Bill Text: FL S0002 | 2025 | 2nd Special Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Immigration
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed) 2025-01-28 - Passed; YEAS 82, NAYS 30 [S0002 Detail]
Download: Florida-2025-S0002-Introduced.html
Bill Title: Immigration
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed) 2025-01-28 - Passed; YEAS 82, NAYS 30 [S0002 Detail]
Download: Florida-2025-S0002-Introduced.html
Florida Senate - 2025 SB 2-B
By Senator Gruters
22-00001-25B 20252B__
1 A bill to be entitled
2 An act relating to immigration; providing a short
3 title; amending s. 14.23, F.S.; providing that the
4 Commissioner of Agriculture is the only person
5 responsible for serving as liaison between certain
6 entities regarding federal immigration laws;
7 authorizing the Commissioner of Agriculture to appoint
8 an employee to serve in a specific capacity; creating
9 s. 19.55, F.S.; providing that the Commissioner of
10 Agriculture is the chief immigration officer;
11 providing responsibilities for such position; creating
12 s. 19.56, F.S.; creating the Local Law Enforcement
13 Immigration Grant Program within the Office of State
14 Immigration Enforcement within the Division of Law
15 Enforcement under the Department of Agriculture and
16 Consumer Services for specified purposes; providing
17 the process for awarding grants; prohibiting grants
18 from being awarded for certain activities; requiring
19 the office to adopt rules; amending s. 20.14, F.S.;
20 revising the division structure within the Department
21 of Agriculture and Consumer Services; authorizing the
22 department to establish certain offices; creating s.
23 104.155, F.S.; providing that certain persons who vote
24 in an election are guilty of a felony; prohibiting
25 certain defenses from being raised; providing that a
26 person who takes certain actions with specified
27 knowledge is guilty of a felony; providing penalties;
28 amending s. 252.36, F.S.; providing construction;
29 amending s. 288.061, F.S.; requiring the Department of
30 Commerce to take specified actions when notified of
31 noncompliance with specified economic development
32 incentive application requirements; amending ss.
33 319.001 and 320.01, F.S.; defining the term “valid
34 passport”; amending s. 322.08, F.S.; revising the
35 types of documents that may be used as proof of
36 identity for certain purposes; amending s. 322.121,
37 F.S.; revising the exceptions to the prohibitions on a
38 person being identified as a “Safe Driver”; revising
39 the time period for making certain notifications to
40 the department in order to be identified as a “Safe
41 Driver”; amending s. 322.19, F.S.; requiring a person
42 who has become a citizen of the United States to
43 obtain specified replacement documents within a
44 certain time; amending s. 395.3027, F.S.; revising
45 reporting requirements related to patient immigration
46 status; amending s. 448.09, F.S.; conforming
47 provisions to changes made by the act; amending s.
48 448.095, F.S.; revising the entities responsible for
49 enforcing provisions relating to employment
50 eligibility; revising the trust fund into which
51 certain funds are deposited; amending s. 480.0535,
52 F.S.; expanding the parties required to receive a
53 certain notice related to massage establishments;
54 amending s. 775.0848, F.S.; expanding the
55 classification of crimes that may be reclassified in
56 certain circumstances; amending s. 895.02, F.S.;
57 revising the definition of the term “racketeering
58 activity”; amending s. 903.046; expanding the criteria
59 the court must consider when making bail
60 determinations; amending s. 907.041, F.S.; expanding
61 circumstances a pretrial release service must certify
62 to the court; expanding the information required to be
63 reported to a state attorney after an arrest; amending
64 s. 908.101, F.S.; providing additional legislative
65 findings; amending s. 908.102, F.S.; defining the
66 terms “chief immigration officer” and “office”;
67 creating s. 908.1031, F.S.; creating the Office of
68 State Immigration Enforcement within the Division of
69 Law Enforcement under the Department of Agriculture
70 and Consumer Services for specified purposes;
71 requiring the office to employ certain personnel;
72 providing powers, duties, and qualifications for such
73 personnel; providing certain authority and powers of
74 such personnel; providing reporting requirements;
75 providing that the office serves a specified purpose;
76 authorizing the office to adopt rules; amending s.
77 908.104, F.S.; requiring specified parties to provide
78 certain information to a federal immigration agency;
79 expanding the criteria for receiving a certain
80 exemption; revising applicability; creating s.
81 908.1041, F.S.; requiring cooperation and coordination
82 between specified entities in the enforcement of
83 immigration laws; requiring the approval of the state
84 immigration officer for certain actions related to
85 agreements or contracts; creating s. 908.1042, F.S.;
86 creating the State Immigration Enforcement Council;
87 providing the purpose, membership, compensation,
88 staff, meetings, and duties of the council;
89 authorizing the Office of State Immigration
90 Enforcement to adopt rules; amending s. 908.105, F.S.;
91 providing requirements for law enforcement agencies
92 that have custody of specified persons; amending s.
93 908.107, F.S.; authorizing the chief immigration
94 officer to present certain evidence to the Governor
95 and make certain recommendations and to file suit
96 against certain entities and agencies for a specified
97 purpose; amending s. 908.11, F.S.; revising the
98 entities required to enter into certain agreements
99 with the United States Immigration and Customs
100 Enforcement; requiring that entities that do not enter
101 into such agreements by a specified date take certain
102 actions; creating s. 908.13, F.S.; providing
103 construction; authorizing the chief immigration
104 officer to issue a state of emergency in specified
105 circumstances; authorizing the issuance, amendment,
106 and renewal of certain orders, proclamations, and
107 rules that meet certain conditions; requiring
108 emergency orders to be disseminated in a specified
109 manner; requiring such orders be filed with specified
110 parties; providing an exception; authorizing the
111 Legislature to take certain actions relating to a
112 state of emergency declared by the chief immigration
113 officer; requiring the chief immigration officer to
114 issue a certain order in specified circumstances;
115 requiring certain declarations and orders be filed in
116 a specified manner with the Division of Administrative
117 Hearings; requiring the division to make all such
118 declarations and orders available in a searchable
119 format; requiring a certain link be placed on the
120 Department of Agriculture and Consumer Services
121 website; requiring the chief immigration officer take
122 certain actions during a specified state of emergency;
123 authorizing the chief immigration officer to request
124 certain assistance during specified states of
125 emergency; amending s. 921.0022, F.S.; ranking
126 offenses created by the act on the offense severity
127 ranking chart of the Criminal Punishment Code;
128 amending s. 943.03, F.S.; requiring the Department of
129 Law Enforcement to coordinate with the chief
130 immigration officer for a certain purpose; amending s.
131 943.03101, F.S.; conforming provisions to changes made
132 by the act; amending s. 943.0311, F.S.; requiring the
133 Chief of Domestic Security to coordinate with the
134 chief immigration officer for a certain purpose;
135 amending ss. 943.0312 and 943.0313, F.S.; conforming
136 provisions to changes made by the act; amending s.
137 1009.26, F.S.; revising eligibility for certain fee
138 waivers; requiring students receiving such a waiver be
139 revaluated for eligibility beginning on a certain
140 date; requiring certain agreements and contracts to
141 replace one party with a specified entity; requiring
142 the transfer of certain rules; authorizing the Office
143 of State Immigration Enforcement to adopt emergency
144 rules; providing requirements for such rules;
145 providing legislative findings; requiring the
146 Department of Military Affairs and local law
147 enforcement to work with the Office of State
148 Immigration Enforcement for a specified purpose;
149 amending ch. 2023-3, Laws of Florida; conforming
150 provisions to changes made by the act; requiring the
151 Division of Law Enforcement to evaluate a specified
152 program and make recommendations by a certain date;
153 prohibiting the renewal or issuance of certain
154 executive orders; providing appropriations;
155 authorizing the establishment of certain positions;
156 requiring the reversion of the unexpended balance of
157 certain funds; providing for immediate release of
158 specified funds; providing effective dates.
159
160 WHEREAS, the United States has long welcomed immigrants to
161 this country, and
162 WHEREAS, federal law provides many pathways for immigrants
163 to become permanent lawful residents and citizens of the United
164 States and to enter the country temporarily for work, education,
165 and tourism, and
166 WHEREAS, the state welcomes lawful immigrants who love
167 freedom, recognize the equality and intrinsic value and worth of
168 all individuals, wish to follow the law, and who seek to
169 contribute to our state’s peace, security, cultural vibrancy,
170 and prosperity, and
171 WHEREAS, the previous federal administration substantially
172 ignored its duties under federal law to deter and prevent
173 illegal immigration and remove illegal immigrants, and
174 WHEREAS, representatives of the previous federal
175 administration repeatedly claimed the “border is secure,”
176 despite the fact that millions of immigrants entered the United
177 States illegally, outside of designated border crossings, and
178 WHEREAS, illegal immigrants caught crossing the southwest
179 border illegally included dangerous criminals on the terrorist
180 watch list, some of whom were released into the United States by
181 the previous federal administration, and
182 WHEREAS, the open border policies of the previous federal
183 administration have allowed drug cartels to smuggle massive
184 amounts of illegal drugs, including fentanyl, across the border
185 and into American communities, causing loss of American lives
186 and dangerous, deadly situations for first responders, and
187 WHEREAS, SM 1020 (2024) urged the federal government to
188 designate drug cartels as foreign terrorist organizations, and
189 WHEREAS, President Trump, in his executive order
190 Designating Cartels and Other Organizations as Foreign Terrorist
191 Organizations and Specially Designated Global Terrorists,
192 implemented a policy to ensure the total elimination of these
193 organizations’ presence in the United States and their ability
194 to threaten the territory, safety, and security of our country,
195 and
196 WHEREAS, instead of deterring and preventing illegal
197 immigration, the previous federal administration and sanctuary
198 jurisdictions invited, administered, and oversaw an
199 unprecedented flood of illegal immigration into the United
200 States, encouraging people to illegally cross the border,
201 putting themselves in danger as well as allowing dangerous
202 individuals to enter and commit crimes across the country at a
203 high cost to the American people, and
204 WHEREAS, the previous federal administration and sanctuary
205 jurisdictions, through their actions incentivizing illegal entry
206 into our county, caused great financial harm to the nation and
207 communities, and
208 WHEREAS, in response to the border crisis caused by the
209 previous federal administration, the Florida Legislature passed
210 enhanced state laws to combat illegal immigration, making
211 Florida a national leader in fighting illegal immigration, and
212 WHEREAS, SB 168 (2019) prohibited a state entity, local
213 governmental entity, or law enforcement agency from having a
214 sanctuary policy, and
215 WHEREAS, SB 168 (2019) required a county correctional
216 facility to enter into an agreement with a federal immigration
217 agency for the payment of costs associated with housing and
218 detaining defendants, and
219 WHEREAS, SB 1718 (2023) helped to protect citizens from the
220 financial costs of illegal immigration, competition in the labor
221 force from illegal immigrants who drive down wages for citizens,
222 and security risks created by some illegal immigrants and gangs
223 of criminal illegal immigrants, and
224 WHEREAS, SB 1718 (2023) increased criminal penalties for
225 human-smuggling of children and persons the offender knew to
226 have unlawfully entered the United States, and
227 WHEREAS, SB 1718 (2023) required widespread use of E-Verify
228 to deny employment to illegal immigrants who are not authorized
229 to work in this country, and
230 WHEREAS, SB 1718 (2023) increased penalties for using false
231 identification documents to obtain employment, and
232 WHEREAS, SB 1718 (2023) declared as invalid driver licenses
233 issued by other states that did not require proof of lawful
234 presence in the United States, and
235 WHEREAS, SB 1718 (2023) required persons in the custody of
236 a law enforcement agency and subject to an immigration detainer
237 to submit a DNA sample, and
238 WHEREAS, SB 1718 (2023) required the reporting of data to
239 aid in the estimation of the cost of health care provided to
240 illegal immigrants, and
241 WHEREAS, HB 1589 (2024) increased the criminal penalties
242 for repeated offenses of driving without a valid driver license,
243 and
244 WHEREAS, SB 1036 (2024) increased criminal penalties when
245 people convicted of illegal reentry commit a felony or commit a
