| 10 | 10 | | 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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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to immigration enforcement; amending 2 |
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| 16 | 16 | | s. 908.102, F.S.; revising the definition of the term 3 |
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| 17 | 17 | | "sanctuary policy" to include specified laws, 4 |
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| 18 | 18 | | policies, practices, procedures, or customs that limit 5 |
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| 19 | 19 | | or prohibit a law enforcement agency from providing 6 |
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| 20 | 20 | | specified immigration information to a state entity; 7 |
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| 21 | 21 | | creating s. 908.11, F.S.; requiring each law 8 |
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| 22 | 22 | | enforcement agency operating a county detention 9 |
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| 23 | 23 | | facility to enter into a specified agreement with the 10 |
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| 24 | 24 | | United States Immigration and Customs Enforcement to 11 |
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| 25 | 25 | | assist with immigration enforcement; requiring such 12 |
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| 26 | 26 | | agency to report specified information concerning such 13 |
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| 27 | 27 | | agreement quarterly to the Department of Law 14 |
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| 28 | 28 | | Enforcement; creating s. 908.111, F.S.; providing 15 |
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| 29 | 29 | | definitions; prohibiting a governmental entity from 16 |
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| 30 | 30 | | executing, amending, or renewing a contract with 17 |
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| 31 | | - | common carriers or contracted carriers under certain 18 |
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| 32 | | - | circumstances; requiring specified governmental enti ty 19 |
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| 33 | | - | contracts with common carriers or contracted carriers 20 |
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| 34 | | - | to include specified provisions on or after a certain 21 |
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| 35 | | - | date; requiring the Department of Management Services 22 |
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| 36 | | - | to develop a specified form; providing an effective 23 |
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| 37 | | - | date. 24 |
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| 38 | | - | 25 |
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| 31 | + | common carriers under certain circumstances; requiring 18 |
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| 32 | + | specified governmental entity contracts with commo n 19 |
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| 33 | + | carriers to include specified provisions on or after a 20 |
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| 34 | + | certain date; requiring the Department of Management 21 |
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| 35 | + | Services to develop a specified form; providing an 22 |
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| 36 | + | effective date. 23 |
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| 37 | + | 24 |
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| 38 | + | Be It Enacted by the Legislature of the State of Florida: 25 |
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| 51 | | - | Be It Enacted by the Legisla ture of the State of Florida: 26 |
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| 52 | | - | 27 |
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| 53 | | - | Section 1. Subsection (6) of section 908.102, Florida 28 |
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| 54 | | - | Statutes, is amended to read: 29 |
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| 55 | | - | 908.102 Definitions. —As used in this chapter, the term: 30 |
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| 56 | | - | (6) "Sanctuary policy" means a law, policy, practice, 31 |
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| 57 | | - | procedure, or custom ad opted or allowed by a state entity or 32 |
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| 58 | | - | local governmental entity which prohibits or impedes a law 33 |
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| 59 | | - | enforcement agency from complying with 8 U.S.C. s. 1373 or which 34 |
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| 60 | | - | prohibits or impedes a law enforcement agency from communicating 35 |
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| 61 | | - | or cooperating with a federal immigration agency so as to limit 36 |
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| 62 | | - | such law enforcement agency in, or prohibit the agency from: 37 |
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| 63 | | - | (a) Complying with an immigration detainer; 38 |
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| 64 | | - | (b) Complying with a request from a federal immigration 39 |
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| 65 | | - | agency to notify the agency before the release of an inm ate or 40 |
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| 66 | | - | detainee in the custody of the law enforcement agency; 41 |
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| 67 | | - | (c) Providing a federal immigration agency access to an 42 |
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| 68 | | - | inmate for interview; 43 |
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| 69 | | - | (d) Participating in any program or agreement authorized 44 |
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| 70 | | - | under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 45 |
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| 71 | | - | 1357 as required by s. 908.11 ; or 46 |
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| 72 | | - | (e) Providing a federal immigration agency with an 47 |
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| 73 | | - | inmate's incarceration status or release date ; or 48 |
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| 74 | | - | (f) Providing information to a state entity on the 49 |
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| 75 | | - | immigration status of an inmate or detainee in the custo dy of 50 |
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| 51 | + | 26 |
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| 52 | + | Section 1. Subsection (6) of section 908.102, Florida 27 |
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| 53 | + | Statutes, is amended to read: 28 |
