Florida Senate - 2019                       CS for CS for SB 168
       By the Committees on Infrastructure and Security; and Judiciary;
       and Senators Gruters, Bean, and Mayfield
       596-02970-19                                           2019168c2
    1                        A bill to be entitled                      
    2         An act relating to federal immigration enforcement;
    3         creating chapter 908, F.S., relating to federal
    4         immigration enforcement; providing legislative
    5         findings and intent; providing definitions;
    6         prohibiting sanctuary policies; requiring state
    7         entities, local governmental entities, and law
    8         enforcement agencies to use best efforts to support
    9         the enforcement of federal immigration law;
   10         prohibiting restrictions by the entities and agencies
   11         on taking certain actions with respect to information
   12         regarding a person’s immigration status; providing
   13         requirements concerning certain criminal defendants
   14         subject to immigration detainers or otherwise subject
   15         to transfer to federal custody; authorizing a law
   16         enforcement agency to transport an alien unlawfully
   17         present in the United States under certain
   18         circumstances; providing an exception to reporting
   19         requirements for crime victims or witnesses; requiring
   20         recordkeeping relating to crime victim and witness
   21         cooperation in certain investigations; specifying
   22         duties concerning immigration detainers; requiring
   23         county correctional facilities to enter agreements for
   24         payments for complying with immigration detainers;
   25         providing for injunctive relief; providing for
   26         applicability to certain education records;
   27         prohibiting discrimination on specified grounds;
   28         providing for implementation; requiring repeal of
   29         existing sanctuary policies within a specified period;
   30         providing effective dates.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Chapter 908, Florida Statutes, consisting of
   35  sections 908.101-908.109, is created to read:
   36                             CHAPTER 908                           
   37                   FEDERAL IMMIGRATION ENFORCEMENT                 
   38         908.101Legislative findings and intent.—The Legislature
   39  finds that it is an important state interest to cooperate and
   40  assist the federal government in the enforcement of federal
   41  immigration laws within this state.
   42         908.102Definitions.—As used in this chapter, the term:
   43         (1)“Federal immigration agency” means the United States
   44  Department of Justice and the United States Department of
   45  Homeland Security, a division within such an agency, including
   46  United States Immigration and Customs Enforcement and United
   47  States Customs and Border Protection, any successor agency, and
   48  any other federal agency charged with the enforcement of
   49  immigration law. The term includes an official or employee of
   50  such an agency.
   51         (2)“Immigration detainer” means a facially sufficient
   52  written or electronic request issued by a federal immigration
   53  agency using that agency’s official form to request that another
   54  law enforcement agency detain a person based on probable cause
   55  to believe that the person to be detained is a removable alien
   56  under federal immigration law, including detainers issued
   57  pursuant to 8 U.S.C. ss. 1226 and 1357 along with a warrant
   58  described in paragraph (c). For purposes of this subsection, an
   59  immigration detainer is deemed facially sufficient if:
   60         (a)The federal immigration agency’s official form is
   61  complete and indicates on its face that the federal immigration
   62  official has probable cause to believe that the person to be
   63  detained is a removable alien under federal immigration law; or
   64         (b)The federal immigration agency’s official form is
   65  incomplete and fails to indicate on its face that the federal
   66  immigration official has probable cause to believe that the
   67  person to be detained is a removable alien under federal
   68  immigration law, but is supported by an affidavit, order, or
   69  other official documentation that indicates that the federal
   70  immigration agency has probable cause to believe that the person
   71  to be detained is a removable alien under federal immigration
   72  law; and
   73         (c) The federal immigration agency supplies with its
   74  detention request a Form I-200 Warrant for Arrest of Alien or a
   75  Form I-205 Warrant of Removal/Deportation or a successor warrant
   76  or other warrant authorized by federal law.
   77         (3)“Inmate” means a person in the custody of a law
   78  enforcement agency.
   79         (4)“Law enforcement agency” means an agency in this state
   80  charged with enforcement of state, county, municipal, or federal
   81  laws or with managing custody of detained persons in the state
   82  and includes municipal police departments, sheriff’s offices,
   83  state police departments, state university and college police
   84  departments, county correctional agencies, and the Department of
   85  Corrections. The term includes an official or employee of such
   86  an agency.
   87         (5)“Local governmental entity” means any county,
   88  municipality, or other political subdivision of this state. The
   89  term includes a person holding public office or having official
   90  duties as a representative, agent, or employee of the entity.
   91         (6)“Sanctuary policy” means a law, policy, practice,
   92  procedure, or custom adopted or permitted by a state entity,
   93  local governmental entity, or law enforcement agency which
   94  contravenes 8 U.S.C. s. 1373(a) or (b) or which knowingly
   95  prohibits or impedes a law enforcement agency from communicating
   96  or cooperating with a federal immigration agency with respect to
   97  federal immigration enforcement, including, but not limited to,
   98  limiting a law enforcement agency in, or prohibiting such agency
   99  from:
  100         (a)Complying with an immigration detainer;
  101         (b)Complying with a request from a federal immigration
  102  agency to notify the agency before the release of an inmate or
  103  detainee in the custody of the law enforcement agency;
  104         (c)Providing a federal immigration agency access to an
  105  inmate for interview;
  106         (d)Participating in any program or agreement authorized
  107  under section 287 of the Immigration and Nationality Act, 8
  108  U.S.C. s. 1357; or
  109         (e)Providing a federal immigration agency with an inmate’s
  110  incarceration status or release date.
  111         (7)“State entity” means the state or any office, board,
  112  bureau, commission, department, branch, division, or institution
  113  thereof, including institutions within the State University
  114  System and the Florida College System. The term includes a
  115  person holding public office or having official duties as a
  116  representative, agent, or employee of the entity.
  117         908.103Sanctuary policies prohibited.—A state entity, law
  118  enforcement agency, or local governmental entity may not adopt
  119  or have in effect a sanctuary policy.
  120         908.104Cooperation with federal immigration authorities.—
  121         (1)A law enforcement agency shall use best efforts to
  122  support the enforcement of federal immigration law. This
  123  subsection applies to an official, representative, agent, or
  124  employee of the entity or agency only when he or she is acting
  125  within the scope of his or her official duties or within the
  126  scope of his or her employment.
  127         (2)Except as otherwise expressly prohibited by federal
  128  law, a state entity, local governmental entity, or law
  129  enforcement agency may not prohibit or in any way restrict a law
  130  enforcement agency from taking any of the following actions with
  131  respect to information regarding a person’s immigration status:
  132         (a)Sending the information to or requesting, receiving, or
  133  reviewing the information from a federal immigration agency for
  134  purposes of this chapter.
  135         (b)Recording and maintaining the information for purposes
  136  of this chapter.
  137         (c)Exchanging the information with a federal immigration
  138  agency or another state entity, local governmental entity, or
  139  law enforcement agency for purposes of this chapter.
  140         (d)Using the information to comply with an immigration
  141  detainer.
  142         (e)Using the information to confirm the identity of a
  143  person who is detained by a law enforcement agency.
  144         (3)(a)For purposes of this subsection the term “applicable
  145  criminal case” means a criminal case in which:
  146         1.The judgment requires the defendant to be confined in a
  147  secure correctional facility; and
  148         2.The judge:
  149         a.Indicates in the record under s. 908.105 that the
  150  defendant is subject to an immigration detainer; or
  151         b.Otherwise indicates in the record that the defendant is
  152  subject to a transfer into federal custody.
  153         (b)In an applicable criminal case, when the judge
  154  sentences a defendant who is the subject of an immigration
  155  detainer to confinement, the judge shall issue an order
  156  requiring the secure correctional facility in which the
  157  defendant is to be confined to reduce the defendant’s sentence
  158  by a period of not more than 7 days on the facility’s
  159  determination that the reduction in sentence will facilitate the
  160  seamless transfer of the defendant into federal custody. For
  161  purposes of this paragraph, the term “secure correctional
  162  facility” means a state correctional institution as defined in
  163  s. 944.02 or a county detention facility or a municipal
  164  detention facility as defined in s. 951.23.
  165         (c)If the information specified in sub-subparagraph
  166  (a)2.a. or sub-subparagraph (a)2.b. is not available at the time
  167  the sentence is pronounced in the case, but is received by a law
  168  enforcement agency afterwards, the law enforcement agency shall
  169  notify the judge who shall issue the order described by
  170  paragraph (b) as soon as the information becomes available.
  171         (4)When a county correctional facility or the Department
  172  of Corrections receives verification from a federal immigration
  173  agency that a person subject to an immigration detainer is in
  174  the law enforcement agency’s custody, the agency may securely
  175  transport the person to a federal facility in this state or to
  176  another point of transfer to federal custody outside the
  177  jurisdiction of the law enforcement agency. However, the law
  178  enforcement agency may transport a person who is subject to an
  179  immigration detainer and is confined in a secure correctional
  180  facility only upon authorization by a court order unless the
  181  transportation will occur within the 7 day period under
  182  subsection (3). A law enforcement agency shall obtain judicial
  183  authorization before securely transporting an alien to a point
  184  of transfer outside of this state.