246 crime that furthers the interests of a transnational crime
247 organization, and
248 WHEREAS, HB 1451 (2024) and SB 1718 (2023) prohibited
249 counties and municipalities from funding and accepting
250 identification cards knowingly issued by organizations to
251 individuals not lawfully present in the United States, and
252 WHEREAS, uninsured drivers increase the cost of auto
253 insurance and a national survey indicated half of adult illegal
254 immigrants drive without auto insurance, and
255 WHEREAS, the Department of Corrections estimated the cost
256 to house 4,653 illegal immigrant inmates in 2023 exceeded $143
257 million, and
258 WHEREAS, according to the Department of Education, for the
259 2022-2023 school year, there were 152,437 immigrant children
260 enrolled in the public schools at a cost of approximately $8,000
261 per student, and
262 WHEREAS, President Trump, within his first hours of office,
263 issued several executive orders to protect American citizens and
264 interests and secure the nation’s borders, and
265 WHEREAS, the President of the United States has the
266 authority under the Immigration and Nationality Act, as well as
267 inherent authority under Article II of the Constitution, to
268 prevent the physical entry of illegal aliens into the United
269 States across the southern border, and
270 WHEREAS, President Trump declared the existence of a
271 national emergency at the southern border of the United States
272 and has declared his intent to take every lawful action at his
273 disposal to address the crisis and take back control from the
274 previous federal administration’s abdication of its
275 responsibility to enforce the border, and
276 WHEREAS, President Trump stated the policy of the United
277 States is to secure the borders, and ordered the border be
278 secured through various means, including federal-state
279 partnerships with local law enforcement agencies to enforce
280 federal immigration priorities, detaining and removing aliens
281 apprehended for violations of immigration law, and ending the
282 “catch-and-release” practices of previous administrations, and
283 WHEREAS, President Trump declared the new national
284 direction for federal agencies to take all appropriate action to
285 protect the public safety and national security interests of the
286 American people by ensuring the successful enforcement of
287 federal laws, including order of removal and stopping illegal
288 entry, and
289 WHEREAS, President Trump has indicated his guarantee the
290 federal government will take all appropriate steps to protect
291 the American public against the invasion of unknown persons
292 attempting to illegally enter the United States, and
293 WHEREAS, President Trump has ordered the federal laws
294 related to the process of entry of migrants to be enforced,
295 instead of ignored or side-stepped as in the previous
296 administration, and such vigilant security and stringent
297 verification will protect Americans and identify criminals or
298 those intending harm before they ever are admitted or enter the
299 United States, and
300 WHEREAS, on January 21, 2025, the new acting commandant of
301 the United States Coast Guard directed operational commanders to
302 immediately surge assets, including cutters, aircraft, boats,
303 and specialized forces, to areas around this state to prevent a
304 maritime mass migration from Haiti or Cuba and to detect and
305 deter drug smuggling, and
306 WHEREAS, President Trump has suspended the U.S. Refugee
307 Admissions Program to provide relief to small cities and towns
308 which have seen significant influxes of migrants, and because
309 American communities lack the ability to absorb large numbers of
310 migrants, and in particular, refugees, in a manner that does not
311 compromise the availability of resources for Americans, that
312 protects American safety and security, and that ensures the
313 appropriate assimilation of refugees, and
314 WHEREAS, the numerous executive orders entered by President
315 Trump demonstrate the federal government will finally end
316 policies detrimental to lawful citizens and will enforce the
317 laws of this country to combat illegal immigration, protect
318 victims of crimes committed by illegal immigrants, reduce cost
319 burdens related to illegal aliens, including ending public
320 benefits, and protect our borders, and
321 WHEREAS, it is necessary to detail immigration enforcement
322 responsibilities in Florida law and to centralize those
323 responsibilities in an agency having authority in civil,
324 administrative, and criminal matters, and
325 WHEREAS, the Legislature finds it necessary to rigorously
326 implement both the letter and spirit of President Trump’s plan
327 to secure our border, protect our state and national
328 sovereignty, support Florida law enforcement, and affirm the
329 federal government’s responsibility over immigration, NOW,
330 THEREFORE,
331
332 Be It Enacted by the Legislature of the State of Florida:
333
334 Section 1. This act may be cited as the “Tackling and
335 Reforming Unlawful Migration Policy (TRUMP) Act”.
336 Section 2. Paragraph (d) is added to subsection (2) of
337 section 14.23, Florida Statutes, and subsection (3) of that
338 section is amended, to read:
339 14.23 State-Federal relations.—
340 (2) CREATION OF THE OFFICE OF STATE-FEDERAL RELATIONS.—
341 (d) The office does not serve as a liaison between the
342 state government and federal immigration agencies, as defined in
343 s. 908.102, regarding federal immigration laws and matters
344 directly related thereto. The Commissioner of Agriculture as the
345 chief immigration officer is the exclusive liaison between the
346 state government and federal immigration agencies regarding
347 federal immigration laws and matters directly related thereto.
348 The Commissioner of Agriculture, at his or her discretion, may
349 appoint an employee of the Department of Agriculture and
350 Consumer Services to work as an adjunct official to the office
351 for the purpose of facilitating coordination between the state
352 government and federal immigration agencies.
353 (3) COOPERATION.—For the purpose of centralizing the state
354 federal relations efforts of the state, state agencies and their
355 representatives shall cooperate and coordinate their state
356 federal efforts and activities with the office, except as
357 provided in paragraph (2)(d). State agencies which have
358 representatives headquartered in Washington, D.C., are
359 encouraged to station their representatives in the office.
360 Section 3. Section 19.55, Florida Statutes, is created to
361 read:
362 19.55 Commissioner of Agriculture as chief immigration
363 officer.—The Commissioner of Agriculture is the chief
364 immigration officer of the state and serves as the state’s
365 official liaison between state entities, local governmental
366 entities, and law enforcement agencies and the Federal
367 Government regarding the enforcement of federal immigration
368 laws. It is the responsibility of the chief immigration officer
369 to:
370 (1) Coordinate with and provide assistance to the Federal
371 Government in the enforcement of federal immigration laws and
372 other matters related to the enforcement of federal immigration
373 laws.
374 (2) Coordinate with and provide assistance to law
375 enforcement agencies, as defined in s. 908.102, in the
376 enforcement of federal immigration laws and other matters
377 related to the enforcement of such laws, and monitor local
378 government compliance with the requirements of chapter 908.
379 (3) Administer the Local Law Enforcement Immigration Grant
380 Program established in s. 19.56.
381 (4) Regularly coordinate random audits pursuant to s.
382 448.095 to ensure compliance and enforcement.
383 (5) Provide recommendations regarding measures that may be
384 implemented to improve cooperation and coordination with the
385 Federal Government in the enforcement of federal immigration
386 laws to the President of the Senate and the Speaker of the House
387 of Representatives.
388 (6) No later than March 15, 2025, report to the President
389 of the Senate and the Speaker of the House of Representatives
390 the number of vacant beds available in state correctional
391 institutions and facilities and county detention facilities that
392 can be sublet to the United States Immigration and Customs
393 Enforcement for use as detention beds. Operators of state
394 correctional institutions and facilities and county detention
395 facilities shall provide information requested by the chief
396 immigration officer no later than March 1, 2025.
397 (7) Serve as an “authorized state officer” under the Laken
398 Riley Act, S. 5, 119th Cong. (2025), for purposes of having
399 standing to bring an action against specified federal officials
400 to obtain injunctive relief on behalf of the state and its
401 residents.
402 Section 4. Section 19.56, Florida Statutes, is created to
403 read:
404 19.56 Local Law Enforcement Immigration Grant Program.—
405 (1) There is created in the Office of State Immigration
406 Enforcement within the Division of Law Enforcement under the
407 Department of Agriculture and Consumer Services the Local Law
408 Enforcement Immigration Grant Program to award grants to support
409 local law enforcement agencies, which include chief correctional
410 officers operating county detention facilities, in their
411 cooperation and coordination with federal immigration agencies,
412 as defined in s. 908.102, in the enforcement of federal
413 immigration laws.
414 (2) The office shall annually award any funds specifically
415 appropriated for the grant program to reimburse expenses,
416 including, but not limited to, subletting detention beds to the
417 United States Immigration and Customs Enforcement, equipment,
418 travel, lodging, and training programs to include certified
419 apprenticeship programs, related to supporting the enforcement
420 of federal immigration laws. The total amount of grants awarded
421 may not exceed funding appropriated for the grant program.
422 (3) The office must prescribe the procedure and application
423 for the program. Grants shall be awarded on a first-come, first
424 served basis based on the date the office received each
425 completed application. In order to efficiently and effectively
426 disburse the funds, the office shall not duplicate benefits and
427 grants may not be awarded to pay for any activity for which the
428 agency has received or expects to receive federal or other
429 funding.
430 (4) The office shall adopt rules to implement this section.
431 Section 5. Subsections (2) and (3) of section 20.14,
432 Florida Statutes, are amended to read:
433 20.14 Department of Agriculture and Consumer Services.
434 There is created a Department of Agriculture and Consumer
435 Services.
436 (2) The following units divisions of the Department of
437 Agriculture and Consumer Services are established:
438 (a) Division of Administration.
439 (b) Division of Agricultural Environmental Services.
440 (c) Division of Animal Industry.
441 (d) Division of Aquaculture.
442 (e) Division of Consumer Services.
443 (f) Division of Food Safety.
444 (g) Division of Florida Forest Service.
445 (h) Division of Fruit and Vegetables.
446 (i) Division of Law Enforcement.
447 1. Office of Agriculture Law Enforcement.
448 2. Office of State Immigration Enforcement.
449 (j)(i) Division of Licensing.
450 (k)(j) Division of Marketing and Development.
451 (l)(k) Division of Plant Industry.
452 (m)(l) Division of Food, Nutrition, and Wellness.
453 (3) Notwithstanding s. 20.04(7)(b) and (c), the department
454 may establish bureaus and offices may be established as deemed
455 necessary to promote efficient and effective operation of the
456 department, pursuant to s. 20.04.
457 Section 6. Section 104.155, Florida Statutes, is created to
458 read:
459 104.155 Unqualified noncitizen electors willfully voting;
460 prohibited defenses; aiding or soliciting noncitizen electors in
461 voting prohibited.—
462 (1) Any person who is not a qualified elector because he or
463 she is not a citizen of the United States and who willfully
464 votes in any election is guilty of a felony of the third degree,
465 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
466 A person’s ignorance of his or her citizenship status or a
467 person’s bona fide belief of his or her citizenship status
468 cannot be raised as a defense in a prosecution for a violation
469 of this subsection.
470 (2) Any person who aids or solicits another to violate
471 subsection (1) with knowledge that such person is not a citizen
472 of the United States is guilty of a felony of the third degree,
473 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
474 Section 7. Paragraph (a) of subsection (6) of section
475 252.36, Florida Statutes, is amended to read:
476 252.36 Emergency management powers of the Governor.—
477 (6) In addition to any other powers conferred upon the
478 Governor by law, she or he may:
479 (a) Suspend the provisions of any regulatory statute
480 prescribing the procedures for conduct of state business or the
481 orders or rules of any state agency, if strict compliance with
482 the provisions of any such statute, order, or rule would in any
483 way prevent, hinder, or delay necessary action in coping with
484 the emergency. However, nothing in this paragraph may be used to
485 suspend any provision in s. 19.55 or s. 19.56 or in chapter 908.
486 Section 8. Subsection (6) of section 288.061, Florida
487 Statutes, is amended to read:
488 288.061 Economic development incentive application
489 process.—
490 (6) The Secretary of Commerce may not approve an economic
491 development incentive application unless the application
492 includes proof to the department that the applicant business is
493 registered with and uses the E-Verify system, as defined in s.
