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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to immigration; creating ss. 125.0156 2
and 166.246, F.S.; prohibiting counties and 3
municipalities, respectively, from providing funds to 4
any person, entity, or organization to issue 5
identification documents to an individual who does not 6
provide proof of lawful presence in the United States; 7
creating s. 322.033, F.S.; specifying that certain 8
driver licenses and permits issued by other states 9
exclusively to unauthorized immigrants are not valid 10
in this state; requiring law enforcement officers and 11
authorized representatives of the Department of 12
Highway Safety and Motor Vehicles to cite a person 13
driving with a specified invalid license; requiring 14
the department to maintain a list on its website of 15
out-of-state classes of driver licenses that are 16
invalid in this state; amending s. 322.04, F.S.; 17
revising the circumstances under which certain persons 18
are exempt from obtaining a driver license; creating 19
s. 395.3027, F.S.; requiring certain hospitals to 20
collect patient immigration status data informati on on 21
admission or registration forms; requiring hospitals 22
to submit quarterly reports to the Agency for Health 23
Care Administration containing specified information; 24
requiring the agency to submit an annual report to the 25
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Governor and the Legislature contai ning specified 26
information; authorizing the agency to adopt rules; 27
prohibiting rules requiring the disclosure of certain 28
information; amending s. 448.09, F.S.; requiring the 29
Department of Economic Opportunity to enter a certain 30
order and require repayment of certain economic 31
development incentives if the department finds or is 32
notified that an employer has knowingly employed an 33
unauthorized alien without verifying the employment 34
eligibility of such person; deleting provisions 35
relating to a first violation o f specified provisions; 36
providing penalties, including a probationary period 37
and suspension and revocation of all licenses of 38
employers; deleting criminal penalties for second and 39
subsequent violations of specified provisions; 40
deleting a provision providin g construction; providing 41
criminal penalties for certain aliens who knowingly 42
use false identification documents or who fraudulently 43
use identification documents of another person for the 44
purpose of obtaining employment; making technical 45
changes; amending s. 448.095, F.S.; revising 46
definitions; requiring an employer to verify a new 47
employee's employment eligibility within 3 business 48
days after the first day the new employee begins 49
working for pay; requiring public agencies to use the 50
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E-Verify system to veri fy a new employee's employment 51
eligibility; requiring private employers with a 52
certain number of employees to use the E -Verify system 53
to verify a new employee's employment eligibility 54
beginning on a certain date; requiring employers to 55
certify use of the E -Verify system on unemployment 56
compensation or reemployment assistance system 57
returns; requiring employers to use a certain form if 58
the E-Verify system is unavailable; requiring 59
employers to retain specified documentation for a 60
certain number of years; pro hibiting an employer from 61
continuing to employ an unauthorized alien after 62
obtaining knowledge that a person is or has become an 63
unauthorized alien; providing an exception; 64
authorizing specified persons or entities to request, 65
and requiring an employer to provide, copies of 66
specified documentation; creating a certain rebuttable 67
presumption that the employer has not violated 68
specified provisions with respect to the employment of 69
an unauthorized alien; establishing an affirmative 70
defense to an allegation that the employer has not 71
violated specified provisions with respect to the 72
employment of an unauthorized alien; requiring a 73
public agency to require in any contract that a 74
contractor or subcontractor register with and use the 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
E-Verify system; prohibiting a pu blic agency, 76
contractor, or subcontractor from entering into a 77
contract unless each party to the contract registers 78
with and uses the E-Verify system; requiring the 79
termination of certain contracts under specified 80
conditions; authorizing a public agency, c ontractor, 81
or subcontractor to file a cause of action to 82
challenge a termination; specifying required 83
departmental action to ensure compliance with 84
specified provisions; requiring the department to 85
impose fines against employers under certain 86
circumstances; providing for the deposit of such 87
fines; providing construction; conforming provisions 88
to changes made by the act; amending s. 454.021, F.S.; 89
deleting a provision authorizing an unauthorized 90
immigrant to obtain a license to practice law in this 91
state under certain circumstances; providing 92
applicability; amending s. 787.07, F.S.; providing 93
criminal penalties for persons who knowingly and 94
willfully violate, or who reasonably should know and 95
violate, certain provisions relating to the 96
transporting into this state of individuals who 97
entered the United States unlawfully and without 98
inspection by the Federal Government; providing 99
criminal penalties for persons who transport minors 100
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into this state in violation of certain provisions; 101
providing for enhanced crimina l penalties; defining 102
the term "conviction"; providing circumstances that 103
give rise to a certain inference; requiring that 104
persons who violate certain provisions be held in 105
custody; making technical changes; amending s. 895.02, 106
F.S.; revising the definitio n of the term 107
"racketeering activity"; amending s. 908.104, F.S.; 108
specifying that a state entity, local governmental 109
entity, or law enforcement agency, or an employee, an 110
agent, or a representative of the entity or agency, 111
may not prohibit or in any way re strict a law 112
enforcement agency from sending the applicable 113
information obtained pursuant to certain provisions to 114
a federal immigration agency; amending s. 943.03, 115
F.S.; requiring the Department of Law Enforcement to 116
coordinate and direct the law enforcem ent, initial 117
emergency, and other initial responses in matters 118
dealing with the Federal Government in federal 119
immigration law enforcement and responses to 120
immigration enforcement incidents within or affecting 121
this state; amending s. 943.03101, F.S.; revisi ng 122
legislative findings and determinations; amending s. 123
943.0311, F.S.; revising the required duties of the 124
Chief of Domestic Security; requiring the chief to 125
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regularly coordinate random audits pursuant to 126
specified provisions and notify the Department of 127
Economic Opportunity of any violations; amending s. 128
943.0312, F.S.; revising legislative findings; 129
requiring that each task force cooperate with and 130
provide assistance to the Federal Government in the 131
enforcement of federal immigration laws within or 132
affecting this state in compliance with specified 133
provisions, in accordance with the state's domestic 134
security strategic goals and objectives; requiring the 135
Chief of Domestic Security to, in conjunction with 136
specified entities, identify appropriate equipment an d 137
training needs, curricula, and materials related to 138
the effective response to immigration enforcement 139
incidents; requiring that each regional domestic 140
security task force, working in conjunction with 141
specified entities, work to ensure that hate -driven 142
acts against ethnic groups that may have been targeted 143
as a result of immigration enforcement incidents 144
within or affecting this state are appropriately 145
investigated and responded to; amending s. 943.0313, 146
F.S.; revising legislative findings; requiring the 147
Domestic Security Oversight Council to make 148
recommendations to the Governor and the Legislature 149
regarding the expenditure of funds and allocation of 150
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resources related to cooperating with and providing 151
assistance to the Federal Government in the 152
enforcement of federal immigration laws; expanding the 153
list of persons whom the council may invite to attend 154
and participate in its meetings as ex officio, 155
nonvoting members; revising the duties of the council; 156
amending s. 943.325, F.S.; revising the definition of 157
the term "qualifying offender" to include certain 158
persons who are the subject of an immigration detainer 159
issued by a federal immigration agency; requiring 160
certain qualifying offenders to submit DNA samples at 161
