FL
Florida House Bill H1617

Florida 2023 Regular Session

Florida House Bill H1617 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to immigration; creating ss. 125.0156 2
16-and 166.246, F.S.; prohibiting counties and 3
17-municipalities, respectively, from providing funds to 4
18-any person, entity, or organization to issue 5
19-identification documents to an individual who does not 6
20-provide proof of lawful presence in the United States; 7
21-creating s. 322.033, F.S.; specifying that certain 8
22-driver licenses and permits issued by other states 9
23-exclusively to unauthorized immigrants are not valid 10
24-in this state; requiring law enforcement officers and 11
25-authorized representatives of the Department of 12
26-Highway Safety and Motor Vehicles to cite a person 13
27-driving with a specified invalid license; requiring 14
28-the department to maintain a list on its website of 15
29-out-of-state classes of driver licenses that are 16
30-invalid in this state; amending s. 322.04, F.S.; 17
31-revising the circumstances under which certain persons 18
32-are exempt from obtaining a driver license; creating 19
33-s. 395.3027, F.S.; requiring certain hospitals to 20
34-collect patient immigration status data informati on on 21
35-admission or registration forms; requiring hospitals 22
36-to submit quarterly reports to the Agency for Health 23
37-Care Administration containing specified information; 24
38-requiring the agency to submit an annual report to the 25
15+An act relating to unlawful immigration; amending s. 2
16+97.051, F.S.; revising the oath taken by a person 3
17+registering to vote; creating ss. 125.0156 and 4
18+166.246, F.S.; prohibiting counties and 5
19+municipalities, respectively, from providing funds to 6
20+any person, entity, or organization to issue 7
21+identification documents to an individual who does not 8
22+provide proof of lawful presence in the United States; 9
23+creating s. 322.033, F.S.; specifying that certain 10
24+driver licenses and permits issued by other states 11
25+exclusively to unauthorized immigrants are not valid 12
26+in this state; requiring law enforcement officers and 13
27+authorized representatives of the Department of 14
28+Highway Safety and Motor Vehicles to cite a person 15
29+driving with a such a license; requiring the 16
30+department to maintain a list on its website of out -17
31+of-state classes of driver licenses that are invalid 18
32+in this state; amending s. 322.04, F.S.; revising the 19
33+circumstances under which certain persons are exempt 20
34+from obtaining a driver license; creating s. 395.3027, 21
35+F.S.; requiring certain hospitals to collect patient 22
36+immigration status data information on admission or 23
37+registration forms; requiring a statement on such 24
38+forms specifying that patient care will be unaffected; 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-Governor and the Legislature contai ning specified 26
52-information; authorizing the agency to adopt rules; 27
53-prohibiting rules requiring the disclosure of certain 28
54-information; amending s. 448.09, F.S.; requiring the 29
55-Department of Economic Opportunity to enter a certain 30
56-order and require repayment of certain economic 31
57-development incentives if the department finds or is 32
58-notified that an employer has knowingly employed an 33
59-unauthorized alien without verifying the employment 34
60-eligibility of such person; deleting provisions 35
61-relating to a first violation o f specified provisions; 36
62-providing penalties, including a probationary period 37
63-and suspension and revocation of all licenses of 38
64-employers; deleting criminal penalties for second and 39
65-subsequent violations of specified provisions; 40
66-deleting a provision providin g construction; providing 41
67-criminal penalties for certain aliens who knowingly 42
68-use false identification documents or who fraudulently 43
69-use identification documents of another person for the 44
70-purpose of obtaining employment; making technical 45
71-changes; amending s. 448.095, F.S.; revising 46
72-definitions; requiring an employer to verify a new 47
73-employee's employment eligibility within 3 business 48
74-days after the first day the new employee begins 49
75-working for pay; requiring public agencies to use the 50
51+requiring hospitals to submit quarterly reports to the 26
52+Agency for Health Care Administration containing 27
53+specified information; requiring the agency to submit 28
54+an annual report to the Governor and the Legislature 29
55+containing specified information; authorizing the 30
56+agency to adopt rules; prohibiting rules requi ring the 31
57+disclosure of patient names to the agency; amending s. 32
58+448.095, F.S.; requiring private employers to use the 33
59+E-Verify system to verify the employment eligibility 34
60+of persons who accept employment offers or renewals or 35
61+extensions of employment contr acts; requiring 36
62+employers to retain a copy of the official 37
63+verification obtained from the E -Verify system and 38
64+supporting documentation for a specified amount of 39
65+time; revising liability requirements for private 40
66+employers relating to employment verification ; 41
67+authorizing the Department of Economic Opportunity to 42
68+enforce requirements to use E -Verify and to conduct 43
69+random audits of employers; revising the circumstances 44
70+under which a private employer's licenses must be 45
71+revoked; authorizing persons to file compla ints with 46
72+the department relating to the employment of 47
73+unauthorized aliens; providing a criminal penalty for 48
74+false or frivolous complaints; authorizing the 49
75+department to investigate such complaints; requiring 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-E-Verify system to veri fy a new employee's employment 51
89-eligibility; requiring private employers with a 52
90-certain number of employees to use the E -Verify system 53
91-to verify a new employee's employment eligibility 54
92-beginning on a certain date; requiring employers to 55
93-certify use of the E -Verify system on unemployment 56
94-compensation or reemployment assistance system 57
95-returns; requiring employers to use a certain form if 58
96-the E-Verify system is unavailable; requiring 59
97-employers to retain specified documentation for a 60
98-certain number of years; pro hibiting an employer from 61
99-continuing to employ an unauthorized alien after 62
100-obtaining knowledge that a person is or has become an 63
101-unauthorized alien; providing an exception; 64
102-authorizing specified persons or entities to request, 65
103-and requiring an employer to provide, copies of 66
104-specified documentation; creating a certain rebuttable 67
105-presumption that the employer has not violated 68
106-specified provisions with respect to the employment of 69
107-an unauthorized alien; establishing an affirmative 70
108-defense to an allegation that the employer has not 71
109-violated specified provisions with respect to the 72
110-employment of an unauthorized alien; requiring a 73
111-public agency to require in any contract that a 74
112-contractor or subcontractor register with and use the 75
88+the department to notify United States Immigrat ion and 51
89+Customs Enforcement of unauthorized aliens under 52
90+certain circumstances; providing a criminal penalty 53
91+for providing a false identification document or 54
92+fraudulently using the identification document of 55
93+another person for the purpose of obtaining 56
94+employment; providing that certain actions are 57
95+considered deceptive and unfair trade practices 58
96+subject to specified provisions; amending s. 454.021, 59
97+F.S.; deleting a provision authorizing an unauthorized 60
98+immigrant to obtain a license to practice law in this 61
99+state under certain circumstances; providing 62
100+applicability; amending s. 943.325, F.S.; revising the 63
101+definition of the term "qualifying offender" to 64
102+include certain persons who are the subject of an 65
103+immigration detainer; requiring certain qualifying 66
104+offenders to submit DNA samples at a specified time; 67
105+requiring law enforcement agencies to immediately take 68
106+DNA samples from certain qualifying offenders under 69
107+certain circumstances; providing an effective date. 70
108+ 71
109+Be It Enacted by the Legislature of the State of Florida: 72
110+ 73
111+ Section 1. Section 97.051, Florida Statutes, is amended to 74
112+read: 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-E-Verify system; prohibiting a pu blic agency, 76
126-contractor, or subcontractor from entering into a 77
127-contract unless each party to the contract registers 78
128-with and uses the E-Verify system; requiring the 79
129-termination of certain contracts under specified 80
130-conditions; authorizing a public agency, c ontractor, 81
131-or subcontractor to file a cause of action to 82
132-challenge a termination; specifying required 83
133-departmental action to ensure compliance with 84
134-specified provisions; requiring the department to 85
135-impose fines against employers under certain 86
136-circumstances; providing for the deposit of such 87
137-fines; providing construction; conforming provisions 88
138-to changes made by the act; amending s. 454.021, F.S.; 89
139-deleting a provision authorizing an unauthorized 90
140-immigrant to obtain a license to practice law in this 91
141-state under certain circumstances; providing 92
142-applicability; amending s. 787.07, F.S.; providing 93
143-criminal penalties for persons who knowingly and 94
144-willfully violate, or who reasonably should know and 95
145-violate, certain provisions relating to the 96
146-transporting into this state of individuals who 97
147-entered the United States unlawfully and without 98
148-inspection by the Federal Government; providing 99
149-criminal penalties for persons who transport minors 100
125+ 97.051 Oath upon registering. —A person registering to vote 76
126+must subscribe to the following oath: "I do solemnly swear (or 77
127+affirm) that I will protect and defend the Constitut ion of the 78
128+United States and the Constitution of the State of Florida, that 79
129+I am a citizen of the United States and a legal resident of 80
130+Florida, that I am qualified to register as an elector under the 81
131+Constitution and laws of the State of Florida, and that all 82
132+information provided in this application is true." 83
133+ Section 2. Section 125.0156, Florida Statutes, is created 84
134+to read: 85
135+ 125.0156 Restriction on providing funds for identification 86
136+documents.—A county may not provide funds to any person, entity, 87
137+or organization for the purpose of issuing an identification 88
138+card or document to an individual who does not provide proof of 89
139+lawful presence in the United States. 90
140+ Section 3. Section 166.246, Florida Statutes, is created 91
141+to read: 92
142+ 166.246 Restriction on p roviding funds for identification 93
143+documents.—A municipality may not provide funds to any person, 94
144+entity, or organization for the purpose of issuing an 95
145+identification card or document to an individual who does not 96
146+provide proof of lawful presence in the Uni ted States. 97
147+ Section 4. Section 322.033, Florida Statutes, is created 98
148+to read: 99
149+ 322.033 Unauthorized aliens; invalid out -of-state driver 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-into this state in violation of certain provisions; 101
163-providing for enhanced crimina l penalties; defining 102
164-the term "conviction"; providing circumstances that 103
165-give rise to a certain inference; requiring that 104
166-persons who violate certain provisions be held in 105
167-custody; making technical changes; amending s. 895.02, 106
168-F.S.; revising the definitio n of the term 107
169-"racketeering activity"; amending s. 908.104, F.S.; 108
170-specifying that a state entity, local governmental 109
171-entity, or law enforcement agency, or an employee, an 110
172-agent, or a representative of the entity or agency, 111
173-may not prohibit or in any way re strict a law 112
174-enforcement agency from sending the applicable 113
175-information obtained pursuant to certain provisions to 114
176-a federal immigration agency; amending s. 943.03, 115
177-F.S.; requiring the Department of Law Enforcement to 116
178-coordinate and direct the law enforcem ent, initial 117
179-emergency, and other initial responses in matters 118
180-dealing with the Federal Government in federal 119
181-immigration law enforcement and responses to 120
182-immigration enforcement incidents within or affecting 121
183-this state; amending s. 943.03101, F.S.; revisi ng 122
184-legislative findings and determinations; amending s. 123
185-943.0311, F.S.; revising the required duties of the 124
186-Chief of Domestic Security; requiring the chief to 125
162+licenses.— 101
163+ (1) If a driver license is of a class of licenses issued 102
164+by another state exclusively to undocumented immigrants who are 103
165+unable to prove lawful presence in the United States when the 104
166+licenses are issued, the driver license, or other permit 105
167+purporting to authorize the holder to operate a motor vehicle on 106
168+public roadways, is invalid in this state and does no t authorize 107
169+the holder to operate a motor vehicle in this state. Such 108
170+classes of licenses include licenses that are issued exclusively 109
171+to undocumented immigrants or licenses that are substantially 110
172+the same as licenses issued to citizens, residents, or thos e 111
173+lawfully present in the United States but have markings 112
174+establishing that the license holder did not exercise the option 113
175+of providing proof of lawful presence. 114
176+ (2) A law enforcement officer or other authorized 115
177+representative of the department who stops a person driving with 116
178+an invalid license as described in subsection (1) and driving 117
179+without a valid license shall issue a citation to the driver for 118
180+driving without a license in violation of s. 322.03. 119
181+ (3) The department, to facilitate the enforcement o f this 120
182+section and to aid in providing notice to the public and 121
183+visitors of invalid licenses, shall maintain on its website a 122
184+list of out-of-state classes of driver licenses that are invalid 123
185+in this state. 124
186+ Section 5. Section 322.04, Florida Statutes, i s amended to 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-regularly coordinate random audits pursuant to 126
