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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 unlawful immigration; amending s. 2
97.051, F.S.; revising the oath taken by a person 3
registering to vote; creating ss. 125.0156 and 4
166.246, F.S.; prohibiting counties and 5
municipalities, respectively, from providing funds to 6
any person, entity, or organization to issue 7
identification documents to an individual who does not 8
provide proof of lawful presence in the United States; 9
creating s. 322.033, F.S.; specifying that certain 10
driver licenses and permits issued by other states 11
exclusively to unauthorized immigrants are not valid 12
in this state; requiring law enforcement officers and 13
authorized representatives of the Department of 14
Highway Safety and Motor Vehicles to cite a person 15
driving with a such a license; requiring the 16
department to maintain a list on its website of out -17
of-state classes of driver licenses that are invalid 18
in this state; amending s. 322.04, F.S.; revising the 19
circumstances under which certain persons are exempt 20
from obtaining a driver license; creating s. 395.3027, 21
F.S.; requiring certain hospitals to collect patient 22
immigration status data information on admission or 23
registration forms; requiring a statement on such 24
forms specifying that patient care will be unaffected; 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
requiring hospitals to submit quarterly reports to the 26
Agency for Health Care Administration containing 27
specified information; requiring the agency to submit 28
an annual report to the Governor and the Legislature 29
containing specified information; authorizing the 30
agency to adopt rules; prohibiting rules requi ring the 31
disclosure of patient names to the agency; amending s. 32
448.095, F.S.; requiring private employers to use the 33
E-Verify system to verify the employment eligibility 34
of persons who accept employment offers or renewals or 35
extensions of employment contr acts; requiring 36
employers to retain a copy of the official 37
verification obtained from the E -Verify system and 38
supporting documentation for a specified amount of 39
time; revising liability requirements for private 40
employers relating to employment verification ; 41
authorizing the Department of Economic Opportunity to 42
enforce requirements to use E -Verify and to conduct 43
random audits of employers; revising the circumstances 44
under which a private employer's licenses must be 45
revoked; authorizing persons to file compla ints with 46
the department relating to the employment of 47
unauthorized aliens; providing a criminal penalty for 48
false or frivolous complaints; authorizing the 49
department to investigate such complaints; requiring 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 department to notify United States Immigrat ion and 51
Customs Enforcement of unauthorized aliens under 52
certain circumstances; providing a criminal penalty 53
for providing a false identification document or 54
fraudulently using the identification document of 55
another person for the purpose of obtaining 56
employment; providing that certain actions are 57
considered deceptive and unfair trade practices 58
subject to specified provisions; amending s. 454.021, 59
F.S.; deleting a provision authorizing an unauthorized 60
immigrant to obtain a license to practice law in this 61
state under certain circumstances; providing 62
applicability; amending s. 943.325, F.S.; revising the 63
definition of the term "qualifying offender" to 64
include certain persons who are the subject of an 65
immigration detainer; requiring certain qualifying 66
offenders to submit DNA samples at a specified time; 67
requiring law enforcement agencies to immediately take 68
DNA samples from certain qualifying offenders under 69
certain circumstances; providing an effective date. 70
71
Be It Enacted by the Legislature of the State of Florida: 72
73
Section 1. Section 97.051, Florida Statutes, is amended to 74
read: 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
97.051 Oath upon registering. —A person registering to vote 76
must subscribe to the following oath: "I do solemnly swear (or 77
affirm) that I will protect and defend the Constitut ion of the 78
United States and the Constitution of the State of Florida, that 79
I am a citizen of the United States and a legal resident of 80
Florida, that I am qualified to register as an elector under the 81
Constitution and laws of the State of Florida, and that all 82
information provided in this application is true." 83
Section 2. Section 125.0156, Florida Statutes, is created 84
to read: 85
125.0156 Restriction on providing funds for identification 86
documents.—A county may not provide funds to any person, entity, 87
or organization for the purpose of issuing an identification 88
card or document to an individual who does not provide proof of 89
lawful presence in the United States. 90
