The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: SB 2-B
INTRODUCER: Senator Gruters
SUBJECT: Immigration
DATE: January 27, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stokes Sadberry AP Pre-meeting
I. Summary:
SB 2-B, the Tackling and Reforming Unlawful Migration Policy (TRUMP) Act, strengthens the
state’s approach to illegal immigration by providing for coordination within the state and with
federal immigration agencies.
Chief Immigration Officer
The bill designates the Commissioner of Agriculture as the chief immigration officer. This
position is essential to facilitating coordination, assistance, and communication between the
Federal Government, state entities, local governmental entities, and law enforcement agencies
regarding the enforcement of federal immigration laws. The bill creates several responsibilities
for the chief immigration officer, including:
• Serving as the state’s official liaison between state entities, local governmental entities, and
law enforcement agencies and the Federal Government regarding the enforcement of federal
immigration laws;
• Providing recommendations to the legislature to improve assistance and coordination with
the Federal Government on immigration;
• Reporting to the Legislature, no later than March 15, 2025, the number of vacant beds
available in correctional facilities and county jails that can be sublet to the U.S. Immigration
and Customs Enforcement (ICE);
• Serving as the state’s “authorized state officer” under the Laken Riley Act; and
• Having the sole authority to issue a state of emergency related to illegal immigration, illegal
migration, or immigration enforcement.
Office of State Immigration Enforcement
The bill creates the Office of State Immigration Enforcement (Office) within the Division of Law
Enforcement under the Department of Agriculture and Consumer Services (DACS). The purpose
of the office is to aid the chief immigration officer by:
REVISED: BILL: SB 2-B Page 2
• Encouraging cooperation with the Federal Government to support the enforcement of federal
immigration laws to the maximum extent permissible under federal law across the State of
Florida.
• Serving as the central point of coordination between federal immigration agencies, state
entities, local governmental entities, and law enforcement agencies regarding the
enforcement of federal immigration laws.
Various duties and responsibilities regarding employment verification and other matters of
immigration are transferred to the Office, including the Unauthorized Alien Transport program
under the Division of Emergency Management within the Executive Office of the Governor.
References related to immigration are removed from provisions of ch. 943, F.S., and Florida
Department of Law Enforcement (FDLE) is required to coordinate with the Office or the chief
immigration officer when dealing with federal matters of immigration.
State Immigration Enforcement Council
The bill creates the State Immigration Enforcement Council (Council), made up of seven sheriffs
four police chiefs, appointed by the chief immigration officer, and the executive director of the
FDLE. The purpose of the Council is to advise the chief immigration officer and includes duties
such as:
• Providing recommendations on the resources necessary to aid local law enforcement
agencies in the cooperation and coordination with the Federal Government, including
financial and training needs.
• Providing recommendations to enhance information sharing between the state entities, local
entities, law enforcement agencies, and the Federal Government.
• Providing recommendations on strategies to increase the number of available detention beds
for use by the ICE.
Local Law Enforcement Immigration Grant Program
The bill creates the Local Law Enforcement Immigration Grant Program to award grants to
support local law enforcement agencies’ cooperation and coordination with federal immigration
agencies. The Office must annually award any funds specifically appropriated for the grant
program to reimburse expenses related to supporting the enforcement of federal immigration
laws, including, but not limited to:
• The subletting of detention beds to the ICE;
• Equipment;
• Travel, lodging, and training programs; and
• Certified apprenticeship programs.
Other Immigration Provisions
The bill mandates that every unit of government, including its officers, public-private
organizations, and others that contract or act on behalf of any public agency has a duty and an
obligation to cooperate to the fullest extent possible with the Federal Government in the
enforcement of federal immigration laws and the protection of the borders of the United States.
BILL: SB 2-B Page 3
Criminal Justice Provisions
The bill makes various changes to criminal penalties and pretrial release procedures. These
changes include:
• Reclassifying misdemeanor crimes if the defendant has previously been convicted of
unlawful reentry;
• Creating a new third degree felony if a noncitizen votes;
• Creating a new felony for aiding or soliciting a noncitizen to vote;
• Adding aiding or soliciting a noncitizen to vote to the list of crimes that may constitute
racketeering activity; and
• Ranking specified crimes related to noncitizens voting.
The bill requires law enforcement to:
• Comply with an immigration detainer if such a detainer has been placed on a defendant;
• Notify the state attorney of such detainer; and
• Provide a list of all inmates booked into a detention facility upon request by the federal
government.
The bill makes changes to exceptions to reporting a person’s information to the Federal
Government if such person is a witness or victim of a crime. The changes ensure that the crime
occurred in the United States and that such witness or victim is necessary to the investigation or
prosecution.
Additionally, the court must consider a defendant’s immigration status when determining
whether to release a defendant on bail or other release conditions. Immigration status must also
be investigated or verified before a person may be released on nonmonetary conditions. The bill
also requires the arresting agency to notify the state attorney of a person’s immigration status
when such person is arrested and charged with a crime for which pretrial detention could be
ordered.
Driver License and Vehicles
The bill clarifies proof of identity for driver licenses, titles, and registrations by defining valid
passports issued by foreign governments. The bill also requires a person who becomes a U.S.
citizen to obtain a replacement driver license within 30 days of becoming a citizen.
Out-of-State Fee Waivers
The bill modifies the eligibility for an out-of-state fee waiver at a public postsecondary
institution. Beginning July 1, 2025, a student must be a citizen of the United States or lawfully
present in the United States to receive the fee waiver, in addition to other requirements. Public
postsecondary institutions must, beginning July 1, 2025, reevaluate all students currently
receiving the waiver to determine continued eligibility.
BILL: SB 2-B Page 4
Fiscal Impact
The bill will have a significant fiscal impact on the DACS and an indeterminate fiscal impact on
state revenue due to changes related to tuition waivers. Additionally, the bill will have an
indeterminate fiscal impact on local jails and the DOC due to additional or increased penalties.
For the 2024-2025 fiscal year, the sums of $20,562,630 in recurring funds and $484,467,609 in
nonrecurring funds are appropriated from the General Revenue Fund to the DACS to implement
this act. See Section V., Fiscal Impact Statement.
Except as otherwise provided by the act, it takes effect upon becoming a law.
II. Present Situation:
Federal Immigration Policy & Background
The Federal Government is responsible for establishing and enforcing immigration laws.
Congress has enacted legislation, which the federal courts have interpreted, and the body of
immigration law has developed. The responsibility for enforcing immigration laws rests with the
Department of Homeland Security’s (DHS) U.S. Immigration and Customs Enforcement (ICE)
and its Enforcement and Removal Operations. It is the mission of Enforcement and Removal
Operations to identify, apprehend, and remove aliens who are a risk to national security or public
safety, enter the country illegally, or seek to undermine the integrity of the country’s immigration
laws or border control efforts.
1
Immigration Enforcement Encounters
Over the last 4 federal fiscal years (FFY),
2
the U.S. Border Patrol and Office of Field Operations
has recorded close to 11.5 million enforcement encounters as described in the table below.
3
These actions refer to actions involving individuals “encountered at ports of entry who are
seeking lawful admission into the United States but are determined to be inadmissible,
individuals presenting themselves to seek humanitarian protection under our laws, and
individuals who withdraw an application for admission and return to their countries of origin
within a short timeframe.”
4
The total also includes encounters that led to apprehensions or
expulsions; apprehensions refer to individuals who were physically controlled or temporarily
detained due to being unlawfully present in the United States.
5
Enforcement FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
Total
Enforcement
Encounters
646,822 1,956,519 2,766,582 3,201,144 2,901,142
1
U.S. Immigration and Customs Enforcement, Department of Homeland Security, Enforcement and Removal Operations,
Mission, available at https://www.ice.gov/about-ice/ero (last visited January 23, 2025).
2
Id. The federal fiscal year is October 1 to September 30 of the next calendar year.
3
U.S. Customs and Border Protection, Department of Homeland Security, Total CBP Enforcement Actions, available at
https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics (last visited January 23, 2025).
4
Id. at note 1.
5
Id. at notes 1 and 2. BILL: SB 2-B Page 5
In addition to the approximately 11.5 million enforcement encounters, the U.S. Customs and
Border Protection has recorded roughly 2 million known “gotaways” since the beginning of FFY
2021, but the actual number of gotaways may be 20 percent greater.
6
Gotaways are individuals
who have evaded detection and attempts at verifying their identities or backgrounds.
Immigration Hearings
Though they may be removed at some point, many inadmissible aliens are released or paroled
into the United States after an enforcement encounter. Under federal law, an inadmissible alien is
an alien who is generally ineligible to receive a visa or ineligible to be admitted to the United
States for specified reasons.
7
Those released or paroled include hundreds of thousands of
inadmissible aliens who have scheduled appointments through the CBP One app.
8
This app,
disabled by the new federal administration on January 20, 2025, was used for scheduling
appointments for asylum processing at points of entry along the southwest border.
9
Many illegal immigrants who are released into the United States are given hearing dates at an
immigration court of the U.S. Department of Justice’s Executive Office for Immigration
Review.
10
While these courts have experienced a substantial backlog of cases since FFY 2006,
the number of pending cases has recently grown at unprecedented levels. Federal fiscal
year 2019 registered more than 1 million pending cases for the first time in its history. The total
pending cases approached almost 2.5 million at the conclusion of FFY 2023. At the conclusion
of FFY 2024, there were almost 3.6 million pending cases. These immigration hearings often
relate to asylum claims that are raised as a defense to removal.
11
6
Homeland Security Committee Republicans, U.S. House of Representatives, Border Crisis Startling Stats: Fiscal Year 2024
Ends With Nearly 3 Million Inadmissible Encounters Bringing Total Encounters to 10.8 Million Since FY2021, (September
2024), available at https://homeland.house.gov/wp-content/uploads/2024/10/September-24-Startling-Stats.pdf. (last visited
January 26, 2025).