a specified time; requiring law enforcement agenci es 162
to immediately take DNA samples from certain 163
qualifying offenders under certain circumstances; 164
amending ss. 394.9082 and 409.996, F.S.; conforming 165
provisions to changes made by the act; providing an 166
appropriation; providing effective dates. 167
168
Be It Enacted by the Legislature of the State of Florida: 169
170
Section 1. Section 125.0156, Florida Statutes, is created 171
to read: 172
125.0156 Restriction on providing funds for identification 173
documents.—A county may not provide funds to any person, entity, 174
or organization for the purpose of issuing an identification 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
card or document to an individual who does not provide proof of 176
lawful presence in the United States. 177
Section 2. Section 166.246, Florida Statutes, is created 178
to read: 179
166.246 Restriction on provi ding funds for identification 180
documents.—A municipality may not provide funds to any person, 181
entity, or organization for the purpose of issuing an 182
identification card or document to an individual who does not 183
provide proof of lawful presence in the United States. 184
Section 3. Section 322.033, Florida Statutes, is created 185
to read: 186
322.033 Unauthorized aliens; invalid out -of-state driver 187
licenses.— 188
(1) If a driver license is of a class of licenses issued 189
by another state exclusively to undocumented immi grants who are 190
unable to prove lawful presence in the United States when the 191
licenses are issued, the driver license, or other permit 192
purporting to authorize the holder to operate a motor vehicle on 193
public roadways, is invalid in this state and does not au thorize 194
the holder to operate a motor vehicle in this state. Such 195
classes of licenses include licenses that are issued exclusively 196
to undocumented immigrants or licenses that are substantially 197
the same as licenses issued to citizens, residents, or those 198
lawfully present in the United States but have markings 199
establishing that the license holder did not exercise the option 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
of providing proof of lawful presence. 201
(2) A law enforcement officer or other authorized 202
representative of the department who stops a p erson driving with 203
an invalid license as described in subsection (1) and driving 204
without a valid license shall issue a citation to the driver for 205
driving without a license in violation of s. 322.03. 206
(3) The department, to facilitate the enforcement of th is 207
section and to aid in providing notice to the public and 208
visitors of invalid licenses, shall maintain on its website a 209
list of out-of-state classes of driver licenses that are invalid 210
in this state. 211
Section 4. Section 322.04, Florida Statutes, is am ended to 212
read: 213
322.04 Persons exempt from obtaining driver license. — 214
(1) The following persons are exempt from obtaining a 215
driver license: 216
(a) Any employee of the United States Government, while 217
operating a noncommercial motor vehicle owned by or leased to 218
the United States Government and being operated on official 219
business. 220
(b) Any person while driving or operating any road 221
machine, farm tractor, or implement of husbandry temporarily 222
operated or moved on a highway. 223
(c) A nonresident who is at least 16 years of age and who 224
has in his or her immediate possession a valid noncommercial 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
driver license issued to the nonresident in his or her home 226
state or country operating a motor vehicle of the type for which 227
a Class E driver license is required in this state, if the 228
nonresident's license is not invalid under s. 322.033 relating 229
to proof of the licensee's lawful presence in the United States . 230
(d) A nonresident who is at least 18 years of age and who 231
has in his or her immediate possession a valid no ncommercial 232
driver license issued to the nonresident in his or her home 233
state or country operating a motor vehicle, other than a 234
commercial motor vehicle, in this state , if the nonresident's 235
license is not invalid under s. 322.033 relating to proof of the 236
licensee's lawful presence in the United States . 237
(e) Any person operating a golf cart, as defined in s. 238
320.01, which is operated in accordance with the provisions of 239
s. 316.212. 240
(2) This section does not apply to any person to whom s. 241
322.031 applies. 242
(3) Any person working for a firm under contract to the 243
United States Government whose residence is outside this state 244
and whose main point of employment is outside this state may 245
drive a noncommercial vehicle on the public roads of this state 246
for periods up to 60 days while in this state on temporary duty, 247
if the person has a valid driver license from the state of the 248
person's residence and if the license is not invalid under s. 249
322.033 relating to proof of the licensee's lawful presence in 250
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the United States. 251
Section 5. Section 395.3027, Florida Statutes, is created 252
to read: 253
395.3027 Patient immigration status data collection. — 254
(1) Each hospital that accepts Medicaid must include a 255
provision on its patient admission or registration forms for the 256
patient or the patient's representative to state or indicate 257
whether the patient is a United States citizen or lawfully 258
present in the United States or is not lawfully present in the 259
United States. The inquiry must be followed by a statement that 260
the response will not affect patient care or result in a report 261
of the patient's immigration status to immigration authorities. 262
(2) Each hospital must submit a quarterly report to the 263
agency within 30 days after the end of each calendar quarter 264
which reports the number of hospital admissions or emergency 265
department visits within the previous quarter which were made by 266
a patient who indicated that he or she was a citizen of the 267
United States or lawfully present in the United States, was not 268
lawfully present in the United States, or declined to answer. 269
(3) By March 1 of each year, the agency shall submit a 270
report to the Governor, the President of the Senate, and the 271
Speaker of the House of Representatives which includes the total 272
number of hospital admissions and e mergency department visits 273
for the previous calendar year for which the patient or 274
patient's representative reported that the patient was a citizen 275
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of the United States or lawfully present in the United States, 276
was not lawfully present in the United States , or declined to 277
answer. The report must also describe information relating to 278
the costs of uncompensated care for aliens who are not lawfully 279
present in the United States, the impact of uncompensated care 280
on the cost or ability of hospitals to provide ser vices to the 281
public, hospital funding needs, and other related information. 282
(4) The agency may adopt rules relating to the format and 283
information to be contained in quarterly reports and the 284
acceptable formats for hospitals to use in requesting 285
information regarding a patient's immigration status on hospital 286
admission or registration forms. The rules may not require the 287
disclosure of patient names or any other personal identifying 288
information to the agency. 289
Section 6. Effective July 1, 2024, section 4 48.09, Florida 290
Statutes, is amended to read: 291
448.09 Unauthorized aliens; employment prohibited. — 292
(1) It is shall be unlawful for any person to knowingly to 293
employ, hire, recruit, or refer, either for herself or himself 294
or on behalf of another, for priv ate or public employment within 295
this the state, an alien who is not duly authorized to work by 296
the immigration laws of the United States, or the Attorney 297
General of the United States , or the United States Secretary of 298
Homeland Security. 299
(2) If the Department of Economic Opportunity finds or is 300
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notified by an entity specified in s. 448.095(3)(a) that an 301
employer has knowingly employed an unauthorized alien without 302
verifying the employment eligibility of such person, the 303
department must enter an order pursu ant to chapter 120 making 304
such determination and require repayment of any economic 305
development incentive pursuant to s. 288.061(6) The first 306
violation of subsection (1) shall be a noncriminal violation as 307
defined in s. 775.08(3) and, upon conviction, shall be 308
punishable as provided in s. 775.082(5) by a civil fine of not 309
more than $500, regardless of the number of aliens with respect 310
to whom the violation occurred . 311
(3) For a violation of this section, the department shall 312
place the employer on probation f or a 1-year period and require 313
