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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to immigration and state -issued 2
identification; providing a short title; providing 3
legislative intent; amending s. 117.107, F.S.; 4
prohibiting notary publics from using specified terms 5
to describe themselves in certain circumstances; 6
amending s. 322.08, F.S.; requiring proof of a 7
specified identification number for certain applicants 8
for a driver license; deleting a provision authorizing 9
the Department of Highway Safety and Motor Vehicles to 10
require applicants to produce certain documents fro m 11
the Department of Homeland Security for certain 12
purposes; authorizing additional specified documents 13
issued by foreign governments to satisfy proof -of-14
identity requirements; providing that a driver license 15
or temporary permit issued based on specified 16
documents is valid for a specified period; deleting a 17
provision authorizing applications to include 18
fingerprints and other unique biometric means of 19
identity; amending s. 322.12, F.S.; prohibiting the 20
department from waiving certain tests for applicants 21
who provide proof of identity using specified foreign 22
documents; amending s. 322.142, F.S.; providing a 23
short title; defining the term "agency that primarily 24
enforces immigration law"; prohibiting the department 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
from disclosing or making accessible certain 26
photographs and related information to any agency that 27
primarily enforces immigration law; providing 28
exceptions; requiring that the department notify a 29
person about whom certain information was requested; 30
requiring that the department require a person or 31
entity to certify specified information before any 32
such person or entity receives or has access to 33
certain information; requiring such person or entity 34
to keep certain records for a specified period; 35
requiring that such records be maintained in a manner 36
and form prescribed by department rule and be 37
available for inspection by the department; amending 38
ss. 322.17, 322.18, and 322.19, F.S.; prohibiting a 39
licensee from obtaining a duplicate or replacement 40
instruction permit or driver license, renewing a 41
driver license, or changing his or her name or 42
address, respectively, except in person and upon 43
submission of specified identification documents under 44
certain circumstances; conforming provisions to 45
changes made by the act; creating s. 760.45, F.S.; 46
prohibiting a person or an entity from discriminating 47
against an individual because the individual holds or 48
presents a driver license that does not comply with 49
the REAL ID Act of 2005; prohibiting an employer from 50
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requiring an employee to present a driver license; 51
providing exceptions; providing construction; 52
prohibiting the state or a local government or a 53
program or activity that receives financial assistance 54
from the state from discriminating against an 55
individual because the individual holds or presents a 56
driver license that does not comply with the REAL ID 57
Act of 2005; repealing s. 395.3027, F.S., relating to 58
patient immigration status data collection by 59
hospitals; amending s. 402.307, F.S.; specifying that 60
a child's immigration status may not be a reason for 61
denying licensure of a child-caring agency; amending 62
s. 448.095, F.S.; deleting a requirement that certain 63
private employers use the E -Verify system to verify a 64
new employee's eligibility to work; deleting a 65
requirement that an employer discontinue employing a 66
person after learning that the person is or has become 67
an unauthorized alien; revising requirements for 68
public agency contracting; amending s. 760.01, F.S.; 69
adding immigration status to the purposes of the 70
Florida Civil Rights Act; requiring the state and 71
political subdivisions to accept identification 72
documents issued by certain entities; requiring the 73
Department of Commerce to establish criteria for a 74
specified program relating to identification 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
documents; amending s. 454.021, F.S.; deleting 76
provisions relating to licenses to practice law for 77
certain unauthorized immigrants; deleting the future 78
repeal of specified provisions; providing that, unless 79
required by federal law, a person's immigration status 80
alone may not determine the person's ability to obtain 81
professional or occupational licenses in the state; 82
repealing s. 787.07, F.S., relating to human 83
smuggling; amending s. 908.11, F.S.; prohibiting law 84
enforcement agencies from entering into or renewing 85
certain agreements with the United States Immigration 86
and Customs Enforcement; revising a reporting 87
requirement; amending s. 908.102, F.S.; providing and 88
revising definitions; repealing s. 908.103, F.S., 89
relating to a prohibition on sanctuary policies; 90
amending s. 908.104, F.S.; deleting provisions 91
relating to support of federal immigration law by law 92
enforcement agencies; revising provisions concerning 93
cooperation with federal immigration authorities by 94
correctional facilities; repealing s. 908.105, F.S., 95
relating to duties of law enforcement agencies 96
concerning to immigration detainers; repealing s. 97
908.106, F.S., relating to reimbursement of costs of 98
housing certain persons subject to immigration 99
detainers; amending s. 908.107, F.S.; providing for 100
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the award of damages for certain violations; deleting 101
provisions concerning violations of provisions 102
relating to sanctuary policies; repealing s. 908.111, 103
F.S., relating to a prohibition against governmental 104
entity contracts with common carriers; creating s. 105
908.112, F.S.; specifying duties of certain officials 106
concerning certification of certain activities in 107
support of visa applications; creating s. 908.113, 108
F.S.; prohibiting certain persons from offering 109
certain services concerning assistance in immigration 110
matters; requiring certain businesses offering 111
immigration assistance to make a required disclosure; 112
providing exceptions; amending s. 943.325, F.S.; 113
revising provisions relating to collection of DNA 114
samples from persons held on immigration detainers; 115
amending s. 1002.31, F.S.; providing for preferential 116
treatment in controlled open enrollment to specified 117
children; amending s. 1003.21, F.S.; specifying that a 118
child's immigration status does not affect access to 119
public schools; amending s. 1009.26, F.S.; revising 120
requirements for certain fee waivers; amending s. 121
1009.40, F.S.; providing that a student may not be 122
denied classification as a resident for purposes of 123
receiving state financial aid awards based solely upon 124
his or her immigration status if certain requirements 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
are met; amending ss. 456.074, 480.041, 480.043, 126
775.30, 794.056, 921.0022, and 938.085, F.S.; 127
conforming provisions to changed made by the act; 128
providing effective dates. 129
130
Be It Enacted by the Legislature of the State of Florida: 131
132
Section 1. (1) This act may be cited as the "Welcoming 133
Florida Act." 134
(2) It is the intent of the Legislature that the 135
"Welcoming Florida Act" is centered on promoting the values that 136
all Floridians share of fairness, safety, and prosperity. The 137
Legislature finds that it is time to turn the page on policies 138
that have failed the Florida economy and the millions of Florida 139
families and return to values of treating everyone in our state 140
with dignity and respect as contributing members of our society 141
and economy, regardless of where they come from. This is a 142
moment to open our arms to people who want to help build a 143
brighter future together. The outcomes of recent legislation 144
have been clearly and demonstrably harmful to Floridians and our 145
economy. The state has an opportunity to embody our shared 146
values while also putting the economic prosperity of our 147
communities first. 148
Section 2. Subsection (13) is added to section 117.107, 149
Florida Statutes, to read: 150
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117.107 Prohibited acts. — 151
(13) A notary public, who does not hold an active license 152
to practice law in a state of the United States and is not 153
otherwise permitted to practice law or represent others under 154
federal law in an immigration matter, may not use the term 155
notario publico, notario, immigration assistant, immigration 156
consultant, immigration specialist, or any ot her designation or 157
title, in any language, which conveys or implies that he or she 158
possesses professional legal skills in immigration law, when 159
advertising his or her notary public services. 160
Section 3. Subsection (2) of section 322.08, Florida 161
Statutes, is amended to read: 162
322.08 Application for license; requirements for license 163
and identification card forms. — 164
(2) Each such application shall include the following 165
information regarding the applicant: 166
(a) Full name (first, middle or maiden, and last ), gender, 167
proof of social security card number satisfactory to the 168
department, which may include a military identification card, 169
county of residence, mailing address, proof of residential 170
address satisfactory to the department, country of birth, and a 171
brief description. An applicant who cannot provide a social 172
security card must provide proof of a number associated with a 173
document establishing identity, as specified in paragraph (c). 174
(b) Proof of birth date satisfactory to the department. 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) Proof of identity satisfactory to the department. Such 176
proof must include one of the following documents issued to the 177
applicant: 178
1. A driver license record or identification card record 179
from another jurisdiction that required the applicant to submit 180
a document for identification which is substantially similar to 181
a document required under subparagraph 2., subparagraph 3., 182
subparagraph 4., subparagraph 5., subparagraph 6., subparagraph 183
7., or subparagraph 8. ; 184
2. A certified copy of a United States birth certifica te.; 185
3. A valid, unexpired United States passport .; 186
4. A naturalization certificate issued by the United 187
States Department of Homeland Security .; 188
5. A valid, unexpired alien registration receipt card 189
(green card).; 190
6. A Consular Report of Birth Abroad provided by the 191
United States Department of State .; 192
7. An unexpired employment authorization card issued by 193
the United States Department of Homeland Security .; or 194
8. Any of the following documents Proof of nonimmigrant 195
classification provided by the United States Department of 196
Homeland Security, for an original driver license . In order to 197
prove nonimmigrant classification, an applicant must provide at 198
least one of the following documents. In addition, the 199
department may require applicants to pro duce United States 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Department of Homeland Security documents for the sole purpose 201
of establishing the maintenance of, or efforts to maintain, 202
continuous lawful presence : 203
