Florida 2025 1st Special Session

Florida House Bill H0017 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 17A 2025A
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb17a-00
9	9	Page 1 of 22
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
11	11
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. 768.28, F.S.; providing that specified 3
17	17	persons and entities are immune from liability for 4
18	18	damages arising from certain causes of action; 5
19	19	requiring the state to indemnify certain elected or 6
20	20	appointed persons; specifying that persons entitled to 7
21	21	indemnification are entitled to representation by the 8
22	22	Attorney General; providing applicability; creating s. 9
23	23	775.101, F.S.; creating a civil cause of action for 10
24	24	victims of any crime committed by aliens und er certain 11
25	25	circumstances against any person who knowingly and 12
26	26	willfully aided or assisted the alien in entering this 13
27	27	state; providing for venue; authorizing the recovery 14
28	28	of specified damages, attorney fees, and costs; 15
29	29	providing affirmative defenses; provid ing a statute of 16
30	30	limitations; providing a directive to the Division of 17
31	31	Law Revision; creating s. 811.101, F.S.; defining the 18
32	32	terms "alien" and "removal"; creating s. 811.102, 19
33	33	F.S.; providing criminal penalties for adult aliens 20
34	34	who knowingly enter or attemp t to enter this state 21
35	35	after entering the United States by eluding or 22
36	36	avoiding examination or inspection by immigration 23
37	37	officers; authorizing the waiver of the term of 24
38	38	imprisonment if the alien agrees to a certain written 25
39	39
40	40	HB 17A 2025A
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb17a-00
46	46	Page 2 of 22
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
48	48
49	49
50	50
51	51	agreement; providing enhanced crimi nal penalties for 26
52	52	second or subsequent convictions; prohibiting the 27
53	53	arrest of aliens under specified circumstances; 28
54	54	providing affirmative defenses; requiring the 29
55	55	detention of an alien arrested for such a violation 30
56	56	pending disposition of the case; specifyin g that such 31
57	57	aliens are not eligible for any civil citation or 32
58	58	other prearrest or postarrest diversion program; 33
59	59	requiring the arresting law enforcement agency to 34
60	60	notify certain entities; requiring the law enforcement 35
61	61	agency with custody of the alien to be r esponsible for 36
62	62	coordinating with the alien to arrange transportation 37
63	63	to the alien's country of destination and for ensuring 38
64	64	that the alien leaves the United States under certain 39
65	65	circumstances; authorizing the Department of Law 40
66	66	Enforcement to adopt rules; c reating s. 811.103, F.S.; 41
67	67	providing criminal penalties for an adult alien who, 42
68	68	after having been denied admission, excluded, 43
69	69	deported, or removed or having departed the United 44
70	70	States while an order of exclusion, deportation, or 45
71	71	removal is outstanding, ther eafter enters, attempts to 46
72	72	enter, or is at any time found in this state; 47
73	73	providing an exception; providing enhanced criminal 48
74	74	penalties for an alien whose arrest for such 49
75	75	violations was after the commission of specified 50
76	76
77	77	HB 17A 2025A
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb17a-00
83	83	Page 3 of 22
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
85	85
86	86
87	87
88	88	offenses; requiring concurrent senten ces; requiring 51
89	89	the detention of an alien arrested for such a 52
90	90	violation pending disposition of the case; specifying 53
91	91	that such aliens are not eligible for any civil 54
92	92	citation or other prearrest or postarrest diversion 55
93	93	program; requiring the arresting law enfo rcement 56
94	94	agency to notify certain entities; requiring the law 57
95	95	enforcement agency with custody of the alien to be 58
96	96	responsible for coordinating with the alien to arrange 59
97	97	transportation to the alien's country of destination 60
98	98	and for ensuring that the alien leav es the United 61
99	99	States under certain circumstances; authorizing the 62
100	100	Department of Law Enforcement to adopt rules; creating 63
101	101	s. 811.104, F.S.; providing criminal penalties for 64
102	102	persons who knowingly and willfully assist certain 65
103	103	aliens who illegally entered or r eentered the United 66
104	104	States; providing affirmative defenses; amending s. 67
105	105	948.012, F.S.; authorizing a defendant who is an alien 68
106	106	to have any term of the defendant's probationary 69
107	107	sentence converted to administrative probation by the 70
108	108	Department of Corrections under specified 71