Section 3. Section 166.246, Florida Statutes, is created 91
to read: 92
166.246 Restriction on p roviding funds for identification 93
documents.—A municipality may not provide funds to any person, 94
entity, or organization for the purpose of issuing an 95
identification card or document to an individual who does not 96
provide proof of lawful presence in the Uni ted States. 97
Section 4. Section 322.033, Florida Statutes, is created 98
to read: 99
322.033 Unauthorized aliens; invalid out -of-state driver 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
licenses.— 101
(1) If a driver license is of a class of licenses issued 102
by another state exclusively to undocumented immigrants who are 103
unable to prove lawful presence in the United States when the 104
licenses are issued, the driver license, or other permit 105
purporting to authorize the holder to operate a motor vehicle on 106
public roadways, is invalid in this state and does no t authorize 107
the holder to operate a motor vehicle in this state. Such 108
classes of licenses include licenses that are issued exclusively 109
to undocumented immigrants or licenses that are substantially 110
the same as licenses issued to citizens, residents, or thos e 111
lawfully present in the United States but have markings 112
establishing that the license holder did not exercise the option 113
of providing proof of lawful presence. 114
(2) A law enforcement officer or other authorized 115
representative of the department who stops a person driving with 116
an invalid license as described in subsection (1) and driving 117
without a valid license shall issue a citation to the driver for 118
driving without a license in violation of s. 322.03. 119
(3) The department, to facilitate the enforcement o f this 120
section and to aid in providing notice to the public and 121
visitors of invalid licenses, shall maintain on its website a 122
list of out-of-state classes of driver licenses that are invalid 123
in this state. 124
Section 5. Section 322.04, Florida Statutes, i s amended to 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
read: 126
322.04 Persons exempt from obtaining driver license. — 127
(1) The following persons are exempt from obtaining a 128
driver license: 129
(a) Any employee of the United States Government, while 130
operating a noncommercial motor vehicle owned by or leased to 131
the United States Government and being operated on official 132
business. 133
(b) Any person while driving or operating any road 134
machine, farm tractor, or implement of husbandry temporarily 135
operated or moved on a highway. 136
(c) A nonresident who is at least 16 years of age and who 137
has in his or her immediate possession a valid noncommercial 138
driver license issued to the nonresident in his or her home 139
state or country operating a motor vehicle of the type for which 140
a Class E driver license is required in this state, if the 141
nonresident's license is not invalid under s. 322.033 relating 142
to proof of the licensee's lawful presence in the United States . 143
(d) A nonresident who is at least 18 years of age and who 144
has in his or her immediate possession a valid n oncommercial 145
driver license issued to the nonresident in his or her home 146
state or country operating a motor vehicle, other than a 147
commercial motor vehicle, in this state , if the nonresident's 148
license is not invalid under s. 322.033 relating to proof of the 149
licensee's lawful presence in the United States . 150
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(e) Any person operating a golf cart, as defined in s. 151
320.01, which is operated in accordance with the provisions of 152
s. 316.212. 153
(2) This section does not apply to any person to whom s. 154
322.031 applies. 155
(3) Any person working for a firm under contract to the 156
United States Government whose residence is outside this state 157
and whose main point of employment is outside this state may 158
drive a noncommercial vehicle on the public roads of this state 159
for periods up to 60 days while in this state on temporary duty, 160
if the person has a valid driver license from the state of the 161
person's residence and if the license is not invalid under s. 162
322.033 relating to proof of the licensee's lawful presence in 163
the United States. 164
Section 6. Section 395.3027, Florida Statutes, is created 165
to read: 166
395.3027 Patient immigration status data collection. — 167
(1) Each hospital that accepts Medicaid must include a 168
provision on its patient admission or registration forms for the 169
patient or the patient's representative to state or indicate 170
whether the patient is a United States citizen or lawfully 171
present in the United States or is not lawfully present in the 172
United States. The inquiry must be followed by a statement that 173
the response will not affect patient care or result in a report 174
of the patient's immigration status to immigration authorities. 175
