Florida Senate - 2025 SB 4-C
By Senator Gruters
22-00002-25C 20254C__
1 A bill to be entitled
2 An act relating to immigration; providing a directive
3 to the Division of Law Revision; creating s. 811.101,
4 F.S.; defining the terms “removal” and “unauthorized
5 alien”; creating s. 811.102, F.S.; providing criminal
6 penalties for adult unauthorized aliens who knowingly
7 enter or attempt to enter this state after entering
8 the United States by eluding or avoiding examination
9 or inspection by immigration officers; providing a
10 mandatory minimum term of imprisonment; providing
11 enhanced criminal penalties for second or subsequent
12 convictions; providing mandatory minimum terms of
13 imprisonment; prohibiting the arrest of unauthorized
14 aliens under specified circumstances; providing
15 affirmative defenses; requiring a court to presume
16 that no conditions of release can reasonably assure
17 the presence of an unauthorized alien arrested for
18 certain violations at trial and to order the detention
19 of such an unauthorized alien arrested for such a
20 violation pending disposition of the case; specifying
21 that such aliens are not eligible for any civil
22 citation or other prearrest or postarrest diversion
23 program; requiring the arresting law enforcement
24 agency to notify certain entities of the unauthorized
25 alien’s arrest; creating s. 811.103, F.S.; providing
26 criminal penalties for an adult unauthorized alien
27 who, after having been denied admission, excluded,
28 deported, or removed or having departed the United
29 States during the time an order of exclusion,
30 deportation, or removal is outstanding, thereafter
31 enters, attempts to enter, or is at any time found in
32 this state; providing exceptions; providing a
33 mandatory minimum term of imprisonment; providing
34 enhanced criminal penalties for an unauthorized alien
35 whose arrest for such violations was after convictions
36 for the commission of specified offenses; requiring a
37 court to presume that no conditions of release can
38 reasonably assure the presence of an unauthorized
39 alien arrested for certain violations at trial and to
40 order the detention of such an unauthorized alien
41 arrested for such a violation pending disposition of
42 the case; specifying that such aliens are not eligible
43 for any civil citation or other prearrest or
44 postarrest diversion program; requiring the arresting
45 law enforcement agency to notify certain entities of
46 the unauthorized alien’s arrest; creating s. 921.1426,
47 F.S.; requiring a court to sentence a defendant who is
48 an unauthorized alien and who is convicted or
49 adjudicated guilty of a capital felony to a sentence
50 of death; defining the term “unauthorized alien”;
51 providing an effective date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. The Division of Law Revision is directed to
56 create chapter 811, Florida Statutes, to be entitled
57 “UNAUTHORIZED ALIENS, NATIONALITY, AND IMMIGRATION,” consisting
58 of ss. 811.101, 811.102, and 811.103, Florida Statutes.
59 Section 2. Section 811.101, Florida Statutes, is created to
60 read:
61 811.101 Definitions.—As used in this chapter, the term:
62 (1) “Removal” means the departure from the United States of
63 an unauthorized alien after any proceeding under 8 U.S.C. ss.
64 1225, 1228, 1229, or 1229a or any agreement in which an
65 unauthorized alien stipulates to his or her departure from the
66 United States as part of a criminal proceeding under federal or
67 state law.
68 (2) “Unauthorized alien” has the same meaning as in s.
69 908.111.
70 Section 3. Section 811.102, Florida Statutes, is created to
71 read:
72 811.102 Illegal entry by adult unauthorized alien into this
73 state.—
74 (1) Except as provided in subsection (2), an unauthorized
75 alien who is 18 years of age or older and who knowingly enters
76 or attempts to enter this state after entering the United States
77 by eluding or avoiding examination or inspection by immigration
78 officers commits a misdemeanor of the first degree, punishable
79 as provided in s. 775.082 or s. 775.083. A person convicted of a
80 violation of this subsection must be sentenced to a mandatory
81 minimum term of imprisonment of 9 months.
82 (2)(a) An unauthorized alien who has one prior conviction
83 for a violation of this section and who commits a second
84 violation of subsection (1) commits a felony of the third
85 degree, punishable as provided in s. 775.082, s. 775.083, or s.
86 775.084. A person convicted of a violation of this paragraph
87 must be sentenced to a mandatory minimum term of imprisonment of
88 1 year and 1 day.
89 (b) An unauthorized alien who has two or more prior
90 convictions for a violation of this section and who commits a
91 subsequent violation of subsection (1) commits a felony of the
92 third degree, punishable as provided in s. 775.082, s. 775.083,
93 or s. 775.084. A person convicted for a violation of this
94 paragraph must be sentenced to a mandatory minimum term of
95 imprisonment of 2 years.
96 (3) An unauthorized alien may not be arrested for a
97 violation of this section if the unauthorized alien was
98 encountered by law enforcement during the investigation of
99 another crime that occurred in this state and the unauthorized
100 alien witnessed or reported such crime or was a victim of such
101 crime.
