Florida Senate - 2023                                    SB 1718
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-01870E-23                                          20231718__
    1                        A bill to be entitled                      
    2         An act relating to immigration; creating ss. 125.0156
    3         and 166.246, F.S.; prohibiting counties and
    4         municipalities, respectively, from providing funds to
    5         any person, entity, or organization to issue
    6         identification documents to an individual who does not
    7         provide proof of lawful presence in the United States;
    8         creating s. 322.033, F.S.; specifying that certain
    9         driver licenses and permits issued by other states
   10         exclusively to unauthorized immigrants are not valid
   11         in this state; requiring law enforcement officers and
   12         authorized representatives of the Department of
   13         Highway Safety and Motor Vehicles to cite a person
   14         driving with a specified invalid license; requiring
   15         the department to maintain a list on its website of
   16         out-of-state classes of driver licenses that are
   17         invalid in this state; amending s. 322.04, F.S.;
   18         revising the circumstances under which certain persons
   19         are exempt from obtaining a driver license; creating
   20         s. 395.3027, F.S.; requiring certain hospitals to
   21         collect patient immigration status data information on
   22         admission or registration forms; requiring hospitals
   23         to submit quarterly reports to the Agency for Health
   24         Care Administration containing specified information;
   25         requiring the agency to submit an annual report to the
   26         Governor and the Legislature containing specified
   27         information; authorizing the agency to adopt rules;
   28         prohibiting rules requiring the disclosure of patient
   29         names to the agency; amending s. 448.09, F.S.;
   30         increasing the maximum fine that may be imposed for a
   31         first violation of specified provisions relating to
   32         employing, hiring, recruiting, or referring aliens for
   33         private or public employment; providing a fine for
   34         second or subsequent violations of specified
   35         provisions after a certain previous conviction
   36         relating to employing, hiring, recruiting, or
   37         referring aliens for private or public employment;
   38         providing criminal penalties for certain aliens who
   39         knowingly use false identification documents or who
   40         fraudulently use identification documents of another
   41         person for the purpose of obtaining employment; making
   42         technical changes; amending s. 448.095, F.S.; deleting
   43         the definition of the term “department”; requiring a
   44         private employer to verify a person’s employment
   45         eligibility before recruiting or referring for a fee a
   46         person for employment; requiring a private employer to
   47         retain specified copies for at least a certain number
   48         of years; deleting a provision absolving private
   49         employers of civil or criminal liability for complying
   50         with certain provisions; creating a certain rebuttable
   51         presumption that the private employer has not violated
   52         specified provisions with respect to the hiring,
   53         recruitment, or referral for employment of an
   54         unauthorized alien; establishing an affirmative
   55         defense to an allegation that the private employer has
   56         not violated specified provisions with respect to the
   57         hiring, recruitment, or referral for employment of an
   58         unauthorized alien; prohibiting a private employer
   59         from continuing to employ an unauthorized alien after
   60         obtaining knowledge that a person is or has become an
   61         unauthorized alien; authorizing the Department of
   62         Economic Opportunity to request, and requiring a
   63         private employer to provide, copies of specified
   64         documentation; requiring a person or an entity that
   65         determines or finds that a private employer has
   66         violated certain provisions to notify the department;
   67         revising the required actions that the department must
   68         take if a private employer does not comply with
   69         specified provisions, including imposing fines for
   70         first, second, or subsequent violations; requiring
   71         that specified fines be deposited into the General
   72         Revenue Fund; requiring the department to provide
   73         certain notice to private employers for any action
   74         taken pursuant to specified provisions; requiring the
   75         department to notify private employers of the
   76         opportunity for a hearing pursuant to specified
   77         provisions; deleting provisions relating to penalties
   78         imposed upon private employers for specified
   79         violations; conforming provisions to changes made by
   80         the act; amending s. 454.021, F.S.; deleting a
   81         provision authorizing an unauthorized immigrant to
   82         obtain a license to practice law in this state under
   83         certain circumstances; providing applicability;
   84         amending s. 787.07, F.S.; providing criminal penalties
   85         for persons who knowingly and willfully violate, or
   86         who reasonably should know and who violate, certain
   87         provisions relating to the transporting into or within
   88         this state, or the concealing, harboring, or shielding
   89         from detection, or the attempt thereof, of individuals
   90         who illegally entered the United States; providing
   91         enhanced criminal penalties for prior convictions of
   92         specified provisions; defining the term “conviction”;
   93         providing circumstances that give rise to a certain
   94         inference; requiring that persons who violate certain
   95         provisions be held in custody; making technical
   96         changes; amending s. 908.104, F.S.; specifying that a
   97         state entity, local governmental entity, or law
   98         enforcement agency, or an employee, an agent, or a
   99         representative of the entity or agency, may not
  100         prohibit or in any way restrict a law enforcement
  101         agency from sending the applicable information
  102         obtained pursuant to certain provisions to a federal
  103         immigration agency; amending s. 943.03, F.S.;
  104         requiring the Department of Law Enforcement to
  105         coordinate and direct the law enforcement, initial
  106         emergency, and other initial responses in matters
  107         dealing with the Federal Government in federal
  108         immigration law enforcement and responses to
  109         immigration enforcement incidents within or affecting
  110         this state; amending s. 943.03101, F.S.; revising
  111         legislative findings and determinations; amending s.
