Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for SB 2-B
       
       
       
       
       
       
                                Ì802846;Î802846                         
       
                              LEGISLATIVE ACTION                        
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       Senator Smith moved the following:
       
    1         Senate Amendment to Amendment (843850) (with title
    2  amendment)
    3  
    4         Delete lines 846 - 917
    5  and insert:
    6         Section 30. Subsection (1) of section 908.104, Florida
    7  Statutes, is amended to read:
    8         908.104 Cooperation with federal immigration authorities.—
    9         (1) Except as provided in s. 908.1041, a law enforcement
   10  agency shall use best efforts to support the enforcement of
   11  federal immigration law. This subsection applies to an official,
   12  representative, agent, or employee of the entity or agency only
   13  when he or she is acting within the scope of his or her official
   14  duties or within the scope of his or her employment.
   15         Section 31. Section 908.1041, Florida Statutes, is created
   16  to read:
   17         908.1041 Prohibition against engaging in immigration
   18  enforcement activities near public schools or religious
   19  institutions.—
   20         (1) As used in this section, the term:
   21         (a) “Immigration enforcement activities” means any action
   22  by a law enforcement officer or agency, including, but not
   23  limited to, the identification, detention, questioning,
   24  investigation, or arrest of individuals based on their
   25  immigration status.
   26         (b) “Public school” means any facility or location
   27  providing primary or secondary education, including, but not
   28  limited to, public K-12 schools, charter schools, and school
   29  grounds.
   30         (c) “Religious institution” means any building or space
   31  primarily used for religious worship or practices, including,
   32  but not limited to, churches, synagogues, mosques, temples, and
   33  other places of religious gatherings.
   34         (2) A law enforcement agency, officer, or sheriff’s deputy
   35  may not engage in or cooperate with immigration enforcement
   36  activities or engage in or cooperate with immigration
   37  enforcement activities pursuant to the Unauthorized Alien
   38  Transport Program under s. 908.13 within 500 feet of any public
   39  school or religious institution, except in cases of exigent
   40  circumstances where immediate action is necessary to prevent
   41  harm or death. A local law enforcement agency may not:
   42         (a) Use agency resources, personnel, or authority to
   43  question, detain, or arrest individuals solely based on their
   44  immigration status on the grounds of, or within 500 feet of, a
   45  public school or religious institution.
   46         (b) Collaborate with federal immigration agency authorities
   47  for immigration enforcement purposes within or around the areas
   48  described in this subsection unless authorized to do so by a
   49  court with jurisdiction over the matter.
   50         (3) This section does not prohibit a local law enforcement
   51  agency from engaging in activities related to criminal
   52  investigations, emergency responses, or school safety as
   53  authorized by law, provided such activities do not involve
   54  immigration enforcement activities.
   55         (4) Within 30 days after the effective date of this act,
   56  each local law enforcement agency shall submit a report to the
   57  Department of Law Enforcement detailing policies and protocols
   58  for compliance with this section, including training protocols
   59  for officers.
   60         (5) A local law enforcement agency or officer who violates
   61  this section may be subject to disciplinary action by the local
   62  governmental entity, including suspension, dismissal, or loss of
   63  funding for local enforcement efforts.
   64         Section 32. The Division of Law Revision is directed to
   65  replace the phrase “the effective date of this act” with the
   66  date this act becomes a law.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete lines 1966 - 1974
   71  and insert:
   72         adopt rules; amending s. 908.104, F.S.; conforming a
   73         provision to changes made by the act; creating s.
   74         908.1041, F.S.; defining terms; prohibiting local law
   75         enforcement agencies or officers from engaging in or
   76         cooperating with immigration enforcement activities or
   77         engaging in or cooperating with immigration
   78         enforcement activities pursuant to the Unauthorized
   79         Alien Transport Program within a specified distance of
   80         public schools or religious institutions; providing an
   81         exception; requiring law enforcement agencies to
   82         submit a report to the Department of Law Enforcement
   83         within a specified timeframe; providing requirements
   84         for the report; providing for disciplinary action;
   85         providing a directive to the Division of Law Revision;
   86         creating