Florida Senate - 2023 SB 1718 By Senator Ingoglia 11-01870E-23 20231718__ 1 A bill to be entitled 2 An act relating to immigration; creating ss. 125.0156 3 and 166.246, F.S.; prohibiting counties and 4 municipalities, respectively, from providing funds to 5 any person, entity, or organization to issue 6 identification documents to an individual who does not 7 provide proof of lawful presence in the United States; 8 creating s. 322.033, F.S.; specifying that certain 9 driver licenses and permits issued by other states 10 exclusively to unauthorized immigrants are not valid 11 in this state; requiring law enforcement officers and 12 authorized representatives of the Department of 13 Highway Safety and Motor Vehicles to cite a person 14 driving with a specified invalid license; requiring 15 the department to maintain a list on its website of 16 out-of-state classes of driver licenses that are 17 invalid in this state; amending s. 322.04, F.S.; 18 revising the circumstances under which certain persons 19 are exempt from obtaining a driver license; creating 20 s. 395.3027, F.S.; requiring certain hospitals to 21 collect patient immigration status data information on 22 admission or registration forms; requiring hospitals 23 to submit quarterly reports to the Agency for Health 24 Care Administration containing specified information; 25 requiring the agency to submit an annual report to the 26 Governor and the Legislature containing specified 27 information; authorizing the agency to adopt rules; 28 prohibiting rules requiring the disclosure of patient 29 names to the agency; amending s. 448.09, F.S.; 30 increasing the maximum fine that may be imposed for a 31 first violation of specified provisions relating to 32 employing, hiring, recruiting, or referring aliens for 33 private or public employment; providing a fine for 34 second or subsequent violations of specified 35 provisions after a certain previous conviction 36 relating to employing, hiring, recruiting, or 37 referring aliens for private or public employment; 38 providing criminal penalties for certain aliens who 39 knowingly use false identification documents or who 40 fraudulently use identification documents of another 41 person for the purpose of obtaining employment; making 42 technical changes; amending s. 448.095, F.S.; deleting 43 the definition of the term department; requiring a 44 private employer to verify a persons employment 45 eligibility before recruiting or referring for a fee a 46 person for employment; requiring a private employer to 47 retain specified copies for at least a certain number 48 of years; deleting a provision absolving private 49 employers of civil or criminal liability for complying 50 with certain provisions; creating a certain rebuttable 51 presumption that the private employer has not violated 52 specified provisions with respect to the hiring, 53 recruitment, or referral for employment of an 54 unauthorized alien; establishing an affirmative 55 defense to an allegation that the private employer has 56 not violated specified provisions with respect to the 57 hiring, recruitment, or referral for employment of an 58 unauthorized alien; prohibiting a private employer 59 from continuing to employ an unauthorized alien after 60 obtaining knowledge that a person is or has become an 61 unauthorized alien; authorizing the Department of 62 Economic Opportunity to request, and requiring a 63 private employer to provide, copies of specified 64 documentation; requiring a person or an entity that 65 determines or finds that a private employer has 66 violated certain provisions to notify the department; 67 revising the required actions that the department must 68 take if a private employer does not comply with 69 specified provisions, including imposing fines for 70 first, second, or subsequent violations; requiring 71 that specified fines be deposited into the General 72 Revenue Fund; requiring the department to provide 73 certain notice to private employers for any action 74 taken pursuant to specified provisions; requiring the 75 department to notify private employers of the 76 opportunity for a hearing pursuant to specified 77 provisions; deleting provisions relating to penalties 78 imposed upon private employers for specified 79 violations; conforming provisions to changes made by 80 the act; amending s. 454.021, F.S.; deleting a 81 provision authorizing an unauthorized immigrant to 82 obtain a license to practice law in this state under 83 certain circumstances; providing applicability; 84 amending s. 787.07, F.S.; providing criminal penalties 85 for persons who knowingly and willfully violate, or 86 who reasonably should know and who violate, certain 87 provisions relating to the transporting into or within 88 this state, or the concealing, harboring, or shielding 89 from detection, or the attempt thereof, of individuals 90 who illegally entered the United States; providing 91 enhanced criminal penalties for prior convictions of 92 specified provisions; defining the term conviction; 93 providing circumstances that give rise to a certain 94 inference; requiring that persons who violate certain 95 provisions be held in custody; making technical 96 changes; amending s. 908.104, F.S.; specifying that a 97 state entity, local governmental entity, or law 98 enforcement agency, or an employee, an agent, or a 99 representative of the entity or agency, may not 100 prohibit or in any way restrict a law enforcement 101 agency from sending the applicable information 102 obtained pursuant to certain provisions to a federal 103 immigration agency; amending s. 943.03, F.S.; 104 requiring the Department of Law Enforcement to 105 coordinate and direct the law enforcement, initial 106 emergency, and other initial responses in matters 107 dealing with the Federal Government in federal 108 immigration law enforcement and responses to 109 immigration enforcement incidents within or affecting 110 this state; amending s. 943.03101, F.S.; revising 111 legislative findings and determinations; amending s. 112 943.0311, F.S.; revising the required duties of the 113 Chief of Domestic Security; requiring the chief to 114 regularly coordinate random audits pursuant to 115 specified provisions and notify the Department of 116 Economic Opportunity of any violations; amending s. 117 943.0312, F.S.; revising legislative findings; 118 requiring that each task force cooperate with and 119 provide assistance to the Federal Government in the 120 enforcement of federal immigration laws within or 121 affecting this state in compliance with specified 122 provisions, in accordance with the states domestic 123 security strategic goals and objectives; requiring the 124 Chief of Domestic Security to, in conjunction with 125 specified entities, identify appropriate equipment and 126 training needs, curricula, and materials related to 127 the effective response to immigration enforcement 128 incidents; requiring that each regional domestic 129 security task force, working in conjunction