Florida 2025 1st Special Session

Florida House Bill H0011 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 11A 2025A
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5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb11a-00
9	9	Page 1 of 7
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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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to combatting illegal immigration; 2
16	16	amending s. 908.11, F.S.; requiring each state and 3
17	17	county law enforcement agency, and any other law 4
18	18	enforcement agency with more than 25 sworn or 5
19	19	certified law enforcement officers, to enter into a 6
20	20	written agreement with the United States Immigration 7
21	21	and Customs Enforcement to participate in a certain 8
22	22	immigration program; requiring participation in every 9
23	23	program model offered by the Federal Government for 10
24	24	which the law enforcement agency qualifies; 11
25	25	authorizing a waiver from the requirement under 12
26	26	certain circumstances; requiring each law enforcement 13
27	27	agency, by a specified date, to notify the State 14
28	28	Immigration Enforcement Officer quarterly of the 15
29	29	status of such agreement; requiring the head of the 16
30	30	law enforcement agency under whose jurisdiction an 17
31	31	officer is serving to provide the consent required by 18
32	32	a specified action; requiring all state and county law 19
33	33	enforcement agencies, and any other law enforcement 20
34	34	agency with more than 25 sworn or certified law 21
35	35	enforcement officers, to ensure at least a certain 22
36	36	percent of their sworn law enforcement officers are 23
37	37	available to perform or exercise the powers, 24
38	38	privileges, or duties of an immigration officer; 25
39	39
40	40	HB 11A 2025A
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb11a-00
46	46	Page 2 of 7
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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49	49
50	50
51	51	requiring law enforcement agencies to report 26
52	52	compliance to the Stat e Immigration Enforcement 27
53	53	Officer; authorizing a law enforcement agency to seek 28
54	54	reimbursement from alternative sources if the Federal 29
55	55	Government does not fund certain training; specifying 30
56	56	that the unavailability of such funds excuses 31
57	57	compliance with specif ied provisions; providing for 32
58	58	the suspension of the head of any law enforcement 33
59	59	agency by the Governor under certain circumstances; 34
60	60	authorizing the Division of Emergency Management, in 35
61	61	coordination with the State Immigration Enforcement 36
62	62	Officer, to adopt rules; creating s. 908.13, F.S.; 37
63	63	creating the Unauthorized Alien Transport Program 38
64	64	within the division; specifying the purpose of the 39
65	65	program; specifying that the program is to be run by 40
66	66	the State Immigration Enforcement Officer; requiring 41
67	67	the division to provide resources, administrative 42
68	68	support, and services to the State Immigration 43
69	69	Enforcement Officer; requiring the National Guard and 44
70	70	the State Guard to assist the State Immigration 45
71	71	Enforcement Officer in the implementation of the 46
72	72	program; authorizing the division, in coordination 47
73	73	with the State Immigration Enforcement Officer, to 48
74	74	adopt rules; providing that all payments made pursuant 49
75	75	to specified provisions are deemed approved; repealing 50
76	76
77	77	HB 11A 2025A
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb11a-00
83	83	Page 3 of 7
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	chapter 2023-3, Laws of Florida, relating to the 51
89	89	Unauthorized Alien T ransport Program; providing an 52
90	90	appropriation; providing for severability; providing 53
91	91	an effective date. 54
92	92	55
93	93	Be It Enacted by the Legislature of the State of Florida: 56
94	94	57
95	95	Section 1. Section 908.11, Florida Statutes, is amended to 58
96	96	read: 59
97	97	908.11 Immigration enforcement assistance agreements; 60
98	98	reporting requirement. — 61
99	99	(1) By January 1, 2023, Each state and county law 62
100	100	enforcement agency, and any other law enforcement agency with 63
101	101	more than 25 sworn or certified law enforcement officers, 64
102	102	operating a county deten tion facility must enter into a written 65
103	103	agreement with the United States Immigration and Customs 66
104	104	Enforcement to participate in the immigration program 67
105	105	established under s. 287(g) of the Immigration and Nationality 68
106	106	Act, 8 U.S.C. s. 1357 , and to participate in each program model 69
107	107	that is available to the agency and for which the agency 70
108	108	qualifies. A law enforcement agency may request a waiver from 71
109	109	this requirement from the State Immigration Enforcement Officer 72
110	110	for any applicable program upon showing that the ag ency lacks 73
111	111	the resources to participate in the program or that 74
112	112	participation in the program would otherwise undermine public 75
113	113
114	114	HB 11A 2025A
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116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb11a-00
120	120	Page 4 of 7
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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123	123
124	124
125	125	safety. This subsection does not require a law enforcement 76
126	126	agency to participate in a particular program model. 77
127	127	(2) Beginning no later than July 1, 2025 October 1, 2022, 78
128	128	and until the law enforcement agency enters into the written 79
129	129	agreement required under subsection (1), each law enforcement 80
130	130	agency shall operating a county detention facility must notify 81
131	131	the State Immigration Enforce ment Officer Department of Law 82
132	132	Enforcement quarterly of the status of its compliance with 83
133	133	subsection (1) such written agreement and any reason for 84
134	134	noncompliance with this section, if applicable. 85
135	135	(3) If the Federal Government authorizes any law 86