109	109	circumstances; requiring the department to be 72
110	110	responsible for coordinating with the defendant to 73
111	111	arrange transportation under certain circumstances; 74
112	112	authorizing public funds to be used to procure 75
113	113
114	114	HB 17A 2025A
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb17a-00
120	120	Page 4 of 22
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
122	122
123	123
124	124
125	125	transportation; requiring the court to verif y certain 76
126	126	information in a hearing before the defendant's 77
127	127	departure from the United States; authorizing the 78
128	128	court to issue certain orders; authorizing the 79
129	129	department to adopt rules; providing for severability; 80
130	130	providing an effective date. 81
131	131	82
132	132	Be It Enacted by the Legislature of the State of Florida: 83
133	133	84
134	134	Section 1. Paragraph (a) of subsection (5) of section 85
135	135	768.28, Florida Statutes, is amended, and subsection (21) is 86
136	136	added to that section, to read: 87
137	137	768.28 Waiver of sovereign immunity in tort actions; 88
138	138	recovery limits; civil liability for damages caused during a 89
139	139	riot; limitation on attorney fees; statute of limitations; 90
140	140	exclusions; indemnification; risk management programs. — 91
141	141	(5)(a) Except as expressly provided in this section, the 92
142	142	state and its agencies a nd subdivisions shall be liable for tort 93
143	143	claims in the same manner and to the same extent as a private 94
144	144	individual under like circumstances, but liability may shall not 95
145	145	include punitive damages or interest for the period before 96
146	146	judgment. Neither the state n or its agencies or subdivisions 97
147	147	shall be liable to pay a claim or a judgment by any one person 98
148	148	which exceeds the sum of $200,000 or any claim or judgment, or 99
149	149	portions thereof, which, when totaled with all other claims or 100
150	150
151	151	HB 17A 2025A
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb17a-00
157	157	Page 5 of 22
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
159	159
160	160
161	161
162	162	judgments paid by the state or its agencies or subdivisions 101
163	163	arising out of the same incident or occurrence, exceeds the sum 102
164	164	of $300,000. However, a judgment or judgments may be claimed and 103
165	165	rendered in excess of these amounts and may be settled and paid 104
166	166	pursuant to this act up to $200,000 or $300,000, as the case may 105
167	167	be; and that portion of the judgment that exceeds these amounts 106
168	168	may be reported to the Legislature, but may be paid in part or 107
169	169	in whole only by further act of the Legislature. Notwithstanding 108
170	170	the limited waiver of sovereign immun ity provided herein, the 109
171	171	state or an agency or subdivision thereof may agree, within the 110
172	172	limits of insurance coverage provided, to settle a claim made or 111
173	173	a judgment rendered against it without further action by the 112
174	174	Legislature, but the state or agency or s ubdivision thereof may 113
175	175	shall not be deemed to have waived any defense of sovereign 114
176	176	immunity or to have increased the limits of its liability as a 115
177	177	result of its obtaining insurance coverage for tortious acts in 116
178	178	excess of the $200,000 or $300,000 waiver prov ided above. The 117
179	179	limitations of liability set forth in this subsection shall 118
180	180	apply to the state and its agencies and subdivisions whether or 119
181	181	not the state or its agencies or subdivisions possessed 120
182	182	sovereign immunity before July 1, 1974. 121
183	183	(21)(a) Except as provided by paragraph (d), the state, 122
184	184	its agencies and subdivisions, and their constitutional 123
185	185	officers, officials, employees, and contractors are immune from 124
186	186	liability for damages arising from a cause of action under state 125
187	187
188	188	HB 17A 2025A
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb17a-00
194	194	Page 6 of 22
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	law resulting from an action take n by any official, employee, or 126
200	200	contractor to enforce s. 811.102, s. 811.103, s. 811.104, s. 127
201	201	908.104, s. 908.11, or s. 908.13 during the course and scope of 128
202	202	the respective constitutional officer's, official's, employee's, 129
203	203	or contractor's office, employment , or contractual performance 130
204	204	for or service on behalf of the state, its agencies, or its 131
205	205	subdivisions. 132
206	206	(b) Except as provided by paragraph (d), the state shall 133
207	207	indemnify a constitutional officer, an elected or appointed 134
208	208	state official, or a state employe e or contractor for damages 135