7
Specified reasons include, in part, that the alien has a communicable disease of public health significance; has a physical or
mental disorder and behavior that poses a threat to the property, safety or welfare of the individual or others; has committed
acts constituting a crime of moral turpitude; has violated a law related to a controlled substance; has committed two or more
criminal offenses for which the aggregate sentences to confinement were 5 years or more; trafficked in controlled substances;
has engaged in terrorist activity, is likely to engage in terrorist activity, or has incited terrorist activity; has falsely represented
himself or herself to be a citizen of the U.S.; an alien who has voted illegally. See 8 U.S.C. s. 1182 for more details, including
exceptions and grounds for waivers. For a more in depth explanation of the various grounds for inadmissibility see Abigail F.
Kolker and Hillel R. Smith, Immigration: Grounds of Inadmissibility, Congressional Research Service (July 29, 2024),
available at https://crsreports.congress.gov/product/pdf/IF/IF12662. (last visited January 26, 2025).
8
Homeland Security Committee Republicans, U.S. House of Representatives, Border Crisis Startling Stats: Fiscal Year 2024
Ends With Nearly 3 Million Inadmissible Encounter, Bringing Total Encounters to 10.8 Million Since FY 2021 (September
2024) (explaining that since January 2023, 95.8 percent of 852,000 otherwise inadmissible aliens who scheduled
appointments through the CBP One app from January 2023 through September 2023 were ultimately released into the United
States on parole), available at https://homeland.house.gov/wp-content/uploads/2024/10/September-24-Startling-Stats.pdf.
(last visited January 26, 2025).
9
U.S. Customs and Border Protection, Department of Homeland Security, CBP One Mobile Application, available at
https://www.cbp.gov/about/mobile-apps-directory/cbpone. (last visited January 24, 2025).
10
Holly Straut-Eppsteiner, Immigration Courts: Decline in New Cases at the End of FY2024, Congressional Research
Service (November 26, 2024), available at https://crsreports.congress.gov/product/pdf/IN/IN12463 (last visited January 26,
2025).
11
Holly Straut-Eppsteiner, Asylum Process in Immigration Courts and Selected Trends, Congressional Research Service
(May 15, 2023), available at https://crsreports.congress.gov/product/pdf/R/R47504. (last visited January 26, 2025). BILL: SB 2-B Page 6
Attempts to Locate Migrants Who Have Been Released into the Country
The Office of Inspector General (OIG) of the DHS released a report
12
in September 2023 that
noted from March 2021 through August 2022, the DHS released more than 1,000,000 migrants
into the country.
The DHS is required to obtain an address for each migrant when possible. However, the
inspector general’s office reviewed 981,671 migrant records and found that addresses for more
than 177,000 records, or approximately 18 percent, were missing, were not valid for delivery
purposes, or did not contain legitimate residential locations. Of the total number of addresses, 80
percent were reported to have been used at least twice during the 18 month period of the review.
Over 780 residential addresses were listed more than 20 times. The report stated that 54,663
records did not contain an address. The report also noted that in an average month, the DHS
releases more than 60,000 migrants into the country and it is essential that the post-release
addresses be accurate for ICE to be able to locate migrants once they are released.
The OIG made four recommendations for the DHS to implement and thereby improve the ability
to locate migrants who have been released. The DHS responded to the recommendations by
stating that it did not concur with the OIG’s analysis. As a result, the OIG responded that it did
not find the DHS’ actions to be responsive to the recommendations.
Illegal Immigrant Population Estimates
Current authoritative data on the number of illegal immigrants in the United States or in this state
is not available. However, the PEW Research Center estimated that the number of illegal
immigrants in the United States was approximately 11 million in 2022.
13
For Florida, the Center
estimated that the population of illegal immigrants grew by 400,000 from 2019 to 2022 to
approximately 1.2 million.
14
These estimates of illegal immigrants include those aliens who have
temporary protection from deportation. The estimates, however, do not include aliens who have
been admitted for lawful residence, persons admitted as refugees, persons granted asylum, and
lawful temporary residents such as foreign students and guest workers.
New Executive Orders by President Trump
On his first day in office, President Trump issued the following executive orders relating to the
enforcement of federal immigration laws:
• Declaring a National Emergency at the Southern Border of the United States, ordered the
deployment of the Armed Forces, including the Ready Reserve and the National Guard, to
obtain complete operational control of the southern border.
15
The order also directed the
12
Joseph V. Cuffari, Ph.D., Inspector General, Office of Inspector General, Department of Homeland Security, DHS Does
Not Have Assurance That All Migrants Can be Located Once Released into the United States (September 6, 2023), available
at https://www.oig.dhs.gov/sites/default/files/assets/2023-09/OIG-23-47-Sep23-Redacted.pdf. (last visited January 26, 2025).
13
Jeffrey S. Passell and Jens Manuel Krogstad, Pew Research Center, What we know about unauthorized immigrants living
in the U.S. (July 22, 2024), available at https://www.pewresearch.org/short-reads/2024/07/22/what-we-know-about-
unauthorized-immigrants-living-in-the-us/. (last visited January 26, 2025).
14
Id.
15
Executive Order by President Trump, Declaring a National Emergency at the Southern Border of the United States
(January 20, 2025), available at https://www.whitehouse.gov/presidential-actions/2025/01/declaring-a-national-emergency-
at-the-southern-border-of-the-united-states/. (last visited January 26, 2025). BILL: SB 2-B Page 7
Secretaries of Defense and Homeland Security to immediately construct additional physical
barriers along the southern border.
• Securing Our Borders, ordered that the border be secured through various means including
federal-state partnerships to enforce federal immigration priorities, detaining and removing
aliens apprehended for violations of immigration law, and ending the prior administrations
“catch-and-release” practices.
16
• Realigning the United States Refugee Admissions Program, ordered that state and local
jurisdictions have greater involvement in the process of determining the placement or
resettlement of refugees in their jurisdictions.
17
• Designating Cartels and other Organizations as Foreign Terrorist Organizations and
Specially Designated Global Terrorists, noted that some violent cartels profit by the
trafficking of drugs and humans though Mexico and into the United States in ways that
threaten the security and stability of Mexico and the United States.
18
Based on that finding,
the order directed the Secretary of State, in consultation with other federal officials, to make
recommendations regarding the designation of any cartel or similar organization as a Foreign
Terrorist Organization or Specially Designated Global Terrorist.
Immigration Policy in Florida
In recent years, Governor DeSantis and the Legislature have taken action to address the
increasing immigration crisis. The Governor has issued the following executive orders:
• September 28, 2021, Executive Order No. 21-223, Biden Border Crisis.
19
Finding that the
detrimental effects of an unsecured southwest border of the United States would reverberate
beyond border states, including increased crime, such as drug trafficking and human
trafficking and smuggling, diminished economic opportunities for American workers, and
stresses on education and healthcare systems. The order prohibited state agencies from
assisting with the transport of aliens apprehended at the southwest border into Florida.
Moreover, the order required state agencies to use the federal Systematic Alien Verification
for Entitlements program to confirm the eligibility of persons before providing any funds,
resources, or other benefits.
• January 6, 2023, Executive Order No. 23-03, Emergency Management – Illegal Migration.
20
Based on findings of unprecedented interdictions, attempts of entry, and border patrol
encounters, the Governor designated the migration of unauthorized aliens to Florida as likely
to constitute a major disaster and designated the director of the Division of Emergency
Management as the state coordinating officer for the disaster with direction to execute
16
Executive Order by President Trump, Securing Our Borders (January 20, 2025), available at
https://www.whitehouse.gov/presidential-actions/2025/01/securing-our-borders/. (last visited January 26, 2025).
17
Executive Order by President Trump, Realigning the United States Refugee Admission Program (January 20, 2025),
available at https://www.whitehouse.gov/presidential-actions/2025/01/realigning-the-united-states-refugee-admissions-
program/. (last visited January 26, 2025).
18
Executive Order by President Trump, Designating Cartels and other Organizations as Foreign Terrorist Organizations
and Specially Designated Global Terrorists (January 20, 2025), available at https://www.whitehouse.gov/presidential-
actions/2025/01/designating-cartels-and-other-organizations-as-foreign-terrorist-organizations-and-specially-designated-
global-terrorists/. (last visited January 26, 2025)
19
See State of Florida, Office of the Governor, Executive Order No. 21-223 (September 28, 2021), available at
https://flgov.com/eog/sites/default/files/executive-orders/2024/EO_21-223.pdf. (last visited January 26, 2025).
20
State of Florida, Office of the Governor, Executive Order No. 23-03 (January 6, 2023), available at
https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO-23-03-1.pdf. (last visited January 26, 2025). BILL: SB 2-B Page 8
response, recovery, and mitigation plans necessary to cope with the emergency. The order
also activates the Florida National Guard, as needed, to assist with the efforts. The order
waives contracting policies and requirements, allows for expenditure of state funds through
the Emergency Preparedness and Response Fund, and authorizes medical professionals,
social workers, and counselors with good and valid licenses issued by other states to provide
humanitarian aid services.
21
The Governor extended the duration of Executive Order No. 23-03 multiple times for the same
reason: “the influx of illegal aliens remains unabated and the response from the Biden
Administration continues to be inadequate.”
22
The order, last extended on December 9, 2024,
remains in effect for 60 days following that date.
23
The Legislature responded to the recent increases in illegal immigration most significantly by
enacting:
• SB 1718 (2023), increased criminal penalties for human smuggling and using false
identification; required employers use E-Verify; provided that driver licenses issued in other
states to persons who do not provide proof of lawful presence in the U.S. are not valid in this
state; required persons in the custody and subject to an immigration detainer to submit a
DNA sample; and required the collection of data to aid in the determination of the cost of
health care provided to illegal immigrants.
• HB 1589 (2024) increased criminal penalties for repeat offenses of driving without a valid
driver license.