with 130 specified entities, work to ensure that hate-driven 131 acts against ethnic groups that may have been targeted 132 as a result of immigration enforcement incidents 133 within or affecting this state are appropriately 134 investigated and responded to; amending s. 943.0313, 135 F.S.; revising legislative findings; requiring the 136 Domestic Security Oversight Council to make 137 recommendations to the Governor and the Legislature 138 regarding the expenditure of funds and allocation of 139 resources related to cooperating with and providing 140 assistance to the Federal Government in the 141 enforcement of federal immigration laws; expanding the 142 list of persons whom the council may invite to attend 143 and participate in its meetings as ex officio, 144 nonvoting members; revising the duties of the council; 145 amending s. 943.325, F.S.; revising the definition of 146 the term qualifying offender to include certain 147 persons who are the subject of an immigration detainer 148 issued by a federal immigration agency; requiring 149 certain qualifying offenders to submit DNA samples at 150 a specified time; requiring law enforcement agencies 151 to immediately take DNA samples from certain 152 qualifying offenders under certain circumstances; 153 providing effective dates. 154 155 Be It Enacted by the Legislature of the State of Florida: 156 157 Section 1.Section 125.0156, Florida Statutes, is created 158 to read: 159 125.0156Restriction on providing funds for identification 160 documents.A county may not provide funds to any person, entity, 161 or organization for the purpose of issuing an identification 162 card or document to an individual who does not provide proof of 163 lawful presence in the United States. 164 Section 2.Section 166.246, Florida Statutes, is created to 165 read: 166 166.246Restriction on providing funds for identification 167 documents.A municipality may not provide funds to any person, 168 entity, or organization for the purpose of issuing an 169 identification card or document to an individual who does not 170 provide proof of lawful presence in the United States. 171 Section 3.Section 322.033, Florida Statutes, is created to 172 read: 173 322.033Unauthorized aliens; invalid out-of-state driver 174 licenses. 175 (1)If a driver license is of a class of licenses issued by 176 another state exclusively to undocumented immigrants who are 177 unable to prove lawful presence in the United States when the 178 licenses are issued, the driver license, or other permit 179 purporting to authorize the holder to operate a motor vehicle on 180 public roadways, is invalid in this state and does not authorize 181 the holder to operate a motor vehicle in this state. Such 182 classes of licenses include licenses that are issued exclusively 183 to undocumented immigrants or licenses that are substantially 184 the same as licenses issued to citizens, residents, or those 185 lawfully present in the United States but have markings 186 establishing that the license holder did not exercise the option 187 of providing proof of lawful presence. 188 (2)A law enforcement officer or other authorized 189 representative of the department who stops a person driving with 190 an invalid license as described in subsection (1) and driving 191 without a valid license shall issue a citation to the driver for 192 driving without a license in violation of s. 322.03. 193 (3)The department, to facilitate the enforcement of this 194 section and to aid in providing notice to the public and 195 visitors of invalid licenses, shall maintain on its website a 196 list of out-of-state classes of driver licenses that are invalid 197 in this state. 198 Section 4.Section 322.04, Florida Statutes, is amended to 199 read: 200 322.04Persons exempt from obtaining driver license. 201 (1)The following persons are exempt from obtaining a 202 driver license: 203 (a)Any employee of the United States Government, while 204 operating a noncommercial motor vehicle owned by or leased to 205 the United States Government and being operated on official 206 business. 207 (b)Any person while driving or operating any road machine, 208 farm tractor, or implement of husbandry temporarily operated or 209 moved on a highway. 210 (c)A nonresident who is at least 16 years of age and who 211 has in his or her immediate possession a valid noncommercial 212 driver license issued to the nonresident in his or her home 213 state or country operating a motor vehicle of the type for which 214 a Class E driver license is required in this state, if the 215 nonresidents license is not invalid under s. 322.033 relating 216 to proof of the licensees lawful presence in the United States. 217 (d)A nonresident who is at least 18 years of age and who 218 has in his or her immediate possession a valid noncommercial 219 driver license issued to the nonresident in his or her home 220 state or country operating a motor vehicle, other than a 221 commercial motor vehicle, in this state, if the nonresidents 222 license is not invalid under s. 322.033 relating to proof of the 223 licensees lawful presence in the United States. 224 (e)Any person operating a golf cart, as defined in s. 225 320.01, which is operated in accordance with the provisions of 226 s. 316.212. 227 (2)This section does not apply to any person to whom s. 228 322.031 applies. 229 (3)Any person working for a firm under contract to the 230 United States Government whose residence is outside this state 231 and whose main point of employment is outside this state may 232 drive a noncommercial vehicle on the public roads of this state 233 for periods up to 60 days while in this state on temporary duty, 234 if the person has a valid driver license from the state of the 235 persons residence and if the license is not invalid under s. 236 322.033 relating to proof of the licensees lawful presence in 237 the United States. 238 Section 5.Section 395.3027, Florida Statutes, is created 239 to read: 240 395.3027Patient immigration status data collection. 241 (1)Each hospital that accepts Medicaid must include a 242 provision on its patient admission or registration forms for the 243 patient or the patients representative to state or indicate 244 whether the patient is a United States citizen or lawfully 245 present in the United States or is not lawfully present in the 246 United States. The inquiry must be followed by a statement that 247 the response will not affect patient care or result in a report 248 of the patients immigration status to immigration authorities. 249 (2)Each hospital must submit a quarterly report to the 250 agency within 30 days after the end of each calendar quarter 251 which reports the number of hospital admissions or visits within 252 the previous quarter which were made by a patient who indicated 253 that he or she was a citizen of the United States or lawfully 254 present in the United States, was not lawfully present in the 255 United States, or declined to answer. 