HB 11A 2025A
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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 combatting illegal immigration; 2
amending s. 908.11, F.S.; requiring each state and 3
county law enforcement agency, and any other law 4
enforcement agency with more than 25 sworn or 5
certified law enforcement officers, to enter into a 6
written agreement with the United States Immigration 7
and Customs Enforcement to participate in a certain 8
immigration program; requiring participation in every 9
program model offered by the Federal Government for 10
which the law enforcement agency qualifies; 11
authorizing a waiver from the requirement under 12
certain circumstances; requiring each law enforcement 13
agency, by a specified date, to notify the State 14
Immigration Enforcement Officer quarterly of the 15
status of such agreement; requiring the head of the 16
law enforcement agency under whose jurisdiction an 17
officer is serving to provide the consent required by 18
a specified action; requiring all state and county law 19
enforcement agencies, and any other law enforcement 20
agency with more than 25 sworn or certified law 21
enforcement officers, to ensure at least a certain 22
percent of their sworn law enforcement officers are 23
available to perform or exercise the powers, 24
privileges, or duties of an immigration officer; 25
HB 11A 2025A
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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
requiring law enforcement agencies to report 26
compliance to the Stat e Immigration Enforcement 27
Officer; authorizing a law enforcement agency to seek 28
reimbursement from alternative sources if the Federal 29
Government does not fund certain training; specifying 30
that the unavailability of such funds excuses 31
compliance with specif ied provisions; providing for 32
the suspension of the head of any law enforcement 33
agency by the Governor under certain circumstances; 34
authorizing the Division of Emergency Management, in 35
coordination with the State Immigration Enforcement 36
Officer, to adopt rules; creating s. 908.13, F.S.; 37
creating the Unauthorized Alien Transport Program 38
within the division; specifying the purpose of the 39
program; specifying that the program is to be run by 40
the State Immigration Enforcement Officer; requiring 41
the division to provide resources, administrative 42
support, and services to the State Immigration 43
Enforcement Officer; requiring the National Guard and 44
the State Guard to assist the State Immigration 45
Enforcement Officer in the implementation of the 46
program; authorizing the division, in coordination 47
with the State Immigration Enforcement Officer, to 48
adopt rules; providing that all payments made pursuant 49
to specified provisions are deemed approved; repealing 50
HB 11A 2025A
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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
chapter 2023-3, Laws of Florida, relating to the 51
Unauthorized Alien T ransport Program; providing an 52
appropriation; providing for severability; providing 53
an effective date. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
57
Section 1. Section 908.11, Florida Statutes, is amended to 58
read: 59
908.11 Immigration enforcement assistance agreements; 60
reporting requirement. — 61
(1) By January 1, 2023, Each state and county law 62
enforcement agency, and any other law enforcement agency with 63
more than 25 sworn or certified law enforcement officers, 64
operating a county deten tion facility must enter into a written 65
agreement with the United States Immigration and Customs 66
Enforcement to participate in the immigration program 67
established under s. 287(g) of the Immigration and Nationality 68
Act, 8 U.S.C. s. 1357 , and to participate in each program model 69
that is available to the agency and for which the agency 70
qualifies. A law enforcement agency may request a waiver from 71
this requirement from the State Immigration Enforcement Officer 72
for any applicable program upon showing that the ag ency lacks 73
the resources to participate in the program or that 74
participation in the program would otherwise undermine public 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
safety. This subsection does not require a law enforcement 76
agency to participate in a particular program model. 77
(2) Beginning no later than July 1, 2025 October 1, 2022, 78
and until the law enforcement agency enters into the written 79
agreement required under subsection (1), each law enforcement 80
agency shall operating a county detention facility must notify 81
the State Immigration Enforce ment Officer Department of Law 82
Enforcement quarterly of the status of its compliance with 83
subsection (1) such written agreement and any reason for 84
noncompliance with this section, if applicable. 85
(3) If the Federal Government authorizes any law 86
enforcement officer in this state to perform or exercise the 87
powers, privileges, or duties of an immigration officer or 88