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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
(2) Each hospital must submit a quarterly report to the 176
agency within 30 days after the end of each calendar quarter 177
which reports the number of hospital admissions or visits within 178
the previous quarter that were made by a patient who indicated 179
that he or she was a citizen of the United States or lawfully 180
present in the United States, was not lawfully present in the 181
United States, or dec lined to answer. 182
(3) By March 1 of each year, the agency shall submit a 183
report to the Governor, the President of the Senate, and the 184
Speaker of the House of Representatives which includes the total 185
number of hospital admissions and visits for the previou s 186
calendar year for which the patient or patient's representative 187
reported that the patient was a citizen of the United States or 188
lawfully present in the United States, was not lawfully present 189
in the United States, or declined to answer. The report must 190
also describe information relating to the costs of uncompensated 191
care for aliens who are not lawfully present in the United 192
States, the impact of uncompensated care on the cost or ability 193
of hospitals to provide services to the public, hospital funding 194
needs, and other related information. 195
(4) The agency may adopt rules relating to the format and 196
information to be contained in quarterly reports and the 197
acceptable formats for hospitals to use in requesting 198
information regarding a patient's immigration statu s on hospital 199
admission or registration forms. The rules may not require the 200
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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
disclosure of patient names to the agency. 201
Section 7. Subsection (4) of section 448.095, Florida 202
Statutes, is renumbered as subsection (7), new subsections (4), 203
(5), and (6) are added to that section, and subsection (3) of 204
that section is amended, to read: 205
448.095 Employment eligibility. — 206
(3) PRIVATE EMPLOYERS. — 207
(a) A private employer shall verify a person's employment 208
eligibility using the E -Verify system within 30 days Beginning 209
January 1, 2021, a private employer shall, after making an offer 210
of employment which has been accepted by a person, and within 30 211
days after a person accepts a renewal or extension of an 212
employment contract with the employer. The employer must r etain 213
a copy of the official verification generated by the E -Verify 214
system and any supporting documentation used to generate the 215
verification for at least 3 years after the date the 216
verification was generated verify such person's employment 217
eligibility. A private employer is not required to verify the 218
employment eligibility of a continuing employee hired before 219
January 1, 2021. However, if a person is a contract employee 220
retained by a private employer, the private employer must verify 221
the employee's employm ent eligibility upon the renewal or 222
extension of his or her contract. 223
(b) A private employer shall verify a person's employment 224
eligibility by: 225
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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
1. Using the E-Verify system; or 226
2. Requiring the person to provide the same documentation 227
that is required by the United States Citizenship and 228
Immigration Services on its Employment Eligibility Verification 229
form (Form I-9). The private employer must retain a copy of the 230
documentation provided under this subparagraph for at least 3 231
years after the person's in itial date of employment. 232
(b)(c) A private employer that reasonably and in good 233
faith relies on identification documents submitted by an 234
applicant or employee and complies with this subsection may not 235
be held civilly or criminally liable under state law for hiring, 236
continuing to employ, or refusing to hire an unauthorized alien 237
if the information obtained from the E-Verify system pursuant to 238
paragraph (a) under paragraph (b) indicates that the person's 239
work authorization status was not that of an unauthor ized alien. 240
(d) For purposes of this subsection, compliance with 241
paragraph (b) creates a rebuttable presumption that a private 242
employer did not knowingly employ an unauthorized alien in 243
violation of s. 448.09(1). 244
(c)(e) For the purpose of enforcement o f this section, the 245
following persons or entities may request, and a private 246
employer must provide, copies of any documentation relied upon 247
by the private employer for the verification of a person's 248
employment eligibility , including, but not limited to, an y 249
documentation required under paragraph (b) : 250
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1. The Department of Law Enforcement. 251
2. The Attorney General. 252
3. The state attorney. 253