that the employer report quarterly to the department to 314
demonstrate compliance with the requirements of subsection (1) 315
and s. 448.095. 316
(4) Any violation of this section which takes place within 317
24 months after a previous vi olation constitutes grounds for the 318
suspension or revocation of all licenses issued by a licensing 319
agency subject to chapter 120. The department shall take the 320
following actions for a violation involving: 321
(a) One to 10 unauthorized aliens, suspension of all 322
applicable licenses held by a private employer for up to 30 days 323
by the respective agencies that issued them. 324
(b) Eleven to 50 unauthorized aliens, suspension of all 325
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applicable licenses held by a private employer for up to 60 days 326
by the respective agencies that issued them. 327
(c) More than 50 unauthorized aliens, revocation of all 328
applicable licenses held by a private employer by the respective 329
agencies that issued them Any person who has been previously 330
convicted for a violation of subsection (1) an d who thereafter 331
violates subsection (1), shall be guilty of a misdemeanor of the 332
second degree, punishable as provided in s. 775.082 or s. 333
775.083. Any such subsequent violation of this section shall 334
constitute a separate offense with respect to each unau thorized 335
alien. 336
(5) An alien who is not duly authorized to work by the 337
immigration laws of the United States, the Attorney General of 338
the United States, or the United States Secretary of the 339
Department of Homeland Security and who knowingly uses a false 340
identification document or who fraudulently uses an 341
identification document of another person for the purpose of 342
obtaining employment commits a felony of the third degree, 343
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 344
Section 7. Effective upon becoming a law, section 448.095, 345
Florida Statutes, is amended to read: 346
(Substantial rewording of section. See 347
s. 448.095, F.S., for present text.) 348
448.095 Employment eligibility. — 349
(1) DEFINITIONS.—As used in this section, the term: 350
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(a) "Contractor" means a person or an entity that has 351
entered or is attempting to enter into a contract with a public 352
agency to provide labor, supplies, or services to such agency in 353
exchange for salary, wages, or other remuneration. 354
(b) "Employee" means an individual filling a permanent 355
position who performs labor or services under the control or 356
direction of an employer that has the power or right to control 357
and direct the employee in the material details of how the work 358
is to be performed in exchange for s alary, wages, or other 359
remuneration. An individual hired for casual labor, as defined 360
in s. 443.036, which is to be performed entirely within a 361
private residence is not an employee of an occupant or owner of 362
a private residence. An independent contractor, as defined in 363
federal laws or regulations, hired to perform a specified 364
portion of labor or services is not an employee. 365
(c) "E-Verify system" means an Internet -based system 366
operated by the United States Department of Homeland Security 367
which allows participating employers to electronically verify 368
the employment eligibility of new employees. 369
(d) "Public agency" means any office, department, agency, 370
division, subdivision, political subdivision, board, bureau, 371
commission, authority, district, public body, body politic, 372
state, county, city, town, village, municipality, or any other 373
separate unit of government created or established pursuant to 374
law, and any other public or private agency, person, 375
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partnership, corporation, or business entity acting on behalf o f 376
any public agency. 377
(e) "Subcontractor" means a person or an entity that 378
provides labor, supplies, or services to or for a contractor or 379
another subcontractor in exchange for salary, wages, or other 380
remuneration. 381
(f) "Unauthorized alien" means an indi vidual who is not 382
authorized under federal law to be employed in the United 383
States, as described in 8 U.S.C. s. 1324a(h)(3). The term must 384
be interpreted consistently with that section and any applicable 385
federal rules or regulations. 386
(2) EMPLOYMENT VERIF ICATION.— 387
(a) An employer shall verify each new employee's 388
employment eligibility within 3 business days after the first 389
day that the new employee begins working for pay as required 390
under 8 C.F.R. s. 274a. 391
(b)1. A public agency shall use the E -Verify system to 392
verify a new employee's employment eligibility as required under 393
paragraph (a). 394
2. Beginning on July 1, 2023, a private employer with 25 395
or more employees shall use the E -Verify system to verify a new 396
employee's employment eligibility as require d under paragraph 397
(a). 398
3. Each employer required to use the E -Verify system under 399
this paragraph must certify on its first return each calendar 400
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year to the tax service provider that it is in compliance with 401
this section when making contributions to or re imbursing the 402
state's unemployment compensation or reemployment assistance 403
system. An employer that voluntarily uses the E -Verify system 404
may also make such a certification on its first return each 405
calendar year in order to document such use. 406
(c) If the E-Verify system is unavailable for 3 business 407
days after the first day that the new employee begins working 408
for pay and an employer cannot access the system to verify a new 409
employee's employment eligibility, the employer must use the 410
Employment Eligibility Verification form (Form I -9) to verify 411
employment eligibility. The unavailability of the E -Verify 412
system does not bar the employer from using the rebuttable 413
presumption established in paragraph (4)(a). An employer must 414
document the unavailability of the E -Verify system by retaining 415
a screenshot from each day which shows the employer's lack of 416
access to the system, a public announcement that the E -Verify 417
system is not available, or any other communication or notice 418
recorded by the employer regarding the unav ailability of the 419
system. 420
(d) The employer must retain a copy of the documentation 421
provided and any official verification generated, if applicable, 422
for at least 3 years. 423
(e) An employer may not continue to employ an unauthorized 424
alien after obtaining k nowledge that a person is or has become 425
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an unauthorized alien. 426
(f) An employee leasing company licensed under part XI of 427
chapter 468 which enters into a written agreement or 428
understanding with a client company which places the primary 429
obligation for compliance with this section upon the client 430
company is not required to verify employment eligibility of any 431
new employees of the client company. In the absence of a written 432
agreement or understanding, the employee leasing company is 433
responsible for compliance with this section. Such employee 434
leasing company shall, at all times, remain an employer as 435
otherwise defined in federal laws or regulations. 436
(3) ENFORCEMENT.— 437
(a) For the purpose of enforcement of this section, any of 438
the following persons or entitie s may request, and an employer 439
must provide, copies of any documentation relied upon by the 440
employer for the verification of a new employee's employment 441
eligibility: 442
1. The Department of Law Enforcement; 443
2. The Attorney General; 444
3. The state attorney in the circuit in which the new 445
employee works; 446
4. The statewide prosecutor; or 447
5. The Department of Economic Opportunity. 448
(b) A person or an entity that makes a request under 449
paragraph (a) must rely upon the Federal Government to verify an 450
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employee's employment eligibility and may not independently make 451
a final determination as to whether an employee is an 452
unauthorized alien. 453
(4) DEFENSES.— 454
(a) An employer that uses the E -Verify system or, if that 455
system is unavailable, the Employment Eligibilit y Verification 456
form (Form I-9) as provided in paragraph (2)(c), with respect to 457
the employment of an unauthorized alien has established a 458
rebuttable presumption that the employer has not violated s. 459
448.09 with respect to such employment. 460
(b) An employer that uses the same documentation that is 461
required by the United States Citizenship and Immigration 462
Services on its Employment Eligibility Verification form (Form 463
I-9) with respect to the employment of an unauthorized alien, 464
has established an affirmative defense that the employer has not 465
violated s. 448.09 with respect to such employment. 466
(5) PUBLIC AGENCY CONTRACTING. — 467
