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• An act relating to federal immigration enforcement;

• providing a short title; creating chapter 908, F.S.,

• relating to federal immigration enforcement; providing

• legislative findings and intent; providing

• definitions; prohibiting sanctuary policies; requiring

• state entities, local governmental entities, and law

• enforcement agencies to comply with and support the

• enforcement of federal immigration law; specifying

• duties concerning certain arrested persons; specifying

• duties concerning immigration detainers; prohibiting

• restrictions by such entities and agencies on taking

• certain actions with respect to information regarding

• a person’s immigration status; providing requirements

• concerning certain criminal defendants subject to

• immigration detainers or otherwise subject to transfer

• to federal custody; authorizing a law enforcement

• agency to transport an unauthorized alien under

• certain circumstances; providing an exception to

• reporting requirements for crime victims or witnesses;

• requiring recordkeeping relating to crime victim and

• witness cooperation in certain investigations;

• authorizing a board of county commissioners to adopt

• an ordinance to recover costs for complying with an

• immigration detainer; authorizing local governmental

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• entities and law enforcement agencies to petition the

• Federal Government for reimbursement of certain costs;

• requiring report of violations; providing penalties

• for failure to report a violation; providing whistle-

• blower protections for persons who report violations;

• requiring the Attorney General to prescribe the format

• for submitting complaints; providing requirements for

• entities to comply with document requests from state

• attorneys concerning violations; providing for

• investigation of possible violations; providing for

• injunctive relief and civil penalties; providing for

• venue; requiring written findings; prohibiting the

• expenditure of public funds for specified purposes;

• providing a cause of action for personal injury or

• wrongful death attributed to a sanctuary policy;

• providing that a trial by jury is a matter of right;

• requiring written findings; providing for

• applicability to certain education records;

• prohibiting discrimination on specified grounds;

• providing for implementation; requiring repeal of

• existing sanctuary policies within a specified period;

• providing effective dates.

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• Be It Enacted by the Legislature of the State of Florida:

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• Section 1. Short title.—This act may be cited as the “Rule

• of Law Adherence Act.”

• Section 2. Chapter 908, Florida Statutes, consisting of

• sections 908.101-908.402, is created to read:

• 101 Legislative findings and intent.—The Legislature

• finds that it is an important state interest that state

• entities, local governmental entities, and their officials owe

• an affirmative duty to all citizens and other persons lawfully

• present in the United States to assist the Federal Government

• with enforcement of federal immigration laws within this state,

• including complying with federal immigration detainers. The

• Legislature further finds that it is an important state interest

• that, in the interest of public safety and adherence to federal

• law, this state support federal immigration enforcement efforts

• and ensure that such efforts are not impeded or thwarted by

• state or local laws, policies, practices, procedures, or

• State entities, local governmental entities, and their

• officials who encourage persons unlawfully present in the United

• States to locate within this state or who shield such persons

• from personal responsibility for their unlawful actions breach

• this duty and should be held accountable.

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• 102 Definitions.—As used in this chapter, the term:

• (1) “Federal immigration agency” means the United States

• Department of Justice, the United States Department of Homeland

• Security, or any successor agency and any division of such

• agency, including United States Immigration and Customs

• Enforcement, United States Customs and Border Protection, or any

• other federal agency charged with the enforcement of immigration

• The term includes an official or employee of such agency.

• (2) “Immigration detainer” means a facially sufficient

• written or electronic request issued by a federal immigration

• agency using that agency’s official form to request that another

• law enforcement agency detain a person based on probable cause

• to believe that the person to be detained is a removable alien

• under federal immigration law, including detainers issued

• pursuant to 8 U.S.C. ss. 1226 and 1357. For purposes of this

• subsection, an immigration detainer is deemed facially

• sufficient if:

• (a) The federal immigration agency’s official form is

• complete and indicates on its face that the federal immigration

• official has probable cause to believe that the person to be

• detained is a removable alien under federal immigration law; or

• (b) The federal immigration agency’s official form is

• incomplete and fails to indicate on its face that the federal

• immigration official has probable cause to believe that the

• person to be detained is a removable alien under federal

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• immigration law, but is supported by an affidavit, order, or

• other official documentation that indicates that the federal

• immigration agency has probable cause to believe that the person

• to be detained is a removable alien under federal immigration

• (3) “Inmate” means a person in the custody of a law

• enforcement agency.

• (4) “Law enforcement agency” means an agency in this state

• charged with enforcement of state, county, municipal, or federal

• laws or with managing custody of detained persons in the state

• and includes municipal police departments, sheriff’s offices,

• state police departments, state university and college police

• departments, and the Department of Corrections. The term

• includes an official or employee of such agency.