256 (3)By March 1 of each year, the agency shall submit a 257 report to the Governor, the President of the Senate, and the 258 Speaker of the House of Representatives which includes the total 259 number of hospital admissions and visits for the previous 260 calendar year for which the patient or patients representative 261 reported that the patient was a citizen of the United States or 262 lawfully present in the United States, was not lawfully present 263 in the United States, or declined to answer. The report must 264 also describe information relating to the costs of uncompensated 265 care for aliens who are not lawfully present in the United 266 States, the impact of uncompensated care on the cost or ability 267 of hospitals to provide services to the public, hospital funding 268 needs, and other related information. 269 (4)The agency may adopt rules relating to the format and 270 information to be contained in quarterly reports and the 271 acceptable formats for hospitals to use in requesting 272 information regarding a patients immigration status on hospital 273 admission or registration forms. The rules may not require the 274 disclosure of patient names to the agency. 275 Section 6.Section 448.09, Florida Statutes, is amended to 276 read: 277 448.09Unauthorized aliens; employment prohibited. 278 (1)It is shall be unlawful for any person to knowingly to 279 employ, hire, recruit, or refer, either for herself or himself 280 or on behalf of another, for private or public employment within 281 the state, an alien who is not duly authorized to work by the 282 immigration laws or the Attorney General of the United States. 283 (2)A person who violates The first violation of subsection 284 (1) a first time commits shall be a noncriminal violation as 285 defined in s. 775.08(3) and, upon conviction, shall be 286 punishable as provided in s. 775.082(5) by a civil fine of not 287 more than $1,000 $500, regardless of the number of aliens with 288 respect to whom the violation occurred. 289 (3)A Any person who has been previously convicted for a 290 violation of subsection (1) and who subsequently thereafter 291 violates that subsection commits (1), shall be guilty of a 292 misdemeanor of the second degree, punishable as provided in s. 293 775.082 or s. 775.083, except that the fine is $2,500. Any such 294 subsequent violation of this section constitutes shall 295 constitute a separate offense with respect to each unauthorized 296 alien. 297 (4)Any alien who is not duly authorized to work by the 298 immigration laws or the Attorney General of the United States 299 who knowingly uses a false identification document, or who 300 fraudulently uses an identification document of another person, 301 for the purpose of obtaining employment commits a felony of the 302 third degree, punishable as provided in s. 775.082 or s. 303 775.083. 304 Section 7.Paragraph (c) of subsection (1) and subsection 305 (3) of section 448.095, Florida Statutes, are amended to read: 306 448.095Employment eligibility. 307 (1)DEFINITIONS.As used in this section, the term: 308 (c)Department means the Department of Economic 309 Opportunity. 310 (3)PRIVATE EMPLOYERS. 311 (a)Beginning January 1, 2021, a private employer shall, 312 After making an offer of employment which has been accepted by a 313 person or before recruiting or referring for a fee a person for 314 employment, a private employer shall verify such persons 315 employment eligibility. A private employer is not required to 316 verify the employment eligibility of a continuing employee hired 317 before January 1, 2021. However, if a person is a contract 318 employee retained by a private employer, the private employer 319 must verify the employees employment eligibility upon the 320 renewal or extension of his or her contract. 321 (b)A private employer shall verify a persons employment 322 eligibility by: 323 1.Using the E-Verify system; or 324 2.Requiring the person to provide the same documentation 325 that is required by the United States Citizenship and 326 Immigration Services on its Employment Eligibility Verification 327 form (Form I-9). 328 (c)The private employer must retain, for at least 5 years: 329 1.A copy of the documentation provided under this 330 subparagraph for at least 3 years after the persons initial 331 date of employment. 332 2.A copy of the official verification generated by the E 333 Verify system, if used, and any supporting documentation used to 334 generate the verification after the date the verification was 335 generated. 336 (c)A private employer that complies with this subsection 337 may not be held civilly or criminally liable under state law for 338 hiring, continuing to employ, or refusing to hire an 339 unauthorized alien if the information obtained under paragraph 340 (b) indicates that the persons work authorization status was 341 not that of an unauthorized alien. 342 (d)1.A private employer that establishes compliance with 343 subparagraph (b)1. with respect to the hiring, recruitment, or 344 referral for employment of an unauthorized alien has established 345 a rebuttable presumption that the private employer has not 346 violated this section with respect to such hiring, recruiting, 347 or referral. 348 2.A private employer that establishes compliance with 349 subparagraph (b)2. with respect to the hiring, recruitment, or 350 referral for employment of an unauthorized alien has established 351 an affirmative defense that the private employer has not 352 violated this section with respect to such hiring, recruiting, 353 or referral. 354 3.A private employer may not continue to employ an 355 unauthorized alien after obtaining knowledge that a person is or 356 has become an unauthorized alien For purposes of this 357 subsection, compliance with paragraph (b) creates a rebuttable 358 presumption that a private employer did not knowingly employ an 359 unauthorized alien in violation of s. 448.09(1). 360 (e)1.For the purpose of enforcement of this section, the 361 following persons or entities may request, and a private 362 employer must provide, copies of any documentation relied upon 363 by the private employer for the verification of a persons 364 employment eligibility, including, but not limited to, any 365 documentation required under paragraph (b) or paragraph (c): 366 a.1.The Department of Law Enforcement. 367 b.2.The Attorney General. 368 c.3.The state attorney. 369 d.4.The statewide prosecutor. 370 e.The Department of Economic Opportunity. 371 2.A person or entity that makes a request under this 372 paragraph must rely upon the Federal Government to verify a 373 persons employment eligibility and may not independently make a 374 final determination as to whether a person is an unauthorized 375 alien. If the person or entity determines or finds that a 376 private employer has violated this section, the person or entity 377 must notify the Department of Economic Opportunity. 