102 (4) It is an affirmative defense to prosecution under this
103 section if:
104 (a) The Federal Government has granted the unauthorized
105 alien lawful presence in the United States or discretionary
106 relief that authorizes the unauthorized alien to remain in the
107 United States temporarily or permanently;
108 (b) The unauthorized alien is subject to relief under the
109 Cuban Adjustment Act of 1966; or
110 (c) The unauthorized alien’s entry into the United States
111 did not constitute a violation of 8 U.S.C. s. 1325(a).
112 (5) Notwithstanding any other law, and unless release is
113 otherwise required by the State Constitution or the United
114 States Constitution, the court shall presume that no conditions
115 of release can reasonably assure the presence of an unauthorized
116 alien arrested for a violation of this section at his or her
117 trial and must order the unauthorized alien to be detained
118 pending the disposition of the case.
119 (6) An unauthorized alien who commits a violation of this
120 section is not eligible for a civil citation, prearrest or
121 postarrest diversion program, or other similar program,
122 including, but not limited to, any program described in s.
123 901.41 or s. 921.00241.
124 (7) Upon making an arrest for a violation of this section,
125 the arresting law enforcement agency shall:
126 (a) Notify Immigration and Customs Enforcement of the
127 United States Department of Homeland Security of the
128 unauthorized alien’s arrest and provide any known information
129 relating to the unauthorized alien; and
130 (b) Notify the Department of Law Enforcement of the
131 unauthorized alien’s arrest and provide information relating to
132 the unauthorized alien, which must include his or her
133 fingerprints, photograph, and any other biometric information
134 necessary to identify the unauthorized alien.
135 Section 4. Section 811.103, Florida Statutes, is created to
136 read:
137 811.103 Illegal reentry of an adult unauthorized alien.—
138 (1) An unauthorized alien who is 18 years of age or older
139 commits a felony of the third degree, punishable as provided in
140 s. 775.082, s. 775.083, or s. 775.084, if he or she, after
141 having been denied admission, excluded, deported, or removed or
142 having departed the United States during the time an order of
143 exclusion, deportation, or removal is outstanding, thereafter
144 enters, attempts to enter, or is at any time found in this
145 state. An unauthorized alien does not commit a violation of this
146 subsection if, before the unauthorized alien’s reembarkation at
147 a place outside the United States or his or her application for
148 admission from a foreign contiguous territory:
149 (a) The Attorney General of the United States expressly
150 consented to his or her reapplication for admission; or
151 (b) With respect to an unauthorized alien who was
152 previously denied admission and removed, the unauthorized alien
153 establishes that he or she was not required to obtain such
154 advance consent under the Immigration and Nationality Act, as
155 amended.
156 (2) Except as provided in subsection (3), an unauthorized
157 alien who violates subsection (1) must be sentenced to a
158 mandatory minimum term of imprisonment of 1 year and 1 day.
159 (3)(a) An unauthorized alien who has three or more prior
160 convictions for a misdemeanor or a felony, other than a forcible
161 felony as defined in s. 776.08 or an aggravated felony as
162 defined in 8 U.S.C. s. 1101, and who commits a violation of
163 subsection (1) commits a felony of the third degree, punishable
164 as provided in s. 775.082, s. 775.083, or s. 775.084. A person
165 convicted of violating this paragraph must be sentenced to a
166 mandatory minimum term of imprisonment of 2 years.
167 (b) An unauthorized alien who has a prior conviction for a
168 forcible felony as defined in s. 776.08 or an aggravated felony
169 as defined in 8 U.S.C s. 1101 and who commits a violation of
170 subsection (1) commits a felony of the second degree, punishable
171 as provided in s. 775.082, s. 775.083, or s. 775.084. A person
172 convicted of a violation of this paragraph must be sentenced to
173 a mandatory minimum term of imprisonment of 5 years.
174 (4) Notwithstanding any other law, and unless release is
175 otherwise required by the State Constitution or the United
176 States Constitution, the court shall presume that no conditions
177 of release can reasonably assure the presence of an unauthorized
178 alien arrested for a violation of this section at his or her
179 trial and must order the unauthorized alien to be detained
180 pending the disposition of the case.
181 (5) An unauthorized alien who commits a violation of this
182 section is not eligible for a civil citation, prearrest or
183 postarrest diversion program, or other similar program,
184 including, but not limited to, any program described in s.
185 901.41 or s. 921.00241.
186 (6) Upon making an arrest for a violation of this section,
187 the arresting law enforcement agency shall:
188 (a) Notify Immigration and Customs Enforcement of the
189 United States Department of Homeland Security of the
190 unauthorized alien’s arrest and provide any known information
191 relating to the unauthorized alien; and
192 (b) Notify the Department of Law Enforcement of the
193 unauthorized alien’s arrest and provide information relating to
194 the unauthorized alien, which must include his or her
195 fingerprints, photograph, and any other biometric information
196 necessary to identify the unauthorized alien.
197 Section 5. Section 921.1426, Florida Statutes, is created
198 to read:
199 921.1426 Sentence of death for capital offense committed by
200 unauthorized alien.—Notwithstanding any provision of law to the
201 contrary, the court shall sentence a defendant who is an
202 unauthorized alien and who is convicted or adjudicated guilty of
203 a capital felony to a sentence of death. As used in this
204 section, the term “unauthorized alien” has the same meaning as
205 in s. 908.111.
206 Section 6. This act shall take effect upon becoming a law.