  112         943.0311, F.S.; revising the required duties of the
  113         Chief of Domestic Security; requiring the chief to
  114         regularly coordinate random audits pursuant to
  115         specified provisions and notify the Department of
  116         Economic Opportunity of any violations; amending s.
  117         943.0312, F.S.; revising legislative findings;
  118         requiring that each task force cooperate with and
  119         provide assistance to the Federal Government in the
  120         enforcement of federal immigration laws within or
  121         affecting this state in compliance with specified
  122         provisions, in accordance with the state’s domestic
  123         security strategic goals and objectives; requiring the
  124         Chief of Domestic Security to, in conjunction with
  125         specified entities, identify appropriate equipment and
  126         training needs, curricula, and materials related to
  127         the effective response to immigration enforcement
  128         incidents; requiring that each regional domestic
  129         security task force, working in conjunction with
  130         specified entities, work to ensure that hate-driven
  131         acts against ethnic groups that may have been targeted
  132         as a result of immigration enforcement incidents
  133         within or affecting this state are appropriately
  134         investigated and responded to; amending s. 943.0313,
  135         F.S.; revising legislative findings; requiring the
  136         Domestic Security Oversight Council to make
  137         recommendations to the Governor and the Legislature
  138         regarding the expenditure of funds and allocation of
  139         resources related to cooperating with and providing
  140         assistance to the Federal Government in the
  141         enforcement of federal immigration laws; expanding the
  142         list of persons whom the council may invite to attend
  143         and participate in its meetings as ex officio,
  144         nonvoting members; revising the duties of the council;
  145         amending s. 943.325, F.S.; revising the definition of
  146         the term “qualifying offender” to include certain
  147         persons who are the subject of an immigration detainer
  148         issued by a federal immigration agency; requiring
  149         certain qualifying offenders to submit DNA samples at
  150         a specified time; requiring law enforcement agencies
  151         to immediately take DNA samples from certain
  152         qualifying offenders under certain circumstances;
  153         providing effective dates.
  154          
  155  Be It Enacted by the Legislature of the State of Florida:
  156  
  157         Section 1. Section 125.0156, Florida Statutes, is created
  158  to read:
  159         125.0156 Restriction on providing funds for identification
  160  documents.—A county may not provide funds to any person, entity,
  161  or organization for the purpose of issuing an identification
  162  card or document to an individual who does not provide proof of
  163  lawful presence in the United States.
  164         Section 2. Section 166.246, Florida Statutes, is created to
  165  read:
  166         166.246 Restriction on providing funds for identification
  167  documents.—A municipality may not provide funds to any person,
  168  entity, or organization for the purpose of issuing an
  169  identification card or document to an individual who does not
  170  provide proof of lawful presence in the United States.
  171         Section 3. Section 322.033, Florida Statutes, is created to
  172  read:
  173         322.033 Unauthorized aliens; invalid out-of-state driver
  174  licenses.—
  175         (1) If a driver license is of a class of licenses issued by
  176  another state exclusively to undocumented immigrants who are
  177  unable to prove lawful presence in the United States when the
  178  licenses are issued, the driver license, or other permit
  179  purporting to authorize the holder to operate a motor vehicle on
  180  public roadways, is invalid in this state and does not authorize
  181  the holder to operate a motor vehicle in this state. Such
  182  classes of licenses include licenses that are issued exclusively
  183  to undocumented immigrants or licenses that are substantially
  184  the same as licenses issued to citizens, residents, or those
  185  lawfully present in the United States but have markings
  186  establishing that the license holder did not exercise the option
  187  of providing proof of lawful presence.
  188         (2)A law enforcement officer or other authorized
  189  representative of the department who stops a person driving with
  190  an invalid license as described in subsection (1) and driving
  191  without a valid license shall issue a citation to the driver for
  192  driving without a license in violation of s. 322.03.
  193         (3) The department, to facilitate the enforcement of this
  194  section and to aid in providing notice to the public and
  195  visitors of invalid licenses, shall maintain on its website a
  196  list of out-of-state classes of driver licenses that are invalid
  197  in this state.
  198         Section 4. Section 322.04, Florida Statutes, is amended to
  199  read:
  200         322.04 Persons exempt from obtaining driver license.—
  201         (1) The following persons are exempt from obtaining a
  202  driver license:
  203         (a) Any employee of the United States Government, while
  204  operating a noncommercial motor vehicle owned by or leased to
  205  the United States Government and being operated on official
  206  business.
  207         (b) Any person while driving or operating any road machine,
  208  farm tractor, or implement of husbandry temporarily operated or
  209  moved on a highway.
  210         (c) A nonresident who is at least 16 years of age and who
  211  has in his or her immediate possession a valid noncommercial
  212  driver license issued to the nonresident in his or her home
  213  state or country operating a motor vehicle of the type for which
  214  a Class E driver license is required in this state, if the
  215  nonresident’s license is not invalid under s. 322.033 relating
  216  to proof of the licensee’s lawful presence in the United States.
  217         (d) A nonresident who is at least 18 years of age and who
  218  has in his or her immediate possession a valid noncommercial
  219  driver license issued to the nonresident in his or her home
  220  state or country operating a motor vehicle, other than a
  221  commercial motor vehicle, in this state, if the nonresident’s
  222  license is not invalid under s. 322.033 relating to proof of the
  223  licensee’s lawful presence in the United States.
  224         (e) Any person operating a golf cart, as defined in s.
  225  320.01, which is operated in accordance with the provisions of
  226  s. 316.212.
  227         (2) This section does not apply to any person to whom s.
  228  322.031 applies.
  229         (3) Any person working for a firm under contract to the
  230  United States Government whose residence is outside this state
  231  and whose main point of employment is outside this state may
  232  drive a noncommercial vehicle on the public roads of this state
  233  for periods up to 60 days while in this state on temporary duty,
  234  if the person has a valid driver license from the state of the
  235  person’s residence and if the license is not invalid under s.
  236  322.033 relating to proof of the licensee’s lawful presence in
  237  the United States.
  238         Section 5. Section 395.3027, Florida Statutes, is created
  239  to read:
  240         395.3027 Patient immigration status data collection.—
  241         (1) Each hospital that accepts Medicaid must include a
  242  provision on its patient admission or registration forms for the
  243  patient or the patient’s representative to state or indicate
  244  whether the patient is a United States citizen or lawfully
  245  present in the United States or is not lawfully present in the
  246  United States. The inquiry must be followed by a statement that
  247  the response will not affect patient care or result in a report
  248  of the patient’s immigration status to immigration authorities.