200-specified provisions and notify the Department of 127
201-Economic Opportunity of any violations; amending s. 128
202-943.0312, F.S.; revising legislative findings; 129
203-requiring that each task force cooperate with and 130
204-provide assistance to the Federal Government in the 131
205-enforcement of federal immigration laws within or 132
206-affecting this state in compliance with specified 133
207-provisions, in accordance with the state's domestic 134
208-security strategic goals and objectives; requiring the 135
209-Chief of Domestic Security to, in conjunction with 136
210-specified entities, identify appropriate equipment an d 137
211-training needs, curricula, and materials related to 138
212-the effective response to immigration enforcement 139
213-incidents; requiring that each regional domestic 140
214-security task force, working in conjunction with 141
215-specified entities, work to ensure that hate -driven 142
216-acts against ethnic groups that may have been targeted 143
217-as a result of immigration enforcement incidents 144
218-within or affecting this state are appropriately 145
219-investigated and responded to; amending s. 943.0313, 146
220-F.S.; revising legislative findings; requiring the 147
221-Domestic Security Oversight Council to make 148
222-recommendations to the Governor and the Legislature 149
223-regarding the expenditure of funds and allocation of 150
199+read: 126
200+ 322.04 Persons exempt from obtaining driver license. — 127
201+ (1) The following persons are exempt from obtaining a 128
202+driver license: 129
203+ (a) Any employee of the United States Government, while 130
204+operating a noncommercial motor vehicle owned by or leased to 131
205+the United States Government and being operated on official 132
206+business. 133
207+ (b) Any person while driving or operating any road 134
208+machine, farm tractor, or implement of husbandry temporarily 135
209+operated or moved on a highway. 136
210+ (c) A nonresident who is at least 16 years of age and who 137
211+has in his or her immediate possession a valid noncommercial 138
212+driver license issued to the nonresident in his or her home 139
213+state or country operating a motor vehicle of the type for which 140
214+a Class E driver license is required in this state, if the 141
215+nonresident's license is not invalid under s. 322.033 relating 142
216+to proof of the licensee's lawful presence in the United States . 143
217+ (d) A nonresident who is at least 18 years of age and who 144
218+has in his or her immediate possession a valid n oncommercial 145
219+driver license issued to the nonresident in his or her home 146
220+state or country operating a motor vehicle, other than a 147
221+commercial motor vehicle, in this state , if the nonresident's 148
222+license is not invalid under s. 322.033 relating to proof of the 149
223+licensee's lawful presence in the United States . 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-resources related to cooperating with and providing 151
237-assistance to the Federal Government in the 152
238-enforcement of federal immigration laws; expanding the 153
239-list of persons whom the council may invite to attend 154
240-and participate in its meetings as ex officio, 155
241-nonvoting members; revising the duties of the council; 156
242-amending s. 943.325, F.S.; revising the definition of 157
243-the term "qualifying offender" to include certain 158
244-persons who are the subject of an immigration detainer 159
245-issued by a federal immigration agency; requiring 160
246-certain qualifying offenders to submit DNA samples at 161
247-a specified time; requiring law enforcement agenci es 162
248-to immediately take DNA samples from certain 163
249-qualifying offenders under certain circumstances; 164
250-amending ss. 394.9082 and 409.996, F.S.; conforming 165
251-provisions to changes made by the act; providing an 166
252-appropriation; providing effective dates. 167
253- 168
254-Be It Enacted by the Legislature of the State of Florida: 169
255- 170
256- Section 1. Section 125.0156, Florida Statutes, is created 171
257-to read: 172
258- 125.0156 Restriction on providing funds for identification 173
259-documents.—A county may not provide funds to any person, entity, 174
260-or organization for the purpose of issuing an identification 175
236+ (e) Any person operating a golf cart, as defined in s. 151
237+320.01, which is operated in accordance with the provisions of 152
238+s. 316.212. 153
239+ (2) This section does not apply to any person to whom s. 154
240+322.031 applies. 155
241+ (3) Any person working for a firm under contract to the 156
242+United States Government whose residence is outside this state 157
243+and whose main point of employment is outside this state may 158
244+drive a noncommercial vehicle on the public roads of this state 159
245+for periods up to 60 days while in this state on temporary duty, 160
246+if the person has a valid driver license from the state of the 161
247+person's residence and if the license is not invalid under s. 162
248+322.033 relating to proof of the licensee's lawful presence in 163
249+the United States. 164
250+ Section 6. Section 395.3027, Florida Statutes, is created 165
251+to read: 166
252+ 395.3027 Patient immigration status data collection. — 167
253+ (1) Each hospital that accepts Medicaid must include a 168
254+provision on its patient admission or registration forms for the 169
255+patient or the patient's representative to state or indicate 170
256+whether the patient is a United States citizen or lawfully 171
257+present in the United States or is not lawfully present in the 172
258+United States. The inquiry must be followed by a statement that 173
259+the response will not affect patient care or result in a report 174
260+of the patient's immigration status to immigration authorities. 175
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273-card or document to an individual who does not provide proof of 176
274-lawful presence in the United States. 177
275- Section 2. Section 166.246, Florida Statutes, is created 178
276-to read: 179
277- 166.246 Restriction on provi ding funds for identification 180
278-documents.—A municipality may not provide funds to any person, 181
279-entity, or organization for the purpose of issuing an 182
280-identification card or document to an individual who does not 183
281-provide proof of lawful presence in the United States. 184
282- Section 3. Section 322.033, Florida Statutes, is created 185
283-to read: 186
284- 322.033 Unauthorized aliens; invalid out -of-state driver 187
285-licenses.— 188
286- (1) If a driver license is of a class of licenses issued 189
287-by another state exclusively to undocumented immi grants who are 190
288-unable to prove lawful presence in the United States when the 191
289-licenses are issued, the driver license, or other permit 192
290-purporting to authorize the holder to operate a motor vehicle on 193
291-public roadways, is invalid in this state and does not au thorize 194
292-the holder to operate a motor vehicle in this state. Such 195
293-classes of licenses include licenses that are issued exclusively 196
294-to undocumented immigrants or licenses that are substantially 197
295-the same as licenses issued to citizens, residents, or those 198
296-lawfully present in the United States but have markings 199
297-establishing that the license holder did not exercise the option 200
273+ (2) Each hospital must submit a quarterly report to the 176
274+agency within 30 days after the end of each calendar quarter 177
275+which reports the number of hospital admissions or visits within 178
276+the previous quarter that were made by a patient who indicated 179
277+that he or she was a citizen of the United States or lawfully 180
278+present in the United States, was not lawfully present in the 181
279+United States, or dec lined to answer. 182
280+ (3) By March 1 of each year, the agency shall submit a 183
281+report to the Governor, the President of the Senate, and the 184
282+Speaker of the House of Representatives which includes the total 185
283+number of hospital admissions and visits for the previou s 186
284+calendar year for which the patient or patient's representative 187
285+reported that the patient was a citizen of the United States or 188
286+lawfully present in the United States, was not lawfully present 189
287+in the United States, or declined to answer. The report must 190
288+also describe information relating to the costs of uncompensated 191
289+care for aliens who are not lawfully present in the United 192
290+States, the impact of uncompensated care on the cost or ability 193
291+of hospitals to provide services to the public, hospital funding 194
292+needs, and other related information. 195
293+ (4) The agency may adopt rules relating to the format and 196
294+information to be contained in quarterly reports and the 197
295+acceptable formats for hospitals to use in requesting 198
296+information regarding a patient's immigration statu s on hospital 199
297+admission or registration forms. The rules may not require the 200
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310-of providing proof of lawful presence. 201
311- (2) A law enforcement officer or other authorized 202
312-representative of the department who stops a p erson driving with 203
313-an invalid license as described in subsection (1) and driving 204
314-without a valid license shall issue a citation to the driver for 205
315-driving without a license in violation of s. 322.03. 206
316- (3) The department, to facilitate the enforcement of th is 207
317-section and to aid in providing notice to the public and 208
318-visitors of invalid licenses, shall maintain on its website a 209
319-list of out-of-state classes of driver licenses that are invalid 210
320-in this state. 211
321- Section 4. Section 322.04, Florida Statutes, is am ended to 212
322-read: 213
323- 322.04 Persons exempt from obtaining driver license. — 214
324- (1) The following persons are exempt from obtaining a 215
325-driver license: 216
326- (a) Any employee of the United States Government, while 217
327-operating a noncommercial motor vehicle owned by or leased to 218
328-the United States Government and being operated on official 219
329-business. 220
330- (b) Any person while driving or operating any road 221
331-machine, farm tractor, or implement of husbandry temporarily 222
332-operated or moved on a highway. 223
333- (c) A nonresident who is at least 16 years of age and who 224
334-has in his or her immediate possession a valid noncommercial 225
310+disclosure of patient names to the agency. 201
311+ Section 7. Subsection (4) of section 448.095, Florida 202
312+Statutes, is renumbered as subsection (7), new subsections (4), 203
313+(5), and (6) are added to that section, and subsection (3) of 204
314+that section is amended, to read: 205
315+ 448.095 Employment eligibility. — 206
316+ (3) PRIVATE EMPLOYERS. — 207
317+ (a) A private employer shall verify a person's employment 208
318+eligibility using the E -Verify system within 30 days Beginning 209
319+January 1, 2021, a private employer shall, after making an offer 210
320+of employment which has been accepted by a person, and within 30 211
321+days after a person accepts a renewal or extension of an 212
322+employment contract with the employer. The employer must r etain 213
323+a copy of the official verification generated by the E -Verify 214
324+system and any supporting documentation used to generate the 215
325+verification for at least 3 years after the date the 216
326+verification was generated verify such person's employment 217
327+eligibility. A private employer is not required to verify the 218
328+employment eligibility of a continuing employee hired before 219
329+January 1, 2021. However, if a person is a contract employee 220
330+retained by a private employer, the private employer must verify 221
331+the employee's employm ent eligibility upon the renewal or 222
332+extension of his or her contract. 223
333+ (b) A private employer shall verify a person's employment 224
334+eligibility by: 225
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343343 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
344344
345345
346346
347-driver license issued to the nonresident in his or her home 226
348-state or country operating a motor vehicle of the type for which 227
349-a Class E driver license is required in this state, if the 228
350-nonresident's license is not invalid under s. 322.033 relating 229
351-to proof of the licensee's lawful presence in the United States . 230
352- (d) A nonresident who is at least 18 years of age and who 231
353-has in his or her immediate possession a valid no ncommercial 232
354-driver license issued to the nonresident in his or her home 233
355-state or country operating a motor vehicle, other than a 234
356-commercial motor vehicle, in this state , if the nonresident's 235
357-license is not invalid under s. 322.033 relating to proof of the 236
358-licensee's lawful presence in the United States . 237
359- (e) Any person operating a golf cart, as defined in s. 238
360-320.01, which is operated in accordance with the provisions of 239
361-s. 316.212. 240
362- (2) This section does not apply to any person to whom s. 241
363-322.031 applies. 242
364- (3) Any person working for a firm under contract to the 243
365-United States Government whose residence is outside this state 244
366-and whose main point of employment is outside this state may 245
367-drive a noncommercial vehicle on the public roads of this state 246
368-for periods up to 60 days while in this state on temporary duty, 247
369-if the person has a valid driver license from the state of the 248
370-person's residence and if the license is not invalid under s. 249
371-322.033 relating to proof of the licensee's lawful presence in 250
347+ 1. Using the E-Verify system; or 226
348+ 2. Requiring the person to provide the same documentation 227
349+that is required by the United States Citizenship and 228
350+Immigration Services on its Employment Eligibility Verification 229
351+form (Form I-9). The private employer must retain a copy of the 230
352+documentation provided under this subparagraph for at least 3 231
353+years after the person's in itial date of employment. 232
354+ (b)(c) A private employer that reasonably and in good 233
355+faith relies on identification documents submitted by an 234
356+applicant or employee and complies with this subsection may not 235