209	209	arising from a cause of action under federal law resulting from 136
210	210	an action taken by the official, employee, or contractor to 137
211	211	enforce s. 811.102, s. 811.103, s. 811.104, s. 908.104, s. 138
212	212	908.11, or s. 908.13 during the course and sc ope of the 139
213	213	respective constitutional officer's, official's, employee's, or 140
214	214	contractor's office, employment, or contractual performance for 141
215	215	or service on behalf of the state, its agencies, or its 142
216	216	subdivisions. 143
217	217	(c) Notwithstanding any other law, an indemni fication 144
218	218	payment made under paragraph (b) is not subject to an 145
219	219	indemnification limit under the laws of the state. 146
220	220	(d) Paragraphs (a) and (b) do not apply if the court or 147
221	221	jury determines that the constitutional officer, state official, 148
222	222	employee, or contractor acted in bad faith, with conscious 149
223	223	indifference, or with recklessness. 150
224	224
225	225	HB 17A 2025A
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb17a-00
231	231	Page 7 of 22
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
233	233
234	234
235	235
236	236	(e) The state shall indemnify a constitutional officer or 151
237	237	a state or local official, employee, or contractor for 152
238	238	reasonable attorney fees incurred in defense of a criminal 153
239	239	prosecution against the constitutional officer, official, 154
240	240	employee, or contractor for an action taken by the officer, 155
241	241	official, employee, or contractor to enforce s. 811.102, s. 156
242	242	811.103, s. 811.104, s. 908.104, s. 908.11, or s. 908.13 during 157
243	243	the course and scope of the constitutional officer's, 158
244	244	official's, employee's, or contractor's office, employment, or 159
245	245	contractual performance for or service on behalf of the state, 160
246	246	its agencies, or its subdivisions. 161
247	247	(f) A constitutional officer, state official, employee, or 162
248	248	contractor entitled to indemnification under paragraph (b) is 163
249	249	entitled to representation by the Attorney General in an action 164
250	250	in connection with which the officer, official, employee, or 165
251	251	contractor may be entitled to such indemnification. 166
252	252	Section 2. Section 775.101, Florida Statutes, is created 167
253	253	to read: 168
254	254	775.101 Civil actions for victims of crimes committed by 169
255	255	aliens.— 170
256	256	(1) A victim of any crime committed by an alien who 171
257	257	illegally entered or reentered the United States and then 172
258	258	entered this state has a civil cause of action against any 173
259	259	person who knowingly and willfully aided or assisted such alien 174
260	260	in entering this state. Such victim may recover damages as 175
261	261
262	262	HB 17A 2025A
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb17a-00
268	268	Page 8 of 22
269	269	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
270	270
271	271
272	272
273	273	provided in this section. 176
274	274	(a) The action may be brought in any circuit court of 177
275	275	competent jurisdiction in this state. 178
276	276	(b) A victim who prevails in any such action may recover 179
277	277	economic and noneconomic damages; punitive damages, as provided 180
278	278	in ss. 768.72, 768.725, and 768.73; reasonable attorney fees; 181
279	279	and costs. 182
280	280	1. Economic damages include, but are not limited to, past 183
281	281	and future medical and mental health expenses and all other 184
282	282	reasonable costs and expenses incurred by the victim or 185
283	283	estimated to be incurred by the victim in the future as a result 186
284	284	of the victim's injuries. 187
285	285	2. Noneconomic damages are nonfinancial losses that would 188
286	286	not have occurred but for the victimization, and include pain 189
287	287	and suffering, inconvenience, physical impairment, mental 190
288	288	anguish, disfigurement, loss of capacity for enjoyment of life, 191
289	289	and other nonfinancial losses. 192
290	290	(c) The civil remedies provided for in this section do not 193
291	291	preempt any other remedy or cause of action provided by law. 194
292	292	(d) The court has specific authority to consolidate civil 195
293	293	actions for the same defendant for the purpose of case 196
294	294	resolution and aggregate jurisdiction. 197
295	295	(2) It is an affirmative defense to a claim brought under 198
296	296	this section if: 199
297	297	(a) The person is a federal, state, or local government 200
298	298
299	299	HB 17A 2025A
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb17a-00
305	305	Page 9 of 22
306	306	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
307	307
308	308
309	309
310	310	employee working within the course and scope of his or her 201