378 (f)If a private employer does not comply with paragraphs 379 paragraph (b) or (c), the Department of Economic Opportunity 380 must: shall 381 1.Require the private employer to provide an affidavit to 382 the department stating that the private employer will comply 383 with paragraphs paragraph (b) and (c), the private employer has 384 terminated the employment of all unauthorized aliens employed in 385 this state, and the employer will not intentionally or knowingly 386 employ an unauthorized alien in this state. 387 a.If the private employer does not provide the required 388 affidavit within 30 days after the departments request, the 389 department shall notify all appropriate agencies to suspend the 390 appropriate licensing agency shall suspend all applicable 391 licenses held by the private employer. The appropriate agency 392 shall notify the private employer that such suspension is 393 effective until the private employer provides the department 394 with the required affidavit. Upon receipt of the required 395 affidavit, the department shall notify the respective agencies 396 to reinstate the licenses held by the private employer. 397 b.For any private employer that does not provide the 398 required affidavit within 30 days after the departments request 399 three times within any 24-month period, all applicable licenses 400 held by the private employer must be revoked by the respective 401 agencies that issued them. 402 2.Impose a fine if the private employer knowingly employed 403 an unauthorized alien in violation of this subsection: 404 a.For a first violation, the fine is $5,000 for each 405 unauthorized alien employed as a result of noncompliance with 406 this subsection. 407 b.For a second violation within 24 months of the first 408 violation, the fine is $7,500 for each unauthorized alien 409 employed as a result of noncompliance with this subsection. 410 Additionally, all applicable licenses held by the private 411 employer must be suspended for 120 days by the respective 412 agencies that issued them. 413 c.For a third or subsequent violation within 24 months of 414 the first violation, the fine is $10,000 for each unauthorized 415 alien employed as a result of noncompliance with this 416 subsection. Additionally, all applicable licenses held by the 417 private employer must be revoked by the respective agencies that 418 issued them. 419 d.All fines imposed pursuant to this subparagraph must be 420 deposited in the General Revenue Fund. 421 (g)For purposes of paragraph (f): this paragraph, 422 1.The applicable licenses that are subject to suspension 423 or revocation under that this paragraph are all licenses that 424 are held by the private employer specific to the business 425 location where the unauthorized alien performed work. If the 426 private employer does not hold a license specific to the 427 business location where the unauthorized alien performed work, 428 but a license is necessary to operate the private employers 429 business in general, the licenses that are subject to suspension 430 or revocation under this paragraph (f) are all licenses that are 431 held by the private employer at the private employers primary 432 place of business. 433 2.The Department of Economic Opportunity must provide 434 notice to a private employer for any action under that paragraph 435 in accordance with the provisions of chapter 120, including a 436 statement of facts, and must notify the private employer of the 437 opportunity for a hearing pursuant to ss. 120.569 and 120.57. 438 (g)For any private employer found to have violated 439 paragraph (f) three times within any 36 month period, the 440 appropriate licensing agency shall permanently revoke all 441 licenses that are held by the private employer specific to the 442 business location where the unauthorized alien performed work. 443 If the private employer does not hold a license specific to the 444 business location where the unauthorized alien performed work, 445 but a license is necessary to operate the private employers 446 business in general, the appropriate licensing agency shall 447 permanently revoke all licenses that are held by the private 448 employer at the private employers primary place of business. 449 Section 8.Effective November 1, 2026, subsection (3) of 450 section 454.021, Florida Statutes, is amended to read: 451 454.021Attorneys; admission to practice law; Supreme Court 452 to govern and regulate. 453 (3)Upon certification by the Florida Board of Bar 454 Examiners that an applicant who is an unauthorized immigrant who 455 was brought to the United States as a minor; has been present in 456 the United States for more than 10 years; has received 457 documented employment authorization from the United States 458 Citizenship and Immigration Services (USCIS); has been issued a 459 social security number; if a male, has registered with the 460 Selective Service System if required to do so under the Military 461 Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all 462 requirements for admission to practice law in this state, the 463 Supreme Court of Florida may admit that applicant as an attorney 464 at law authorized to practice in this state and may direct an 465 order be entered upon the courts records to that effect. 466 Section 9.The repeal of s. 454.021(3), Florida Statutes, 467 by this act does not affect the validity of any license to 468 practice law issued pursuant to that subsection before November 469 1, 2026. 470 Section 10.Section 787.07, Florida Statutes, is amended to 471 read: 472 787.07Human smuggling. 473 (1)Except as provided in subsections (3) and (4), a person 474 who knowingly and willfully commits any of the following 475 offenses commits a felony of the third degree, punishable as 476 provided in s. 775.082, s. 775.083, or s. 775.084: 477 (a)Transports into or within this state an individual whom 478 who the person knows, or reasonably should know, has is 479 illegally entered entering the United States in violation of law 480 and has not been inspected by the Federal Government since his 481 or her unlawful entry. 482 (b)Conceals, harbors, or shields from detection, or 483 attempts to conceal, harbor, or shield from detection, in any 484 place within this state, including any temporary or permanent 485 structure or through any means of transportation, an individual 486 whom the person knows, or reasonably should know, has entered 487 the United States in violation of law and has not been inspected 488 by the Federal Government since his or her unlawful entry from 489 another country commits a felony of the third degree, punishable 490 as provided in s. 775.082, s. 775.083, or s. 775.084. 491 (2)A person commits a separate offense for each individual 492 he or she transports, conceals, harbors, or shields from 493 detection, or attempts to transport, conceal, harbor, or shield 494 from detection, into this state in violation of this section. 495 (3)A person who commits five or more separate offenses 496 under this section during a single episode commits a felony of 497 the second degree, punishable as provided in s. 775.082, s. 498 775.083, or s. 775.084. 