Florida Senate - 2023 CS for SB 1718 By the Committee on Rules; and Senator Ingoglia 595-02631-23 20231718c1 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 public employer, contractor, or subcontractor to 45 retain specified copies for at least a certain number 46 of years; creating a certain rebuttable presumption 47 that the public employer, contractor, or subcontractor 48 has not violated specified provisions with respect to 49 the hiring of an unauthorized alien; prohibiting a 50 public employer from continuing to employ an 51 unauthorized alien after obtaining knowledge that a 52 person is or has become an unauthorized alien; 53 authorizing specified persons or entities to request, 54 and requiring a public employer, contractor, or 55 subcontractor to provide, copies of specified 56 documentation; requiring a public employer, 57 contractor, or subcontractor to provide an affidavit 58 to the Department of Economic Opportunity under 59 certain circumstances; requiring a private employer to 60 verify a persons employment eligibility before 61 recruiting or referring for a fee a person for 62 employment; requiring a private employer to retain 63 specified copies for at least a certain number of 64 years; deleting a provision absolving private 65 employers of civil or criminal liability for complying 66 with certain provisions; creating a certain rebuttable 67 presumption that the private employer has not violated 68 specified provisions with respect to the hiring, 69 recruitment, or referral for employment of an 70 unauthorized alien; establishing an affirmative 71 defense to an allegation that the private employer has 72 not violated specified provisions with respect to the 73 hiring, recruitment, or referral for employment of an 74 unauthorized alien; prohibiting a private employer 75 from continuing to employ an unauthorized alien after 76 obtaining knowledge that a person is or has become an 77 unauthorized alien; authorizing the Department of 78 Economic Opportunity to request, and requiring a 79 private employer to provide, copies of specified 80 documentation; requiring a person or an entity that 81 determines or finds that a private employer has 82 violated certain provisions to notify the department; 83 revising the required actions that the department must 84 take if a private employer does not comply with 85 specified provisions, including imposing fines for 86 first, second, or subsequent violations; requiring 87 that specified fines be deposited into the General 88 Revenue Fund; requiring the department to provide 89 certain notice to private employers for any action 90 taken pursuant to specified provisions; requiring the 91 department to notify private employers of the 92 opportunity for a hearing pursuant to specified 93 provisions; deleting provisions relating to penalties 94 imposed upon private employers for specified 95 violations; conforming provisions to changes made by 96 the act; amending s. 454.021, F.S.; deleting a 97 provision authorizing an unauthorized immigrant to 98 obtain a license to practice law in this state under 99 certain circumstances; providing applicability; 100 amending s. 787.07, F.S.; providing criminal penalties 101 for persons who knowingly and willfully violate, or 102 who reasonably should know and who violate, certain 103 provisions relating to the transporting into or within 104 this state, or the concealing, harboring, or shielding 105 from detection, or the attempt thereof, of individuals 106 who entered the United States unlawfully and without 107 inspection by the Federal Government; providing 108 enhanced criminal penalties for prior convictions of 109 specified provisions; defining the term conviction; 110 providing circumstances that give rise to a certain 111 inference; requiring that persons who violate certain 112 provisions be held in custody; making technical 113 changes; amending s. 908.104, F.S.; specifying that a 114 state entity, local governmental entity, or law 115 enforcement agency, or an employee, an agent, or a 116 representative of the entity or agency, may not 117 prohibit or in any way restrict a law enforcement 118 agency from sending the applicable information 119 obtained pursuant to certain provisions to a federal 120 immigration agency; amending s. 943.03, F.S.; 121 requiring the Department of Law Enforcement to 122 coordinate and direct the law enforcement, initial 123 emergency, and other initial responses in matters 124 dealing with the Federal Government in federal 125 immigration law enforcement and responses to 126 immigration enforcement incidents within or affecting 127 this state; amending s. 943.03101, F.S.; revising 128 legislative findings and determinations; amending s. 129 943.0311, F.S.; revising the required duties of the 130 Chief of Domestic Security; requiring the chief to 131 regularly coordinate random audits pursuant to 132 specified provisions and notify the Department of 133 Economic Opportunity of any violations; amending s. 134 943.0312, F.S.; revising legislative findings; 135 requiring that each task force cooperate with and 136 provide assistance to the Federal Government in the 137 enforcement of federal immigration laws within or 138 affecting this state in compliance with specified 139 provisions, in accordance with the states domestic 140 security strategic goals and objectives; requiring the 141 Chief of Domestic Security to, in conjunction with 142 specified entities, identify appropriate equipment and 143 training needs, curricula, and materials related to 144 the effective response to immigration enforcement 145 incidents; requiring that each regional domestic 146 security task force, working in conjunction with 147 specified entities, work to ensure that hate-driven 148 acts against ethnic groups that may have been targeted 149 as a result of immigration enforcement incidents 150 within or affecting this state are appropriately 151 investigated and responded to; amending s. 943.0313, 152 F.S.; revising legislative findings; requiring the 153 Domestic Security Oversight Council to make 154 recommendations to the Governor and the Legislature 155 regarding the expenditure of funds and allocation of 156 resources related to cooperating with and providing 157 assistance to the Federal Government in the 158 enforcement of federal immigration laws; expanding the 159 list of persons whom the council may invite to attend 160 and participate in its meetings as ex officio, 161 nonvoting members; revising the duties of the council; 162 amending s. 943.325, F.S.; revising the definition of 163 the term qualifying offender to include certain 164 persons who are the subject of an immigration detainer 165 issued by a federal immigration agency; requiring 166 certain qualifying offenders to submit DNA samples at 167 a specified time; requiring law enforcement agencies 168 to immediately take DNA samples from certain 169 qualifying offenders under certain circumstances; 170 providing effective dates. 171 172 Be It Enacted by the Legislature of the State of Florida: 173 174 Section 1.Section 125.0156, Florida Statutes, is created 175 to read: 176 125.0156Restriction on providing funds for identification 177 documents.A county may not provide funds to any person, entity, 178 or organization for the purpose of issuing an identification 179 card or document to an individual who does not provide proof of 180 lawful presence in the United States. 