employee under s. 103(a)(10) of the Immigration and Nationality 89
Act, 8 U.S.C. s. 1103, the head of the law enforcement agency 90
under whose jurisdic tion the officer is serving must provide the 91
consent required by that section. The agency head shall report 92
such consent to the State Immigration Enforcement Officer. 93
(4) All state and county law enforcement agencies, and any 94
other law enforcement agency with more than 25 sworn or 95
certified law enforcement officers, shall ensure at least 10 96
percent of their sworn and certified law enforcement officers 97
are available to perform or exercise the powers, privileges, or 98
duties of an immigration officer authoriz ed under s. 103(a)(10) 99
of the Immigration and Nationality Act, 8 U.S.C. s. 1103, or any 100
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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 applicable federal law. Law enforcement agencies shall 101
report compliance with this subsection to the State Immigration 102
Enforcement Officer. 103
(5) If the Federal G overnment does not fund the training 104
that is required by federal law and is necessary to comply with 105
this section, the law enforcement agency may seek reimbursement, 106
subject to available funds, from the Unauthorized Alien 107
Transport Program authorized under s. 908.13 or, subject to a 108
declared state of emergency, from the Emergency Preparedness and 109
Response Fund under s. 252.3711. The unavailability of such 110
funds shall excuse compliance with this section. 111
(6) Any head of a law enforcement agency who, in the 112
judgment of the Governor, acts in bad faith and fails to comply 113
with any provision of this section is subject to suspension by 114
the Governor under s. 112.48, s. 112.51, s. 112.511, or s. 115
112.52. 116
(7) The Division of Emergency Management, in coordination 117
with the State Immigration Enforcement Officer, may adopt rules 118
to implement this section. 119
Section 2. Section 908.13, Florida Statutes, is created to 120
read: 121
908.13 Unauthorized Alien Transport Program. — 122
(1) The Unauthorized Alien Transport Program is created 123
within the Division of Emergency Management within the Executive 124
Office of the Governor for the purpose of facilitating 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
immigration enforcement consistent with federal law, including, 126
but not limited to, detention, transportation, and deportation. 127
Notwithstanding s. 287.057, the division is authorized to 128
contract for services to implement the program. 129
(2) The program shall be run by the State Immigration 130
Enforcement Officer, who shall be appointed by and serve at the 131
pleasure of the Governor. The State Immigration Enforcement 132
Officer shall be responsible for overseeing this state's 133
immigration enforcement activities in cooperation with the 134
Federal Government. The Division of Emergency Management shall 135
provide resources, administrative support, and services to the 136
extent requested by the State Immigration Enforcement Officer. 137
(3) The National Guard and the State Guard shall, once 138
activated by the Governor, assist the State Immigration 139
Enforcement Officer in the implementation of the program. 140
(4) The division, in coordination with the State 141
Immigration Enforcement Officer, may adopt rules to implement 142
the program. 143
(5) All payments made pursuant to s. 2 of chapter 2023 -3, 144
Laws of Florida, are deemed approved. Any unexpended balance of 145
funds appropriated to the Division of Emergency Management under 146
that section must immediately revert. For the 2024 -2025 fiscal 147
year, the nonrecurring sum of $350 million from the General 148
Revenue Fund is appropriated to the Division of Emergency 149
Management within the Executive Office of the Governor for the 150
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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
Unauthorized Alien Transport Program created by this section. 151
The unexpended balance of funds remaining on June 30, 2025, 152
shall revert and is appropriated to the division for fiscal year 153
2025-2026 for the same purp ose. 154
Section 3. Chapter 2023-3, Laws of Florida, is repealed. 155
Section 4. For the 2024-2025 fiscal year, the sum of $3 156
million in recurring funds is appropriated from the General 157
Revenue Fund to the Division of Emergency Management, and 12 158
full-time equivalent positions with associated salary rate of 159
1,150,000 are authorized, for the purpose of implementing the 160
Unauthorized Alien Transport Program created by this act. 161
Section 5. If any provision of this act or its application 162
to any person or cir cumstance is held invalid, the invalidity 163
does not affect other provisions or applications of this act 164
which can be given effect without the invalid provision or 165
application, and to this end the provisions of this act are 166
severable. 167
Section 6. This act shall take effect upon becoming a law. 168