357+be held civilly or criminally liable under state law for hiring, 236
358+continuing to employ, or refusing to hire an unauthorized alien 237
359+if the information obtained from the E-Verify system pursuant to 238
360+paragraph (a) under paragraph (b) indicates that the person's 239
361+work authorization status was not that of an unauthor ized alien. 240
362+ (d) For purposes of this subsection, compliance with 241
363+paragraph (b) creates a rebuttable presumption that a private 242
364+employer did not knowingly employ an unauthorized alien in 243
365+violation of s. 448.09(1). 244
366+ (c)(e) For the purpose of enforcement o f this section, the 245
367+following persons or entities may request, and a private 246
368+employer must provide, copies of any documentation relied upon 247
369+by the private employer for the verification of a person's 248
370+employment eligibility , including, but not limited to, an y 249
371+documentation required under paragraph (b) : 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384-the United States. 251
385- Section 5. Section 395.3027, Florida Statutes, is created 252
386-to read: 253
387- 395.3027 Patient immigration status data collection. — 254
388- (1) Each hospital that accepts Medicaid must include a 255
389-provision on its patient admission or registration forms for the 256
390-patient or the patient's representative to state or indicate 257
391-whether the patient is a United States citizen or lawfully 258
392-present in the United States or is not lawfully present in the 259
393-United States. The inquiry must be followed by a statement that 260
394-the response will not affect patient care or result in a report 261
395-of the patient's immigration status to immigration authorities. 262
396- (2) Each hospital must submit a quarterly report to the 263
397-agency within 30 days after the end of each calendar quarter 264
398-which reports the number of hospital admissions or emergency 265
399-department visits within the previous quarter which were made by 266
400-a patient who indicated that he or she was a citizen of the 267
401-United States or lawfully present in the United States, was not 268
402-lawfully present in the United States, or declined to answer. 269
403- (3) By March 1 of each year, the agency shall submit a 270
404-report to the Governor, the President of the Senate, and the 271
405-Speaker of the House of Representatives which includes the total 272
406-number of hospital admissions and e mergency department visits 273
407-for the previous calendar year for which the patient or 274
408-patient's representative reported that the patient was a citizen 275
384+ 1. The Department of Law Enforcement. 251
385+ 2. The Attorney General. 252
386+ 3. The state attorney. 253
387+ 4. The statewide prosecutor. 254
388+ 5. The Department of Economic Opportunity. 255
389+ 256
390+A person or entity that makes a request under this paragraph 257
391+must rely upon the federal government to verify a person's 258
392+employment eligibility and may not independently make a final 259
393+determination as to whether a person is an unauthorized alien. 260
394+ (d) The Department of Economic Opportunity is aut horized 261
395+to conduct random audits of employers for compliance with 262
396+paragraph (a). The department may not audit an employer more 263
397+than once every 5 years unless an audit within the previous 24 264
398+months found the employer out of compliance with paragraph (a) 265
399+or the employer or an agent or employee of the employer was 266
400+convicted of employing an unauthorized alien in violation of s. 267
401+448.09 or in violation of federal immigration law. 268
402+ (e)(f) If a private employer does not comply with 269
403+paragraph (a) (b), the department shall require the private 270
404+employer to provide an affidavit to the department stating that 271
405+the private employer will comply with paragraph (a) (b), the 272
406+private employer has terminated the employment of all 273
407+unauthorized aliens employed in this state, and the employer 274
408+will not intentionally or knowingly employ an unauthorized alien 275
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421-of the United States or lawfully present in the United States, 276
422-was not lawfully present in the United States , or declined to 277
423-answer. The report must also describe information relating to 278
424-the costs of uncompensated care for aliens who are not lawfully 279
425-present in the United States, the impact of uncompensated care 280
426-on the cost or ability of hospitals to provide ser vices to the 281
427-public, hospital funding needs, and other related information. 282
428- (4) The agency may adopt rules relating to the format and 283
429-information to be contained in quarterly reports and the 284
430-acceptable formats for hospitals to use in requesting 285
431-information regarding a patient's immigration status on hospital 286
432-admission or registration forms. The rules may not require the 287
433-disclosure of patient names or any other personal identifying 288
434-information to the agency. 289
435- Section 6. Effective July 1, 2024, section 4 48.09, Florida 290
436-Statutes, is amended to read: 291
437- 448.09 Unauthorized aliens; employment prohibited. — 292
438- (1) It is shall be unlawful for any person to knowingly to 293
439-employ, hire, recruit, or refer, either for herself or himself 294
440-or on behalf of another, for priv ate or public employment within 295
441-this the state, an alien who is not duly authorized to work by 296
442-the immigration laws of the United States, or the Attorney 297
443-General of the United States , or the United States Secretary of 298
444-Homeland Security. 299
445- (2) If the Department of Economic Opportunity finds or is 300
421+in this state. If the private employer does not provide the 276
422+required affidavit within 30 days after the department's 277
423+request, the appropriate licensing agency shall suspend all 278
424+applicable licenses held by the private employer until the 279
425+private employer provides the department with the required 280
426+affidavit. For purposes of this paragraph, the licenses that are 281
427+subject to suspension under this paragraph are all licenses that 282
428+are held by the private employer specific to the business 283
429+location where the unauthorized alien performed work. If the 284
430+private employer does not hold a license specific to the 285
431+business location where the unauthorized alien performed work, 286
432+but a license is necessary to operate the private employer's 287
433+business in general, the licenses that are subject to suspension 288
434+under this paragraph are all licenses that are held by the 289
435+private employer at the private employer's primary place of 290
436+business. 291
437+ (f)(g) For any private employer found to have violated 292
438+paragraph (e) two (f) three times within any 24-month 36 month 293
439+period, the appropriate licensing agency shall permanently 294
440+revoke all licenses that are held by the private employer 295
441+specific to the business locatio n where the unauthorized alien 296
442+performed work. If the private employer does not hold a license 297
443+specific to the business location where the unauthorized alien 298
444+performed work, but a license is necessary to operate the 299
445+private employer's business in general, the appropriate 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458-notified by an entity specified in s. 448.095(3)(a) that an 301
459-employer has knowingly employed an unauthorized alien without 302
460-verifying the employment eligibility of such person, the 303
461-department must enter an order pursu ant to chapter 120 making 304
462-such determination and require repayment of any economic 305
463-development incentive pursuant to s. 288.061(6) The first 306
464-violation of subsection (1) shall be a noncriminal violation as 307
465-defined in s. 775.08(3) and, upon conviction, shall be 308
466-punishable as provided in s. 775.082(5) by a civil fine of not 309
467-more than $500, regardless of the number of aliens with respect 310
468-to whom the violation occurred . 311
469- (3) For a violation of this section, the department shall 312
470-place the employer on probation f or a 1-year period and require 313
471-that the employer report quarterly to the department to 314
472-demonstrate compliance with the requirements of subsection (1) 315
473-and s. 448.095. 316
474- (4) Any violation of this section which takes place within 317
475-24 months after a previous vi olation constitutes grounds for the 318
476-suspension or revocation of all licenses issued by a licensing 319
477-agency subject to chapter 120. The department shall take the 320
478-following actions for a violation involving: 321
479- (a) One to 10 unauthorized aliens, suspension of all 322
480-applicable licenses held by a private employer for up to 30 days 323
481-by the respective agencies that issued them. 324
482- (b) Eleven to 50 unauthorized aliens, suspension of all 325
458+licensing agency shall permanently revoke all licenses that are 301
459+held by the private employer at the private employer's primary 302
460+place of business. 303
461+ (g) A person who has a good faith belief that an employer 304
462+is employing an unauthorized alien may file a complaint with the 305
463+department. 306
464+ (h) A person who knowingly files a false or frivolous 307
465+complaint under this subsection, including any complaint that 308
466+violates federal law, commits a misdemeanor of the second 309
467+degree, punishable as provided in s. 775.082 or s. 775.083. 310
468+ (i) Upon receipt of a valid complaint substantiated by 311
469+evidence of a violation of paragraph (a), the department must 312
470+notify the employer of the complaint and direct the employer to 313
471+notify any employees named in the complaint. 314
472+ (j) The department shall request that the Federal 315
473+Government verify, pursuant to 8 U.S.C. s. 1373(c), the 316
474+citizenship or immigration status of any employee named in the 317
475+complaint, and the department must rely upon such verification. 318
476+ (k) Upon finding that an employer has violated paragraph 319
477+(a), the department must notify United States Immigration and 320
478+Customs Enforcement of the identity of the unauthorized alien 321
479+and, if known, the physical address at which the unauthorized 322
480+alien resides. 323
481+ (4) CRIMINAL PENALTY FOR VIOLATION.—Any person who 324
482+knowingly uses a false identification document, or fraudulently 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495-applicable licenses held by a private employer for up to 60 days 326
496-by the respective agencies that issued them. 327
497- (c) More than 50 unauthorized aliens, revocation of all 328
498-applicable licenses held by a private employer by the respective 329
499-agencies that issued them Any person who has been previously 330
500-convicted for a violation of subsection (1) an d who thereafter 331
501-violates subsection (1), shall be guilty of a misdemeanor of the 332
502-second degree, punishable as provided in s. 775.082 or s. 333
503-775.083. Any such subsequent violation of this section shall 334
504-constitute a separate offense with respect to each unau thorized 335
505-alien. 336
506- (5) An alien who is not duly authorized to work by the 337
507-immigration laws of the United States, the Attorney General of 338
508-the United States, or the United States Secretary of the 339
509-Department of Homeland Security and who knowingly uses a false 340
510-identification document or who fraudulently uses an 341
511-identification document of another person for the purpose of 342
512-obtaining employment commits a felony of the third degree, 343
513-punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 344
514- Section 7. Effective upon becoming a law, section 448.095, 345
515-Florida Statutes, is amended to read: 346
516- (Substantial rewording of section. See 347
517- s. 448.095, F.S., for present text.) 348
518- 448.095 Employment eligibility. — 349
519- (1) DEFINITIONS.—As used in this section, the term: 350
495+uses the identification document of another person, for the 326
496+purpose of obtaining employment commits a felony of the third 327
497+degree, punishable as provided in s. 77 5.082, s. 775.083, or s. 328
498+775.084. 329
499+ (5) CONSTRUCTION.-This section shall be enforced without 330
500+regard to race, color, or national origin and shall be construed 331
501+in a manner so as to be fully consistent with any applicable 332
502+federal laws or regulations. 333
503+ (6) DECEPTIVE AND UNFAIR TRADE PRACTICES. -Acts, conduct, 334
504+practices, omissions, failings, misrepresentations, or 335
505+nondisclosures committed in violation of this section are 336
506+deceptive and unfair trade practices under ss. 501.201 -501.213, 337
507+The Florida Deceptive and Un fair Trade Practices Act, and 338
508+administrative rules adopted in accordance with the act. Any 339
509+consumer as defined in s. 501.203(7), may file a complaint 340
510+against a public employer, private employer, contractor, or 341
511+subcontractor, for violations of the act. 342
512+ Section 8. Effective November 1, 2026, subsection (3) of 343
513+section 454.021, Florida Statutes, is amended to read: 344
514+ 454.021 Attorneys; admission to practice law; Supreme 345
515+Court to govern and regulate. — 346
516+ (3) Upon certification by the Florida Board of Bar 347
517+Examiners that an applicant who is an unauthorized immigrant who 348
518+was brought to the United States as a minor; has been present in 349
519+the United States for more than 10 years; has received 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532- (a) "Contractor" means a person or an entity that has 351
533-entered or is attempting to enter into a contract with a public 352
534-agency to provide labor, supplies, or services to such agency in 353
535-exchange for salary, wages, or other remuneration. 354
536- (b) "Employee" means an individual filling a permanent 355
537-position who performs labor or services under the control or 356
538-direction of an employer that has the power or right to control 357
539-and direct the employee in the material details of how the work 358
540-is to be performed in exchange for s alary, wages, or other 359
541-remuneration. An individual hired for casual labor, as defined 360
542-in s. 443.036, which is to be performed entirely within a 361