181 Section 2.Section 166.246, Florida Statutes, is created to 182 read: 183 166.246Restriction on providing funds for identification 184 documents.A municipality may not provide funds to any person, 185 entity, or organization for the purpose of issuing an 186 identification card or document to an individual who does not 187 provide proof of lawful presence in the United States. 188 Section 3.Section 322.033, Florida Statutes, is created to 189 read: 190 322.033Unauthorized aliens; invalid out-of-state driver 191 licenses. 192 (1)If a driver license is of a class of licenses issued by 193 another state exclusively to undocumented immigrants who are 194 unable to prove lawful presence in the United States when the 195 licenses are issued, the driver license, or other permit 196 purporting to authorize the holder to operate a motor vehicle on 197 public roadways, is invalid in this state and does not authorize 198 the holder to operate a motor vehicle in this state. Such 199 classes of licenses include licenses that are issued exclusively 200 to undocumented immigrants or licenses that are substantially 201 the same as licenses issued to citizens, residents, or those 202 lawfully present in the United States but have markings 203 establishing that the license holder did not exercise the option 204 of providing proof of lawful presence. 205 (2)A law enforcement officer or other authorized 206 representative of the department who stops a person driving with 207 an invalid license as described in subsection (1) and driving 208 without a valid license shall issue a citation to the driver for 209 driving without a license in violation of s. 322.03. 210 (3)The department, to facilitate the enforcement of this 211 section and to aid in providing notice to the public and 212 visitors of invalid licenses, shall maintain on its website a 213 list of out-of-state classes of driver licenses that are invalid 214 in this state. 215 Section 4.Section 322.04, Florida Statutes, is amended to 216 read: 217 322.04Persons exempt from obtaining driver license. 218 (1)The following persons are exempt from obtaining a 219 driver license: 220 (a)Any employee of the United States Government, while 221 operating a noncommercial motor vehicle owned by or leased to 222 the United States Government and being operated on official 223 business. 224 (b)Any person while driving or operating any road machine, 225 farm tractor, or implement of husbandry temporarily operated or 226 moved on a highway. 227 (c)A nonresident who is at least 16 years of age and who 228 has in his or her immediate possession a valid noncommercial 229 driver license issued to the nonresident in his or her home 230 state or country operating a motor vehicle of the type for which 231 a Class E driver license is required in this state, if the 232 nonresidents license is not invalid under s. 322.033 relating 233 to proof of the licensees lawful presence in the United States. 234 (d)A nonresident who is at least 18 years of age and who 235 has in his or her immediate possession a valid noncommercial 236 driver license issued to the nonresident in his or her home 237 state or country operating a motor vehicle, other than a 238 commercial motor vehicle, in this state, if the nonresidents 239 license is not invalid under s. 322.033 relating to proof of the 240 licensees lawful presence in the United States. 241 (e)Any person operating a golf cart, as defined in s. 242 320.01, which is operated in accordance with the provisions of 243 s. 316.212. 244 (2)This section does not apply to any person to whom s. 245 322.031 applies. 246 (3)Any person working for a firm under contract to the 247 United States Government whose residence is outside this state 248 and whose main point of employment is outside this state may 249 drive a noncommercial vehicle on the public roads of this state 250 for periods up to 60 days while in this state on temporary duty, 251 if the person has a valid driver license from the state of the 252 persons residence and if the license is not invalid under s. 253 322.033 relating to proof of the licensees lawful presence in 254 the United States. 255 Section 5.Section 395.3027, Florida Statutes, is created 256 to read: 257 395.3027Patient immigration status data collection. 258 (1)Each hospital that accepts Medicaid must include a 259 provision on its patient admission or registration forms for the 260 patient or the patients representative to state or indicate 261 whether the patient is a United States citizen or lawfully 262 present in the United States or is not lawfully present in the 263 United States. The inquiry must be followed by a statement that 264 the response will not affect patient care or result in a report 265 of the patients immigration status to immigration authorities. 266 (2)Each hospital must submit a quarterly report to the 267 agency within 30 days after the end of each calendar quarter 268 which reports the number of hospital admissions or visits within 269 the previous quarter which were made by a patient who indicated 270 that he or she was a citizen of the United States or lawfully 271 present in the United States, was not lawfully present in the 272 United States, or declined to answer. 273 (3)By March 1 of each year, the agency shall submit a 274 report to the Governor, the President of the Senate, and the 275 Speaker of the House of Representatives which includes the total 276 number of hospital admissions and visits for the previous 277 calendar year for which the patient or patients representative 278 reported that the patient was a citizen of the United States or 279 lawfully present in the United States, was not lawfully present 280 in the United States, or declined to answer. The report must 281 also describe information relating to the costs of uncompensated 282 care for aliens who are not lawfully present in the United 283 States, the impact of uncompensated care on the cost or ability 284 of hospitals to provide services to the public, hospital funding 285 needs, and other related information. 286 (4)The agency may adopt rules relating to the format and 287 information to be contained in quarterly reports and the 288 acceptable formats for hospitals to use in requesting 289 information regarding a patients immigration status on hospital 290 admission or registration forms. The rules may not require the 291 disclosure of patient names to the agency. 292 Section 6.Section 448.09, Florida Statutes, is amended to 293 read: 294 448.09Unauthorized aliens; employment prohibited. 295 (1)It is shall be unlawful for any person to knowingly to 296 employ, hire, recruit, or refer, either for herself or himself 297 or on behalf of another, for private or public employment within 298 the state, an alien who is not duly authorized to work by the 299 immigration laws or the Attorney General of the United States. 