• SB 1036 (2024) increased criminal penalties for certain persons who commit a felony after
having been convicted of a crime relating to the reentry into the United States, and for
committing crimes to further the interests of a transnational crime organization, which is an
organization that is routinely involved in trafficking drugs, humans, or weapons.
• HB 1451 (2024) prohibited counties and municipalities from accepting identification cards
that are issued by organizations that knowingly issue them to individuals who are not
lawfully present in the United States.
Cooperation with Federal Immigration Enforcement
Legislation in 2019 created ch. 908, F.S., which, among other things, prohibits state and local
government entities from having sanctuary policies.
24, 25
The act sought to ensure that state and
local entities and law enforcement agencies cooperate with Federal Government officials to
enforce, and not obstruct, immigration laws. In its most general and broad terms, the law
prohibits sanctuary policies and requires law enforcement agencies to support the enforcement of
21
Id.
22
See State of Florida Office of the Governor, Executive Order Nos. 23-49, 23-88, 23-134, 23-213, 23-245, 24-35, 24-74, 24-
118, 24-173, 24-220, and 24-269.
23
State of Florida, Office of the Governor, Executive Order No. 24-269 (December 9, 2024), available at
https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO%2024-269.pdf. (last visited January 26, 2025).
24
Section 908.103, F.S.
25
Chapter 2019-102, L.O.F. The law was challenged in City of South Miami v. DeSantis, 408 F.Supp.3d 1266 (S.D. Fla.
Sept. 21, 2021). Three provisions were enjoined but severable from the remainder of the law. The case was appealed to the
Eleventh Circuit Court of Appeals on October 20, 2021, and the Eleventh Circuit vacated the judgment and remanded to the
lower court with instructions to dismiss for lack of jurisdiction. See City of South Miami v. DeSantis, 65 F. 4
th
631 (11
th
Cir.
2023). BILL: SB 2-B Page 9
federal immigration law.
26
When local law enforcement agencies work with federal immigration
officials, aliens who have committed serious crimes are more easily identified and removed.
Each law enforcement agency operating a county detention facility must enter into a written
agreement with the ICE to participate in the immigration program established under s. 287(g) of
the Immigration and Nationality Act, 8 U.S.C. s. 1357.
27
Until the law enforcement agency
enters into the written agreement, the agency must notify the Department of Law Enforcement
(FDLE) quarterly of the status of such written agreement and any reason for noncompliance if
applicable.
28
The 287(g) program allows ICE to partner with state and local law enforcement agencies to
identify and remove incarcerated criminal aliens who are amenable to removal from the U.S.
before they are released into the community. There are two program models: the Jail
Enforcement Model and the Warrant Service Officer program. The Jail Enforcement Model is
designed to identify and process removable aliens who are arrested by state and local law
enforcement and have criminal or pending criminal charges. The Warrant Service Officer
program allows ICE to train, certify, and authorize state and local law enforcement officers to
serve and execute administrative warrants on aliens in their agency’s jail.
29
Section 908.104, F.S., requires a Florida law enforcement agency to use its best efforts to support
the enforcement of federal immigration law. This applies to an official, representative, agent, or
employee of the entity or agency only when he or she is acting within the scope of his or her
official duties or within the scope of his or her employment.
Except as otherwise prohibited by federal law, a state entity, local governmental entity, or law
enforcement agency, or an employee, an agent, or a representative thereof, may not prohibit or
restrict a law enforcement agency from taking the following actions regarding a person’s
immigration status:
30
• Sending the information to or requesting, receiving, or reviewing the information from a
federal immigration agency.
• Recording and maintaining the information.
• Exchanging the information with a federal immigration agency or another state entity, local
governmental entity, or law enforcement agency.
• Using the information to comply with an immigration detainer.
• Using the information to confirm the identity of a person who is detained by a law
enforcement agency.
• Sending the applicable information obtained pursuant to enforcement of s. 448.095, F.S., to a
federal immigration agency.
31
26
See ch. 908, F.S.
27
Section 908.11, F.S. A law enforcement agency is not required to participate in a particular program model.
28
Id.
29
U.S. Immigration and Customs Enforcement, Delegation of Immigration Authority Section 287(g) Immigration and
Nationality Act, (January 24, 2025), available at https://www.ice.gov/identify-and-arrest/287g (last visited January 26, 2025).
30
Section 908.104(2), F.S.
31
Section 908.104(2)(a)-(f), F.S. BILL: SB 2-B Page 10
A law enforcement agency that has custody of a person subject to an immigration detainer issued
by a federal immigration agency must:
• Provide to the judge authorized to grant or deny the person’s release on bail notice that the
person is subject to an immigration detainer.
• Record in the person’s case file that the person is subject to an immigration detainer.
• Upon determining the detainer is in accordance with s. 908.102(2), F.S.,
32
comply with the
requests made in the immigration detainer.
33, 34
A judge who receives notice that a person is subject to an immigration detainer must ensure the
fact is recorded in the court record, regardless of whether the notice is received before or after a
judgement in the case.
In an applicable criminal case,
35
when the judge sentences a defendant who is the subject of an
immigration detainer to confinement, the judge must issue an order requiring the secure
correctional facility
36
housing the defendant to reduce the defendant’s sentence by no more than
12 days on the determination that the reduction will aid in a seamless transfer of the defendant
into federal custody.
37
If information regarding an immigration detainer is not available at the
time of sentencing, a law enforcement agency must notify the judge who will issue the order as
soon as the information becomes available.
38
When a county correctional facility or the Department of Corrections (DOC) receives
verification from a federal immigration agency that a person in custody is subject to an
immigration detainer, the law enforcement agency may transport the person to a federal facility
in this state or another point of transfer to federal custody outside the jurisdiction of law
enforcement. The agency may not transfer a person earlier than 12 days before his or her release
date. A law enforcement agency must obtain judicial authorization before transporting a person
to a point of transfer outside of the state.
39
32
“Immigration detainer” means a facially sufficient written or electronic request issued by a federal immigration agency
using that agency’s official form to request that another law enforcement agency detain a person based on probable cause to
believe that the person to be detained is a removable alien under federal immigration law, including detainers issued pursuant
to 8 U.S.C. ss. 1226 and 1357 along with the warrant described. An immigration detainer is facially sufficient if the federal
immigration agency’s official form is complete and indicates on its face that the federal immigration official has probable
cause to believe that the person to be detained is a removable alien under federal immigration law; or if the federal
immigration agency’s official form is incomplete and fails to indicate on its face that the federal immigration official has
probable cause to believe that the person to be detained is a removable alien under federal immigration law, but is supported
by an affidavit, order, or other official documentation that the agency has probable cause and the agency supplies a Form I-
200 Warrant for Arrest of Alien or a Form I-205 Warrant of Removal/Deportation or a successor warrant or other warrant
authorized by federal law. Section. 908.102(2), F.S.
33
Section 908.105(1)(a)-(c), F.S.
34
Section 908.105(2), F.S., provides that law enforcement agency is not required to notify the judge or record in the person’s
case file if the person is transferred to the custody of the agency by another law enforcement agency if the transferring agency
performed those duties prior to the transfer.
35
“Applicable criminal case” means a criminal case in which the judge requires the defendant to be confined in a secure
correctional facility and the judge either indicates in the record under s. 908.105, F.S., that the defendant is subject to an
immigration detainer, or otherwise indicates the defendant is subject to a transfer into federal custody.
36
“Secure correctional facility” means a state correctional institution as defined in s. 944.02, F.S., or a county detention
facility or a municipal detention facility as defined in s. 951.23, F.S.
37
Section 908.104(3)(b), F.S.
38
Section 908.104(3)(c), F.S.
39
Section 908.104(4), F.S. BILL: SB 2-B Page 11
A state entity, local governmental entity, or law enforcement agency is not required to provide a
federal immigration agency with information related to a victim of or a witness to a criminal
offense if the victim or witness timely and in good faith responds to the agency’s request for
information and cooperation in the investigation and prosecution of the offense.
40
An agency that
withholds information regarding the immigration information of a victim or witness must
document cooperation in the investigative records related to the offense and retain the records for
at least 10 years.
41
A law enforcement agency is not authorized to detain an alien unlawfully
present in the United States pursuant to an immigration detainer solely because the alien
witnessed or reported a crime or was the victim of a criminal offense.
42
Additionally, a state entity, local governmental entity, or law enforcement agency is not required
to provide a federal immigration agency with information related any alien unlawfully present in
the United States if he or she has been a necessary witness or victim of a specified crime.
43
Any executive or administrative state, county, or municipal officer who violates his or her duties
under ch. 908, F.S., relating to federal immigration enforcement, may be subject to action by the
Governor in the exercise of his or her authority under the Florida Constitution and state law. The
governor may initiate judicial proceedings in the name of the state to enforce officers’
compliance with any duty or to restrain any unauthorized act contrary to ch. 908, F.S.
44
Additionally, the Attorney General may file a suit against any local governmental entity or local
law enforcement agency in a court of competent jurisdiction for declaratory or injunctive relief.
The court must enjoin an unlawful sanctuary policy if the local governmental entity or local law
enforcement agency violates ch. 908, F.S.
45
The court has continuing jurisdiction over the parties
and subject matter and may enforce its orders with the initiation of contempt proceedings. An
order approving a consent decree or granting an injunction must include written findings of fact
that describe with specificity the existence and nature of the sanctuary policy.
46
Florida Agencies & Immigration Enforcement
Florida Department of Law Enforcement
The mission of the FDLE is to “promote public safety and strengthen domestic security by
providing services in partnership with local, state, and federal criminal justice agencies to
prevent, investigate, and solve crimes while protecting Florida’s citizens and visitors.”
47
40
Section 908.104(5), F.S.
41
Section 908.104(6), F.S.
42
Section 908.104(7), F.S.
43
Section 908.104(8), F.S., specified crimes include domestic violence, rape, sexual exploitation, sexual assault, murder,
manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign
labor contracting, blackmail, extortion, and witness tampering.
44
Section 908.107(1), F.S.