  249         (2) Each hospital must submit a quarterly report to the
  250  agency within 30 days after the end of each calendar quarter
  251  which reports the number of hospital admissions or visits within
  252  the previous quarter which were made by a patient who indicated
  253  that he or she was a citizen of the United States or lawfully
  254  present in the United States, was not lawfully present in the
  255  United States, or declined to answer.
  256         (3) By March 1 of each year, the agency shall submit a
  257  report to the Governor, the President of the Senate, and the
  258  Speaker of the House of Representatives which includes the total
  259  number of hospital admissions and visits for the previous
  260  calendar year for which the patient or patient’s representative
  261  reported that the patient was a citizen of the United States or
  262  lawfully present in the United States, was not lawfully present
  263  in the United States, or declined to answer. The report must
  264  also describe information relating to the costs of uncompensated
  265  care for aliens who are not lawfully present in the United
  266  States, the impact of uncompensated care on the cost or ability
  267  of hospitals to provide services to the public, hospital funding
  268  needs, and other related information.
  269         (4) The agency may adopt rules relating to the format and
  270  information to be contained in quarterly reports and the
  271  acceptable formats for hospitals to use in requesting
  272  information regarding a patient’s immigration status on hospital
  273  admission or registration forms. The rules may not require the
  274  disclosure of patient names to the agency.
  275         Section 6. Section 448.09, Florida Statutes, is amended to
  276  read:
  277         448.09 Unauthorized aliens; employment prohibited.—
  278         (1) It is shall be unlawful for any person to knowingly to
  279  employ, hire, recruit, or refer, either for herself or himself
  280  or on behalf of another, for private or public employment within
  281  the state, an alien who is not duly authorized to work by the
  282  immigration laws or the Attorney General of the United States.
  283         (2) A person who violates The first violation of subsection
  284  (1) a first time commits shall be a noncriminal violation as
  285  defined in s. 775.08(3) and, upon conviction, shall be
  286  punishable as provided in s. 775.082(5) by a civil fine of not
  287  more than $1,000 $500, regardless of the number of aliens with
  288  respect to whom the violation occurred.
  289         (3) A Any person who has been previously convicted for a
  290  violation of subsection (1) and who subsequently thereafter
  291  violates that subsection commits (1), shall be guilty of a
  292  misdemeanor of the second degree, punishable as provided in s.
  293  775.082 or s. 775.083, except that the fine is $2,500. Any such
  294  subsequent violation of this section constitutes shall
  295  constitute a separate offense with respect to each unauthorized
  296  alien.
  297         (4) Any alien who is not duly authorized to work by the
  298  immigration laws or the Attorney General of the United States
  299  who knowingly uses a false identification document, or who
  300  fraudulently uses an identification document of another person,
  301  for the purpose of obtaining employment commits a felony of the
  302  third degree, punishable as provided in s. 775.082 or s.
  303  775.083.
  304         Section 7. Paragraph (c) of subsection (1) and subsection
  305  (3) of section 448.095, Florida Statutes, are amended to read:
  306         448.095 Employment eligibility.—
  307         (1) DEFINITIONS.—As used in this section, the term:
  308         (c) “Department” means the Department of Economic
  309  Opportunity.
  310         (3) PRIVATE EMPLOYERS.—
  311         (a) Beginning January 1, 2021, a private employer shall,
  312  After making an offer of employment which has been accepted by a
  313  person or before recruiting or referring for a fee a person for
  314  employment, a private employer shall verify such person’s
  315  employment eligibility. A private employer is not required to
  316  verify the employment eligibility of a continuing employee hired
  317  before January 1, 2021. However, if a person is a contract
  318  employee retained by a private employer, the private employer
  319  must verify the employee’s employment eligibility upon the
  320  renewal or extension of his or her contract.
  321         (b) A private employer shall verify a person’s employment
  322  eligibility by:
  323         1. Using the E-Verify system; or
  324         2. Requiring the person to provide the same documentation
  325  that is required by the United States Citizenship and
  326  Immigration Services on its Employment Eligibility Verification
  327  form (Form I-9).
  328         (c) The private employer must retain, for at least 5 years:
  329         1. A copy of the documentation provided under this
  330  subparagraph for at least 3 years after the person’s initial
  331  date of employment.
  332         2. A copy of the official verification generated by the E
  333  Verify system, if used, and any supporting documentation used to
  334  generate the verification after the date the verification was
  335  generated.
  336         (c)A private employer that complies with this subsection
  337  may not be held civilly or criminally liable under state law for
  338  hiring, continuing to employ, or refusing to hire an
  339  unauthorized alien if the information obtained under paragraph
  340  (b) indicates that the person’s work authorization status was
  341  not that of an unauthorized alien.
  342         (d)1.A private employer that establishes compliance with
  343  subparagraph (b)1. with respect to the hiring, recruitment, or
  344  referral for employment of an unauthorized alien has established
  345  a rebuttable presumption that the private employer has not
  346  violated this section with respect to such hiring, recruiting,
  347  or referral.
  348         2.A private employer that establishes compliance with
  349  subparagraph (b)2. with respect to the hiring, recruitment, or
  350  referral for employment of an unauthorized alien has established
  351  an affirmative defense that the private employer has not
  352  violated this section with respect to such hiring, recruiting,
  353  or referral.
  354         3. A private employer may not continue to employ an
  355  unauthorized alien after obtaining knowledge that a person is or
  356  has become an unauthorized alien For purposes of this
  357  subsection, compliance with paragraph (b) creates a rebuttable
  358  presumption that a private employer did not knowingly employ an
  359  unauthorized alien in violation of s. 448.09(1).
  360         (e)1. For the purpose of enforcement of this section, the
  361  following persons or entities may request, and a private
  362  employer must provide, copies of any documentation relied upon
  363  by the private employer for the verification of a person’s
  364  employment eligibility, including, but not limited to, any
  365  documentation required under paragraph (b) or paragraph (c):
  366         a.1. The Department of Law Enforcement.
  367         b.2. The Attorney General.
  368         c.3. The state attorney.
  369         d.4. The statewide prosecutor.
  370         e. The Department of Economic Opportunity.
  371         2. A person or entity that makes a request under this
  372  paragraph must rely upon the Federal Government to verify a
  373  person’s employment eligibility and may not independently make a
  374  final determination as to whether a person is an unauthorized
  375  alien. If the person or entity determines or finds that a
  376  private employer has violated this section, the person or entity
  377  must notify the Department of Economic Opportunity.