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| 54 | + | 908.102 Definitions. —As used in this chapter, the term: 29 |
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| 55 | + | (6) "Sanctuary policy" means a law, policy, practice, 30 |
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| 56 | + | procedure, or custom adopted or allowed by a state entity or 31 |
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| 57 | + | local governmental entity which prohibits or impedes a law 32 |
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| 58 | + | enforcement agency from complying with 8 U.S.C. s. 1373 or which 33 |
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| 59 | + | prohibits or impedes a law enforcement agency from communicating 34 |
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| 60 | + | or cooperating with a federal immigration agency so as to limit 35 |
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| 61 | + | such law enforcement agency in, or prohibit the agency from: 36 |
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| 62 | + | (a) Complying with an immigration detainer; 37 |
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| 63 | + | (b) Complying with a request from a federal immigration 38 |
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| 64 | + | agency to notify the agency before the release of an inmate or 39 |
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| 65 | + | detainee in the custody of the law enfo rcement agency; 40 |
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| 66 | + | (c) Providing a federal immigration agency access to an 41 |
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| 67 | + | inmate for interview; 42 |
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| 68 | + | (d) Participating in any program or agreement authorized 43 |
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| 69 | + | under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 44 |
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| 70 | + | 1357 as required by s. 908.11 ; or 45 |
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| 71 | + | (e) Providing a federal immigration agency with an 46 |
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| 72 | + | inmate's incarceration status or release date ; or 47 |
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| 73 | + | (f) Providing information to a state entity on the 48 |
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| 74 | + | immigration status of an inmate or detainee in the custody of 49 |
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| 75 | + | the law enforcement agency . 50 |
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| 88 | | - | the law enforcement agency . 51 |
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| 89 | | - | Section 2. Section 908.11, Florida Statutes, is created to 52 |
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| 90 | | - | read: 53 |
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| 91 | | - | 908.11 Immigration enforcement assistance agreements; 54 |
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| 92 | | - | reporting requirement. — 55 |
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| 93 | | - | (1) By January 1, 2023, each law enforcement agency 56 |
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| 94 | | - | operating a county detention facility must enter into a written 57 |
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| 95 | | - | agreement with the United States Immigration and Customs 58 |
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| 96 | | - | Enforcement to participate in the immigration program 59 |
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| 97 | | - | established under s. 287(g) of the Immigration and Nationality 60 |
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| 98 | | - | Act, 8 U.S.C. s. 1357. This subsectio n does not require a law 61 |
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| 99 | | - | enforcement agency to participate in a particular program model. 62 |
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| 100 | | - | (2) Beginning no later than October 1, 2022, and until the 63 |
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| 101 | | - | law enforcement agency enters into the written agreement 64 |
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| 102 | | - | required under subsection (1), each law enforcement agency 65 |
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| 103 | | - | operating a county detention facility must notify the Department 66 |
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| 104 | | - | of Law Enforcement quarterly of the status of such written 67 |
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| 105 | | - | agreement and any reason for noncompliance with this section, if 68 |
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| 106 | | - | applicable. 69 |
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| 107 | | - | Section 3. Section 908.111, Flor ida Statutes, is created 70 |
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| 108 | | - | to read: 71 |
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| 109 | | - | 908.111 Prohibition against governmental entity contracts 72 |
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| 110 | | - | with common carriers or contracted carriers; required 73 |
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| 111 | | - | termination provisions. — 74 |
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| 112 | | - | (1) As used in this section, the term: 75 |
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| 88 | + | Section 2. Section 908.11, Florida Statutes, is created to 51 |
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| 89 | + | read: 52 |
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| 90 | + | 908.11 Immigration enforcement assistance agreements; 53 |
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| 91 | + | reporting requirement. — 54 |
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| 92 | + | (1) By January 1, 2023, each law enforcement agency 55 |
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| 93 | + | operating a county detention facility must enter into a written 56 |
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| 94 | + | agreement with the United States Immigration and Customs 57 |
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| 95 | + | Enforcement to participate in the immigration program 58 |
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| 96 | + | established under s. 287(g) of the Immigration and Nationality 59 |
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| 97 | + | Act, 8 U.S.C. s. 1357. This subsection does not require a law 60 |
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| 98 | + | enforcement agency to participate in a particular program model. 61 |
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| 99 | + | (2) Beginning no later than October 1, 2022, and until the 62 |