45
Section 908.107(2)-(3), F.S.
46
Section 908.107(3)-(4), F.S.
47
Florida Department of Law Enforcement, About FDLE, available at https://www.fdle.state.fl.us/About-Us/General-
Information (last visited January 24, 2025). BILL: SB 2-B Page 12
The FDLE must coordinate and direct the law enforcement, initial emergency, and other initial
responses with respect to counter-terrorism efforts, responses to acts of terrorism within or
affecting this state, coordinating with and providing assistance to the Federal Government in the
enforcement of federal immigration laws, responses to immigration enforcement incidents within
or affecting this state, and other matters related to the domestic security of Florida as it relates to
terrorism and immigration enforcement incidents.
48
The FDLE’s Executive Director serves as the Chief of Domestic Security in Florida and oversees
the Office of Domestic Security. The office works with federal, state, and local officials to
detect, prevent, prepare for, respond to, and recover from acts of terrorism within or affecting
this state and immigration enforcement incidents within or affecting this state.
49
There are three primary components to Florida’s domestic security governance structure: the
regional domestic security task forces (RDSTF), the domestic security coordinating group, and
the domestic security oversight council.
50
The regional domestic security task forces consist of
local and multi-disciplinary representatives who collectively support the domestic security
mission and provide the necessary link between the state and local communities. There are seven
regional domestic security task forces located across the state in Pensacola, Tallahassee,
Jacksonville, Orlando, Tampa, Ft. Myers, and Miami.
51
The RDSTF’s advise the FDLE and the Chief of Domestic Security on the development and
implementation of a statewide strategy to address prevention, preparation, protection, response,
and recovery efforts related to the state’s domestic security. The task forces also coordinate
efforts to cooperate with and aid the Federal Government in the enforcement of federal
immigration laws within or affecting this state among local, state, and federal resources to ensure
that such efforts are not fragmented and duplicative.
52
The Domestic Security Coordinating Group (DSCG) is made up of representatives and subject
matter experts from the RDSTFs, designated urban areas, state agency partners, and key
organization liaisons who come together to address domestic security issues presented by the
RDSTFs, network of Fusion Centers,
53
and the Domestic Security Oversight Council.
54
48
Section 943.03(14), F.S.
49
Section 943.0311(1)(a), F.S.
50
Florida Department of Law Enforcement, Domestic Security Organization, available at
https://www.fdle.state.fl.us/Domestic-Security/Organization (last visited January 24, 2025)
51
Id.
52
Section 943.0312(2), F.S.
53
“Fusion centers” were established following the terrorist attacks of September 11, 2001, to connect-the-dots between
critical information housed in different agencies and share information and intelligence to aid in protecting communities.
Fusion centers are the primary conduit between frontline personnel, state, and local leadership which assist in the collective
review of information for the purpose of detecting, preventing and preparing for threats to public health and safety. They rely
on partner agencies from a variety of sectors, including the private sector, to identify indicators and trends. Fusion centers
also accept tips and suspicious activity reports from the public, particularly those that may be indicators for terrorist activity.”
Florida Department of Law Enforcement, Florida Fusion Center, available at
https://www.fdle.state.fl.us/FFC/FusionCenterHistory (last visited January 24, 2025)
54
Florida Department of Law Enforcement, Domestic Security Organization, available at
https://www.fdle.state.fl.us/Domestic-Security/Organization (last visited January 24, 2025) BILL: SB 2-B Page 13
The Domestic Security Oversight Council (DSOC) is an executive policy advisory group created
to provide guidance to the state’s regional domestic security task forces and other domestic
security working groups. The DSOC also makes recommendations to the Governor and the
Legislature regarding the expenditure of funds and allocation of resources related to counter-
terrorism and cooperating with and providing assistance to the Federal Government in the
enforcement of federal immigration laws and domestic security efforts.
55
Department of Agriculture and Consumer Services
While current state matters of immigration are enforced by the FDLE, historically such matters
were not housed within the FDLE. The Office of Commissioner of Immigration was
consolidated with the Offices of the Surveyor General, and became the Commissioner of Lands
and Immigration, which was then renamed the Commission of Agriculture. The Commission of
Agriculture kept the Bureau of Immigration. Subsequently, the Bureau of Immigration was
abolished and the Department of Agriculture, which is now named the Department of
Agriculture and Consumer Services (DACS), was created.
56
The Commissioner of Agriculture serves as the head of the DACS, which is created under
s. 20.14, F.S. The DACS currently has 12 divisions within the department.
57
Florida Department of Health
In order to provide the Florida Department of Health (FDOH) and law enforcement agencies the
means to effectively identify, investigate, and arrest persons engaging in human trafficking, an
employee and any person performing massage therapy in a massage establishment must
immediately present, upon the request of an investigator of the FDOH or a law enforcement
officer, valid government identification while in the establishment.
58,
59
The FDOH must notify a federal immigration office if a person operating a massage
establishment, an employee, or any person performing massage therapy in a massage
establishment fails to provide valid government identification as required.
60
55
Id.
56
See Florida Department of Agriculture and Consumer Services, Our History, available at https://www.fdacs.gov/About-
Us/Our-History (last visited January 24, 2025).
57
Section 20.14, F.S., Divisions within the DACS include: Administration; Agriculture Environmental Services; Animal
Industry; Aquaculture; Consumer Services; Food Safety; Florida Forest Service; Fruit and Vegetables; Licensing.
58
Section 480.0535(1), F.S., “Valid government identification means” a valid, unexpired driver license issued by any state,
territory, or district of the U.S.; a valid, unexpired identification card issued by any state, territory, or district of the U.S.; a
valid, unexpired U.S. passport; a naturalization certificate issued by the U.S. Department of Homeland Security; a valid,
unexpired alien registration receipt card (green card); or a valid, unexpired employment authorization card issued by the U.S.
Department of Homeland Security.
59
Section 480.0535, F.S., A person operating a massage establishment must immediately present, upon the request of an
investigator of the FDOH or a law enforcement officer specified identification and documentation and ensure that each
employee or person performing massage therapy is able to immediately present valid government identification while in the
establishment. A person who violates this section commits a second-degree misdemeanor for a first violation, a first-degree
misdemeanor for a second violation, and third-degree felony for a third or subsequent violation.
60
Section 480.0535(4), F.S. BILL: SB 2-B Page 14
Executive Office of the Governor and the Division of Emergency Management
As described above, in 2023 the Governor issued Executive Order 23-03, declaring a state of
emergency
61,
62
and directing state law enforcement agencies and other state agencies to take
necessary actions to protect Floridians from the impacts of the border crisis.
During the state of emergency, the Governor is the commander in chief of the Florida National
Guard and all other forces available for emergency duty.
63
In addition to any other powers
conferred upon the Governor by law, she or he may exercise additional authority granted under s.
252.36, F.S., which includes, in part, the ability to suspend the provisions of any regulatory
statute prescribing the procedures for conduct of state business or the orders or rules of any state
agency, if strict compliance with the provisions of any such statute, order, or rule would in any
way prevent, hinder, or delay necessary action in coping with the emergency.
64
In response to Executive Order 23-03, the Legislature found that the Federal Government failed
to secure the nation’s borders and has allowed a surge of inspected unauthorized aliens
65
to enter
the United States.
66
The Legislature created the Unauthorized Alien Transport Program (UATP) in an effort to
mitigate the effects of this crisis on the State of Florida. The UATP is under the Division of
Emergency Management within the Executive Office of the Governor and was created for the
purpose of facilitating the transport of inspected unauthorized aliens within the United States,
consistent with federal law. The division is authorized to contract for services to implement the
program. This program expires June 30, 2025.
67
The Legislature appropriated $10 million of
nonrecurring general revenue funds to the division to implement the provisions.
Criminal Laws Related to Illegal Immigration
Voting
In Florida, it is a third-degree felony for a person, knowing he or she is not a qualified elector, to
willfully vote at any election.
68
61
Section 252.36(1)(a), F.S., provides the Governor is responsible for meeting the dangers presented to this state and its
people by emergencies and, in the event of an emergency beyond local control, may assume direct operational control over
all or any part of the emergency management functions within this state.
62
Section 252.36, F.S., A state of emergency must be declared by executive order or proclamation of the Governor if she or
he finds an emergency has occurred or that the occurrence or the threat thereof is imminent. The state of emergency must
continue until the Governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no
longer exist and she or he terminates the state of emergency. Additionally, at any time, the Legislature, by concurrent
resolution, may terminate a state of emergency or any specific order, proclamation, or rule. Upon such concurrent resolution,
the Governor must issue an executive order or proclamation consistent with the concurrent resolution.
63
Section 252.36(5), F.S.
64
Section 252.36(6)(a), F.S.
65
Ch. 2023-3, L.O.F., An “inspected unauthorized alien” means an individual who has documentation for the U.S.
government indicating that the U.S. government processed and released him or her into the U.S. without admitting the
individual in accordance with the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101, et seq.
66
Id.
67
Id.
68
Section 104.15, F.S. BILL: SB 2-B Page 15
While Florida law does not have any crime specifically related to an unauthorized alien voting in
an election, 18 U.S.C. s. 611, provides that it is unlawful for any alien to vote in any election
held solely or in part for the purpose of electing a candidate for the office of President, Vice
President, Presidential elector, Member of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident Commission, unless:
• The election is held partly for some other purpose;
• Aliens are authorized to vote for such other purpose under a state constitution or local
ordinance; and
• Voting for such other purpose is conducted independently of voting for a candidate for such
Federal offices, in such a manner that an alien has the opportunity to vote for such other
purpose, but not an opportunity to vote for a candidate for any one or more of such Federal
offices.
Violation of this section is punishable by a fine and imprisonment for not more than one year.
69
Florida RICO Act
The “Florida RICO (Racketeer Influenced and Corrupt Organization) Act” is the short title for
ss. 895.01-895.06, F.S.