543-private residence is not an employee of an occupant or owner of 362
544-a private residence. An independent contractor, as defined in 363
545-federal laws or regulations, hired to perform a specified 364
546-portion of labor or services is not an employee. 365
547- (c) "E-Verify system" means an Internet -based system 366
548-operated by the United States Department of Homeland Security 367
549-which allows participating employers to electronically verify 368
550-the employment eligibility of new employees. 369
551- (d) "Public agency" means any office, department, agency, 370
552-division, subdivision, political subdivision, board, bureau, 371
553-commission, authority, district, public body, body politic, 372
554-state, county, city, town, village, municipality, or any other 373
555-separate unit of government created or established pursuant to 374
556-law, and any other public or private agency, person, 375
532+documented employment authorization from the United States 351
533+Citizenship and Immigration Services (USCIS); has been issued a 352
534+social security number; if a male, has registered with the 353
535+Selective Service System if required to do so under the Military 354
536+Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all 355
537+requirements for admission to practice law in this state, the 356
538+Supreme Court of Florida may admit that applicant as an attorney 357
539+at law authorized to practice in this state and may direct an 358
540+order be entered upon the court's records to that effect. 359
541+ Section 9. The repeal of s. 454.021(3), Florida Statutes, 360
542+in this act does not affect the validity of any license to 361
543+practice law issued pursuant to that subsection before November 362
544+1, 2026. 363
545+ Section 10. Section 787.07, Florida Statutes, is amended 364
546+to read: 365
547+ 787.07 Human smuggling.— 366
548+ (1) A person who knowingly and willfully: 367
549+ (a) Transports into or within this state an individual 368
550+whom who the person knows, or reasonably should know, has is 369
551+illegally entered entering the United States in violation of law 370
552+and has not been inspe cted by the United States Government since 371
553+his or her unlawful entry; or from another country 372
554+ (b) Conceals, harbors, or shields from detection, or 373
555+attempts to conceal, harbor, or shield from detection, in any 374
556+place within this state, including any tempor ary or permanent 375
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569-partnership, corporation, or business entity acting on behalf o f 376
570-any public agency. 377
571- (e) "Subcontractor" means a person or an entity that 378
572-provides labor, supplies, or services to or for a contractor or 379
573-another subcontractor in exchange for salary, wages, or other 380
574-remuneration. 381
575- (f) "Unauthorized alien" means an indi vidual who is not 382
576-authorized under federal law to be employed in the United 383
577-States, as described in 8 U.S.C. s. 1324a(h)(3). The term must 384
578-be interpreted consistently with that section and any applicable 385
579-federal rules or regulations. 386
580- (2) EMPLOYMENT VERIF ICATION.— 387
581- (a) An employer shall verify each new employee's 388
582-employment eligibility within 3 business days after the first 389
583-day that the new employee begins working for pay as required 390
584-under 8 C.F.R. s. 274a. 391
585- (b)1. A public agency shall use the E -Verify system to 392
586-verify a new employee's employment eligibility as required under 393
587-paragraph (a). 394
588- 2. Beginning on July 1, 2023, a private employer with 25 395
589-or more employees shall use the E -Verify system to verify a new 396
590-employee's employment eligibility as require d under paragraph 397
591-(a). 398
592- 3. Each employer required to use the E -Verify system under 399
593-this paragraph must certify on its first return each calendar 400
569+structure or any means of transportation, an individual whom the 376
570+person knows, or reasonably should know, has entered the United 377
571+States in violation of law and who has not been inspected by the 378
572+United States Government since his or her unl awful entry, 379
573+ 380
574+commits a felony of the third degree, punishable as provided in 381
575+s. 775.082, s. 775.083, or s. 775.084. 382
576+ (c) For purposes of this section, an individual has been 383
577+inspected by the United States if he or she has been processed 384
578+by the United States Government for admission into the United 385
579+States in accordance with the federal Immigration and 386
580+Nationality Act, 8 U.S.C. ss. 1101 et seq. 387
581+ (2) A person who violates subsection (1) by transporting, 388
582+concealing, harboring, or shielding from detection, or by 389
583+attempting to transport, conceal, harbor, or shield from 390
584+detection, within this state, any child younger than 18 years of 391
585+age commits a felony of the second degree, punishable as 392
586+provided in s. 775.082, s. 775.083, or s. 775.084. 393
587+ (3)(2) A person commits a separate offense for each 394
588+individual he or she transports , conceals, harbors, or shields 395
589+from detection, or attempts to transport, conceal, harbor, or 396
590+shield from detection, into this state in violation of this 397
591+section. 398
592+ (4) A person who commits fiv e or more separate offenses 399
593+under this section during a single episode commits a felony of 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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606-year to the tax service provider that it is in compliance with 401
607-this section when making contributions to or re imbursing the 402
608-state's unemployment compensation or reemployment assistance 403
609-system. An employer that voluntarily uses the E -Verify system 404
610-may also make such a certification on its first return each 405
611-calendar year in order to document such use. 406
612- (c) If the E-Verify system is unavailable for 3 business 407
613-days after the first day that the new employee begins working 408
614-for pay and an employer cannot access the system to verify a new 409
615-employee's employment eligibility, the employer must use the 410
616-Employment Eligibility Verification form (Form I -9) to verify 411
617-employment eligibility. The unavailability of the E -Verify 412
618-system does not bar the employer from using the rebuttable 413
619-presumption established in paragraph (4)(a). An employer must 414
620-document the unavailability of the E -Verify system by retaining 415
621-a screenshot from each day which shows the employer's lack of 416
622-access to the system, a public announcement that the E -Verify 417
623-system is not available, or any other communication or notice 418
624-recorded by the employer regarding the unav ailability of the 419
625-system. 420
626- (d) The employer must retain a copy of the documentation 421
627-provided and any official verification generated, if applicable, 422
628-for at least 3 years. 423
629- (e) An employer may not continue to employ an unauthorized 424
630-alien after obtaining k nowledge that a person is or has become 425
606+the second degree, punishable as provided in s. 775.082, s. 401
607+775.083, or s. 775.084. 402
608+ (5)(a) A person with a prior conviction under this section 403
609+who commits a violation of subsection (1) commits a felony of 404
610+the second degree, punishable as provided in s. 775.082, s. 405
611+775.083, or s. 775.084. 406
612+ (b) A person with a prior conviction under this section 407
613+who commits a violation of subsection (2) or subsection (4) 408
614+commits a felony of the first degree, punishable as provided in 409
615+s. 775.082, s. 775.083, or 775.084. 410
616+ (c) For purposes of this subsection, the term "conviction" 411
617+means a determination of guilt that is the result of a plea or a 412
618+trial, regardless of whether adjudi cation is withheld or a plea 413
619+of nolo contendere is entered. 414
620+ (6) Proof that a person knowingly and willfully presented 415
621+false identification or gave false information to a law 416
622+enforcement officer who is conducting an investigation for any 417
623+violation of this section, gives rise to an inference that such 418
624+person was aware that the transported, concealed, harbored, or 419
625+shielded individual had entered into the United States in 420
626+violation of law and had not been inspected by the United States 421
627+Government since his or her unlawful entry. 422
628+ (7) A person arrested for a violation of this section 423
629+shall be held in custody until brought before the court for 424
630+admittance to pretrial release in accordance with chapter 903. 425
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643-an unauthorized alien. 426
644- (f) An employee leasing company licensed under part XI of 427
645-chapter 468 which enters into a written agreement or 428
646-understanding with a client company which places the primary 429
647-obligation for compliance with this section upon the client 430
648-company is not required to verify employment eligibility of any 431
649-new employees of the client company. In the absence of a written 432
650-agreement or understanding, the employee leasing company is 433
651-responsible for compliance with this section. Such employee 434
652-leasing company shall, at all times, remain an employer as 435
653-otherwise defined in federal laws or regulations. 436
654- (3) ENFORCEMENT.— 437
655- (a) For the purpose of enforcement of this section, any of 438
656-the following persons or entitie s may request, and an employer 439
657-must provide, copies of any documentation relied upon by the 440
658-employer for the verification of a new employee's employment 441
659-eligibility: 442
660- 1. The Department of Law Enforcement; 443
661- 2. The Attorney General; 444
662- 3. The state attorney in the circuit in which the new 445
663-employee works; 446
664- 4. The statewide prosecutor; or 447
665- 5. The Department of Economic Opportunity. 448
666- (b) A person or an entity that makes a request under 449
667-paragraph (a) must rely upon the Federal Government to verify an 450
643+ Section 11. Section 908.104, Florida Statutes, is amended 426
644+to read: 427
645+ 908.104 Cooperation with federal immigratio n authorities.— 428
646+ (1) A law enforcement agency shall use best efforts to 429
647+support the enforcement of federal immigration law. This 430
648+subsection applies to an official, representative, agent, or 431
649+employee of the entity or agency only when he or she is acting 432
650+within the scope of his or her official duties or within the 433
651+scope of his or her employment. 434
652+ (2) Except as otherwise expressly prohibited by federal 435
653+law, a state entity, local governmental entity, or law 436
654+enforcement agency, or an employee, an agent, or a 437
655+representative of the entity or agency, may not prohibit or in 438
656+any way restrict a law enforcement agency from taking any of the 439
657+following actions with respect to information regarding a 440
658+person's immigration status: 441
659+ (a) Sending the information to or reques ting, receiving, 442
660+or reviewing the information from a federal immigration agency 443
661+for purposes of this chapter. 444
662+ (b) Recording and maintaining the information for purposes 445
663+of this chapter. 446
664+ (c) Exchanging the information with a federal immigration 447
665+agency or another state entity, local governmental entity, or 448
666+law enforcement agency for purposes of this chapter. 449
667+ (d) Using the information to comply with an immigration 450
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676676 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
677677
678678
679679
680-employee's employment eligibility and may not independently make 451
681-a final determination as to whether an employee is an 452
682-unauthorized alien. 453
683- (4) DEFENSES.— 454
684- (a) An employer that uses the E -Verify system or, if that 455
685-system is unavailable, the Employment Eligibilit y Verification 456
686-form (Form I-9) as provided in paragraph (2)(c), with respect to 457
687-the employment of an unauthorized alien has established a 458
688-rebuttable presumption that the employer has not violated s. 459
689-448.09 with respect to such employment. 460
690- (b) An employer that uses the same documentation that is 461
691-required by the United States Citizenship and Immigration 462
692-Services on its Employment Eligibility Verification form (Form 463
693-I-9) with respect to the employment of an unauthorized alien, 464
694-has established an affirmative defense that the employer has not 465
695-violated s. 448.09 with respect to such employment. 466
696- (5) PUBLIC AGENCY CONTRACTING. — 467
697- (a) A public agency must require in any contract that the 468
698-contractor, and any subcontractor thereof, register with and use 469
699-the E-Verify system to verify the work authorization status of 470
700-all new employees of the contractor or subcontractor. A public 471
701-agency or a contractor or subcontractor thereof may not enter 472
702-into a contract unless each party to the contract registers with 473
703-and uses the E-Verify system. 474
704- (b) If a contractor enters into a contract with a 475
680+detainer. 451
681+ (e) Using the information to confirm the identity of a 452
682+person who is detained b y a law enforcement agency. 453
683+ (3)(a) For purposes of this subsection, the term 454
684+"applicable criminal case" means a criminal case in which: 455
685+ 1. The judgment requires the defendant to be confined in a 456
686+secure correctional facility; and 457
687+ 2. The judge: 458
688+ a. Indicates in the record under s. 908.105 that the 459
689+defendant is subject to an immigration detainer; or 460
690+ b. Otherwise indicates in the record that the defendant is 461
691+subject to a transfer into federal custody. 462
692+ (b) In an applicable criminal case, when the judg e 463
693+sentences a defendant who is the subject of an immigration 464
694+detainer to confinement, the judge shall issue an order 465
695+requiring the secure correctional facility in which the 466
696+defendant is to be confined to reduce the defendant's sentence 467
697+by a period of not m ore than 12 days on the facility's 468
698+determination that the reduction in sentence will facilitate the 469
699+seamless transfer of the defendant into federal custody. For 470