311	311	employment and the aid or assistance provided t o an alien is 202
312	312	limited to the aid or assistance authorized by the governmental 203
313	313	entity for which the person works; or 204
314	314	(b) The person is an agent or works for an entity under 205
315	315	contract with a federal, state, or local government to provide 206
316	316	services to persons, including aliens, and the aid or assistance 207
317	317	provided to an alien is limited to the aid or assistance 208
318	318	authorized by the government explicitly in that contract, 209
319	319	memorandum of understanding, appendix, or other written document 210
320	320	or direction. 211
321	321	(3) The statute of limitations as specified in s. 95.11(7) 212
322	322	or (9), as applicable, governs an action brought under this 213
323	323	section. 214
324	324	Section 3. The Division of Law Revision is directed to 215
325	325	create chapter 811, to be entitled "ALIENS, NATIONALITY, AND 216
326	326	IMMIGRATION," consisti ng of ss. 811.101, 811.102, 811.103, and 217
327	327	811.104, Florida Statutes. 218
328	328	Section 4. Section 811.101, Florida Statutes, is created 219
329	329	to read: 220
330	330	811.101 Definitions. —As used in this chapter, the term: 221
331	331	(1) "Alien" has the same meaning as in 8 U.S.C. s. 1101, 222
332	332	as that provision existed on January 1, 2023. 223
333	333	(2) "Removal" means the departure from the United States 224
334	334	of an alien after any proceeding under 8 U.S.C. ss. 1225, 1228, 225
335	335
336	336	HB 17A 2025A
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb17a-00
342	342	Page 10 of 22
343	343	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
344	344
345	345
346	346
347	347	1229, or 1229a or any agreement in which an alien stipulates to 226
348	348	departure from the Unite d States as part of a criminal 227
349	349	proceeding under either federal or state law. 228
350	350	Section 5. Section 811.102, Florida Statutes, is created 229
351	351	to read: 230
352	352	811.102 Illegal entry by adult alien into this state. — 231
353	353	(1)(a) An alien who is more than 18 years of age a nd who 232
354	354	knowingly enters or attempts to enter this state after entering 233
355	355	the United States by eluding or avoiding examination or 234
356	356	inspection by immigration officers commits a misdemeanor of the 235
357	357	first degree, punishable as provided in s. 775.082 or s. 236
358	358	775.083. Such person must be sentenced to a minimum term of 237
359	359	imprisonment of 9 months. 238
360	360	(b) The term of imprisonment may be waived at any time 239
361	361	before or after conviction if the alien agrees in writing to 240
362	362	return voluntarily to the alien's country of origin or other wise 241
363	363	leave the United States and the alien leaves the United States. 242
364	364	(2) An alien commits a felony of the third degree, 243
365	365	punishable as provided in s. 775.082, s. 775.083, or s. 775.084 244
366	366	if he or she: 245
367	367	(a) Is older than 18 years of age; 246
368	368	(b) Knowingly enters or attempts to enter this state after 247
369	369	entering the United States by eluding or avoiding examination or 248
370	370	inspection by immigration officer; and 249
371	371	(c) Has one conviction for violating this section. 250
372	372
373	373	HB 17A 2025A
374	374
375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb17a-00
379	379	Page 11 of 22
380	380	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
381	381
382	382
383	383
384	384	251
385	385	Such person must be sentenced to a minimum term of im prisonment 252
386	386	of 1 year and 1 day. Any term of probation imposed in addition 253
387	387	to the term of imprisonment may be converted by the trial court 254
388	388	into administrative probation if the alien agrees at the time of 255
389	389	sentencing to return voluntarily to the alien's count ry of 256
390	390	origin or otherwise leave the United States and the alien leaves 257
391	391	the United States. 258
392	392	(3) An alien commits a felony of the third degree, 259
393	393	punishable as provided in s. 775.082, s. 775.083, or s. 775.084 260
394	394	if he or she: 261
395	395	(a) Is older than 18 years of age ; 262
396	396	(b) Knowingly enters or attempts to enter this state after 263
397	397	entering the United States by eluding or avoiding examination or 264
398	398	inspection by immigration officers; and 265
399	399	(c) Has two or more convictions for violating this 266
400	400	section. 267
401	401	268
402	402	Such person must be sentenced to a minimum term of imprisonment 269
403	403	of 2 years. Any term of probation imposed in addition to the 270
404	404	term of imprisonment may be converted by the trial court into 271
405	405	administrative probation if the alien agrees at the time of 272
406	406	sentencing to return voluntar ily to the alien's country of 273