  378         (f) If a private employer does not comply with paragraphs
  379  paragraph (b) or (c), the Department of Economic Opportunity
  380  must: shall
  381         1. Require the private employer to provide an affidavit to
  382  the department stating that the private employer will comply
  383  with paragraphs paragraph (b) and (c), the private employer has
  384  terminated the employment of all unauthorized aliens employed in
  385  this state, and the employer will not intentionally or knowingly
  386  employ an unauthorized alien in this state.
  387         a. If the private employer does not provide the required
  388  affidavit within 30 days after the department’s request, the
  389  department shall notify all appropriate agencies to suspend the
  390  appropriate licensing agency shall suspend all applicable
  391  licenses held by the private employer. The appropriate agency
  392  shall notify the private employer that such suspension is
  393  effective until the private employer provides the department
  394  with the required affidavit. Upon receipt of the required
  395  affidavit, the department shall notify the respective agencies
  396  to reinstate the licenses held by the private employer.
  397         b.For any private employer that does not provide the
  398  required affidavit within 30 days after the department’s request
  399  three times within any 24-month period, all applicable licenses
  400  held by the private employer must be revoked by the respective
  401  agencies that issued them.
  402         2.Impose a fine if the private employer knowingly employed
  403  an unauthorized alien in violation of this subsection:
  404         a. For a first violation, the fine is $5,000 for each
  405  unauthorized alien employed as a result of noncompliance with
  406  this subsection.
  407         b. For a second violation within 24 months of the first
  408  violation, the fine is $7,500 for each unauthorized alien
  409  employed as a result of noncompliance with this subsection.
  410  Additionally, all applicable licenses held by the private
  411  employer must be suspended for 120 days by the respective
  412  agencies that issued them.
  413         c. For a third or subsequent violation within 24 months of
  414  the first violation, the fine is $10,000 for each unauthorized
  415  alien employed as a result of noncompliance with this
  416  subsection. Additionally, all applicable licenses held by the
  417  private employer must be revoked by the respective agencies that
  418  issued them.
  419         d. All fines imposed pursuant to this subparagraph must be
  420  deposited in the General Revenue Fund.
  421         (g) For purposes of paragraph (f): this paragraph,
  422         1. The applicable licenses that are subject to suspension
  423  or revocation under that this paragraph are all licenses that
  424  are held by the private employer specific to the business
  425  location where the unauthorized alien performed work. If the
  426  private employer does not hold a license specific to the
  427  business location where the unauthorized alien performed work,
  428  but a license is necessary to operate the private employer’s
  429  business in general, the licenses that are subject to suspension
  430  or revocation under this paragraph (f) are all licenses that are
  431  held by the private employer at the private employer’s primary
  432  place of business.
  433         2.The Department of Economic Opportunity must provide
  434  notice to a private employer for any action under that paragraph
  435  in accordance with the provisions of chapter 120, including a
  436  statement of facts, and must notify the private employer of the
  437  opportunity for a hearing pursuant to ss. 120.569 and 120.57.
  438         (g)For any private employer found to have violated
  439  paragraph (f) three times within any 36 month period, the
  440  appropriate licensing agency shall permanently revoke all
  441  licenses that are held by the private employer specific to the
  442  business location where the unauthorized alien performed work.
  443  If the private employer does not hold a license specific to the
  444  business location where the unauthorized alien performed work,
  445  but a license is necessary to operate the private employer’s
  446  business in general, the appropriate licensing agency shall
  447  permanently revoke all licenses that are held by the private
  448  employer at the private employer’s primary place of business.
  449         Section 8. Effective November 1, 2026, subsection (3) of
  450  section 454.021, Florida Statutes, is amended to read:
  451         454.021 Attorneys; admission to practice law; Supreme Court
  452  to govern and regulate.—
  453         (3) Upon certification by the Florida Board of Bar
  454  Examiners that an applicant who is an unauthorized immigrant who
  455  was brought to the United States as a minor; has been present in
  456  the United States for more than 10 years; has received
  457  documented employment authorization from the United States
  458  Citizenship and Immigration Services (USCIS); has been issued a
  459  social security number; if a male, has registered with the
  460  Selective Service System if required to do so under the Military
  461  Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all
  462  requirements for admission to practice law in this state, the
  463  Supreme Court of Florida may admit that applicant as an attorney
  464  at law authorized to practice in this state and may direct an
  465  order be entered upon the court’s records to that effect.
  466         Section 9. The repeal of s. 454.021(3), Florida Statutes,
  467  by this act does not affect the validity of any license to
  468  practice law issued pursuant to that subsection before November
  469  1, 2026.
  470         Section 10. Section 787.07, Florida Statutes, is amended to
  471  read:
  472         787.07 Human smuggling.—
  473         (1) Except as provided in subsections (3) and (4), a person
  474  who knowingly and willfully commits any of the following
  475  offenses commits a felony of the third degree, punishable as
  476  provided in s. 775.082, s. 775.083, or s. 775.084:
  477         (a) Transports into or within this state an individual whom
  478  who the person knows, or reasonably should know, has is
  479  illegally entered entering the United States in violation of law
  480  and has not been inspected by the Federal Government since his
  481  or her unlawful entry.
  482         (b) Conceals, harbors, or shields from detection, or
  483  attempts to conceal, harbor, or shield from detection, in any
  484  place within this state, including any temporary or permanent
  485  structure or through any means of transportation, an individual
  486  whom the person knows, or reasonably should know, has entered
  487  the United States in violation of law and has not been inspected
  488  by the Federal Government since his or her unlawful entry from
  489  another country commits a felony of the third degree, punishable
  490  as provided in s. 775.082, s. 775.083, or s. 775.084.
  491         (2) A person commits a separate offense for each individual
  492  he or she transports, conceals, harbors, or shields from
  493  detection, or attempts to transport, conceal, harbor, or shield
  494  from detection, into this state in violation of this section.
  495         (3) A person who commits five or more separate offenses
  496  under this section during a single episode commits a felony of
  497  the second degree, punishable as provided in s. 775.082, s.
  498  775.083, or s. 775.084.
