ENROLLED 2022 Legislature CS for SB 1808, 1st Engrossed 20221808er 1 2 An act relating to immigration enforcement; amending 3 s. 900.05, F.S.; revising the type of data required to 4 be reported by the clerk of the court, county 5 detention facilities, and the Department of 6 Corrections as part of criminal justice data 7 collection; amending s. 908.102, F.S.; revising the 8 definition of the term sanctuary policy to include 9 specified laws, policies, practices, procedures, or 10 customs that limit or prohibit a law enforcement 11 agency from providing specified immigration 12 information to a state entity; creating s. 908.11, 13 F.S.; requiring each law enforcement agency operating 14 a county detention facility to enter into a specified 15 agreement with the United States Immigration and 16 Customs Enforcement to assist with immigration 17 enforcement; requiring such agency to report specified 18 information concerning such agreement quarterly to the 19 Department of Law Enforcement; creating s. 908.111, 20 F.S.; providing definitions; prohibiting a 21 governmental entity from executing, amending, or 22 renewing a contract with common carriers or contracted 23 carriers under certain circumstances; requiring 24 specified governmental entity contracts with common 25 carriers or contracted carriers to include specified 26 provisions on or after a certain date; requiring the 27 Department of Management Services to develop a 28 specified form; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1.Paragraphs (a), (d), and (e) of subsection (3) 33 of section 900.05, Florida Statutes, are amended to read: 34 900.05Criminal justice data collection. 35 (3)DATA COLLECTION AND REPORTING.An entity required to 36 collect data in accordance with this subsection shall collect 37 the specified data and report them in accordance with this 38 subsection to the Department of Law Enforcement on a monthly 39 basis. 40 (a)Clerk of the court.Each clerk of court shall collect 41 the following data for each criminal case: 42 1.Case number. 43 2.Date that the alleged offense occurred. 44 3.Date the defendant is taken into physical custody by a 45 law enforcement agency or is issued a notice to appear on a 46 criminal charge. 47 4.Whether the case originated by notice to appear. 48 5.Date that the criminal prosecution of a defendant is 49 formally initiated. 50 6.Arraignment date. 51 7.Attorney appointment date. 52 8.Attorney withdrawal date. 53 9.Case status. 54 10.Charge disposition. 55 11.Disposition date and disposition type. 56 12.Information related to each defendant, including: 57 a.Identifying information, including name, known aliases, 58 date of birth, race, ethnicity, and gender. 59 b.Zip code of last known address. 60 c.Primary language. 61 d.Citizenship. 62 e.Immigration status, if applicable. 63 f.Whether the defendant has been found to be indigent 64 under s. 27.52. 65 13.Information related to the charges filed against the 66 defendant, including: 67 a.Charge description. 68 b.Charge modifier description and statute, if applicable. 69 c.Drug type for each drug charge, if known. 70 d.Qualification for a flag designation as defined in this 71 section, including a domestic violence flag, gang affiliation 72 flag, sexual offender flag, habitual offender flag, habitual 73 violent felony offender flag, pretrial release violation flag, 74 prison releasee reoffender flag, three-time violent felony 75 offender flag, or violent career criminal flag. 76 14.Information related to bail or bond and pretrial 77 release determinations, including the dates of any such 78 determinations: 79 a.Pretrial release determination made at a first 80 appearance hearing that occurs within 24 hours of arrest, 81 including any monetary and nonmonetary conditions of release. 82 b.Modification of bail or bond conditions made by a court 83 having jurisdiction to try the defendant or, in the absence of 84 the judge of the trial court, by the circuit court, including 85 modifications to any monetary and nonmonetary conditions of 86 release. 87 c.Cash bail or bond payment, including whether the 88 defendant utilized a bond agent to post a surety bond. 89 d.Date defendant is released on bail, bond, or pretrial 90 release for the current case. 91 e.Bail or bond revocation due to a new offense, a failure 92 to appear, or a violation of the terms of bail or bond, if 93 applicable. 94 15.Information related to court dates and dates of motions 95 and appearances, including: 96 a.Date of any court appearance and the type of proceeding 97 scheduled for each date reported. 98 b.Date of any failure to appear in court, if applicable. 99 c.Deferred prosecution or pretrial diversion hearing, if 100 applicable. 101 d.Each scheduled trial date. 102 e.Date that a defendant files a notice to participate in 103 discovery. 104 f.Speedy trial motion date and each hearing date, if 105 applicable. 106 g.Dismissal motion date and each hearing date, if 107 applicable. 108 16.Defense attorney type. 109 17.Information related to sentencing, including: 110 a.Date that a court enters a sentence against a defendant. 111 b.Charge sentenced to, including charge sequence number, 112 and charge description. 113 c.Sentence type and length imposed by the court in the 114 current case, reported in years, months, and days, including, 115 but not limited to, the total duration of incarceration in a 116 county detention facility or state correctional institution or 117 facility, and conditions of probation or community control 118 supervision. 119 d.Amount of time served in custody by the defendant 120 related to each charge that is credited at the time of 121 disposition of the charge to reduce the imposed length of time 122 the defendant will serve on the term of incarceration that is 123 ordered by the court at disposition. 