4. The statewide prosecutor. 254
5. The Department of Economic Opportunity. 255
256
A person or entity that makes a request under this paragraph 257
must rely upon the federal government to verify a person's 258
employment eligibility and may not independently make a final 259
determination as to whether a person is an unauthorized alien. 260
(d) The Department of Economic Opportunity is aut horized 261
to conduct random audits of employers for compliance with 262
paragraph (a). The department may not audit an employer more 263
than once every 5 years unless an audit within the previous 24 264
months found the employer out of compliance with paragraph (a) 265
or the employer or an agent or employee of the employer was 266
convicted of employing an unauthorized alien in violation of s. 267
448.09 or in violation of federal immigration law. 268
(e)(f) If a private employer does not comply with 269
paragraph (a) (b), the department shall require the private 270
employer to provide an affidavit to the department stating that 271
the private employer will comply with paragraph (a) (b), the 272
private employer has terminated the employment of all 273
unauthorized aliens employed in this state, and the employer 274
will not intentionally or knowingly employ an unauthorized alien 275
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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
in this state. If the private employer does not provide the 276
required affidavit within 30 days after the department's 277
request, the appropriate licensing agency shall suspend all 278
applicable licenses held by the private employer until the 279
private employer provides the department with the required 280
affidavit. For purposes of this paragraph, the licenses that are 281
subject to suspension under this paragraph are all licenses that 282
are held by the private employer specific to the business 283
location where the unauthorized alien performed work. If the 284
private employer does not hold a license specific to the 285
business location where the unauthorized alien performed work, 286
but a license is necessary to operate the private employer's 287
business in general, the licenses that are subject to suspension 288
under this paragraph are all licenses that are held by the 289
private employer at the private employer's primary place of 290
business. 291
(f)(g) For any private employer found to have violated 292
paragraph (e) two (f) three times within any 24-month 36 month 293
period, the appropriate licensing agency shall permanently 294
revoke all licenses that are held by the private employer 295
specific to the business locatio n where the unauthorized alien 296
performed work. If the private employer does not hold a license 297
specific to the business location where the unauthorized alien 298
performed work, but a license is necessary to operate the 299
private employer's business in general, the appropriate 300
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licensing agency shall permanently revoke all licenses that are 301
held by the private employer at the private employer's primary 302
place of business. 303
(g) A person who has a good faith belief that an employer 304
is employing an unauthorized alien may file a complaint with the 305
department. 306
(h) A person who knowingly files a false or frivolous 307
complaint under this subsection, including any complaint that 308
violates federal law, commits a misdemeanor of the second 309
degree, punishable as provided in s. 775.082 or s. 775.083. 310
(i) Upon receipt of a valid complaint substantiated by 311
evidence of a violation of paragraph (a), the department must 312
notify the employer of the complaint and direct the employer to 313
notify any employees named in the complaint. 314
(j) The department shall request that the Federal 315
Government verify, pursuant to 8 U.S.C. s. 1373(c), the 316
citizenship or immigration status of any employee named in the 317
complaint, and the department must rely upon such verification. 318
(k) Upon finding that an employer has violated paragraph 319
(a), the department must notify United States Immigration and 320
Customs Enforcement of the identity of the unauthorized alien 321
and, if known, the physical address at which the unauthorized 322
alien resides. 323
(4) CRIMINAL PENALTY FOR VIOLATION.—Any person who 324
knowingly uses a false identification document, or fraudulently 325
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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
uses the identification document of another person, for the 326
purpose of obtaining employment commits a felony of the third 327
degree, punishable as provided in s. 77 5.082, s. 775.083, or s. 328
775.084. 329
(5) CONSTRUCTION.-This section shall be enforced without 330
regard to race, color, or national origin and shall be construed 331
in a manner so as to be fully consistent with any applicable 332
federal laws or regulations. 333