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| 100 | + | law enforcement agency enters into the written agreement 63 |
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| 101 | + | required under subsection (1), each law enforcement agency 64 |
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| 102 | + | operating a county detention facility must notify the Department 65 |
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| 103 | + | of Law Enforcement quarterly of the status of such written 66 |
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| 104 | + | agreement and any reason for noncompliance with this section, if 67 |
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| 105 | + | applicable. 68 |
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| 106 | + | Section 3. Section 908.111, Florida Statutes, is cr eated 69 |
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| 107 | + | to read: 70 |
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| 108 | + | 908.111 Prohibition against governmental entity contracts 71 |
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| 109 | + | with common carriers; required termination provisions. — 72 |
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| 110 | + | (1) As used in this section, the term: 73 |
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| 111 | + | (a) "Common carrier" means a person, firm, or corporation 74 |
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| 112 | + | that undertakes for hire , as a regular business, to transport 75 |
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| 125 | | - | (a) "Common carrier" means a person, fir m, or corporation 76 |
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| 126 | | - | that undertakes for hire, as a regular business, to transport 77 |
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| 127 | | - | persons or commodities from place to place, offering his or her 78 |
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| 128 | | - | services to all such as may choose to employ the common carrier 79 |
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| 129 | | - | and pay his or her charges. 80 |
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| 130 | | - | (b) "Contract" means an agreement that is subject to the 81 |
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| 131 | | - | competitive procurement requirements of the contracting 82 |
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| 132 | | - | governmental entity or an agreement for an amount or duration 83 |
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| 133 | | - | requiring it to include written provisions under the procurement 84 |
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| 134 | | - | requirements of the contracting go vernmental entity. 85 |
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| 135 | | - | (c) "Governmental entity" means an agency of the state, a 86 |
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| 136 | | - | regional or local government created by the State Constitution 87 |
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| 137 | | - | or by general or special act, a county or municipality, or any 88 |
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| 138 | | - | other entity that independently exercises governmen tal 89 |
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| 139 | | - | authority. 90 |
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| 140 | | - | (d) "Unauthorized alien" means a person who is unlawfully 91 |
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| 141 | | - | present in the United States according to the terms of the 92 |
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| 142 | | - | Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The 93 |
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| 143 | | - | term shall be interpreted consistently with any applicable 94 |
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| 144 | | - | federal statutes, rules, or regulations. 95 |
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| 145 | | - | (2) A governmental entity may not execute, amend, or renew 96 |
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| 146 | | - | a contract, including a grant agreement or economic incentive 97 |
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| 147 | | - | program payment agreement, with a common carrier or contracted 98 |
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| 148 | | - | carrier if the carrier is wil lfully providing any service in 99 |
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| 149 | | - | furtherance of transporting a person into the state knowing that 100 |
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| 125 | + | persons or commodities from place to place offering his or her 76 |
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| 126 | + | services to all such as may choose to employ the common carrier 77 |
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| 127 | + | and pay his or her charges. 78 |
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| 128 | + | (b) "Governmental entity" means an agency of the state, a 79 |
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| 129 | + | regional or a local government created by the State Constitution 80 |
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| 130 | + | or by general or special act, a county or municipality, or any 81 |
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| 131 | + | other entity that independently exercises governmental 82 |
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| 132 | + | authority. 83 |
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| 133 | + | (c) "Unauthorized alien" means a person who is not 84 |
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| 134 | + | authorized under federal law to be employed in the United 85 |
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| 135 | + | States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall 86 |
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| 136 | + | be interpreted consistently with that section and any applicable 87 |
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| 137 | + | federal rules or regulations. 88 |
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| 138 | + | (2) A governmental entity may not execute, amend, or renew 89 |
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| 139 | + | a contract with a common carrier if the carrier is willfully 90 |
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| 140 | + | providing any service in furtherance of transporting an 91 |
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| 141 | + | unauthorized alien into the State of Florida knowing that the 92 |
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| 142 | + | unauthorized alien entered into or remains in the United States 93 |
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| 143 | + | in violation of law. 94 |
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| 144 | + | (3) A contract between a governmental entity and a common 95 |