494 448.095, to verify the work authorization status of all newly
495 hired employees. If the department is notified by the Office of
496 State Immigration Enforcement within the Department of
497 Agriculture and Consumer Services determines that an awardee is
498 not complying with this subsection, the department must notify
499 the awardee by certified mail of the office’s department’s
500 determination of noncompliance and the awardee’s right to appeal
501 the determination. Upon a final determination of noncompliance,
502 the awardee must repay all moneys received as an economic
503 development incentive to the department within 30 days after the
504 final determination.
505 Section 9. Subsection (13) is added to section 319.001,
506 Florida Statutes, to read:
507 319.001 Definitions.—As used in this chapter, the term:
508 (13) “Valid passport” means:
509 (a) An unexpired passport or passport card issued by the
510 United States government; or
511 (b) An unexpired passport issued by the government of
512 another country with:
513 1. A stamp or mark affixed by the United States Department
514 of Homeland Security onto the passport to evidence and authorize
515 lawful presence in the United States; or
516 2. An unexpired I-94, or current permanent resident card,
517 or unexpired immigrant visa, issued by the United States
518 Department of Homeland Security.
519 Section 10. Subsection (46) is added to section 320.01,
520 Florida Statutes, to read:
521 320.01 Definitions, general.—As used in the Florida
522 Statutes, except as otherwise provided, the term:
523 (46) “Valid passport” means:
524 (a) An unexpired passport or passport card issued by the
525 United States government; or
526 (b) An unexpired passport issued by the government of
527 another country with:
528 1. A stamp or mark affixed by the United States Department
529 of Homeland Security onto the passport to evidence and authorize
530 lawful presence in the United States; or
531 2. An unexpired I-94, or current permanent resident card,
532 or unexpired immigrant visa, issued by the United States
533 Department of Homeland Security.
534 Section 11. Paragraph (c) of subsection (2) of section
535 322.08, Florida Statutes, is amended to read:
536 322.08 Application for license; requirements for license
537 and identification card forms.—
538 (2) Each such application shall include the following
539 information regarding the applicant:
540 (c) Proof of identity satisfactory to the department. Such
541 proof must include one of the following documents issued to the
542 applicant:
543 1. A driver license record or identification card record
544 from another jurisdiction that required the applicant to submit
545 a document for identification which is substantially similar to
546 a document required under subparagraph 2., subparagraph 3.,
547 subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
548 7., or subparagraph 8.;
549 2. A certified copy of a United States birth certificate;
550 3. A valid, unexpired United States passport or passport
551 card;
552 4. A naturalization certificate issued by the United States
553 Department of Homeland Security;
554 5. A valid, unexpired alien registration receipt card
555 (green card);
556 6. A Consular Report of Birth Abroad provided by the United
557 States Department of State;
558 7. An unexpired employment authorization card issued by the
559 United States Department of Homeland Security; or
560 8. Proof of nonimmigrant classification provided by the
561 United States Department of Homeland Security, for an original
562 driver license. In order to prove nonimmigrant classification,
563 an applicant must provide at least one of the following
564 documents. In addition, the department may require applicants to
565 produce United States Department of Homeland Security documents
566 for the sole purpose of establishing the maintenance of, or
567 efforts to maintain, continuous lawful presence:
568 a. A notice of hearing from an immigration court scheduling
569 a hearing on any proceeding.
570 b. A notice from the Board of Immigration Appeals
571 acknowledging pendency of an appeal.
572 c. A notice of the approval of an application for
573 adjustment of status issued by the United States Citizenship and
574 Immigration Services.
575 d. An official documentation confirming the filing of a
576 petition for asylum or refugee status or any other relief issued
577 by the United States Citizenship and Immigration Services.
578 e. A notice of action transferring any pending matter from
579 another jurisdiction to this state issued by the United States
580 Citizenship and Immigration Services.
581 f. An order of an immigration judge or immigration officer
582 granting relief that authorizes the alien to live and work in
583 the United States, including, but not limited to, asylum.
584 g. Evidence that an application is pending for adjustment
585 of status to that of an alien lawfully admitted for permanent
586 residence in the United States or conditional permanent resident
587 status in the United States, if a visa number is available
588 having a current priority date for processing by the United
589 States Citizenship and Immigration Services.
590 h. On or after January 1, 2010, An unexpired foreign
591 passport issued by the government of another country with:
592 (I) A stamp or mark affixed by the United States Department
593 of Homeland Security onto the passport to evidence and authorize
594 lawful presence in the United States; or
595 (II) An unexpired United States Visa affixed, accompanied
596 by an approved I-94, or current permanent resident card, or
597 unexpired immigrant visa, issued by the United States Department
598 of Homeland Security documenting the most recent admittance into
599 the United States.
600
601 A driver license or temporary permit issued based on documents
602 required in subparagraph 7. or subparagraph 8. is valid for a
603 period not to exceed the expiration date of the document
604 presented or 1 year.
605 Section 12. Paragraph (e) of subsection (2) of section
606 322.121, Florida Statutes, is amended to read:
607 322.121 Periodic reexamination of all drivers.—
608 (2) For each licensee whose driving record does not show
609 any revocations, disqualifications, or suspensions for the
610 preceding 7 years or any convictions for the preceding 3 years
611 except for convictions of the following nonmoving violations:
612 (e) Failure to notify the department of a change of
613 address, or name, or United States citizenship status within 30
614 10 days pursuant to s. 322.19,
615
616 the department shall cause such licensee’s license to be
617 prominently marked with the notation “Safe Driver.”
618 Section 13. Section 322.19, Florida Statutes, is amended to
619 read:
620 322.19 Change of address, or name, or citizenship status.—
621 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
622 944.607, and 985.4815, whenever any person, after applying for
623 or receiving a driver license or identification card, changes
624 his or her legal name, that person must within 30 days
625 thereafter obtain a replacement license or card that reflects
626 the change.
627 (2) If a person, after applying for or receiving a driver
628 license or identification card, changes the legal residence or
629 mailing address in the application, license, or card, the person
630 must, within 30 calendar days after making the change, obtain a
631 replacement license or card that reflects the change. A written
632 request to the department must include the old and new addresses
633 and the driver license or identification card number. Any person
634 who has a valid, current student identification card issued by
635 an educational institution in this state is presumed not to have
636 changed his or her legal residence or mailing address. This
637 subsection does not affect any person required to register a
638 permanent or temporary address change pursuant to s. 775.13, s.
639 775.21, s. 775.25, or s. 943.0435.
640 (3) If a person, after applying for or receiving a driver
641 license or identification card, becomes a citizen of the United
642 States, such person must, within 30 calendar days after making
643 the change, obtain a replacement license or card that reflects
644 such change.
645 (4)(3) A violation of this section is a nonmoving violation
646 with a penalty as provided in s. 318.18(2).
647 (5)(4) Notwithstanding any other provision of this chapter,
648 if a licensee established his or her identity for a driver
649 license using an identification document authorized under s.
650 322.08(2)(c)7. or 8., the licensee may not change his or her
651 name or address except in person and upon submission of an
652 identification document authorized under s. 322.08(2)(c)7. or 8.
653 Section 14. Subsection (3) of section 395.3027, Florida
654 Statutes, is amended to read:
655 395.3027 Patient immigration status data collection.—
656 (3) By March 1 of each year, the agency shall submit a
657 report to the Governor, the chief immigration officer within the
658 Department of Agriculture and Consumer Services, the President
659 of the Senate, and the Speaker of the House of Representatives.
660 The report shall consist of a consolidation of the quarterly
661 reports of the prior calendar year and an executive summary of
662 the data which includes the total number of hospital admissions
663 and emergency department visits for the previous calendar year
664 for which the patient or patient’s representative reported that
665 the patient was a citizen of the United States or lawfully
666 present in the United States, was not lawfully present in the
667 United States, or declined to answer. The report must also
668 describe information relating to the costs of uncompensated care
669 for aliens who are not lawfully present in the United States,
670 the impact of uncompensated care on the cost or ability of
671 hospitals to provide services to the public, hospital funding
672 needs, and other related information.
673 Section 15. Subsections (2), (3), and (4) of section
674 448.09, Florida Statutes, are amended to read:
675 448.09 Unauthorized aliens; employment prohibited.—
676 (2) If the Office of State Immigration Enforcement within
677 the Department of Agriculture and Consumer Services Commerce
678 finds or is notified by an entity specified in s. 448.095(3)(a)
679 that an employer has knowingly employed an unauthorized alien
680 without verifying the employment eligibility of such person, the
681 office department must notify the Department of Commerce, which
682 must enter an order pursuant to chapter 120 making such
683 determination and require repayment of any economic development
684 incentive pursuant to s. 288.061(6).
685 (3) For a violation of this section, the Office of State
686 Immigration Enforcement department shall place the employer on
687 probation for a 1-year period and require that the employer
688 report quarterly to the office department to demonstrate
689 compliance with the requirements of subsection (1) and s.
690 448.095.
691 (4) Any violation of this section which takes place within
692 24 months after a previous violation constitutes grounds for the
693 suspension or revocation of all licenses issued by a licensing
694 agency subject to chapter 120. The Office of State Immigration
695 Enforcement department shall take the following actions for a
696 violation involving:
697 (a) One to ten unauthorized aliens, suspension of all
698 applicable licenses held by a private employer for up to 30 days
699 by the respective agencies that issued them.
700 (b) Eleven to fifty unauthorized aliens, suspension of all
701 applicable licenses held by a private employer for up to 60 days
702 by the respective agencies that issued them.
703 (c) More than fifty unauthorized aliens, revocation of all
704 applicable licenses held by a private employer by the respective
705 agencies that issued them.
706 Section 16. Paragraph (a) of subsection (3) and subsection
707 (6) of section 448.095, Florida Statutes, are amended to read:
708 448.095 Employment eligibility.—
709 (3) ENFORCEMENT.—
710 (a) For the purpose of enforcement of this section, any of
711 the following persons or entities may request, and an employer
712 must provide, copies of any documentation relied upon by the
713 employer for the verification of a new employee’s employment
714 eligibility:
715 1. The Office of State Immigration Enforcement within the
716 Department of Agriculture and Consumer Services Law Enforcement;
717 2. The Attorney General;
718 3. The state attorney in the circuit in which the new
719 employee works; or
720 4. The statewide prosecutor; or
721 5. The Department of Commerce.
722 (6) COMPLIANCE.—
723 (a) In addition to the requirements under s. 288.061(6),
724 beginning on July 1, 2024, If the Office of State Immigration
725 Enforcement Department of Commerce determines that an employer
726 failed to use the E-Verify system to verify the employment
727 eligibility of employees as required under this section, the
728 office department must notify the employer of the office’s
729 department’s determination of noncompliance and provide the
730 employer with 30 days to cure the noncompliance. The office must
731 also provide notice to the Department of Commerce, which shall
732 take action pursuant to s. 288.061(6).
733 (b) If the Office of State Immigration Enforcement
734 Department of Commerce determines that an employer failed to use
735 the E-Verify system as required under this section three times
736 in any 24-month period, the office department must impose a fine
737 of $1,000 per day until the employer provides sufficient proof
738 to the office department that the noncompliance is cured.
739 Noncompliance constitutes grounds for the suspension of all
740 licenses issued by a licensing agency subject to chapter 120
741 until the noncompliance is cured.
742 (c) Fines collected under this subsection must be deposited
743 into the General Inspection State Economic Enhancement and
744 Development Trust Fund for use by the Office of State
745 Immigration Enforcement department for employer outreach and
746 public notice of the state’s employment verification laws.
747 Section 17. Subsection (4) of section 480.0535, Florida
748 Statutes, is amended to read:
749 480.0535 Documents required while working in a massage
750 establishment; penalties; reporting.—
751 (4) The department shall notify a federal immigration
752 office and the chief immigration officer within the Department
753 of Agriculture and Consumer Services if a person operating a
754 massage establishment, an employee, or any person performing
755 massage therapy in a massage establishment fails to provide
756 valid government identification as required under this section.
