Florida Senate - 2025                                     SB 4-A
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00019-25A                                            20254A__
    1                        A bill to be entitled                      
    2         An act relating to combatting illegal immigration;
    3         reenacting and amending s. 908.104, F.S.; requiring
    4         law enforcement agencies to support the enforcement of
    5         federal immigration law; requiring, rather than
    6         authorizing, law enforcement agencies to transport
    7         certain persons securely to a federal facility in this
    8         state or to another point of transfer to federal
    9         custody outside the jurisdiction of the law
   10         enforcement agency; specifying that certain provisions
   11         do not require a state entity, local governmental
   12         entity, or law enforcement agency to provide a federal
   13         immigration agency with information related to a
   14         victim of or a witness to a criminal offense that
   15         occurred in this state and for which there is an
   16         ongoing investigation or prosecution under specified
   17         circumstances; revising applicability; providing for
   18         severability; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsections (1), (4), (5), and (8) of section
   23  908.104, Florida Statutes, are amended, and subsection (6) of
   24  that section is reenacted, to read:
   25         908.104 Cooperation with federal immigration authorities.—
   26         (1) A law enforcement agency shall use best efforts to
   27  support the enforcement of federal immigration law. This
   28  subsection applies to an official, representative, agent, or
   29  employee of the entity or agency only when he or she is acting
   30  within the scope of his or her official duties or within the
   31  scope of his or her employment.
   32         (4) When a county correctional facility or the Department
   33  of Corrections receives verification from a federal immigration
   34  agency that a person subject to an immigration detainer is in
   35  the law enforcement agency’s custody, the agency shall may
   36  securely transport the person to a federal facility in this
   37  state or to another point of transfer to federal custody outside
   38  the jurisdiction of the law enforcement agency. The law
   39  enforcement agency shall may transfer a person who is subject to
   40  an immigration detainer and is confined in a secure correctional
   41  facility to the custody of a federal immigration agency not
   42  earlier than 12 days before his or her release date. A law
   43  enforcement agency shall obtain judicial authorization before
   44  securely transporting an alien to a point of transfer outside of
   45  this state.
   46         (5) This section does not require a state entity, local
   47  governmental entity, or law enforcement agency to provide a
   48  federal immigration agency with information related to a victim
   49  of or a witness to a criminal offense that occurred in this
   50  state and for which there is an ongoing investigation or
   51  prosecution if the victim or witness timely and in good faith
   52  responds to the entity’s or agency’s request for information and
   53  cooperation in the investigation or prosecution of the offense.
   54         (6) A state entity, local governmental entity, or law
   55  enforcement agency that, pursuant to subsection (5), withholds
   56  information regarding the immigration information of a victim of
   57  or witness to a criminal offense shall document the victim’s or
   58  witness’s cooperation in the entity’s or agency’s investigative
   59  records related to the offense and shall retain the records for
   60  at least 10 years for the purpose of audit, verification, or
   61  inspection by the Auditor General.
   62         (8) This section does not apply to any alien unlawfully
   63  present in the United States if he or she is or has been a
   64  necessary witness or victim of a crime of domestic violence,
   65  rape, sexual exploitation, sexual assault, murder, manslaughter,
   66  assault, battery, human trafficking, kidnapping, false
   67  imprisonment, involuntary servitude, fraud in foreign labor
   68  contracting, blackmail, extortion, or witness tampering for
   69  which there is an ongoing investigation or prosecution in this
   70  state.
   71         Section 2. If any provision of this act or its application
   72  to any person or circumstance is held invalid, the invalidity
   73  does not affect other provisions or applications of this act
   74  which can be given effect without the invalid provisions or
   75  application, and to this end the provisions of this act are
   76  severable.
   77         Section 3. This act shall take effect upon becoming a law.