700+purposes of this paragraph, the term "secure correctional 471
701+facility" means a state correctional institution as defined in 472
702+s. 944.02 or a county detention facility or a municipal 473
703+detention facility as defined in s. 951.23. 474
704+ (c) If the information specified in sub -subparagraph 475
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713713 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
714714
715715
716716
717-subcontractor, the subcontractor must provide the contractor 476
718-with an affidavit stating that the subcontractor does not 477
719-employ, contract with, or subcontract with an unauthorized 478
720-alien. The contractor shall maintain a copy of such affidavit 479
721-for the duration of the contract. 480
722- (c)1. A public agency, contractor, or subcontractor who 481
723-has a good faith belief that a person or an entity with which it 482
724-is contracting has knowingly violated s. 448.09 (1) shall 483
725-terminate the contract with the person or entity. 484
726- 2. A public agency that has a good faith belief that a 485
727-subcontractor knowingly violated this subsection, but the 486
728-contractor otherwise complied with this subsection, shall 487
729-promptly notify the con tractor and order the contractor to 488
730-immediately terminate the contract with the subcontractor. 489
731- 3. A contract terminated under this paragraph is not a 490
732-breach of contract and may not be considered as such. If a 491
733-public agency terminates a contract with a co ntractor under this 492
734-paragraph, the contractor may not be awarded a public contract 493
735-for at least 1 year after the date on which the contract was 494
736-terminated. A contractor is liable for any additional costs 495
737-incurred by a public agency as a result of the termi nation of a 496
738-contract. 497
739- (d) A public agency, contractor, or subcontractor may file 498
740-a cause of action with a circuit or county court to challenge a 499
741-termination under paragraph (c) no later than 20 calendar days 500
717+(a)2.a. or sub-subparagraph (a)2.b. is not available at the time 476
718+the sentence is pronounced in the case, but is received by a law 477
719+enforcement agency afterwards, the law enforcement agency shall 478
720+notify the judge who shall issue the order described by 479
721+paragraph (b) as soon as the information becomes available. 480
722+ (4) When a county c orrectional facility or the Department 481
723+of Corrections receives verification from a federal immigration 482
724+agency that a person subject to an immigration detainer is in 483
725+the law enforcement agency's custody, the agency may securely 484
726+transport the person to a fed eral facility in this state or to 485
727+another point of transfer to federal custody outside the 486
728+jurisdiction of the law enforcement agency. The law enforcement 487
729+agency may transfer a person who is subject to an immigration 488
730+detainer and is confined in a secure co rrectional facility to 489
731+the custody of a federal immigration agency not earlier than 12 490
732+days before his or her release date. A law enforcement agency 491
733+shall obtain judicial authorization before securely transporting 492
734+an alien to a point of transfer outside of this state. 493
735+ (5) This section does not require a state entity, local 494
736+governmental entity, or law enforcement agency to provide a 495
737+federal immigration agency with information related to a victim 496
738+of or a witness to a criminal offense that occurred in the 497
739+United States if: 498
740+ (a) The victim or witness timely and in good faith 499
741+responds to the entity's or agency's request for information and 500
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750750 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
751751
752752
753753
754-after the date on which the contract was termi nated. 501
755- (6) COMPLIANCE.— 502
756- (a) In addition to the requirements under s. 288.061(6), 503
757-beginning on July 1, 2024, if the Department of Economic 504
758-Opportunity determines that an employer failed to use the E -505
759-Verify system to verify the employment eligibility of employees 506
760-as required under this section, the department must notify the 507
761-employer of the department's determination of noncompliance and 508
762-provide the employer with 30 days to cure the noncompliance. 509
763- (b) If the Department of Economic Opportunity determines 510
764-that an employer failed to use the E -Verify system as required 511
765-under this section three times in any 24 -month period, the 512
766-department must impose a fine of $1,000 per day until the 513
767-employer provides sufficient proof to the department that the 514
768-noncompliance is cured. Noncompliance constitutes grounds for 515
769-the suspension of all licenses issued by a licensing agency 516
770-subject to chapter 120 until the noncompliance is cured. 517
771- (c) Fines collected under this subsection must be 518
772-deposited into the State Economic Enha ncement and Development 519
773-Trust Fund for use by the department for employer outreach and 520
774-public notice of the state's employment verification laws. 521
775- (7) CONSTRUCTION.— 522
776- (a) This section must be enforced without regard to race, 523
777-color, or national origin and must be construed in a manner so 524
778-as to be fully consistent with any applicable federal laws or 525
754+cooperation in the investigation or prosecution of the offense ;. 501
755+ (b) The crime occurred 5 years before the alien's claim of 502
756+relief under this section is made; and 503
757+ (c) The crime that the alien is claiming to be a victim of 504
758+or witness to is unrelated to the crime for which the alien was 505
759+arrested. 506
760+ 507
761+In order to be eligible for relief under this subsection, the 508
762+victim or witness must submit a law enforcement certification 509
763+completed by a certifying agency. For purposes of this 510
764+subsection, certifying agencies include all authorities 511
765+responsible for the investigation, prosecution, conviction or 512
766+sentencing of the crime. The law enf orcement certification is a 513
767+required piece of evidence to confirm the victim or witness 514
768+responded to and cooperated in the investigation or prosecution 515
769+of the offense. 516
770+ (6) A state entity, local governmental entity, or law 517
771+enforcement agency that, pursuant to subsection (5), withholds 518
772+information regarding the immigration information of a victim of 519
773+or witness to a criminal offense shall document the victim's or 520
774+witness's cooperation in the entity's or agency's investigative 521
775+records related to the of fense and shall retain the records for 522
776+at least 10 years for the purpose of audit, verification, or 523
777+inspection by the Auditor General. 524
778+ (7) This section does not authorize a law enforcement 525
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787787 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
788788
789789
790790
791-regulations. 526
792- (b) The requirements to use the E -Verify system under this 527
793-section do not apply in any federal fiscal year in which the 528
794-system is not funded by t he Federal Government. 529
795- (c) This section shall expire 60 days after the E -Verify 530
796-system is no longer a pilot program, and the Federal Government 531
797-requires the use of the E -Verify system by all employers in the 532
798-United States. 533
799- Section 8. Effective Novemb er 1, 2028, subsection (3) of 534
800-section 454.021, Florida Statutes, is amended to read: 535
801- 454.021 Attorneys; admission to practice law; Supreme 536
802-Court to govern and regulate. — 537
803- (3) Upon certification by the Florida Board of Bar 538
804-Examiners that an applicant who is an unauthorized immigrant who 539
805-was brought to the United States as a minor; has been present in 540
806-the United States for more than 10 years; has received 541
807-documented employment authorization from the United States 542
808-Citizenship and Immigration Services (USCIS ); has been issued a 543
809-social security number; if a male, has registered with the 544
810-Selective Service System if required to do so under the Military 545
811-Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all 546
812-requirements for admission to practice law in this state, the 547
813-Supreme Court of Florida may admit that applicant as an attorney 548
814-at law authorized to practice in this state and may direct an 549
815-order be entered upon the court's records to that effect. 550
791+agency to detain an alien unlawfully present in the United 526
792+States pursuant to an immigration detainer solely because the 527
793+alien witnessed or reported a crime or was a victim of a 528
794+criminal offense. 529
795+ (8) This section does not apply to any alien unlawfully 530
796+present in the United States if he or she is or has been a 531
797+necessary witness or victim of a crime of domestic violence, 532
798+rape, sexual exploitation, sexual assault, murder, manslaughter, 533
799+assault, battery, human trafficking, kidnapping, false 534
800+imprisonment, involuntary servitude, fraud in foreign labor 535
801+contracting, blackmail, extortion, or witness tampering. 536
802+ Section 12. Paragraph (g) of subsection (2) and paragraph 537
803+(a) of subsection (3) of section 943.325, Florida Statutes, are 538
804+amended, and paragraph (f) is added to subsection (7) of that 539
805+section, to read: 540
806+ 943.325 DNA database.— 541
807+ (2) DEFINITIONS.—As used in this section, the term: 542
808+ (g) "Qualifying offender" means any person, including 543
809+juveniles and adults, who is: 544
810+ 1.a. Committed to a county jail; 545
811+ b. Committed to or under the supervision of the Department 546
812+of Corrections, including persons incarcerated in a private 547
813+correctional institution operated under contract pursuant to s. 548
814+944.105; 549
815+ c. Committed to or under the supervision of the Department 550
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824824 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
825825
826826
827827
828- Section 9. The repeal of s. 454.021(3), Florida Sta tutes, 551
829-by this act does not affect the validity of any license to 552
830-practice law issued pursuant to that subsection before November 553
831-1, 2028. 554
832- Section 10. Section 787.07, Florida Statutes, is amended 555
833-to read: 556
834- 787.07 Human smuggling. — 557
835- (1) Except as provided in subsections (3), (4), and (5), a 558
836-person who knowingly and willfully transports into this state an 559
837-individual whom who the person knows, or reasonably should know, 560
838-has entered is illegally entering the United States in violation 561
839-of law and has not been inspected by the Federal Government 562
840-since his or her unlawful entry from another country commits a 563
841-felony of the third degree, punishable as provided in s. 564
842-775.082, s. 775.083, or s. 775.084. 565
843- (2) A person commits a separate offense for each 566
844-individual he or she transports into this state in violation of 567
845-this section. 568
846- (3) A person who transports a minor into this state in 569
847-violation of subsection (1) commits a felony of the second 570
848-degree, punishable as provided in s. 775.082, s. 775.083, or s. 571
849-775.084. 572
850- (4) A person who commits five or more separate offenses 573
851-under this section during a single episode commits a felony of 574
852-the second degree, punishable as provided in s. 775.082, s. 575
828+of Juvenile Justice; 551
829+ d. Transferred to this state under the Interstate Compact 552
830+on Juveniles, part XIII of chapter 985; or 553
831+ e. Accepted under Article IV of the Interstate Corrections 554
832+Compact, part III of chapter 941; and who is: 555
833+ 2.a. Convicted of any felony offense or attempted felony 556
834+offense in this state or of a similar o ffense in another 557
835+jurisdiction; 558
836+ b. Convicted of a misdemeanor violation of s. 784.048, s. 559
837+810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 560
838+offense that was found, pursuant to s. 874.04, to have been 561
839+committed for the purpose of benefiting , promoting, or 562
840+furthering the interests of a criminal gang as defined in s. 563
841+874.03; or 564
842+ c. Arrested for any felony offense or attempted felony 565
843+offense in this state ; or 566
844+ d. In the custody of a law enforcement agency and is 567
845+subject to an immigration deta iner issued by a federal 568
846+immigration agency. 569
847+ (3) COLLECTION OF SAMPLES. — 570
848+ (a) Each qualifying offender shall submit a DNA sample at 571
849+the time he or she is booked into a jail, correctional facility, 572
850+or juvenile facility. A person who becomes a qualifying offender 573
851+solely because of the issuance of an immigration detainer by a 574
852+federal immigration agency must submit a DNA sample when the law 575
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861861 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
862862
863863
864864
865-775.083, or s. 775.084. 576
866- (5)(a) A person with a prior conviction und er this section 577
867-who commits a subsequent violation of this section commits a 578
868-felony of the second degree, punishable as provided in s. 579
869-775.082, s. 775.083, or s. 775.084. 580
870- (b) As used in paragraph (a), the term "conviction" means 581
871-a determination of guilt that is the result of a plea agreement 582
872-or a trial, regardless of whether adjudication is withheld or a 583
873-plea of nolo contendere is entered. 584
874- (6) Proof that a person knowingly and willfully presented 585
875-false identification or gave false information to a law 586
876-enforcement officer who is conducting an investigation for a 587
877-violation of this section gives rise to an inference that such 588
878-person was aware that the individual had entered the United 589
879-States in violation of the law and had not been inspected by the 590
880-Federal Government since his or her unlawful entry. 591
881- (7) A person who is arrested for a violation of this 592
882-section must be held in custody until brought before the court 593
883-for admittance to pretrial release in accordance with chapter 594
884-903. 595
885- Section 11. Paragraph ( a) of subsection (8) of section 596
886-895.02, Florida Statutes, is amended to read: 597
