CS/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
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 or contracted carriers under certain 18
circumstances; requiring specified governmental enti ty 19
contracts with common carriers or contracted carriers 20
to include specified provisions on or after a certain 21
date; requiring the Department of Management Services 22
to develop a specified form; providing an effective 23
date. 24
25
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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
Be It Enacted by the Legisla ture of the State of Florida: 26
27
Section 1. Subsection (6) of section 908.102, Florida 28
Statutes, is amended to read: 29
908.102 Definitions. —As used in this chapter, the term: 30
(6) "Sanctuary policy" means a law, policy, practice, 31
procedure, or custom ad opted or allowed by a state entity or 32
local governmental entity which prohibits or impedes a law 33
enforcement agency from complying with 8 U.S.C. s. 1373 or which 34
prohibits or impedes a law enforcement agency from communicating 35
or cooperating with a federal immigration agency so as to limit 36
such law enforcement agency in, or prohibit the agency from: 37
(a) Complying with an immigration detainer; 38
(b) Complying with a request from a federal immigration 39
agency to notify the agency before the release of an inm ate or 40
detainee in the custody of the law enforcement agency; 41
(c) Providing a federal immigration agency access to an 42
inmate for interview; 43
(d) Participating in any program or agreement authorized 44
under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 45
1357 as required by s. 908.11 ; or 46
(e) Providing a federal immigration agency with an 47
inmate's incarceration status or release date ; or 48
(f) Providing information to a state entity on the 49
immigration status of an inmate or detainee in the custo dy of 50
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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
the law enforcement agency . 51
Section 2. Section 908.11, Florida Statutes, is created to 52
read: 53
908.11 Immigration enforcement assistance agreements; 54
reporting requirement. — 55
(1) By January 1, 2023, each law enforcement agency 56
operating a county detention facility must enter into a written 57
agreement with the United States Immigration and Customs 58
Enforcement to participate in the immigration program 59
established under s. 287(g) of the Immigration and Nationality 60
Act, 8 U.S.C. s. 1357. This subsectio n does not require a law 61
enforcement agency to participate in a particular program model. 62
(2) Beginning no later than October 1, 2022, and until the 63
law enforcement agency enters into the written agreement 64
required under subsection (1), each law enforcement agency 65
operating a county detention facility must notify the Department 66
of Law Enforcement quarterly of the status of such written 67
agreement and any reason for noncompliance with this section, if 68
applicable. 69
Section 3. Section 908.111, Flor ida Statutes, is created 70
to read: 71
908.111 Prohibition against governmental entity contracts 72
with common carriers or contracted carriers; required 73
termination provisions. — 74
(1) As used in this section, the term: 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
(a) "Common carrier" means a person, fir m, or corporation 76
that undertakes for hire, as a regular business, to transport 77
persons or commodities from place to place, offering his or her 78
services to all such as may choose to employ the common carrier 79
and pay his or her charges. 80
(b) "Contract" means an agreement that is subject to the 81
competitive procurement requirements of the contracting 82
governmental entity or an agreement for an amount or duration 83
requiring it to include written provisions under the procurement 84
requirements of the contracting go vernmental entity. 85
(c) "Governmental entity" means an agency of the state, a 86
regional or local government created by the State Constitution 87
or by general or special act, a county or municipality, or any 88
other entity that independently exercises governmen tal 89
authority. 90
(d) "Unauthorized alien" means a person who is unlawfully 91
present in the United States according to the terms of the 92
Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The 93
term shall be interpreted consistently with any applicable 94
federal statutes, rules, or regulations. 95
(2) A governmental entity may not execute, amend, or renew 96
a contract, including a grant agreement or economic incentive 97
program payment agreement, with a common carrier or contracted 98
carrier if the carrier is wil lfully providing any service in 99
furtherance of transporting a person into the state knowing that 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
the person is an unauthorized alien, except to facilitate the 101
detention of the person, or the removal or departure of the 102
person from the state or the United S tates. 103
(3) A contract between a governmental entity and a common 104
carrier or contracted carrier which is executed, amended, or 105
renewed on or after October 1, 2022, including a grant agreement 106
or economic incentive program payment agreement, must include: 107
(a) An attestation by the common carrier or contracted 108
carrier, in conformity with s. 92.525, that the common carrier 109
or contracted carrier is not willfully providing and will not 110
willfully provide any service during the contract term in 111
furtherance of transporting a person into the state knowing that 112
the person is an unauthorized alien, except to facilitate the 113
detention of the person, or the removal or departure of the 114
person from the state or the United States. A governmental 115
entity is deemed to be in compliance with subsection (2) upon 116
receipt of the common carrier's or contracted carrier's 117
attestation; and 118
(b) A provision for termination for cause of the contract, 119
including a grant agreement or economic incentive program 120
payment agreement, if a comm on carrier or contracted carrier is 121
found in violation of its attestation. 122
(4) The Department of Management Services shall develop by 123
rule a common carrier and contracted carrier attestation form no 124
later than August 30, 2022 . 125
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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 4. This act sha ll take effect upon becoming a law. 126