300 (2)A person who violates The first violation of subsection 301 (1) a first time commits shall be a noncriminal violation as 302 defined in s. 775.08(3) and, upon conviction, shall be 303 punishable as provided in s. 775.082(5) by a civil fine of not 304 more than $1,000 $500, regardless of the number of aliens with 305 respect to whom the violation occurred. 306 (3)A Any person who has been previously convicted for a 307 violation of subsection (1) and who subsequently thereafter 308 violates that subsection commits (1), shall be guilty of a 309 misdemeanor of the second degree, punishable as provided in s. 310 775.082 or s. 775.083, except that the fine is $2,500. Any such 311 subsequent violation of this section constitutes shall 312 constitute a separate offense with respect to each unauthorized 313 alien. 314 (4)Any alien who is not duly authorized to work by the 315 immigration laws or the Attorney General of the United States 316 who knowingly uses a false identification document, or who 317 fraudulently uses an identification document of another person, 318 for the purpose of obtaining employment commits a felony of the 319 third degree, punishable as provided in s. 775.082 or s. 320 775.083. 321 Section 7.Paragraph (c) of subsection (1), paragraph (a) 322 of subsection (2), and subsection (3) of section 448.095, 323 Florida Statutes, are amended, and paragraphs (g), (h), and (i) 324 are added to subsection (2) of that section, to read: 325 448.095Employment eligibility. 326 (1)DEFINITIONS.As used in this section, the term: 327 (c)Department means the Department of Economic 328 Opportunity. 329 (2)PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS. 330 (a)Beginning January 1, 2021, Every public employer, 331 contractor, and subcontractor shall register with and use the E 332 Verify system to verify the work authorization status of all 333 newly hired employees. A public employer, contractor, or 334 subcontractor may not enter into a contract unless each party to 335 the contract registers with and uses the E-Verify system. A 336 public employer, contractor, or subcontractor must retain a copy 337 of the official verification generated by the E-Verify system 338 and any supporting documentation used to generate the 339 verification for at least 5 years after the date the 340 verification was generated. 341 (g)1.A public employer, contractor, or subcontractor that 342 establishes compliance with this subsection with respect to the 343 hiring of an unauthorized alien has established a rebuttable 344 presumption that the public employer, contractor, or 345 subcontractor has not violated this section with respect to such 346 hiring. 347 2.A public employer, contractor, or subcontractor may not 348 continue to employ an unauthorized alien after obtaining 349 knowledge that a person is or has become an unauthorized alien. 350 (h)1.For the purpose of enforcement of this section, the 351 following persons or entities may request, and a public 352 employer, contractor, or subcontractor must provide, copies of 353 any documentation relied upon by the public employer, 354 contractor, or subcontractor for the verification of a persons 355 employment eligibility, including, but not limited to, any 356 documentation required under paragraph (a) or paragraph (b): 357 a.The Department of Law Enforcement. 358 b.The Attorney General. 359 c.The state attorney. 360 d.The statewide prosecutor. 361 e.The Department of Economic Opportunity. 362 2.A person or entity that makes a request under this 363 paragraph must rely upon the Federal Government to verify a 364 persons employment eligibility and may not independently make a 365 final determination as to whether a person is an unauthorized 366 alien. If the person or entity determines or finds that a public 367 employer, contractor, or subcontractor has violated this 368 section, the person or entity must notify the Department of 369 Economic Opportunity. 370 (i)If a public employer, contractor, or subcontractor does 371 not comply with paragraph (a) or paragraph (b), as applicable, 372 the Department of Economic Opportunity must require the public 373 employer, contractor, or subcontractor to provide an affidavit 374 to the department stating that the entity will comply with 375 paragraphs (a) and (b), as applicable, the entity has terminated 376 the employment of all unauthorized aliens employed in this 377 state, and the entity will not intentionally or knowingly employ 378 an unauthorized alien in this state. 379 (3)PRIVATE EMPLOYERS. 380 (a)Beginning January 1, 2021, a private employer shall, 381 After making an offer of employment which has been accepted by a 382 person or before recruiting or referring for a fee a person for 383 employment, a private employer shall verify such persons 384 employment eligibility. A private employer is not required to 385 verify the employment eligibility of a continuing employee hired 386 before January 1, 2021. However, if a person is a contract 387 employee retained by a private employer, the private employer 388 must verify the employees employment eligibility upon the 389 renewal or extension of his or her contract. 390 (b)A private employer shall verify a persons employment 391 eligibility by: 392 1.Using the E-Verify system; or 393 2.Requiring the person to provide the same documentation 394 that is required by the United States Citizenship and 395 Immigration Services on its Employment Eligibility Verification 396 form (Form I-9). 397 (c)The private employer must retain, for at least 5 years: 398 1.A copy of the documentation provided under this 399 subparagraph for at least 3 years after the persons initial 400 date of employment. 401 2.A copy of the official verification generated by the E 402 Verify system, if used, and any supporting documentation used to 403 generate the verification after the date the verification was 404 generated. 405 (c)A private employer that complies with this subsection 406 may not be held civilly or criminally liable under state law for 407 hiring, continuing to employ, or refusing to hire an 408 unauthorized alien if the information obtained under paragraph 409 (b) indicates that the persons work authorization status was 410 not that of an unauthorized alien. 411 (d)1.A private employer that establishes compliance with 412 subparagraph (b)1. with respect to the hiring, recruitment, or 413 referral for employment of an unauthorized alien has established 414 a rebuttable presumption that the private employer has not 415 violated this section with respect to such hiring, recruiting, 416 or referral. 417 2.A private employer that establishes compliance with 418 subparagraph (b)2. with respect to the hiring, recruitment, or 419 referral for employment of an unauthorized alien has established 420 an affirmative defense that the private employer has not 421 violated this section with respect to such hiring, recruiting, 422 or referral. 423 3.A private employer may not continue to employ an 424 unauthorized alien after obtaining knowledge that a person is or 425 has become an unauthorized alien For purposes of this 426 subsection, compliance with paragraph (b) creates a rebuttable 427 presumption that a private employer did not knowingly employ an 428 unauthorized alien in violation of s. 448.09(1). 