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| 145 | + | carrier which is executed, amended, or renewed on or after 96 |
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| 146 | + | October 1, 2022, including a grant agreement or economic 97 |
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| 147 | + | incentive program payment agreement, must include: 98 |
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| 148 | + | (a) An attestation by the common carrier, verified as 99 |
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| 149 | + | provided in s. 92.525, that the common carrier is not willfully 100 |
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| 162 | | - | the person is an unauthorized alien, except to facilitate the 101 |
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| 163 | | - | detention of the person, or the removal or departure of the 102 |
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| 164 | | - | person from the state or the United S tates. 103 |
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| 165 | | - | (3) A contract between a governmental entity and a common 104 |
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| 166 | | - | carrier or contracted carrier which is executed, amended, or 105 |
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| 167 | | - | renewed on or after October 1, 2022, including a grant agreement 106 |
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| 168 | | - | or economic incentive program payment agreement, must include: 107 |
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| 169 | | - | (a) An attestation by the common carrier or contracted 108 |
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| 170 | | - | carrier, in conformity with s. 92.525, that the common carrier 109 |
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| 171 | | - | or contracted carrier is not willfully providing and will not 110 |
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| 172 | | - | willfully provide any service during the contract term in 111 |
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| 173 | | - | furtherance of transporting a person into the state knowing that 112 |
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| 174 | | - | the person is an unauthorized alien, except to facilitate the 113 |
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| 175 | | - | detention of the person, or the removal or departure of the 114 |
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| 176 | | - | person from the state or the United States. A governmental 115 |
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| 177 | | - | entity is deemed to be in compliance with subsection (2) upon 116 |
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| 178 | | - | receipt of the common carrier's or contracted carrier's 117 |
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| 179 | | - | attestation; and 118 |
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| 180 | | - | (b) A provision for termination for cause of the contract, 119 |
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| 181 | | - | including a grant agreement or economic incentive program 120 |
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| 182 | | - | payment agreement, if a comm on carrier or contracted carrier is 121 |
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| 183 | | - | found in violation of its attestation. 122 |
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| 184 | | - | (4) The Department of Management Services shall develop by 123 |
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| 185 | | - | rule a common carrier and contracted carrier attestation form no 124 |
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| 186 | | - | later than August 30, 2022 . 125 |
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| 187 | | - | |
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| 188 | | - | CS/HB 1355 2022 |
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| 189 | | - | |
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| 190 | | - | |
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| 191 | | - | |
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| 192 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 193 | | - | hb1355-01-c1 |
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| 194 | | - | Page 6 of 6 |
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| 195 | | - | 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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| 196 | | - | |
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| 197 | | - | |
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| 198 | | - | |
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| 199 | | - | Section 4. This act sha ll take effect upon becoming a law. 126 |
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| 162 | + | providing and will not willfully provide any service during the 101 |
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| 163 | + | contract term in furtherance of transporting an unauthorized 102 |
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| 164 | + | alien into the state k nowing that the unauthorized alien entered 103 |
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| 165 | + | into or remains in the United States in violation of law. A 104 |
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| 166 | + | governmental entity is deemed to be in compliance with 105 |
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| 167 | + | subsection (2) upon receipt of the common carrier's attestation. 106 |
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| 168 | + | (b) A provision for termination for cause of the contract, 107 |
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| 169 | + | grant agreement, or economic incentive program payment agreement 108 |
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| 170 | + | if a common carrier, despite the attestation, is found to be 109 |
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| 171 | + | willfully providing any service in furtherance of transporting 110 |
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| 172 | + | an unauthorized alien into the state kn owing the unauthorized 111 |
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| 173 | + | alien entered into or remains in the United States in violation 112 |
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| 174 | + | of law. 113 |
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| 175 | + | (4) The Department of Management Services shall develop by 114 |
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| 176 | + | rule a common carrier attestation form no later than August 30, 115 |
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| 177 | + | 2022. 116 |
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| 178 | + | Section 4. This act shall take effect upon becoming a law. 117 |
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