70
“Racketeering activity” means committing, attempting to commit,
conspiring to commit, or soliciting, coercing, or intimidating another person to commit any of a
number of offenses listed in the definition.
71
In 2023, the Legislature added the offense of human
smuggling to the list of offenses that may constitute racketeering activity.
72
Section 895.03, F.S. provides that it is unlawful for any person:
• Who with criminal intent has received any proceeds derived, directly or indirectly, from a
pattern of racketeering activity or through the collection of an unlawful debt
73
to use or
invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from
the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity
in, real property or in the establishment or operation of any enterprise.
74
• Through a pattern of racketeering activity or through the collection of an unlawful debt, to
acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real
property.
69
18 U.S.C. s. 611; This section does not apply if each natural parent, or adoptive parent, is or was a citizen; the alien
permanently resided in the U.S. prior to attaining the age of 16; and the alien reasonably believed at the time of voting in
violation of such subsection that he or she was a citizen of the U.S.
70
Section 895.01, F.S.
71
Section 895.02(8), F.S. These offenses include violations of specified Florida laws (e.g., Medicaid fraud, kidnapping,
human trafficking, and drug offenses) as well as any conduct defined as “racketeering activity” under 18 U.S.C. s. 1961(1)
72
Section 895.02(8)(a)27., F.S.
73
Section 895.02(12), F.S., “Unlawful debt” means any money or other thing of value constituting principal or interest of a
debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted in violation of
specified Florida laws (e.g., various gambling offenses) as well as any gambling activity in violation of federal law or in the
business of lending money at a rate usurious under state or federal law.
74
Section 895.02(5), F.S., “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust,
union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of
individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as
well as other, entities. A criminal gang as defined in s. 874.03, F.S., constitutes an enterprise. BILL: SB 2-B Page 16
• Employed by, or associated with, any enterprise to conduct or participate, directly or
indirectly, in such enterprise through a pattern of racketeering activity or the collection of an
unlawful debt.
• To conspire or endeavor to violate any of the previously described activity.
75
Section 895.04, F.S., provides that a conviction for engaging in the above activities results in a
first-degree felony.
76, 77
Reclassification of Crimes Committed After Unlawful Reentry
Reclassification occurs when the Legislature increases the degree of a conviction. The
reclassification attaches at the time the charges are filed.
78
Reclassification of a criminal
conviction from one degree to a higher degree stems from an express and explicit grant of
statutory authority.
79
In 2024 the Legislature enacted s. 775.0848, F.S., to reclassify the penalty for committing a
felony after such person has been convicted for unlawful reentry by a removed alien pursuant to
8 U.S.C. s. 1326. Section 775.0848, F.S., provides that:
• A felony of the third degree is reclassified to a felony of the second degree.
80
• A felony of the second degree is reclassified to a felony of the first degree.
81
• A felony of the first degree is reclassified to a life felony.
82
Reentry to the United States by aliens
83
who have been removed from the U.S. is addressed in
8 U.S.C.A. 1326 as follows:
• Any alien who has been denied admission, excluded, deported, or removed or has departed
the United States while an order of exclusion, deportation, or removal is outstanding, and
thereafter enters, attempts to enter, or is at any time found in, the United States...shall be
fined under Title 18, or imprisoned not more than 2 years, or both.
• Any alien whose removal was subsequent to a conviction for the commission of three or
more misdemeanors involving drugs, crimes against the person, or both, or a felony (other
75
Section 895.03(4), F.S.
76
A first-degree felony is generally punishable by up to 30 years in state prison and a fine not exceeding $10,000. Sections
775.082 and 775.083, F.S.
77
Section 895.05(2), F.S., In addition to criminal penalties under s. 895.04, F.S., s. 895.05, F.S., imposes civil liability for
violations of the Florida RICO Act, including forfeiture to the state of all property, including money, used in the course of,
intended for use in the course of, derived from, or realized through conduct in violation of the act
78
Cooper v. State, 455 So.2d 588 (Fla. 1st DCA 1984); Jackson v. State, 515 So.2d 394 (Fla. 1st DCA 1987).
79
Cf. Spicer v. State, 615 So.2d 725, 726 (Fla. 2d DCA 1993) (reversing reclassification of robbery with a mask conviction
because “[p]enal statutes must be construed in terms of their literal meaning .... [I]f the legislature had intended section
775.0845 [Florida Statutes (1989)] to reclassify offenses, it would have so stated ....”).
80
A third-degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. A second-degree felony is punishable
by up to 15 years imprisonment and a $10,000 fine. (Sections 775.082 and 775.083, F.S.).
81
A second-degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. A first-degree felony is
punishable by up to 30 years to life imprisonment and a $10,000 fine. (Sections 775.082 and 775.083, F.S.).
82
A first-degree felony is punishable by up to 30 years or when specifically provided by statute, life imprisonment, and a
$10,000 fine. A life felony is punishable by a term of imprisonment for life or by imprisonment for a term of years not
exceeding life imprisonment. (Sections 775.082 and 775.083, F.S.).
83
The term “alien” means any person not a citizen or national of the United States. 8 U.S.C.A. 1101(a)(3). BILL: SB 2-B Page 17
than an aggravated felony),
84
such alien shall be fined under Title 18, imprisoned not more
than 10 years, or both.
• Any alien whose removal was subsequent to a conviction for commission of an aggravated
felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both.
The term “removal” includes any agreement in which an alien stipulates to removal during (or
not during) a criminal trial under either federal or state law.
85
Criminal Punishment Code
The Criminal Punishment Code
86
is Florida’s primary sentencing policy. Noncapital felonies
sentenced under the Code receive an offense severity level ranking (levels 1-10). Points are
assigned and accrue based upon the severity level ranking assigned to the primary offense,
additional offenses, and prior offenses. Sentence points escalate as the severity level escalates.
Offenses are either ranked in the offense severity level ranking chart in s. 921.0022, F.S., or are
ranked by default based on a ranking assigned to the felony degree of the offense as provided in
s. 921.0023, F.S. Currently, a felony of the third degree is ranked as a level 1 offense, and a
second-degree felony is ranked as a level 4 offense.
87
Pretrial Detention and Bail
Article I, s. 14 of the Florida Constitution states that “[u]nless charged with a capital offense or
an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is
great, every person charged with a crime or violation of municipal or county ordinance shall be
entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably
protect the community from risk of physical harm to persons, assure the presence of the accused
at trial, or assure the integrity of the judicial process, the accused may be detained.”
A person must appear before a judge within 24 hours of arrest for a “first appearance.”
88
During
first appearance, a judge advises a defendant of the charges for which he or she was arrested,
determines whether there is probable cause that a defendant committed such an offense, and
advises a defendant of specified rights.
89
If a judge determines that probable cause exists, the
judge then determines whether a defendant is entitled to pretrial release. A judge may grant
pretrial release either by setting a specified bail amount or releasing the defendant on his or her
own recognizance.
90
Section 903.046, F.S., provides that the purpose of bail proceedings is to ensure the appearance
of the criminal defendant at subsequent proceedings and to ensure the safety of the public. When
84
“Aggravated felony” is defined in 8 U.S.C.A. 1101(a)(43)(A)-(U). The term applies to a felony offense, whether in
violation of Federal or State law, and applies to such an offense in violation of the law of a foreign country for which the
term of imprisonment was completed within the previous 15 years. 8 U.S.C.A.1101(a).
85
8 U.S.C.A. 1326(b).
86
Sections 921.002-921.0027, F.S. See chs. 97-194 and 98-204, L.O.F. The Code is effective for offenses committed on or
after October 1, 1998.
87
Section 921.0023(1) and (2), F.S.
88
Fla. R. Crim. P. 3.130.
89
Id.
90
Fla. R. Crim. P. 3.131. BILL: SB 2-B Page 18
determining whether to release a defendant on bail or other conditions, and what that bail or
conditions may be, the court must consider certain factors. Such factors include, in part:
• The nature and circumstances of the offense charged.
• The weight of the evidence against the defendant.
• The defendant’s family ties, length of residence in the community, employment history,
financial resources, and mental condition.
• The nature and probability of danger which the defendant’s release poses to the community.
• Any other facts the court considers relevant.
91
While Florida does not specify that the court may consider a defendant’s immigration status
when setting bail, courts have found that this may be considered in the court’s analysis.
92
Employment Verification
It is unlawful for any person to knowingly employ, hire, recruit, or refer, either for herself or
himself or on behalf of another, for private or public employment, an alien who is not duly
authorized to work by the immigration laws of the United States, the Attorney General of the
United States, or the United States Secretary of the Department of Homeland Security.
93
If the
Florida Department of Commerce (DCM) finds or is notified by a specified entity that an
employer has knowingly employed an unauthorized alien without verifying the employment
eligibility, the DCM must enter an order making such determination and require repayment of
any economic development incentive.
94
The DCM must place the employer on probation for a 1-year period and require that the
employer report quarterly to the DCM to demonstrate compliance if there was a violation. Any
violation which takes place within 24 months after a previous violation constitutes grounds for
the suspension or revocation of all licenses issued by a licensing agency subject to ch. 120, F.S.
The DCM is required to take the following actions for a violation involving:
• One to 10 unauthorized aliens, suspension of all applicable licenses held by a private
employer for up to 30 days by the respective agencies that issued them.
• Eleven to 50 unauthorized aliens, suspension of all applicable licenses held by a private
employer for up to 60 days by the respective agencies that issued them.
• More than 50 unauthorized aliens, revocation of all applicable licenses held by a private
employer by the respective agencies that issued them.
95
Section 448.095, F.S., requires an employer to verify each new employee’s employment
eligibility within 3 business days after the first day that the employee begins working for pay. A
public agency, or a private agency with 25 or more employees, must use the E-Verify system to
91
Section 903.046, F.S.
92
See U.S. v. Lozano, U.S., 2009 WL 3052279 (M.D. Ala, 2009).
93
Section 448.09(1), F.S.