429 (e)1.For the purpose of enforcement of this section, the 430 following persons or entities may request, and a private 431 employer must provide, copies of any documentation relied upon 432 by the private employer for the verification of a persons 433 employment eligibility, including, but not limited to, any 434 documentation required under paragraph (b) or paragraph (c): 435 a.1.The Department of Law Enforcement. 436 b.2.The Attorney General. 437 c.3.The state attorney. 438 d.4.The statewide prosecutor. 439 e.The Department of Economic Opportunity. 440 2.A person or entity that makes a request under this 441 paragraph must rely upon the Federal Government to verify a 442 persons employment eligibility and may not independently make a 443 final determination as to whether a person is an unauthorized 444 alien. If the person or entity determines or finds that a 445 private employer has violated this section, the person or entity 446 must notify the Department of Economic Opportunity. 447 (f)If a private employer does not comply with paragraph 448 (b) or paragraph (c), the Department of Economic Opportunity 449 must: shall 450 1.Require the private employer to provide an affidavit to 451 the department stating that the private employer will comply 452 with paragraphs paragraph (b) and (c), the private employer has 453 terminated the employment of all unauthorized aliens employed in 454 this state, and the employer will not intentionally or knowingly 455 employ an unauthorized alien in this state. 456 a.If the private employer does not provide the required 457 affidavit within 30 days after the departments request, the 458 department shall notify all appropriate agencies to suspend the 459 appropriate licensing agency shall suspend all applicable 460 licenses held by the private employer. The appropriate agency 461 shall notify the private employer that such suspension is 462 effective until the private employer provides the department 463 with the required affidavit. Upon receipt of the required 464 affidavit, the department shall notify the respective agencies 465 to reinstate the licenses held by the private employer. 466 b.For any private employer that does not provide the 467 required affidavit within 30 days after the departments request 468 three times within any 24-month period, all applicable licenses 469 held by the private employer must be revoked by the respective 470 agencies that issued them. 471 2.Impose a fine if the private employer knowingly employed 472 an unauthorized alien in violation of this subsection: 473 a.For a first violation, the fine is $5,000 for each 474 unauthorized alien employed as a result of noncompliance with 475 this subsection. 476 b.For a second violation within 24 months of the first 477 violation, the fine is $7,500 for each unauthorized alien 478 employed as a result of noncompliance with this subsection. 479 Additionally, all applicable licenses held by the private 480 employer must be suspended for 120 days by the respective 481 agencies that issued them. 482 c.For a third or subsequent violation within 24 months of 483 the first violation, the fine is $10,000 for each unauthorized 484 alien employed as a result of noncompliance with this 485 subsection. Additionally, all applicable licenses held by the 486 private employer must be revoked by the respective agencies that 487 issued them. 488 d.All fines imposed pursuant to this subparagraph must be 489 deposited in the General Revenue Fund. 490 (g)For purposes of paragraph (f): this paragraph, 491 1.The applicable licenses that are subject to suspension 492 or revocation under that this paragraph are all licenses that 493 are held by the private employer specific to the business 494 location where the unauthorized alien performed work. If the 495 private employer does not hold a license specific to the 496 business location where the unauthorized alien performed work, 497 but a license is necessary to operate the private employers 498 business in general, the licenses that are subject to suspension 499 or revocation under this paragraph (f) are all licenses that are 500 held by the private employer at the private employers primary 501 place of business. 502 2.The Department of Economic Opportunity must provide 503 notice to a private employer for any action under that paragraph 504 in accordance with the provisions of chapter 120, including a 505 statement of facts, and must notify the private employer of the 506 opportunity for a hearing pursuant to ss. 120.569 and 120.57. 507 (g)For any private employer found to have violated 508 paragraph (f) three times within any 36 month period, the 509 appropriate licensing agency shall permanently revoke all 510 licenses that are held by the private employer specific to the 511 business location where the unauthorized alien performed work. 512 If the private employer does not hold a license specific to the 513 business location where the unauthorized alien performed work, 514 but a license is necessary to operate the private employers 515 business in general, the appropriate licensing agency shall 516 permanently revoke all licenses that are held by the private 517 employer at the private employers primary place of business. 518 Section 8.Effective November 1, 2026, subsection (3) of 519 section 454.021, Florida Statutes, is amended to read: 520 454.021Attorneys; admission to practice law; Supreme Court 521 to govern and regulate. 522 (3)Upon certification by the Florida Board of Bar 523 Examiners that an applicant who is an unauthorized immigrant who 524 was brought to the United States as a minor; has been present in 525 the United States for more than 10 years; has received 526 documented employment authorization from the United States 527 Citizenship and Immigration Services (USCIS); has been issued a 528 social security number; if a male, has registered with the 529 Selective Service System if required to do so under the Military 530 Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all 531 requirements for admission to practice law in this state, the 532 Supreme Court of Florida may admit that applicant as an attorney 533 at law authorized to practice in this state and may direct an 534 order be entered upon the courts records to that effect. 535 Section 9.The repeal of s. 454.021(3), Florida Statutes, 536 by this act does not affect the validity of any license to 537 practice law issued pursuant to that subsection before November 538 1, 2026. 539 Section 10.Section 787.07, Florida Statutes, is amended to 540 read: 541 787.07Human smuggling. 542 (1)Except as provided in subsections (3) and (4), a person 543 who knowingly and willfully commits any of the following 544 offenses commits a felony of the third degree, punishable as 545 provided in s. 775.082, s. 775.083, or s. 775.084: 546 (a)Transports into or within this state an individual whom 547 who the person knows, or reasonably should know, has entered is 548 illegally entering the United States in violation of law and has 549 not been inspected by the Federal Government since his or her 550 unlawful entry from another country. 