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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 Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 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 Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 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 Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 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 Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 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 Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 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. Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions.
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