407	407	origin or otherwise leave the United States and the alien leaves 274
408	408	the United States. 275
409	409
410	410	HB 17A 2025A
411	411
412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb17a-00
416	416	Page 12 of 22
417	417	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
418	418
419	419
420	420
421	421	(4) An alien may not be subject to arrest for a violation 276
422	422	of this section if the alien was encountered by law enforcement 277
423	423	in this state during the investigation of another crime that 278
424	424	occurred in this state and the alien witnessed or reported that 279
425	425	crime or was a victim of that crime. 280
426	426	(5) It is an affirmative defense to prosecution under this 281
427	427	section if: 282
428	428	(a) The Federal Government has grante d the alien lawful 283
429	429	presence in the United States or discretionary relief that 284
430	430	allows the alien to remain in the United States temporarily or 285
431	431	permanently; 286
432	432	(b) The alien is subject to relief under the Cuban 287
433	433	Adjustment Act of 1966; or 288
434	434	(c) The alien's entr y into the United States did not 289
435	435	constitute a violation of 8 U.S.C. s. 1325(a). 290
436	436	(6) Notwithstanding any other law, and unless release is 291
437	437	otherwise required by the State Constitution or the United 292
438	438	States Constitution, an alien arrested for a violation of this 293
439	439	section must be detained pending disposition of the case because 294
440	440	no conditions of release can reasonably assure the presence of 295
441	441	the alien at trial. 296
442	442	(7) An alien charged with violating this section is not 297
443	443	eligible for any civil citation or other prea rrest or postarrest 298
444	444	diversion program, including, but not limited to, a program 299
445	445	pursuant to s. 901.41, s. 921.00241, or other similar program. 300
446	446
447	447	HB 17A 2025A
448	448
449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
452	452	hb17a-00
453	453	Page 13 of 22
454	454	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
455	455
456	456
457	457
458	458	(8) At the time of arrest for a violation of this section, 301
459	459	the law enforcement agency making the arrest shall n otify: 302
460	460	(a) Immigration and Customs Enforcement of the United 303
461	461	States Department of Homeland Security and provide that agency 304
462	462	information relating to the alien; and 305
463	463	(b) The Department of Law Enforcement and provide that 306
464	464	agency information relating to the alien, which must include 307
465	465	fingerprints, photographs, and any other biometric information 308
466	466	necessary to identify the alien in the future, and the costs 309
467	467	associated with the arrest, detention, supervision, and 310
468	468	transportation of the alien for a violation of th is section. 311
469	469	(9) If an alien agrees to return voluntarily to the 312
470	470	alien's country of origin or otherwise leave the United States 313
471	471	in accordance with this section, the law enforcement agency with 314
472	472	custody of the alien shall be responsible, consistent with sta te 315
473	473	and federal law, for coordinating with the alien to arrange 316
474	474	transportation to the alien's country of destination and for 317
475	475	ensuring that the alien leaves the United States. Public funds 318
476	476	may be used to procure transportation as necessary. If the alien 319
477	477	fails to depart the United States for any reason, any term of 320
478	478	imprisonment or probation for which the alien has been sentenced 321
479	479	and which has not been served must be reinstated. Before the 322
480	480	alien's departure from the United States, the court exercising 323
481	481	jurisdiction in the case shall verify in a hearing that the 324
482	482	alien consents to depart the United States, that such consent is 325
483	483
484	484	HB 17A 2025A
485	485
486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
489	489	hb17a-00
490	490	Page 14 of 22
491	491	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
492	492
493	493
494	494
495	495	knowing and voluntary, and that failure to depart for any reason 326
496	496	will result in reinstatement of any term of imprisonment or 327
497	497	probation for which the alien has been sentenced and which has 328
498	498	not been served. The court may issue any orders, consistent with 329
499	499	state and federal law, necessary to effectuate the alien's 330
500	500	voluntary departure from the United States. 331
501	501	(10) The Department of Law Enforcement may adopt rules to 332
502	502	implement this section. 333
503	503	Section 6. Section 811.103, Florida Statutes, is created 334
504	504	to read: 335
505	505	811.103 Illegal reentry of an adult alien. — 336
