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

       Senator Lee moved the following:
    1         Senate Amendment to Senate Amendment (406006) to House
    2  Amendment
    4         Delete lines 62 - 97
    5  and insert:
    6  enforcement agency with respect to a person who has been
    7  arrested or incarcerated for an alleged criminal act from
    8  complying with 8 U.S.C. s. 1373 or from communicating or
    9  cooperating with a federal immigration agency so as to limit or
   10  prohibit such agency from:
   11         (a)Complying with an immigration detainer;
   12         (b)Complying with a request from a federal immigration
   13  agency to notify the agency before the release of an inmate or
   14  detainee in the custody of the law enforcement agency;
   15         (c)Providing a federal immigration agency access to an
   16  inmate for interview;
   17         (d)Participating in any program or agreement authorized
   18  under section 287 of the Immigration and Nationality Act, 8
   19  U.S.C. s. 1357; or
   20         (e)Providing a federal immigration agency with an inmate’s
   21  incarceration status or release date.
   22         (7)“State entity” means the state or any office, board,
   23  bureau, commission, department, branch, division, or institution
   24  thereof, including institutions within the State University
   25  System and the Florida College System.
   26         908.103Sanctuary policies prohibited.—A state entity, law
   27  enforcement agency, or local governmental entity may not adopt
   28  or have in effect a sanctuary policy.
   29         908.104Cooperation with federal immigration authorities.—
   30         (1)A law enforcement agency shall use best efforts to
   31  support the enforcement of federal immigration law. This
   32  subsection applies to an official, representative, agent, or
   33  employee of the entity or agency only when he or she is acting
   34  within the scope of his or her official duties or within the
   35  scope of his or her employment.
   36         (2)Except as otherwise expressly prohibited by federal
   37  law, a state entity, local governmental entity, or law
   38  enforcement agency, or an employee, an agent, or a
   39  representative of the entity or agency, may not prohibit or in
   40  any way restrict a law enforcement agency from taking any of the
   41  following actions with respect to information regarding the
   42  immigration status of a person who has been arrested or
   43  incarcerated for an alleged criminal act: