Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1808
       
       
       
       
       
       
                                Ì4444821Î444482                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2022           .                                
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       The Committee on Appropriations (Bean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 908.102, Florida
    6  Statutes, is amended to read:
    7         908.102 Definitions.—As used in this chapter, the term:
    8         (6) “Sanctuary policy” means a law, policy, practice,
    9  procedure, or custom adopted or allowed by a state entity or
   10  local governmental entity which prohibits or impedes a law
   11  enforcement agency from complying with 8 U.S.C. s. 1373 or which
   12  prohibits or impedes a law enforcement agency from communicating
   13  or cooperating with a federal immigration agency so as to limit
   14  such law enforcement agency in, or prohibit the agency from:
   15         (a) Complying with an immigration detainer;
   16         (b) Complying with a request from a federal immigration
   17  agency to notify the agency before the release of an inmate or
   18  detainee in the custody of the law enforcement agency;
   19         (c) Providing a federal immigration agency access to an
   20  inmate for interview;
   21         (d) Participating in any program or agreement authorized
   22  under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s.
   23  1357 as required by s. 908.11; or
   24         (e) Providing a federal immigration agency with an inmate’s
   25  incarceration status or release date; or
   26         (f)Providing information to a state entity on the
   27  immigration status of an inmate or detainee in the custody of
   28  the law enforcement agency.
   29         Section 2. Section 908.11, Florida Statutes, is created to
   30  read:
   31         908.11Immigration enforcement assistance agreements;
   32  reporting requirement.—
   33         (1)By January 1, 2023, each law enforcement agency
   34  operating a county detention facility must enter into a written
   35  agreement with the United States Immigration and Customs
   36  Enforcement to participate in the immigration program
   37  established under s. 287(g) of the Immigration and Nationality
   38  Act, 8 U.S.C. s. 1357. This subsection does not require a law
   39  enforcement agency to participate in a particular program model.
   40         (2)Beginning no later than October 1, 2022, and until the
   41  law enforcement agency enters into the written agreement
   42  required under subsection (1), each law enforcement agency
   43  operating a county detention facility must notify the Department
   44  of Law Enforcement quarterly of the status of such written
   45  agreement and any reason for noncompliance with this section, if
   46  applicable.
   47         Section 3. Section 908.111, Florida Statutes, is created to
   48  read:
   49         908.111Prohibition against governmental entity contracts
   50  with common carriers; required termination provisions.—
   51         (1)As used in this section, the term:
   52         (a)“Common carrier” means a person, firm, or corporation
   53  that undertakes for hire, as a regular business, to transport
   54  persons or commodities from place to place, offering his or her
   55  services to all such as may choose to employ the common carrier
   56  and pay his or her charges.
   57         (b) “Contract” means a contract that is subject to the
   58  competitive procurement requirements of the contracting
   59  governmental entity or a contract for an amount or duration
   60  requiring it to include written provisions under the procurement
   61  requirements of the governmental entity.
   62         (c)“Governmental entity” means an agency of the state, a
   63  regional or local government created by the State Constitution
   64  or by a general or special act, a county or municipality, or any
   65  other entity that independently exercises governmental
   66  authority.
   67         (d)“Unauthorized alien” means a person who is unlawfully
   68  present in the United States according to the terms of the
   69  federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et
   70  seq. The term shall be interpreted consistently with any
   71  applicable federal statutes, rules, or regulations.
   72         (2)A governmental entity may not execute, amend, or renew
   73  a contract with a common carrier or contracted carrier if the
   74  carrier is willfully providing any service in furtherance of
   75  transporting a person into the State of Florida knowing that the
   76  person is an unauthorized alien, except to facilitate the
   77  detention, removal, or departure of the person from this state
   78  or the United States.
   79         (3)A contract between a governmental entity and a common
   80  carrier or contracted carrier which is executed, amended, or
   81  renewed on or after October 1, 2022, including a grant agreement
   82  or economic incentive program payment agreement, must include:
   83         (a)An attestation by the common carrier or contracted
   84  carrier, in conformity with s. 92.525, that the common carrier
   85  or contracted carrier is not willfully providing and will not
   86  willfully provide any service during the contract term in
   87  furtherance of transporting a person into this state knowing
   88  that the person is an unauthorized alien, except to facilitate
   89  the detention, removal, or departure of the person from this
   90  state or the United States. A governmental entity is deemed to
   91  be in compliance with subsection (2) upon receipt of the common
   92  carrier’s attestation; and
   93         (b)A provision for termination for cause of the contract,
   94  grant agreement, or economic incentive program payment agreement
   95  if a common carrier or contracted carrier is found in violation
   96  of its attestation.
   97         (4)The Department of Management Services shall develop by
   98  rule a common carrier and contracted carrier attestation form no
   99  later than August 30, 2022.
  100         Section 4. This act shall take effect upon becoming a law.
  101  
  102  ================= T I T L E  A M E N D M E N T ================
  103  And the title is amended as follows:
  104         Delete everything before the enacting clause
  105  and insert:
  106                        A bill to be entitled                      
  107         An act relating to immigration enforcement; amending
  108         s. 908.102, F.S.; revising the definition of the term
  109         “sanctuary policy” to include specified laws,
  110         policies, practices, procedures, or customs that limit
  111         or prohibit a law enforcement agency from providing
  112         specified immigration information to a state entity;
  113         creating s. 908.11, F.S.; requiring each law
  114         enforcement agency operating a county detention
  115         facility to enter into a specified agreement with the
  116         United States Immigration and Customs Enforcement to
  117         assist with immigration enforcement; requiring such
  118         agency to report specified information concerning such
  119         agreement quarterly to the Department of Law
  120         Enforcement; creating s. 908.111, F.S.; providing
  121         definitions; prohibiting a governmental entity from
  122         executing, amending, or renewing a contract with
  123         common carriers or contracted carriers under certain
  124         circumstances; requiring specified governmental entity
  125         contracts with common carriers or contracted carriers
  126         to include specified provisions on or after a certain
  127         date; requiring the Department of Management Services
  128         to develop a specified form; providing an effective
  129         date.