887- 895.02 Definitions. —As used in ss. 895.01 -895.08, the 598
888-term: 599
889- (8) "Racketeering activity" means to commit, to attempt to 600
890-
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899-
900-
901-
902-commit, to conspire to commit, or to solicit, coerce, or 601
903-intimidate another person to commit: 602
904- (a) Any crime that is chargeable by petition, indictment, 603
905-or information under the following provisions of the Florida 604
906-Statutes: 605
907- 1. Section 210.18, relating to evasion of payment of 606
908-cigarette taxes. 607
909- 2. Section 316.1935, relating to fleeing or attempting to 608
910-elude a law enforcement officer and aggravated fleeing or 609
911-eluding. 610
912- 3. Chapter 379, relating to the illegal sale, purchase, 611
913-collection, harvest, capture, or possession of wild animal life, 612
914-freshwater aquatic life, or marine life, and related crimes. 613
915- 4. Section 403.727(3)(b), relating to environmental 614
916-control. 615
917- 5. Section 409.920 or s. 409.9201, relating to Medicaid 616
918-fraud. 617
919- 6. Section 414.39, relating to public assistance fraud. 618
920- 7. Section 440.105 or s. 4 40.106, relating to workers' 619
921-compensation. 620
922- 8. Section 443.071(4), relating to creation of a 621
923-fictitious employer scheme to commit reemployment assistance 622
924-fraud. 623
925- 9. Section 465.0161, relating to distribution of medicinal 624
926-drugs without a permit as an Inte rnet pharmacy. 625
927-
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935-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
936-
937-
938-
939- 10. Section 499.0051, relating to crimes involving 626
940-contraband, adulterated, or misbranded drugs. 627
941- 11. Part IV of chapter 501, relating to telemarketing. 628
942- 12. Chapter 517, relating to sale of securities and 629
943-investor protection. 630
944- 13. Section 550.235 or s. 550.3551, relating to dogracing 631
945-and horseracing. 632
946- 14. Chapter 550, relating to jai alai frontons. 633
947- 15. Section 551.109, relating to slot machine gaming. 634
948- 16. Chapter 552, relating to the manufacture, 635
949-distribution, and use of explosives . 636
950- 17. Chapter 560, relating to money transmitters, if the 637
951-violation is punishable as a felony. 638
952- 18. Chapter 562, relating to beverage law enforcement. 639
953- 19. Section 624.401, relating to transacting insurance 640
954-without a certificate of authority, s. 624.43 7(4)(c)1., relating 641
955-to operating an unauthorized multiple -employer welfare 642
956-arrangement, or s. 626.902(1)(b), relating to representing or 643
957-aiding an unauthorized insurer. 644
958- 20. Section 655.50, relating to reports of currency 645
959-transactions, when such violation is punishable as a felony. 646
960- 21. Chapter 687, relating to interest and usurious 647
961-practices. 648
962- 22. Section 721.08, s. 721.09, or s. 721.13, relating to 649
963-real estate timeshare plans. 650
964-
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972-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
973-
974-
975-
976- 23. Section 775.13(5)(b), relating to registration of 651
977-persons found to hav e committed any offense for the purpose of 652
978-benefiting, promoting, or furthering the interests of a criminal 653
979-gang. 654
980- 24. Section 777.03, relating to commission of crimes by 655
981-accessories after the fact. 656
982- 25. Chapter 782, relating to homicide. 657
983- 26. Chapter 784, relating to assault and battery. 658
984- 27. Chapter 787, relating to kidnapping , human smuggling, 659
985-or human trafficking. 660
986- 28. Chapter 790, relating to weapons and firearms. 661
987- 29. Chapter 794, relating to sexual battery, but only if 662
988-such crime was committed with the intent to benefit, promote, or 663
989-further the interests of a criminal gang, or for the purpose of 664
990-increasing a criminal gang member's own standing or position 665
991-within a criminal gang. 666
992- 30. Former s. 796.03, former s. 796.035, s. 796.04, s. 667
993-796.05, or s. 796.07, relating to prostitution. 668
994- 31. Chapter 806, relating to arson and criminal mischief. 669
995- 32. Chapter 810, relating to burglary and trespass. 670
996- 33. Chapter 812, relating to theft, robbery, and related 671
997-crimes. 672
998- 34. Chapter 815, relating to compu ter-related crimes. 673
999- 35. Chapter 817, relating to fraudulent practices, false 674
1000-pretenses, fraud generally, credit card crimes, and patient 675
1001-
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1010-
1011-
1012-
1013-brokering. 676
1014- 36. Chapter 825, relating to abuse, neglect, or 677
1015-exploitation of an elderly person or disabled adult. 678
1016- 37. Section 827.071, relating to commercial sexual 679
1017-exploitation of children. 680
1018- 38. Section 828.122, relating to fighting or baiting 681
1019-animals. 682
1020- 39. Chapter 831, relating to forgery and counterfeiting. 683
1021- 40. Chapter 832, relating to issuance of worthless chec ks 684
1022-and drafts. 685
1023- 41. Section 836.05, relating to extortion. 686
1024- 42. Chapter 837, relating to perjury. 687
1025- 43. Chapter 838, relating to bribery and misuse of public 688
1026-office. 689
1027- 44. Chapter 843, relating to obstruction of justice. 690
1028- 45. Section 847.011, s. 847.012 , s. 847.013, s. 847.06, or 691
1029-s. 847.07, relating to obscene literature and profanity. 692
1030- 46. Chapter 849, relating to gambling, lottery, gambling 693
1031-or gaming devices, slot machines, or any of the provisions 694
1032-within that chapter. 695
1033- 47. Chapter 874, relating to c riminal gangs. 696
1034- 48. Chapter 893, relating to drug abuse prevention and 697
1035-control. 698
1036- 49. Chapter 896, relating to offenses related to financial 699
1037-transactions. 700
1038-
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1046-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
1047-
1048-
1049-
1050- 50. Sections 914.22 and 914.23, relating to tampering with 701
1051-or harassing a witness, victim, or info rmant, and retaliation 702
1052-against a witness, victim, or informant. 703
1053- 51. Sections 918.12 and 918.13, relating to tampering with 704
1054-jurors and evidence. 705
1055- Section 12. Paragraph (f) is added to subsection (2) of 706
1056-section 908.104, Florida Statutes, to read: 707
1057- 908.104 Cooperation with federal immigration authorities. — 708
1058- (2) Except as otherwise expressly prohibited by federal 709
1059-law, a state entity, local governmental entity, or law 710
1060-enforcement agency, or an employee, an agent, or a 711
1061-representative of the entity or agency, may not prohibit or in 712
1062-any way restrict a law enforcement agency from taking any of the 713
1063-following actions with respect to information regarding a 714
1064-person's immigration status: 715
1065- (f) Sending the applicable information obtained pursuant 716
1066-to enforcement of s. 448.095 to a federal immigration agency. 717
1067- Section 13. Subsection (14) of section 943.03, Florida 718
1068-Statutes, is amended to read: 719
1069- 943.03 Department of Law Enforcement. — 720
1070- (14) The department, with respect to counter -terrorism 721
1071-efforts, responses to acts of terrorism within or affecting this 722
1072-state, coordinating with and providing assistance to the Federal 723
1073-Government in the enforcement of federal immigration laws, 724
1074-responses to immigration enforcement incidents within or 725
1075-
1076-CS/HB 1617 2023
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1083-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
1084-
1085-
1086-
1087-affecting this state, and other matters related to the domestic 726
1088-security of Florida as it relates to terrorism and immigration 727
1089-enforcement incidents , shall coordinate and direct the law 728
1090-enforcement, initial emergency, and other initial responses. The 729
1091-department shall work closely with t he Division of Emergency 730
1092-Management, other federal, state, and local law enforcement 731
1093-agencies, fire and rescue agencies, first -responder agencies, 732
1094-and others involved in preparation against acts of terrorism in 733
1095-or affecting this state , immigration enforcem ent incidents 734
1096-within or affecting this state, and in the response to such acts 735
1097-or incidents. The executive director of the department, or 736
1098-another member of the department designated by the director, 737
1099-shall serve as Chief of Domestic Security for the purpose of 738
1100-directing and coordinating such efforts. The department and 739
1101-Chief of Domestic Security shall use the regional domestic 740
1102-security task forces as established in this chapter to assist in 741
1103-such efforts. 742
1104- Section 14. Section 943.03101, Florida Statutes, i s 743
1105-amended to read: 744
1106- 943.03101 Counter-terrorism and immigration enforcement 745
1107-coordination.—The Legislature finds that with respect to 746
1108-counter-terrorism efforts, and initial responses to acts of 747
1109-terrorism within or affecting this state , coordinating with an d 748
1110-providing assistance to the Federal Government in the 749
1111-enforcement of federal immigration laws, and responses to 750
1112-
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1120-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
1121-
1122-
1123-
1124-immigration enforcement incidents within or affecting this 751
1125-state, specialized efforts of emergency management which are 752
1126-unique to such situati ons are required and that these efforts 753
1127-intrinsically involve very close coordination of federal, state, 754
1128-and local law enforcement agencies with the efforts of all 755
1129-others involved in emergency -response efforts. In order to best 756
1130-provide this specialized eff ort, the Legislature has determined 757
1131-that such efforts should be coordinated by and through the 758
1132-Department of Law Enforcement, working closely with the Division 759
1133-of Emergency Management and others involved in preparation 760
1134-against acts of terrorism in or affec ting this state, 761
1135-immigration enforcement incidents within or affecting this 762
1136-state, and in the initial response to such acts, in accordance 763
1137-with the state comprehensive emergency management plan prepared 764
1138-pursuant to s. 252.35(2)(a). 765
1139- Section 15. Present subsections (2) through (7) of section 766
1140-943.0311, Florida Statutes, are redesignated as subsections (3) 767
1141-through (8), respectively, a new subsection (2) is added to that 768
1142-section, and subsection (1) and present subsection (3) of that 769
1143-section are amended, to r ead: 770
1144- 943.0311 Chief of Domestic Security; duties of the 771
1145-department with respect to domestic security. — 772
1146- (1) The executive director of the department, or a member 773
1147-of the department designated by the executive director, shall 774
1148-serve as the Chief of Domesti c Security. The Chief of Domestic 775
1149-
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1157-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
1158-
1159-
1160-
1161-Security shall: 776
1162- (a) Coordinate the efforts of the department in the 777
1163-ongoing assessment of this state's vulnerability to, and ability 778
1164-to detect, prevent, prepare for, respond to, and recover from , 779
1165-acts of terrorism within or affecting this state and immigration 780
1166-enforcement incidents within or affecting this state . 781
1167- (b) Prepare recommendations for the Governor, the 782
1168-President of the Senate, and the Speaker of the House of 783
1169-Representatives, which are based upon ongoing assess ments to 784
1170-limit the vulnerability of the state to terrorism and 785
1171-immigration enforcement incidents . 786
1172- (c) Coordinate the collection of proposals to limit the 787
1173-vulnerability of the state to terrorism and immigration 788
1174-enforcement incidents . 789
1175- (d) Use regional ta sk forces to support the duties of the 790
1176-department set forth in this section. 791
1177- (e) Use public or private resources to perform the duties 792
1178-assigned to the department under this section. 793
1179- (2) The chief shall regularly coordinate random audits 794
1180-pursuant to s. 448.095 to ensure compliance and enforcement and 795
1181-shall notify the Department of Economic Opportunity of any 796
1182-violations. 797
1183- (4)(3) The chief shall report to the Governor, the 798
1184-President of the Senate, and the Speaker of the House of 799
1185-Representatives by Novembe r 1 of each year suggestions for 800
1186-
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1194-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
1195-
1196-
1197-
1198-specific and significant security enhancements of any building, 801
1199-facility, or structure owned or leased by a state agency, state 802
1200-university, or community college or any entity that has 803
1201-conducted an assessment under subsectio n (6) (5). The chief may 804
1202-utilize the assessments provided under subsection (6) (5) in 805
1203-making his or her suggestions. The report shall suggest 806
1204-strategies to maximize federal funds in support of building or 807
1205-facility security if such funds are available. 808
1206- Section 16. Section 943.0312, Florida Statutes, is amended 809
1207-to read: 810
1208- 943.0312 Regional domestic security task forces. —The 811
1209-Legislature finds that there is a need to develop and implement 812
1210-a statewide strategy to address prevention, preparation, 813
1211-protection, response, and recovery efforts by federal, state, 814
1212-and local law enforcement agencies, emergency management 815
1213-agencies, fire and rescue departments, first -responder 816
1214-personnel, and others in dealing with potential or actual 817
1215-terrorist acts within or affecting t his state and potential or 818
1216-actual immigration enforcement incidents within or affecting 819
1217-this state. 820
1218- (1) To assist the department and the Chief of Domestic 821
1219-Security in performing their roles and duties in this regard, 822
1220-the department shall establish a regi onal domestic security task 823
1221-force in each of the department's operational regions. The task 824
1222-forces shall serve in an advisory capacity to the department and 825
1223-