(a) A public agency must require in any contract that the 468
contractor, and any subcontractor thereof, register with and use 469
the E-Verify system to verify the work authorization status of 470
all new employees of the contractor or subcontractor. A public 471
agency or a contractor or subcontractor thereof may not enter 472
into a contract unless each party to the contract registers with 473
and uses the E-Verify system. 474
(b) If a contractor enters into a contract with a 475
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subcontractor, the subcontractor must provide the contractor 476
with an affidavit stating that the subcontractor does not 477
employ, contract with, or subcontract with an unauthorized 478
alien. The contractor shall maintain a copy of such affidavit 479
for the duration of the contract. 480
(c)1. A public agency, contractor, or subcontractor who 481
has a good faith belief that a person or an entity with which it 482
is contracting has knowingly violated s. 448.09 (1) shall 483
terminate the contract with the person or entity. 484
2. A public agency that has a good faith belief that a 485
subcontractor knowingly violated this subsection, but the 486
contractor otherwise complied with this subsection, shall 487
promptly notify the con tractor and order the contractor to 488
immediately terminate the contract with the subcontractor. 489
3. A contract terminated under this paragraph is not a 490
breach of contract and may not be considered as such. If a 491
public agency terminates a contract with a co ntractor under this 492
paragraph, the contractor may not be awarded a public contract 493
for at least 1 year after the date on which the contract was 494
terminated. A contractor is liable for any additional costs 495
incurred by a public agency as a result of the termi nation of a 496
contract. 497
(d) A public agency, contractor, or subcontractor may file 498
a cause of action with a circuit or county court to challenge a 499
termination under paragraph (c) no later than 20 calendar days 500
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after the date on which the contract was termi nated. 501
(6) COMPLIANCE.— 502
(a) In addition to the requirements under s. 288.061(6), 503
beginning on July 1, 2024, if the Department of Economic 504
Opportunity determines that an employer failed to use the E -505
Verify system to verify the employment eligibility of employees 506
as required under this section, the department must notify the 507
employer of the department's determination of noncompliance and 508
provide the employer with 30 days to cure the noncompliance. 509
(b) If the Department of Economic Opportunity determines 510
that an employer failed to use the E -Verify system as required 511
under this section three times in any 24 -month period, the 512
department must impose a fine of $1,000 per day until the 513
employer provides sufficient proof to the department that the 514
noncompliance is cured. Noncompliance constitutes grounds for 515
the suspension of all licenses issued by a licensing agency 516
subject to chapter 120 until the noncompliance is cured. 517
(c) Fines collected under this subsection must be 518
deposited into the State Economic Enha ncement and Development 519
Trust Fund for use by the department for employer outreach and 520
public notice of the state's employment verification laws. 521
(7) CONSTRUCTION.— 522
(a) This section must be enforced without regard to race, 523
color, or national origin and must be construed in a manner so 524
as to be fully consistent with any applicable federal laws or 525
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regulations. 526
(b) The requirements to use the E -Verify system under this 527
section do not apply in any federal fiscal year in which the 528
system is not funded by t he Federal Government. 529
(c) This section shall expire 60 days after the E -Verify 530
system is no longer a pilot program, and the Federal Government 531
requires the use of the E -Verify system by all employers in the 532
United States. 533
Section 8. Effective Novemb er 1, 2028, subsection (3) of 534
section 454.021, Florida Statutes, is amended to read: 535
454.021 Attorneys; admission to practice law; Supreme 536
Court to govern and regulate. — 537
(3) Upon certification by the Florida Board of Bar 538
Examiners that an applicant who is an unauthorized immigrant who 539
was brought to the United States as a minor; has been present in 540
the United States for more than 10 years; has received 541
documented employment authorization from the United States 542
Citizenship and Immigration Services (USCIS ); has been issued a 543
social security number; if a male, has registered with the 544
Selective Service System if required to do so under the Military 545
Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all 546
requirements for admission to practice law in this state, the 547
Supreme Court of Florida may admit that applicant as an attorney 548
at law authorized to practice in this state and may direct an 549
order be entered upon the court's records to that effect. 550
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Section 9. The repeal of s. 454.021(3), Florida Sta tutes, 551
by this act does not affect the validity of any license to 552
practice law issued pursuant to that subsection before November 553
1, 2028. 554
Section 10. Section 787.07, Florida Statutes, is amended 555
to read: 556
787.07 Human smuggling. — 557
(1) Except as provided in subsections (3), (4), and (5), a 558
person who knowingly and willfully transports into this state an 559
individual whom who the person knows, or reasonably should know, 560
has entered is illegally entering the United States in violation 561
of law and has not been inspected by the Federal Government 562
since his or her unlawful entry from another country commits a 563
felony of the third degree, punishable as provided in s. 564
775.082, s. 775.083, or s. 775.084. 565
(2) A person commits a separate offense for each 566
individual he or she transports into this state in violation of 567
this section. 568
(3) A person who transports a minor into this state in 569
violation of subsection (1) commits a felony of the second 570
degree, punishable as provided in s. 775.082, s. 775.083, or s. 571
775.084. 572
(4) A person who commits five or more separate offenses 573
under this section during a single episode commits a felony of 574
the second degree, punishable as provided in s. 775.082, s. 575
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775.083, or s. 775.084. 576
(5)(a) A person with a prior conviction und er this section 577
who commits a subsequent violation of this section commits a 578
felony of the second degree, punishable as provided in s. 579
775.082, s. 775.083, or s. 775.084. 580
(b) As used in paragraph (a), the term "conviction" means 581
a determination of guilt that is the result of a plea agreement 582
or a trial, regardless of whether adjudication is withheld or a 583
plea of nolo contendere is entered. 584
(6) Proof that a person knowingly and willfully presented 585
false identification or gave false information to a law 586
enforcement officer who is conducting an investigation for a 587
violation of this section gives rise to an inference that such 588
person was aware that the individual had entered the United 589
States in violation of the law and had not been inspected by the 590
Federal Government since his or her unlawful entry. 591
(7) A person who is arrested for a violation of this 592
section must be held in custody until brought before the court 593
for admittance to pretrial release in accordance with chapter 594
903. 595
Section 11. Paragraph ( a) of subsection (8) of section 596
895.02, Florida Statutes, is amended to read: 597
895.02 Definitions. —As used in ss. 895.01 -895.08, the 598
term: 599
(8) "Racketeering activity" means to commit, to attempt to 600
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commit, to conspire to commit, or to solicit, coerce, or 601
intimidate another person to commit: 602
(a) Any crime that is chargeable by petition, indictment, 603
or information under the following provisions of the Florida 604
Statutes: 605
1. Section 210.18, relating to evasion of payment of 606
cigarette taxes. 607
2. Section 316.1935, relating to fleeing or attempting to 608
elude a law enforcement officer and aggravated fleeing or 609
eluding. 610
3. Chapter 379, relating to the illegal sale, purchase, 611
collection, harvest, capture, or possession of wild animal life, 612
freshwater aquatic life, or marine life, and related crimes. 613
4. Section 403.727(3)(b), relating to environmental 614
control. 615
5. Section 409.920 or s. 409.9201, relating to Medicaid 616
fraud. 617
6. Section 414.39, relating to public assistance fraud. 618
7. Section 440.105 or s. 4 40.106, relating to workers' 619
compensation. 620
8. Section 443.071(4), relating to creation of a 621
fictitious employer scheme to commit reemployment assistance 622
fraud. 623