• (5) “Local governmental entity” means any county,

• municipality, or other political subdivision of this state. The

• term includes a person holding public office or having official

• duties as a representative, agent, or employee of such entity.

• (6) “Sanctuary policy” means a law, policy, practice,

• procedure, or custom adopted or permitted by a state entity,

• local governmental entity, or law enforcement agency which

• contravenes 8 U.S.C. s. 1373(a) or (b), or which knowingly

• prohibits or impedes a law enforcement agency from communicating

• or cooperating with a federal immigration agency with respect to

• federal immigration enforcement, including, but not limited to,

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• limiting or preventing a state entity, local governmental

• entity, or law enforcement agency from:

• (a) Complying with an immigration detainer;

• (b) Complying with a request from a federal immigration

• agency to notify the agency before the release of an inmate or

• detainee in the custody of the state entity, local governmental

• entity, or law enforcement agency;

• (c) Providing a federal immigration agency access to an

• inmate for interview;

• (d) Initiating an immigration status investigation; or

• (e) Providing a federal immigration agency with an

• inmate’s incarceration status or release date.

• (7) “Sanctuary policymaker” means a state or local elected

• official, or an appointed official of a local governmental

• entity governing body, who has voted for, allowed to be

• implemented, or voted against repeal or prohibition of a

• sanctuary policy.

• (8) “State entity” means the state or any office, board,

• bureau, commission, department, branch, division, or institution

• thereof, including institutions within the State University

• System and the Florida College System. The term includes a

• person holding public office or having official duties as a

• representative, agent, or employee of such entity.

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• 201 Sanctuary policies prohibited.—A state entity, law

• enforcement agency, or local governmental entity may not adopt

• or have in effect a sanctuary policy.

• 202 Cooperation with federal immigration authorities.—

• (1) A state entity, local governmental entity, or law

• enforcement agency shall fully comply with and, to the full

• extent permitted by law, support the enforcement of federal

• immigration law. This subsection is only applicable to an

• official, representative, agent, or employee of such entity or

• agency when he or she is acting within the scope of his or her

• official duties or within the scope of his or her employment.

• (2) Except as otherwise expressly prohibited by federal

• law, a state entity, local governmental entity, or law

• enforcement agency may not prohibit or in any way restrict

• another state entity, local governmental entity, or law

• enforcement agency from taking any of the following actions with

• respect to information regarding a person’s immigration status:

• (a) Sending such information to or requesting, receiving,

• or reviewing such information from a federal immigration agency

• for purposes of this chapter.

• (b) Recording and maintaining such information for

• purposes of this chapter.

• (c) Exchanging such information with a federal immigration

• agency or another state entity, local governmental entity, or

• law enforcement agency for purposes of this chapter.

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• (d) Using such information to determine eligibility for a

• public benefit, service, or license pursuant to federal or state

• law or an ordinance or regulation of a local governmental

• (e) Using such information to verify a claim of residence

• or domicile if a determination of residence or domicile is

• required under federal or state law, an ordinance or regulation

• of a local governmental entity, or a judicial order issued

• pursuant to a civil or criminal proceeding in this state.

• (f) Using such information to comply with an immigration

• (g) Using such information to confirm the identity of a

• person who is detained by a law enforcement agency.

• (3)(a) This subsection only applies in a criminal case in

• which:

• The judgment requires the defendant to be confined in a

• secure correctional facility; and

• The judge:

• Indicates in the record under s. 908.204 that the

• defendant is subject to an immigration detainer; or

• Otherwise indicates in the record that the defendant is

• subject to a transfer into federal custody.

• (b) In a criminal case described by paragraph (a), the

• judge shall, at the time of pronouncement of a sentence of

• confinement, issue an order requiring the secure correctional

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• facility in which the defendant is to be confined to reduce the

• defendant’s sentence by a period of not more than 7 days on the

• facility’s determination that the reduction in sentence will

• facilitate the seamless transfer of the defendant into federal

• For purposes of this paragraph, the term “secure

• correctional facility” means a state correctional institution,

• as defined in s. 944.02, or a county detention facility or a

• municipal detention facility, as defined in s. 951.23.