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1231-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
1232-
1233-
1234-
1235-the Chief of Domestic Security and shall provide support to the 826
1236-department in its performance of fu nctions pertaining to 827
1237-domestic security. 828
1238- (a) Subject to annual appropriation, the department shall 829
1239-provide dedicated employees to support the function of each 830
1240-regional domestic security task force. 831
1241- (b) Each task force shall be co -chaired by the 832
1242-department's special agent in charge of the operational region 833
1243-in which the task force is located and by a local sheriff or 834
1244-chief of police from within the operational region. 835
1245- (c) Each task force membership may also include 836
1246-representatives of state and local la w enforcement agencies, 837
1247-fire and rescue departments, or first -responder personnel; 838
1248-representatives of emergency management agencies and health, 839
1249-medical, and hospital agencies; representatives of local 840
1250-emergency planning committees; and other persons as dee med 841
1251-appropriate and necessary by the task force co -chairs. 842
1252- (d) The co-chairs of each task force may appoint 843
1253-subcommittees and subcommittee chairs as necessary in order to 844
1254-address issues related to the various disciplines represented on 845
1255-the task force, except that subcommittee chairs for emergency 846
1256-management shall be appointed with the approval of the director 847
1257-of the Division of Emergency Management. A subcommittee chair 848
1258-shall serve at the pleasure of the co -chairs. 849
1259- (2) In accordance with the state's dom estic security 850
1260-
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1268-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
1269-
1270-
1271-
1272-strategic goals and objectives, each task force shall coordinate 851
1273-efforts to counter terrorism , as defined by s. 775.30 , and 852
1274-cooperate with and provide assistance to the Federal Government 853
1275-in the enforcement of federal immigration laws within or 854
1276-affecting this state in compliance with chapter 908, among 855
1277-local, state, and federal resources to ensure that such efforts 856
1278-are not fragmented or unnecessarily duplicated; coordinate 857
1279-training for local and state personnel to counter terrorism as 858
1280-defined in by s. 775.30; and cooperate with and provide 859
1281-assistance to the Federal Government in the enforcement of 860
1282-federal immigration laws within or affecting this state in 861
1283-compliance with chapter 908 ; coordinate the collection and 862
1284-dissemination of investigative and intelligence information; and 863
1285-facilitate responses to terrorist incidents within or affecting 864
1286-each region and immigration enforcement incidents within or 865
1287-affecting each region . With the approval of the Chief of 866
1288-Domestic Security, the task forces may i ncorporate other 867
1289-objectives reasonably related to the goals of enhancing the 868
1290-state's domestic security and ability to detect, prevent, and 869
1291-respond to acts of terrorism within or affecting this state or 870
1292-immigration enforcement incidents within or affecting this 871
1293-state. Each task force shall take into account the variety of 872
1294-conditions and resources present within its region. 873
1295- (3) The Chief of Domestic Security, in conjunction with 874
1296-the Division of Emergency Management, the regional domestic 875
1297-
1298-CS/HB 1617 2023
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1305-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
1306-
1307-
1308-
1309-security task forces, and the various state entities responsible 876
1310-for establishing training standards applicable to state law 877
1311-enforcement officers and fire, emergency, and first -responder 878
1312-personnel shall identify appropriate equipment and training 879
1313-needs, curricula, and materi als related to the effective 880
1314-response to suspected or actual acts of terrorism , immigration 881
1315-enforcement incidents, or incidents involving real or hoax 882
1316-weapons of mass destruction as defined in s. 790.166. 883
1317-Recommendations for funding for purchases of equipm ent, delivery 884
1318-of training, implementation of, or revision to basic or 885
1319-continued training required for state licensure or 886
1320-certification, or other related responses shall be made by the 887
1321-Chief of Domestic Security to the Domestic Security Oversight 888
1322-Council, the Executive Office of the Governor, the President of 889
1323-the Senate, and the Speaker of the House of Representatives as 890
1324-necessary to ensure that the needs of this state with regard to 891
1325-the preparing, equipping, training, and exercising of response 892
1326-personnel are identified and addressed. In making such 893
1327-recommendations, the Chief of Domestic Security and the Division 894
1328-of Emergency Management shall identify all funding sources that 895
1329-may be available to fund such efforts. 896
1330- (4) Each regional domestic security task fo rce, working in 897
1331-conjunction with the department, the Office of the Attorney 898
1332-General, and other public or private entities, shall work to 899
1333-ensure that hate-driven acts against ethnic groups that may have 900
1334-
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1342-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
1343-
1344-
1345-
1346-been targeted as a result of acts of terrorism in or a ffecting 901
1347-this state, or as a result of immigration enforcement incidents 902
1348-within or affecting this state, are appropriately investigated 903
1349-and responded to. 904
1350- (5) Members of each regional domestic security task force 905
1351-may not receive any pay other than their s alaries normally 906
1352-received from their employers, but are entitled to reimbursement 907
1353-for per diem and travel expenses in accordance with s. 112.061. 908
1354- (6) Subject to annual appropriation, the department shall 909
1355-provide staff and administrative support for the regional 910
1356-domestic security task forces. 911
1357- Section 17. Section 943.0313, Florida Statutes, is amended 912
1358-to read: 913
1359- 943.0313 Domestic Security Oversight Council. —The 914
1360-Legislature finds that there exists a need to provide executive 915
1361-direction and leadership wit h respect to terrorism and 916
1362-immigration enforcement incident prevention, preparation, 917
1363-protection, response, and recovery efforts by state and local 918
1364-agencies in this state. In recognition of this need, the 919
1365-Domestic Security Oversight Council is hereby create d. The 920
1366-council shall serve as an advisory council pursuant to s. 921
1367-20.03(7) to provide guidance to the state's regional domestic 922
1368-security task forces and other domestic security working groups 923
1369-and to make recommendations to the Governor and the Legislature 924
1370-regarding the expenditure of funds and allocation of resources 925
1371-
1372-CS/HB 1617 2023
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1379-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
1380-
1381-
1382-
1383-related to counter-terrorism and cooperating with and providing 926
1384-assistance to the Federal Government in the enforcement of 927
1385-federal immigration laws and domestic security efforts. 928
1386- (1) MEMBERSHIP.— 929
1387- (a) The Domestic Security Oversight Council shall consist 930
1388-of the following voting members: 931
1389- 1. The executive director of the Department of Law 932
1390-Enforcement. 933
1391- 2. The director of the Division of Emergency Management. 934
1392- 3. The Attorney General. 935
1393- 4. The Commissioner of Agriculture. 936
1394- 5. The State Surgeon General. 937
1395- 6. The Commissioner of Education. 938
1396- 7. The State Fire Marshal. 939
1397- 8. The adjutant general of the Florida National Guard. 940
1398- 9. The state chief information officer. 941
1399- 10. Each sheriff or chief o f police who serves as a co -942
1400-chair of a regional domestic security task force pursuant to s. 943
1401-943.0312(1)(b). 944
1402- 11. Each of the department's special agents in charge who 945
1403-serve as a co-chair of a regional domestic security task force. 946
1404- 12. Two representative s of the Florida Fire Chiefs 947
1405-Association. 948
1406- 13. One representative of the Florida Police Chiefs 949
1407-Association. 950
1408-
1409-CS/HB 1617 2023
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1416-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
1417-
1418-
1419-
1420- 14. One representative of the Florida Prosecuting 951
1421-Attorneys Association. 952
1422- 15. The chair of the Statewide Domestic Security 953
1423-Intelligence Committe e. 954
1424- 16. One representative of the Florida Hospital 955
1425-Association. 956
1426- 17. One representative of the Emergency Medical Services 957
1427-Advisory Council. 958
1428- 18. One representative of the Florida Emergency 959
1429-Preparedness Association. 960
1430- 19. One representative of the Florid a Seaport 961
1431-Transportation and Economic Development Council. 962
1432- (b) In addition to the members designated in paragraph 963
1433-(a), the council may invite other ex officio, nonvoting members 964
1434-to attend and participate in council meetings. Those nonvoting 965
1435-members may include, but need not be limited to: 966
1436- 1. The executive director of the Department of Highway 967
1437-Safety and Motor Vehicles. 968
1438- 2. The Secretary of Health Care Administration. 969
1439- 3. The Secretary of Environmental Protection. 970
1440- 4. The director of the Division of Law Enforcement within 971
1441-the Fish and Wildlife Conservation Commission. 972
1442- 5. A representative of the Commission on Human Relations. 973
1443- 6. A representative of the United States Coast Guard. 974
1444- 7. A United States Attorney from a federal judicial 975
1445-
1446-CS/HB 1617 2023
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1453-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
1454-
1455-
1456-
1457-circuit within this state. 976
1458- 8. A special agent in charge from an office of the Federal 977
1459-Bureau of Investigation within this state. 978
1460- 9. A representative of the United States Department of 979
1461-Homeland Security. 980
1462- 10. A representative of United States Immigration and 981
1463-Customs Enforcement. 982
1464- 11. A representative of United States Customs and Border 983
1465-Protection. 984
1466- (2) ORGANIZATION.— 985
1467- (a) The Legislature finds that the council serves a 986
1468-legitimate state, county, and municipal purpose and that service 987
1469-on the council is consistent with a member's principal service 988
1470-in public office or employment. Membership on the council does 989
1471-not disqualify a member from holding any other public office or 990
1472-being employed by a public entity, except that a member of the 991
1473-Legislature may not serve on the cou ncil. 992
1474- (b) The executive director of the Department of Law 993
1475-Enforcement shall serve as chair of the council, and the 994
1476-director of the Division of Emergency Management shall serve as 995
1477-vice chair of the council. In the absence of the chair, the vice 996
1478-chair shall serve as chair. In the absence of the vice chair, 997
1479-the chair may name any member of the council to perform the 998
1480-duties of the chair if such substitution does not extend beyond 999
1481-a defined meeting, duty, or period of time. 1000
1482-
1483-CS/HB 1617 2023
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1490-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
1491-
1492-
1493-
1494- (c) Any absent voting member of th e council may be 1001
1495-represented by a designee empowered to act on any issue before 1002
1496-the council to the same extent that the designating member is 1003
1497-empowered. If a co-chair of a regional domestic security task 1004
1498-force is absent from a council meeting, the co -chair shall 1005
1499-appoint a subcommittee chair of that task force as the designee. 1006
1500- (d) The council shall establish bylaws for its general 1007
1501-governance. 1008
1502- (e) Any member of the council serving by reason of the 1009
1503-office or employment held by the member shall cease to ser ve on 1010
1504-the council at such time as he or she ceases to hold the office 1011
1505-or employment which was the basis for appointment to the 1012
1506-council. 1013
1507- (f) Representatives from agencies or organizations other 1014
1508-than those designated by title shall be chosen by the entity. 1015
1509-Except for those individuals designated by title, council 1016
1510-members shall be certified annually to the chair by the 1017
1511-organization they represent. 1018
1512- (g) Members of the council or their designees shall serve 1019
1513-without compensation but are entitled to reimburseme nt for per 1020
1514-diem and travel expenses pursuant to s. 112.061. 1021
1515- (h) The department shall provide the council with the 1022
1516-staff support necessary to assist in the performance of its 1023
1517-duties. 1024
1518- (3) MEETINGS.—The council must meet at least semiannually. 1025
1519-
1520-CS/HB 1617 2023
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1527-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
1528-
1529-
1530-
1531-Additional meetings may be held as necessary. A majority of the 1026
1532-members of the council constitutes a quorum. 1027
1533- (4) EXECUTIVE COMMITTEE. — 1028
1534- (a) The council shall establish an executive committee 1029
1535-consisting of the following members: 1030
1536- 1. The executive director of the D epartment of Law 1031
1537-Enforcement. 1032
1538- 2. The director of the Division of Emergency Management. 1033
1539- 3. The Attorney General. 1034
1540- 4. The Commissioner of Agriculture. 1035
1541- 5. The State Surgeon General. 1036
1542- 6. The Commissioner of Education. 1037
1543- 7. The State Fire Marshal. 1038
1544- (b) The executive director of the Department of Law 1039
1545-Enforcement shall serve as the chair of the executive committee, 1040
1546-and the director of the Division of Emergency Management shall 1041
1547-serve as the vice chair of the executive committee. 1042
1548- (c) The executive committee shall approve all matters 1043
