Florida Senate - 2025 SB 14-A By Senator Ingoglia 11-00017-25A 202514A__ 1 A bill to be entitled 2 An act relating to combatting illegal immigration; 3 amending s. 908.11, F.S.; requiring each state and 4 county law enforcement agency, and any other law 5 enforcement agency with more than 25 sworn or 6 certified law enforcement officers, to enter into a 7 written agreement with the United States Immigration 8 and Customs Enforcement to participate in a certain 9 immigration program; requiring participation in every 10 program model offered by the Federal Government for 11 which the law enforcement agency qualifies; 12 authorizing a waiver from the requirement under 13 certain circumstances; requiring each law enforcement 14 agency, by a specified date, to notify the State 15 Immigration Enforcement Officer quarterly of the 16 status of such agreement; requiring the head of the 17 law enforcement agency under whose jurisdiction an 18 officer is serving to provide the consent required by 19 a specified action; requiring all state and county law 20 enforcement agencies, and any other law enforcement 21 agency with more than 25 sworn or certified law 22 enforcement officers, to ensure at least a certain 23 percent of their sworn law enforcement officers are 24 available to perform or exercise the powers, 25 privileges, or duties of an immigration officer; 26 requiring law enforcement agencies to report 27 compliance to the State Immigration Enforcement 28 Officer; authorizing a law enforcement agency to seek 29 reimbursement from alternative sources if the Federal 30 Government does not fund certain training; specifying 31 that the unavailability of such funds excuses 32 compliance with specified provisions; providing for 33 the suspension of the head of any law enforcement 34 agency by the Governor under certain circumstances; 35 authorizing the Division of Emergency Management, in 36 coordination with the State Immigration Enforcement 37 Officer, to adopt rules; creating s. 908.13, F.S.; 38 creating the Unauthorized Alien Transport Program 39 within the division; specifying the purpose of the 40 program; specifying that the program is to be run by 41 the State Immigration Enforcement Officer; requiring 42 the division to provide resources, administrative 43 support, and services to the State Immigration 44 Enforcement Officer; requiring the National Guard and 45 the State Guard to assist the State Immigration 46 Enforcement Officer in the implementation of the 47 program; authorizing the division, in coordination 48 with the State Immigration Enforcement Officer, to 49 adopt rules; providing that all payments made pursuant 50 to specified provisions are deemed approved; repealing 51 chapter 2023-3, Laws of Florida, relating to the 52 Unauthorized Alien Transport Program; providing an 53 appropriation; providing for severability; providing 54 an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1.Section 908.11, Florida Statutes, is amended to 59 read: 60 908.11Immigration enforcement assistance agreements; 61 reporting requirement. 62 (1)By January 1, 2023, Each state and county law 63 enforcement agency, and any other law enforcement agency with 64 more than 25 sworn or certified law enforcement officers, 65 operating a county detention facility must enter into a written 66 agreement with the United States Immigration and Customs 67 Enforcement to participate in the immigration program 68 established under s. 287(g) of the Immigration and Nationality 69 Act, 8 U.S.C. s. 1357, and to participate in each program model 70 that is available to the agency and for which the agency 71 qualifies. A law enforcement agency may request a waiver from 72 this requirement from the State Immigration Enforcement Officer 73 for any applicable program upon showing that the agency lacks 74 the resources to participate in the program or that 75 participation in the program would otherwise undermine public 76 safety. This subsection does not require a law enforcement 77 agency to participate in a particular program model. 78 (2)Beginning no later than July 1, 2025 October 1, 2022, 79 and until the law enforcement agency enters into the written 80 agreement required under subsection (1), each law enforcement 81 agency shall operating a county detention facility must notify 82 the State Immigration Enforcement Officer Department of Law 83 Enforcement quarterly of the status of its compliance with 84 subsection (1) such written agreement and any reason for 85 noncompliance with this section, if applicable. 