757 Section 18. Section 775.0848, Florida Statutes, is amended
758 to read:
759 775.0848 Commission of a misdemeanor or felony after
760 unlawful reentry into the United States; reclassification.—A
761 person who has been previously convicted of a crime relating to
762 the reentry of removed aliens under 8 U.S.C. s. 1326 shall have
763 the penalty for committing a misdemeanor or felony committed
764 after such conviction reclassified in the following manner:
765 (1) A misdemeanor of the second degree is reclassified to a
766 misdemeanor of the first degree.
767 (2) A misdemeanor of the first degree is reclassified to a
768 felony of the third degree.
769 (3)(1) A felony of the third degree is reclassified to a
770 felony of the second degree.
771 (4)(2) A felony of the second degree is reclassified to a
772 felony of the first degree.
773 (5)(3) A felony of the first degree is reclassified to a
774 life felony.
775 Section 19. Subsection (8) of section 895.02, Florida
776 Statutes, is amended to read:
777 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
778 (8) “Racketeering activity” means to commit, to attempt to
779 commit, to conspire to commit, or to solicit, coerce, or
780 intimidate another person to commit:
781 (a) Any crime that is chargeable by petition, indictment,
782 or information under the following provisions of the Florida
783 Statutes:
784 1. Section 104.155(2), relating to aiding or soliciting a
785 noncitizen in voting.
786 2.1. Section 210.18, relating to evasion of payment of
787 cigarette taxes.
788 3.2. Section 316.1935, relating to fleeing or attempting to
789 elude a law enforcement officer and aggravated fleeing or
790 eluding.
791 4.3. Chapter 379, relating to the illegal sale, purchase,
792 collection, harvest, capture, or possession of wild animal life,
793 freshwater aquatic life, or marine life, and related crimes.
794 5.4. Section 403.727(3)(b), relating to environmental
795 control.
796 6.5. Section 409.920 or s. 409.9201, relating to Medicaid
797 fraud.
798 7.6. Section 414.39, relating to public assistance fraud.
799 8.7. Section 440.105 or s. 440.106, relating to workers’
800 compensation.
801 9.8. Section 443.071(4), relating to creation of a
802 fictitious employer scheme to commit reemployment assistance
803 fraud.
804 10.9. Section 465.0161, relating to distribution of
805 medicinal drugs without a permit as an Internet pharmacy.
806 11.10. Section 499.0051, relating to crimes involving
807 contraband, adulterated, or misbranded drugs.
808 12.11. Part IV of chapter 501, relating to telemarketing.
809 13.12. Chapter 517, relating to sale of securities and
810 investor protection.
811 14.13. Section 550.235 or s. 550.3551, relating to
812 dogracing and horseracing.
813 15.14. Chapter 550, relating to jai alai frontons.
814 16.15. Section 551.109, relating to slot machine gaming.
815 17.16. Chapter 552, relating to the manufacture,
816 distribution, and use of explosives.
817 18.17. Chapter 560, relating to money transmitters, if the
818 violation is punishable as a felony.
819 19.18. Chapter 562, relating to beverage law enforcement.
820 20.19. Section 624.401, relating to transacting insurance
821 without a certificate of authority, s. 624.437(4)(c)1., relating
822 to operating an unauthorized multiple-employer welfare
823 arrangement, or s. 626.902(1)(b), relating to representing or
824 aiding an unauthorized insurer.
825 21.20. Section 655.50, relating to reports of currency
826 transactions, when such violation is punishable as a felony.
827 22.21. Chapter 687, relating to interest and usurious
828 practices.
829 23.22. Section 721.08, s. 721.09, or s. 721.13, relating to
830 real estate timeshare plans.
831 24.23. Section 775.13(5)(b), relating to registration of
832 persons found to have committed any offense for the purpose of
833 benefiting, promoting, or furthering the interests of a criminal
834 gang.
835 25.24. Section 777.03, relating to commission of crimes by
836 accessories after the fact.
837 26.25. Chapter 782, relating to homicide.
838 27.26. Chapter 784, relating to assault and battery.
839 28.27. Chapter 787, relating to kidnapping, human
840 smuggling, or human trafficking.
841 29.28. Chapter 790, relating to weapons and firearms.
842 30.29. Chapter 794, relating to sexual battery, but only if
843 such crime was committed with the intent to benefit, promote, or
844 further the interests of a criminal gang, or for the purpose of
845 increasing a criminal gang member’s own standing or position
846 within a criminal gang.
847 31.30. Former s. 796.03, former s. 796.035, s. 796.04, s.
848 796.05, or s. 796.07, relating to prostitution.
849 32.31. Chapter 806, relating to arson and criminal
850 mischief.
851 33.32. Chapter 810, relating to burglary and trespass.
852 34.33. Chapter 812, relating to theft, robbery, and related
853 crimes.
854 35.34. Chapter 815, relating to computer-related crimes.
855 36.35. Chapter 817, relating to fraudulent practices, false
856 pretenses, fraud generally, credit card crimes, and patient
857 brokering.
858 37.36. Chapter 825, relating to abuse, neglect, or
859 exploitation of an elderly person or disabled adult.
860 38.37. Section 827.071, relating to commercial sexual
861 exploitation of children.
862 39.38. Section 828.122, relating to fighting or baiting
863 animals.
864 40.39. Chapter 831, relating to forgery and counterfeiting.
865 41.40. Chapter 832, relating to issuance of worthless
866 checks and drafts.
867 42.41. Section 836.05, relating to extortion.
868 43.42. Chapter 837, relating to perjury.
869 44.43. Chapter 838, relating to bribery and misuse of
870 public office.
871 45.44. Chapter 843, relating to obstruction of justice.
872 46.45. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
873 or s. 847.07, relating to obscene literature and profanity.
874 47.46. Chapter 849, relating to gambling, lottery, gambling
875 or gaming devices, slot machines, or any of the provisions
876 within that chapter.
877 48.47. Chapter 874, relating to criminal gangs.
878 49.48. Chapter 893, relating to drug abuse prevention and
879 control.
880 50.49. Chapter 896, relating to offenses related to
881 financial transactions.
882 51.50. Sections 914.22 and 914.23, relating to tampering
883 with or harassing a witness, victim, or informant, and
884 retaliation against a witness, victim, or informant.
885 52.51. Sections 918.12 and 918.13, relating to tampering
886 with jurors and evidence.
887 Section 20. Paragraph (c) of subsection (2) of section
888 903.046, Florida Statutes, is amended to read:
889 903.046 Purpose of and criteria for bail determination.—
890 (2) When determining whether to release a defendant on bail
891 or other conditions, and what that bail or those conditions may
892 be, the court shall consider:
893 (c) The defendant’s family ties, length of residence in the
894 community, employment history, financial resources, and mental
895 condition, and immigration status.
896 Section 21. Paragraph (b) of subsection (3) and paragraph
897 (e) of subsection (5) of section 907.041, Florida Statutes, are
898 amended to read:
899 907.041 Pretrial detention and release.—
900 (3) RELEASE ON NONMONETARY CONDITIONS.—
901 (b) No person shall be released on nonmonetary conditions
902 under the supervision of a pretrial release service, unless the
903 service certifies to the court that it has investigated or
904 otherwise verified:
905 1. The circumstances of the accused’s family, employment,
906 financial resources, character, mental condition, immigration
907 status, and length of residence in the community;
908 2. The accused’s record of convictions, of appearances at
909 court proceedings, of flight to avoid prosecution, or of failure
910 to appear at court proceedings; and
911 3. Other facts necessary to assist the court in its
912 determination of the indigency of the accused and whether she or
913 he should be released under the supervision of the service.
914 (5) PRETRIAL DETENTION.—
915 (e) When a person charged with a crime for which pretrial
916 detention could be ordered is arrested, the arresting agency
917 shall promptly notify the state attorney of the arrest and shall
918 provide the state attorney with such information as the
919 arresting agency has obtained relative to:
920 1. The nature and circumstances of the offense charged;
921 2. The nature of any physical evidence seized and the
922 contents of any statements obtained from the defendant or any
923 witness;
924 3. The defendant’s family ties, residence, employment,
925 financial condition, and mental condition, and immigration
926 status; and
927 4. The defendant’s past conduct and present conduct,
928 including any record of convictions, previous flight to avoid
929 prosecution, or failure to appear at court proceedings.
930 Section 22. Section 908.101, Florida Statutes, is amended
931 to read:
932 908.101 Legislative findings and intent.—
933 (1) The Legislature finds that it is an important state
934 interest to cooperate and assist the Federal Government in the
935 enforcement of federal immigration laws within this state.
936 (2) The Legislature further finds that designating a single
937 state officer, the Commissioner of Agriculture, as the chief
938 immigration officer is essential to facilitating coordination,
939 assistance, and communication between the Federal Government,
940 state entities, local governmental entities, and law enforcement
941 agencies regarding the enforcement of federal immigration laws.
942 Section 23. Subsections (1) through (5) and subsections (6)
943 and (7) of section 908.102, Florida Statutes, are renumbered as
944 subsections (2) through (6) and subsections (8) and (9),
945 respectively, and new subsections (1) and (7) are added to that
946 section to read:
947 908.102 Definitions.—As used in this chapter, the term:
948 (1) “Chief immigration officer” means the chief immigration
949 officer as described in s. 19.55.
950 (7) “Office” means the Office of State Immigration
951 Enforcement established within the Division of Law Enforcement
952 under the Department of Agriculture and Consumer Services.
953 Section 24. Section 908.1031, Florida Statutes, is created
954 to read:
955 908.1031 Office of State Immigration Enforcement; creation;
956 purpose and duties.—
957 (1) The Office of State Immigration Enforcement is
958 established within the Division of Law Enforcement under the
959 Department of Agriculture and Consumer Services. The purpose of
960 the office is to aid the Commissioner of Agriculture in the
961 commissioner’s role as the chief immigration officer of the
962 state by:
963 (a) Encouraging cooperation by state entities, local
964 governmental entities, and law enforcement agencies with the
965 Federal Government to support the enforcement of federal
966 immigration laws to the maximum extent permissible under federal
967 law across the State of Florida.
968 (b) Serving as the central point of coordination between
969 federal immigration agencies, state entities, local governmental
970 entities, and law enforcement agencies regarding the enforcement
971 of federal immigration laws.
972 (2) The office shall facilitate the collection and
973 dissemination of investigative and intelligence information to
974 the Federal Government.
975 (3) The office shall employ sworn law enforcement officers,
976 nonsworn investigators, and administrative personnel. Such
977 employees, when authorized by federal law, must aid local
978 governmental entities and law enforcement agencies in the
979 investigation and enforcement of federal immigration laws. The
980 positions and resources necessary for the office to accomplish
981 its duties shall be established through and subject to the
982 legislative appropriations process.
983 (4)(a) Each law enforcement officer shall meet the
984 qualifications of law enforcement officers under s. 943.13 and
985 shall be certified as a law enforcement officer by the
986 Department of Law Enforcement under the provisions of chapter
987 943. Upon certification, each law enforcement officer is subject
988 to and shall have the same arrest and other authority provided
989 for law enforcement officers generally in chapter 901 and shall
990 have statewide jurisdiction. Each officer shall also have arrest
991 authority as provided for state law enforcement officers in s.
992 901.15. Such officers have full law enforcement powers granted
993 to other peace officers of this state, including the authority
994 to make arrests, carry firearms, serve court process, and seize
995 contraband and the proceeds of illegal activities.
996 (b) All law enforcement officers of the office, upon
997 certification under s. 943.1395, shall have the same right and
998 authority to carry arms as do the sheriffs of this state.
999 (c) Each law enforcement officer in the state who is
1000 certified pursuant to chapter 943 has the same authority as law
1001 enforcement officers designated in this section to enforce the
1002 laws of this state as described in this chapter.