94
Section 448.09(2); Section 288.061(6), F.S., prohibits the Secretary of Commerce from approving an economic
development incentive application unless the application includes proof to the department that the applicant business is
registered with and uses the E-Verify system. Upon a final determination of noncompliance, the awardee must repay all
moneys received as an economic development incentive to the department within 30 days after the final determination.
Section 288.061, F.S.
95
Section 448.09(4), F.S. BILL: SB 2-B Page 19
verify employment eligibility. Each employer required to use the E-Verify system must certify
compliance each year to the Department of Revenue when making contributions to or
reimbursing the state’s unemployment compensation or reemployment assistance system.
96
If the E-Verify system is unavailable for 3 business days after the new employee begins working
for pay and an employer cannot access the system to verify eligibility, an employer must use the
Employment Eligibility Verification form (Form I-9) to verify that new hires are authorized to
work in the United States. The employer must retain a copy of the documentation provided and
any official verification generated for at least three years.
97
An employer may not continue to employ an unauthorized alien after obtaining knowledge that a
person is or has become an unauthorized alien.
98
An employer must provide copies of any documentation relied upon by the employer for the
verification of employment eligibility when requested by the following:
• The Department of Law Enforcement;
• The Attorney General;
• The state attorney in the circuit in which the new employee works;
• The statewide prosecutor; or
• The Department of Commerce.
A person or entity that makes a request must rely on the Federal Government to verify an
employee’s employment eligibility and may not independently make a final determination as to
whether an employee is an unauthorized alien.
99
An employer that uses the E-Verify system or, if that system is unavailable, Form I-9 has
established a rebuttable presumption that the employer did not knowingly employ an
unauthorized alien. An employer that uses the same documentation required by the United States
Citizenship and Immigration Services on its Form I-9 has established an affirmative defense
100
that the employer did not knowingly employ an unauthorized alien.
101
96
Section 448.095(2), F.S., An employer that voluntarily uses the E-Verify system may also make such a certification on its
first return each calendar year in order to document such use.
97
Section 448.095(2), F.S.
98
Id.
99
Section 448.095(3), F.S.
100
An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate
criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
101
Section 448.095(4), F.S. BILL: SB 2-B Page 20
A public agency
102
must require in any contract that the contractor,
103
and any subcontractor
104
thereof, register with and use the E-Verify system to verify the work authorization of all new
employees.
105
If the DCM determines an employer failed to use the E-Verify system, the department must
notify the employer of noncompliance and provide the employer with 30 days to rectify the
noncompliance. If an employer failed to use the E-Verify system three times in a 24-month
period, the DCM must impose a fine of $1,000 per day until the employer provides sufficient
proof to the DCM that the compliance has been cured. The DCM must use any fines collected for
employer outreach and public notice of the state’s employment verification laws. Noncompliance
constitutes grounds for the suspension of all licenses until the noncompliance has been cured.
Impact of Immigration on Hospitals
Hospitals offer a range of health care services with beds for use beyond 24 hours by individuals
requiring diagnosis, treatment, or care.
106
Hospitals must make regularly available at least
clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or
obstetrical care, or other definitive medical treatment.
107
Section 395.3027, F.S., requires any hospital that accepts Medicaid to include a question on its
admission or registration forms, to be answered by the patient or the patient’s representative,
inquiring whether the patient: is a United States citizen; is lawfully present in the United States;
is not lawfully present in the United States; or declines to answer. The question must be followed
by a statement indicating that the response to the question will not affect patient care or result in
a report of the patient’s immigration status to immigration authorities.
108
Each hospital must provide a quarterly report to the Florida Agency for Health Care
Administration (AHCA), within 30 days of the end of each quarter, detailing the number of
hospital admissions or emergency department visits by patients who responded to, or declined to
answer, the above questions.
109
The AHCA must compile such data and provide a report to the
Governor and the Legislature by March 1 of each year. Additionally, the report must describe the
costs of uncompensated care provided to patients not lawfully in the country, the impact of
uncompensated care on the cost or ability of hospitals to provide services to the public and on
hospital funding needs, and other related information.
110
102
“Public agency” means any office, department, agency, division, subdivision, political subdivision, board, bureau,
commission, authority, district, public body, body politic, state, county, city, town, village, municipality, or any other
separate unit of government created or established pursuant to law, and any other public or private agency, person,
partnership, corporation, or business entity acting on behalf of any public agency. Section 448.095(1)(d), F.S.
103
“Contractor” means a person or an entity that has entered or is attempting to enter into a contract with a public agency to
provide labor, supplies, or services to such agency in exchange for salary, wages, or other remuneration. Section
448.095(1)(a), F.S.
104
“Subcontractor” means a person or an entity that provides labor, supplies, or services to or for a contractor or another
subcontractor in exchange for salary, wages, or other remuneration.” Section 448.095(1)(e), F.S.
105
Guidance for entering into such contracts is provided in s. 448.095(5), F.S.
106
Section 395.002(12), F.S.
107
Section 395.002(12), F.S.
108
Section 395.3027(1), F.S.
109
Section 395.3027(2), F.S.
110
Section 395.3027(3), F.S. BILL: SB 2-B Page 21
In the final report for 2023, the AHCA reported 0.81% of admissions and 0.83% of emergency
department visits were notated as illegal aliens. Specifically, the report states:
Approximately 0.82% of all hospital admissions and emergency room
visits combined were by patients who were not legally in the country. It is
unclear how many of the 0.82% were able to pay for all or a portion of the
services provided. It should be noted that approximately 7.5% of
admissions and emergency department visits were reported as declined to
answer. Presumably some portion of those responses contain respondents
who were in the country illegally. Some facilities had issues in the early
weeks of collecting data and may have used this category when data
collection was missing and/or for patients who were unable to respond due
to their medical condition.
111
This report also states the total approximate cost of care provided to illegal immigrants is greater
than $566 million.
112
As indicated above, it is unclear how much of that care provided to illegal
aliens was uncompensated. It is also unclear what percentage of the declined to answer
respondents were illegal aliens.
Driver Licenses or Identification Cards
Section 322.19, F.S., provides that, with certain exceptions, whenever any person, after applying
for or receiving a driver license or identification card, changes his or her legal name, that person
must within 30 days obtain a replacement license or card that reflects the change. Similarly, if a
person, after applying for or receiving a driver license or identification card, changes the legal
residence or mailing address in the application, license, or card, the person must, within 30 days
after making the change, obtain a replacement license or card that reflects the change. A
violation of this requirement is a non-moving violation, punishable as provided s. 318.18, F.S.
Driver License or Identification Card for Non-Citizens
Section 322.08, F.S., establishes requirements governing the application process for driver
licenses and identification cards. All applicants must present primary identification; proof of
social security number or secondary identification; and two documents that demonstrate a
residential address in Florida. Non-U.S. citizens are required to produce proof of legal presence
documentation issued through the United States Citizenship and Immigration Services. Non-
citizens applying for an original driver license are generally issued a 60-day temporary paper
permit without a photo and a receipt. Non-U.S. citizens applying for an identification card are
issued a receipt. Upon the verification of identity and legal status by the Department of Highway
Safety and Motor Vehicles, and satisfactory completion of required knowledge and skills
examinations, a driver license or identification card is issued within 60 days and mailed to the
address on the driver record. The driver license or identification card is issued for the period of
time specified in the relevant United States Citizenship and Immigration Services
documentation, up to a maximum of four years.
111
Florida Agency for Health Care Administration, The Hospital Patient Immigration Status Report, (on file with the Senate
Committee on Appropriations).
112
Id. BILL: SB 2-B Page 22
For purposes of documenting proof of lawful presence for the issuance of a driver license or
identification card, s. 322.08, F.S., provides that the Department of Highway Safety and Motor
Vehicles may require an unexpired foreign passport with an unexpired United States Visa
affixed, accompanied by an approved I-94, documenting the most recent admittance into the
United States. While the term “valid passport” is used in various sections of the Florida Statutes,
the term is not currently defined.
Education
Florida’s education system has also been affected by the influx in immigration. Florida schools
may provide education to those who are here lawfully, unlawfully, or to children whose parents
are here unlawfully.
Florida Public Postsecondary Institutions
Florida’s system of public postsecondary education consists of:
• The State University System (SUS), composed of the 12 state universities.
113
Each state
university is administered by a local board of trustees.
114
The system is supervised by the
Board of Governors.
115
• The Florida College System (FCS), composed of 28 institutions with defined service areas.
116
A local board of trustees governs each FCS institution, and the State Board of Education
supervises the system.
117
• Career centers (also called technical colleges), which are a part of a district school system
and offer technical courses leading toward a career certificate or industry certification.
118
There are 47 career centers, each governed its district school board.
• Charter technical career centers, which are public schools or public technical centers
operated under a charter granted by a district school board or FCS institution board of
trustees.
119
Currently, there is one charter technical career center in Florida—Lake Technical
College, chartered under the Lake County School Board.
Residency Status for Tuition Purposes
Students must be classified as residents or nonresidents for the purpose of assessing tuition in
postsecondary educational programs offered by public postsecondary institutions. Students pay
differing tuition rates based on their status as a resident or nonresident of Florida.
120
To qualify as a resident for tuition purposes, a person, or if that person is a dependent child, his
or her parent or parents, must have established legal residence in Florida and must have
113
Section 1000.21(9), F.S.
114
Art. IX, s. 7(b), FLA. CONST.
115
Art. IX, s. 7(b), FLA. CONST. See also s. 1001.705, F.S.
116
Section 1000.21(5), F.S.
117
Art. IX, S. 8(b), FLA. CONST.
118
Section 1001.44(a), F.S.
119
Section 1002.34(a), F.S.
120
Section 1009.21. F.S. BILL: SB 2-B Page 23
maintained legal residence for at least 12 consecutive months immediately prior to his or her
initial enrollment in the public postsecondary institution.