506	506	(1) An alien commits a felony of the third degree, 337
507	507	punishable as provided in s. 775.082, s. 77 5.083, or s. 775.084 338
508	508	if he or she: 339
509	509	(a) Is 18 years of age or older; 340
510	510	(b) After having been denied admission, excluded, 341
511	511	deported, or removed or having departed the United States while 342
512	512	an order of exclusion, deportation, or removal is outstanding; 343
513	513	and 344
514	514	(c) Thereafter enters, attempts to enter, or is at any 345
515	515	time found in this state, unless before the alien's 346
516	516	reembarkation at a place outside the United States or his or her 347
517	517	application for admission from a foreign contiguous territory: 348
518	518	1. The Attorney Gene ral of the United States expressly 349
519	519	consented to such alien's reapplying for admission; or 350
520	520
521	521	HB 17A 2025A
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb17a-00
527	527	Page 15 of 22
528	528	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
529	529
530	530
531	531
532	532	2. With respect to an alien previously denied admission 351
533	533	and removed, unless such alien establishes that the alien was 352
534	534	not required to obtain such advance consent un der the 353
535	535	Immigration and Nationality Act, as amended. 354
536	536	355
537	537	Such alien must be sentenced to a minimum term of imprisonment 356
538	538	of 1 year and 1 day. Any term of probation imposed in addition 357
539	539	to the terms of imprisonment may be converted by the trial court 358
540	540	into administrative probation if the alien agrees at the time of 359
541	541	sentencing to return voluntarily to the alien's country of 360
542	542	origin or otherwise leave the United States and the alien leaves 361
543	543	the United States. 362
544	544	(2) Notwithstanding subsection (1), in the case of any 363
545	545	alien described in subsection (1): 364
546	546	(a) Whose arrest under subsection (1) was subsequent to a 365
547	547	conviction for the commission of three or more misdemeanors or a 366
548	548	felony other than an aggravated felony as defined by federal law 367
549	549	or a violent felony under state l aw commits a felony of the 368
550	550	third degree, punishable as provided in s. 775.082, s. 775.083, 369
551	551	or s. 775.084. Such person must be sentenced to a minimum term 370
552	552	of imprisonment of 2 years. Any term of probation imposed in 371
553	553	addition to the term of imprisonment may be converted by the 372
554	554	trial court into administrative probation if the alien agrees at 373
555	555	the time of sentencing to return voluntarily to the alien's 374
556	556	country of origin or otherwise leave the United States and the 375
557	557
558	558	HB 17A 2025A
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb17a-00
564	564	Page 16 of 22
565	565	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
566	566
567	567
568	568
569	569	alien leaves the United States. 376
570	570	(b) Whose arrest under subsection (1) was subsequent to a 377
571	571	conviction for the commission of an aggravated felony as defined 378
572	572	by federal law or a violent felony under state law commits a 379
573	573	felony of the second degree, punishable as provided in s. 380
574	574	775.082, s. 775.083, or s. 7 75.084. Such person must be 381
575	575	sentenced to a minimum term of imprisonment of 5 years. Any term 382
576	576	of probation imposed in addition to the term of imprisonment may 383
577	577	be converted by the trial court into administrative probation if 384
578	578	the alien agrees at the time of s entencing to return voluntarily 385
579	579	to the alien's country of origin or otherwise leave the United 386
580	580	States and the alien leaves the United States. 387
581	581	(3) Any sentence imposed under this section must run 388
582	582	concurrently with the sentence imposed for any other crimin al 389
583	583	conviction. 390
584	584	(4) Notwithstanding any other law, and unless release is 391
585	585	otherwise required by the State Constitution or the United 392
586	586	States Constitution, an alien arrested for a violation of this 393
587	587	section must be detained pending disposition of the case bec ause 394
588	588	no conditions of release can reasonably assure the presence of 395
589	589	the alien at trial. 396
590	590	(5) An alien charged with violating this section is not 397
591	591	eligible for any civil citation or other prearrest or postarrest 398
592	592	diversion program, including, but not limited to, a program 399
593	593	pursuant to s. 901.41, s. 921.00241, or other similar program. 400
594	594
595	595	HB 17A 2025A
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb17a-00
601	601	Page 17 of 22
602	602	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
603	603
604	604
605	605
606	606	(6) At the time of arrest, the law enforcement agency 401