499 (4)(a)A person with a prior conviction under this section 500 commits a felony of the second degree, punishable as provided in 501 s. 775.082, s. 775.083, or s. 775.084. 502 (b)As used in paragraph (a), the term conviction means a 503 determination of guilt that is the result of a plea agreement or 504 a trial, regardless of whether adjudication is withheld or a 505 plea of nolo contendere is entered. 506 (5)Proof that a person knowingly and willfully presented 507 false identification or gave false information to a law 508 enforcement officer who is conducting an investigation for a 509 violation of this section gives rise to an inference that such 510 person was aware that the transported, concealed, harbored, or 511 shielded individual has entered the United States in violation 512 of the law and had not been inspected by the Federal Government 513 since his or her unlawful entry. 514 (6)A person who is arrested for a violation of this 515 section must be held in custody until brought before the court 516 for admittance to pretrial release in accordance with chapter 517 903. 518 Section 11.Paragraph (f) is added to subsection (2) of 519 section 908.104, Florida Statutes, to read: 520 908.104Cooperation with federal immigration authorities. 521 (2)Except as otherwise expressly prohibited by federal 522 law, a state entity, local governmental entity, or law 523 enforcement agency, or an employee, an agent, or a 524 representative of the entity or agency, may not prohibit or in 525 any way restrict a law enforcement agency from taking any of the 526 following actions with respect to information regarding a 527 persons immigration status: 528 (f)Sending the applicable information obtained pursuant to 529 enforcement of s. 448.095 to a federal immigration agency. 530 Section 12.Subsection (14) of section 943.03, Florida 531 Statutes, is amended to read: 532 943.03Department of Law Enforcement. 533 (14)The department, with respect to counter-terrorism 534 efforts, responses to acts of terrorism within or affecting this 535 state, coordinating with and providing assistance to the Federal 536 Government in the enforcement of federal immigration laws, 537 responses to immigration enforcement incidents within or 538 affecting this state, and other matters related to the domestic 539 security of Florida as it relates to terrorism and immigration 540 enforcement incidents, shall coordinate and direct the law 541 enforcement, initial emergency, and other initial responses. The 542 department shall work closely with the Division of Emergency 543 Management, other federal, state, and local law enforcement 544 agencies, fire and rescue agencies, first-responder agencies, 545 and others involved in preparation against acts of terrorism in 546 or affecting this state, immigration enforcement incidents 547 within or affecting this state, and in the response to such acts 548 or incidents. The executive director of the department, or 549 another member of the department designated by the director, 550 shall serve as Chief of Domestic Security for the purpose of 551 directing and coordinating such efforts. The department and 552 Chief of Domestic Security shall use the regional domestic 553 security task forces as established in this chapter to assist in 554 such efforts. 555 Section 13.Section 943.03101, Florida Statutes, is amended 556 to read: 557 943.03101Counter-terrorism and immigration enforcement 558 coordination.The Legislature finds that with respect to 559 counter-terrorism efforts, and initial responses to acts of 560 terrorism within or affecting this state, coordinating with and 561 providing assistance to the Federal Government in the 562 enforcement of federal immigration laws, and responses to 563 immigration enforcement incidents within or affecting this 564 state, specialized efforts of emergency management which are 565 unique to such situations are required and that these efforts 566 intrinsically involve very close coordination of federal, state, 567 and local law enforcement agencies with the efforts of all 568 others involved in emergency-response efforts. In order to best 569 provide this specialized effort, the Legislature has determined 570 that such efforts should be coordinated by and through the 571 Department of Law Enforcement, working closely with the Division 572 of Emergency Management and others involved in preparation 573 against acts of terrorism in or affecting this state, 574 immigration enforcement incidents within or affecting this 575 state, and in the initial response to such acts, in accordance 576 with the state comprehensive emergency management plan prepared 577 pursuant to s. 252.35(2)(a). 578 Section 14.Present subsections (2) through (7) of section 579 943.0311, Florida Statutes, are redesignated as subsections (3) 580 through (8), respectively, a new subsection (2) is added to that 581 section, and subsection (1) and present subsection (3) of that 582 section are amended, to read: 583 943.0311Chief of Domestic Security; duties of the 584 department with respect to domestic security. 585 (1)The executive director of the department, or a member 586 of the department designated by the executive director, shall 587 serve as the Chief of Domestic Security. The Chief of Domestic 588 Security shall: 589 (a)Coordinate the efforts of the department in the ongoing 590 assessment of this states vulnerability to, and ability to 591 detect, prevent, prepare for, respond to, and recover from, acts 592 of terrorism within or affecting this state and immigration 593 enforcement incidents within or affecting this state. 594 (b)Prepare recommendations for the Governor, the President 595 of the Senate, and the Speaker of the House of Representatives, 596 which are based upon ongoing assessments to limit the 597 vulnerability of the state to terrorism and immigration 598 enforcement incidents. 599 (c)Coordinate the collection of proposals to limit the 600 vulnerability of the state to terrorism and immigration 601 enforcement incidents. 602 (d)Use regional task forces to support the duties of the 603 department set forth in this section. 604 (e)Use public or private resources to perform the duties 605 assigned to the department under this section. 606 (2)The chief shall regularly coordinate random audits 607 pursuant to s. 448.095 to ensure compliance and enforcement and 608 shall notify the Department of Economic Opportunity of any 609 violations. 610 (4)(3)The chief shall report to the Governor, the 611 President of the Senate, and the Speaker of the House of 612 Representatives by November 1 of each year suggestions for 613 specific and significant security enhancements of any building, 614 facility, or structure owned or leased by a state agency, state 615 university, or community college or any entity that has 616 conducted an assessment under subsection (6) (5). The chief may 617 utilize the assessments provided under subsection (6) (5) in 618 making his or her suggestions. The report shall suggest 619 strategies to maximize federal funds in support of building or 620 facility security if such funds are available. 