551 (b)Conceals, harbors, or shields from detection, or 552 attempts to conceal, harbor, or shield from detection, in any 553 place within this state, including any temporary or permanent 554 structure or through any means of transportation, an individual 555 whom the person knows, or reasonably should know, has entered 556 the United States in violation of law and has not been inspected 557 by the Federal Government since his or her unlawful entry from 558 another country commits a felony of the third degree, punishable 559 as provided in s. 775.082, s. 775.083, or s. 775.084. 560 (2)A person commits a separate offense for each individual 561 he or she transports, conceals, harbors, or shields from 562 detection, or attempts to transport, conceal, harbor, or shield 563 from detection, into this state in violation of this section. 564 (3)A person who commits five or more separate offenses 565 under this section during a single episode commits a felony of 566 the second degree, punishable as provided in s. 775.082, s. 567 775.083, or s. 775.084. 568 (4)(a)A person with a prior conviction under this section 569 who commits a subsequent violation of this section commits a 570 felony of the second degree, punishable as provided in s. 571 775.082, s. 775.083, or s. 775.084. 572 (b)As used in paragraph (a), the term conviction means a 573 determination of guilt that is the result of a plea agreement or 574 a trial, regardless of whether adjudication is withheld or a 575 plea of nolo contendere is entered. 576 (5)Proof that a person knowingly and willfully presented 577 false identification or gave false information to a law 578 enforcement officer who is conducting an investigation for a 579 violation of this section gives rise to an inference that such 580 person was aware that the transported, concealed, harbored, or 581 shielded individual has entered the United States in violation 582 of the law and had not been inspected by the Federal Government 583 since his or her unlawful entry. 584 (6)A person who is arrested for a violation of this 585 section must be held in custody until brought before the court 586 for admittance to pretrial release in accordance with chapter 587 903. 588 Section 11.Paragraph (f) is added to subsection (2) of 589 section 908.104, Florida Statutes, to read: 590 908.104Cooperation with federal immigration authorities. 591 (2)Except as otherwise expressly prohibited by federal 592 law, a state entity, local governmental entity, or law 593 enforcement agency, or an employee, an agent, or a 594 representative of the entity or agency, may not prohibit or in 595 any way restrict a law enforcement agency from taking any of the 596 following actions with respect to information regarding a 597 persons immigration status: 598 (f)Sending the applicable information obtained pursuant to 599 enforcement of s. 448.095 to a federal immigration agency. 600 Section 12.Subsection (14) of section 943.03, Florida 601 Statutes, is amended to read: 602 943.03Department of Law Enforcement. 603 (14)The department, with respect to counter-terrorism 604 efforts, responses to acts of terrorism within or affecting this 605 state, coordinating with and providing assistance to the Federal 606 Government in the enforcement of federal immigration laws, 607 responses to immigration enforcement incidents within or 608 affecting this state, and other matters related to the domestic 609 security of Florida as it relates to terrorism and immigration 610 enforcement incidents, shall coordinate and direct the law 611 enforcement, initial emergency, and other initial responses. The 612 department shall work closely with the Division of Emergency 613 Management, other federal, state, and local law enforcement 614 agencies, fire and rescue agencies, first-responder agencies, 615 and others involved in preparation against acts of terrorism in 616 or affecting this state, immigration enforcement incidents 617 within or affecting this state, and in the response to such acts 618 or incidents. The executive director of the department, or 619 another member of the department designated by the director, 620 shall serve as Chief of Domestic Security for the purpose of 621 directing and coordinating such efforts. The department and 622 Chief of Domestic Security shall use the regional domestic 623 security task forces as established in this chapter to assist in 624 such efforts. 625 Section 13.Section 943.03101, Florida Statutes, is amended 626 to read: 627 943.03101Counter-terrorism and immigration enforcement 628 coordination.The Legislature finds that with respect to 629 counter-terrorism efforts, and initial responses to acts of 630 terrorism within or affecting this state, coordinating with and 631 providing assistance to the Federal Government in the 632 enforcement of federal immigration laws, and responses to 633 immigration enforcement incidents within or affecting this 634 state, specialized efforts of emergency management which are 635 unique to such situations are required and that these efforts 636 intrinsically involve very close coordination of federal, state, 637 and local law enforcement agencies with the efforts of all 638 others involved in emergency-response efforts. In order to best 639 provide this specialized effort, the Legislature has determined 640 that such efforts should be coordinated by and through the 641 Department of Law Enforcement, working closely with the Division 642 of Emergency Management and others involved in preparation 643 against acts of terrorism in or affecting this state, 644 immigration enforcement incidents within or affecting this 645 state, and in the initial response to such acts, in accordance 646 with the state comprehensive emergency management plan prepared 647 pursuant to s. 252.35(2)(a). 648 Section 14.Present subsections (2) through (7) of section 649 943.0311, Florida Statutes, are redesignated as subsections (3) 650 through (8), respectively, a new subsection (2) is added to that 651 section, and subsection (1) and present subsection (3) of that 652 section are amended, to read: 653 943.0311Chief of Domestic Security; duties of the 654 department with respect to domestic security. 655 (1)The executive director of the department, or a member 656 of the department designated by the executive director, shall 657 serve as the Chief of Domestic Security. The Chief of Domestic 658 Security shall: 659 (a)Coordinate the efforts of the department in the ongoing 660 assessment of this states vulnerability to, and ability to 661 detect, prevent, prepare for, respond to, and recover from, acts 662 of terrorism within or affecting this state and immigration 663 enforcement incidents within or affecting this state. 664 (b)Prepare recommendations for the Governor, the President 665 of the Senate, and the Speaker of the House of Representatives, 666 which are based upon ongoing assessments to limit the 667 vulnerability of the state to terrorism and immigration 668 enforcement incidents. 669 (c)Coordinate the collection of proposals to limit the 670 vulnerability of the state to terrorism and immigration 671 enforcement incidents. 672 (d)Use regional task forces to support the duties of the 673 department set forth in this section. 674 (e)Use public or private resources to perform the duties 675 assigned to the department under this section. 676 (2)The chief shall regularly coordinate random audits 677 pursuant to s. 448.095 to ensure compliance and enforcement and 678 shall notify the Department of Economic Opportunity of any 679 violations. 