a. A notice of hearing from an immigration court 204
scheduling a hearing on any proceed ing. 205
b. A notice from the Board of Immigration Appeals 206
acknowledging pendency of an appeal. 207
c. A notice of the approval of an application for 208
adjustment of status issued by the United States Citizenship and 209
Immigration Services. 210
d. An official docume ntation confirming the filing of a 211
petition for asylum or refugee status or any other relief issued 212
by the United States Citizenship and Immigration Services. 213
e. A notice of action transferring any pending matter from 214
another jurisdiction to this state i ssued by the United States 215
Citizenship and Immigration Services. 216
f. An order of an immigration judge or immigration officer 217
granting relief which that authorizes the alien to live and work 218
in the United States, including, but not limited to, asylum. 219
g. Evidence that an application is pending for adjustment 220
of status to that of an alien lawfully admitted for permanent 221
residence in the United States or conditional permanent resident 222
status in the United States, if a visa number is available 223
having a current priority date for processing by the United 224
States Citizenship and Immigration Services. 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
h. On or after January 1, 2010, An unexpired foreign 226
passport with an unexpired United States Visa affixed, 227
accompanied by an approved I -94, documenting the most r ecent 228
admittance into the United States. 229
9. A passport issued by a foreign government. 230
10. A birth certificate issued by a foreign government. 231
11. A consular identification document. 232
12. A national identification card issued by a foreign 233
government. 234
13. A driver license issued by a foreign government. If 235
the foreign driver license is in a language other than English, 236
it must be accompanied by a certified translation or an 237
affidavit of translation into English. 238
14. A school document, including an y document issued by a 239
public or private primary or secondary school or a postsecondary 240
institution, college, or university, which includes the 241
applicant's date of birth or, if a foreign school document, is 242
sealed by the school and includes a photograph of the applicant 243
at the age the document was issued. 244
15. A court document issued by or filed with a government 245
within the United States in which the applicant is named as a 246
party to the court proceeding. 247
16. An income tax return. 248
17. A marriage license on which the applicant is named as 249
a party. If the language on the marriage license is a language 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other than English, the marriage license must be accompanied by 251
a certified translation or an affidavit of translation into 252
English. 253
18. A judgment for the dissolution of a marriage on which 254
the applicant is named as a party. If the language on the 255
judgment is a language other than English, the judgment must be 256
accompanied by a certified translation or an affidavit of 257
translation into English. 258
259
A driver license or temporary permit issued based on documents 260
required in subparagraph 7. , or subparagraph 8., subparagraph 261
9., subparagraph 10., subparagraph 11., subparagraph 12., or 262
subparagraph 13. is valid for a period not to exceed the 263
expiration date of the doc ument presented or 8 years, whichever 264
date first occurs. A driver license or temporary permit issued 265
based on documents required in subparagraph 14., subparagraph 266
15., subparagraph 16., subparagraph 17., or subparagraph 18. is 267
valid for 8 years 1 year. 268
(d) Whether the applicant has previously been licensed to 269
drive, and, if so, when and by what state, and whether any such 270
license or driving privilege has ever been disqualified, 271
revoked, or suspended, or whether an application has ever been 272
refused, and, if so, the date of and reason for such 273
disqualification, suspension, revocation, or refusal. 274
(e) Each such application may include fingerprints and 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other unique biometric means of identity. 276
Section 4. Subsection (1) of section 322.12, Florida 277
Statutes, is amended to read: 278
322.12 Examination of applicants. — 279
(1) It is the intent of the Legislature that every 280
applicant for an original driver license in this state be 281
required to pass an examination pursuant to this section. 282
However, the department may waive the knowledge, endorsement, 283
and skills tests for an applicant who is otherwise qualified , 284
except for an applicant who provides proof of identity under s. 285
322.08(2)(c)9.-18., and who surrenders a valid driver license 286
from another state or a province o f Canada, or a valid driver 287
license issued by the United States Armed Forces, if the driver 288
applies for a Florida license of an equal or lesser 289
classification. An applicant who fails to pass the initial 290
knowledge test incurs a $10 fee for each subsequent t est, to be 291
deposited into the Highway Safety Operating Trust Fund, except 292
that if a subsequent test is administered by the tax collector, 293
the tax collector shall retain such $10 fee, less the general 294
revenue service charge set forth in s. 215.20(1). An app licant 295
who fails to pass the initial skills test incurs a $20 fee for 296
each subsequent test, to be deposited into the Highway Safety 297
Operating Trust Fund, except that if a subsequent test is 298
administered by the tax collector, the tax collector shall 299
retain such $20 fee, less the general revenue service charge set 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
forth in s. 215.20(1). A person who seeks to retain a hazardous -301
materials endorsement, pursuant to s. 322.57(1)(e), must pass 302
the hazardous-materials test, upon surrendering his or her 303
commercial driver license, if the person has not taken and 304
passed the hazardous -materials test within 2 years before 305
applying for a commercial driver license in this state. 306
Section 5. Section 322.142, Florida Statutes, is amended 307
to read: 308
322.142 Color photographic or digital imaged licenses ; 309
protection of personal information .— 310
(1) The department shall, upon receipt of the required 311
fee, issue to each qualified applicant for a driver license a 312
color photographic or digital imaged driver license bearing a 313
fullface photograph or digital image of the licensee. 314
Notwithstanding chapter 761 or s. 761.05, the requirement for a 315
fullface photograph or digital image of the licensee may not be 316
waived. A space shall be provided upon which the licensee shall 317
affix his or her usual signature, as required in s. 322.14, in 318
the presence of an authorized agent of the department so as to 319
ensure that such signature becomes a part of the license. 320
(2) The department shall, upon receipt of the required 321
fee, issue to each qua lified licensee applying for a renewal 322
license in accordance with s. 322.18 a color photographic or 323
digital imaged license as provided for in subsection (1). 324
(3) The department may conduct negotiations and enter into 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
contracts with qualified firms posses sing the requisite 326
qualifications for the development and production of 327
photographic or digital imaged identification documents to 328
assure efficient and economical processing of such licenses in 329
sufficient quantity and of acceptable quality to meet the 330
requirements and intent of this section, and to ensure adequate 331
service at a sufficient number of locations, at the lowest 332
competitive sealed bid price. 333
(4) The department may maintain a film negative or print 334
file. The department shall maintain a record of the digital 335
images and signatures image and signature of the licensees, 336
together with other data required by the department for 337
identification and retrieval. Reproductions from the file or 338
digital record are exempt from the provisions of s. 119.07(1) 339
and may be made and issued only for any of the following 340
purposes: 341
(a) For departmental administrative purposes .; 342
(b) For the issuance of duplicate licenses .; 343
(c) In response to law enforcement agency requests , except 344
as provided in subsection (5). ; 345
(d) To the Department of Business and Professional 346
Regulation and the Department of Health pursuant to an 347
interagency agreement for the purpose of accessing digital 348
images for reproduction of licenses issued by the Department of 349
Business and Professional Regu lation or the Department of 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Health.; 351
(e) To the Department of State or a supervisor of 352
elections pursuant to an interagency agreement to facilitate 353
determinations of eligibility of voter registration applicants 354
and registered voters in accordance with ss . 98.045 and 98.075.; 355
(f) To the Department of Revenue pursuant to an 356
interagency agreement for use in establishing paternity and 357
establishing, modifying, or enforcing support obligations in 358
Title IV-D cases.; 359
(g) To the Department of Children and Fami lies pursuant to 360
an interagency agreement to conduct protective investigations 361
under part III of chapter 39 and chapter 415 .; 362
(h) To the Department of Children and Families pursuant to 363
an interagency agreement specifying the number of employees in 364
each of that department's regions to be granted access to the 365
records for use as verification of identity to expedite the 366
determination of eligibility for public assistance and for use 367
in public assistance fraud investigations .; 368
(i) To the Agency for Health Ca re Administration pursuant 369
to an interagency agreement for the purpose of authorized 370
agencies verifying photographs in the Care Provider Background 371
Screening Clearinghouse authorized under s. 435.12 .; 372
(j) To the Department of Financial Services pursuant to an 373
interagency agreement to facilitate the location of owners of 374
unclaimed property, the validation of unclaimed property claims, 375
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the identification of fraudulent or false claims, and the 376
investigation of allegations of violations of the insurance code 377
by licensees and unlicensed persons .; 378
(k) To the Department of Economic Opportunity pursuant to 379
an interagency agreement to facilitate the validation of 380
reemployment assistance claims and the identification of 381
fraudulent or false reemployment assistance claims.; 382
(l) To district medical examiners pursuant to an 383
interagency agreement for the purpose of identifying a deceased 384
individual, determining cause of death, and notifying next of 385
kin of any investigations, including autopsies and other 386
laboratory examinations, authorized in s. 406.11 .; 387
(m) To the following persons for the purpose of 388
identifying a person as part of the official work of a court: 389
1. A justice or judge of this state; 390
2. An employee of the state courts system who works in a 391
position that is designated in writing for access by the Chief 392
Justice of the Supreme Court or a chief judge of a district or 393
circuit court, or by his or her designee; or 394
3. A government employee who performs functions on behalf 395