• (c) If the applicable information described by

• subparagraph (a)2. is not available at the time the sentence is

• pronounced in the case, the judge shall issue the order

• described by paragraph (b) as soon as the information becomes

• (4) Notwithstanding any other provision of law, if a law

• enforcement agency has received verification from a federal

• immigration agency that an alien in the law enforcement agency’s

• custody is unlawfully present in the United States, the law

• enforcement agency may securely transport such alien to a

• federal facility in this state or to another point of transfer

• to federal custody outside the jurisdiction of the law

• enforcement agency. A law enforcement agency shall obtain

• judicial authorization before securely transporting such alien

• to a point of transfer outside of this state.

• (5) This section does not require a state entity, local

• governmental entity, or law enforcement agency to provide a

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• federal immigration agency with information related to a victim

• of or a witness to a criminal offense if such victim or witness

• timely and in good faith responds to the entity’s or agency’s

• request for information and cooperation in the investigation or

• prosecution of such offense.

• (6) A state entity, local governmental entity, or law

• enforcement agency that, pursuant to subsection (5), withholds

• information regarding the immigration information of a victim of

• or witness to a criminal offense shall document such victim’s or

• witness’s cooperation in the entity’s or agency’s investigative

• records related to the offense and shall retain such records for

• at least 10 years for the purpose of audit, verification, or

• inspection by the Auditor General.

• 203 Duties related to certain arrested persons.—

• (1) If a person is arrested and is unable to provide proof

• of his or her lawful presence in the United States, not later

• than 48 hours after the person is arrested and before the person

• is released on bond, a law enforcement agency performing the

• booking process shall:

• (a) Review any information available from a federal

• immigration agency.

• (b) If information obtained under paragraph (a) reveals

• that the person is not a citizen of the United States and is

• unlawfully present in the United States according to the terms

• of the federal Immigration and Nationality Act, 8 U.S.C. ss.

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• 1101 et seq., the law enforcement agency shall:

• Provide immediate notice of the person’s arrest and

• charges to a federal immigration agency.

• Provide notice of that fact to the judge authorized to

• grant or deny the person’s release on bail under chapter 903.

• Record that fact in the person’s case file.

• (2) A law enforcement agency is not required to perform a

• duty imposed by subsection (1) with respect to a person who is

• transferred to the custody of the agency by another law

• enforcement agency if the transferring agency performed that

• duty before transferring custody of the person.

• (3) A judge who receives notice of a person’s immigration

• status under this section shall ensure that such status is

• recorded in the court record.

• 204 Duties related to immigration detainer.—

• (1) A law enforcement agency that has custody of a person

• subject to an immigration detainer issued by a federal

• immigration agency shall:

• (a) Provide to the judge authorized to grant or deny the

• person’s release on bail under chapter 903 notice that the

• person is subject to an immigration detainer.

• (b) Record in the person’s case file that the person is

• subject to an immigration detainer.

• (c) Comply with, honor, and fulfill the requests made in

• the immigration detainer.

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• (2) A law enforcement agency is not required to perform a

• duty imposed by paragraph (1)(a) or paragraph (1)(b) with

• respect to a person who is transferred to the custody of the

• agency by another law enforcement agency if the transferring

• agency performed that duty before transferring custody of the

• (3) A judge who receives notice that a person is subject

• to an immigration detainer shall ensure that such fact is

• recorded in the court record, regardless of whether the notice

• is received before or after a judgment in the case.

• 205 Reimbursement of costs.—

• (1) A board of county commissioners may adopt an ordinance

• requiring a person detained pursuant to an immigration detainer

• to reimburse the county for any expenses incurred in detaining

• the person pursuant to the immigration detainer. A person

• detained pursuant to an immigration detainer is not liable under

• this section if a federal immigration agency determines that the

• immigration detainer was improperly issued.

• (2) A local governmental entity or law enforcement agency

• may petition the Federal Government for reimbursement of the

• entity’s or agency’s detention costs and the costs of compliance

• with federal requests when such costs are incurred in support of

• the enforcement of federal immigration law.

• 206 Duty to report.—

• (1) An official, representative, agent, or employee of a

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• state entity, local governmental entity, or law enforcement

• agency shall promptly report a known or probable violation of

• this chapter to the Attorney General or the state attorney

• having jurisdiction over the entity or agency.

• (2) An official, representative, agent, or employee of a

• state entity, local governmental entity, or law enforcement

• agency who willfully and knowingly fails to report a known or

• probable violation of this chapter may be suspended or removed

• from office pursuant to general law and s. 7, Art. IV of the

• State Constitution.

• (3) A state entity, local governmental entity, or law

• enforcement agency may not dismiss, discipline, take any adverse

• personnel action as defined in s. 112.3187(3) against, or take

• any adverse action described in s. 112.3187(4)(b) against, an

• official, representative, agent, or employee for complying with

• subsection (1).

