HB 1355 2022
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hb1355-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to immigration enforcement; amending 2
s. 908.102, F.S.; revising the definition of the term 3
"sanctuary policy" to include specified laws, 4
policies, practices, procedures, or customs that limit 5
or prohibit a law enforcement agency from providing 6
specified immigration information to a state entity; 7
creating s. 908.11, F.S.; requiring each law 8
enforcement agency operating a county detention 9
facility to enter into a specified agreement with the 10
United States Immigration and Customs Enforcement to 11
assist with immigration enforcement; requiring such 12
agency to report specified information concerning such 13
agreement quarterly to the Department of Law 14
Enforcement; creating s. 908.111, F.S.; providing 15
definitions; prohibiting a governmental entity from 16
executing, amending, or renewing a contract with 17
common carriers under certain circumstances; requiring 18
specified governmental entity contracts with commo n 19
carriers to include specified provisions on or after a 20
certain date; requiring the Department of Management 21
Services to develop a specified form; providing an 22
effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
HB 1355 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Subsection (6) of section 908.102, Florida 27
Statutes, is amended to read: 28
908.102 Definitions. —As used in this chapter, the term: 29
(6) "Sanctuary policy" means a law, policy, practice, 30
procedure, or custom adopted or allowed by a state entity or 31
local governmental entity which prohibits or impedes a law 32
enforcement agency from complying with 8 U.S.C. s. 1373 or which 33
prohibits or impedes a law enforcement agency from communicating 34
or cooperating with a federal immigration agency so as to limit 35
such law enforcement agency in, or prohibit the agency from: 36
(a) Complying with an immigration detainer; 37
(b) Complying with a request from a federal immigration 38
agency to notify the agency before the release of an inmate or 39
detainee in the custody of the law enfo rcement agency; 40
(c) Providing a federal immigration agency access to an 41
inmate for interview; 42
(d) Participating in any program or agreement authorized 43
under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 44
1357 as required by s. 908.11 ; or 45
(e) Providing a federal immigration agency with an 46
inmate's incarceration status or release date ; or 47
(f) Providing information to a state entity on the 48
immigration status of an inmate or detainee in the custody of 49
the law enforcement agency . 50
HB 1355 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Section 908.11, Florida Statutes, is created to 51
read: 52
908.11 Immigration enforcement assistance agreements; 53
reporting requirement. — 54
(1) By January 1, 2023, each law enforcement agency 55
operating a county detention facility must enter into a written 56
agreement with the United States Immigration and Customs 57
Enforcement to participate in the immigration program 58
established under s. 287(g) of the Immigration and Nationality 59
Act, 8 U.S.C. s. 1357. This subsection does not require a law 60
enforcement agency to participate in a particular program model. 61
(2) Beginning no later than October 1, 2022, and until the 62
law enforcement agency enters into the written agreement 63
required under subsection (1), each law enforcement agency 64
operating a county detention facility must notify the Department 65
of Law Enforcement quarterly of the status of such written 66
agreement and any reason for noncompliance with this section, if 67
applicable. 68
Section 3. Section 908.111, Florida Statutes, is cr eated 69
to read: 70
908.111 Prohibition against governmental entity contracts 71
with common carriers; required termination provisions. — 72
(1) As used in this section, the term: 73
(a) "Common carrier" means a person, firm, or corporation 74
that undertakes for hire , as a regular business, to transport 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
persons or commodities from place to place offering his or her 76
services to all such as may choose to employ the common carrier 77
and pay his or her charges. 78
(b) "Governmental entity" means an agency of the state, a 79
regional or a local government created by the State Constitution 80
or by general or special act, a county or municipality, or any 81
other entity that independently exercises governmental 82
authority. 83
(c) "Unauthorized alien" means a person who is not 84
authorized under federal law to be employed in the United 85
States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall 86
be interpreted consistently with that section and any applicable 87
federal rules or regulations. 88
(2) A governmental entity may not execute, amend, or renew 89
a contract with a common carrier if the carrier is willfully 90
providing any service in furtherance of transporting an 91
unauthorized alien into the State of Florida knowing that the 92
unauthorized alien entered into or remains in the United States 93
in violation of law. 94
(3) A contract between a governmental entity and a common 95
carrier which is executed, amended, or renewed on or after 96
October 1, 2022, including a grant agreement or economic 97
incentive program payment agreement, must include: 98
(a) An attestation by the common carrier, verified as 99
provided in s. 92.525, that the common carrier is not willfully 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing and will not willfully provide any service during the 101
contract term in furtherance of transporting an unauthorized 102
alien into the state k nowing that the unauthorized alien entered 103
into or remains in the United States in violation of law. A 104
governmental entity is deemed to be in compliance with 105
subsection (2) upon receipt of the common carrier's attestation. 106
(b) A provision for termination for cause of the contract, 107
grant agreement, or economic incentive program payment agreement 108
if a common carrier, despite the attestation, is found to be 109
willfully providing any service in furtherance of transporting 110
an unauthorized alien into the state kn owing the unauthorized 111
alien entered into or remains in the United States in violation 112
of law. 113
(4) The Department of Management Services shall develop by 114
rule a common carrier attestation form no later than August 30, 115
2022. 116
Section 4. This act shall take effect upon becoming a law. 117