of the state courts system in a position that is designated in 396
writing for access by the Chief Justice or a chief judge, or by 397
his or her designee.; or 398
(n) To the Agency for Health Care Administration pursuant 399
to an interagency agreement to prevent health care fraud. If the 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Agency for Health Care Administration enters into an agreement 401
with a private entity to carry out duties relating to health 402
care fraud prevention, such contracts shall include, but need 403
not be limited to: 404
1. Provisions requiring internal controls and audit 405
processes to identify access, use, and unauthorized access of 406
information. 407
2. A requirement to report unauthorized access or use to 408
the Agency for Health Care Administration within 1 business day 409
after the discovery of the unauthorized access or use. 410
3. Provisions for liquidated damages for unauthorized 411
access or use of no less than $5,000 per occurrence. 412
(5)(a) This subsection may be cited as the "Driver License 413
Privacy Act." 414
(b) For purposes of this subsection, the term "agency that 415
primarily enforces immigration law" includes, but is not limited 416
to, United States Immigration and Customs Enforcement, United 417
States Bureau of Customs and Border Protection, or any successor 418
agencies that have similar duties. 419
(c) Except as required for the department to i ssue or 420
renew a driver license or learner's driver license that meets 421
federal standards for identification, the department may not 422
disclose or make accessible, in any manner, photographs and 423
related information pertaining to persons whose images or 424
personal identifying information is possessed by the department 425
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to any agency that primarily enforces immigration law or to any 426
employee or agent of such agency, unless the department is 427
presented with a lawful court order or judicial warrant signed 428
by a judge appointed pursuant to Article III of the United 429
States Constitution. Within 3 days after receiving a request for 430
information under this subsection from such an agency, the 431
department must notify the person about whom such information 432
was requested of the req uest and the identity of the agency that 433
made such request. 434
(d) Before any person or entity receives or has access to 435
information from the department under this subsection, the 436
department must require such person or entity to certify to the 437
department that the person or entity will not: 438
1. Use such information for civil immigration purposes; or 439
2. Disclose such information to any agency that primarily 440
enforces immigration law or to any employee or agent of any such 441
agency unless such disclosure is pur suant to a cooperative 442
arrangement between municipal, state, and federal agencies, if 443
the arrangement does not enforce immigration law and if the 444
disclosure is limited to the specific information being sought 445
pursuant to the arrangement. 446
(e) In addition to any records required to be kept 447
pursuant to 18 U.S.C. s. 2721(c), any person or entity that 448
receives or has access to information from the department under 449
this subsection must keep for a period of at least 5 years 450
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records: 451
1. Of all the uses of such department information. 452
2. That identify each person or entity that primarily 453
enforces immigration law which receives such department 454
information from the person or entity. 455
(f) The records identified in subparagraphs (e)1. and 2. 456
must be maintained in a manner and form prescribed by department 457
rule and must be available for inspection by the department. 458
Section 6. Subsection (3) of section 322.17, Florida 459
Statutes, is amended to read: 460
322.17 Replacement licenses and permits. — 461
(3) Notwithstanding any other provision provisions of this 462
chapter, if a licensee establishes his or her identity for a 463
driver license using an identification document authorized under 464
s. 322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8. , the licensee may 465
not obtain a duplicate or replacement instruction permit or 466
driver license except in person and upon submission of an 467
identification document authorized under s. 322.08(2)(c)7.-18. 468
s. 322.08(2)(c)7. or 8. 469
Section 7. Paragraph (d) of subsection (2) and paragraph 470
(c) of subsection (4) of section 322.18, Florida Statutes, are 471
amended to read: 472
322.18 Original applications, licenses, and renewals; 473
expiration of licenses; delinquent licenses. — 474
(2) Each applicant who is entitled to the issuance of a 475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
driver license, as provided in t his section, shall be issued a 476
driver license, as follows: 477
(d)1. Notwithstanding any other provision of this chapter, 478
if an applicant establishes his or her identity for a driver 479
license using a document authorized in s. 322.08(2)(c)7.-13. s. 480
322.08(2)(c)7. or 8., the driver license expires 8 years shall 481
expire 1 year after the date of issuance or upon the expiration 482
date cited on the United States Department of Homeland Security 483
documents, whichever date first occurs. 484
2. Notwithstanding any other provision of this chapter, if 485
an applicant establishes his or her identity for a driver 486
license using a document authorized in s. 322.08(2)(c)14. -18., 487
the driver license expires 8 years after the date of issuance. 488
(4) 489
(c)1. Notwithstanding any other pro vision of this chapter, 490
if a licensee establishes his or her identity for a driver 491
license using an identification document authorized under s. 492
322.08(2)(c)7.-13. s. 322.08(2)(c)7. or 8. , the licensee may not 493
renew the driver license except in person and u pon submission of 494
an identification document authorized under s. 322.08(2)(c)7.-495
13. s. 322.08(2)(c)7. or 8. A driver license renewed under this 496
subparagraph paragraph expires 8 years 1 year after the date of 497
issuance or upon the expiration date cited on th e United States 498
Department of Homeland Security documents, whichever date first 499
occurs. 500
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2. Notwithstanding any other provision of this chapter, if 501
a licensee establishes his or her identity for a driver license 502
using an identification document authorized under s. 503
322.08(2)(c)14.-18., the licensee may not renew the driver 504
license except in person and upon submission of an 505
identification document authorized under s. 322.08(2)(c)14. -18. 506
A driver license renewed under this subparagraph expires 8 years 507
after the date of issuance. 508
Section 8. Subsection (4) of section 322.19, Florida 509
Statutes, is amended to read: 510
322.19 Change of address or name. — 511
(4) Notwithstanding any other provision of this chapter, 512
if a licensee established his or her identity for a driver 513
license using an identification document authorized under s. 514
322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8. , the licensee may not 515
change his or her name or address except in person and upon 516
submission of an identification document authorized under s. 517
322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8. 518
Section 9. Section 760.45, Florida Statutes, is created to 519
read: 520
760.45 Discrimination on the basis of certain driver 521
licenses prohibited. — 522
(1) A person or an entity, including a business 523
establishment or an employer, may not discriminate against an 524
individual because the individual holds or presents a driver 525
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license that does not comply with the REAL ID Act of 2005, Pub. 526
L. No. 109-13. 527
(2) An employer may not require an employee to present a 528
driver license unless possessing a driver license is required by 529
law or is lawfully required by the employer. This subsection may 530
not be construed to limit or expand an employer's authority to 531
require a person to possess a driver license. 532
(3) This section may not be c onstrued to do either of the 533
following: 534
(a) Alter an employer's rights or obligations under the 535
Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding 536
obtaining documentation that evidences identity and 537
authorization for employment; or 538
(b) Prohibit any other action taken by an employer which 539
is required under the Immigration and Nationality Act, 8 U.S.C. 540
s. 1324(a). 541
(4) The state or a local government, an agent or a person 542
acting on behalf of the state or a local government, or a 543
program or an activity that is funded directly by or receives 544
financial assistance from the state may not discriminate against 545
an individual because the individual holds or presents a driver 546
license that does not comply with the REAL ID Act of 2005, Pub. 547
L. No. 109-13. This prohibition includes, but is not limited to, 548
notifying a law enforcement agency of the individual's identity 549
or that the individual holds a driver license that does not 550
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comply with the REAL ID Act of 2005, Pub. L. No. 109 -13, if a 551
notification is not required by law or would not have been 552
provided if the individual's driver license had been compliant 553
with such act. 554
Section 10. Section 395.3027, Florida Statutes, is 555
repealed. 556
Section 11. Subsection (6) is added to section 402.307, 557
Florida Statutes, to read: 558
402.307 Approval of licensing agency. — 559
(6) The immigration status of a child, whether 560
unaccompanied or otherwise, including unaccompanied alien 561
children, may not be a reason a prospective or established 562
licensed child-caring agency is denied a license or license 563
renewal. 564
Section 12. Subsection (2), paragraph (a) of subsection 565
(4), subsection (5), and paragraph (a) of subsection (6) of 566
section 448.095, Florida Statutes, are amended to read: 567
448.095 Employment eligibility. — 568
(2) EMPLOYMENT VERIFICATION. — 569
(a) An employer shall verify each new employee's 570
employment eligibility within 3 business days after the first 571
day that the new employee begins working for pay as required 572
under 8 C.F.R. s. 274a. 573
(b)1. A public agency shall us e the E-Verify system to 574
verify a new employee's employment eligibility as required under 575
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paragraph (a). 576
2. Beginning on July 1, 2023, a private employer with 25 577
or more employees shall use the E -Verify system to verify a new 578
employee's employment eligib ility as required under paragraph 579
(a). 580
2.3. Each employer required to use the E -Verify system 581
under this paragraph must certify on its first return each 582
calendar year to the tax service provider that it is in 583
compliance with this section when making cont ributions to or 584
reimbursing the state's unemployment compensation or 585
reemployment assistance system. An employer that voluntarily 586
uses the E-Verify system may also make such a certification on 587
its first return each calendar year in order to document such 588
use. 589
(c) If the E-Verify system is unavailable for 3 business 590
days after the first day that the new employee begins working 591
for pay and an employer cannot access the system to verify a new 592