• (4) Section 112.3187 of the Whistle-blower’s Act applies

• to an official, representative, agent, or employee of a state

• entity, local governmental entity, or law enforcement agency who

• is dismissed, disciplined, subject to any adverse personnel

• action as defined in s. 112.3187(3) or any adverse action

• described in s. 112.3187(4)(b), or denied employment because he

• or she complied with subsection (1).

• 207 Implementation.—This chapter shall be implemented

• to the fullest extent permitted by federal law regulating

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• immigration and the legislative findings and intent declared in

• 908.101.

• 301 Complaints.—The Attorney General shall prescribe

• and provide through the Department of Legal Affairs’ website the

• format for a person to submit a complaint alleging a violation

• of this chapter. This section does not prohibit the filing of an

• anonymous complaint or a complaint not submitted in the

• prescribed format. Any person has standing to submit a complaint

• under this chapter.

• 302 Enforcement; penalties.—

• (1) The state attorney for the county in which a state

• entity is headquartered or in which a local governmental entity

• or law enforcement agency is located has primary responsibility

• and authority for investigating credible complaints of a

• violation of this chapter. The results of an investigation by a

• state attorney shall be provided to the Attorney General in a

• timely manner.

• (2)(a) A state entity, local governmental entity, or law

• enforcement agency for which the state attorney has received a

• complaint shall comply with a document request from the state

• attorney related to the complaint.

• (b) If the state attorney determines that a complaint

• filed against a state entity, local governmental entity, or law

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• enforcement agency is valid, the state attorney shall, not later

• than the 10th day after the date of the determination, provide

• written notification to the entity that:

• The complaint has been filed.

• The state attorney has determined that the complaint is

• The state attorney is authorized to file an action to

• enjoin the violation if the entity does not come into compliance

• with the requirements of this chapter on or before the 60th day

• after the notification is provided.

• (c) No later than the 30th day after the day a state

• entity or local governmental entity receives written

• notification under paragraph (b), the state entity or local

• governmental entity shall provide the state attorney with a copy

• of:

• The entity’s written policies and procedures with

• respect to federal immigration agency enforcement actions,

• including the entity’s policies and procedures with respect to

• immigration detainers.

• Each immigration detainer received by the entity from a

• federal immigration agency in the current calendar year-to-date

• and the two prior calendar years.

• Each response sent by the entity for an immigration

• detainer described by subparagraph 2.

• (3) The Attorney General, the state attorney who conducted

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• the investigation, or a state attorney ordered by the Governor

• pursuant to s. 27.14 may institute proceedings in circuit court

• to enjoin a state entity, local governmental entity, or law

• enforcement agency found to be in violation of this chapter.

• Venue of an action brought by the Attorney General may be in

• Leon County. The court shall expedite an action under this

• section, including setting a hearing at the earliest practicable

• (4) Upon adjudication by the court or as provided in a

• consent decree declaring that a state entity, local governmental

• entity, or law enforcement agency has violated this chapter, the

• court shall enjoin the unlawful sanctuary policy and order that

• such entity or agency pay a civil penalty to the state of at

• least $1,000 but not more than $5,000 for each day that the

• sanctuary policy was in effect commencing on October 1, 2018, or

• the date the sanctuary policy was first enacted, whichever is

• later, until the date the injunction was granted. The court

• shall have continuing jurisdiction over the parties and subject

• matter and may enforce its orders with imposition of additional

• civil penalties as provided for in this section and contempt

• proceedings as provided by law.

• (5) An order approving a consent decree or granting an

• injunction or civil penalties pursuant to subsection (4) must

• include written findings of fact that describe with specificity

• the existence and nature of the sanctuary policy in violation of

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• 908.201 and that identify each sanctuary policymaker who

• voted for, allowed to be implemented, or voted against repeal or

• prohibition of the sanctuary policy. The court shall provide a

• copy of the consent decree or order granting an injunction or

• civil penalties that contains the written findings required by

• this subsection to the Governor within 30 days after the date of

• A sanctuary policymaker identified in an order

• approving a consent decree or granting an injunction or civil

• penalties may be suspended or removed from office pursuant to

• general law and s. 7, Art. IV of the State Constitution.

• (6) A state entity, local governmental entity, or law

• enforcement agency ordered to pay a civil penalty pursuant to

• subsection (4) shall remit payment to the Chief Financial

• Officer, who shall deposit such payment into the General Revenue

• (7) Except as required by law, public funds may not be

• used to defend or reimburse a sanctuary policymaker or an

• official, representative, agent, or employee of a state entity,

• local governmental entity, or law enforcement agency who

• knowingly and willfully violates this chapter.