680 (4)(3)The chief shall report to the Governor, the 681 President of the Senate, and the Speaker of the House of 682 Representatives by November 1 of each year suggestions for 683 specific and significant security enhancements of any building, 684 facility, or structure owned or leased by a state agency, state 685 university, or community college or any entity that has 686 conducted an assessment under subsection (6) (5). The chief may 687 utilize the assessments provided under subsection (6) (5) in 688 making his or her suggestions. The report shall suggest 689 strategies to maximize federal funds in support of building or 690 facility security if such funds are available. 691 Section 15.Section 943.0312, Florida Statutes, is amended 692 to read: 693 943.0312Regional domestic security task forces.The 694 Legislature finds that there is a need to develop and implement 695 a statewide strategy to address prevention, preparation, 696 protection, response, and recovery efforts by federal, state, 697 and local law enforcement agencies, emergency management 698 agencies, fire and rescue departments, first-responder 699 personnel, and others in dealing with potential or actual 700 terrorist acts within or affecting this state and potential or 701 actual immigration enforcement incidents within or affecting 702 this state. 703 (1)To assist the department and the Chief of Domestic 704 Security in performing their roles and duties in this regard, 705 the department shall establish a regional domestic security task 706 force in each of the departments operational regions. The task 707 forces shall serve in an advisory capacity to the department and 708 the Chief of Domestic Security and shall provide support to the 709 department in its performance of functions pertaining to 710 domestic security. 711 (a)Subject to annual appropriation, the department shall 712 provide dedicated employees to support the function of each 713 regional domestic security task force. 714 (b)Each task force shall be co-chaired by the departments 715 special agent in charge of the operational region in which the 716 task force is located and by a local sheriff or chief of police 717 from within the operational region. 718 (c)Each task force membership may also include 719 representatives of state and local law enforcement agencies, 720 fire and rescue departments, or first-responder personnel; 721 representatives of emergency management agencies and health, 722 medical, and hospital agencies; representatives of local 723 emergency planning committees; and other persons as deemed 724 appropriate and necessary by the task force co-chairs. 725 (d)The co-chairs of each task force may appoint 726 subcommittees and subcommittee chairs as necessary in order to 727 address issues related to the various disciplines represented on 728 the task force, except that subcommittee chairs for emergency 729 management shall be appointed with the approval of the director 730 of the Division of Emergency Management. A subcommittee chair 731 shall serve at the pleasure of the co-chairs. 732 (2)In accordance with the states domestic security 733 strategic goals and objectives, each task force shall coordinate 734 efforts to counter terrorism, as defined by s. 775.30, and 735 cooperate with and provide assistance to the Federal Government 736 in the enforcement of federal immigration laws within or 737 affecting this state in compliance with chapter 908, among 738 local, state, and federal resources to ensure that such efforts 739 are not fragmented or unnecessarily duplicated; coordinate 740 training for local and state personnel to counter terrorism as 741 defined in by s. 775.30; and cooperate with and provide 742 assistance to the Federal Government in the enforcement of 743 federal immigration laws within or affecting this state in 744 compliance with chapter 908; coordinate the collection and 745 dissemination of investigative and intelligence information; and 746 facilitate responses to terrorist incidents within or affecting 747 each region and immigration enforcement incidents within or 748 affecting each region. With the approval of the Chief of 749 Domestic Security, the task forces may incorporate other 750 objectives reasonably related to the goals of enhancing the 751 states domestic security and ability to detect, prevent, and 752 respond to acts of terrorism within or affecting this state or 753 immigration enforcement incidents within or affecting this 754 state. Each task force shall take into account the variety of 755 conditions and resources present within its region. 756 (3)The Chief of Domestic Security, in conjunction with the 757 Division of Emergency Management, the regional domestic security 758 task forces, and the various state entities responsible for 759 establishing training standards applicable to state law 760 enforcement officers and fire, emergency, and first-responder 761 personnel shall identify appropriate equipment and training 762 needs, curricula, and materials related to the effective 763 response to suspected or actual acts of terrorism, immigration 764 enforcement incidents, or incidents involving real or hoax 765 weapons of mass destruction as defined in s. 790.166. 766 Recommendations for funding for purchases of equipment, delivery 767 of training, implementation of, or revision to basic or 768 continued training required for state licensure or 769 certification, or other related responses shall be made by the 770 Chief of Domestic Security to the Domestic Security Oversight 771 Council, the Executive Office of the Governor, the President of 772 the Senate, and the Speaker of the House of Representatives as 773 necessary to ensure that the needs of this state with regard to 774 the preparing, equipping, training, and exercising of response 775 personnel are identified and addressed. In making such 776 recommendations, the Chief of Domestic Security and the Division 777 of Emergency Management shall identify all funding sources that 778 may be available to fund such efforts. 779 (4)Each regional domestic security task force, working in 780 conjunction with the department, the Office of the Attorney 781 General, and other public or private entities, shall work to 782 ensure that hate-driven acts against ethnic groups that may have 783 been targeted as a result of acts of terrorism in or affecting 784 this state, or as a result of immigration enforcement incidents 785 within or affecting this state, are appropriately investigated 786 and responded to. 787 (5)Members of each regional domestic security task force 788 may not receive any pay other than their salaries normally 789 received from their employers, but are entitled to reimbursement 790 for per diem and travel expenses in accordance with s. 112.061. 791 (6)Subject to annual appropriation, the department shall 792 provide staff and administrative support for the regional 793 domestic security task forces. 