employee's employment eligibility, the employer must use the 593
Employment Eligibility Verification form (Form I -9) to verify 594
employment eligibility. The unavailability of the E -Verify 595
system does not bar the employer from using the rebuttable 596
presumption established in paragraph (4)(a). An employer must 597
document the unavailability of the E-Verify system by retaining 598
a screenshot from each day which shows the employer's lack of 599
access to the system, a public announcement that the E -Verify 600
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system is not available, or any other communication or notice 601
recorded by the employer regarding the unavailability of the 602
system. 603
(d) The employer must retain a copy of the documentation 604
provided and any official verification generated, if applicable, 605
for at least 3 years. 606
(e) An employer may not continue to employ an unauthorized 607
alien after obtaining knowledge that a person is or has become 608
an unauthorized alien. 609
(e)(f) An employee leasing company licensed under part XI 610
of chapter 468 which enters into a written agreement or 611
understanding with a client company which places the primar y 612
obligation for compliance with this section upon the client 613
company is not required to verify employment eligibility of any 614
new employees of the client company. In the absence of a written 615
agreement or understanding, the employee leasing company is 616
responsible for compliance with this section. Such employee 617
leasing company shall, at all times, remain an employer as 618
otherwise defined in federal laws or regulations. 619
(4) DEFENSES.— 620
(a) An employer that uses the E -Verify system or, if that 621
system is unavailable, the Employment Eligibility Verification 622
form (Form I-9) as provided in paragraph (2)(c), with respect to 623
the employment of an unauthorized alien has established a 624
rebuttable presumption that the employer has not violated s. 625
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448.09 with respect to s uch employment. 626
(5) PUBLIC AGENCY CONTRACTING. — 627
(a) A public agency must require in any contract that the 628
contractor, and any subcontractor thereof, register with and use 629
the E-Verify system or the Employment Eligibility Verification 630
form (Form I-9) to verify the work authorization status of all 631
new employees of the contractor or subcontractor. A public 632
agency or a contractor or subcontractor thereof may not enter 633
into a contract unless each party to the contract registers with 634
and uses the E-Verify system. 635
(b) If a contractor enters into a contract with a 636
subcontractor, the subcontractor must provide the contractor 637
with an affidavit stating that the subcontractor does not 638
employ, contract with, or subcontract with an unauthorized 639
alien. The contractor shall maintain a copy of such affidavit 640
for the duration of the contract. 641
(c)1. A public agency, contractor, or subcontractor who 642
has a good faith belief that a person or an entity with which it 643
is contracting has knowingly violated s. 448.09(1) shall 644
terminate the contract with the person or entity. 645
2. A public agency that has a good faith belief that a 646
subcontractor knowingly violated this subsection, but the 647
contractor otherwise complied with this subsection, shall 648
promptly notify the contractor and order the contractor to 649
immediately terminate the contract with the subcontractor. 650
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3. A contract terminated under this paragraph is not a 651
breach of contract and may not be considered as such. If a 652
public agency terminates a contract with a contractor un der this 653
paragraph, the contractor may not be awarded a public contract 654
for at least 1 year after the date on which the contract was 655
terminated. A contractor is liable for any additional costs 656
incurred by a public agency as a result of the termination of a 657
contract. 658
(d) A public agency, contractor, or subcontractor may file 659
a cause of action with a circuit or county court to challenge a 660
termination under paragraph (c) no later than 20 calendar days 661
after the date on which the contract was terminated. 662
(6) COMPLIANCE.— 663
(a) In addition to the requirements under s. 288.061(6), 664
beginning on July 1, 2024, if the Department of Economic 665
Opportunity determines that an employer failed to use the E -666
Verify system or the Employment Eligibility Verification form 667
(Form I-9) to verify the employment eligibility of employees as 668
required under this section, the department must notify the 669
employer of the department's determination of noncompliance and 670
provide the employer with 30 days to cure the noncompliance. 671
Section 13. Subsection (2) of section 760.01, Florida 672
Statutes, is amended to read: 673
760.01 Purposes; construction; title. — 674
(2) The general purposes of the Florida Civil Rights Act 675
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of 1992 are to secure for all individuals within the state 676
freedom from discrimination because of race, color, religion, 677
sex, pregnancy, national origin, age, handicap, immigration 678
status, or marital status and thereby to protect their interest 679
in personal dignity, to make available to the state their full 680
productive capacities, to secure the state against domestic 681
strife and unrest, to preserve the public safety, health, and 682
general welfare, and to promote the interests, rights, and 683
privileges of individua ls within the state. 684
Section 14. (1) In order to encourage the safety of law 685
enforcement, first responders, medical and hospital staff, 686
children, school officials, and all residents of the state, the 687
State of Florida will recognize and accept identif ication 688
documents, including identification cards issued by 689
municipalities, counties, other political subdivisions, and 690
nongovernmental organizations that have been approved by 691
municipalities, counties, and other political subdivisions. 692
(2) The Department of Commerce shall establish criteria 693
for participation in this program and will create a recurring 694
grant for Fiscal Year 2024 -2025 of $5 million from the General 695
Revenue Fund to assist political subdivisions in the creation of 696
their respective programs. 697
Section 15. Effective upon this act becoming law, 698
subsection (3) of section 454.021, Florida Statutes, is amended 699
to read: 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
454.021 Attorneys; admission to practice law; Supreme 701
Court to govern and regulate. — 702
(3) Upon certification by the Florida Bo ard of Bar 703
Examiners that an applicant or petitioner who has fulfilled all 704
requirements for admission to practice law in the state who is 705
an unauthorized immigrant who was brought to the United States 706
as a minor; has been present in the United States for m ore than 707
10 years; has received documented employment authorization from 708
the United States Citizenship and Immigration Services (USCIS); 709
has been issued a social security number; if a male, has 710
registered with the Selective Service System if required to do 711
so under the Military Selective Service Act, 50 U.S.C. App. 453; 712
and has fulfilled all requirements for admission to practice law 713
in this state, the Supreme Court of Florida may admit that 714
applicant or petitioner regardless of his or her immigration 715
status, as an attorney at law authorized to practice in this 716
state and may direct an order be entered upon the court's 717
records to that effect. 718
Section 16. Section 8 of chapter 2023 -40, Laws of Florida, 719
is repealed. 720
Section 17. Notwithstanding any other law, and unless 721
required by federal law, a person's immigration status alone 722
shall not determine the person's ability to obtain a 723
professional or occupational license in the state. 724
Section 18. Section 787.07, Florida Statutes, is repealed. 725
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Section 19. Section 908.11, Florida Statutes, is amended 726
to read: 727
908.11 Immigration enforcement assistance agreements; 728
reporting requirement. — 729
(1) By July January 1, 2024 2023, a each law enforcement 730
agency operating a county detention facility may not must enter 731
into or renew a written agreement with the United States 732
Immigration and Customs Enforcement to participate in the 733
immigration program established under s. 287(g) of the 734
Immigration and Nationality Act, 8 U.S.C. s. 1357. This 735
subsection does not requi re a law enforcement agency to 736
participate in a particular program model. 737
(2) Beginning no later than May 1, 2025, any October 1, 738
2022, and until the law enforcement agency that has such an 739
agreement enters into the written agreement required under 740
subsection (1), each law enforcement agency operating a county 741
detention facility must notify the Department of Law Enforcement 742
as to the status of any active or pending agreement quarterly of 743
the status of such written agreement and any reason for 744
noncompliance with this section, if applicable . 745
Section 20. Section 908.102, Florida Statutes, is amended 746
to read: 747
908.102 Definitions. —As used in this chapter, the term: 748
(1) "Certification form" means the certification of a Form 749
I-918, Supplement B, U Nonimmi grant Status Certification as 750
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required by 8 U.S.C. s. 1184(p). 751
(2) "Certifying agency" means a state or local law 752
enforcement agency, a prosecutor, a judge, or any other 753
governmental agency that has criminal, civil, administrative 754
investigative, or pros ecutorial authority. 755
(3) "Certifying official" means any of the following: 756
(a) The head of the certifying agency. 757
(b) A person in a supervisory role who has been 758
specifically designated by the head of the certifying agency to 759
issue Form I-918 Supplement B certifications on behalf of that 760
agency. 761
(c) A judge. 762
(d) Any other certifying official described in 8 C.F.R. s. 763
214.14(a)(3). 764
(4)(1) "Federal immigration agency" means the United 765
States Department of Justice and the United States Department of 766
Homeland Security, a division within such an agency, including 767
United States Immigration and Customs Enforcement and United 768
States Customs and Border Protection, any successor agency, and 769
any other federal agency charged with the enforcement of 770
immigration law. 771
(5)(2) "Immigration detainer" means a written or 772
electronic request issued by a federal immigration agency using 773
the federal agency's official form, such as a Form I -200 Warrant 774
for Arrest of Alien or a Form I -205 Warrant of 775
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Removal/Deportation, w hich is accompanied by a warrant signed by 776
a judge to request that a state, local, federal, or military law 777
enforcement agency detain a person for an additional 48 hours 778
after the person would otherwise be released pursuant to charges 779
being disposed of thr ough a finding of guilty or not guilty; 780
when charges have been dropped; when bail has been secured; or 781
when a convicted person has served his or her sentence a 782
facially sufficient written or electronic request issued by a 783