9. Section 465.0161, relating to distribution of medicinal 624
drugs without a permit as an Inte rnet pharmacy. 625
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10. Section 499.0051, relating to crimes involving 626
contraband, adulterated, or misbranded drugs. 627
11. Part IV of chapter 501, relating to telemarketing. 628
12. Chapter 517, relating to sale of securities and 629
investor protection. 630
13. Section 550.235 or s. 550.3551, relating to dogracing 631
and horseracing. 632
14. Chapter 550, relating to jai alai frontons. 633
15. Section 551.109, relating to slot machine gaming. 634
16. Chapter 552, relating to the manufacture, 635
distribution, and use of explosives . 636
17. Chapter 560, relating to money transmitters, if the 637
violation is punishable as a felony. 638
18. Chapter 562, relating to beverage law enforcement. 639
19. Section 624.401, relating to transacting insurance 640
without a certificate of authority, s. 624.43 7(4)(c)1., relating 641
to operating an unauthorized multiple -employer welfare 642
arrangement, or s. 626.902(1)(b), relating to representing or 643
aiding an unauthorized insurer. 644
20. Section 655.50, relating to reports of currency 645
transactions, when such violation is punishable as a felony. 646
21. Chapter 687, relating to interest and usurious 647
practices. 648
22. Section 721.08, s. 721.09, or s. 721.13, relating to 649
real estate timeshare plans. 650
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23. Section 775.13(5)(b), relating to registration of 651
persons found to hav e committed any offense for the purpose of 652
benefiting, promoting, or furthering the interests of a criminal 653
gang. 654
24. Section 777.03, relating to commission of crimes by 655
accessories after the fact. 656
25. Chapter 782, relating to homicide. 657
26. Chapter 784, relating to assault and battery. 658
27. Chapter 787, relating to kidnapping , human smuggling, 659
or human trafficking. 660
28. Chapter 790, relating to weapons and firearms. 661
29. Chapter 794, relating to sexual battery, but only if 662
such crime was committed with the intent to benefit, promote, or 663
further the interests of a criminal gang, or for the purpose of 664
increasing a criminal gang member's own standing or position 665
within a criminal gang. 666
30. Former s. 796.03, former s. 796.035, s. 796.04, s. 667
796.05, or s. 796.07, relating to prostitution. 668
31. Chapter 806, relating to arson and criminal mischief. 669
32. Chapter 810, relating to burglary and trespass. 670
33. Chapter 812, relating to theft, robbery, and related 671
crimes. 672
34. Chapter 815, relating to compu ter-related crimes. 673
35. Chapter 817, relating to fraudulent practices, false 674
pretenses, fraud generally, credit card crimes, and patient 675
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brokering. 676
36. Chapter 825, relating to abuse, neglect, or 677
exploitation of an elderly person or disabled adult. 678
37. Section 827.071, relating to commercial sexual 679
exploitation of children. 680
38. Section 828.122, relating to fighting or baiting 681
animals. 682
39. Chapter 831, relating to forgery and counterfeiting. 683
40. Chapter 832, relating to issuance of worthless chec ks 684
and drafts. 685
41. Section 836.05, relating to extortion. 686
42. Chapter 837, relating to perjury. 687
43. Chapter 838, relating to bribery and misuse of public 688
office. 689
44. Chapter 843, relating to obstruction of justice. 690
45. Section 847.011, s. 847.012 , s. 847.013, s. 847.06, or 691
s. 847.07, relating to obscene literature and profanity. 692
46. Chapter 849, relating to gambling, lottery, gambling 693
or gaming devices, slot machines, or any of the provisions 694
within that chapter. 695
47. Chapter 874, relating to c riminal gangs. 696
48. Chapter 893, relating to drug abuse prevention and 697
control. 698
49. Chapter 896, relating to offenses related to financial 699
transactions. 700
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50. Sections 914.22 and 914.23, relating to tampering with 701
or harassing a witness, victim, or info rmant, and retaliation 702
against a witness, victim, or informant. 703
51. Sections 918.12 and 918.13, relating to tampering with 704
jurors and evidence. 705
Section 12. Paragraph (f) is added to subsection (2) of 706
section 908.104, Florida Statutes, to read: 707
908.104 Cooperation with federal immigration authorities. — 708
(2) Except as otherwise expressly prohibited by federal 709
law, a state entity, local governmental entity, or law 710
enforcement agency, or an employee, an agent, or a 711
representative of the entity or agency, may not prohibit or in 712
any way restrict a law enforcement agency from taking any of the 713
following actions with respect to information regarding a 714
person's immigration status: 715
(f) Sending the applicable information obtained pursuant 716
to enforcement of s. 448.095 to a federal immigration agency. 717
Section 13. Subsection (14) of section 943.03, Florida 718
Statutes, is amended to read: 719
943.03 Department of Law Enforcement. — 720
(14) The department, with respect to counter -terrorism 721
efforts, responses to acts of terrorism within or affecting this 722
state, coordinating with and providing assistance to the Federal 723
Government in the enforcement of federal immigration laws, 724
responses to immigration enforcement incidents within or 725
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affecting this state, and other matters related to the domestic 726
security of Florida as it relates to terrorism and immigration 727
enforcement incidents , shall coordinate and direct the law 728
enforcement, initial emergency, and other initial responses. The 729
department shall work closely with t he Division of Emergency 730
Management, other federal, state, and local law enforcement 731
agencies, fire and rescue agencies, first -responder agencies, 732
and others involved in preparation against acts of terrorism in 733
or affecting this state , immigration enforcem ent incidents 734
within or affecting this state, and in the response to such acts 735
or incidents. The executive director of the department, or 736
another member of the department designated by the director, 737
shall serve as Chief of Domestic Security for the purpose of 738
directing and coordinating such efforts. The department and 739
Chief of Domestic Security shall use the regional domestic 740
security task forces as established in this chapter to assist in 741
such efforts. 742
Section 14. Section 943.03101, Florida Statutes, i s 743
amended to read: 744
943.03101 Counter-terrorism and immigration enforcement 745
coordination.—The Legislature finds that with respect to 746
counter-terrorism efforts, and initial responses to acts of 747
terrorism within or affecting this state , coordinating with an d 748
providing assistance to the Federal Government in the 749
enforcement of federal immigration laws, and responses to 750
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immigration enforcement incidents within or affecting this 751
state, specialized efforts of emergency management which are 752
unique to such situati ons are required and that these efforts 753
intrinsically involve very close coordination of federal, state, 754
and local law enforcement agencies with the efforts of all 755
others involved in emergency -response efforts. In order to best 756
provide this specialized eff ort, the Legislature has determined 757
that such efforts should be coordinated by and through the 758
Department of Law Enforcement, working closely with the Division 759
of Emergency Management and others involved in preparation 760
against acts of terrorism in or affec ting this state, 761
immigration enforcement incidents within or affecting this 762
state, and in the initial response to such acts, in accordance 763
with the state comprehensive emergency management plan prepared 764
pursuant to s. 252.35(2)(a). 765
Section 15. Present subsections (2) through (7) of section 766
943.0311, Florida Statutes, are redesignated as subsections (3) 767
through (8), respectively, a new subsection (2) is added to that 768
section, and subsection (1) and present subsection (3) of that 769
section are amended, to r ead: 770
943.0311 Chief of Domestic Security; duties of the 771
department with respect to domestic security. — 772
(1) The executive director of the department, or a member 773
of the department designated by the executive director, shall 774
serve as the Chief of Domesti c Security. The Chief of Domestic 775
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Security shall: 776
(a) Coordinate the efforts of the department in the 777
ongoing assessment of this state's vulnerability to, and ability 778
to detect, prevent, prepare for, respond to, and recover from , 779
acts of terrorism within or affecting this state and immigration 780
enforcement incidents within or affecting this state . 781
(b) Prepare recommendations for the Governor, the 782
President of the Senate, and the Speaker of the House of 783
