Florida 2025 1st Special Session

Florida House Bill H0009 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 9A 2025A
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6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb9a-00
9	9	Page 1 of 4
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to combatting illegal immigration; 2
16	16	reenacting and amending s. 908.104, F.S.; requiring 3
17	17	law enforcement agencies to support the enforcement of 4
18	18	federal immigration law; requiring, rather than 5
19	19	authorizing, law enforcement agencies to transport 6
20	20	certain persons securely to a federal facility in this 7
21	21	state or to another point of transfer to federal 8
22	22	custody outside the jurisdiction of the law 9
23	23	enforcement agency; specifying that certain provisions 10
24	24	do not require a state entity, local governmental 11
25	25	entity, or law enforcement agency to provide a federal 12
26	26	immigration agency with information related to a 13
27	27	victim of or a witness to a criminal offense that 14
28	28	occurred in this state and for which there is an 15
29	29	ongoing investigation or prosecution under specified 16
30	30	circumstances; revising applicability; providing for 17
31	31	severability; providing an effective date. 18
32	32	19
33	33	Be It Enacted by the Legislature of the State of Florida: 20
34	34	21
35	35	Section 1. Subsections (1), (4), (5), and (8) of section 22
36	36	908.104, Florida Statutes, are amended, and subsection (6) of 23
37	37	that section is reenacted, to read: 24
38	38	908.104 Cooperation with federal immigration authorities. — 25
39	39
40	40	HB 9A 2025A
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb9a-00
46	46	Page 2 of 4
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(1) A law enforcement agency shall use best efforts to 26
52	52	support the enforcement of federal immigration law. This 27
53	53	subsection applies to an official, representative, agent, or 28
54	54	employee of the entity or agency only when he or she is acting 29
55	55	within the scope of his or her official duties or with in the 30
56	56	scope of his or her employment. 31
57	57	(4) When a county correctional facility or the Department 32
58	58	of Corrections receives verification from a federal immigration 33
59	59	agency that a person subject to an immigration detainer is in 34
60	60	the law enforcement agency's cu stody, the agency shall may 35
61	61	securely transport the person to a federal facility in this 36
62	62	state or to another point of transfer to federal custody outside 37
63	63	the jurisdiction of the law enforcement agency. The law 38
64	64	enforcement agency shall may transfer a person who is subject to 39
65	65	an immigration detainer and is confined in a secure correctional 40
66	66	facility to the custody of a federal immigration agency not 41
67	67	earlier than 12 days before his or her release date. A law 42
68	68	enforcement agency shall obtain judicial authorization before 43
69	69	securely transporting an alien to a point of transfer outside of 44
70	70	this state. 45
71	71	(5) This section does not require a state entity, local 46
72	72	governmental entity, or law enforcement agency to provide a 47
73	73	federal immigration agency with information related t o a victim 48
74	74	of or a witness to a criminal offense that occurred in this 49
75	75	state and for which there is an ongoing investigation or 50
76	76
77	77	HB 9A 2025A
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb9a-00
83	83	Page 3 of 4
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	prosecution if the victim or witness timely and in good faith 51
89	89	responds to the entity's or agency's request for information and 52
90	90	cooperation in the investigation or prosecution of the offense. 53
91	91	(6) A state entity, local governmental entity, or law 54
92	92	enforcement agency that, pursuant to subsection (5), withholds 55
93	93	information regarding the immigration information of a victim of 56
94	94	or witness to a criminal offense shall document the victim's or 57
95	95	witness's cooperation in the entity's or agency's investigative 58
96	96	records related to the offense and shall retain the records for 59
97	97	at least 10 years for the purpose of audit, verification, or 60
98	98	inspection by the Auditor General. 61
99	99	(8) This section does not apply to any alien unlawfully 62
100	100	present in the United States if he or she is or has been a 63
101	101	necessary witness or victim of a crime of domestic violence, 64
102	102	rape, sexual exploitation, sexual assault, murder, mans laughter, 65
103	103	assault, battery, human trafficking, kidnapping, false 66
104	104	imprisonment, involuntary servitude, fraud in foreign labor 67
105	105	contracting, blackmail, extortion, or witness tampering for 68
106	106	which there is an ongoing investigation or prosecution in this 69
107	107	state. 70
108	108	Section 2. If any provision of this act or its application 71
109	109	to any person or circumstance is held invalid, the invalidity 72
110	110	does not affect other provisions or applications of this act 73
111	111	which can be given effect without the invalid provisions or 74
112	112	application, and to this end the provisions of this act are 75
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114	114	HB 9A 2025A
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118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb9a-00
120	120	Page 4 of 4
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	severable. 76
126	126	Section 3. This act shall take effect upon becoming a law. 77