federal immigration agency using t hat agency's official form to 784
request that another law enforcement agency detain a person 785
based on probable cause to believe that the person to be 786
detained is a removable alien under federal immigration law, 787
including detainers issued pursuant to 8 U.S.C. ss. 1226 and 788
1357 along with a warrant described in paragraph (c). For 789
purposes of this subsection, an immigration detainer is deemed 790
facially sufficient if: 791
(a) The federal immigration agency's official form is 792
complete and indicates on its face that the federal immigration 793
official has probable cause to believe that the person to be 794
detained is a removable alien under federal immigration law; or 795
(b) The federal immigration agency's official form is 796
incomplete and fails to indicate on its face that t he federal 797
immigration official has probable cause to believe that the 798
person to be detained is a removable alien under federal 799
immigration law, but is supported by an affidavit, order, or 800
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other official documentation that indicates that the federal 801
immigration agency has probable cause to believe that the person 802
to be detained is a removable alien under federal immigration 803
law; and 804
(c) The federal immigration agency supplies with its 805
detention request a Form I -200 Warrant for Arrest of Alien or a 806
Form I-205 Warrant of Removal/Deportation or a successor warrant 807
or other warrant authorized by federal law . 808
(6)(3) "Inmate" means a person in the custody of a law 809
enforcement agency. 810
(7)(4) "Law enforcement agency" means an agency in this 811
state charged with enforcement of state, county, municipal, or 812
federal laws or with managing custody of detained persons in 813
this state and includes municipal police departments, sheriffs' 814
offices, state police departments, state university and college 815
police departments, county correctional agencies, and the 816
Department of Corrections. 817
(8)(5) "Local governmental entity" means any county, 818
municipality, or other political subdivision of this state. 819
(9) "Petitioner" means a person who requests a 820
certification, including indirect and bystander victims. 821
(10) "Qualifying criminal activity" means an offense for 822
which the elements are substantially similar to an offense 823
described in 8 U.S.C. s. 1101(a)(15)(U)(i ii) or the attempt, 824
solicitation, or conspiracy to commit such an offense. 825
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Qualifying criminal activity pursuant to s. 1011(a)(15)(U)(iii) 826
of the Immigration and Nationality Act which includes, but is 827
not limited to, the following crimes: 828
(a) Rape. 829
(b) Torture. 830
(c) Human trafficking. 831
(d) Incest. 832
(e) Domestic violence. 833
(f) Sexual assault. 834
(g) Abusive sexual contact. 835
(h) Prostitution. 836
(i) Sexual Exploitation. 837
(j) Female genital mutilation. 838
(k) Being held hostage. 839
(l) Peonage. 840
(m) Perjury. 841
(n) Involuntary servitude. 842
(o) Slavery. 843
(p) Kidnapping. 844
(q) Abduction. 845
(r) Unlawful criminal restraint. 846
(s) False imprisonment. 847
(t) Blackmail. 848
(u) Extortion. 849
(v) Manslaughter. 850
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(w) Murder. 851
(x) Felonious assault. 852
(y) Witness tampering. 853
(z) Obstruction of justice. 854
(aa) Fraud in foreign labor contracting. 855
(bb) Stalking. 856
(6) "Sanctuary policy" means a law, policy, practice, 857
procedure, or custom adopted or allowed by a state entity or 858
local governmental entity which prohibits or impedes a law 859
enforcement agency from complying with 8 U.S.C. s. 1373 or which 860
prohibits or impedes a law enforcement agency from communicating 861
or cooperating with a federal immigration agency so as to limit 862
such law enforcement agency in, or prohibit the agency from: 863
(a) Complying with an immigration detainer; 864
(b) Complying with a request from a federal immigration 865
agency to notify the agency before the release of an inmate or 866
detainee in the custody of the law enforcement agency; 867
(c) Providing a federal immigration agency access to an 868
inmate for interview; 869
(d) Participating in any program or agreement authorized 870
under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 871
1357 as required by s. 908.11; 872
(e) Providing a federal immigration agency with an 873
inmate's incarceration status or release date; or 874
(f) Providing information to a state entity on the 875
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immigration status of an inmate or detainee in the custody of 876
the law enforcement agency. 877
(11)(7) "State entity" means the state or any office, 878
board, bureau, commission, department, branch, division, or 879
institution thereof, including institutions within the State 880
University System and the Florida College System. 881
Section 21. Section 908.103, Flor ida Statutes, is 882
repealed. 883
Section 22. Subsections (3) through (8) of section 884
908.104, Florida Statutes, are renumbered as subsections (1) 885
through (6), respectively, and present subsections (1) and (2), 886
paragraph (a) of present subsection (3), and pres ent subsections 887
(4) and (6) of that section are amended, to read: 888
908.104 Cooperation with federal immigration authorities. — 889
(1) A law enforcement agency shall use best efforts to 890
support the enforcement of federal immigration law. This 891
subsection applies to an official, representative, agent, or 892
employee of the entity or agency only when he or she is acting 893
within the scope of his or her official duties or within the 894
scope of his or her employment. 895
(2) Except as otherwise expressly prohibited by fede ral 896
law, a state entity, local governmental entity, or law 897
enforcement agency, or an employee, an agent, or a 898
representative of the entity or agency, may not prohibit or in 899
any way restrict a law enforcement agency from taking any of the 900
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following actions with respect to information regarding a 901
person's immigration status: 902
(a) Sending the information to or requesting, receiving, 903
or reviewing the information from a federal immigration agency 904
for purposes of this chapter. 905
(b) Recording and maintaining the information for purposes 906
of this chapter. 907
(c) Exchanging the information with a federal immigration 908
agency or another state entity, local governmental entity, or 909
law enforcement agency for purposes of this chapter. 910
(d) Using the information to comply with an immigration 911
detainer. 912
(e) Using the information to confirm the identity of a 913
person who is detained by a law enforcement agency. 914
(f) Sending the applicable information obtained pursuant 915
to enforcement of s. 448.095 to a federal immigration agen cy. 916
(1)(3)(a) For purposes of this subsection, the term 917
"applicable criminal case" means a criminal case in which: 918
1. The judgment requires the defendant to be confined in a 919
secure correctional facility; and 920
2. The judge: 921
a. Indicates in the record under s. 908.105 that the 922
defendant is subject to an immigration detainer; or 923
b. Otherwise indicates in the record that the defendant is 924
subject to a transfer into federal custody. 925
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(2)(4) To ensure compliance with Title VI of the 1964 926
Civil Rights Act, when a county correctional facility or the 927
Department of Corrections receives verification from a federal 928
immigration agency that a person in its custody is subject to an 929
immigration detainer is in the law enforcement agency's custody , 930
the agency must provide for a screening by a public defender in 931
the person's preferred language to determine if he or she is or 932
has been a necessary witness or victim of a crime of domestic 933
violence, rape, sexual exploitation, sexual assault, murder, 934
manslaughter, assault, battery, human trafficking, kidnapping, 935
false imprisonment, involuntary servitude, fraud in foreign 936
labor contracting, blackmail, extortion, or witness tampering. 937
If the public defender determines the person is a necessary 938
witness or victim in an aforement ioned act, the county 939
correctional facility or the Department of Corrections may 940
decline to comply with the federal immigration detainer. 941
Otherwise, the county correctional facility or Department of 942
Corrections may securely transport the person to a federa l 943
facility in this state or to another point of transfer to 944
federal custody outside the jurisdiction of the law enforcement 945
agency. The law enforcement agency may transfer a person who is 946
subject to an immigration detainer and is confined in a secure 947
correctional facility to the custody of a federal immigration 948
agency not earlier than 12 days before his or her release date. 949
A law enforcement agency shall obtain judicial authorization 950
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before securely transporting an alien to a point of transfer 951
outside of this state. 952
(4)(6) A state entity, local governmental entity, or law 953
enforcement agency that, pursuant to subsection (3) (5), 954
withholds information regarding the immigration information of a 955
victim of or witness to a criminal offense shall document the 956
victim's or witness's cooperation in the entity's or agency's 957
investigative records related to the offense and shall retain 958
the records for at least 10 years for the purpose of audit, 959
verification, or inspection by the Auditor General. 960
Section 23. Section 908.105, Florida Statutes, is 961
repealed. 962
Section 24. Section 908.106, Florida Statutes, is 963
repealed. 964
Section 25. Subsections (3) and (4) of section 908.107, 965
Florida Statutes, are amended to read: 966
908.107 Enforcement. — 967
(3) A person or an entity may bring, in an appropriate 968
state court, an action against any state or local law 969
enforcement agency based on a violation of this chapter to 970
recover for actual monetary loss from such a violation, or to 971
receive $100,000 in liquidated damages for each such violation, 972
whichever is greater, or both. 973
(3) If a local governmental entity or local law 974
enforcement agency violates this chapter, the court must enjoin 975
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the unlawful sanctuary policy. The court has continuing 976
jurisdiction over the parties and subject m atter and may enforce 977
its orders with the initiation of contempt proceedings as 978
provided by law. 979
(4) An order approving a consent decree or granting an 980
injunction must include written findings of fact that describe 981
with specificity the existence and natu re of the sanctuary 982
policy that violates this chapter. 983
Section 26. Section 908.111, Florida Statutes, is 984
repealed. 985
Section 27. Section 908.112, Florida Statutes, is created 986
to read: 987
908.112 U-visa certification policy. — 988
(1) Upon the request of a petitioner or a victim's family 989
member, a certifying official from a certifying agency shall 990
certify victim helpfulness on the Form I -918 Supplement B 991
certification when the victim was a victim of a qualifying 992
criminal activity and has been helpful, is b eing helpful, or is 993
likely to be helpful to the detection or investigation or 994