Representatives, which are based upon ongoing assess ments to 784
limit the vulnerability of the state to terrorism and 785
immigration enforcement incidents . 786
(c) Coordinate the collection of proposals to limit the 787
vulnerability of the state to terrorism and immigration 788
enforcement incidents . 789
(d) Use regional ta sk forces to support the duties of the 790
department set forth in this section. 791
(e) Use public or private resources to perform the duties 792
assigned to the department under this section. 793
(2) The chief shall regularly coordinate random audits 794
pursuant to s. 448.095 to ensure compliance and enforcement and 795
shall notify the Department of Economic Opportunity of any 796
violations. 797
(4)(3) The chief shall report to the Governor, the 798
President of the Senate, and the Speaker of the House of 799
Representatives by Novembe r 1 of each year suggestions for 800
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specific and significant security enhancements of any building, 801
facility, or structure owned or leased by a state agency, state 802
university, or community college or any entity that has 803
conducted an assessment under subsectio n (6) (5). The chief may 804
utilize the assessments provided under subsection (6) (5) in 805
making his or her suggestions. The report shall suggest 806
strategies to maximize federal funds in support of building or 807
facility security if such funds are available. 808
Section 16. Section 943.0312, Florida Statutes, is amended 809
to read: 810
943.0312 Regional domestic security task forces. —The 811
Legislature finds that there is a need to develop and implement 812
a statewide strategy to address prevention, preparation, 813
protection, response, and recovery efforts by federal, state, 814
and local law enforcement agencies, emergency management 815
agencies, fire and rescue departments, first -responder 816
personnel, and others in dealing with potential or actual 817
terrorist acts within or affecting t his state and potential or 818
actual immigration enforcement incidents within or affecting 819
this state. 820
(1) To assist the department and the Chief of Domestic 821
Security in performing their roles and duties in this regard, 822
the department shall establish a regi onal domestic security task 823
force in each of the department's operational regions. The task 824
forces shall serve in an advisory capacity to the department and 825
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the Chief of Domestic Security and shall provide support to the 826
department in its performance of fu nctions pertaining to 827
domestic security. 828
(a) Subject to annual appropriation, the department shall 829
provide dedicated employees to support the function of each 830
regional domestic security task force. 831
(b) Each task force shall be co -chaired by the 832
department's special agent in charge of the operational region 833
in which the task force is located and by a local sheriff or 834
chief of police from within the operational region. 835
(c) Each task force membership may also include 836
representatives of state and local la w enforcement agencies, 837
fire and rescue departments, or first -responder personnel; 838
representatives of emergency management agencies and health, 839
medical, and hospital agencies; representatives of local 840
emergency planning committees; and other persons as dee med 841
appropriate and necessary by the task force co -chairs. 842
(d) The co-chairs of each task force may appoint 843
subcommittees and subcommittee chairs as necessary in order to 844
address issues related to the various disciplines represented on 845
the task force, except that subcommittee chairs for emergency 846
management shall be appointed with the approval of the director 847
of the Division of Emergency Management. A subcommittee chair 848
shall serve at the pleasure of the co -chairs. 849
(2) In accordance with the state's dom estic security 850
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strategic goals and objectives, each task force shall coordinate 851
efforts to counter terrorism , as defined by s. 775.30 , and 852
cooperate with and provide assistance to the Federal Government 853
in the enforcement of federal immigration laws within or 854
affecting this state in compliance with chapter 908, among 855
local, state, and federal resources to ensure that such efforts 856
are not fragmented or unnecessarily duplicated; coordinate 857
training for local and state personnel to counter terrorism as 858
defined in by s. 775.30; and cooperate with and provide 859
assistance to the Federal Government in the enforcement of 860
federal immigration laws within or affecting this state in 861
compliance with chapter 908 ; coordinate the collection and 862
dissemination of investigative and intelligence information; and 863
facilitate responses to terrorist incidents within or affecting 864
each region and immigration enforcement incidents within or 865
affecting each region . With the approval of the Chief of 866
Domestic Security, the task forces may i ncorporate other 867
objectives reasonably related to the goals of enhancing the 868
state's domestic security and ability to detect, prevent, and 869
respond to acts of terrorism within or affecting this state or 870
immigration enforcement incidents within or affecting this 871
state. Each task force shall take into account the variety of 872
conditions and resources present within its region. 873
(3) The Chief of Domestic Security, in conjunction with 874
the Division of Emergency Management, the regional domestic 875
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security task forces, and the various state entities responsible 876
for establishing training standards applicable to state law 877
enforcement officers and fire, emergency, and first -responder 878
personnel shall identify appropriate equipment and training 879
needs, curricula, and materi als related to the effective 880
response to suspected or actual acts of terrorism , immigration 881
enforcement incidents, or incidents involving real or hoax 882
weapons of mass destruction as defined in s. 790.166. 883
Recommendations for funding for purchases of equipm ent, delivery 884
of training, implementation of, or revision to basic or 885
continued training required for state licensure or 886
certification, or other related responses shall be made by the 887
Chief of Domestic Security to the Domestic Security Oversight 888
Council, the Executive Office of the Governor, the President of 889
the Senate, and the Speaker of the House of Representatives as 890
necessary to ensure that the needs of this state with regard to 891
the preparing, equipping, training, and exercising of response 892
personnel are identified and addressed. In making such 893
recommendations, the Chief of Domestic Security and the Division 894
of Emergency Management shall identify all funding sources that 895
may be available to fund such efforts. 896
(4) Each regional domestic security task fo rce, working in 897
conjunction with the department, the Office of the Attorney 898
General, and other public or private entities, shall work to 899
ensure that hate-driven acts against ethnic groups that may have 900
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been targeted as a result of acts of terrorism in or a ffecting 901
this state, or as a result of immigration enforcement incidents 902
within or affecting this state, are appropriately investigated 903
and responded to. 904
(5) Members of each regional domestic security task force 905
may not receive any pay other than their s alaries normally 906
received from their employers, but are entitled to reimbursement 907
for per diem and travel expenses in accordance with s. 112.061. 908
(6) Subject to annual appropriation, the department shall 909
provide staff and administrative support for the regional 910
domestic security task forces. 911
Section 17. Section 943.0313, Florida Statutes, is amended 912
to read: 913
943.0313 Domestic Security Oversight Council. —The 914
Legislature finds that there exists a need to provide executive 915
direction and leadership wit h respect to terrorism and 916
immigration enforcement incident prevention, preparation, 917
protection, response, and recovery efforts by state and local 918
agencies in this state. In recognition of this need, the 919
Domestic Security Oversight Council is hereby create d. The 920
council shall serve as an advisory council pursuant to s. 921
20.03(7) to provide guidance to the state's regional domestic 922
security task forces and other domestic security working groups 923
and to make recommendations to the Governor and the Legislature 924
regarding the expenditure of funds and allocation of resources 925
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related to counter-terrorism and cooperating with and providing 926
assistance to the Federal Government in the enforcement of 927
federal immigration laws and domestic security efforts. 928
