The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: SB 1808
INTRODUCER: Senators Bean and Rodrigues
SUBJECT: Immigration Enforcement
DATE: February 18, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Davis Cibula JU Favorable
2. Davis/Kolich Sadberry AP Pre-meeting
3. RC
I. Summary:
SB 1808 amends the federal immigration enforcement laws that were enacted in 2019. The laws
prohibit sanctuary policies and seek to ensure that state and local entities and law enforcement
agencies cooperate with federal government officials to enforce, and not obstruct, immigration
laws.
The bill changes three areas of the existing immigration enforcement statutes. Specifically, the
bill:
Expands the definition of “sanctuary policy” to include any law, policy, practice, procedure,
or custom of any state or local governmental entity that prohibits a law enforcement agency
from providing to any state entity information on the immigration status of a person in the
custody of the law enforcement agency.
Requires each law enforcement agency that operates a county detention facility to enter into a
“287(g) Agreement” with United States Immigration and Customs Enforcement (ICE) by
January 1, 2023.
Prohibits state and local governmental entities from contracting with common carriers that
willfully transport an unauthorized alien into the state, knowing the unauthorized alien
entered or remains in the country in violation of the law. The bill also specifies that contracts,
including a grant agreement or economic incentive program, must include certain provisions
attesting that the common carrier is not, and will not, willfully provide the prohibited services
to an unauthorized alien.
The bill does not appear to have a fiscal impact on state revenues or expenditures.
REVISED: BILL: SB 1808 Page 2
II. Present Situation:
Federal Immigration Enforcement Statutes
In 2019, the Legislature passed federal immigration enforcement legislation.
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The act sought to
ensure that state and local entities and law enforcement agencies cooperate with federal
government officials to enforce, and not obstruct, immigration laws. In its most general and
broad terms, the law prohibits sanctuary policies and requires law enforcement agencies to
support the enforcement of federal immigration law. When local law enforcement agencies work
with federal immigration officials, aliens who have committed serious crimes are more easily
identified and removed.
Definition of Sanctuary Policy
Section 908.102(6), F.S., defines a “sanctuary policy” as: a law, policy, practice, procedure, or
custom that is adopted or allowed by a state entity or local governmental entity which:
Prohibits or impedes a law enforcement agency from complying with 8 U.S.C. s. 1373;
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or
Prohibits or impedes a law enforcement agency from communicating or cooperating with a
federal immigration agency so as to limit the law enforcement agency in, or prohibit the
agency from:
o Complying with an immigration detainer;
o Complying with a request from a federal immigration agency to notify the agency before
the release of an inmate or detainee in the custody of the law enforcement agency;
o Providing a federal immigration agency access to an inmate for interview;
o Participating in any program or agreement authorized under s. 287 of the Immigration
and Nationality Act, 8 U.S.C. s. 1357; or
o Providing a federal immigration agency with an inmate's incarceration status or release
date.
Immigration Enforcement Assistance Agreements
Overview
The Immigration and Nationality Act
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contains a provision in s. 287(g) which established what is
commonly referred to today as the “ICE 287(g) Program” (program). The program is a
delegation of federal authority that authorizes the Director of ICE to enter into a partnership
agreement with a state or local law enforcement entity. Under the terms of the agreement,
designated law enforcement officers, who are specially trained and supervised, may perform
limited immigration law enforcement activities within their respective jurisdictions. The
1
Chapter 2019-102, Laws of Fla. The law was challenged in City of South Miami v. DeSantis, --- F.Supp.3d ----,
2021WL 4272017 (S.D. Fla. Sept. 21, 2021). Several provisions were held unconstitutional but severable from the remainder
of the law. The case was appealed to the Eleventh Circuit Court of Appeals on October 20, 2021, and is now pending.
2
8 U.S.C. s. 1373, addresses communication between government agencies and the Immigration and Naturalization Service.
The statute provides, in part: notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local
government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or
receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
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8 U.S. Code s. 1101 et seq. BILL: SB 1808 Page 3
agreements permit state and local law enforcement officers to identify, arrest, and serve warrants
and detainers on individuals who are foreign-born and have criminal charges or convictions.