1003 (5) By December 15 of each year, the office shall submit a
1004 report to the Governor, the President of the Senate, and the
1005 Speaker of the House of Representatives. The report may contain
1006 recommendations to the Legislature to improve the state’s
1007 cooperation and coordination with the Federal Government in the
1008 enforcement of federal immigration laws within this state. The
1009 report must detail the level of cooperation and coordination
1010 between the following entities and federal immigration agencies:
1011 (a) State entities.
1012 (b) Local governmental entities.
1013 (c) Law enforcement agencies.
1014 (6) The office serves as a relevant state law enforcement
1015 agency for any applicable Federal Homeland Security Task Force
1016 established under President Trump’s Executive Order, Protecting
1017 the American People Against Invasion, issued on January 20,
1018 2025.
1019 (7) The office may adopt rules to implement this section.
1020 Section 25. Subsections (5) through (8) of section 908.104,
1021 Florida Statutes, are renumbered as subsections (6) through (9),
1022 respectively, present subsections (5), (6), and (8) are amended,
1023 and a new subsection (5) is added to that section, to read:
1024 908.104 Cooperation with federal immigration authorities.—
1025 (5) Upon request from a federal immigration agency, a
1026 sheriff or chief correctional officer operating a county
1027 detention facility must provide the requesting federal
1028 immigration agency a list of all inmates booked into a county
1029 detention facility and any information regarding each inmate’s
1030 immigration status.
1031 (6)(5) This section does not require a state entity, local
1032 governmental entity, or law enforcement agency to provide a
1033 federal immigration agency with information related to a victim
1034 of or a witness to a criminal offense if:
1035 (a) The victim or witness is necessary to the investigation
1036 or prosecution of a crime, and such crime occurred in the United
1037 States; and
1038 (b) The victim or witness timely and in good faith responds
1039 to the entity’s or agency’s request for information and
1040 cooperates cooperation in the investigation or prosecution of
1041 such the offense.
1042 (7)(6) A state entity, local governmental entity, or law
1043 enforcement agency that, pursuant to subsection (6) (5),
1044 withholds information regarding the immigration information of a
1045 victim of or witness to a criminal offense shall document the
1046 victim’s or witness’s cooperation in the entity’s or agency’s
1047 investigative records related to the offense and shall retain
1048 the records for at least 10 years for the purpose of audit,
1049 verification, or inspection by the Auditor General.
1050 (9)(8) This section does not apply to any alien unlawfully
1051 present in the United States if he or she is or has been a
1052 necessary witness or victim of a crime of domestic violence,
1053 rape, sexual exploitation, sexual assault, murder, manslaughter,
1054 assault, battery, human trafficking, kidnapping, false
1055 imprisonment, involuntary servitude, fraud in foreign labor
1056 contracting, blackmail, extortion, or witness tampering,
1057 provided that such crime was committed in the United States.
1058 Documentation, including, but not limited to, police reports,
1059 testimony, sworn statements, or a victim impact statement, must
1060 be relied upon to verify that the person was a necessary witness
1061 or victim to the crime.
1062 Section 26. Section 908.1041, Florida Statutes, is created
1063 to read:
1064 908.1041 Cooperation between public entities to enforce
1065 federal immigration laws.—
1066 (1) Every state, county, district, authority, or municipal
1067 officer, department, division, board, bureau, commission, or
1068 other separate unit of government and any other public or
1069 private agency, person, partnership, corporation, or business
1070 entity contracted with or otherwise acting on behalf of any
1071 public agency has a duty and an obligation to cooperate to the
1072 fullest extent possible with the Federal Government in the
1073 enforcement of federal immigration laws and the protection of
1074 the borders of the United States.
1075 (2) State entities and state law enforcement agencies must
1076 cooperate and coordinate with the office at its request
1077 concerning federal immigration laws or matters directly related
1078 thereto. Any communication with or coordination between a state
1079 entity and a federal immigration agency concerning such laws or
1080 matters must occur through the office. Any interagency
1081 agreement, memorandum of understanding, or contract, or any
1082 modification or amendment to such agreement, memorandum, or
1083 contract, concerning federal immigration laws or matters
1084 directly related thereto between a federal immigration agency
1085 and a state entity or state law enforcement agency must be
1086 approved by the chief immigration officer before execution.
1087 (3) If a local governmental entity or local law enforcement
1088 agency requests assistance regarding federal immigration laws
1089 from a state entity or state law enforcement agency, that local
1090 governmental entity or local law enforcement agency must
1091 coordinate the request through the office.
1092 Section 27. Section 908.1042, Florida Statutes, is created
1093 to read:
1094 908.1042 State Immigration Enforcement Council.—The State
1095 Immigration Enforcement Council is created within the office for
1096 the purpose of advising the chief immigration officer.
1097 (1) MEMBERSHIP.—The council at a minimum must be composed
1098 of seven sheriffs and four police chiefs appointed by the chief
1099 immigration officer, as well as the executive director of the
1100 Department of Law Enforcement. The chief immigration officer
1101 must appoint a sheriff to serve as chair of the council.
1102 (2) TERMS OF MEMBERSHIP; COMPENSATION; STAFF.—
1103 (a) Appointments to the council must be made by March 1,
1104 2025. Any vacancy shall be filled within 2 weeks after such a
1105 vacancy.
1106 (b) Membership of the council shall not disqualify a member
1107 from holding any other public office or being employed by a
1108 public entity except that no member of the Legislature shall
1109 serve on the council. The Legislature finds that the council
1110 serves a state, county, and municipal purpose and that service
1111 on the council is consistent with a member’s principal service
1112 in a public office or employment.
1113 (c) Members of the council shall serve without compensation
1114 but are entitled to reimbursement for per diem and travel
1115 expenses pursuant to s. 112.061.
1116 (d) The office shall provide the council with staff
1117 necessary to assist the council in the performance of its
1118 duties.
1119 (3) MEETINGS.—The council must meet quarterly. Additional
1120 meetings may be held at the discretion of the chair. A majority
1121 of members of the council constitute a quorum. Council meetings
1122 may be conducted by teleconference or other electronic means.
1123 (4) DUTIES OF COUNCIL.—The council shall:
1124 (a) Advise the chief immigration officer on the efforts of
1125 local law enforcement agencies related to the enforcement of
1126 federal immigration laws within the state.
1127 (b) Provide recommendations on the financial resources
1128 necessary to aid local law enforcement agencies in the
1129 cooperation and coordination with the Federal Government.
1130 (c) Provide recommendations to enhance information sharing
1131 between state entities, local governmental entities, law
1132 enforcement agencies, and the Federal Government in the
1133 enforcement of federal immigration laws within the state.
1134 (d) Provide recommendations of any resources necessary to
1135 facilitate the training of local law enforcement agencies in the
1136 cooperation and coordination with the Federal Government and the
1137 enforcement of federal immigration laws.
1138 (e) Provide recommendations on strategies to increase the
1139 number of available detention beds for use by the United States
1140 Immigration and Customs Enforcement.
1141 (f) Analyze the information collected in s. 908.1031(5) and
1142 make recommendations to the chief immigration officer.
1143 (5) RULEMAKING.—The office may adopt rules to implement
1144 this section.
1145 Section 28. Paragraph (c) subsection (1) of section
1146 908.105, Florida Statutes, is amended, and paragraph (d) is
1147 added to that subsection, to read:
1148 908.105 Duties related to immigration detainers.—
1149 (1) A law enforcement agency that has custody of a person
1150 subject to an immigration detainer issued by a federal
1151 immigration agency shall:
1152 (c) Upon determining that the immigration detainer is in
1153 accordance with s. 908.102(3) s. 908.102(2), comply with the
1154 requests made in the immigration detainer.
1155 (d) Notify the state attorney that the person is subject to
1156 an immigration detainer.
1157 Section 29. Subsections (1) and (2) of section 908.107,
1158 Florida Statutes, are amended to read:
1159 908.107 Enforcement.—
1160 (1)(a) Any executive or administrative state, county, or
1161 municipal officer who violates his or her duties under this
1162 chapter may be subject to action by the Governor in the exercise
1163 of his or her authority under the State Constitution and state
1164 law. Pursuant to s. 1(b), Art. IV of the State Constitution, the
1165 Governor may initiate judicial proceedings in the name of the
1166 state against such officers to enforce compliance with any duty
1167 under this chapter or restrain any unauthorized act contrary to
1168 this chapter.
1169 (b) The chief immigration officer may present evidence to
1170 the Governor that an executive or administrative state, county,
1171 or municipal officer has violated his or her duties under this
1172 chapter and recommend that the Governor take action using his or
1173 her authority under the State Constitution and state law.
1174 (2) In addition, the Attorney General or the chief
1175 immigration officer may file suit against a local governmental
1176 entity or local law enforcement agency in a court of competent
1177 jurisdiction for declaratory or injunctive relief for a
1178 violation of this chapter.
1179 Section 30. Section 908.11, Florida Statutes, is amended to
1180 read:
1181 908.11 Immigration enforcement assistance agreements;
1182 reporting requirement.—
1183 (1) The sheriff or the chief correctional officer By
1184 January 1, 2023, each law enforcement agency operating a county
1185 detention facility must enter into a written agreement with the
1186 United States Immigration and Customs Enforcement to participate
1187 in the immigration program established under s. 287(g) of the
1188 Immigration and Nationality Act, 8 U.S.C. s. 1357. This
1189 subsection does not require a sheriff or chief correctional
1190 officer operating a county detention facility law enforcement
1191 agency to participate in a particular program model.
1192 (2) Beginning no later than April 1, 2025 October 1, 2022,
1193 and until the sheriff or chief correctional officer operating a
1194 county detention facility law enforcement agency enters into the
1195 written agreement required under subsection (1), each sheriff or
1196 chief correctional officer law enforcement agency operating a
1197 county detention facility must notify the office Department of
1198 Law Enforcement quarterly of the status of such written
1199 agreement and any reason for noncompliance with this section, if
1200 applicable.
1201 Section 31. Section 908.13, Florida Statutes, is created to
1202 read:
1203 908.13 Emergency powers of the chief immigration officer.
1204 Notwithstanding the provisions of ss. 252.31-252.90, this
1205 section provides the sole authority to declare a state of
1206 emergency related to illegal immigration, illegal migration, or
1207 immigration enforcement to the chief immigration officer.
1208 (1) Within the powers conferred upon the chief immigration
1209 officer by law, the chief immigration officer may issue
1210 emergency orders, proclamations, and rules and may amend or
1211 rescind them. Such orders, proclamations, and rules have the
1212 force and effect of law. An emergency order, proclamation, or
1213 rule must be limited to a duration of not more than 60 days and
1214 may be renewed as necessary during the duration of the
1215 emergency. If renewed, such order, proclamation, or rule must
1216 specifically state the provisions being renewed.
1217 (2) An emergency order or proclamation must be promptly
1218 disseminated by means calculated to bring its contents to the
1219 attention of the general public, and unless the circumstances
1220 attendant upon the emergency prevent or impede such filing, the
1221 order or proclamation must be filed promptly with the Governor,
1222 the Department of State, the President of the Senate, the
1223 Speaker of the House of Representatives, and the offices of the
1224 county commissioners in the counties to which the order or
1225 proclamation applies.
1226 (3)(a) At any time, the Legislature, by concurrent
1227 resolution, may terminate a state of emergency or any specific
1228 order, proclamation, or rule thereunder. Upon such concurrent
1229 resolution, the chief immigration officer shall issue an
1230 emergency order or proclamation consistent with the concurrent
1231 resolution.
1232 (b) Notwithstanding s. 252.46(2), all emergency
1233 declarations and orders, regardless of how titled, issued under
1234 the authority of this section by the chief immigration officer
1235 before, during, or after a declared emergency must be
1236 immediately filed with the Division of Administrative Hearings.