621 Section 15.Section 943.0312, Florida Statutes, is amended 622 to read: 623 943.0312Regional domestic security task forces.The 624 Legislature finds that there is a need to develop and implement 625 a statewide strategy to address prevention, preparation, 626 protection, response, and recovery efforts by federal, state, 627 and local law enforcement agencies, emergency management 628 agencies, fire and rescue departments, first-responder 629 personnel, and others in dealing with potential or actual 630 terrorist acts within or affecting this state and potential or 631 actual immigration enforcement incidents within or affecting 632 this state. 633 (1)To assist the department and the Chief of Domestic 634 Security in performing their roles and duties in this regard, 635 the department shall establish a regional domestic security task 636 force in each of the departments operational regions. The task 637 forces shall serve in an advisory capacity to the department and 638 the Chief of Domestic Security and shall provide support to the 639 department in its performance of functions pertaining to 640 domestic security. 641 (a)Subject to annual appropriation, the department shall 642 provide dedicated employees to support the function of each 643 regional domestic security task force. 644 (b)Each task force shall be co-chaired by the departments 645 special agent in charge of the operational region in which the 646 task force is located and by a local sheriff or chief of police 647 from within the operational region. 648 (c)Each task force membership may also include 649 representatives of state and local law enforcement agencies, 650 fire and rescue departments, or first-responder personnel; 651 representatives of emergency management agencies and health, 652 medical, and hospital agencies; representatives of local 653 emergency planning committees; and other persons as deemed 654 appropriate and necessary by the task force co-chairs. 655 (d)The co-chairs of each task force may appoint 656 subcommittees and subcommittee chairs as necessary in order to 657 address issues related to the various disciplines represented on 658 the task force, except that subcommittee chairs for emergency 659 management shall be appointed with the approval of the director 660 of the Division of Emergency Management. A subcommittee chair 661 shall serve at the pleasure of the co-chairs. 662 (2)In accordance with the states domestic security 663 strategic goals and objectives, each task force shall coordinate 664 efforts to counter terrorism, as defined by s. 775.30, and 665 cooperate with and provide assistance to the Federal Government 666 in the enforcement of federal immigration laws within or 667 affecting this state in compliance with chapter 908, among 668 local, state, and federal resources to ensure that such efforts 669 are not fragmented or unnecessarily duplicated; coordinate 670 training for local and state personnel to counter terrorism as 671 defined in by s. 775.30; and cooperate with and provide 672 assistance to the Federal Government in the enforcement of 673 federal immigration laws within or affecting this state in 674 compliance with chapter 908; coordinate the collection and 675 dissemination of investigative and intelligence information; and 676 facilitate responses to terrorist incidents within or affecting 677 each region and immigration enforcement incidents within or 678 affecting each region. With the approval of the Chief of 679 Domestic Security, the task forces may incorporate other 680 objectives reasonably related to the goals of enhancing the 681 states domestic security and ability to detect, prevent, and 682 respond to acts of terrorism within or affecting this state or 683 immigration enforcement incidents within or affecting this 684 state. Each task force shall take into account the variety of 685 conditions and resources present within its region. 686 (3)The Chief of Domestic Security, in conjunction with the 687 Division of Emergency Management, the regional domestic security 688 task forces, and the various state entities responsible for 689 establishing training standards applicable to state law 690 enforcement officers and fire, emergency, and first-responder 691 personnel shall identify appropriate equipment and training 692 needs, curricula, and materials related to the effective 693 response to suspected or actual acts of terrorism, immigration 694 enforcement incidents, or incidents involving real or hoax 695 weapons of mass destruction as defined in s. 790.166. 696 Recommendations for funding for purchases of equipment, delivery 697 of training, implementation of, or revision to basic or 698 continued training required for state licensure or 699 certification, or other related responses shall be made by the 700 Chief of Domestic Security to the Domestic Security Oversight 701 Council, the Executive Office of the Governor, the President of 702 the Senate, and the Speaker of the House of Representatives as 703 necessary to ensure that the needs of this state with regard to 704 the preparing, equipping, training, and exercising of response 705 personnel are identified and addressed. In making such 706 recommendations, the Chief of Domestic Security and the Division 707 of Emergency Management shall identify all funding sources that 708 may be available to fund such efforts. 709 (4)Each regional domestic security task force, working in 710 conjunction with the department, the Office of the Attorney 711 General, and other public or private entities, shall work to 712 ensure that hate-driven acts against ethnic groups that may have 713 been targeted as a result of acts of terrorism in or affecting 714 this state, or as a result of immigration enforcement incidents 715 within or affecting this state, are appropriately investigated 716 and responded to. 717 (5)Members of each regional domestic security task force 718 may not receive any pay other than their salaries normally 719 received from their employers, but are entitled to reimbursement 720 for per diem and travel expenses in accordance with s. 112.061. 721 (6)Subject to annual appropriation, the department shall 722 provide staff and administrative support for the regional 723 domestic security task forces. 724 Section 16.Section 943.0313, Florida Statutes, is amended 725 to read: 726 943.0313Domestic Security Oversight Council.The 727 Legislature finds that there exists a need to provide executive 728 direction and leadership with respect to terrorism and 729 immigration enforcement incident prevention, preparation, 730 protection, response, and recovery efforts by state and local 731 agencies in this state. In recognition of this need, the 732 Domestic Security Oversight Council is hereby created. The 733 council shall serve as an advisory council pursuant to s. 734 20.03(7) to provide guidance to the states regional domestic 735 security task forces and other domestic security working groups 736 and to make recommendations to the Governor and the Legislature 737 regarding the expenditure of funds and allocation of resources 738 related to counter-terrorism and cooperating with and providing 739 assistance to the Federal Government in the enforcement of 740 federal immigration laws and domestic security efforts. 