124 e.Total amount of court costs imposed by the court at the 125 disposition of the case. 126 f.Total amount of fines imposed by the court at the 127 disposition of the case. 128 g.Restitution amount ordered at sentencing. 129 18.The sentencing judge or magistrate, or their 130 equivalent. 131 (d)County detention facility.The administrator of each 132 county detention facility shall collect the following data: 133 1.Maximum capacity for the county detention facility. 134 2.Weekly admissions to the county detention facility for a 135 revocation of probation or community control. 136 3.Weekly admissions to the county detention facility for a 137 revocation of pretrial release. 138 4.Daily population of the county detention facility, 139 including the specific number of inmates in the custody of the 140 county that: 141 a.Are awaiting case disposition. 142 b.Have been sentenced by a court to a term of 143 incarceration in the county detention facility. 144 c.Have been sentenced by a court to a term of imprisonment 145 with the Department of Corrections and who are awaiting 146 transportation to the department. 147 d.Have a federal detainer, are awaiting disposition of a 148 case in federal court, or are awaiting other federal 149 disposition. 150 5.Information related to each inmate, including: 151 a.Identifying information, including name, date of birth, 152 race, ethnicity, gender, case number, and identification number 153 assigned by the county detention facility. 154 b.Immigration status. 155 c.b.Date when an inmate is processed and booked into the 156 county detention facility subsequent to an arrest for a new 157 violation of law, for a violation of probation or community 158 control, or for a violation of pretrial release. 159 d.c.Reason why an inmate is processed and booked into the 160 county detention facility, including a new law violation, a 161 violation of probation or community control, or a violation of 162 pretrial release. 163 e.d.Qualification for a flag designation as defined in 164 this section, including domestic violence flag, gang affiliation 165 flag, habitual offender flag, habitual violent felony offender 166 flag, pretrial release violation flag, sexual offender flag, 167 prison releasee reoffender flag, three-time violent felony 168 offender flag, or violent career criminal flag. 169 6.Total population of the county detention facility at 170 year-end. This data must include the same specified 171 classifications as subparagraph 4. 172 7.Per diem rate for a county detention facility bed. 173 8.Daily number of correctional officers for the county 174 detention facility. 175 9.Annual county detention facility budget. This 176 information only needs to be reported once annually at the 177 beginning of the countys fiscal year. 178 10.Annual revenue generated for the county from the 179 temporary incarceration of federal defendants or inmates. 180 (e)Department of Corrections.The Department of 181 Corrections shall collect the following data: 182 1.Information related to each inmate, including: 183 a.Identifying information, including name, date of birth, 184 race, ethnicity, gender, case number, and identification number 185 assigned by the department. 186 b.Immigration status. 187 c.b.Highest education level. 188 d.c.Date the inmate was admitted to the custody of the 189 department for his or her current incarceration. 190 e.d.Current institution placement and the security level 191 assigned to the institution. 192 f.e.Custody level assignment. 193 g.f.Qualification for a flag designation as defined in 194 this section, including sexual offender flag, habitual offender 195 flag, habitual violent felony offender flag, prison releasee 196 reoffender flag, three-time violent felony offender flag, 197 violent career criminal flag, gang affiliation flag, or 198 concurrent or consecutive sentence flag. 199 h.g.County that committed the prisoner to the custody of 200 the department. 201 i.h.Whether the reason for admission to the department is 202 for a new conviction or a violation of probation, community 203 control, or parole. For an admission for a probation, community 204 control, or parole violation, the department shall report 205 whether the violation was technical or based on a new violation 206 of law. 207 j.i.Specific statutory citation for which the inmate was 208 committed to the department, including, for an inmate convicted 209 of drug trafficking under s. 893.135, the statutory citation for 210 each specific drug trafficked. 211 k.j.Length of sentence served. 212 l.k.Length of concurrent or consecutive sentences served. 213 m.l.Tentative release date. 214 n.m.Gain time earned in accordance with s. 944.275. 215 o.n.Prior incarceration within the state. 216 p.o.Disciplinary violation and action. 217 q.p.Participation in rehabilitative or educational 218 programs while in the custody of the department. 219 r.q.Digitized sentencing scoresheet prepared in accordance 220 with s. 921.0024. 221 2.Information about each state correctional institution or 222 facility, including: 223 a.Budget for each state correctional institution or 224 facility. 225 b.Daily prison population of all inmates incarcerated in a 226 state correctional institution or facility. 227 c.Daily number of correctional officers for each state 228 correctional institution or facility. 229 3.Information related to persons supervised by the 230 department on probation or community control, including: 231 a.Identifying information for each person supervised by 232 the department on probation or community control, including his 233 or her name, date of birth, race, ethnicity, gender, case 234 number, and department-assigned case number. 235 b.Immigration status. 236 c.b.Length of probation or community control sentence 237 imposed and amount of time that has been served on such 238 sentence. 239 d.c.Projected termination date for probation or community 240 control. 