(6) DECEPTIVE AND UNFAIR TRADE PRACTICES. -Acts, conduct, 334
practices, omissions, failings, misrepresentations, or 335
nondisclosures committed in violation of this section are 336
deceptive and unfair trade practices under ss. 501.201 -501.213, 337
The Florida Deceptive and Un fair Trade Practices Act, and 338
administrative rules adopted in accordance with the act. Any 339
consumer as defined in s. 501.203(7), may file a complaint 340
against a public employer, private employer, contractor, or 341
subcontractor, for violations of the act. 342
Section 8. Effective November 1, 2026, subsection (3) of 343
section 454.021, Florida Statutes, is amended to read: 344
454.021 Attorneys; admission to practice law; Supreme 345
Court to govern and regulate. — 346
(3) Upon certification by the Florida Board of Bar 347
Examiners that an applicant who is an unauthorized immigrant who 348
was brought to the United States as a minor; has been present in 349
the United States for more than 10 years; has received 350
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documented employment authorization from the United States 351
Citizenship and Immigration Services (USCIS); has been issued a 352
social security number; if a male, has registered with the 353
Selective Service System if required to do so under the Military 354
Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all 355
requirements for admission to practice law in this state, the 356
Supreme Court of Florida may admit that applicant as an attorney 357
at law authorized to practice in this state and may direct an 358
order be entered upon the court's records to that effect. 359
Section 9. The repeal of s. 454.021(3), Florida Statutes, 360
in this act does not affect the validity of any license to 361
practice law issued pursuant to that subsection before November 362
1, 2026. 363
Section 10. Section 787.07, Florida Statutes, is amended 364
to read: 365
787.07 Human smuggling.— 366
(1) A person who knowingly and willfully: 367
(a) Transports into or within this state an individual 368
whom who the person knows, or reasonably should know, has is 369
illegally entered entering the United States in violation of law 370
and has not been inspe cted by the United States Government since 371
his or her unlawful entry; or from another country 372
(b) Conceals, harbors, or shields from detection, or 373
attempts to conceal, harbor, or shield from detection, in any 374
place within this state, including any tempor ary or permanent 375
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structure or any means of transportation, an individual whom the 376
person knows, or reasonably should know, has entered the United 377
States in violation of law and who has not been inspected by the 378
United States Government since his or her unl awful entry, 379
380
commits a felony of the third degree, punishable as provided in 381
s. 775.082, s. 775.083, or s. 775.084. 382
(c) For purposes of this section, an individual has been 383
inspected by the United States if he or she has been processed 384
by the United States Government for admission into the United 385
States in accordance with the federal Immigration and 386
Nationality Act, 8 U.S.C. ss. 1101 et seq. 387
(2) A person who violates subsection (1) by transporting, 388
concealing, harboring, or shielding from detection, or by 389
attempting to transport, conceal, harbor, or shield from 390
detection, within this state, any child younger than 18 years of 391
age commits a felony of the second degree, punishable as 392
provided in s. 775.082, s. 775.083, or s. 775.084. 393
(3)(2) A person commits a separate offense for each 394
individual he or she transports , conceals, harbors, or shields 395
from detection, or attempts to transport, conceal, harbor, or 396
shield from detection, into this state in violation of this 397
section. 398
(4) A person who commits fiv e or more separate offenses 399
under this section during a single episode commits a felony of 400
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the second degree, punishable as provided in s. 775.082, s. 401
775.083, or s. 775.084. 402
(5)(a) A person with a prior conviction under this section 403
who commits a violation of subsection (1) commits a felony of 404
the second degree, punishable as provided in s. 775.082, s. 405
775.083, or s. 775.084. 406
(b) A person with a prior conviction under this section 407
who commits a violation of subsection (2) or subsection (4) 408
commits a felony of the first degree, punishable as provided in 409
s. 775.082, s. 775.083, or 775.084. 410
(c) For purposes of this subsection, the term "conviction" 411
means a determination of guilt that is the result of a plea or a 412
trial, regardless of whether adjudi cation is withheld or a plea 413
of nolo contendere is entered. 414
(6) Proof that a person knowingly and willfully presented 415
false identification or gave false information to a law 416
enforcement officer who is conducting an investigation for any 417