prosecution of that qualifying criminal activity. 995
(2) For purposes of determining helpfulness pursuant to 996
paragraph (1), there is a rebuttable presumption that a victim 997
is helpful, has been helpful, or is likely to be helpful to the 998
detection or investigation or prosecution of that qualifying 999
criminal activity, if the victim has not refused or failed to 1000
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provide information and assistance reasonably requested by law 1001
enforcement. 1002
(3) The certifying official shall fully complete and sign 1003
the Form I-918 Supplement B certification and, regarding victim 1004
helpfulness, include specific details about the nature of the 1005
crime investigated or prosecuted and a detailed description of 1006
the victim's helpfulness or likely helpfulness to the detection 1007
or investigation or prosecution of the criminal activity. 1008
(a) The certifying agency shall not consider any other 1009
factors in deciding whether to sign the certification form, 1010
except whether the victi m was a victim of qualifying criminal 1011
activity and the victim's helpfulness. 1012
(4) A current investigation or an arrest, the filing of 1013
charges, and a prosecution or conviction are not required for 1014
the victim to request and obtain the Form I -918 Supplement B 1015
certification from a certifying official. 1016
(5) A certifying official may only withdraw the 1017
certification if the victim refuses to provide information and 1018
assistance when reasonably requested. 1019
(6)(a) If a certifying official or agency denies 1020
certification under this section, the official or agency shall 1021
in writing notify the petitioner of the reason for the denial. 1022
The denial notification must contain the following information: 1023
1. An internal case number that allows the certifying 1024
agency to individuall y identify each certification request. 1025
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2. The date of the denial. 1026
3. The reason for the denial must be of one of the 1027
following: 1028
a. Lack of qualifying criminal activity; 1029
b. Lack of helpfulness; 1030
c. Lack of jurisdiction over the certification request; or 1031
d. Other circumstances for which a certifying official or 1032
agency may lawfully deny a certification. 1033
(b) Upon receiving notice that a request for certification 1034
under this section is denied, a petitioner may provide 1035
supplemental information t o the certifying agency and request 1036
that the certification denial be reviewed by the certifying 1037
agency. 1038
(c) A petitioner may submit a new request for 1039
certification, after a previous request is denied, to another 1040
certifying agency for processing if the pr evious certifying 1041
agency was involved in investigating the qualifying criminal 1042
activity. 1043
(d) A certification agency shall keep a copy of a denial 1044
notification for at least 3 years after the date of the 1045
notification. 1046
(7)(a) Except under circumstances in which there is good 1047
cause for delay, a certifying agency shall grant or deny a 1048
request for certification: 1049
1. Within 90 days after the date of the certification 1050
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request; or 1051
2. Within 14 days after the date after the certification 1052
request if the victim is in removal proceedings. 1053
(b) If a certifying agency fails to respond within the 1054
statutory timeframe or refuses to certify that an applicant was 1055
a victim of qualifying criminal activity, the applicant may 1056
petition a circuit court to review the determina tion of the 1057
certifying agency within 30 days after such determination or 1058
within 30 days after the expiration of the statutory timeframe. 1059
(c) The circuit court shall conduct an evidentiary hearing 1060
on such petition within 30 days after the filing of the 1061
petition. Upon conducting a hearing and the circuit court being 1062
satisfied that the applicant having proven his or her 1063
eligibility for completion of a certification form by a 1064
preponderance of the evidence and the circuit court having found 1065
that the certifying agency's refusal to sign was unreasonable, a 1066
circuit court judge may execute the certification form. In 1067
assessing the reasonableness of the certifying agency's decision 1068
or failure to respond, the circuit court may consider whether 1069
the applicant has compli ed with the terms of this section and 1070
whether circumstances exist that would justify a deferral of a 1071
decision, including whether a certification would jeopardize an 1072
ongoing criminal investigation or prosecution or the safety of 1073
an individual, cause a suspe ct to flee or evade detection, or 1074
result in the destruction of evidence or whether the applicant's 1075
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cooperation is not complete. Upon finding that the certifying 1076
agency denied the application without a factual or legal 1077
justification or failed to respond to the applicant, the circuit 1078
court shall make an award of reasonable costs and attorney fees 1079
to a prevailing applicant. Such determination shall be without 1080
prejudice to any future proceeding premised upon a material 1081
change in circumstances. 1082
(d) Any petition filed under paragraph (b), along with the 1083
record of all hearings and all other pleadings, papers filed, 1084
and orders entered in connection with such petition shall be 1085
kept under seal by the clerk unless otherwise ordered by the 1086
court. 1087
(8) Certifying agen cies and certifying officials are 1088
prohibited from disclosing the immigration status of a victim or 1089
person requesting the Form I -918 Supplement B certification, 1090
except to comply with federal law or legal process or if 1091
authorized by the victim or person requ esting the Form I-918 1092
Supplement B certification. 1093
(9) A certifying agency that receives a request for a Form 1094
I-918 Supplemental B certification shall report to the Speaker 1095
of the House, President of the Senate, and Governor on or before 1096
January 15, 2025, and annually thereafter, the number of victims 1097
who requested Form I -918 Form B certifications from the agency, 1098
the number of those certification forms that were signed, the 1099
number of those certification forms that were denied, the number 1100
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of pending certifications on the date of the report, and the 1101
reason for each denial. 1102
(10) A certifying official is immune from civil and 1103
criminal liability for, in good faith, certifying or denying 1104
certification under this section. 1105
(11) A certifying agency shall: 1106
(a) Designate a person or persons within the agency 1107
responsible for processing requests for certification under this 1108
section. 1109
(b) Develop written procedures for processing requests for 1110
certification under this section. 1111
(c) Establish a process for each ce rtifying agency to 1112
train certifying officials and communicate with community -based 1113
organizations and faith -based service providers about this 1114
process. 1115
Section 28. Section 908.113, Florida Statutes, is created 1116
to read: 1117
908.113 Fraud protection. — 1118
(1) Persons, other than those licensed to practice law in 1119
a state of the United States or otherwise permitted to practice 1120
law or represent others under federal law in an immigration 1121
matter, are prohibited from engaging in the practice of law in 1122
an immigration matter for compensation. 1123
(2) Persons, other than those licensed to practice law in 1124
a state of the United States or otherwise permitted to practice 1125
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law or represent others under federal law in an immigration 1126
matter, are prohibited from engaging in the fo llowing acts or 1127
practices for compensation: 1128
(a) Advising or assisting another person in determining 1129
the person's legal or illegal status for the purpose of an 1130
immigration matter. 1131
(b) Selecting, assisting another in selecting, or advising 1132
another as to his or her answers on a government agency form or 1133
document in an immigration matter. However, a person who 1134
provides or offers to provide immigration assistance service may 1135
perform the following services: 1136
1. Completing a governmental agency form, requeste d by the 1137
customer and appropriate to the customer's needs, only if the 1138
completion of that form does not involve a legal judgment for 1139
that particular matter. 1140
2. Transcribing responses to a governmental agency form 1141
that is related to an immigration matter, but not advising a 1142
customer as to his or her answers on those forms. 1143
3. Translating and interpreting information on forms for a 1144
customer and translating the customer's answers to questions 1145
posed on those forms. 1146
4. Securing for the customer supporting documents 1147
currently in existence, such as birth and marriage certificates, 1148
which may be needed to be submitted with governmental agency 1149
forms. 1150
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5. Translating documents from any language into English. 1151
6. Notarizing signatures on government agency forms, if 1152
the person performing the service is a notary public of the 1153
State of Florida. 1154
7. Making referrals, without fee, to an attorney who could 1155
undertake legal representation for a person in an immigration 1156
matter. 1157
8. Preparing or arranging for the prepara tion of 1158
photographs and fingerprints. 1159
9. Arranging for the performance of medical testing, 1160
including X-rays and AIDS tests, and obtaining the results of 1161
such test. 1162
10. Conducting English language and civics courses. 1163
11. Other services that the Attorn ey General determines by 1164
rule may be appropriately performed by such person in furthering 1165
the purposes of this section. 1166
(c) Selecting or assisting another in selecting, or 1167
advising another in selecting, a benefit, visa, or program to 1168
apply for in an immi gration matter. 1169
(d) Soliciting to prepare documents for, or otherwise 1170
representing the interests of, another in a judicial or 1171
administrative proceeding in an immigration matter. 1172
(e) Explaining, advising, or otherwise interpreting the 1173
meaning or intent of a question on a governmental agency form in 1174
an immigration matter. 1175
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(f) Charging a fee for referring another to a person 1176
licensed to practice law. 1177
(g) Selecting, drafting, or completing legal documents 1178
affecting the legal rights of another in an immi gration matter. 1179
(3) A person or business offering immigration services, 1180
other than those holding an active license to practice law in 1181
the state or otherwise permitted to practice law or represent 1182
others under federal law in an immigration matter, must po st 1183
conspicuous notices on its main website and at its place of 1184
business in English and every other language in which the person 1185
or business proves or offers immigration assistance with the 1186
following statement: 1187
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT 1188
GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. I AM NOT 1189
ACCREDITED TO REPRESENT YOU BEFORE THE STATE OF FLORIDA, 1190
THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, 1191
OR THE IMMIGRATION BOARD OF APPEALS. 1192
(4) Persons, other than those holding an active license to 1193
practice law in a state of the United States or otherwise 1194
permitted to practice law or represent others under federal law 1195
in an immigration matter are prohibited from engaging in the 1196
following acts or practices, regardless of w hether compensation 1197
is sought: 1198
(a) Representing, either orally or in any document, 1199
letterhead, advertisement, stationery, business card, website, 1200
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or other comparable written material, that he or she is a 1201
notario publico, notario, immigration assistant, i mmigration 1202
consultant, immigration specialist, or using any other 1203
designation or title, in any language, that conveys or implies 1204
that he or she possesses professional legal skills in the area 1205
of immigration law. 1206
(b) Representing, in any language, either orally or in any 1207
document, letterhead, advertisement, stationery, business card, 1208
website, or other comparable written material, that he or she 1209
can or is willing to provide services in an immigration matter, 1210
if such services would constitute the practice of law. 1211
(5)(a) The prohibitions of subsections (1) through (4) do 1212
not apply to the activities of nonlawyer assistants acting under 1213
the supervision of a person holding an active license to 1214
practice law in the state or otherwise permitted to practice law 1215
or represent others under federal law in an immigration matter. 1216
(b) This section does not prohibit a person from offering 1217
translation or interpretation services, regardless of whether 1218
compensation is sought. Translating words contained on a 1219
government form from English to another language and translating 1220
a person's words from another language to English does not 1221
constitute the unauthorized practice of law. 1222
Section 29. Paragraph (a) of subsection (3) and paragraph 1223
(f) of subsection (7) of section 943.325, Florida Statutes, are 1224
amended to read: 1225
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943.325 DNA database. — 1226
(3) COLLECTION OF SAMPLES. — 1227
(a) Each qualifying offender who is not a qualifying 1228
offender solely because of the issuance of an immigration 1229
detainer by a federal immigration agency shall submit a DNA 1230
sample at the time he or she is booked into a jail, correctional 1231
facility, or juvenile facility. However, a person who becomes a 1232
qualifying offender solely because of the issuance of an 1233
immigration detainer by a federal immigration agency must be 1234
asked in writing, in his or her preferred language, if the 1235
person consents or declines to submit a DNA sample when the law 1236
enforcement agency having custody of such the offender receives 1237
the detainer. A law enforcement agency may not forcibly extract 1238
a DNA sample and a person who becomes a qualifying offender 1239
solely because of the issuance of an immigration detainer may 1240
not be charged with a criminal offense for declining to submit a 1241
DNA sample. 1242
(7) COLLECTION OF DNA SAMPLES FROM OFFENDERS. — 1243
(f) A law enforcement agency having custody of a person 1244
who becomes a qualifying offender solely because of the issuance 1245
of an immigration detainer by a federal immigration agency shall 1246
ensure that a DNA sample is taken from the offender immediately 1247
after the agency receives the detainer and shall secure and 1248
transmit the sample to the department in a timely manner. 1249
Section 30. Paragraph (c) of subsection (2) of section 1250
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1002.31, Florida Statutes, is amended to read: 1251
1002.31 Controlled open enrollment; public s chool parental 1252
choice.— 1253
(2) 1254
(c) Each district school board must provide preferential 1255
treatment in its controlled open enrollment process to all of 1256
the following: 1257
1. Dependent children of active duty military personnel 1258
whose move resulted from military orders. 1259
2. Children who have been relocated due to a foster care 1260
placement in a different school zone. 1261
3. Children who move due to a court -ordered change in 1262
custody due to separation or divorce, or the serious illness or 1263
death of a custodial parent. 1264
4. Students residing in the school district. 1265
5. Children and youths who are experiencing a lack of 1266
housing and children who are known to the department, as defined 1267
in s. 39.0016(1). 1268
Section 31. Paragraph (f) of subsection (1) of section 1269
1003.21, Florida Statutes, is amended to read: 1270
1003.21 School attendance. — 1271
(1) 1272
(f) Children and youths who are experiencing homelessness , 1273
regardless of their immigration status, and children who are 1274
known to the department, as defined in s. 39.0016, must have 1275
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access to a free public education and must be admitted to the 1276
school of their parent or guardian's choice in the school 1277
district in which they or their families live in accordance with 1278
the rules set forth in 1002.31 . School districts shall assist 1279
such children in meeting the requirements of subsection (4) and 1280
s. 1003.22, as well as local requirements for documentation. 1281
Section 32. Paragraphs (a), (b), and (c) of subsection 1282
(12) of section 1009.26, Florida Statutes, are amended to read: 1283
1009.26 Fee waivers.— 1284
(12)(a) A state university, a Florida College System 1285
institution, a career center operated by a school district under 1286
s. 1001.44, or a charter technical career center shall waive 1287
out-of-state fees for undergraduate and graduate students, 1288
including, but not limited to, students who are undocumented for 1289
federal immigration purposes, who meet the following conditions: 1290
1. Attend Attended a secondary school in this state for 2 1291
3 consecutive years immediately before graduating from a high 1292
school in this state or successfully completing the requirements 1293
for a high school equivalency diploma after 2 years of relevant 1294
coursework; 1295
2. Apply for enrollment in an institution of higher 1296
education within 24 months after high school or undergraduate 1297
school graduation; and 1298
3. Submit an official Florida high school transcript as 1299
evidence of attendance and graduation or evidence of having 1300
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completed the requirements for a high school equivalency 1301
diploma. 1302
(b) Tuition and fees charged to a student who qualifies 1303
for the out-of-state fee waiver under this subsection may not 1304
exceed the tuition and fees charged to a resident student. The 1305
waiver is applicable for 110 percent of the required credit 1306
hours of the undergraduate or graduate degree or certificate 1307
program for which the student is enrolled. Each state 1308
university, Florida College System institution, career center 1309
operated by a school district under s. 1001.44, and charter 1310
technical career center shall report to the Board of Governors 1311
and the State Board of Educati on, respectively, the number and 1312
value of all fee waivers granted annually under this subsection. 1313
By October 1 of each year, the Board of Governors for the state 1314
universities and the State Board of Education for Florida 1315
College System institutions, career centers operated by a school 1316
district under s. 1001.44, and charter technical career centers 1317
shall annually report for the previous academic year the 1318
percentage of resident and nonresident students enrolled 1319
systemwide. 1320
(c) A state university student gran ted an out-of-state fee 1321
waiver under this subsection must be considered a nonresident 1322
student for purposes of calculating the systemwide total 1323
enrollment of nonresident students as limited by regulation of 1324
the Board of Governors. In addition, a student who is granted an 1325
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out-of-state fee waiver under this subsection is not eligible 1326
for state financial aid under part III of this chapter and shall 1327
must not be reported as a resident for tuition purposes. 1328
Section 33. Paragraph (a) of subsection (1) of sectio n 1329
1009.40, Florida Statutes, is amended to read: 1330
1009.40 General requirements for student eligibility for 1331
state financial aid awards and tuition assistance grants. — 1332
(1)(a) The general requirements for eligibility of 1333
students for state financial aid awa rds and tuition assistance 1334
grants consist of the following: 1335
1. Achievement of the academic requirements of and 1336
acceptance at a state university or Florida College System 1337
institution; a nursing diploma school approved by the Florida 1338
Board of Nursing; a Fl orida college or university which is 1339
accredited by an accrediting agency recognized by the State 1340
Board of Education; a Florida institution the credits of which 1341
are acceptable for transfer to state universities; a career 1342
center; or a private career institut ion accredited by an 1343
accrediting agency recognized by the State Board of Education. 1344
2. Residency in this state for no less than 1 year 1345
preceding the award of aid or a tuition assistance grant for a 1346
program established pursuant to s. 1009.50, s. 1009.505, s. 1347
1009.51, s. 1009.52, s. 1009.521, s. 1009.53, s. 1009.60, s. 1348
1009.62, s. 1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s. 1349
1009.89, or s. 1009.894. Residency in this state must be for 1350
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purposes other than to obtain an education. Resident status for 1351
purposes of receiving state financial aid awards shall be 1352
determined in the same manner as resident status for tuition 1353
purposes pursuant to s. 1009.21. However, a student may not be 1354
denied classification as a resident for purposes of receiving 1355
state financial aid awards based solely upon his or her 1356
immigration status if he or she has met the conditions for an 1357
out-of-state fee waiver under s. 1009.26(12)(a). 1358
3. Submission of certification attesting to the accuracy, 1359
completeness, and correctness of information pr ovided to 1360
demonstrate a student's eligibility to receive state financial 1361
aid awards or tuition assistance grants. Falsification of such 1362
information shall result in the denial of a pending application 1363
and revocation of an award or grant currently held to th e extent 1364
that no further payments shall be made. Additionally, students 1365
who knowingly make false statements in order to receive state 1366
financial aid awards or tuition assistance grants commit a 1367
misdemeanor of the second degree subject to the provisions of s . 1368
837.06 and shall be required to return all state financial aid 1369
awards or tuition assistance grants wrongfully obtained. 1370
Section 34. Paragraph (e) of subsection (4) of section 1371
456.074, Florida Statutes, is amended to read: 1372
456.074 Certain health car e practitioners; immediate 1373
suspension of license. — 1374
(4) The department shall issue an emergency order 1375
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suspending the license of a massage therapist or establishment 1376