136	136	enforcement officer in this state to perform or exercise the 87
137	137	powers, privileges, or duties of an immigration officer or 88
138	138	employee under s. 103(a)(10) of the Immigration and Nationality 89
139	139	Act, 8 U.S.C. s. 1103, the head of the law enforcement agency 90
140	140	under whose jurisdic tion the officer is serving must provide the 91
141	141	consent required by that section. The agency head shall report 92
142	142	such consent to the State Immigration Enforcement Officer. 93
143	143	(4) All state and county law enforcement agencies, and any 94
144	144	other law enforcement agency with more than 25 sworn or 95
145	145	certified law enforcement officers, shall ensure at least 10 96
146	146	percent of their sworn and certified law enforcement officers 97
147	147	are available to perform or exercise the powers, privileges, or 98
148	148	duties of an immigration officer authoriz ed under s. 103(a)(10) 99
149	149	of the Immigration and Nationality Act, 8 U.S.C. s. 1103, or any 100
150	150
151	151	HB 11A 2025A
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb11a-00
157	157	Page 5 of 7
158	158	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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160	160
161	161
162	162	other applicable federal law. Law enforcement agencies shall 101
163	163	report compliance with this subsection to the State Immigration 102
164	164	Enforcement Officer. 103
165	165	(5) If the Federal G overnment does not fund the training 104
166	166	that is required by federal law and is necessary to comply with 105
167	167	this section, the law enforcement agency may seek reimbursement, 106
168	168	subject to available funds, from the Unauthorized Alien 107
169	169	Transport Program authorized under s. 908.13 or, subject to a 108
170	170	declared state of emergency, from the Emergency Preparedness and 109
171	171	Response Fund under s. 252.3711. The unavailability of such 110
172	172	funds shall excuse compliance with this section. 111
173	173	(6) Any head of a law enforcement agency who, in the 112
174	174	judgment of the Governor, acts in bad faith and fails to comply 113
175	175	with any provision of this section is subject to suspension by 114
176	176	the Governor under s. 112.48, s. 112.51, s. 112.511, or s. 115
177	177	112.52. 116
178	178	(7) The Division of Emergency Management, in coordination 117
179	179	with the State Immigration Enforcement Officer, may adopt rules 118
180	180	to implement this section. 119
181	181	Section 2. Section 908.13, Florida Statutes, is created to 120
182	182	read: 121
183	183	908.13 Unauthorized Alien Transport Program. — 122
184	184	(1) The Unauthorized Alien Transport Program is created 123
185	185	within the Division of Emergency Management within the Executive 124
186	186	Office of the Governor for the purpose of facilitating 125
187	187
188	188	HB 11A 2025A
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb11a-00
194	194	Page 6 of 7
195	195	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
196	196
197	197
198	198
199	199	immigration enforcement consistent with federal law, including, 126
200	200	but not limited to, detention, transportation, and deportation. 127
201	201	Notwithstanding s. 287.057, the division is authorized to 128
202	202	contract for services to implement the program. 129
203	203	(2) The program shall be run by the State Immigration 130
204	204	Enforcement Officer, who shall be appointed by and serve at the 131
205	205	pleasure of the Governor. The State Immigration Enforcement 132
206	206	Officer shall be responsible for overseeing this state's 133
207	207	immigration enforcement activities in cooperation with the 134
208	208	Federal Government. The Division of Emergency Management shall 135
209	209	provide resources, administrative support, and services to the 136
210	210	extent requested by the State Immigration Enforcement Officer. 137
211	211	(3) The National Guard and the State Guard shall, once 138
212	212	activated by the Governor, assist the State Immigration 139
213	213	Enforcement Officer in the implementation of the program. 140
214	214	(4) The division, in coordination with the State 141
215	215	Immigration Enforcement Officer, may adopt rules to implement 142
216	216	the program. 143
217	217	(5) All payments made pursuant to s. 2 of chapter 2023 -3, 144
218	218	Laws of Florida, are deemed approved. Any unexpended balance of 145
219	219	funds appropriated to the Division of Emergency Management under 146
220	220	that section must immediately revert. For the 2024 -2025 fiscal 147
221	221	year, the nonrecurring sum of $350 million from the General 148
222	222	Revenue Fund is appropriated to the Division of Emergency 149
223	223	Management within the Executive Office of the Governor for the 150
224	224
225	225	HB 11A 2025A
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb11a-00
231	231	Page 7 of 7
232	232	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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236	236	Unauthorized Alien Transport Program created by this section. 151
237	237	The unexpended balance of funds remaining on June 30, 2025, 152
238	238	shall revert and is appropriated to the division for fiscal year 153
239	239	2025-2026 for the same purp ose. 154
240	240	Section 3. Chapter 2023-3, Laws of Florida, is repealed. 155
241	241	Section 4. For the 2024-2025 fiscal year, the sum of $3 156
242	242	million in recurring funds is appropriated from the General 157
243	243	Revenue Fund to the Division of Emergency Management, and 12 158
244	244	full-time equivalent positions with associated salary rate of 159
245	245	1,150,000 are authorized, for the purpose of implementing the 160
246	246	Unauthorized Alien Transport Program created by this act. 161
247	247	Section 5. If any provision of this act or its application 162
248	248	to any person or cir cumstance is held invalid, the invalidity 163
249	249	does not affect other provisions or applications of this act 164
250	250	which can be given effect without the invalid provision or 165
251	251	application, and to this end the provisions of this act are 166
252	252	severable. 167
253	253	Section 6. This act shall take effect upon becoming a law. 168