Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/SB 168, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Gruters moved the following:
    1         Senate Amendment to House Amendment (159253) (with title
    2  amendment)
    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         908.101Legislative 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         908.102Definitions.—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         908.103Sanctuary 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         908.104Cooperation 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         908.105Duties 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         908.106Reimbursement 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         908.107Enforcement.—
  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         908.108Education 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         908.109Discrimination 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.
  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.