with enforcement of state, county, municipal, or federal 52 laws or with managing custody of detained persons in this state 53 and includes municipal police departments, sheriff’s offices, 54 state police departments, state university and college police 55 departments, county correctional agencies, and the Department of 56 Corrections. 57 (5) “Local governmental entity” means any county, 58 municipality, or other political subdivision of this state. 59 (6) “Sanctuary policy” means a law, policy, practice, 60 procedure, or custom adopted or allowed by a state entity or 61 local governmental entity which prohibits or impedes a law 62 enforcement agency from complying with 8 U.S.C. s. 1373 or which 63 prohibits or impedes a law enforcement agency from communicating 64 or cooperating with a federal immigration agency so as to limit 65 such law enforcement agency in, or prohibit the agency from: 66 (a) Complying with an immigration detainer; 67 (b) Complying with a request from a federal immigration 68 agency to notify the agency before the release of an inmate or 69 detainee in the custody of the law enforcement agency; 70 (c) Providing a federal immigration agency access to an 71 inmate for interview; 72 (d) Participating in any program or agreement authorized 73 under section 287 of the Immigration and Nationality Act, 8 74 U.S.C. s. 1357; or 75 (e) Providing a federal immigration agency with an inmate’s 76 incarceration status or release date. 77 (7) “State entity” means the state or any office, board, 78 bureau, commission, department, branch, division, or institution 79 thereof, including institutions within the State University 80 System and the Florida College System. 81 908.103 Sanctuary policies prohibited.—A state entity, law 82 enforcement agency, or local governmental entity may not adopt 83 or have in effect a sanctuary policy. 84 908.104 Cooperation with federal immigration authorities.— 85 (1) A law enforcement agency shall use best efforts to 86 support the enforcement of federal immigration law. This 87 subsection applies to an official, representative, agent, or 88 employee of the entity or agency only when he or she is acting 89 within the scope of his or her official duties or within the 90 scope of his or her employment. 91 (2) Except as otherwise expressly prohibited by federal 92 law, a state entity, local governmental entity, or law 93 enforcement agency, or an employee, an agent, or a 94 representative of the entity or agency, may not prohibit or in 95 any way restrict a law enforcement agency from taking any of the 96 following actions with respect to information regarding a 97 person’s immigration status: 98 (a) Sending the information to or requesting, receiving, or 99 reviewing the information from a federal immigration agency for 100 purposes of this chapter. 101 (b) Recording and maintaining the information for purposes 102 of this chapter. 103 (c) Exchanging the information with a federal immigration 104 agency or another state entity, local governmental entity, or 105 law enforcement agency for purposes of this chapter. 106 (d) Using the information to comply with an immigration 107 detainer. 108 (e) Using the information to confirm the identity of a 109 person who is detained by a law enforcement agency. 110 (3)(a) For purposes of this subsection, the term 111 “applicable criminal case” means a criminal case in which: 112 1. The judgment requires the defendant to be confined in a 113 secure correctional facility; and 114 2. The judge: 115 a. Indicates in the record under s. 908.105 that the 116 defendant is subject to an immigration detainer; or 117 b. Otherwise indicates in the record that the defendant is 118 subject to a transfer into federal custody. 119 (b) In an applicable criminal case, when the judge 120 sentences a defendant who is the subject of an immigration 121 detainer to confinement, the judge shall issue an order 122 requiring the secure correctional facility in which the 123 defendant is to be confined to reduce the defendant’s sentence 124 by a period of not more than 12 days on the facility’s 125 determination that the reduction in sentence will facilitate the 126 seamless transfer of the defendant into federal custody. For 127 purposes of this paragraph, the term “secure correctional 128 facility” means a state correctional institution as defined in 129 s. 944.02 or a county detention facility or a municipal 130 detention facility as defined in s. 951.23. 131 (c) If the information specified in sub-subparagraph 132 (a)2.a. or sub-subparagraph (a)2.b. is not available at the time 133 the sentence is pronounced in the case, but is received by a law 134 enforcement agency afterwards, the law enforcement agency shall 135 notify the judge who shall issue the order described by 136 paragraph (b) as soon as the information becomes available. 137 (4) When a county correctional facility or the Department 138 of Corrections receives verification from a federal immigration 139 agency that a person subject to an immigration detainer is in 140 the law enforcement agency’s custody, the agency may securely 141 transport the person to a federal facility in this state or to 142 another point of transfer to federal custody outside the 143 jurisdiction of the law enforcement agency. The law enforcement 144 agency may transfer a person who is subject to an immigration 145 detainer and is confined in a secure correctional facility to 146 the custody of a federal immigration agency not earlier than 12 147 days before his or her release date. A law enforcement agency 148 shall obtain judicial authorization before securely transporting 149 an alien to a point of transfer outside of this state. 150 (5) This section does not require a state entity, local 151 governmental entity, or law enforcement agency to provide a 152 federal immigration agency with information related to a victim 153 of or a witness to a criminal offense if the victim or witness 154 timely and in good faith responds to the entity’s or agency’s 155 request for information and cooperation in the investigation or 156 prosecution of the offense. 157 (6) A state entity, local governmental entity, or law 158 enforcement agency that, pursuant to subsection (5), withholds 159 information regarding the immigration information of a victim of 160 or witness to a criminal offense shall document the victim’s or 161 witness’s cooperation in the entity’s or agency’s investigative 162 records related to the offense and shall retain the records for 163 at least 10 years for the purpose of audit, verification, or 164 inspection by the Auditor General. 165 (7) This section does not authorize a law enforcement 166 agency to detain an alien unlawfully present in the United 167 States pursuant to an immigration detainer solely because the 168 alien witnessed or reported a crime or was a victim of a 169 criminal offense. 