  499         (4)(a) A person with a prior conviction under this section
  500  commits a felony of the second degree, punishable as provided in
  501  s. 775.082, s. 775.083, or s. 775.084.
  502         (b) As used in paragraph (a), the term “conviction” means a
  503  determination of guilt that is the result of a plea agreement or
  504  a trial, regardless of whether adjudication is withheld or a
  505  plea of nolo contendere is entered.
  506         (5) Proof that a person knowingly and willfully presented
  507  false identification or gave false information to a law
  508  enforcement officer who is conducting an investigation for a
  509  violation of this section gives rise to an inference that such
  510  person was aware that the transported, concealed, harbored, or
  511  shielded individual has entered the United States in violation
  512  of the law and had not been inspected by the Federal Government
  513  since his or her unlawful entry.
  514         (6) A person who is arrested for a violation of this
  515  section must be held in custody until brought before the court
  516  for admittance to pretrial release in accordance with chapter
  517  903.
  518         Section 11. Paragraph (f) is added to subsection (2) of
  519  section 908.104, Florida Statutes, to read:
  520         908.104 Cooperation with federal immigration authorities.—
  521         (2) Except as otherwise expressly prohibited by federal
  522  law, a state entity, local governmental entity, or law
  523  enforcement agency, or an employee, an agent, or a
  524  representative of the entity or agency, may not prohibit or in
  525  any way restrict a law enforcement agency from taking any of the
  526  following actions with respect to information regarding a
  527  person’s immigration status:
  528         (f) Sending the applicable information obtained pursuant to
  529  enforcement of s. 448.095 to a federal immigration agency.
  530         Section 12. Subsection (14) of section 943.03, Florida
  531  Statutes, is amended to read:
  532         943.03 Department of Law Enforcement.—
  533         (14) The department, with respect to counter-terrorism
  534  efforts, responses to acts of terrorism within or affecting this
  535  state, coordinating with and providing assistance to the Federal
  536  Government in the enforcement of federal immigration laws,
  537  responses to immigration enforcement incidents within or
  538  affecting this state, and other matters related to the domestic
  539  security of Florida as it relates to terrorism and immigration
  540  enforcement incidents, shall coordinate and direct the law
  541  enforcement, initial emergency, and other initial responses. The
  542  department shall work closely with the Division of Emergency
  543  Management, other federal, state, and local law enforcement
  544  agencies, fire and rescue agencies, first-responder agencies,
  545  and others involved in preparation against acts of terrorism in
  546  or affecting this state, immigration enforcement incidents
  547  within or affecting this state, and in the response to such acts
  548  or incidents. The executive director of the department, or
  549  another member of the department designated by the director,
  550  shall serve as Chief of Domestic Security for the purpose of
  551  directing and coordinating such efforts. The department and
  552  Chief of Domestic Security shall use the regional domestic
  553  security task forces as established in this chapter to assist in
  554  such efforts.
  555         Section 13. Section 943.03101, Florida Statutes, is amended
  556  to read:
  557         943.03101 Counter-terrorism and immigration enforcement
  558  coordination.—The Legislature finds that with respect to
  559  counter-terrorism efforts, and initial responses to acts of
  560  terrorism within or affecting this state, coordinating with and
  561  providing assistance to the Federal Government in the
  562  enforcement of federal immigration laws, and responses to
  563  immigration enforcement incidents within or affecting this
  564  state, specialized efforts of emergency management which are
  565  unique to such situations are required and that these efforts
  566  intrinsically involve very close coordination of federal, state,
  567  and local law enforcement agencies with the efforts of all
  568  others involved in emergency-response efforts. In order to best
  569  provide this specialized effort, the Legislature has determined
  570  that such efforts should be coordinated by and through the
  571  Department of Law Enforcement, working closely with the Division
  572  of Emergency Management and others involved in preparation
  573  against acts of terrorism in or affecting this state,
  574  immigration enforcement incidents within or affecting this
  575  state, and in the initial response to such acts, in accordance
  576  with the state comprehensive emergency management plan prepared
  577  pursuant to s. 252.35(2)(a).
  578         Section 14. Present subsections (2) through (7) of section
  579  943.0311, Florida Statutes, are redesignated as subsections (3)
  580  through (8), respectively, a new subsection (2) is added to that
  581  section, and subsection (1) and present subsection (3) of that
  582  section are amended, to read:
  583         943.0311 Chief of Domestic Security; duties of the
  584  department with respect to domestic security.—
  585         (1) The executive director of the department, or a member
  586  of the department designated by the executive director, shall
  587  serve as the Chief of Domestic Security. The Chief of Domestic
  588  Security shall:
  589         (a) Coordinate the efforts of the department in the ongoing
  590  assessment of this state’s vulnerability to, and ability to
  591  detect, prevent, prepare for, respond to, and recover from, acts
  592  of terrorism within or affecting this state and immigration
  593  enforcement incidents within or affecting this state.
  594         (b) Prepare recommendations for the Governor, the President
  595  of the Senate, and the Speaker of the House of Representatives,
  596  which are based upon ongoing assessments to limit the
  597  vulnerability of the state to terrorism and immigration
  598  enforcement incidents.
  599         (c) Coordinate the collection of proposals to limit the
  600  vulnerability of the state to terrorism and immigration
  601  enforcement incidents.
  602         (d) Use regional task forces to support the duties of the
  603  department set forth in this section.
  604         (e) Use public or private resources to perform the duties
  605  assigned to the department under this section.
  606         (2)The chief shall regularly coordinate random audits
  607  pursuant to s. 448.095 to ensure compliance and enforcement and
  608  shall notify the Department of Economic Opportunity of any
  609  violations.
  610         (4)(3) The chief shall report to the Governor, the
  611  President of the Senate, and the Speaker of the House of
  612  Representatives by November 1 of each year suggestions for
  613  specific and significant security enhancements of any building,
  614  facility, or structure owned or leased by a state agency, state
  615  university, or community college or any entity that has
  616  conducted an assessment under subsection (6) (5). The chief may
  617  utilize the assessments provided under subsection (6) (5) in
  618  making his or her suggestions. The report shall suggest
  619  strategies to maximize federal funds in support of building or
  620  facility security if such funds are available.