violation of this section, gives rise to an inference that such 418
person was aware that the transported, concealed, harbored, or 419
shielded individual had entered into the United States in 420
violation of law and had not been inspected by the United States 421
Government since his or her unlawful entry. 422
(7) A person arrested for a violation of this section 423
shall be held in custody until brought before the court for 424
admittance to pretrial release in accordance with chapter 903. 425
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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 11. Section 908.104, Florida Statutes, is amended 426
to read: 427
908.104 Cooperation with federal immigratio n authorities.— 428
(1) A law enforcement agency shall use best efforts to 429
support the enforcement of federal immigration law. This 430
subsection applies to an official, representative, agent, or 431
employee of the entity or agency only when he or she is acting 432
within the scope of his or her official duties or within the 433
scope of his or her employment. 434
(2) Except as otherwise expressly prohibited by federal 435
law, a state entity, local governmental entity, or law 436
enforcement agency, or an employee, an agent, or a 437
representative of the entity or agency, may not prohibit or in 438
any way restrict a law enforcement agency from taking any of the 439
following actions with respect to information regarding a 440
person's immigration status: 441
(a) Sending the information to or reques ting, receiving, 442
or reviewing the information from a federal immigration agency 443
for purposes of this chapter. 444
(b) Recording and maintaining the information for purposes 445
of this chapter. 446
(c) Exchanging the information with a federal immigration 447
agency or another state entity, local governmental entity, or 448
law enforcement agency for purposes of this chapter. 449
(d) Using the information to comply with an immigration 450
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detainer. 451
(e) Using the information to confirm the identity of a 452
person who is detained b y a law enforcement agency. 453
(3)(a) For purposes of this subsection, the term 454
"applicable criminal case" means a criminal case in which: 455
1. The judgment requires the defendant to be confined in a 456
secure correctional facility; and 457
2. The judge: 458
a. Indicates in the record under s. 908.105 that the 459
defendant is subject to an immigration detainer; or 460
b. Otherwise indicates in the record that the defendant is 461
subject to a transfer into federal custody. 462
(b) In an applicable criminal case, when the judg e 463
sentences a defendant who is the subject of an immigration 464
detainer to confinement, the judge shall issue an order 465
requiring the secure correctional facility in which the 466
defendant is to be confined to reduce the defendant's sentence 467
by a period of not m ore than 12 days on the facility's 468
determination that the reduction in sentence will facilitate the 469
seamless transfer of the defendant into federal custody. For 470
purposes of this paragraph, the term "secure correctional 471
facility" means a state correctional institution as defined in 472
s. 944.02 or a county detention facility or a municipal 473
detention facility as defined in s. 951.23. 474
(c) If the information specified in sub -subparagraph 475
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(a)2.a. or sub-subparagraph (a)2.b. is not available at the time 476
the sentence is pronounced in the case, but is received by a law 477
enforcement agency afterwards, the law enforcement agency shall 478
notify the judge who shall issue the order described by 479
paragraph (b) as soon as the information becomes available. 480
(4) When a county c orrectional facility or the Department 481
of Corrections receives verification from a federal immigration 482
agency that a person subject to an immigration detainer is in 483
the law enforcement agency's custody, the agency may securely 484
transport the person to a fed eral facility in this state or to 485
another point of transfer to federal custody outside the 486
jurisdiction of the law enforcement agency. The law enforcement 487
agency may transfer a person who is subject to an immigration 488
detainer and is confined in a secure co rrectional facility to 489
the custody of a federal immigration agency not earlier than 12 490
days before his or her release date. A law enforcement agency 491
shall obtain judicial authorization before securely transporting 492
an alien to a point of transfer outside of this state. 493
(5) This section does not require a state entity, local 494
governmental entity, or law enforcement agency to provide a 495
federal immigration agency with information related to a victim 496
of or a witness to a criminal offense that occurred in the 497
United States if: 498
(a) The victim or witness timely and in good faith 499
