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					       Florida Senate -




1                            A bill to be entitled
2           An act relating to immigration; creating a statement
3           of legislative intent; requiring the government to
4           enforce immigration laws to the full extent of the
5           law; requiring law enforcement officers to request
6           citizenship information in certain circumstances;
7           allowing government entities to share information
8           regarding citizenship; allowing citizens to sue the
9           government if the government is restricting the
10          enforcement of federal immigration laws; allowing
11          recovery of attorney fees; making willful failure to
12          complete or carry an alien registration document a
13          first degree misdemeanor; forbidding probation and
14          release to aliens who do not have registration
15          documents; providing that this section shall be
16          implemented consistent with federal laws; forbidding
17          law enforement officers to use race as a determining
18          factor in their assessments under this section;
19          providing an effective date.
20
21     Be It Enacted by the Legislature of the State of Florida:
22
23          Section 1. Section 943.0536, Florida Statutes, is created
24     to read:
25          943.0536 Enforcement of Immigration Laws.—
26          (1) The Legislature finds that there is a compelling
27     interest in the cooperative enforcement of federal immigration
28     laws throughout Florida. The provisions of this act are intended
29     to work together to discourage and deter the unlawful entry and


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30     presence of aliens and economic activity by persons unlawfully
31     present in the United States.
32          (2) No official or agency of the state, a county, or a city
33     of this state may limit or restrict the enforcement of federal
34     immigration laws to less than the full extent permitted by
35     federal law.
36          (3) For any lawful stop, detention, or arrest made by a law
37     enforcement official or a law enforcement agency of the state, a
38     county, or a municipality in the enforcement of any other law or
39     ordinance of a county, or municipality where reasonable
40     suspicion exists that the person is an alien and is unlawfully
41     present in the United States, a reasonable attempt shall be
42     made, when practicable, to determine the immigration status of
43     the person, except if the determination may hinder or obstruct
44     an investigation. Any person who is arrested shall have the
45     person's immigration status determined before the person is
46     released. The person's immigration status shall be verified with
47     the federal government pursuant to Title 8 United States Code s.
48     1373(c). A law enforcement official or agency of the state, a
49     county, or a municipality may not consider race, color or
50     national origin in implementing the requirements of this section
51     except to the extent permitted by the United States Constitution
52     or the Florida Constitution. A person is presumed not to be an
53     alien who is lawfully present in the United States if the person
54     provides to the law enforcement officer or agency any of the
55     following:
56          (a)   A valid Florida driver license;
57          (b)   A valid Florida nonoperating identification license;
58          (c)   A valid tribal enrollment card or other form of tribal


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59     identification;
60          (d)   Any valid United States federal, state, or local
61     identification, if the entity providing the identification
62     requires proof of legal presence in the United States.
63          (4)   If an alien who is unlawfully present in the United
64     States is convicted of a violation of state or local law, on
65     discharge from imprisonment or on the assessment of any monetary
66     obligation that is imposed, the United States Immigration and
67     Customs Enforcement or the United States Customs and Border
68     Protection shall be immediately notified.
69          (5)   Notwithstanding any other law, a law enforcement agency
70     may securely transport an alien who the agency has received
71     verification is unlawfully present in the United States and who
72     is in the agency's custody to a federal facility in this state
73     or to any other point of transfer into federal custody that is
74     outside the jurisdiction of the law enforcement agency. A law
75     enforcement agency shall obtain judicial authorization before
76     securely transporting an alien who is unlawfully present in the
77     United States to a point of transfer that is outside of this
78     state.
79          (6)   In the implementation of this section, an alien's
80     immigration status may be determined by:
81          (a)   A law enforcement officer who is authorized by the
82     federal government to verify or ascertain an alien's immigration
83     status.
84          (b)   The United States Immigration and Customs Enforcement
85     or the United States Customs and Border Protection pursuant to
86     Title 8 United States Code s. 1373(c).
87          (7) Except as provided in federal law, officials or


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 88     agencies of the state, a county, or a municipality may not be
 89     prohibited or in any way restricted from sending, receiving, or
 90     maintaining information relating to the immigration status,
 91     lawful or unlawful, of any individual. These officials or
 92     agencies may exchange that information with any other government
 93     entity for the following official purposes:
 94          (a) Determining the eligibility for any public benefit,
 95     service, or license provided by any federal, state, or local
 96     government.
 97          (b) Verifying any claim of residence or domicile if
 98     determination of residence or domicile is required under the
 99     laws of this state or a judicial order.
100          (c) If the person is an alien, determining whether the
101     person is in compliance with the federal registration laws
102     prescribed by Title II, Chapter 7 of the federal Immigration and
103     Nationality Act.
104          (d) Pursuant to Title 8 United States Code ss. 1373 and
105     1644.
106          (8) A person who is a legal resident of this state may
107     bring an action in county court to challenge any official or
108     agency of the state, a county, or a municipality that adopts or
109     implements a policy that limits or restricts the enforcement of
110     federal immigration laws, including Title 8 United States Code
111     ss. 1373 and 1644, to less than the full extent permitted by
112     federal law. If there is a judicial finding that an entity has
113     violated this section, the court shall order that the entity pay
114     a civil penalty of not less than five hundred dollars and not
115     more than five thousand dollars for each day that the policy has
116     remained in effect after the filing of an action pursuant to


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117     this subsection.
118          (9) The court may award court costs and reasonable attorney
119     fees to any person or any official or agency of the state,
120     county, or municipality that prevails by an adjudication on the
121     merits in a proceeding brought pursuant to subsection (5).
122          (10) In addition to any violation of federal law, a person
123     is guilty of willful failure to complete or carry an alien
124     registration document if the person is in violation of Title 8
125     United States Code ss. 1373(e) or 1306(a). A person is not
126     subject to sanctions under subsections (7), (8), (9), or (10) if
127     they maintain authorization from the federal government to
128     remain in the United States. In the enforcement of this
129     subsection, an alien's immigration status may be determined by:
130          (a) A law enforcement officer who is authorized by the
131     federal government to verify or ascertain an alien's immigration
132     status.
133          (b) The United States Immigration and Customs Enforcement
134     or the United States Customs and Border Protection pursuant to
135     Title 8 United States Code s. 1373(c).
136          (11) A person who is sentenced pursuant to subsection (7)
137     is not eligible for suspension of sentence, probation, pardon,
138     commutation of sentence, or release from confinement on any
139     basis except as authorized by law.
140          (12) In addition to any other penalty prescribed by law,
141     the court shall order the person to pay jail costs.
142          (13) Willful failure to complete or carry an alien
143     registration document under subsection (7) is a first degree
144     misdemeanor, except that the maximum fine is one hundred
145     dollars. A first violation is punishable by up to twenty days in


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146     jail. A second violation is punishable by up to thirty days in
147     jail.
148          (14) This section shall be implemented in a manner
149     consistent with federal laws regulating immigration, protecting
150     civil rights of all persons, and respecting the privileges and
151     immunities of United States citizens.
152          (15) A law enforcement official or agency of this state, a
153     county, or a municipality may not consider race, color, or
154     national origin in the enforcement of this section except to the
155     extent permitted by the United States Constitution or the
156     Florida Constitution.
157          (16)   Funds collected under this section shall be placed
158     into the state’s general revenue fund.
159          Section 2. This act shall take effect July 1, 2011.




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