1549-brought before the council prior to consideration. When 1044
1550-expedited action of the council is deemed necessary by the chair 1045
1551-or vice chair, the executive committee may act on behalf of the 1046
1552-council. 1047
1553- (5) DUTIES OF THE COUNCI L.— 1048
1554- (a) The Domestic Security Oversight Council shall serve as 1049
1555-an advisory council to the Governor, the Legislature, and the 1050
1556-
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1564-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
1565-
1566-
1567-
1568-Chief of Domestic Security. The council shall: 1051
1569- 1. Review the development, maintenance, and operation of a 1052
1570-comprehensive multidi sciplinary domestic security strategy that 1053
1571-will guide the state's prevention, preparedness, protection, 1054
1572-response, and recovery efforts against terrorist attacks and 1055
1573-immigration enforcement incidents and make appropriate 1056
1574-recommendations to ensure the implem entation of that strategy. 1057
1575- 2. Review the development of integrated funding plans to 1058
1576-support specific projects, goals, and objectives necessary to 1059
1577-the state's domestic security strategy and make appropriate 1060
1578-recommendations to implement those plans. 1061
1579- 3. Review and recommend approval of prioritized 1062
1580-recommendations from regional domestic security task forces and 1063
1581-state working groups on the use of available funding to ensure 1064
1582-the use of such funds in a manner that best promotes the goals 1065
1583-of statewide, regional , and local domestic security through 1066
1584-coordinated planning and implementation strategies. 1067
1585- 4. Review and recommend approval of statewide policies and 1068
1586-operational protocols that support the domestic security efforts 1069
1587-of the regional domestic security task f orces and state 1070
1588-agencies. 1071
1589- 5. Review the overall statewide effectiveness of domestic 1072
1590-security efforts, and counter-terrorism efforts, and efforts of 1073
1591-coordinating with and providing assistance to the Federal 1074
1592-Government in the enforcement of federal immigra tion laws in 1075
1593-
1594-CS/HB 1617 2023
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1596-
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1601-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
1602-
1603-
1604-
1605-order to provide suggestions to improve or enhance those 1076
1606-efforts. 1077
1607- 6. Review the efforts of any agency or entity involved in 1078
1608-state or local domestic security efforts, and counter-terrorism 1079
1609-efforts, and efforts of coordination with and providi ng 1080
1610-assistance to the Federal Government in the enforcement of 1081
1611-federal immigration laws that requests assistance or that 1082
1612-appears to need such review in order to provide suggestions to 1083
1613-improve or enhance those efforts. 1084
1614- 7. Review efforts within the state to better secure state 1085
1615-and local infrastructure against terrorist attack or immigration 1086
1616-enforcement incidents and make recommendations to enhance the 1087
1617-effectiveness of such efforts. 1088
1618- 8. Review and recommend legislative initiatives related to 1089
1619-the state's domestic security and provide endorsement or 1090
1620-recommendations to enhance the effectiveness of such efforts. 1091
1621- 9. Review statewide or multiagency mobilizations and 1092
1622-responses to major domestic security incidents and recommend 1093
1623-suggestions for training, improvement of response efforts, or 1094
1624-improvement of coordination or for other strategies that may be 1095
1625-derived as necessary from such reviews. 1096
1626- 10. Conduct any additional review or inquiry or make 1097
1627-recommendations to the Governor and Legislature in support of 1098
1628-other initiatives, as may be necessary, to fulfill the function 1099
1629-of general oversight of the state's domestic security efforts, 1100
1630-
1631-CS/HB 1617 2023
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1638-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
1639-
1640-
1641-
1642-and counter-terrorism efforts, and efforts of coordinating with 1101
1643-and providing assistance to the Federal Government in the 1102
1644-enforcement of federal immigration laws and to promote increased 1103
1645-security. 1104
1646- 11. Promote and preserve intergovernmental cooperation and 1105
1647-consensus among state and local agencies, the Federal 1106
1648-Government, private entities, other states, and other nations, 1107
1649-as appropriate, unde r the guidance of the Governor. 1108
1650- (b) The Domestic Security Oversight Council shall make an 1109
1651-annual funding recommendation to the Governor and Legislature 1110
1652-which shall prioritize funding requests based on allocations 1111
1653-from all available sources for implementi ng the state's domestic 1112
1654-security strategy. This recommendation must include the 1113
1655-prioritized recommendations of each of the regional domestic 1114
1656-security task forces and the various working groups that 1115
1657-participate in the prioritization process for funding 1116
1658-allocations. The recommendation must reflect the consideration 1117
1659-of strategic priorities and allocations that best serve the 1118
1660-state's overall domestic security needs. The recommendation 1119
1661-shall be transmitted to the Governor and the Legislature by 1120
1662-December 31 of each year. If additional funds become available, 1121
1663-or reallocation of funding is required beyond current spending 1122
1664-authorizations, the council may make recommendations to the 1123
1665-Governor for consideration by the Legislative Budget Commission. 1124
1666- (6) REPORTS.—The council shall report annually on its 1125
1667-
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1675-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
1676-
1677-
1678-
1679-activities, on or before December 31 of each calendar year, to 1126
1680-the Governor, the President of the Senate, the Speaker of the 1127
1681-House of Representatives, and the chairs of the committees 1128
1682-having principal jurisdiction over do mestic security in the 1129
1683-Senate and the House of Representatives. 1130
1684- (7) AGENCY DESIGNATION. —For purposes of this section, the 1131
1685-Domestic Security Oversight Council shall be considered a 1132
1686-criminal justice agency within the definition of s. 119.011(4). 1133
1687- Section 18. Paragraph (g) of subsection (2) and paragraph 1134
1688-(a) of subsection (3) of section 943.325, Florida Statutes, are 1135
1689-amended, and paragraph (f) is added to subsection (7) of that 1136
1690-section, to read: 1137
1691- 943.325 DNA database. — 1138
1692- (2) DEFINITIONS.—As used in this section, the term: 1139
1693- (g) "Qualifying offender" means any person, including 1140
1694-juveniles and adults, who is: 1141
1695- 1.a. Committed to a county jail; 1142
1696- b. Committed to or under the supervision of the Department 1143
1697-of Corrections, including persons incarcerated in a pri vate 1144
1698-correctional institution operated under contract pursuant to s. 1145
1699-944.105; 1146
1700- c. Committed to or under the supervision of the Department 1147
1701-of Juvenile Justice; 1148
1702- d. Transferred to this state under the Interstate Compact 1149
1703-on Juveniles, part XIII of chapter 9 85; or 1150
1704-
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1712-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
1713-
1714-
1715-
1716- e. Accepted under Article IV of the Interstate Corrections 1151
1717-Compact, part III of chapter 941; and who is: 1152
1718- 2.a. Convicted of any felony offense or attempted felony 1153
1719-offense in this state or of a similar offense in another 1154
1720-jurisdiction; 1155
1721- b. Convicted of a misdemeanor violation of s. 784.048, s. 1156
1722-810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 1157
1723-offense that was found, pursuant to s. 874.04, to have been 1158
1724-committed for the purpose of benefiting, promoting, or 1159
1725-furthering the interests of a criminal gang as defined in s. 1160
1726-874.03; or 1161
1727- c. Arrested for any felony offense or attempted felony 1162
1728-offense in this state ; or 1163
1729- d. In the custody of a law enforcement agency and is 1164
1730-subject to an immigration detainer issued by a federal 1165
1731-immigration agency. 1166
1732- (3) COLLECTION OF SAMPLES. — 1167
1733- (a) Each qualifying offender shall submit a DNA sample at 1168
1734-the time he or she is booked into a jail, correctional facility, 1169
1735-or juvenile facility. A person who becomes a qualifying offender 1170
1736-solely because of the issuance of a n immigration detainer by a 1171
1737-federal immigration agency must submit a DNA sample when the law 1172
1738-enforcement agency having custody of the offender receives the 1173
1739-detainer. 1174
1740- (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS. — 1175
1741-
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1749-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
1750-
1751-
1752-
1753- (f) A law enforcement agency having cus tody of a person 1176
1754-who becomes a qualifying offender solely because of the issuance 1177
1755-of an immigration detainer by a federal immigration agency shall 1178
1756-ensure that a DNA sample is taken from the offender immediately 1179
1757-after the agency receives the detainer and sh all secure and 1180
1758-transmit the sample to the department in a timely manner. 1181
1759- Section 19. Paragraph (m) of subsection (3) of section 1182
1760-394.9082, Florida Statutes, is amended to read: 1183
1761- 394.9082 Behavioral health managing entities. — 1184
1762- (3) DEPARTMENT DUTIES. —The department shall: 1185
1763- (m) Collect and publish, and update annually, all of the 1186
1764-following information on its website for each managing entity: 1187
1765- 1. All compensation earned or awarded, whether paid or 1188
1766-accrued, regardless of contingency, by position, for any 1189
1767-employee, and any other person compensated through a contract 1190
1768-for services whose services include those commonly associated 1191
1769-with a chief executive, chief administrator, or other chief 1192
1770-officer of a business or corporation, who receives compensation 1193
1771-from state-appropriated funds in excess of 150 percent of the 1194
1772-annual salary paid to the secretary of the department. For 1195
1773-purposes of this paragraph, the term "employee" means a person 1196
1774-filling an authorized and established position who performs 1197
1775-labor or services fo r a public or private employer in exchange 1198
1776-for salary, wages, or other remuneration has the same meaning as 1199
1777-in s. 448.095(1). 1200
1778-
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1786-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
1787-
1788-
1789-
1790- 2. The most recent 3 years of the Return of Organization 1201
1791-Exempt from Income Tax, Internal Revenue Service Form 990 and 1202
1792-related documents filed with the Internal Revenue Service, 1203
1793-auditor reports, and annual reports for each managing entity or 1204
1794-affiliated entity. 1205
1795- Section 20. Paragraph (a) of subsection (4) of section 1206
1796-409.996, Florida Statutes, is amended to read: 1207
1797- 409.996 Duties of the Department of Children and 1208
1798-Families.—The department shall contract for the delivery, 1209
1799-administration, or management of care for children in the child 1210
1800-protection and child welfare system. In doing so, the department 1211
1801-retains responsibility for the qual ity of contracted services 1212
1802-and programs and shall ensure that, at a minimum, services are 1213
1803-delivered in accordance with applicable federal and state 1214
1804-statutes and regulations and the performance standards and 1215
1805-metrics specified in the strategic plan created u nder s. 1216
1806-20.19(1). 1217
1807- (4)(a) The department shall collect and publish on its 1218
1808-website, and annually update, all of the following information 1219
1809-for each lead agency under contract with the department: 1220
1810- 1. All compensation earned or awarded, whether paid or 1221
1811-accrued, regardless of contingency, by position, for any 1222
1812-employee, and any other person who is compensated through a 1223
1813-contract for services whose services include those commonly 1224
1814-associated with a chief executive, chief administrator, or other 1225
1815-
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1823-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
1824-
1825-
1826-
1827-chief officer of a business or corporation, who receives 1226
1828-compensation from state -appropriated funds in excess of 150 1227
1829-percent of the annual salary paid to the secretary of the 1228
1830-department. For purposes of this paragraph, the term "employee" 1229
1831-means a person filling an authorize d and established position 1230
1832-who performs labor or services for a public or private employer 1231
1833-in exchange for salary, wages, or other remuneration has the 1232
1834-same meaning as in s. 448.095 . 1233
1835- 2. All findings of the review under subsection (3). 1234
1836- Section 21. For the 2023-2024 fiscal year, the 1235
1837-nonrecurring sum of $12 million from the General Revenue Fund is 1236
1838-appropriated to the Division of Emergency Management within the 1237
1839-Executive Office of the Governor for the Unauthorized Alien 1238
1840-Transport Program. 1239
1841- Section 22. Except as otherwise expressly provided in this 1240
1842-act and except for this section, which shall take effect upon 1241
1843-becoming a law, this act shall take effect July 1, 2023. 1242
865+enforcement agency having custody of the offender receives the 576
866+detainer. 577
867+ (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS .— 578
868+ (f) A law enforcement agency having custody of a person 579
869+who becomes a qualifying offender solely because of the issuance 580
870+of an immigration detainer by a federal immigration agency shall 581
871+ensure that a DNA sample is taken from the offender immediately 582
872+after the agency receives the detainer and must secure and 583
873+transmit the sample to the department in a timely manner. 584
874+ Section 13. Except as otherwise expressly provided in this 585
875+act, this act shall take effect July 1, 2023. 586