607	607	making the arrest must notify: 402
608	608	(a) Immigration and Customs Enforcement of the United 403
609	609	States Department of Homeland Security and provide that agency 404
610	610	information relating to the alien; and 405
611	611	(b) The Department of Law Enforcement and provide that 406
612	612	agency information relating to the alien, which must include 407
613	613	fingerprints, photographs, and any other biometric information 408
614	614	necessary to identify the alien in the future, and the costs 409
615	615	associated with the arrest, detention, supervision, and 410
616	616	transportation of the alien for a violation of this section. 411
617	617	(7) If an alien agrees to return voluntarily to the 412
618	618	alien's country of origin o r otherwise leave the United States 413
619	619	in accordance with this section, the law enforcement agency with 414
620	620	custody of the alien shall be responsible, consistent with state 415
621	621	and federal law, for coordinating with the alien to arrange 416
622	622	transportation to the alien's country of destination and for 417
623	623	ensuring that the alien leaves the United States. Public funds 418
624	624	may be used to procure transportation as necessary. If the alien 419
625	625	fails to depart the United States for any reason, any term of 420
626	626	imprisonment or probation for which the alien has been sentenced 421
627	627	and which has not been served must be reinstated. Before the 422
628	628	alien's departure from the United States, the court exercising 423
629	629	jurisdiction in the case shall verify in a hearing that the 424
630	630	alien consents to depart the United States , that such consent is 425
631	631
632	632	HB 17A 2025A
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb17a-00
638	638	Page 18 of 22
639	639	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
640	640
641	641
642	642
643	643	knowing and voluntary, and that failure to depart for any reason 426
644	644	will result in reinstatement of any term of imprisonment or 427
645	645	probation for which the alien has been sentenced and which has 428
646	646	not been served. The court may issue any orde rs, consistent with 429
647	647	state and federal law, necessary to effectuate the alien's 430
648	648	voluntary departure from the United States. 431
649	649	(8) The Department of Law Enforcement may adopt rules to 432
650	650	implement this section. 433
651	651	Section 7. Section 811.104, Florida Statutes, is created 434
652	652	to read: 435
653	653	811.104 Illegal aid or support to an alien. — 436
654	654	(1) A person who knowingly and willfully aids or assists 437
655	655	any alien who illegally entered or reentered the United States 438
656	656	and then entered this state in violation of s. 811.102 or s. 439
657	657	811.103, or who connives or conspires with any person or persons 440
658	658	to allow, procure, or allow any such alien to enter this state 441
659	659	after illegally entering or reentering the United States in 442
660	660	violation of s. 811.102 or s. 811.103 commits a felony of the 443
661	661	third degree, punishable as provided in s. 775.082, s. 775.083, 444
662	662	or s. 775.084. 445
663	663	(2) It is an affirmative defense to prosecution under this 446
664	664	section if: 447
665	665	(a) The person is a federal, state, or local government 448
666	666	employee working within the course and scope of his or her 449
667	667	employment and the aid or assistance provided to an alien is 450
668	668
669	669	HB 17A 2025A
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb17a-00
675	675	Page 19 of 22
676	676	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
677	677
678	678
679	679
680	680	limited to the aid or assistance authorized by the governmental 451
681	681	entity for which the person works; or 452
682	682	(b) The person is an agent or works for an entity under 453
683	683	contract with a federal, sta te, or local government office or 454
684	684	agency to provide services to persons, including aliens, and the 455
685	685	aid or assistance provided to an alien is limited to the aid or 456
686	686	assistance authorized by the government explicitly in that 457
687	687	contract, memorandum of understand ing, appendix, or other 458
688	688	written document or direction. 459
689	689	Section 8. Present subsection (6) of section 948.012, 460
690	690	Florida Statutes, is redesignated as subsection (7), a new 461
691	691	subsection (6) is added to that section, and subsection (1) of 462
692	692	that section is amend ed, to read: 463
693	693	948.012 Split sentence of probation or community control 464
694	694	and imprisonment.— 465
695	695	(1) If punishment by imprisonment for a misdemeanor or a 466
696	696	felony, except for a capital felony, is prescribed, the court 467
