Florida Senate - 2022 CS for SB 1808
By the Committee on Appropriations; and Senators Bean and
Rodrigues
576-03240-22 20221808c1
1 A bill to be entitled
2 An act relating to immigration enforcement; amending
3 s. 908.102, F.S.; revising the definition of the term
4 “sanctuary policy” to include specified laws,
5 policies, practices, procedures, or customs that limit
6 or prohibit a law enforcement agency from providing
7 specified immigration information to a state entity;
8 creating s. 908.11, F.S.; requiring each law
9 enforcement agency operating a county detention
10 facility to enter into a specified agreement with the
11 United States Immigration and Customs Enforcement to
12 assist with immigration enforcement; requiring such
13 agency to report specified information concerning such
14 agreement quarterly to the Department of Law
15 Enforcement; creating s. 908.111, F.S.; providing
16 definitions; prohibiting a governmental entity from
17 executing, amending, or renewing a contract with
18 common carriers or contracted carriers under certain
19 circumstances; requiring specified governmental entity
20 contracts with common carriers or contracted carriers
21 to include specified provisions on or after a certain
22 date; requiring the Department of Management Services
23 to develop a specified form; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (6) of section 908.102, Florida
29 Statutes, is amended to read:
30 908.102 Definitions.—As used in this chapter, the term:
31 (6) “Sanctuary policy” means a law, policy, practice,
32 procedure, or custom adopted or allowed by a state entity or
33 local governmental entity which prohibits or impedes a law
34 enforcement agency from complying with 8 U.S.C. s. 1373 or which
35 prohibits or impedes a law enforcement agency from communicating
36 or cooperating with a federal immigration agency so as to limit
37 such law enforcement agency in, or prohibit the agency from:
38 (a) Complying with an immigration detainer;
39 (b) Complying with a request from a federal immigration
40 agency to notify the agency before the release of an inmate or
41 detainee in the custody of the law enforcement agency;
42 (c) Providing a federal immigration agency access to an
43 inmate for interview;
44 (d) Participating in any program or agreement authorized
45 under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s.
46 1357 as required by s. 908.11; or
47 (e) Providing a federal immigration agency with an inmate’s
48 incarceration status or release date; or
49 (f) Providing information to a state entity on the
50 immigration status of an inmate or detainee in the custody of
51 the law enforcement agency.
52 Section 2. Section 908.11, Florida Statutes, is created to
53 read:
54 908.11 Immigration enforcement assistance agreements;
55 reporting requirement.—
56 (1) By January 1, 2023, each law enforcement agency
57 operating a county detention facility must enter into a written
58 agreement with the United States Immigration and Customs
59 Enforcement to participate in the immigration program
60 established under s. 287(g) of the Immigration and Nationality
61 Act, 8 U.S.C. s. 1357. This subsection does not require a law
62 enforcement agency to participate in a particular program model.
63 (2) Beginning no later than October 1, 2022, and until the
64 law enforcement agency enters into the written agreement
65 required under subsection (1), each law enforcement agency
66 operating a county detention facility must notify the Department
67 of Law Enforcement quarterly of the status of such written
68 agreement and any reason for noncompliance with this section, if
69 applicable.
70 Section 3. Section 908.111, Florida Statutes, is created to
71 read:
72 908.111 Prohibition against governmental entity contracts
73 with common carriers; required termination provisions.—
74 (1) As used in this section, the term:
75 (a) “Common carrier” means a person, firm, or corporation
76 that undertakes for hire, as a regular business, to transport
77 persons or commodities from place to place, offering his or her
78 services to all such as may choose to employ the common carrier
79 and pay his or her charges.
80 (b) “Contract” means a contract that is subject to the
81 competitive procurement requirements of the contracting
82 governmental entity or a contract for an amount or duration
83 requiring it to include written provisions under the procurement
84 requirements of the governmental entity.
85 (c) “Governmental entity” means an agency of the state, a
86 regional or local government created by the State Constitution
87 or by a general or special act, a county or municipality, or any
88 other entity that independently exercises governmental
89 authority.
90 (d) “Unauthorized alien” means a person who is unlawfully
91 present in the United States according to the terms of the
92 federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et
93 seq. The term shall be interpreted consistently with any
94 applicable federal statutes, rules, or regulations.
95 (2) A governmental entity may not execute, amend, or renew
96 a contract with a common carrier or contracted carrier if the
97 carrier is willfully providing any service in furtherance of
98 transporting a person into the State of Florida knowing that the
99 person is an unauthorized alien, except to facilitate the
100 detention, removal, or departure of the person from this state
101 or the United States.
102 (3) A contract between a governmental entity and a common
103 carrier or contracted carrier which is executed, amended, or
104 renewed on or after October 1, 2022, including a grant agreement
105 or economic incentive program payment agreement, must include:
106 (a) An attestation by the common carrier or contracted
107 carrier, in conformity with s. 92.525, that the common carrier
108 or contracted carrier is not willfully providing and will not
109 willfully provide any service during the contract term in
110 furtherance of transporting a person into this state knowing
111 that the person is an unauthorized alien, except to facilitate
112 the detention, removal, or departure of the person from this
113 state or the United States. A governmental entity is deemed to
114 be in compliance with subsection (2) upon receipt of the common
115 carrier’s attestation; and
116 (b) A provision for termination for cause of the contract,
117 grant agreement, or economic incentive program payment agreement
118 if a common carrier or contracted carrier is found in violation
119 of its attestation.
120 (4) The Department of Management Services shall develop by
121 rule a common carrier and contracted carrier attestation form no
122 later than August 30, 2022.
123 Section 4. This act shall take effect upon becoming a law.