1237 Failure to file any such declaration or order with the division
1238 within 5 days after issuance voids the declaration or order. The
1239 division shall index all such declarations and orders and make
1240 them available in a searchable format on its website within 3
1241 days after filing. The searchable format must include, but is
1242 not limited to, searches by term, referenced statutes, and rules
1243 and must include a search category that specifically identifies
1244 emergency orders in effect at any given time. A link to the
1245 division’s index must be placed in a conspicuous location on the
1246 Department of Agriculture and Consumer Services’ website.
1247 (4) During a declared state of emergency for illegal
1248 immigration, illegal migration, or immigration enforcement, the
1249 chief immigration officer shall coordinate with and advise state
1250 and local law enforcement agencies for the purpose of securing
1251 compliance with this chapter.
1252 (5) The chief immigration officer, when deemed necessary to
1253 respond to immigration-related emergencies, shall request
1254 assistance from the Governor for the activation and deployment
1255 of Florida National Guard personnel and equipment.
1256 Section 32. Paragraph (d) of subsection (3) of section
1257 921.0022, Florida Statutes, is amended to read:
1258 921.0022 Criminal Punishment Code; offense severity ranking
1259 chart.—
1260 (3) OFFENSE SEVERITY RANKING CHART
1261 (d) LEVEL 4
1262
1263
1264 FloridaStatute FelonyDegree Description
1265 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
1266 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
1267 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
1268 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
1269 517.07(1) 3rd Failure to register securities.
1270 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
1271 784.031 3rd Battery by strangulation.
1272 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
1273 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1274 784.075 3rd Battery on detention or commitment facility staff.
1275 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1276 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1277 784.081(3) 3rd Battery on specified official or employee.
1278 784.082(3) 3rd Battery by detained person on visitor or other detainee.
1279 784.083(3) 3rd Battery on code inspector.
1280 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1281 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1282 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1283 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1284 787.07 3rd Human smuggling.
1285 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1286 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1287 790.115(2)(c) 3rd Possessing firearm on school property.
1288 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
1289 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1290 806.135 2nd Destroying or demolishing a memorial or historic property.
1291 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1292 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1293 810.06 3rd Burglary; possession of tools.
1294 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1295 810.145(3)(b) 3rd Digital voyeurism dissemination.
1296 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1297 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
1298 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
1299 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions.
1300 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1301 817.505(4)(a) 3rd Patient brokering.
1302 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1303 817.568(2)(a) 3rd Fraudulent use of personal identification information.
1304 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
1305 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
1306 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
1307 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1308 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
1309 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
1310 837.02(1) 3rd Perjury in official proceedings.
1311 837.021(1) 3rd Make contradictory statements in official proceedings.
1312 838.022 3rd Official misconduct.
1313 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1314 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
1315 843.021 3rd Possession of a concealed handcuff key by a person in custody.
1316 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1317 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
1318 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
1319 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
1320 870.01(3) 2nd Aggravated rioting.
1321 870.01(5) 2nd Aggravated inciting a riot.
1322 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
1323 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
1324 914.14(2) 3rd Witnesses accepting bribes.
1325 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1326 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1327 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
1328 918.12 3rd Tampering with jurors.
1329 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1330 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
1331 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
1332 Section 33. Subsections (15) and (16) of section 943.03,
1333 Florida Statutes, are renumbered as subsections (16) and (17),
1334 respectively, subsection (14) is amended, and a new subsection
1335 (15) is added to that section, to read:
1336 943.03 Department of Law Enforcement.—
1337 (14) The department, with respect to counter-terrorism
1338 efforts, responses to acts of terrorism within or affecting this
1339 state, coordinating with and providing assistance to the Federal
1340 Government in the enforcement of federal immigration laws,
1341 responses to immigration enforcement incidents within or
1342 affecting this state, and other matters related to the domestic
1343 security of Florida as it relates to terrorism and immigration
1344 enforcement incidents, shall coordinate and direct the law
1345 enforcement, initial emergency, and other initial responses. The
1346 department shall work closely with the Division of Emergency
1347 Management, other federal, state, and local law enforcement
1348 agencies, fire and rescue agencies, first-responder agencies,
1349 and others involved in preparation against acts of terrorism in
1350 or affecting this state, immigration enforcement incidents
1351 within or affecting this state, and in the response to such acts
1352 or incidents. The executive director of the department, or
1353 another member of the department designated by the director,
1354 shall serve as Chief of Domestic Security for the purpose of
1355 directing and coordinating such efforts. The department and
1356 Chief of Domestic Security shall use the regional domestic
1357 security task forces as established in this chapter to assist in
1358 such efforts.
1359 (15) The department shall coordinate with the Office of
1360 State Immigration Enforcement within the Department of
1361 Agriculture and Consumer Services when providing assistance to
1362 the Federal Government in the enforcement of federal immigration
1363 laws.
1364 Section 34. Section 943.03101, Florida Statutes, is amended
1365 to read:
1366 943.03101 Counter-terrorism and immigration enforcement
1367 coordination.—The Legislature finds that with respect to
1368 counter-terrorism efforts and, initial responses to acts of
1369 terrorism within or affecting this state, coordinating with and
1370 providing assistance to the Federal Government in the
1371 enforcement of federal immigration laws, and responses to
1372 immigration enforcement incidents within or affecting this
1373 state, specialized efforts of emergency management which are
1374 unique to such situations are required and that these efforts
1375 intrinsically involve very close coordination of federal, state,
1376 and local law enforcement agencies with the efforts of all
1377 others involved in emergency-response efforts. In order to best
1378 provide this specialized effort, the Legislature has determined
1379 that such efforts should be coordinated by and through the
1380 Department of Law Enforcement, working closely with the Division
1381 of Emergency Management and others involved in preparation
1382 against acts of terrorism in or affecting this state,
1383 immigration enforcement incidents within or affecting this
1384 state, and in the initial response to such acts, in accordance
1385 with the state comprehensive emergency management plan prepared
1386 pursuant to s. 252.35(2)(a).
1387 Section 35. Subsections (3) through (8) of section
1388 943.0311, Florida Statutes, are renumbered as subsections (2)
1389 through (7), respectively, and subsection (1) and present
1390 subsections (2) and (4) of that section are amended to read:
1391 943.0311 Chief of Domestic Security; duties of the
1392 department with respect to domestic security.—
1393 (1) The executive director of the department, or a member
1394 of the department designated by the executive director, shall
1395 serve as the Chief of Domestic Security. The Chief of Domestic
1396 Security shall:
1397 (a) Coordinate the efforts of the department in the ongoing
1398 assessment of this state’s vulnerability to, and ability to
1399 detect, prevent, prepare for, respond to, and recover from, acts
1400 of terrorism within or affecting this state and immigration
1401 enforcement incidents within or affecting this state.
1402 (b) Prepare recommendations for the Governor, the President
1403 of the Senate, and the Speaker of the House of Representatives,
1404 which are based upon ongoing assessments to limit the
1405 vulnerability of the state to terrorism and immigration
1406 enforcement incidents.
1407 (c) Coordinate the collection of proposals to limit the
1408 vulnerability of the state to terrorism and immigration
1409 enforcement incidents.
1410 (d) Coordinate with the chief immigration officer within
1411 the Department of Agriculture and Consumer Services when
1412 providing assistance to the Federal Government in the
1413 enforcement of federal immigration laws.
1414 (e)(d) Use regional task forces to support the duties of
1415 the department set forth in this section.
1416 (f)(e) Use public or private resources to perform the
1417 duties assigned to the department under this section.
1418 (2) The chief shall regularly coordinate random audits
1419 pursuant to s. 448.095 to ensure compliance and enforcement and
1420 shall notify the Department of Commerce of any violations.
1421 (3)(4) The chief shall report to the Governor, the
1422 President of the Senate, and the Speaker of the House of
1423 Representatives by November 1 of each year suggestions for
1424 specific and significant security enhancements of any building,
1425 facility, or structure owned or leased by a state agency, state
1426 university, or community college or any entity that has
1427 conducted an assessment under subsection (5) (6). The chief may
1428 utilize the assessments provided under subsection (5) (6) in
1429 making his or her suggestions. The report shall suggest
1430 strategies to maximize federal funds in support of building or
1431 facility security if such funds are available.
1432 Section 36. Section 943.0312, Florida Statutes, is amended
1433 to read:
1434 943.0312 Regional domestic security task forces.—The
1435 Legislature finds that there is a need to develop and implement
1436 a statewide strategy to address prevention, preparation,
1437 protection, response, and recovery efforts by federal, state,
1438 and local law enforcement agencies, emergency management
1439 agencies, fire and rescue departments, first-responder
1440 personnel, and others in dealing with potential or actual
1441 terrorist acts within or affecting this state and potential or
1442 actual immigration enforcement incidents within or affecting
1443 this state.
1444 (1) To assist the department and the Chief of Domestic
1445 Security in performing their roles and duties in this regard,
1446 the department shall establish a regional domestic security task
1447 force in each of the department’s operational regions. The task
1448 forces shall serve in an advisory capacity to the department and
1449 the Chief of Domestic Security and shall provide support to the
1450 department in its performance of functions pertaining to
1451 domestic security.
1452 (a) Subject to annual appropriation, the department shall
1453 provide dedicated employees to support the function of each
1454 regional domestic security task force.
1455 (b) Each task force shall be co-chaired by the department’s
1456 special agent in charge of the operational region in which the
1457 task force is located and by a local sheriff or chief of police
1458 from within the operational region.
1459 (c) Each task force membership may also include
1460 representatives of state and local law enforcement agencies,
1461 fire and rescue departments, or first-responder personnel;
1462 representatives of emergency management agencies and health,
1463 medical, and hospital agencies; representatives of local
1464 emergency planning committees; and other persons as deemed
1465 appropriate and necessary by the task force co-chairs.
1466 (d) The co-chairs of each task force may appoint
1467 subcommittees and subcommittee chairs as necessary in order to
1468 address issues related to the various disciplines represented on
1469 the task force, except that subcommittee chairs for emergency
1470 management shall be appointed with the approval of the director
1471 of the Division of Emergency Management. A subcommittee chair
1472 shall serve at the pleasure of the co-chairs.
1473 (2) In accordance with the state’s domestic security
1474 strategic goals and objectives, each task force shall coordinate
1475 efforts to counter terrorism as defined by s. 775.30 and
1476 cooperate with and provide assistance to the Federal Government
1477 in the enforcement of federal immigration laws within or
1478 affecting this state in compliance with chapter 908, among
1479 local, state, and federal resources to ensure that such efforts
1480 are not fragmented or unnecessarily duplicated; coordinate
1481 training for local and state personnel to counter terrorism as
1482 defined in s. 775.30; and cooperate with and provide assistance
1483 to the Federal Government in the enforcement of federal
1484 immigration laws within or affecting this state in compliance
1485 with chapter 908; coordinate the collection and dissemination of
1486 investigative and intelligence information; and facilitate
1487 responses to terrorist incidents within or affecting each region
1488 and immigration enforcement incidents within or affecting each
1489 region. With the approval of the Chief of Domestic Security, the
1490 task forces may incorporate other objectives reasonably related
1491 to the goals of enhancing the state’s domestic security and
1492 ability to detect, prevent, and respond to acts of terrorism
1493 within or affecting this state or immigration enforcement
1494 incidents within or affecting this state. Each task force shall
1495 take into account the variety of conditions and resources
1496 present within its region.
1497 (3) The Chief of Domestic Security, in conjunction with the
1498 Division of Emergency Management, the regional domestic security
1499 task forces, and the various state entities responsible for
1500 establishing training standards applicable to state law
1501 enforcement officers and fire, emergency, and first-responder
1502 personnel shall identify appropriate equipment and training
1503 needs, curricula, and materials related to the effective
1504 response to suspected or actual acts of terrorism, immigration
1505 enforcement incidents, or incidents involving real or hoax
1506 weapons of mass destruction as defined in s. 790.166.