170 (8) This section does not apply to any alien unlawfully 171 present in the United States if he or she is or has been a 172 necessary witness or victim of a crime of domestic violence, 173 rape, sexual exploitation, sexual assault, murder, manslaughter, 174 assault, battery, human trafficking, kidnapping, false 175 imprisonment, involuntary servitude, fraud in foreign labor 176 contracting, blackmail, extortion, or witness tampering. 177 908.105 Duties related to immigration detainers.— 178 (1) A law enforcement agency that has custody of a person 179 subject to an immigration detainer issued by a federal 180 immigration agency shall: 181 (a) Provide to the judge authorized to grant or deny the 182 person’s release on bail under chapter 903 notice that the 183 person is subject to an immigration detainer. 184 (b) Record in the person’s case file that the person is 185 subject to an immigration detainer. 186 (c) Upon determining that the immigration detainer is in 187 accordance with s. 908.102(2), comply with the requests made in 188 the immigration detainer. 189 (2) A law enforcement agency is not required to perform a 190 duty imposed by paragraph (1)(a) or paragraph (1)(b) with 191 respect to a person who is transferred to the custody of the 192 agency by another law enforcement agency if the transferring 193 agency performed that duty before the transfer. 194 (3) A judge who receives notice that a person is subject to 195 an immigration detainer shall cause the fact to be recorded in 196 the court record, regardless of whether the notice is received 197 before or after a judgment in the case. 198 908.106 Reimbursement of costs.—Each county correctional 199 facility shall enter into an agreement or agreements with a 200 federal immigration agency for temporarily housing persons who 201 are the subject of immigration detainers and for the payment of 202 the costs of housing and detaining those persons. A compliant 203 agreement may include any contract between a correctional 204 facility and a federal immigration agency for housing or 205 detaining persons subject to immigration detainers, such as 206 basic ordering agreements in effect on or after July 1, 2019, 207 agreements authorized by section 287 of the Immigration and 208 Nationality Act, 8 U.S.C. s. 1357, or successor agreements and 209 other similar agreements authorized by federal law. 210 908.107 Enforcement.— 211 (1) Any executive or administrative state, county, or 212 municipal officer who violates his or her duties under this 213 chapter may be subject to action by the Governor in the exercise 214 of his or her authority under the State Constitution and state 215 law. Pursuant to s. 1(b), Art. IV of the State Constitution, the 216 Governor may initiate judicial proceedings in the name of the 217 state against such officers to enforce compliance with any duty 218 under this chapter or restrain any unauthorized act contrary to 219 this chapter. 220 (2) In addition, the Attorney General may file suit against 221 a local governmental entity or local law enforcement agency in a 222 court of competent jurisdiction for declaratory or injunctive 223 relief for a violation of this chapter. 224 (3) If a local governmental entity or local law enforcement 225 agency violates this chapter, the court must enjoin the unlawful 226 sanctuary policy. The court has continuing jurisdiction over the 227 parties and subject matter and may enforce its orders with the 228 initiation of contempt proceedings as provided by law. 229 (4) An order approving a consent decree or granting an 230 injunction must include written findings of fact that describe 231 with specificity the existence and nature of the sanctuary 232 policy that violates this chapter. 233 908.108 Education records.—This chapter does not apply to 234 the release of information contained in education records of an 235 educational agency or institution, except in conformity with the 236 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 237 1232g. 238 908.109 Discrimination prohibited.—A state entity, a local 239 governmental entity, or a law enforcement agency, or a person 240 employed by or otherwise under the direction or control of the 241 entity or agency, may not base its actions under this chapter on 242 the gender, race, religion, national origin, or physical 243 disability of a person except to the extent authorized by the 244 United States Constitution or the State Constitution. 245 Section 2. A sanctuary policy, as defined in s. 908.102, 246 Florida Statutes, that is in effect on the effective date of 247 this act violates the public policy of this state and must be 248 repealed within 90 days after that date. 249 Section 3. Section 908.107, Florida Statutes, as created by 250 this act, shall take effect October 1, 2019, and, except as 251 otherwise expressly provided in this act, this act shall take 252 effect July 1, 2019. 253 254 ================= T I T L E A M E N D M E N T ================ 255 And the title is amended as follows: 256 Delete lines 422 - 461 257 and insert: 258 An act relating to federal immigration enforcement; 259 creating chapter 908, F.S., relating to federal 260 immigration enforcement; providing legislative 261 findings and intent; providing definitions; 262 prohibiting sanctuary policies; requiring state 263 entities, local governmental entities, and law 264 enforcement agencies to use best efforts to support 265 the enforcement of federal immigration law; 266 prohibiting restrictions by the entities and agencies 267 on taking certain actions with respect to information 268 regarding a person’s immigration status; providing 269 requirements concerning certain criminal defendants 270 subject to immigration detainers or otherwise subject 271 to transfer to federal custody; authorizing a law 272 enforcement agency to transport an alien unlawfully 273 present in the United States under certain 274 circumstances; providing an exception to reporting 275 requirements for crime victims or witnesses; requiring 276 recordkeeping relating to crime victim and witness 277 cooperation in certain investigations; providing 278 applicability; specifying duties concerning 279 immigration detainers; requiring county correctional 280 facilities to enter agreements for payments for 281 complying with immigration detainers; providing for 282 enforcement; providing for declaratory or injunctive 283 relief; requiring a court to enjoin unlawful sanctuary 284 policies; requiring written findings of fact under 285 certain circumstances; providing for applicability to 286 certain education records; prohibiting discrimination 287 on specified grounds; providing for implementation; 288 requiring repeal of existing sanctuary policies within 289 a specified period; providing effective dates.