(1) MEMBERSHIP.— 929
(a) The Domestic Security Oversight Council shall consist 930
of the following voting members: 931
1. The executive director of the Department of Law 932
Enforcement. 933
2. The director of the Division of Emergency Management. 934
3. The Attorney General. 935
4. The Commissioner of Agriculture. 936
5. The State Surgeon General. 937
6. The Commissioner of Education. 938
7. The State Fire Marshal. 939
8. The adjutant general of the Florida National Guard. 940
9. The state chief information officer. 941
10. Each sheriff or chief o f police who serves as a co -942
chair of a regional domestic security task force pursuant to s. 943
943.0312(1)(b). 944
11. Each of the department's special agents in charge who 945
serve as a co-chair of a regional domestic security task force. 946
12. Two representative s of the Florida Fire Chiefs 947
Association. 948
13. One representative of the Florida Police Chiefs 949
Association. 950
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14. One representative of the Florida Prosecuting 951
Attorneys Association. 952
15. The chair of the Statewide Domestic Security 953
Intelligence Committe e. 954
16. One representative of the Florida Hospital 955
Association. 956
17. One representative of the Emergency Medical Services 957
Advisory Council. 958
18. One representative of the Florida Emergency 959
Preparedness Association. 960
19. One representative of the Florid a Seaport 961
Transportation and Economic Development Council. 962
(b) In addition to the members designated in paragraph 963
(a), the council may invite other ex officio, nonvoting members 964
to attend and participate in council meetings. Those nonvoting 965
members may include, but need not be limited to: 966
1. The executive director of the Department of Highway 967
Safety and Motor Vehicles. 968
2. The Secretary of Health Care Administration. 969
3. The Secretary of Environmental Protection. 970
4. The director of the Division of Law Enforcement within 971
the Fish and Wildlife Conservation Commission. 972
5. A representative of the Commission on Human Relations. 973
6. A representative of the United States Coast Guard. 974
7. A United States Attorney from a federal judicial 975
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circuit within this state. 976
8. A special agent in charge from an office of the Federal 977
Bureau of Investigation within this state. 978
9. A representative of the United States Department of 979
Homeland Security. 980
10. A representative of United States Immigration and 981
Customs Enforcement. 982
11. A representative of United States Customs and Border 983
Protection. 984
(2) ORGANIZATION.— 985
(a) The Legislature finds that the council serves a 986
legitimate state, county, and municipal purpose and that service 987
on the council is consistent with a member's principal service 988
in public office or employment. Membership on the council does 989
not disqualify a member from holding any other public office or 990
being employed by a public entity, except that a member of the 991
Legislature may not serve on the cou ncil. 992
(b) The executive director of the Department of Law 993
Enforcement shall serve as chair of the council, and the 994
director of the Division of Emergency Management shall serve as 995
vice chair of the council. In the absence of the chair, the vice 996
chair shall serve as chair. In the absence of the vice chair, 997
the chair may name any member of the council to perform the 998
duties of the chair if such substitution does not extend beyond 999
a defined meeting, duty, or period of time. 1000
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(c) Any absent voting member of th e council may be 1001
represented by a designee empowered to act on any issue before 1002
the council to the same extent that the designating member is 1003
empowered. If a co-chair of a regional domestic security task 1004
force is absent from a council meeting, the co -chair shall 1005
appoint a subcommittee chair of that task force as the designee. 1006
(d) The council shall establish bylaws for its general 1007
governance. 1008
(e) Any member of the council serving by reason of the 1009
office or employment held by the member shall cease to ser ve on 1010
the council at such time as he or she ceases to hold the office 1011
or employment which was the basis for appointment to the 1012
council. 1013
(f) Representatives from agencies or organizations other 1014
than those designated by title shall be chosen by the entity. 1015
Except for those individuals designated by title, council 1016
members shall be certified annually to the chair by the 1017
organization they represent. 1018
(g) Members of the council or their designees shall serve 1019
without compensation but are entitled to reimburseme nt for per 1020
diem and travel expenses pursuant to s. 112.061. 1021
(h) The department shall provide the council with the 1022
staff support necessary to assist in the performance of its 1023
duties. 1024
(3) MEETINGS.—The council must meet at least semiannually. 1025
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Additional meetings may be held as necessary. A majority of the 1026
members of the council constitutes a quorum. 1027
(4) EXECUTIVE COMMITTEE. — 1028
(a) The council shall establish an executive committee 1029
consisting of the following members: 1030
1. The executive director of the D epartment of Law 1031
Enforcement. 1032
2. The director of the Division of Emergency Management. 1033
3. The Attorney General. 1034
4. The Commissioner of Agriculture. 1035
5. The State Surgeon General. 1036
6. The Commissioner of Education. 1037
7. The State Fire Marshal. 1038
(b) The executive director of the Department of Law 1039
Enforcement shall serve as the chair of the executive committee, 1040
and the director of the Division of Emergency Management shall 1041
serve as the vice chair of the executive committee. 1042
(c) The executive committee shall approve all matters 1043
brought before the council prior to consideration. When 1044
expedited action of the council is deemed necessary by the chair 1045
or vice chair, the executive committee may act on behalf of the 1046
council. 1047
(5) DUTIES OF THE COUNCI L.— 1048
(a) The Domestic Security Oversight Council shall serve as 1049
an advisory council to the Governor, the Legislature, and the 1050
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Chief of Domestic Security. The council shall: 1051
1. Review the development, maintenance, and operation of a 1052
comprehensive multidi sciplinary domestic security strategy that 1053
will guide the state's prevention, preparedness, protection, 1054
response, and recovery efforts against terrorist attacks and 1055
immigration enforcement incidents and make appropriate 1056
recommendations to ensure the implem entation of that strategy. 1057
2. Review the development of integrated funding plans to 1058
support specific projects, goals, and objectives necessary to 1059
the state's domestic security strategy and make appropriate 1060
recommendations to implement those plans. 1061
3. Review and recommend approval of prioritized 1062
recommendations from regional domestic security task forces and 1063
state working groups on the use of available funding to ensure 1064
the use of such funds in a manner that best promotes the goals 1065
of statewide, regional , and local domestic security through 1066
coordinated planning and implementation strategies. 1067
4. Review and recommend approval of statewide policies and 1068
operational protocols that support the domestic security efforts 1069
of the regional domestic security task f orces and state 1070
agencies. 1071
5. Review the overall statewide effectiveness of domestic 1072
security efforts, and counter-terrorism efforts, and efforts of 1073
coordinating with and providing assistance to the Federal 1074
Government in the enforcement of federal immigra tion laws in 1075
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order to provide suggestions to improve or enhance those 1076
efforts. 1077
6. Review the efforts of any agency or entity involved in 1078
state or local domestic security efforts, and counter-terrorism 1079
efforts, and efforts of coordination with and providi ng 1080
assistance to the Federal Government in the enforcement of 1081
federal immigration laws that requests assistance or that 1082
appears to need such review in order to provide suggestions to 1083
improve or enhance those efforts. 1084
7. Review efforts within the state to better secure state 1085
and local infrastructure against terrorist attack or immigration 1086
enforcement incidents and make recommendations to enhance the 1087
effectiveness of such efforts. 1088
8. Review and recommend legislative initiatives related to 1089
the state's domestic security and provide endorsement or 1090
recommendations to enhance the effectiveness of such efforts. 1091
9. Review statewide or multiagency mobilizations and 1092
responses to major domestic security incidents and recommend 1093