  621         Section 15. Section 943.0312, Florida Statutes, is amended
  622  to read:
  623         943.0312 Regional domestic security task forces.—The
  624  Legislature finds that there is a need to develop and implement
  625  a statewide strategy to address prevention, preparation,
  626  protection, response, and recovery efforts by federal, state,
  627  and local law enforcement agencies, emergency management
  628  agencies, fire and rescue departments, first-responder
  629  personnel, and others in dealing with potential or actual
  630  terrorist acts within or affecting this state and potential or
  631  actual immigration enforcement incidents within or affecting
  632  this state.
  633         (1) To assist the department and the Chief of Domestic
  634  Security in performing their roles and duties in this regard,
  635  the department shall establish a regional domestic security task
  636  force in each of the department’s operational regions. The task
  637  forces shall serve in an advisory capacity to the department and
  638  the Chief of Domestic Security and shall provide support to the
  639  department in its performance of functions pertaining to
  640  domestic security.
  641         (a) Subject to annual appropriation, the department shall
  642  provide dedicated employees to support the function of each
  643  regional domestic security task force.
  644         (b) Each task force shall be co-chaired by the department’s
  645  special agent in charge of the operational region in which the
  646  task force is located and by a local sheriff or chief of police
  647  from within the operational region.
  648         (c) Each task force membership may also include
  649  representatives of state and local law enforcement agencies,
  650  fire and rescue departments, or first-responder personnel;
  651  representatives of emergency management agencies and health,
  652  medical, and hospital agencies; representatives of local
  653  emergency planning committees; and other persons as deemed
  654  appropriate and necessary by the task force co-chairs.
  655         (d) The co-chairs of each task force may appoint
  656  subcommittees and subcommittee chairs as necessary in order to
  657  address issues related to the various disciplines represented on
  658  the task force, except that subcommittee chairs for emergency
  659  management shall be appointed with the approval of the director
  660  of the Division of Emergency Management. A subcommittee chair
  661  shall serve at the pleasure of the co-chairs.
  662         (2) In accordance with the state’s domestic security
  663  strategic goals and objectives, each task force shall coordinate
  664  efforts to counter terrorism, as defined by s. 775.30, and
  665  cooperate with and provide assistance to the Federal Government
  666  in the enforcement of federal immigration laws within or
  667  affecting this state in compliance with chapter 908, among
  668  local, state, and federal resources to ensure that such efforts
  669  are not fragmented or unnecessarily duplicated; coordinate
  670  training for local and state personnel to counter terrorism as
  671  defined in by s. 775.30; and cooperate with and provide
  672  assistance to the Federal Government in the enforcement of
  673  federal immigration laws within or affecting this state in
  674  compliance with chapter 908; coordinate the collection and
  675  dissemination of investigative and intelligence information; and
  676  facilitate responses to terrorist incidents within or affecting
  677  each region and immigration enforcement incidents within or
  678  affecting each region. With the approval of the Chief of
  679  Domestic Security, the task forces may incorporate other
  680  objectives reasonably related to the goals of enhancing the
  681  state’s domestic security and ability to detect, prevent, and
  682  respond to acts of terrorism within or affecting this state or
  683  immigration enforcement incidents within or affecting this
  684  state. Each task force shall take into account the variety of
  685  conditions and resources present within its region.
  686         (3) The Chief of Domestic Security, in conjunction with the
  687  Division of Emergency Management, the regional domestic security
  688  task forces, and the various state entities responsible for
  689  establishing training standards applicable to state law
  690  enforcement officers and fire, emergency, and first-responder
  691  personnel shall identify appropriate equipment and training
  692  needs, curricula, and materials related to the effective
  693  response to suspected or actual acts of terrorism, immigration
  694  enforcement incidents, or incidents involving real or hoax
  695  weapons of mass destruction as defined in s. 790.166.
  696  Recommendations for funding for purchases of equipment, delivery
  697  of training, implementation of, or revision to basic or
  698  continued training required for state licensure or
  699  certification, or other related responses shall be made by the
  700  Chief of Domestic Security to the Domestic Security Oversight
  701  Council, the Executive Office of the Governor, the President of
  702  the Senate, and the Speaker of the House of Representatives as
  703  necessary to ensure that the needs of this state with regard to
  704  the preparing, equipping, training, and exercising of response
  705  personnel are identified and addressed. In making such
  706  recommendations, the Chief of Domestic Security and the Division
  707  of Emergency Management shall identify all funding sources that
  708  may be available to fund such efforts.
  709         (4) Each regional domestic security task force, working in
  710  conjunction with the department, the Office of the Attorney
  711  General, and other public or private entities, shall work to
  712  ensure that hate-driven acts against ethnic groups that may have
  713  been targeted as a result of acts of terrorism in or affecting
  714  this state, or as a result of immigration enforcement incidents
  715  within or affecting this state, are appropriately investigated
  716  and responded to.
  717         (5) Members of each regional domestic security task force
  718  may not receive any pay other than their salaries normally
  719  received from their employers, but are entitled to reimbursement
  720  for per diem and travel expenses in accordance with s. 112.061.
  721         (6) Subject to annual appropriation, the department shall
  722  provide staff and administrative support for the regional
  723  domestic security task forces.
  724         Section 16. Section 943.0313, Florida Statutes, is amended
  725  to read:
  726         943.0313 Domestic Security Oversight Council.—The
  727  Legislature finds that there exists a need to provide executive
  728  direction and leadership with respect to terrorism and
  729  immigration enforcement incident prevention, preparation,
  730  protection, response, and recovery efforts by state and local
  731  agencies in this state. In recognition of this need, the
  732  Domestic Security Oversight Council is hereby created. The
  733  council shall serve as an advisory council pursuant to s.
  734  20.03(7) to provide guidance to the state’s regional domestic
  735  security task forces and other domestic security working groups
  736  and to make recommendations to the Governor and the Legislature
  737  regarding the expenditure of funds and allocation of resources
  738  related to counter-terrorism and cooperating with and providing
  739  assistance to the Federal Government in the enforcement of
  740  federal immigration laws and domestic security efforts.