responds to the entity's or agency's request for information and 500
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cooperation in the investigation or prosecution of the offense ;. 501
(b) The crime occurred 5 years before the alien's claim of 502
relief under this section is made; and 503
(c) The crime that the alien is claiming to be a victim of 504
or witness to is unrelated to the crime for which the alien was 505
arrested. 506
507
In order to be eligible for relief under this subsection, the 508
victim or witness must submit a law enforcement certification 509
completed by a certifying agency. For purposes of this 510
subsection, certifying agencies include all authorities 511
responsible for the investigation, prosecution, conviction or 512
sentencing of the crime. The law enf orcement certification is a 513
required piece of evidence to confirm the victim or witness 514
responded to and cooperated in the investigation or prosecution 515
of the offense. 516
(6) A state entity, local governmental entity, or law 517
enforcement agency that, pursuant to subsection (5), withholds 518
information regarding the immigration information of a victim of 519
or witness to a criminal offense shall document the victim's or 520
witness's cooperation in the entity's or agency's investigative 521
records related to the of fense and shall retain the records for 522
at least 10 years for the purpose of audit, verification, or 523
inspection by the Auditor General. 524
(7) This section does not authorize a law enforcement 525
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agency to detain an alien unlawfully present in the United 526
States pursuant to an immigration detainer solely because the 527
alien witnessed or reported a crime or was a victim of a 528
criminal offense. 529
(8) This section does not apply to any alien unlawfully 530
present in the United States if he or she is or has been a 531
necessary witness or victim of a crime of domestic violence, 532
rape, sexual exploitation, sexual assault, murder, manslaughter, 533
assault, battery, human trafficking, kidnapping, false 534
imprisonment, involuntary servitude, fraud in foreign labor 535
contracting, blackmail, extortion, or witness tampering. 536
Section 12. Paragraph (g) of subsection (2) and paragraph 537
(a) of subsection (3) of section 943.325, Florida Statutes, are 538
amended, and paragraph (f) is added to subsection (7) of that 539
section, to read: 540
943.325 DNA database.— 541
(2) DEFINITIONS.—As used in this section, the term: 542
(g) "Qualifying offender" means any person, including 543
juveniles and adults, who is: 544
1.a. Committed to a county jail; 545
b. Committed to or under the supervision of the Department 546
of Corrections, including persons incarcerated in a private 547
correctional institution operated under contract pursuant to s. 548
944.105; 549
c. Committed to or under the supervision of the Department 550
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of Juvenile Justice; 551
d. Transferred to this state under the Interstate Compact 552
on Juveniles, part XIII of chapter 985; or 553
e. Accepted under Article IV of the Interstate Corrections 554
Compact, part III of chapter 941; and who is: 555
2.a. Convicted of any felony offense or attempted felony 556
offense in this state or of a similar o ffense in another 557
jurisdiction; 558
b. Convicted of a misdemeanor violation of s. 784.048, s. 559
810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 560
offense that was found, pursuant to s. 874.04, to have been 561
committed for the purpose of benefiting , promoting, or 562
furthering the interests of a criminal gang as defined in s. 563
874.03; or 564
c. Arrested for any felony offense or attempted felony 565
offense in this state ; or 566
d. In the custody of a law enforcement agency and is 567
subject to an immigration deta iner issued by a federal 568
immigration agency. 569
(3) COLLECTION OF SAMPLES. — 570
(a) Each qualifying offender shall submit a DNA sample at 571
the time he or she is booked into a jail, correctional facility, 572
or juvenile facility. A person who becomes a qualifying offender 573
solely because of the issuance of an immigration detainer by a 574
federal immigration agency must submit a DNA sample when the law 575
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enforcement agency having custody of the offender receives the 576
detainer. 577
(7) COLLECTION OF DNA SAMPLES FROM OFFENDERS .— 578
(f) A law enforcement agency having custody of a person 579
who becomes a qualifying offender solely because of the issuance 580
of an immigration detainer by a federal immigration agency shall 581
ensure that a DNA sample is taken from the offender immediately 582
after the agency receives the detainer and must secure and 583
transmit the sample to the department in a timely manner. 584
Section 13. Except as otherwise expressly provided in this 585
act, this act shall take effect July 1, 2023. 586