• 303 Civil cause of action for personal injury or

• wrongful death attributed to a sanctuary policy; trial by jury;

• required written findings.—

• (1) A person injured in this state by the tortious acts or

• omissions of an alien unlawfully present in the United States,

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• or the personal representative of a person killed in this state

• by the tortious acts or omissions of an alien unlawfully present

• in the United States, has a cause of action for damages against

• a state entity, local governmental entity, or law enforcement

• agency in violation of ss. 908.201 and 908.202 upon proof by the

• greater weight of the evidence of:

• (a) The existence of a sanctuary policy in violation of s.

• 201; and

• (b)1. A failure to comply with a provision of s. 908.202

• resulting in such alien’s having access to the person injured or

• killed when the tortious acts or omissions occurred; or

• A failure to comply with a provision of s.

• 204(1)(c) resulting in such alien’s having access to the

• person injured or killed when the tortious acts or omissions

• (2) A cause of action brought pursuant to subsection (1)

• may not be brought against a person who holds public office or

• who has official duties as a representative, agent, or employee

• of a state entity, local governmental entity, or law enforcement

• agency, including a sanctuary policymaker.

• (3) Trial by jury is a matter of right in an action

• brought under this section.

• (4) A final judgment entered in favor of a plaintiff in a

• cause of action brought pursuant to this section must include

• written findings of fact that describe with specificity the

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• existence and nature of the sanctuary policy in violation of s.

• 201 and that identify each sanctuary policymaker who voted

• for, allowed to be implemented, or voted against repeal or

• prohibition of the sanctuary policy. The court shall provide a

• copy of the final judgment containing the written findings

• required by this subsection to the Governor within 30 days after

• the date of rendition. A sanctuary policymaker identified in a

• final judgment may be suspended or removed from office pursuant

• to general law and s. 7, Art. IV of the State Constitution.

• (5) Except as provided in this section, this chapter does

• not create a private cause of action against a state entity,

• local governmental entity, or law enforcement agency that

• complies with this chapter.

• 304 Ineligibility for state grant funding.—

• (1) Notwithstanding any other provision of law, a state

• entity, local governmental entity, or law enforcement agency

• shall be ineligible to receive funding from non-federal grant

• programs administered by state agencies that receive funding

• from the General Appropriations Act for a period of 5 years from

• the date of adjudication that such state entity, local

• governmental entity, or law enforcement agency had in effect a

• sanctuary policy in violation of this chapter.

• (2) The Chief Financial Officer shall be notified by the

• state attorney of an adjudicated violation of this chapter by a

• state entity, local governmental entity, or law enforcement

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• agency and be provided with a copy of the final court

• injunction, order, or judgment. Upon receiving such notice, the

• Chief Financial Officer shall timely inform all state agencies

• that administer non-federal grant funding of the adjudicated

• violation by the state entity, local governmental entity, or law

• enforcement agency and direct such agencies to cancel all

• pending grant applications and enforce the ineligibility of such

• entity for the prescribed period.

• (3) This subsection does not apply to:

• (a) Funding that is received as a result of an

• appropriation to a specifically named state entity, local

• governmental entity, or law enforcement agency in the General

• Appropriations Act or other law.

• (b) Grants awarded prior to the date of adjudication that

• such state entity, local governmental entity, or law enforcement

• agency had in effect a sanctuary policy in violation of this

• 401 Education records.—This chapter does not apply to

• the release of information contained in education records of an

• educational agency or institution, except in conformity with the

• Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s.

• 402 Discrimination prohibited.—A state entity, a local

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F   L    O    R    I    D    A           H    O    U    S    E           O    F           R    E    P   R    E   S    E    N    T    A    T    I    V    E     S

• governmental entity, or a law enforcement agency, or a person

• employed by or otherwise under the direction or control of such

• an entity, may not base its actions under this chapter on the

• gender, race, religion, national origin, or physical disability

• of a person except to the extent permitted by the United States

• Constitution or the state constitution.

• Section 3. A sanctuary policy, as defined in s. 908.102,

• Florida Statutes, as created by this act, that is in effect on

• the effective date of this act must be repealed within 90 days

• after that date.

• Section 4. Sections 908.302 and 908.303, Florida Statutes,

• as created by this act, shall take effect October 1, 2018, and,

• except as otherwise expressly provided in this act, this act

• shall take effect July 1, 201Page 21 of 21

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