1507 Recommendations for funding for purchases of equipment, delivery
1508 of training, implementation of, or revision to basic or
1509 continued training required for state licensure or
1510 certification, or other related responses shall be made by the
1511 Chief of Domestic Security to the Domestic Security Oversight
1512 Council, the Executive Office of the Governor, the President of
1513 the Senate, and the Speaker of the House of Representatives as
1514 necessary to ensure that the needs of this state with regard to
1515 the preparing, equipping, training, and exercising of response
1516 personnel are identified and addressed. In making such
1517 recommendations, the Chief of Domestic Security and the Division
1518 of Emergency Management shall identify all funding sources that
1519 may be available to fund such efforts.
1520 (4) Each regional domestic security task force, working in
1521 conjunction with the department, the Office of the Attorney
1522 General, and other public or private entities, shall work to
1523 ensure that hate-driven acts against ethnic groups that may have
1524 been targeted as a result of acts of terrorism in or affecting
1525 this state, or as a result of immigration enforcement incidents
1526 within or affecting this state, are appropriately investigated
1527 and responded to.
1528 (5) Members of each regional domestic security task force
1529 may not receive any pay other than their salaries normally
1530 received from their employers, but are entitled to reimbursement
1531 for per diem and travel expenses in accordance with s. 112.061.
1532 (6) Subject to annual appropriation, the department shall
1533 provide staff and administrative support for the regional
1534 domestic security task forces.
1535 Section 37. Section 943.0313, Florida Statutes, is amended
1536 to read:
1537 943.0313 Domestic Security Oversight Council.—The
1538 Legislature finds that there exists a need to provide executive
1539 direction and leadership with respect to terrorism and
1540 immigration enforcement incident prevention, preparation,
1541 protection, response, and recovery efforts by state and local
1542 agencies in this state. In recognition of this need, the
1543 Domestic Security Oversight Council is hereby created. The
1544 council shall serve as an advisory council pursuant to s.
1545 20.03(7) to provide guidance to the state’s regional domestic
1546 security task forces and other domestic security working groups
1547 and to make recommendations to the Governor and the Legislature
1548 regarding the expenditure of funds and allocation of resources
1549 related to counter-terrorism and cooperating with and providing
1550 assistance to the Federal Government in the enforcement of
1551 federal immigration laws and domestic security efforts.
1552 (1) MEMBERSHIP.—
1553 (a) The Domestic Security Oversight Council shall consist
1554 of the following voting members:
1555 1. The executive director of the Department of Law
1556 Enforcement.
1557 2. The director of the Division of Emergency Management.
1558 3. The Attorney General.
1559 4. The Commissioner of Agriculture.
1560 5. The State Surgeon General.
1561 6. The Commissioner of Education.
1562 7. The State Fire Marshal.
1563 8. The adjutant general of the Florida National Guard.
1564 9. The state chief information officer.
1565 10. Each sheriff or chief of police who serves as a co
1566 chair of a regional domestic security task force pursuant to s.
1567 943.0312(1)(b).
1568 11. Each of the department’s special agents in charge who
1569 serve as a co-chair of a regional domestic security task force.
1570 12. Two representatives of the Florida Fire Chiefs
1571 Association.
1572 13. One representative of the Florida Police Chiefs
1573 Association.
1574 14. One representative of the Florida Prosecuting Attorneys
1575 Association.
1576 15. The chair of the Statewide Domestic Security
1577 Intelligence Committee.
1578 16. One representative of the Florida Hospital Association.
1579 17. One representative of the Emergency Medical Services
1580 Advisory Council.
1581 18. One representative of the Florida Emergency
1582 Preparedness Association.
1583 19. One representative of the Florida Seaport
1584 Transportation and Economic Development Council.
1585 (b) In addition to the members designated in paragraph (a),
1586 the council may invite other ex officio, nonvoting members to
1587 attend and participate in council meetings. Those nonvoting
1588 members may include, but need not be limited to:
1589 1. The executive director of the Department of Highway
1590 Safety and Motor Vehicles.
1591 2. The Secretary of Health Care Administration.
1592 3. The Secretary of Environmental Protection.
1593 4. The director of the Division of Law Enforcement within
1594 the Fish and Wildlife Conservation Commission.
1595 5. A representative of the Commission on Human Relations.
1596 6. A representative of the United States Coast Guard.
1597 7. A United States Attorney from a federal judicial circuit
1598 within this state.
1599 8. A special agent in charge from an office of the Federal
1600 Bureau of Investigation within this state.
1601 9. A representative of the United States Department of
1602 Homeland Security.
1603 10. A representative of United States Immigration and
1604 Customs Enforcement.
1605 11. A representative of United States Customs and Border
1606 Protection.
1607 (2) ORGANIZATION.—
1608 (a) The Legislature finds that the council serves a
1609 legitimate state, county, and municipal purpose and that service
1610 on the council is consistent with a member’s principal service
1611 in public office or employment. Membership on the council does
1612 not disqualify a member from holding any other public office or
1613 being employed by a public entity, except that a member of the
1614 Legislature may not serve on the council.
1615 (b) The executive director of the Department of Law
1616 Enforcement shall serve as chair of the council, and the
1617 director of the Division of Emergency Management shall serve as
1618 vice chair of the council. In the absence of the chair, the vice
1619 chair shall serve as chair. In the absence of the vice chair,
1620 the chair may name any member of the council to perform the
1621 duties of the chair if such substitution does not extend beyond
1622 a defined meeting, duty, or period of time.
1623 (c) Any absent voting member of the council may be
1624 represented by a designee empowered to act on any issue before
1625 the council to the same extent that the designating member is
1626 empowered. If a co-chair of a regional domestic security task
1627 force is absent from a council meeting, the co-chair shall
1628 appoint a subcommittee chair of that task force as the designee.
1629 (d) The council shall establish bylaws for its general
1630 governance.
1631 (e) Any member of the council serving by reason of the
1632 office or employment held by the member shall cease to serve on
1633 the council at such time as he or she ceases to hold the office
1634 or employment which was the basis for appointment to the
1635 council.
1636 (f) Representatives from agencies or organizations other
1637 than those designated by title shall be chosen by the entity.
1638 Except for those individuals designated by title, council
1639 members shall be certified annually to the chair by the
1640 organization they represent.
1641 (g) Members of the council or their designees shall serve
1642 without compensation but are entitled to reimbursement for per
1643 diem and travel expenses pursuant to s. 112.061.
1644 (h) The department shall provide the council with the staff
1645 support necessary to assist in the performance of its duties.
1646 (3) MEETINGS.—The council must meet at least semiannually.
1647 Additional meetings may be held as necessary. A majority of the
1648 members of the council constitutes a quorum.
1649 (4) EXECUTIVE COMMITTEE.—
1650 (a) The council shall establish an executive committee
1651 consisting of the following members:
1652 1. The executive director of the Department of Law
1653 Enforcement.
1654 2. The director of the Division of Emergency Management.
1655 3. The Attorney General.
1656 4. The Commissioner of Agriculture.
1657 5. The State Surgeon General.
1658 6. The Commissioner of Education.
1659 7. The State Fire Marshal.
1660 (b) The executive director of the Department of Law
1661 Enforcement shall serve as the chair of the executive committee,
1662 and the director of the Division of Emergency Management shall
1663 serve as the vice chair of the executive committee.
1664 (c) The executive committee shall approve all matters
1665 brought before the council prior to consideration. When
1666 expedited action of the council is deemed necessary by the chair
1667 or vice chair, the executive committee may act on behalf of the
1668 council.
1669 (5) DUTIES OF THE COUNCIL.—
1670 (a) The Domestic Security Oversight Council shall serve as
1671 an advisory council to the Governor, the Legislature, and the
1672 Chief of Domestic Security. The council shall:
1673 1. Review the development, maintenance, and operation of a
1674 comprehensive multidisciplinary domestic security strategy that
1675 will guide the state’s prevention, preparedness, protection,
1676 response, and recovery efforts against terrorist attacks and
1677 immigration enforcement incidents and make appropriate
1678 recommendations to ensure the implementation of that strategy.
1679 2. Review the development of integrated funding plans to
1680 support specific projects, goals, and objectives necessary to
1681 the state’s domestic security strategy and make appropriate
1682 recommendations to implement those plans.
1683 3. Review and recommend approval of prioritized
1684 recommendations from regional domestic security task forces and
1685 state working groups on the use of available funding to ensure
1686 the use of such funds in a manner that best promotes the goals
1687 of statewide, regional, and local domestic security through
1688 coordinated planning and implementation strategies.
1689 4. Review and recommend approval of statewide policies and
1690 operational protocols that support the domestic security efforts
1691 of the regional domestic security task forces and state
1692 agencies.
1693 5. Review the overall statewide effectiveness of domestic
1694 security efforts and, counter-terrorism efforts, and efforts of
1695 coordinating with and providing assistance to the Federal
1696 Government in the enforcement of federal immigration laws in
1697 order to provide suggestions to improve or enhance those
1698 efforts.
1699 6. Review the efforts of any agency or entity involved in
1700 state or local domestic security efforts and, counter-terrorism
1701 efforts, and efforts of coordination with and providing
1702 assistance to the Federal Government in the enforcement of
1703 federal immigration laws that requests assistance or that
1704 appears to need such review in order to provide suggestions to
1705 improve or enhance those efforts.
1706 7. Review efforts within the state to better secure state
1707 and local infrastructure against terrorist attack or immigration
1708 enforcement incidents and make recommendations to enhance the
1709 effectiveness of such efforts.
1710 8. Review and recommend legislative initiatives related to
1711 the state’s domestic security and provide endorsement or
1712 recommendations to enhance the effectiveness of such efforts.
1713 9. Review statewide or multiagency mobilizations and
1714 responses to major domestic security incidents and recommend
1715 suggestions for training, improvement of response efforts, or
1716 improvement of coordination or for other strategies that may be
1717 derived as necessary from such reviews.
1718 10. Conduct any additional review or inquiry or make
1719 recommendations to the Governor and Legislature in support of
1720 other initiatives, as may be necessary, to fulfill the function
1721 of general oversight of the state’s domestic security efforts
1722 and, counter-terrorism efforts, and efforts of coordinating with
1723 and providing assistance to the Federal Government in the
1724 enforcement of federal immigration laws and to promote increased
1725 security.
1726 11. Promote and preserve intergovernmental cooperation and
1727 consensus among state and local agencies, the Federal
1728 Government, private entities, other states, and other nations,
1729 as appropriate, under the guidance of the Governor.
1730 (b) The Domestic Security Oversight Council shall make an
1731 annual funding recommendation to the Governor and Legislature
1732 which shall prioritize funding requests based on allocations
1733 from all available sources for implementing the state’s domestic
1734 security strategy. This recommendation must include the
1735 prioritized recommendations of each of the regional domestic
1736 security task forces and the various working groups that
1737 participate in the prioritization process for funding
1738 allocations. The recommendation must reflect the consideration
1739 of strategic priorities and allocations that best serve the
1740 state’s overall domestic security needs. The recommendation
1741 shall be transmitted to the Governor and the Legislature by
1742 December 31 of each year. If additional funds become available,
1743 or reallocation of funding is required beyond current spending
1744 authorizations, the council may make recommendations to the
1745 Governor for consideration by the Legislative Budget Commission.
1746 (6) REPORTS.—The council shall report annually on its
1747 activities, on or before December 31 of each calendar year, to
1748 the Governor, the President of the Senate, the Speaker of the
1749 House of Representatives, and the chairs of the committees
1750 having principal jurisdiction over domestic security in the
1751 Senate and the House of Representatives.
1752 (7) AGENCY DESIGNATION.—For purposes of this section, the
1753 Domestic Security Oversight Council shall be considered a
1754 criminal justice agency within the definition of s. 119.011(4).
1755 Section 38. Effective July 1, 2025, paragraph (a) of
1756 subsection (12) of section 1009.26, Florida Statutes, is amended
1757 to read:
1758 1009.26 Fee waivers.—
1759 (12)(a) A state university, a Florida College System
1760 institution, a career center operated by a school district under
1761 s. 1001.44, or a charter technical career center shall waive
1762 out-of-state fees for students who are citizens of the United
1763 States or lawfully present in the United States, including, but
1764 not limited to, students who are undocumented for federal
1765 immigration purposes, who meet the following conditions:
1766 1. Attended a secondary school in this state for 3
1767 consecutive years immediately before graduating from a high
1768 school in this state;
1769 2. Apply for enrollment in an institution of higher
1770 education within 24 months after high school graduation; and
1771 3. Submit an official Florida high school transcript as
1772 evidence of attendance and graduation.