121
Each public postsecondary institution must make a residency determination based on the
submission of at least two forms of documentation specified in law.
122
Tuition and Out-of-State Fees
Florida law defines “tuition” as the basic fee charged to a student for instruction provided by a
public postsecondary educational institution in the state. A student who is classified as a resident
for tuition purposes qualifies for the in-state tuition rate. An out-of-state fee is the additional fee
for instruction charged to a student who does not qualify for the in-state tuition rate,
123
unless
these costs are exempted or waived.
124
The resident undergraduate tuition rate for the SUS is set at $105.07 per credit hour.
125
The SUS
average tuition and out-of-state fee is $570.01 per credit hour.
The FCS tuition rate for college credit courses is $71.98 per credit hour, and the out-of-state fee
is $215.94 per credit hour. Baccalaureate degree program resident tuition is $91.79 per credit
hour, and the total tuition and out-of-state fee may not exceed 85 percent of the tuition and out-
of-state fee of the nearest state university.
126
If a career center offers college credit courses as a
part of a career associate degree program, the standard tuition is also $71.98 per credit hour, and
the out-of-state fee is $215.94 per credit hour.
127
For non-college-credit career programs at career centers and FCS institutions, the standard
tuition is $2.33 per contact hour, and the out-of-state fee is $6.99 per contact hour.
128
Each
district school board or FCS institution board of trustees may adopt tuition and out-of-state fees
that vary no more than 5 percent below or 5 percent above such fees.
129
Out-of-State Fee Waiver
In 2014, the Florida Legislature established an out-of-state fee waiver for students, including, but
not limited to, students who are undocumented for federal immigration purposes, who meet
certain conditions:
130
• Attendance in a secondary school in Florida for three consecutive years immediately before
graduating from a high school in Florida.
121
Section 1009.21(2)(a), F.S. This section also specifies other circumstances that may classify a person as a resident for
tuition purposes.
122
Section 1009.21(3), F.S. Documentation includes, but is not limited to, a Florida voter registration card, Florida driver’s
license, Florida vehicle registration, homestead exemption (which is a single, conclusive proof of residency), proof of full-
time Florida employment, declaration of domicile, Florida incorporation, lease agreements, or utility bills.
123
Section 1009.01, F.S.
124
Section 1009.24(2), F.S.
125
Section 1009.24(4)(a), F.S.
126
Section 1009.23(3), F.S.
127
Section 1009.22(4), F.S.
128
Section 1009.22(3)(c), F.S.
129
Section 1009.22(3)(d), F.S.
130
Section 1009.26(12), F.S. BILL: SB 2-B Page 24
• Application for enrollment in a state university, FCS institution, or technical center within
24 months after high school graduation.
• Submission of an official Florida high school transcript.
The fee waiver may both include students who are undocumented for federal immigration
purposes, as well as students who are lawfully present in the United States, but whose parents are
not residents of Florida. The exact number of undocumented students receiving the out-of-state
fee waiver is unknown.
The out-of-state fee waiver is applicable for 110 percent of the required credit hours of the
degree or certificate program for which the student is enrolled.
131
A student who receives an out-
of-state fee waiver is not considered a Florida resident and is not eligible for financial aid awards
and tuition assistance grants.
132
The below table shows, for the 2023-2024 fiscal year, the number of students receiving an out-
of-state fee waiver from a state university, FCS institution, or career center, and the total value of
the waived out-of-state fees. The totals include all non-resident students, regardless of lawful
status.
Institutions
Number of
Students
Total Value of
Fee Waiver
State University System
133
2,005 $20,009,990.00
Florida College System
134
4,573 $20,649,408.44
District Career Centers
135
3 $12,584.70
Total 6,581 $40,671,983.14
At least 25 states, including Florida, currently have laws and policies that permit certain students
who have attended and graduated from secondary schools in their state to pay in-state tuition at
their state’s public postsecondary institutions, regardless of their immigration status.
136
There are
nine states that block access to in-state tuition for undocumented students.
137
State and Federal Relations
The Legislature created the Office of State-Federal Relations in an effort for the legislative and
executive branches of state government to work together to maximize the receipt of federal
131
Section 1009.26(12)(b), F.S.
132
The general requirements for student eligibility for state financial aid and tuition assistance in s. 1009.40, F.S., specifies
legal residence in Florida. See also Board of Governors Regulation 7.008.
133
Florida Board of Governors, Fee Waivers, available at https://www.flbog.edu/resources/data-analytics/dashboards/fee-
waiver-summary/ (select Non-Resident (5012) waiver label) (last visited January 26, 2025).
134
Email, Florida Department of Education (January 24, 2025) (on file with the Committee on Appropriations).
135
Email, Florida Department of Education (January 25, 2025) (on file with the Committee on Appropriations).
136
National Immigration Law Center, Basic Facts About In-State Tuition for Undocumented Immigrant Students, available at
https://www.nilc.org/wp-content/uploads/2024/06/instate-tuition-basicfacts-2024-06-1-1.pdf. (last visited January 26, 2025).
137
Higher ED Immigration Portal, States, available at https://www.higheredimmigrationportal.org/states/ (last visited January
22, 2025). BILL: SB 2-B Page 25
funds, and to strengthen the state’s relationship, position, and communication with the Federal
Government.
138
The Office of State-Federal Relations is created within the Executive Office of the Governor and
located in Washington D.C. The Governor must appoint the director, who will be the head of the
Office of State-Federal Relations and who shall serve at the pleasure of the Governor. The duties
of the Office of State-Federal Relations are to be determined by the Governor, in consultation
with the President of the Senate and the Speaker of the House of Representatives, and must
include, but need not be limited to:
• Provide legislative and administrative connection between state and federal officials and
agencies and with Congress.
• Provide grants assistance and advice to state agencies.
• Assist in the development and implementation of strategies for the evaluation and
management of the state’s federal legislative program and intergovernmental efforts.
• To facilitate the activities of Florida officials traveling to Washington, D.C., in the
performance of their official duties.
139
III. Effect of Proposed Changes:
The bill, which shall be referred to as the “Tackling and Reforming Unlawful Migration Policy
(TRUMP) Act,” makes numerous changes throughout the Florida Statutes to strengthen
immigration coordination within the state and to increase state cooperation with federal
immigration agencies. One of the most significant changes is creating the Office of State
Immigration Enforcement within Division of Law Enforcement under the Department of
Agriculture and Consumer Services.
Chief Immigration Officer and the Office of State Immigration Enforcement (Sections 3, 5,
7, 22, 23, 24, 29, 31, 41)
The bill amends s. 908.101, F.S., to provide legislative intent that designating a single state
officer, the Commissioner of Agriculture, as the chief immigration officer is essential to
facilitating coordination, assistance, and communication between the Federal Government, state
entities, local governmental entities, and law enforcement agencies regarding the enforcement of
federal immigration laws.
The bill amends s. 20.14, F.S., to create the Office of State Immigration Enforcement within the
Division of Law Enforcement. The bill authorizes the DACS to establish bureaus and offices as
deemed necessary to promote efficient and effective operation of the DACS.
The bill creates s. 19.55, F.S., to provide that the Commissioner of Agriculture is the chief
immigration officer of the state and serves as the state’s official liaison between the state
agencies, local law enforcement agencies, and the Federal Government regarding the
enforcement of federal immigration laws. It is the responsibility of the chief immigration officer
to:
138
Section 14.23, F.S.
139
Id. BILL: SB 2-B Page 26
• Coordinate with and provide assistance to the Federal Government in the enforcement of
federal immigration laws and other matters related to the enforcement of federal immigration
laws.
• Coordinate with and provide assistance to law enforcement agencies and monitor local
government compliance with the requirements of ch. 908, F.S.
• Administer the Local Law Enforcement Immigration Grant Program.
• Regularly coordinate random audits to ensure compliance and enforcement of employment
verification requirements.
• Provide recommendations regarding measures that may be implemented to improve
assistance and coordination with the Federal Government in the enforcement of federal
immigration laws to the Legislature.
• Report to the Legislature, no later than March 15, 2025, the number of vacant beds available
in correctional facilities and county jails that can be sublet to the ICE.
• Serve as an “authorized state officer” under the Laken Riley Act, for purposes of having
standing to bring an action against specified federal officials to obtain injunctive relief on
behalf of the state and its residents.
The bill amends s. 908.102, F.S., to create definitions for ch. 908, F.S., for the chief immigration
officer and the Office of State Immigration Enforcement.
The bill creates s. 908.1031, F.S., to provide the responsibilities and duties of the Office of State
Immigration Enforcement. The purpose of the office is to aid the Commissioner of Agriculture in
the commissioner’s role as the chief immigration officer of the state by:
• Encouraging cooperation with the Federal Government to support the enforcement of federal
immigration laws to the maximum extent permissible under federal law across the State of
Florida.
• Serving as the central point of coordination between federal immigration agencies, state
entities, local governmental entities, and law enforcement agencies regarding the
enforcement of federal immigration laws.
The Office must coordinate the collection and dissemination of investigative and intelligence
information to the Federal Government.
The Office must employ sworn law enforcement officers, nonsworn investigators, and
administrative personnel. Such employees, when authorized by federal law, must aid local
governmental entities and law enforcement agencies in the investigation and enforcement of
federal immigration laws.
Each law enforcement officer must meet the qualifications of a law enforcement officer as
provided by law and must be certified as a law enforcement officer by the FDLE. Each law
enforcement officer will have full law enforcement powers granted to other peace officers of the
state, including the authority to make arrests, carry firearms, serve court process, and seize
contraband and the proceeds of illegal activities.
BILL: SB 2-B Page 27
By December 15 of each year, the office must submit a report to the Governor and the
Legislature that may contain legislative recommendations and must detail the level of
coordination and cooperation between specified entities and federal immigration agencies.
The Office serves as the state’s relevant state law enforcement agency for any applicable Federal
Homeland Security Task Force established under President Trump’s Executive Order, Protecting
the American People Against Invasion, issued on January 20, 2025.