86 (3)If the Federal Government authorizes any law 87 enforcement officer in this state to perform or exercise the 88 powers, privileges, or duties of an immigration officer or 89 employee under s. 103(a)(10) of the Immigration and Nationality 90 Act, 8 U.S.C. s. 1103, the head of the law enforcement agency 91 under whose jurisdiction the officer is serving must provide the 92 consent required by that section. The agency head shall report 93 such consent to the State Immigration Enforcement Officer. 94 (4)All state and county law enforcement agencies, and any 95 other law enforcement agency with more than 25 sworn or 96 certified law enforcement officers, shall ensure at least 10 97 percent of their sworn and certified law enforcement officers 98 are available to perform or exercise the powers, privileges, or 99 duties of an immigration officer authorized under s. 103(a)(10) 100 of the Immigration and Nationality Act, 8 U.S.C. s. 1103, or any 101 other applicable federal law. Law enforcement agencies shall 102 report compliance with this subsection to the State Immigration 103 Enforcement Officer. 104 (5)If the Federal Government does not fund the training 105 that is required by federal law and is necessary to comply with 106 this section, the law enforcement agency may seek reimbursement, 107 subject to available funds, from the Unauthorized Alien 108 Transport Program authorized under s. 908.13 or, subject to a 109 declared state of emergency, from the Emergency Preparedness and 110 Response Fund under s. 252.3711. The unavailability of such 111 funds shall excuse compliance with this section. 112 (6)Any head of a law enforcement agency who, in the 113 judgment of the Governor, acts in bad faith and fails to comply 114 with any provision of this section is subject to suspension by 115 the Governor under s. 112.48, s. 112.51, s. 112.511, or s. 116 112.52. 117 (7)The Division of Emergency Management, in coordination 118 with the State Immigration Enforcement Officer, may adopt rules 119 to implement this section. 120 Section 2.Section 908.13, Florida Statutes, is created to 121 read: 122 908.13Unauthorized Alien Transport Program. 123 (1)The Unauthorized Alien Transport Program is created 124 within the Division of Emergency Management within the Executive 125 Office of the Governor for the purpose of facilitating 126 immigration enforcement consistent with federal law, including, 127 but not limited to, detention, transportation, and deportation. 128 Notwithstanding s. 287.057, the division is authorized to 129 contract for services to implement the program. 130 (2)The program shall be run by the State Immigration 131 Enforcement Officer, who shall be appointed by and serve at the 132 pleasure of the Governor. The State Immigration Enforcement 133 Officer shall be responsible for overseeing this states 134 immigration enforcement activities in cooperation with the 135 Federal Government. The Division of Emergency Management shall 136 provide resources, administrative support, and services to the 137 extent requested by the State Immigration Enforcement Officer. 138 (3)The National Guard and the State Guard shall, once 139 activated by the Governor, assist the State Immigration 140 Enforcement Officer in the implementation of the program. 141 (4)The division, in coordination with the State 142 Immigration Enforcement Officer, may adopt rules to implement 143 the program. 144 (5)All payments made pursuant to s. 2 of chapter 2023-3, 145 Laws of Florida, are deemed approved. Any unexpended balance of 146 funds appropriated to the Division of Emergency Management under 147 that section must immediately revert. For the 2024-2025 fiscal 148 year, the nonrecurring sum of $350 million from the General 149 Revenue Fund is appropriated to the Division of Emergency 150 Management within the Executive Office of the Governor for the 151 Unauthorized Alien Transport Program created by this section. 152 The unexpended balance of funds remaining on June 30, 2025, 153 shall revert and is appropriated to the division for fiscal year 154 2025-2026 for the same purpose. 155 Section 3.Chapter 2023-3, Laws of Florida, is repealed. 156 Section 4.For the 2024-2025 fiscal year, the sum of $3 157 million in recurring funds is appropriated from the General 158 Revenue Fund to the Division of Emergency Management, and 12 159 full-time equivalent positions with associated salary rate of 160 1,150,000 are authorized, for the purpose of implementing the 161 Unauthorized Alien Transport Program created by this act. 162 Section 5.If any provision of this act or its application 163 to any person or circumstance is held invalid, the invalidity 164 does not affect other provisions or applications of this act 165 which can be given effect without the invalid provision or 166 application, and to this end the provisions of this act are 167 severable. 168 Section 6.This act shall take effect upon becoming a law.