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2019 State Immigration Enforcement Laws
Section 908.106, F.S., requires each county correctional facility to enter into an agreement with a
federal immigration agency for the temporary housing and payment of costs for people who are
the subject of immigration detainers. Since the 2019 immigration enforcement laws were
enacted, most of the state’s sheriffs have entered into 287(g) agreements with ICE to work
cooperatively with the federal government to enforce federal immigration laws.
Two 287(g) Models
The ICE website lists two types of 287(g) models: the Jail Enforcement Model (JEM) and, the
more limited, Warrant Service Officer Model (WSO).
The JEM “is designed to identify and process removable noncitizens with criminal or pending
criminal charges who are arrested by state or local” law enforcement agencies. The local ICE
Office of Enforcement and Removal Operation Field Office supervises the program and local
law enforcement officers are trained at the Federal Law Enforcement Training Center ICE
Academy located in Charleston, South Carolina.
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The WSO model is described as a narrower cooperative agreement. Under the provisions of this
model, state and local law enforcement officers are “trained, certified, and authorized by ICE to
perform limited functions of an immigration officer within the law enforcement agency’s jail
and/or correctional facilities” as described in the memorandum of agreement. Officers who are
nominated for the program are trained by certified instructors at a location that is located near the
law enforcement agency.
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Data
For Fiscal Year 2021, ICE reports that 287(g) programs accounted for the following encounters
involving noncitizens:
394 persons convicted for assault;
646 persons convicted for dangerous drugs;
74 persons convicted for sexual offenses or assaults;
53 persons convicted for obstructing police;
91 persons convicted for weapon offenses; and
21 persons convicted for homicide.
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According to ICE, as of November, 2021:
66 law enforcement agencies in 19 states have entered into 287(g) JEM agreements; and
4
United States Immigration and Customs Enforcement (ICE), Delegation of Immigration Authority Section 287(g)
Immigration and Nationality Act, (updated Dec. 15, 2021), available at https://www.ice.gov/identify-and-arrest/287g. (last
visited Feb. 14, 2022).
5
Id., “Types of Models.”
6
Id.
7
Id., “287(g) Successes.” BILL: SB 1808 Page 4
76 law enforcement agencies in 11 states have entered into 287(g) WSO agreements.
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Florida Law Enforcement Counties or Departments with 287(g) Agreements
The following 49 law enforcement agencies or counties in Florida have entered into 287(g)
agreements:
WSO Agreements:
o Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Columbia, DeSoto, Flagler,
Franklin, Hamilton, Hendry, Hernando, Highland, Holmes, Indian River, Jefferson,
Lafayette, Lake, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Monroe,
Nassau, Okeechobee, Osceola, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole,
St. Johns, Sumter, Suwannee, Taylor, Wakulla, and Walton Counties.
JEM Agreements:
o Clay, Collier, Hernando, Jacksonville-Duval, and Pasco Counties, and the Florida
Department of Corrections.
III. Effect of Proposed Changes:
The bill makes three changes to the existing immigration enforcement statutes. The bill:
Amends the definition of “sanctuary policy.”
Requires each law enforcement agency operating a county detention facility to enter into a
287(g) agreement with ICE.
Prohibits state and local governmental entities from contracting with common carriers that
willfully transport an unauthorized alien into the state, knowing the unauthorized alien
entered or remains in the country in violation of the law. The bill also specifies that contracts,
including a grant agreement or economic incentive program, must include certain provisions
attesting that the common carrier is not, and will not, willfully provide the prohibited services
to an unauthorized alien.
Definition of Sanctuary Policy (Section 1)
The bill expands the definition of “sanctuary policy” by adding a sixth element to the definition.
The definition is expanded to include any law, policy, practice, procedure, or custom of any state
or local government entity that prohibits or impedes a law enforcement agency from providing to
any state entity information on the immigration status of an inmate or detainee in the custody of
the law enforcement agency.
Immigration Enforcement Assistance Agreements (Section 2)
By January 1, 2023, each law enforcement agency that operates a county detention facility is
required to enter into a 287(g) agreement with ICE. However, the bill does not specify which
model program the law enforcement agency must choose.
