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
- 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:
55 | CHAPTER 908 | ||||||
56 | FEDERAL IMMIGRATION ENFORCEMENT | ||||||
57 | PART I | ||||||
58 | FINDINGS AND DEFINITIONS | ||||||
- 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.
149 | PART II | ||
150 | DUTIES |
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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.
328 | PART III | ||
329 | ENFORCEMENT |
- 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
493 | PART IV | ||
494 | MISCELLANEOUS |
- 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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- 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
CODING: Words stricken are deletions; words underlined are additions.
hb0009-01-c1