suggestions for training, improvement of response efforts, or 1094
improvement of coordination or for other strategies that may be 1095
derived as necessary from such reviews. 1096
10. Conduct any additional review or inquiry or make 1097
recommendations to the Governor and Legislature in support of 1098
other initiatives, as may be necessary, to fulfill the function 1099
of general oversight of the state's domestic security efforts, 1100
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and counter-terrorism efforts, and efforts of coordinating with 1101
and providing assistance to the Federal Government in the 1102
enforcement of federal immigration laws and to promote increased 1103
security. 1104
11. Promote and preserve intergovernmental cooperation and 1105
consensus among state and local agencies, the Federal 1106
Government, private entities, other states, and other nations, 1107
as appropriate, unde r the guidance of the Governor. 1108
(b) The Domestic Security Oversight Council shall make an 1109
annual funding recommendation to the Governor and Legislature 1110
which shall prioritize funding requests based on allocations 1111
from all available sources for implementi ng the state's domestic 1112
security strategy. This recommendation must include the 1113
prioritized recommendations of each of the regional domestic 1114
security task forces and the various working groups that 1115
participate in the prioritization process for funding 1116
allocations. The recommendation must reflect the consideration 1117
of strategic priorities and allocations that best serve the 1118
state's overall domestic security needs. The recommendation 1119
shall be transmitted to the Governor and the Legislature by 1120
December 31 of each year. If additional funds become available, 1121
or reallocation of funding is required beyond current spending 1122
authorizations, the council may make recommendations to the 1123
Governor for consideration by the Legislative Budget Commission. 1124
(6) REPORTS.—The council shall report annually on its 1125
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activities, on or before December 31 of each calendar year, to 1126
the Governor, the President of the Senate, the Speaker of the 1127
House of Representatives, and the chairs of the committees 1128
having principal jurisdiction over do mestic security in the 1129
Senate and the House of Representatives. 1130
(7) AGENCY DESIGNATION. —For purposes of this section, the 1131
Domestic Security Oversight Council shall be considered a 1132
criminal justice agency within the definition of s. 119.011(4). 1133
Section 18. Paragraph (g) of subsection (2) and paragraph 1134
(a) of subsection (3) of section 943.325, Florida Statutes, are 1135
amended, and paragraph (f) is added to subsection (7) of that 1136
section, to read: 1137
943.325 DNA database. — 1138
(2) DEFINITIONS.—As used in this section, the term: 1139
(g) "Qualifying offender" means any person, including 1140
juveniles and adults, who is: 1141
1.a. Committed to a county jail; 1142
b. Committed to or under the supervision of the Department 1143
of Corrections, including persons incarcerated in a pri vate 1144
correctional institution operated under contract pursuant to s. 1145
944.105; 1146
c. Committed to or under the supervision of the Department 1147
of Juvenile Justice; 1148
d. Transferred to this state under the Interstate Compact 1149
on Juveniles, part XIII of chapter 9 85; or 1150
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e. Accepted under Article IV of the Interstate Corrections 1151
Compact, part III of chapter 941; and who is: 1152
2.a. Convicted of any felony offense or attempted felony 1153
offense in this state or of a similar offense in another 1154
jurisdiction; 1155
b. Convicted of a misdemeanor violation of s. 784.048, s. 1156
810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 1157
offense that was found, pursuant to s. 874.04, to have been 1158
committed for the purpose of benefiting, promoting, or 1159
furthering the interests of a criminal gang as defined in s. 1160
874.03; or 1161
c. Arrested for any felony offense or attempted felony 1162
offense in this state ; or 1163
d. In the custody of a law enforcement agency and is 1164
subject to an immigration detainer issued by a federal 1165
immigration agency. 1166
(3) COLLECTION OF SAMPLES. — 1167
(a) Each qualifying offender shall submit a DNA sample at 1168
the time he or she is booked into a jail, correctional facility, 1169
or juvenile facility. A person who becomes a qualifying offender 1170
solely because of the issuance of a n immigration detainer by a 1171
federal immigration agency must submit a DNA sample when the law 1172
enforcement agency having custody of the offender receives the 1173
detainer. 1174
(7) COLLECTION OF DNA SAMPLES FROM OFFENDERS. — 1175
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(f) A law enforcement agency having cus tody of a person 1176
who becomes a qualifying offender solely because of the issuance 1177
of an immigration detainer by a federal immigration agency shall 1178
ensure that a DNA sample is taken from the offender immediately 1179
after the agency receives the detainer and sh all secure and 1180
transmit the sample to the department in a timely manner. 1181
Section 19. Paragraph (m) of subsection (3) of section 1182
394.9082, Florida Statutes, is amended to read: 1183
394.9082 Behavioral health managing entities. — 1184
(3) DEPARTMENT DUTIES. —The department shall: 1185
(m) Collect and publish, and update annually, all of the 1186
following information on its website for each managing entity: 1187
1. All compensation earned or awarded, whether paid or 1188
accrued, regardless of contingency, by position, for any 1189
employee, and any other person compensated through a contract 1190
for services whose services include those commonly associated 1191
with a chief executive, chief administrator, or other chief 1192
officer of a business or corporation, who receives compensation 1193
from state-appropriated funds in excess of 150 percent of the 1194
annual salary paid to the secretary of the department. For 1195
purposes of this paragraph, the term "employee" means a person 1196
filling an authorized and established position who performs 1197
labor or services fo r a public or private employer in exchange 1198
for salary, wages, or other remuneration has the same meaning as 1199
in s. 448.095(1). 1200
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2. The most recent 3 years of the Return of Organization 1201
Exempt from Income Tax, Internal Revenue Service Form 990 and 1202
related documents filed with the Internal Revenue Service, 1203
auditor reports, and annual reports for each managing entity or 1204
affiliated entity. 1205
Section 20. Paragraph (a) of subsection (4) of section 1206
409.996, Florida Statutes, is amended to read: 1207
409.996 Duties of the Department of Children and 1208
Families.—The department shall contract for the delivery, 1209
administration, or management of care for children in the child 1210
protection and child welfare system. In doing so, the department 1211
retains responsibility for the qual ity of contracted services 1212
and programs and shall ensure that, at a minimum, services are 1213
delivered in accordance with applicable federal and state 1214
statutes and regulations and the performance standards and 1215
metrics specified in the strategic plan created u nder s. 1216
20.19(1). 1217
(4)(a) The department shall collect and publish on its 1218
website, and annually update, all of the following information 1219
for each lead agency under contract with the department: 1220
1. All compensation earned or awarded, whether paid or 1221
accrued, regardless of contingency, by position, for any 1222
employee, and any other person who is compensated through a 1223
contract for services whose services include those commonly 1224
associated with a chief executive, chief administrator, or other 1225
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chief officer of a business or corporation, who receives 1226
compensation from state -appropriated funds in excess of 150 1227
percent of the annual salary paid to the secretary of the 1228
department. For purposes of this paragraph, the term "employee" 1229
means a person filling an authorize d and established position 1230
who performs labor or services for a public or private employer 1231
in exchange for salary, wages, or other remuneration has the 1232
same meaning as in s. 448.095 . 1233
2. All findings of the review under subsection (3). 1234
Section 21. For the 2023-2024 fiscal year, the 1235
nonrecurring sum of $12 million from the General Revenue Fund is 1236
appropriated to the Division of Emergency Management within the 1237
Executive Office of the Governor for the Unauthorized Alien 1238
Transport Program. 1239
Section 22. Except as otherwise expressly provided in this 1240
act and except for this section, which shall take effect upon 1241
becoming a law, this act shall take effect July 1, 2023. 1242