241 e.d.Revocation of probation or community control due to a 242 violation, including whether the revocation is due to a 243 technical violation of the conditions of supervision or from the 244 commission of a new law violation. 245 4.Per diem rates for: 246 a.Prison bed. 247 b.Probation. 248 c.Community control. 249 250 This information only needs to be reported once annually at the 251 time the most recent per diem rate is published. 252 Section 2.Subsection (6) of section 908.102, Florida 253 Statutes, is amended to read: 254 908.102Definitions.As used in this chapter, the term: 255 (6)Sanctuary policy means a law, policy, practice, 256 procedure, or custom adopted or allowed by a state entity or 257 local governmental entity which prohibits or impedes a law 258 enforcement agency from complying with 8 U.S.C. s. 1373 or which 259 prohibits or impedes a law enforcement agency from communicating 260 or cooperating with a federal immigration agency so as to limit 261 such law enforcement agency in, or prohibit the agency from: 262 (a)Complying with an immigration detainer; 263 (b)Complying with a request from a federal immigration 264 agency to notify the agency before the release of an inmate or 265 detainee in the custody of the law enforcement agency; 266 (c)Providing a federal immigration agency access to an 267 inmate for interview; 268 (d)Participating in any program or agreement authorized 269 under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 270 1357 as required by s. 908.11; or 271 (e)Providing a federal immigration agency with an inmates 272 incarceration status or release date; or 273 (f)Providing information to a state entity on the 274 immigration status of an inmate or detainee in the custody of 275 the law enforcement agency. 276 Section 3.Section 908.11, Florida Statutes, is created to 277 read: 278 908.11Immigration enforcement assistance agreements; 279 reporting requirement. 280 (1)By January 1, 2023, each law enforcement agency 281 operating a county detention facility must enter into a written 282 agreement with the United States Immigration and Customs 283 Enforcement to participate in the immigration program 284 established under s. 287(g) of the Immigration and Nationality 285 Act, 8 U.S.C. s. 1357. This subsection does not require a law 286 enforcement agency to participate in a particular program model. 287 (2)Beginning no later than October 1, 2022, and until the 288 law enforcement agency enters into the written agreement 289 required under subsection (1), each law enforcement agency 290 operating a county detention facility must notify the Department 291 of Law Enforcement quarterly of the status of such written 292 agreement and any reason for noncompliance with this section, if 293 applicable. 294 Section 4.Section 908.111, Florida Statutes, is created to 295 read: 296 908.111Prohibition against governmental entity contracts 297 with common carriers; required termination provisions. 298 (1)As used in this section, the term: 299 (a)Common carrier means a person, firm, or corporation 300 that undertakes for hire, as a regular business, to transport 301 persons or commodities from place to place, offering his or her 302 services to all such as may choose to employ the common carrier 303 and pay his or her charges. 304 (b)Contract means a contract that is subject to the 305 competitive procurement requirements of the contracting 306 governmental entity or a contract for an amount or duration 307 requiring it to include written provisions under the procurement 308 requirements of the governmental entity. 309 (c)Governmental entity means an agency of the state, a 310 regional or local government created by the State Constitution 311 or by a general or special act, a county or municipality, or any 312 other entity that independently exercises governmental 313 authority. 314 (d)Unauthorized alien means a person who is unlawfully 315 present in the United States according to the terms of the 316 federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et 317 seq. The term shall be interpreted consistently with any 318 applicable federal statutes, rules, or regulations. 319 (2)A governmental entity may not execute, amend, or renew 320 a contract with a common carrier or contracted carrier if the 321 carrier is willfully providing any service in furtherance of 322 transporting a person into the State of Florida knowing that the 323 person is an unauthorized alien, except to facilitate the 324 detention, removal, or departure of the person from this state 325 or the United States. 326 (3)A contract between a governmental entity and a common 327 carrier or contracted carrier which is executed, amended, or 328 renewed on or after October 1, 2022, including a grant agreement 329 or economic incentive program payment agreement, must include: 330 (a)An attestation by the common carrier or contracted 331 carrier, in conformity with s. 92.525, that the common carrier 332 or contracted carrier is not willfully providing and will not 333 willfully provide any service during the contract term in 334 furtherance of transporting a person into this state knowing 335 that the person is an unauthorized alien, except to facilitate 336 the detention, removal, or departure of the person from this 337 state or the United States. A governmental entity is deemed to 338 be in compliance with subsection (2) upon receipt of the common 339 carriers or contracted carriers attestation; and 340 (b)A provision for termination for cause of the contract, 341 grant agreement, or economic incentive program payment agreement 342 if a common carrier or contracted carrier is found in violation 343 of its attestation. 344 (4)The Department of Management Services shall develop by 345 rule a common carrier and contracted carrier attestation form no 346 later than August 30, 2022. 347 Section 5.This act shall take effect upon becoming a law.