  185         (5)This section does not require a state entity, local
  186  governmental entity, or law enforcement agency to provide a
  187  federal immigration agency with information related to a victim
  188  of or a witness to a criminal offense if the victim or witness
  189  timely and in good faith responds to the entity’s or agency’s
  190  request for information and cooperation in the investigation or
  191  prosecution of the offense.
  192         (6)A state entity, local governmental entity, or law
  193  enforcement agency that, pursuant to subsection (5), withholds
  194  information regarding the immigration information of a victim of
  195  or witness to a criminal offense shall document the victim’s or
  196  witness’s cooperation in the entity’s or agency’s investigative
  197  records related to the offense and shall retain the records for
  198  at least 10 years for the purpose of audit, verification, or
  199  inspection by the Auditor General.
  200         908.105Duties related to immigration detainers.—
  201         (1)A law enforcement agency that has custody of a person
  202  subject to an immigration detainer issued by a federal
  203  immigration agency shall:
  204         (a)Provide to the judge authorized to grant or deny the
  205  person’s release on bail under chapter 903 notice that the
  206  person is subject to an immigration detainer.
  207         (b)Record in the person’s case file that the person is
  208  subject to an immigration detainer.
  209         (c)Upon determining that the immigration detainer is in
  210  accordance with s. 908.102(2), comply with the requests made in
  211  the immigration detainer.
  212         (2)A law enforcement agency is not required to perform a
  213  duty imposed by paragraph (1)(a) or paragraph (1)(b) with
  214  respect to a person who is transferred to the custody of the
  215  agency by another law enforcement agency if the transferring
  216  agency performed that duty before the transfer.
  217         (3)A judge who receives notice that a person is subject to
  218  an immigration detainer shall cause the fact to be recorded in
  219  the court record, regardless of whether the notice is received
  220  before or after a judgment in the case.
  221         908.106Reimbursement of costs.—Each county correctional
  222  facility shall enter into an agreement or agreements with a
  223  federal immigration agency for temporarily housing persons who
  224  are the subject of immigration detainers and for the payment of
  225  the costs of housing and detaining those persons. A compliant
  226  agreement may include any contract between a correctional
  227  facility and a federal immigration agency for housing or
  228  detaining persons subject to immigration detainers, such as
  229  basic ordering agreements in effect on or after July 1, 2019,
  230  agreements authorized by section 287 of the Immigration and
  231  Nationality Act, 8 U.S.C. s. 1357, or successor agreements and
  232  other similar agreements authorized by federal law.
  233         908.107Enforcement.—
  234         (1)The Attorney General may institute a civil action
  235  against any state entity, local government entity, or law
  236  enforcement agency for a violation of this chapter or to prevent
  237  a violation of this chapter. An action for relief may include an
  238  action for an injunction or any other appropriate orders or
  239  relief. Upon adjudication by the court or as provided in a
  240  consent decree declaring that a state entity, local governmental
  241  entity, or law enforcement agency has violated this chapter, the
  242  court shall enjoin the unlawful sanctuary policy. The court has
  243  continuing jurisdiction over the parties and subject matter and
  244  may enforce its orders with the initiation of contempt
  245  proceedings as provided by law.
  246         (2)An order approving a consent decree or granting an
  247  injunction must include written findings of fact that describe
  248  with specificity the existence and nature of the sanctuary
  249  policy that is in violation of s. 908.103.
  250         908.108Education records.—This chapter does not apply to
  251  the release of information contained in education records of an
  252  educational agency or institution, except in conformity with the
  253  Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s.
  254  1232g.
  255         908.109Discrimination prohibited.—A state entity, a local
  256  governmental entity, or a law enforcement agency, or a person
  257  employed by or otherwise under the direction or control of the
  258  entity or agency, may not base its actions under this chapter on
  259  the gender, race, religion, national origin, or physical
  260  disability of a person except to the extent authorized by the
  261  United States Constitution or the State Constitution.
  262         Section 2. A sanctuary policy, as defined in s. 908.102,
  263  Florida Statutes, that is in effect on the effective date of
  264  this act violates the public policy of this state and must be
  265  repealed within 90 days after that date.
  266         Section 3. Section 908.107, Florida Statutes, as created by
  267  this act, shall take effect October 1, 2019, and, except as
  268  otherwise expressly provided in this act, this act shall take
  269  effect July 1, 2019.