as defined in chapter 480 upon receipt of information that the 1377
massage therapist, a person with an ownership interest in the 1378
establishment, or, for a corporation that has more than $250,000 1379
of business assets in this state, the owner, officer, or 1380
individual directly involved in the management of the 1381
establishment has been convicted or found gui lty of, or has 1382
entered a plea of guilty or nolo contendere to, regardless of 1383
adjudication, a violation of s. 796.07(2)(a) which is 1384
reclassified under s. 796.07(7) or a felony offense under any of 1385
the following provisions of state law or a similar provision in 1386
another jurisdiction: 1387
(e) Section 787.07, relating to human smuggling. 1388
Section 35. Paragraph (e) of subsection (7) of section 1389
480.041, Florida Statutes, is amended to read: 1390
480.041 Massage therapists; qualifications; licensure; 1391
endorsement.— 1392
(7) The board shall deny an application for a new or 1393
renewal license if an applicant has been convicted or found 1394
guilty of, or enters a plea of guilty or nolo contendere to, 1395
regardless of adjudication, a violation of s. 796.07(2)(a) which 1396
is reclassified under s. 796.07(7) or a felony offense under any 1397
of the following provisions of state law or a similar provision 1398
in another jurisdiction: 1399
(e) Section 787.07, relating to human smuggling. 1400
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Section 36. Paragraph (e) of subsection (8) of section 1401
480.043, Florida Statutes, is amended to read: 1402
480.043 Massage establishments; requisites; licensure; 1403
inspection; human trafficking awareness training and policies. — 1404
(8) The department shall deny an application for a new or 1405
renewal license if an establishment o wner or a designated 1406
establishment manager or, for a corporation that has more than 1407
$250,000 of business assets in this state, an establishment 1408
owner, a designated establishment manager, or any individual 1409
directly involved in the management of the establis hment has 1410
been convicted of or entered a plea of guilty or nolo contendere 1411
to any misdemeanor or felony crime, regardless of adjudication, 1412
related to prostitution or related acts as described in s. 1413
796.07 or a felony offense under any of the following prov isions 1414
of state law or a similar provision in another jurisdiction: 1415
(e) Section 787.07, relating to human smuggling. 1416
Section 37. Subsection (2) of section 775.30, Florida 1417
Statutes, is amended to read: 1418
775.30 Terrorism; defined; penalties. — 1419
(2) A person who violates s. 782.04(1)(a)1. or (2), s. 1420
782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 1421
787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, 1422
s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 1423
806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 1424
859.01, or s. 876.34, in furtherance of intimidating or coercing 1425
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the policy of a government, or in furtherance of affecting the 1426
conduct of a government by mass destruction, assassination, or 1427
kidnapping, commits the crime of terrorism, a felony of the 1428
first degree, punishable as provided in s. 775.082, s. 775.083, 1429
or s. 775.084. 1430
Section 38. Subsection (1) of section 794.056, Florida 1431
Statutes, is amended to read: 1432
794.056 Rape Crisis Program Trust Fund. — 1433
(1) The Rape Crisis Program Trust Fund is created within 1434
the Department of Health for the purpose of providing funds for 1435
rape crisis centers in this state. Trust fund moneys shall be 1436
used exclusively for the purpose of providing services for 1437
victims of sexual assault. Funds credited to the trust fund 1438
consist of those funds collected as an additional court 1439
assessment in each case in which a defendant pleads guilty or 1440
nolo contendere to, or is found guilty of, regardless of 1441
adjudication, an offense provided in s . 775.21(6) and (10)(a), 1442
(b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 1443
784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 1444
784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 1445
787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 1446
former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 1447
796.06; s. 796.07(2)(a) -(d) and (i); s. 800.03; s. 800.04; s. 1448
810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 1449
825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847. 0135(2); s. 1450
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847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), 1451
(13), and (14)(c); or s. 985.701(1). Funds credited to the trust 1452
fund also shall include revenues provided by law, moneys 1453
appropriated by the Legislature, and grants from public or 1454
private entities. 1455
Section 39. Paragraph (d) of subsection (3) of section 1456
921.0022, Florida Statutes, is amended to read: 1457
921.0022 Criminal Punishment Code; offense severity 1458
ranking chart.— 1459
(3) OFFENSE SEVERITY RANKING CHART 1460
(d) LEVEL 4 1461
1462
Florida
Statute
Felony
Degree Description
1463
316.1935(3)(a) 2nd Driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
1464
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
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transaction statements.
1465
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
1466
517.07(1) 3rd Failure to register securi ties.
1467
517.12(1) 3rd Failure of dealer or associated
person of a dealer of
securities to register.
1468
784.031 3rd Battery by strangulation.
1469
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
1470
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
1471
784.075 3rd Battery on detention or
commitment facility staff.
1472
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
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certain fluids or materials.
1473
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
1474
784.081(3) 3rd Battery on specified official
or employee.
1475
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
1476
784.083(3) 3rd Battery on code inspector.
1477
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
1478
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
1479
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
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proceedings.
1480
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
1481
787.07 3rd Human smuggling.
1482
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
1483
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
1484
790.115(2)(c) 3rd Possessing firearm on school
property.
1485
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
1486
800.04(7)(c) 3rd Lewd or lascivious exhibition;
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offender less than 18 years.
1487
806.135 2nd Destroying or demolishing a
memorial or historic property.
1488
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
1489
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
1490
810.06 3rd Burglary; possession of tools.
1491
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
1492
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
1493
812.014 3rd Grand theft, 3rd degree;
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(2)(c)4. &
6.-10.
specified items.
1494
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
1495
817.505(4)(a) 3rd Patient brokering.
1496
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
1497
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
1498
817.5695(3)(c) 3rd Exploitation of person 65 years
of age or older, value less
than $10,000.
1499
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
1500
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817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
1501
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
1502
836.14(2) 3rd Person who commits theft of a
sexually explicit image with
intent to promote it.
1503
836.14(3) 3rd Person who willfully possesses
a sexually explicit image with
certain knowledge, intent, and
purpose.
1504
837.02(1) 3rd Perjury in official
proceedings.
1505
837.021(1) 3rd Make contradictory statements
in official proceedings.
1506
838.022 3rd Official misconduct.
1507
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839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
1508
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
1509
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
1510
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
1511
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
1512
843.19(2) 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
1513
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847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
1514
870.01(3) 2nd Aggravated rioting.
1515
870.01(5) 2nd Aggravated inciting a riot.
1516
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
1517
893.13(2)(a)1. 2nd Purchase of cocaine (or other
s. 893.03(1)(a), (b), or (d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
1518
914.14(2) 3rd Witnesses accepting bribes.
1519
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
1520
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
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1521
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
1522
918.12 3rd Tampering with jurors.
1523
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
1524
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
1525
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other device
to aid escape, or cellular
telephone or other portable
communication device introduced
into county detention facility.
1526
Section 40. Section 938.085, Florida Statutes, is amended 1527
to read: 1528
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938.085 Additional cost to fund rape crisis centers. —In 1529
addition to any sanction imposed when a person pleads guilty or 1530
nolo contendere to, or is found guilty of, regardless of 1531
adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 1532
(g); s. 784.011; s. 7 84.021; s. 784.03; s. 784.041; s. 784.045; 1533
s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1534
784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 1535
787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1536
796.03; former s. 796.035; s . 796.04; s. 796.05; s. 796.06; s. 1537
796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 1538
810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 1539
827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 1540
847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and 1541
(14)(c); or s. 985.701(1), the court shall impose a surcharge of 1542
$151. Payment of the surcharge shall be a condition of 1543
probation, community control, or any other court -ordered 1544
supervision. The sum of $150 of the surcharge shall be deposited 1545
into the Rape Crisis Program Trust Fund established within the 1546
Department of Health by chapter 2003 -140, Laws of Florida. The 1547
clerk of the court shall retain $1 of each surcharge that the 1548
clerk of the court collects as a service charge of the cle rk's 1549
office. 1550
Section 41. Except as otherwise expressly provided in this 1551
act and except for this section, which shall take effect upon 1552
this act becoming a law, this act shall take effect July 1, 1553
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2024. 1554