  741         (1) MEMBERSHIP.—
  742         (a) The Domestic Security Oversight Council shall consist
  743  of the following voting members:
  744         1. The executive director of the Department of Law
  745  Enforcement.
  746         2. The director of the Division of Emergency Management.
  747         3. The Attorney General.
  748         4. The Commissioner of Agriculture.
  749         5. The State Surgeon General.
  750         6. The Commissioner of Education.
  751         7. The State Fire Marshal.
  752         8. The adjutant general of the Florida National Guard.
  753         9. The state chief information officer.
  754         10. Each sheriff or chief of police who serves as a co
  755  chair of a regional domestic security task force pursuant to s.
  756  943.0312(1)(b).
  757         11. Each of the department’s special agents in charge who
  758  serve as a co-chair of a regional domestic security task force.
  759         12. Two representatives of the Florida Fire Chiefs
  760  Association.
  761         13. One representative of the Florida Police Chiefs
  762  Association.
  763         14. One representative of the Florida Prosecuting Attorneys
  764  Association.
  765         15. The chair of the Statewide Domestic Security
  766  Intelligence Committee.
  767         16. One representative of the Florida Hospital Association.
  768         17. One representative of the Emergency Medical Services
  769  Advisory Council.
  770         18. One representative of the Florida Emergency
  771  Preparedness Association.
  772         19. One representative of the Florida Seaport
  773  Transportation and Economic Development Council.
  774         (b) In addition to the members designated in paragraph (a),
  775  the council may invite other ex officio, nonvoting members to
  776  attend and participate in council meetings. Those nonvoting
  777  members may include, but need not be limited to:
  778         1. The executive director of the Department of Highway
  779  Safety and Motor Vehicles.
  780         2. The Secretary of Health Care Administration.
  781         3. The Secretary of Environmental Protection.
  782         4. The director of the Division of Law Enforcement within
  783  the Fish and Wildlife Conservation Commission.
  784         5. A representative of the Commission on Human Relations.
  785         6. A representative of the United States Coast Guard.
  786         7. A United States Attorney from a federal judicial circuit
  787  within this state.
  788         8. A special agent in charge from an office of the Federal
  789  Bureau of Investigation within this state.
  790         9. A representative of the United States Department of
  791  Homeland Security.
  792         10. A representative of United States Immigration and
  793  Customs Enforcement.
  794         11. A representative of United States Customs and Border
  795  Protection.
  796         (2) ORGANIZATION.—
  797         (a) The Legislature finds that the council serves a
  798  legitimate state, county, and municipal purpose and that service
  799  on the council is consistent with a member’s principal service
  800  in public office or employment. Membership on the council does
  801  not disqualify a member from holding any other public office or
  802  being employed by a public entity, except that a member of the
  803  Legislature may not serve on the council.
  804         (b) The executive director of the Department of Law
  805  Enforcement shall serve as chair of the council, and the
  806  director of the Division of Emergency Management shall serve as
  807  vice chair of the council. In the absence of the chair, the vice
  808  chair shall serve as chair. In the absence of the vice chair,
  809  the chair may name any member of the council to perform the
  810  duties of the chair if such substitution does not extend beyond
  811  a defined meeting, duty, or period of time.
  812         (c) Any absent voting member of the council may be
  813  represented by a designee empowered to act on any issue before
  814  the council to the same extent that the designating member is
  815  empowered. If a co-chair of a regional domestic security task
  816  force is absent from a council meeting, the co-chair shall
  817  appoint a subcommittee chair of that task force as the designee.
  818         (d) The council shall establish bylaws for its general
  819  governance.
  820         (e) Any member of the council serving by reason of the
  821  office or employment held by the member shall cease to serve on
  822  the council at such time as he or she ceases to hold the office
  823  or employment which was the basis for appointment to the
  824  council.
  825         (f) Representatives from agencies or organizations other
  826  than those designated by title shall be chosen by the entity.
  827  Except for those individuals designated by title, council
  828  members shall be certified annually to the chair by the
  829  organization they represent.
  830         (g) Members of the council or their designees shall serve
  831  without compensation but are entitled to reimbursement for per
  832  diem and travel expenses pursuant to s. 112.061.
  833         (h) The department shall provide the council with the staff
  834  support necessary to assist in the performance of its duties.
  835         (3) MEETINGS.—The council must meet at least semiannually.
  836  Additional meetings may be held as necessary. A majority of the
  837  members of the council constitutes a quorum.
  838         (4) EXECUTIVE COMMITTEE.—
  839         (a) The council shall establish an executive committee
  840  consisting of the following members:
  841         1. The executive director of the Department of Law
  842  Enforcement.
  843         2. The director of the Division of Emergency Management.
  844         3. The Attorney General.
  845         4. The Commissioner of Agriculture.
  846         5. The State Surgeon General.
  847         6. The Commissioner of Education.
  848         7. The State Fire Marshal.
  849         (b) The executive director of the Department of Law
  850  Enforcement shall serve as the chair of the executive committee,
  851  and the director of the Division of Emergency Management shall
  852  serve as the vice chair of the executive committee.
  853         (c) The executive committee shall approve all matters
  854  brought before the council prior to consideration. When
  855  expedited action of the council is deemed necessary by the chair
  856  or vice chair, the executive committee may act on behalf of the
  857  council.
  858         (5) DUTIES OF THE COUNCIL.—
  859         (a) The Domestic Security Oversight Council shall serve as
  860  an advisory council to the Governor, the Legislature, and the
  861  Chief of Domestic Security. The council shall:
  862         1. Review the development, maintenance, and operation of a
  863  comprehensive multidisciplinary domestic security strategy that
  864  will guide the state’s prevention, preparedness, protection,
  865  response, and recovery efforts against terrorist attacks and
  866  immigration enforcement incidents and make appropriate
  867  recommendations to ensure the implementation of that strategy.
  868         2. Review the development of integrated funding plans to
  869  support specific projects, goals, and objectives necessary to
  870  the state’s domestic security strategy and make appropriate
  871  recommendations to implement those plans.