1773 Section 39. Students receiving a fee waiver pursuant to s.
1774 1009.26(12), Florida Statutes, must be reevaluated for
1775 eligibility beginning July 1, 2025.
1776 Section 40. (1) Any interagency agreement, memorandum of
1777 understanding, or contract existing before the effective date of
1778 this act between the Department of Law Enforcement and any other
1779 agency related to the coordination or enforcement of federal
1780 immigration laws shall continue as an agreement, memorandum, or
1781 contract for the remainder of its term with the Department of
1782 Agriculture and Consumer Services replacing the Department of
1783 Law Enforcement as a party.
1784 (2) Any administrative rules promulgated by the Department
1785 of Law Enforcement related to coordination with the Federal
1786 Government regarding federal immigration laws or the enforcement
1787 of federal immigration laws are transferred to the Department of
1788 Agriculture and Consumer Services.
1789 Section 41. (1) The Office of State Immigration Enforcement
1790 within the Division of Law Enforcement under the Department of
1791 Agriculture and Consumer Services is authorized, and all
1792 conditions are deemed met, to adopt emergency rules pursuant to
1793 s. 120.54(4), Florida Statutes, to implement the creation by
1794 this act of ss. 19.56, 908.1031, and 908.1042, Florida Statutes.
1795 Notwithstanding any other law, emergency rules adopted pursuant
1796 to this subsection are effective for 6 months after adoption and
1797 may be renewed during the pendency of procedures to adopt
1798 permanent rules addressing the subject of the emergency rules.
1799 (2) This section expires July 1, 2026.
1800 Section 42. The Legislature finds that the state’s criminal
1801 justice training centers as well as facilities of the Department
1802 of Military Affairs, such as the Camp Blanding Joint Training
1803 Center, are highly qualified and critical strategic, year-round
1804 assets for training. The Legislature has made significant
1805 investments to make the Camp Blanding Joint Training Center the
1806 premier facility in the southeast. In order to support the
1807 anticipated training and operations involving multiple federal,
1808 state, and local agencies, and given the scale and value of this
1809 state’s assets, the Department of Military Affairs and local law
1810 enforcement shall work with the Office of State Immigration
1811 Enforcement within the Department of Agriculture and Consumer
1812 Services to ensure that the state’s federal partners can access
1813 and use the state’s physical assets in order to further the
1814 nation’s mission to address illegal immigration. Such activities
1815 include outreach to federal partnership as well as entering into
1816 agreements for the use of such facilities.
1817 Section 43. Section 1 of chapter 2023-3, Laws of Florida,
1818 is amended to read:
1819 Section 1. (1) As used in this section, the term “inspected
1820 unauthorized alien” means an individual who has documentation
1821 from the United States Government indicating that the United
1822 States Government processed and released him or her into the
1823 United States without admitting the individual in accordance
1824 with the federal Immigration and Nationality Act, 8 U.S.C. ss.
1825 1101 et seq. The term must be interpreted consistently with any
1826 applicable federal statutes, rules, or regulations.
1827 (2) The Legislature finds that the Federal Government has
1828 failed to secure the nation’s borders and has allowed a surge of
1829 inspected unauthorized aliens to enter the United States. In
1830 January 2023, the Governor issued Executive Order 23-03,
1831 directing state law enforcement agencies and other state
1832 agencies to take necessary actions to protect Floridians from
1833 the impacts of the border crisis. Without such action,
1834 detrimental effects may be experienced in Florida, including
1835 increased crime, diminished economic opportunities and wages for
1836 American workers, and burdens on the education and health care
1837 systems. The Legislature finds that the Federal Government has
1838 proven itself unwilling to address this crisis.
1839 (3) To mitigate the effects of this crisis on the State of
1840 Florida, the Unauthorized Alien Transport Program is created
1841 within the Division of Law Enforcement under the Department of
1842 Agriculture and Consumer Services Emergency Management within
1843 the Executive Office of the Governor for the purpose of
1844 facilitating the transport of inspected unauthorized aliens
1845 within the United States, consistent with federal law.
1846 Notwithstanding s. 287.057, Florida Statutes, the division is
1847 authorized to contract for services to implement the program.
1848 (4) The division shall evaluate the effectiveness and value
1849 of the program in assisting coordination with the Federal
1850 Government and recommend to the Legislature by March 15, 2025,
1851 to make no changes or to continue or modify the program.
1852 (5)(4) The division may adopt rules to implement the
1853 program.
1854 (6)(5) This section expires June 30, 2025.
1855 Section 44. Notwithstanding s. 252.36, Florida Statutes,
1856 Executive Order 23-03, renewed by executive orders 23-49, 23-88,
1857 23-134, 23-213, 23-245, 24-35, 24-74, 24-118, 24-173, 24-220,
1858 and 24-269, may not be renewed. Once the state of emergency
1859 expires, or but for early termination would have expired, the
1860 Governor may not issue a subsequent state of emergency with
1861 respect to the same or substantially similar issue or
1862 circumstances.
1863 Section 45. (1) For the 2024-2025 fiscal year, the sums of
1864 $20,562,630 in recurring funds and $484,467,609 in nonrecurring
1865 funds are appropriated from the General Revenue Fund to the
1866 Department of Agriculture and Consumer Services to implement
1867 this act.
1868 (2) From the recurring general revenue funds, $898,592
1869 shall be allocated to the Executive Direction and Support
1870 Services budget entity in specific appropriations categories:
1871 $852,500 in Salaries and Benefits, $43,631 in Expenses, and
1872 $2,461 in Transfer to the Department of Management
1873 Services/Statewide Human Resources Contract, and $19,664,038
1874 shall be allocated to the Division of Law Enforcement/Office of
1875 State Immigration Enforcement in specific appropriations
1876 categories: $13,827,050 in Salaries and Benefits, $3,694,073 in
1877 Expenses, $15,000 in Operating Capital Outlay, $2,000,000 in
1878 Contracted Services, $49,915 in Transfer to the Department of
1879 Management Services/Statewide Human Resources Contract, and
1880 $78,000 in Salary Incentive Payments. These funds shall be
1881 released immediately upon this act becoming a law.
1882 (3) From the nonrecurring general revenue funds, $38,017
1883 shall be allocated to the Executive Direction and Support
1884 Services budget entity in the expense category, and $9,429,592
1885 shall be allocated to the Division of Law Enforcement/Office of
1886 State Immigration Enforcement in specific appropriations
1887 categories: $1,515,114 in Expenses, $478,850 in Operating
1888 Capital Outlay, $6,402,468 in Acquisition of Motor Vehicles,
1889 $533,160 in Acquisition of Boats, Motors, and Trailers, and
1890 $500,000 in Contracted Services. These funds shall be released
1891 immediately upon this act becoming a law. The unexpended balance
1892 of nonrecurring general revenue funds appropriated to the
1893 Division of Law Enforcement/Office of State Immigration
1894 Enforcement remaining on June 30, 2025, shall revert and is
1895 appropriated to the Division of Law Enforcement/Office of State
1896 Immigration Enforcement for Fiscal Year 2025-2026 for the same
1897 purpose.
1898 (4) The Department of Agriculture and Consumer Services is
1899 authorized to establish 142.00 full-time equivalent positions
1900 with associated salary rate of 8,584,000 in the Division of Law
1901 Enforcement/Office of State Immigration Enforcement for the
1902 purpose of implementing this act. The following specific
1903 positions, classifications, and pay plans are authorized: one
1904 Law Enforcement Major, class code 8630, pay plan 01; one Law
1905 Enforcement Captain, class code 8630, pay plan 01; four Law
1906 Enforcement Lieutenants, class code 8522, pay plan 01; forty
1907 four Law Enforcement Officers, class code 8515, pay plan 01;
1908 four Investigation Supervisor-SES, class code 8354, pay plan 08;
1909 forty-six Investigation Specialist II, class code 8318, pay plan
1910 01; two Training Consultant III, class code 6004, pay plan 01;
1911 twenty Regulatory Specialist III, class code 0444, pay plan 01;
1912 one chief of general operations, class code 9328, pay plan 08;
1913 three senior attorneys, class code 7738, pay plan 08; and
1914 sixteen government operations consultants, class code 2238, pay
1915 plan 01.
1916 (5) The Department of Agriculture and Consumer Services is
1917 authorized to establish 7.00 full-time equivalent positions with
1918 associated salary rate of 550,000 in the Executive Direction and
1919 Support Services budget entity for the purpose of implementing
1920 this act. The following specific positions, classifications, and
1921 pay plans are authorized: two Senior Attorneys, class code 7738,
1922 pay plan 08; three Government Analyst II, class code 2225, pay
1923 plan 01; one Purchasing Analyst, class code 0830, pay plan 01;
1924 and one Human Resource Specialist, class code 0190, pay plan 01.
1925 (6) From the nonrecurring general revenue funds,
1926 $100,000,000 shall be allocated to specific appropriation
1927 special category Local Law Enforcement Immigration Grant Program
1928 in the Division of Law Enforcement/Office of State Immigration
1929 Enforcement to implement the Local Law Enforcement Immigration
1930 Grant Program. The amount of $3,750,000 shall be released
1931 immediately upon this act becoming a law. The division/office
1932 shall use these funds for administrative costs associated with
1933 developing and implementing the grant program. The
1934 division/office shall develop an implementation plan including
1935 procedures, administration, and criteria for approving grant
1936 applications. The implementation plan shall be submitted to the
1937 President of the Senate and the Speaker of the House of
1938 Representatives no later than March 1, 2025. Upon approval of
1939 the implementation plan by the President of the Senate and the
1940 Speaker of the House of Representatives, the Chief Financial
1941 Officer shall immediately release the balance of funds to the
1942 division/office.
1943 (7) From the nonrecurring general revenue funds,
1944 $375,000,000 shall be allocated to specific appropriation
1945 special category Implementation and Support for Enforcement of
1946 Federal Immigration Policies in the Division of Law
1947 Enforcement/Office of State Immigration Enforcement to implement
1948 specific recommendations from the division/office for use of the
1949 funds, which may include funds to support federal access to
1950 training facilities in this state; grants to local law
1951 enforcement to retain existing law enforcement officers or
1952 attract new officers; and grants to pay costs incurred by local
1953 law enforcement that were necessary for the full support and
1954 coordination with the Federal Government in the implementation
1955 and enforcement of federal immigration policies, including
1956 training activities related to the federal program established
1957 under s. 287(g) of the Immigration and Nationality Act, 8 U.S.C.
1958 s. 1357. The division/office shall develop a report of the
1959 recommendations including allocations of applicable costs and
1960 implementation plans. The report shall be submitted to the
1961 President of the Senate and the Speaker of the House of
1962 Representatives by March 15, 2025. Upon approval of the report
1963 by concurrent resolution of the Legislature, the Chief Financial
1964 Officer shall immediately release funds to the division/office
1965 consistent with the recommendations approved from the report.
1966 Section 46. The unexpended balance of funds provided in
1967 section 229, chapter 2024-231, Laws of Florida, to the Executive
1968 Office of the Governor, Division of Emergency Management shall
1969 immediately revert. For the 2024-2025 fiscal year, the
1970 nonrecurring sum of $10,000,000 from the General Revenue Fund is
1971 appropriated to the Division of Law Enforcement within the
1972 Department of Agriculture and Consumer Services for the
1973 Unauthorized Alien Transport Program as amended by this act. The
1974 funds shall be released to the division immediately upon this
1975 act becoming a law.
1976 Section 47. Except as otherwise provided in this act, this
1977 act shall take effect upon becoming a law.