741 (1)MEMBERSHIP. 742 (a)The Domestic Security Oversight Council shall consist 743 of the following voting members: 744 1.The executive director of the Department of Law 745 Enforcement. 746 2.The director of the Division of Emergency Management. 747 3.The Attorney General. 748 4.The Commissioner of Agriculture. 749 5.The State Surgeon General. 750 6.The Commissioner of Education. 751 7.The State Fire Marshal. 752 8.The adjutant general of the Florida National Guard. 753 9.The state chief information officer. 754 10.Each sheriff or chief of police who serves as a co 755 chair of a regional domestic security task force pursuant to s. 756 943.0312(1)(b). 757 11.Each of the departments special agents in charge who 758 serve as a co-chair of a regional domestic security task force. 759 12.Two representatives of the Florida Fire Chiefs 760 Association. 761 13.One representative of the Florida Police Chiefs 762 Association. 763 14.One representative of the Florida Prosecuting Attorneys 764 Association. 765 15.The chair of the Statewide Domestic Security 766 Intelligence Committee. 767 16.One representative of the Florida Hospital Association. 768 17.One representative of the Emergency Medical Services 769 Advisory Council. 770 18.One representative of the Florida Emergency 771 Preparedness Association. 772 19.One representative of the Florida Seaport 773 Transportation and Economic Development Council. 774 (b)In addition to the members designated in paragraph (a), 775 the council may invite other ex officio, nonvoting members to 776 attend and participate in council meetings. Those nonvoting 777 members may include, but need not be limited to: 778 1.The executive director of the Department of Highway 779 Safety and Motor Vehicles. 780 2.The Secretary of Health Care Administration. 781 3.The Secretary of Environmental Protection. 782 4.The director of the Division of Law Enforcement within 783 the Fish and Wildlife Conservation Commission. 784 5.A representative of the Commission on Human Relations. 785 6.A representative of the United States Coast Guard. 786 7.A United States Attorney from a federal judicial circuit 787 within this state. 788 8.A special agent in charge from an office of the Federal 789 Bureau of Investigation within this state. 790 9.A representative of the United States Department of 791 Homeland Security. 792 10.A representative of United States Immigration and 793 Customs Enforcement. 794 11.A representative of United States Customs and Border 795 Protection. 796 (2)ORGANIZATION. 797 (a)The Legislature finds that the council serves a 798 legitimate state, county, and municipal purpose and that service 799 on the council is consistent with a members principal service 800 in public office or employment. Membership on the council does 801 not disqualify a member from holding any other public office or 802 being employed by a public entity, except that a member of the 803 Legislature may not serve on the council. 804 (b)The executive director of the Department of Law 805 Enforcement shall serve as chair of the council, and the 806 director of the Division of Emergency Management shall serve as 807 vice chair of the council. In the absence of the chair, the vice 808 chair shall serve as chair. In the absence of the vice chair, 809 the chair may name any member of the council to perform the 810 duties of the chair if such substitution does not extend beyond 811 a defined meeting, duty, or period of time. 812 (c)Any absent voting member of the council may be 813 represented by a designee empowered to act on any issue before 814 the council to the same extent that the designating member is 815 empowered. If a co-chair of a regional domestic security task 816 force is absent from a council meeting, the co-chair shall 817 appoint a subcommittee chair of that task force as the designee. 818 (d)The council shall establish bylaws for its general 819 governance. 820 (e)Any member of the council serving by reason of the 821 office or employment held by the member shall cease to serve on 822 the council at such time as he or she ceases to hold the office 823 or employment which was the basis for appointment to the 824 council. 825 (f)Representatives from agencies or organizations other 826 than those designated by title shall be chosen by the entity. 827 Except for those individuals designated by title, council 828 members shall be certified annually to the chair by the 829 organization they represent. 830 (g)Members of the council or their designees shall serve 831 without compensation but are entitled to reimbursement for per 832 diem and travel expenses pursuant to s. 112.061. 833 (h)The department shall provide the council with the staff 834 support necessary to assist in the performance of its duties. 835 (3)MEETINGS.The council must meet at least semiannually. 836 Additional meetings may be held as necessary. A majority of the 837 members of the council constitutes a quorum. 838 (4)EXECUTIVE COMMITTEE. 839 (a)The council shall establish an executive committee 840 consisting of the following members: 841 1.The executive director of the Department of Law 842 Enforcement. 843 2.The director of the Division of Emergency Management. 844 3.The Attorney General. 845 4.The Commissioner of Agriculture. 846 5.The State Surgeon General. 847 6.The Commissioner of Education. 848 7.The State Fire Marshal. 849 (b)The executive director of the Department of Law 850 Enforcement shall serve as the chair of the executive committee, 851 and the director of the Division of Emergency Management shall 852 serve as the vice chair of the executive committee. 853 (c)The executive committee shall approve all matters 854 brought before the council prior to consideration. When 855 expedited action of the council is deemed necessary by the chair 856 or vice chair, the executive committee may act on behalf of the 857 council. 858 (5)DUTIES OF THE COUNCIL. 859 (a)The Domestic Security Oversight Council shall serve as 860 an advisory council to the Governor, the Legislature, and the 861 Chief of Domestic Security. The council shall: 862 1.Review the development, maintenance, and operation of a 863 comprehensive multidisciplinary domestic security strategy that 864 will guide the states prevention, preparedness, protection, 865 response, and recovery efforts against terrorist attacks and 866 immigration enforcement incidents and make appropriate 867 recommendations to ensure the implementation of that strategy. 868 2.Review the development of integrated funding plans to 869 support specific projects, goals, and objectives necessary to 870 the states domestic security strategy and make appropriate 871 recommendations to implement those plans. 