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Id., “Participating Entities.” BILL: SB 1808 Page 5
Common Carrier Contracts (Section 3)
The final section of the bill defines the terms common carrier,
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governmental entity,
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and
unauthorized alien
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and provides contract specifications for governmental entities that enter into
contracts with common carriers.
Under this section, a governmental entity may not execute, amend, or renew a contract with a
common carrier if the carrier is willfully providing any service in furtherance of transporting an
unauthorized alien into the state knowing that the unauthorized alien entered into or remains in
the United States in violation of law.
Additionally, each contract executed, amended, or renewed between a governmental entity and a
common carrier on or after October 1, 2022, including a grant agreement or economic incentive
program payment agreement, must include:
An attestation
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by the common carrier that it is not willfully providing and will not willfully
provide any service during the term of the contract in furtherance of transporting an
unauthorized alien into the state knowing that the unauthorized alien entered into or remains
in the United States in violation of law. A governmental entity is deemed to be in compliance
with these provisions upon receipt of the common carrier’s attestation.
A provision for termination for cause of the contract, grant agreement, or economic incentive
program agreement if a common carrier, despite the attestation, is found to be willfully
providing any service in furtherance of transporting an unauthorized alien into the state
knowing the unauthorized alien entered into or remains in the United States in violation of
law.
The Department of Management Services is required to develop by rule, no later than
August 30, 2022, a common carrier attestation form.
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The bill defines “common carrier” to mean a person, firm, or corporation that undertakes for hire, as a regular business, to
transport persons or commodities from place to place offering his or her services to all such as may choose to employ the
common carrier and pay his or her charges.
10
The bill defines “governmental entity” to mean an agency of the state, a regional or a local government created by the State
Constitution or by general or special act, a county or municipality, or any other entity that independently exercises
governmental authority.
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The bill defines “unauthorized alien” to mean a person who is not authorized under federal law to be employed in the
United States, as described in 8 U.S.C. s. 1324a(h)(3). The term is to be interpreted consistently with that section and any
applicable federal rules or regulations.
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The attestation must be verified as provided in s. 92.525, F.S. which states, in part:
92.525 Verification of documents; perjury by false written declaration, penalty.—
(1) If authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document
be verified by a person, the verification may be accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths;
(b) Under oath or affirmation taken or administered by an officer authorized under s. 117.10, to administer oaths; or
(c) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the
foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the
declaration, except when a verification on information or belief is permitted by law, in which case the words “to the
best of my knowledge and belief” may be added. The written declaration shall be printed or typed at the end of or
immediately below the document being verified and above the signature of the person making the declaration.
(3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury by false
written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. BILL: SB 1808 Page 6
Effective Date (Section 4)
The bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill prohibits a governmental entity in Florida from entering into a contract with a
common carrier if such common carrier willfully provides any service in furtherance of
transporting an unauthorized alien in to Florida. The fiscal impact of the bill to common
carriers in indeterminate, since it is unknown how many governmental entities in Florida
have existing contracts with common carriers and will choose to contract for such
services in the future.
C. Government Sector Impact:
The bill may have an indeterminate negative fiscal impact on a local government that
provides funding to a law enforcement agency that is not currently participating in a 287
(g) agreement by requiring the local government to expend funds enforcing immigration
law in partnership with ICE.
BILL: SB 1808 Page 7
According to the Florid Department of Law Enforcement (FDLE), the FDLE’s Office of
Statewide Intelligence will be designated to receive quarterly reports required under the
bill. The FDLE does not regularly communicate with county detention facilities for these
purposes, and as a result will need to develop policies and procedures for the intake and
storage of the reports.
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However, the impact of this bill does not necessitate additional
full-time equivalent positions or resources.
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VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 908.102 of the Florida Statutes.
This bill creates the following sections of the Florida Statutes: 908.11 and 908.111.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
13
See FDLE, 2022 Agency Legislative Bill Analysis for SB 1808 at 5 (Jan. 19, 2022) (on file with the Senate Appropriations
Subcommittee on Agriculture, Environment, and General Government)
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Id.