697	697	may, at the time of sentencing, impose a spl it sentence whereby 468
698	698	the defendant is to be placed on probation or, with respect to 469
699	699	any such felony, into community control upon completion of any 470
700	700	specified period of such sentence which may include a term of 471
701	701	years or less. In such case, the court shall sta y and withhold 472
702	702	the imposition of the remainder of sentence imposed upon the 473
703	703	defendant and direct that the defendant be placed upon probation 474
704	704	or into community control after serving such period as may be 475
705	705
706	706	HB 17A 2025A
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb17a-00
712	712	Page 20 of 22
713	713	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
714	714
715	715
716	716
717	717	imposed by the court. Except as provided in s. 944.47 31(2)(b) 476
718	718	and subsection (7) (6), the period of probation or community 477
719	719	control shall commence immediately upon the release of the 478
720	720	defendant from incarceration, whether by parole or gain -time 479
721	721	allowances. 480
722	722	(6)(a) Effective for offenses committed on or after March 481
723	723	31, 2025, a defendant who is an alien as defined in s. 811.101 482
724	724	may have any term of the defendant's probationary sentence 483
725	725	converted to administrative probation by the Department of 484
726	726	Corrections if: 485
727	727	1. The United States Department of Homeland Securit y 486
728	728	detains the defendant upon the termination of his or her 487
729	729	sentence of imprisonment and deports the defendant; or 488
730	730	2. The defendant agrees to return voluntarily to the 489
731	731	defendant's country of origin or otherwise leave the United 490
732	732	States and not return to th is state unless and until the term of 491
733	733	his or her probation expires and he or she is lawfully admitted 492
734	734	to the United States. 493
735	735	(b) If the defendant agrees to return voluntarily to the 494
736	736	defendant's country of origin or otherwise leave the United 495
737	737	States in accordance with this section, the Department of 496
738	738	Corrections shall be responsible, consistent with state and 497
739	739	federal law, for coordinating with the defendant to arrange 498
740	740	transportation to the defendant's country of destination and for 499
741	741	ensuring that the defendan t leaves the United States. Public 500
742	742
743	743	HB 17A 2025A
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb17a-00
749	749	Page 21 of 22
750	750	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
751	751
752	752
753	753
754	754	funds may be used to procure transportation, as necessary. 501
755	755	Before the defendant's departure from the United States, the 502
756	756	court exercising jurisdiction in the case shall verify in a 503
757	757	hearing that the defendant consents to de part the United States, 504
758	758	that such consent is knowing and voluntary, and that failure to 505
759	759	depart for any reason will result in imprisonment for any 506
760	760	remaining term of imprisonment to the maximum term of 507
761	761	imprisonment that could have been imposed for the offens e of 508
762	762	conviction. The court may issue any orders, consistent with 509
763	763	state and federal law, necessary to effectuate the defendant's 510
764	764	voluntary departure from the United States. If a defendant 511
765	765	returns to the United States after being deported, or after 512
766	766	returning voluntarily to his or her country of destination under 513
767	767	this section during the term of his or her probation, without 514
768	768	being lawfully admitted to the United States, the defendant must 515
769	769	be sentenced to the maximum term of imprisonment for any 516
770	770	remaining term of imprisonment that could have been imposed for 517
771	771	the offense of conviction. Any term of imprisonment for any 518
772	772	subsequently committed criminal offense must run consecutively 519
773	773	to the term of imprisonment required by this subsection. 520
774	774	(c) The Department of Corr ections may adopt rules to 521
775	775	implement this section. 522
776	776	Section 9. If any provision of this act or its application 523
777	777	to any person or circumstance is held invalid, the invalidity 524
778	778	does not affect other provisions or applications of this act 525
779	779
780	780	HB 17A 2025A
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb17a-00
786	786	Page 22 of 22
787	787	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
788	788
789	789
790	790
791	791	which can be given effect without the invalid provisions or 526
792	792	application, and to this end the provisions of this act are 527
793	793	severable. 528
794	794	Section 10. This act shall take effect upon becoming a 529
795	795	law. 530