  872         3. Review and recommend approval of prioritized
  873  recommendations from regional domestic security task forces and
  874  state working groups on the use of available funding to ensure
  875  the use of such funds in a manner that best promotes the goals
  876  of statewide, regional, and local domestic security through
  877  coordinated planning and implementation strategies.
  878         4. Review and recommend approval of statewide policies and
  879  operational protocols that support the domestic security efforts
  880  of the regional domestic security task forces and state
  881  agencies.
  882         5. Review the overall statewide effectiveness of domestic
  883  security efforts, and counter-terrorism efforts, and efforts of
  884  coordinating with and providing assistance to the Federal
  885  Government in the enforcement of federal immigration laws in
  886  order to provide suggestions to improve or enhance those
  887  efforts.
  888         6. Review the efforts of any agency or entity involved in
  889  state or local domestic security efforts, and counter-terrorism
  890  efforts, and efforts of coordination with and providing
  891  assistance to the Federal Government in the enforcement of
  892  federal immigration laws that requests assistance or that
  893  appears to need such review in order to provide suggestions to
  894  improve or enhance those efforts.
  895         7. Review efforts within the state to better secure state
  896  and local infrastructure against terrorist attack or immigration
  897  enforcement incidents and make recommendations to enhance the
  898  effectiveness of such efforts.
  899         8. Review and recommend legislative initiatives related to
  900  the state’s domestic security and provide endorsement or
  901  recommendations to enhance the effectiveness of such efforts.
  902         9. Review statewide or multiagency mobilizations and
  903  responses to major domestic security incidents and recommend
  904  suggestions for training, improvement of response efforts, or
  905  improvement of coordination or for other strategies that may be
  906  derived as necessary from such reviews.
  907         10. Conduct any additional review or inquiry or make
  908  recommendations to the Governor and Legislature in support of
  909  other initiatives, as may be necessary, to fulfill the function
  910  of general oversight of the state’s domestic security efforts,
  911  and counter-terrorism efforts, and efforts of coordinating with
  912  and providing assistance to the Federal Government in the
  913  enforcement of federal immigration laws and to promote increased
  914  security.
  915         11. Promote and preserve intergovernmental cooperation and
  916  consensus among state and local agencies, the Federal
  917  Government, private entities, other states, and other nations,
  918  as appropriate, under the guidance of the Governor.
  919         (b) The Domestic Security Oversight Council shall make an
  920  annual funding recommendation to the Governor and Legislature
  921  which shall prioritize funding requests based on allocations
  922  from all available sources for implementing the state’s domestic
  923  security strategy. This recommendation must include the
  924  prioritized recommendations of each of the regional domestic
  925  security task forces and the various working groups that
  926  participate in the prioritization process for funding
  927  allocations. The recommendation must reflect the consideration
  928  of strategic priorities and allocations that best serve the
  929  state’s overall domestic security needs. The recommendation
  930  shall be transmitted to the Governor and the Legislature by
  931  December 31 of each year. If additional funds become available,
  932  or reallocation of funding is required beyond current spending
  933  authorizations, the council may make recommendations to the
  934  Governor for consideration by the Legislative Budget Commission.
  935         (6) REPORTS.—The council shall report annually on its
  936  activities, on or before December 31 of each calendar year, to
  937  the Governor, the President of the Senate, the Speaker of the
  938  House of Representatives, and the chairs of the committees
  939  having principal jurisdiction over domestic security in the
  940  Senate and the House of Representatives.
  941         (7) AGENCY DESIGNATION.—For purposes of this section, the
  942  Domestic Security Oversight Council shall be considered a
  943  criminal justice agency within the definition of s. 119.011(4).
  944         Section 17. Paragraph (g) of subsection (2) and paragraph
  945  (a) of subsection (3) of section 943.325, Florida Statutes, are
  946  amended, and paragraph (f) is added to subsection (7) of that
  947  section, to read:
  948         943.325 DNA database.—
  949         (2) DEFINITIONS.—As used in this section, the term:
  950         (g) “Qualifying offender” means any person, including
  951  juveniles and adults, who is:
  952         1.a. Committed to a county jail;
  953         b. Committed to or under the supervision of the Department
  954  of Corrections, including persons incarcerated in a private
  955  correctional institution operated under contract pursuant to s.
  956  944.105;
  957         c. Committed to or under the supervision of the Department
  958  of Juvenile Justice;
  959         d. Transferred to this state under the Interstate Compact
  960  on Juveniles, part XIII of chapter 985; or
  961         e. Accepted under Article IV of the Interstate Corrections
  962  Compact, part III of chapter 941; and who is:
  963         2.a. Convicted of any felony offense or attempted felony
  964  offense in this state or of a similar offense in another
  965  jurisdiction;
  966         b. Convicted of a misdemeanor violation of s. 784.048, s.
  967  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
  968  offense that was found, pursuant to s. 874.04, to have been
  969  committed for the purpose of benefiting, promoting, or
  970  furthering the interests of a criminal gang as defined in s.
  971  874.03; or
  972         c. Arrested for any felony offense or attempted felony
  973  offense in this state; or
  974         d. In the custody of a law enforcement agency and is
  975  subject to an immigration detainer issued by a federal
  976  immigration agency.
  977         (3) COLLECTION OF SAMPLES.—
  978         (a) Each qualifying offender shall submit a DNA sample at
  979  the time he or she is booked into a jail, correctional facility,
  980  or juvenile facility. A person who becomes a qualifying offender
  981  solely because of the issuance of an immigration detainer by a
  982  federal immigration agency must submit a DNA sample when the law
  983  enforcement agency having custody of the offender receives the
  984  detainer.
  985         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
  986         (f) A law enforcement agency having custody of a person who
  987  becomes a qualifying offender solely because of the issuance of
  988  an immigration detainer by a federal immigration agency shall
  989  ensure that a DNA sample is taken from the offender immediately
  990  after the agency receives the detainer and shall secure and
  991  transmit the sample to the department in a timely manner.
  992         Section 18. Except as otherwise expressly provided in this
  993  act, this act shall take effect July 1, 2023.