794 Section 16.Section 943.0313, Florida Statutes, is amended 795 to read: 796 943.0313Domestic Security Oversight Council.The 797 Legislature finds that there exists a need to provide executive 798 direction and leadership with respect to terrorism and 799 immigration enforcement incident prevention, preparation, 800 protection, response, and recovery efforts by state and local 801 agencies in this state. In recognition of this need, the 802 Domestic Security Oversight Council is hereby created. The 803 council shall serve as an advisory council pursuant to s. 804 20.03(7) to provide guidance to the states regional domestic 805 security task forces and other domestic security working groups 806 and to make recommendations to the Governor and the Legislature 807 regarding the expenditure of funds and allocation of resources 808 related to counter-terrorism and cooperating with and providing 809 assistance to the Federal Government in the enforcement of 810 federal immigration laws and domestic security efforts. 811 (1)MEMBERSHIP. 812 (a)The Domestic Security Oversight Council shall consist 813 of the following voting members: 814 1.The executive director of the Department of Law 815 Enforcement. 816 2.The director of the Division of Emergency Management. 817 3.The Attorney General. 818 4.The Commissioner of Agriculture. 819 5.The State Surgeon General. 820 6.The Commissioner of Education. 821 7.The State Fire Marshal. 822 8.The adjutant general of the Florida National Guard. 823 9.The state chief information officer. 824 10.Each sheriff or chief of police who serves as a co 825 chair of a regional domestic security task force pursuant to s. 826 943.0312(1)(b). 827 11.Each of the departments special agents in charge who 828 serve as a co-chair of a regional domestic security task force. 829 12.Two representatives of the Florida Fire Chiefs 830 Association. 831 13.One representative of the Florida Police Chiefs 832 Association. 833 14.One representative of the Florida Prosecuting Attorneys 834 Association. 835 15.The chair of the Statewide Domestic Security 836 Intelligence Committee. 837 16.One representative of the Florida Hospital Association. 838 17.One representative of the Emergency Medical Services 839 Advisory Council. 840 18.One representative of the Florida Emergency 841 Preparedness Association. 842 19.One representative of the Florida Seaport 843 Transportation and Economic Development Council. 844 (b)In addition to the members designated in paragraph (a), 845 the council may invite other ex officio, nonvoting members to 846 attend and participate in council meetings. Those nonvoting 847 members may include, but need not be limited to: 848 1.The executive director of the Department of Highway 849 Safety and Motor Vehicles. 850 2.The Secretary of Health Care Administration. 851 3.The Secretary of Environmental Protection. 852 4.The director of the Division of Law Enforcement within 853 the Fish and Wildlife Conservation Commission. 854 5.A representative of the Commission on Human Relations. 855 6.A representative of the United States Coast Guard. 856 7.A United States Attorney from a federal judicial circuit 857 within this state. 858 8.A special agent in charge from an office of the Federal 859 Bureau of Investigation within this state. 860 9.A representative of the United States Department of 861 Homeland Security. 862 10.A representative of United States Immigration and 863 Customs Enforcement. 864 11.A representative of United States Customs and Border 865 Protection. 866 (2)ORGANIZATION. 867 (a)The Legislature finds that the council serves a 868 legitimate state, county, and municipal purpose and that service 869 on the council is consistent with a members principal service 870 in public office or employment. Membership on the council does 871 not disqualify a member from holding any other public office or 872 being employed by a public entity, except that a member of the 873 Legislature may not serve on the council. 874 (b)The executive director of the Department of Law 875 Enforcement shall serve as chair of the council, and the 876 director of the Division of Emergency Management shall serve as 877 vice chair of the council. In the absence of the chair, the vice 878 chair shall serve as chair. In the absence of the vice chair, 879 the chair may name any member of the council to perform the 880 duties of the chair if such substitution does not extend beyond 881 a defined meeting, duty, or period of time. 882 (c)Any absent voting member of the council may be 883 represented by a designee empowered to act on any issue before 884 the council to the same extent that the designating member is 885 empowered. If a co-chair of a regional domestic security task 886 force is absent from a council meeting, the co-chair shall 887 appoint a subcommittee chair of that task force as the designee. 888 (d)The council shall establish bylaws for its general 889 governance. 890 (e)Any member of the council serving by reason of the 891 office or employment held by the member shall cease to serve on 892 the council at such time as he or she ceases to hold the office 893 or employment which was the basis for appointment to the 894 council. 895 (f)Representatives from agencies or organizations other 896 than those designated by title shall be chosen by the entity. 897 Except for those individuals designated by title, council 898 members shall be certified annually to the chair by the 899 organization they represent. 900 (g)Members of the council or their designees shall serve 901 without compensation but are entitled to reimbursement for per 902 diem and travel expenses pursuant to s. 112.061. 903 (h)The department shall provide the council with the staff 904 support necessary to assist in the performance of its duties. 905 (3)MEETINGS.The council must meet at least semiannually. 906 Additional meetings may be held as necessary. A majority of the 907 members of the council constitutes a quorum. 908 (4)EXECUTIVE COMMITTEE. 909 (a)The council shall establish an executive committee 910 consisting of the following members: 911 1.The executive director of the Department of Law 912 Enforcement. 913 2.The director of the Division of Emergency Management. 914 3.The Attorney General. 915 4.The Commissioner of Agriculture. 916 5.The State Surgeon General. 917 6.The Commissioner of Education. 918 7.The State Fire Marshal. 919 (b)The executive director of the Department of Law 920 Enforcement shall serve as the chair of the executive committee, 921 and the director of the Division of Emergency Management shall 922 serve as the vice chair of the executive committee. 923 (c)The executive committee shall approve all matters 924 brought before the council prior to consideration. When 925 expedited action of the council is deemed necessary by the chair 926 or vice chair, the executive committee may act on behalf of the 927 council. 928 (5)DUTIES OF THE COUNCIL. 929 (a)The Domestic Security Oversight Council shall serve as 930 an advisory council to the Governor, the Legislature, and the 931 Chief of Domestic Security. The council shall: 932 1.Review the development, maintenance, and operation of a 933 comprehensive multidisciplinary domestic security strategy that 934 will guide the states prevention, preparedness, protection, 935 response, and recovery efforts against terrorist attacks and 936 immigration enforcement incidents and make appropriate 937 recommendations to ensure the implementation of that strategy. 