872 3.Review and recommend approval of prioritized 873 recommendations from regional domestic security task forces and 874 state working groups on the use of available funding to ensure 875 the use of such funds in a manner that best promotes the goals 876 of statewide, regional, and local domestic security through 877 coordinated planning and implementation strategies. 878 4.Review and recommend approval of statewide policies and 879 operational protocols that support the domestic security efforts 880 of the regional domestic security task forces and state 881 agencies. 882 5.Review the overall statewide effectiveness of domestic 883 security efforts, and counter-terrorism efforts, and efforts of 884 coordinating with and providing assistance to the Federal 885 Government in the enforcement of federal immigration laws in 886 order to provide suggestions to improve or enhance those 887 efforts. 888 6.Review the efforts of any agency or entity involved in 889 state or local domestic security efforts, and counter-terrorism 890 efforts, and efforts of coordination with and providing 891 assistance to the Federal Government in the enforcement of 892 federal immigration laws that requests assistance or that 893 appears to need such review in order to provide suggestions to 894 improve or enhance those efforts. 895 7.Review efforts within the state to better secure state 896 and local infrastructure against terrorist attack or immigration 897 enforcement incidents and make recommendations to enhance the 898 effectiveness of such efforts. 899 8.Review and recommend legislative initiatives related to 900 the states domestic security and provide endorsement or 901 recommendations to enhance the effectiveness of such efforts. 902 9.Review statewide or multiagency mobilizations and 903 responses to major domestic security incidents and recommend 904 suggestions for training, improvement of response efforts, or 905 improvement of coordination or for other strategies that may be 906 derived as necessary from such reviews. 907 10.Conduct any additional review or inquiry or make 908 recommendations to the Governor and Legislature in support of 909 other initiatives, as may be necessary, to fulfill the function 910 of general oversight of the states domestic security efforts, 911 and counter-terrorism efforts, and efforts of coordinating with 912 and providing assistance to the Federal Government in the 913 enforcement of federal immigration laws and to promote increased 914 security. 915 11.Promote and preserve intergovernmental cooperation and 916 consensus among state and local agencies, the Federal 917 Government, private entities, other states, and other nations, 918 as appropriate, under the guidance of the Governor. 919 (b)The Domestic Security Oversight Council shall make an 920 annual funding recommendation to the Governor and Legislature 921 which shall prioritize funding requests based on allocations 922 from all available sources for implementing the states domestic 923 security strategy. This recommendation must include the 924 prioritized recommendations of each of the regional domestic 925 security task forces and the various working groups that 926 participate in the prioritization process for funding 927 allocations. The recommendation must reflect the consideration 928 of strategic priorities and allocations that best serve the 929 states overall domestic security needs. The recommendation 930 shall be transmitted to the Governor and the Legislature by 931 December 31 of each year. If additional funds become available, 932 or reallocation of funding is required beyond current spending 933 authorizations, the council may make recommendations to the 934 Governor for consideration by the Legislative Budget Commission. 935 (6)REPORTS.The council shall report annually on its 936 activities, on or before December 31 of each calendar year, to 937 the Governor, the President of the Senate, the Speaker of the 938 House of Representatives, and the chairs of the committees 939 having principal jurisdiction over domestic security in the 940 Senate and the House of Representatives. 941 (7)AGENCY DESIGNATION.For purposes of this section, the 942 Domestic Security Oversight Council shall be considered a 943 criminal justice agency within the definition of s. 119.011(4). 944 Section 17.Paragraph (g) of subsection (2) and paragraph 945 (a) of subsection (3) of section 943.325, Florida Statutes, are 946 amended, and paragraph (f) is added to subsection (7) of that 947 section, to read: 948 943.325DNA database. 949 (2)DEFINITIONS.As used in this section, the term: 950 (g)Qualifying offender means any person, including 951 juveniles and adults, who is: 952 1.a.Committed to a county jail; 953 b.Committed to or under the supervision of the Department 954 of Corrections, including persons incarcerated in a private 955 correctional institution operated under contract pursuant to s. 956 944.105; 957 c.Committed to or under the supervision of the Department 958 of Juvenile Justice; 959 d.Transferred to this state under the Interstate Compact 960 on Juveniles, part XIII of chapter 985; or 961 e.Accepted under Article IV of the Interstate Corrections 962 Compact, part III of chapter 941; and who is: 963 2.a.Convicted of any felony offense or attempted felony 964 offense in this state or of a similar offense in another 965 jurisdiction; 966 b.Convicted of a misdemeanor violation of s. 784.048, s. 967 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 968 offense that was found, pursuant to s. 874.04, to have been 969 committed for the purpose of benefiting, promoting, or 970 furthering the interests of a criminal gang as defined in s. 971 874.03; or 972 c.Arrested for any felony offense or attempted felony 973 offense in this state; or 974 d.In the custody of a law enforcement agency and is 975 subject to an immigration detainer issued by a federal 976 immigration agency. 977 (3)COLLECTION OF SAMPLES. 978 (a)Each qualifying offender shall submit a DNA sample at 979 the time he or she is booked into a jail, correctional facility, 980 or juvenile facility. A person who becomes a qualifying offender 981 solely because of the issuance of an immigration detainer by a 982 federal immigration agency must submit a DNA sample when the law 983 enforcement agency having custody of the offender receives the 984 detainer. 985 (7)COLLECTION OF DNA SAMPLES FROM OFFENDERS. 986 (f)A law enforcement agency having custody of a person who 987 becomes a qualifying offender solely because of the issuance of 988 an immigration detainer by a federal immigration agency shall 989 ensure that a DNA sample is taken from the offender immediately 990 after the agency receives the detainer and shall secure and 991 transmit the sample to the department in a timely manner. 992 Section 18.Except as otherwise expressly provided in this 993 act, this act shall take effect July 1, 2023.