938 2.Review the development of integrated funding plans to 939 support specific projects, goals, and objectives necessary to 940 the states domestic security strategy and make appropriate 941 recommendations to implement those plans. 942 3.Review and recommend approval of prioritized 943 recommendations from regional domestic security task forces and 944 state working groups on the use of available funding to ensure 945 the use of such funds in a manner that best promotes the goals 946 of statewide, regional, and local domestic security through 947 coordinated planning and implementation strategies. 948 4.Review and recommend approval of statewide policies and 949 operational protocols that support the domestic security efforts 950 of the regional domestic security task forces and state 951 agencies. 952 5.Review the overall statewide effectiveness of domestic 953 security efforts, and counter-terrorism efforts, and efforts of 954 coordinating with and providing assistance to the Federal 955 Government in the enforcement of federal immigration laws in 956 order to provide suggestions to improve or enhance those 957 efforts. 958 6.Review the efforts of any agency or entity involved in 959 state or local domestic security efforts, and counter-terrorism 960 efforts, and efforts of coordination with and providing 961 assistance to the Federal Government in the enforcement of 962 federal immigration laws that requests assistance or that 963 appears to need such review in order to provide suggestions to 964 improve or enhance those efforts. 965 7.Review efforts within the state to better secure state 966 and local infrastructure against terrorist attack or immigration 967 enforcement incidents and make recommendations to enhance the 968 effectiveness of such efforts. 969 8.Review and recommend legislative initiatives related to 970 the states domestic security and provide endorsement or 971 recommendations to enhance the effectiveness of such efforts. 972 9.Review statewide or multiagency mobilizations and 973 responses to major domestic security incidents and recommend 974 suggestions for training, improvement of response efforts, or 975 improvement of coordination or for other strategies that may be 976 derived as necessary from such reviews. 977 10.Conduct any additional review or inquiry or make 978 recommendations to the Governor and Legislature in support of 979 other initiatives, as may be necessary, to fulfill the function 980 of general oversight of the states domestic security efforts, 981 and counter-terrorism efforts, and efforts of coordinating with 982 and providing assistance to the Federal Government in the 983 enforcement of federal immigration laws and to promote increased 984 security. 985 11.Promote and preserve intergovernmental cooperation and 986 consensus among state and local agencies, the Federal 987 Government, private entities, other states, and other nations, 988 as appropriate, under the guidance of the Governor. 989 (b)The Domestic Security Oversight Council shall make an 990 annual funding recommendation to the Governor and Legislature 991 which shall prioritize funding requests based on allocations 992 from all available sources for implementing the states domestic 993 security strategy. This recommendation must include the 994 prioritized recommendations of each of the regional domestic 995 security task forces and the various working groups that 996 participate in the prioritization process for funding 997 allocations. The recommendation must reflect the consideration 998 of strategic priorities and allocations that best serve the 999 states overall domestic security needs. The recommendation 1000 shall be transmitted to the Governor and the Legislature by 1001 December 31 of each year. If additional funds become available, 1002 or reallocation of funding is required beyond current spending 1003 authorizations, the council may make recommendations to the 1004 Governor for consideration by the Legislative Budget Commission. 1005 (6)REPORTS.The council shall report annually on its 1006 activities, on or before December 31 of each calendar year, to 1007 the Governor, the President of the Senate, the Speaker of the 1008 House of Representatives, and the chairs of the committees 1009 having principal jurisdiction over domestic security in the 1010 Senate and the House of Representatives. 1011 (7)AGENCY DESIGNATION.For purposes of this section, the 1012 Domestic Security Oversight Council shall be considered a 1013 criminal justice agency within the definition of s. 119.011(4). 1014 Section 17.Paragraph (g) of subsection (2) and paragraph 1015 (a) of subsection (3) of section 943.325, Florida Statutes, are 1016 amended, and paragraph (f) is added to subsection (7) of that 1017 section, to read: 1018 943.325DNA database. 1019 (2)DEFINITIONS.As used in this section, the term: 1020 (g)Qualifying offender means any person, including 1021 juveniles and adults, who is: 1022 1.a.Committed to a county jail; 1023 b.Committed to or under the supervision of the Department 1024 of Corrections, including persons incarcerated in a private 1025 correctional institution operated under contract pursuant to s. 1026 944.105; 1027 c.Committed to or under the supervision of the Department 1028 of Juvenile Justice; 1029 d.Transferred to this state under the Interstate Compact 1030 on Juveniles, part XIII of chapter 985; or 1031 e.Accepted under Article IV of the Interstate Corrections 1032 Compact, part III of chapter 941; and who is: 1033 2.a.Convicted of any felony offense or attempted felony 1034 offense in this state or of a similar offense in another 1035 jurisdiction; 1036 b.Convicted of a misdemeanor violation of s. 784.048, s. 1037 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an 1038 offense that was found, pursuant to s. 874.04, to have been 1039 committed for the purpose of benefiting, promoting, or 1040 furthering the interests of a criminal gang as defined in s. 1041 874.03; or 1042 c.Arrested for any felony offense or attempted felony 1043 offense in this state; or 1044 d.In the custody of a law enforcement agency and is 1045 subject to an immigration detainer issued by a federal 1046 immigration agency. 1047 (3)COLLECTION OF SAMPLES. 1048 (a)Each qualifying offender shall submit a DNA sample at 1049 the time he or she is booked into a jail, correctional facility, 1050 or juvenile facility. A person who becomes a qualifying offender 1051 solely because of the issuance of an immigration detainer by a 1052 federal immigration agency must submit a DNA sample when the law 1053 enforcement agency having custody of the offender receives the 1054 detainer. 1055 (7)COLLECTION OF DNA SAMPLES FROM OFFENDERS. 1056 (f)A law enforcement agency having custody of a person who 1057 becomes a qualifying offender solely because of the issuance of 1058 an immigration detainer by a federal immigration agency shall 1059 ensure that a DNA sample is taken from the offender immediately 1060 after the agency receives the detainer and shall secure and 1061 transmit the sample to the department in a timely manner. 1062 Section 18.Except as otherwise expressly provided in this 1063 act, this act shall take effect July 1, 2023.