The bill creates s. 908.13, F.S., to provide the chief immigration officer with the sole authority to
issue a state of emergency related to illegal immigration, illegal migration, or immigration
enforcement. Such authority is subject to similar requirements as that of emergency declarations
by the Governor. These include:
• Authorizing the chief immigration officer may issue emergency orders, proclamations, and
rules and may amend or rescind them. Such orders, proclamations, and rules have the force
and effect of law.
• Limiting the duration of an emergency order, proclamation, or rule to not more than 60 days,
while allowing renewal as necessary during the emergency. Authorizing the Legislature, at
any time and by concurrent resolution to terminate a state of emergency or any specific order,
proclamation, or rule thereunder.
During a declared state of emergency for illegal immigration, illegal migration, or immigration
enforcement, the chief immigration officer must coordinate with and advise state and local law
enforcement agencies for the purpose of securing compliance. The chief immigration officer,
when deemed necessary to respond to immigration-related emergencies, must request assistance
from the Governor for the activation and deployment of the Florida National Guard.
The bill makes corresponding changes in section 7 of the bill to amend s. 252.36, F.S., related to
the Governor’s emergency powers to exclude suspension of the immigration statutes amended by
the bill related to the chief immigration officer and ch. 908, F.S.
The bill amends s. 908.107, F.S., to provide that the chief immigration officer may present
evidence to the Governor that an executive or administrative state, county, or municipal officer
has violated his or her duties under ch. 908, F.S., and recommend that the Governor take action
using his or her authority under the State Constitution and state law.
Additionally, the bill authorizes the chief immigration officer to file suit against a local
governmental entity or local law enforcement agency for declaratory or injunctive relief for a
violation of ch. 908, F.S. Current law provides that only the Attorney General may bring such
suit.
The Office within the Division of Law Enforcement under the DACS is authorized and all
conditions are deemed met, to adopt emergency rules to implement the creation of this act.
Emergency rules adopted are effective for 6 months after adoption and may be renewed during
the pendency of procedures to adopt permanent rules addressing the subject of the emergency
rules. This section expires July 1, 2026.
BILL: SB 2-B Page 28
State Immigration Enforcement Council (Section 27)
The bill creates s. 908.1042, F.S., to create the State Immigration Enforcement Council within
the Office for the purpose of advising the chief immigration officer.
The council at a minimum must be composed of seven sheriffs and four police chiefs appointed
by the chief immigration officer, as well as the executive director of the FDLE. The chief
immigration officer must appoint a sheriff to serve as chair of the council. Appointments to the
council must be made by March 1, 2025. Any vacancies to the council must be filled within 2
weeks after such a vacancy. The Office must provide the council with the staff necessary to
assist the council in the performance of its duties.
Membership of the council will not disqualify a member from holding any other public office or
being employed by a public entity except that a member of the Legislature may not serve on the
council. Members of the council must serve without compensation but are entitled to
reimbursement for per diem and travel expenses.
The council must meet quarterly and additional meetings may be held at the discretion of the
chair. The duties of the council include:
• Advising the chief immigration officer on the efforts of local law enforcement agencies
related to the enforcement of federal immigration laws within the state.
• Providing recommendations on the financial resources necessary to aid local law
enforcement agencies in the cooperation and coordination with the Federal Government.
• Providing recommendations to enhance information sharing between the state entities, local
entities, law enforcement agencies, and the Federal Government in the enforcement of
federal immigration laws within the state.
• Providing recommendations of any resources necessary to facilitate the training of local law
enforcement agencies in the cooperation and coordination with the Federal Government and
the enforcement of federal immigration laws.
• Providing recommendations on strategies to increase the number of available detention beds
for use by the ICE.
• Analyze the information collected by the Office related to levels of cooperation and
coordination and make recommendations to the chief immigration officer.
Local Law Enforcement Immigration Grant Program (Section 4)
The bill creates s. 19.56, F.S., to create the Local Law Enforcement Immigration Grant Program
within the Office. The Office may award grants to support local law enforcement agencies
cooperation and coordination with federal immigration agencies. The Office must annually
award any funds specifically appropriated for the grant program to reimburse expenses,
including, but not limited to, the subletting of detention beds to the ICE, equipment, travel,
lodging, and training programs to include certified apprenticeship programs, related to
supporting the enforcement of federal immigration laws.
The Office must prescribe the procedure and application for the program. Grants must be
awarded on a first-come, first-served basis. The Office must not duplicate benefits and grants
may not be awarded to pay for any activity for which the local law enforcement agency has BILL: SB 2-B Page 29
received or expects to receive federal or other funding. The bill appropriates $100 million in
nonrecurring general revenues funds to the Office to implement the grant program.
Employment (Sections 8, 15, 16, 17)
The bill transfers responsibilities related to employment verification from the DCM to the Office
by amending ss. 448.09 and 448.095, F.S. The bill amends s. 448.09, F.S., related to prohibited
employment by unauthorized aliens, and s. 448.095, F.S., related to E-Verify, to specify that the
Office must notify the DCM if it finds or is notified that an employer has violated the provisions
of the respective statutes. The bill amends s. 288.061, F.S., to make corresponding changes.
Related to any fines imposed by the Office for violations of the E-Verify law, the Office must
deposit such fines into the General Inspection Trust Fund, and the bill retains the requirement
that collected fines must be used for employer outreach and public notice of the state’s
employment verification laws.
The bill amends s. 480.0535, F.S., require the FDOH to also notify the chief immigration officer
if a person operating a massage establishment, an employee, or any person performing massage
therapy in a massage establishment fails to provide valid government identification.
Health Data (Section 14)
The bill amends s. 395.3027, F.S., to add the chief immigration officer within the DACS to the
list of individuals to which the AHCA must submit a report. Additionally, the bill specifies that
the report must consist of a consolidation of the quarterly reports of the prior calendar year and
an executive summary of the data.
Immigration Enforcement (Sections 2, 30, 33, 34, 35, 36, 37, 40, 43, 44)
The bill amends s. 14.23, F.S., to specify that the Office of State-Federal Relations does not
serve as a liaison between the state government and federal immigration agencies regarding
federal immigration laws and matters directly related thereto. The Commissioner of Agriculture
as the chief immigration officer is the exclusive liaison between the state government and federal
immigration agencies regarding such matters. The Commissioner may appoint an employee of
the DACS to work as an adjunct official with the Office of State-Federal Relations.
The bill provides that Executive Order 23-03, renewed by executive orders 23-49, 23-88, 23-134,
23-213, 23-245, 24-35, 24-74, 24-118, 24-173, 24-220 and 24-269, may not be renewed. Once
the state of emergency expires, or but for early termination would have expired, the Governor
may not issue a subsequent state of emergency with respect to the same or substantially similar
issue or circumstance.
The bill amends s. 1 of ch. 2023-3, L.O.F., to move the Unauthorized Alien Transport program
from under the Division of Emergency Management within the Executive Office of the Governor
to the Division of Law Enforcement under the DACS. Additionally, the Division of Law
Enforcement must evaluate the effectiveness and value of the program in assisting coordination
with the Federal Government and recommend to the Legislature by March 15, 2025, to make no
changes or to continue or modify the program. The bill also appropriates $10 million to this BILL: SB 2-B Page 30
transferred program and immediately reverts the unexpended balance of funds for the existing
program.
The bill amends s. 908.11, F.S., to specify that the sheriff or the chief correctional officer, rather
than each law enforcement agency, must enter into specified written agreements. Additionally,
beginning no later than April 1, 2025, and until each sheriff or chief correctional officer
operating a county detention facility enters into such a written agreement, such sheriff or chief
correctional officer must notify the Office quarterly of the status of such written agreement and
any reason for noncompliance. Current law provides that each law enforcement agency must
notify the FDLE.
The bill amends ss. 943.03 and 943.0311, F.S., to remove reference to the FDLE’s
responsibilities and duties relating to matters of immigration and provide that the FDLE, or the
chief of domestic security, must coordinate with the Office or the chief immigration officer when
providing assistance to the Federal Government in the enforcement of federal immigration laws.
The bill amends ss. 943.03101, 943.0312, and 943.0313, F.S., to remove reference to the FDLE’s
responsibilities and duties relating to matters of immigration.
Additionally, the bill provides that any interagency agreement, memorandum of understanding,
or contract existing before the effective date of this act between the FDLE and any other agency
related to the coordination or enforcement of federal immigration laws must continue as an
agreement, memorandum, or contract for the remainder of its term with the DACS replacing the
FDLE as a party.
Any administrative rules promulgated by the FDLE related to coordination with the Federal
Government regarding federal immigration laws or the enforcement of federal immigration laws
are transferred to the DACS.
Cooperation with Federal Government (Section 26)
The bill creates s. 908.1041, F.S., to provide that every state, county, district, authority, or
municipal officer, department, division, board, bureau, commission, or other separate unit of
government and any other public or private agency, person, partnership, corporation, or business
entity contracted with or otherwise acting on behalf of any public agency has a duty and an
obligation to cooperate to the fullest extent possible with the Federal Government in the
enforcement of federal immigration laws and the protection of the borders of the U.S.
State entities and state law enforcement agencies must cooperate and coordinate with the Office
at its request. Any communication with or coordination between a state entity and federal
immigration agency concerning federal immigration laws or matters directly related thereto must
occur through the Office. The chief immigration officer must approve, prior to execution, any
interagency agreement, memorandum of understanding or contract, or any modification or
amendment thereto, concerning federal immigration laws or matters directly related to such.
Any requests for assistance regarding federal immigration laws by a local governmental entity or
a local law enforcement agency must be coordinated through the Office. BILL: SB 2-B Page 31
Criminal Law (Sections 6, 18, 19, 20, 21, 25, 28, 32, 42)
The bill amends s. 908.105, F.S., to provide that upon determining that an immigration detainer
is made in accordance with s. 908.102(3), F.S., a law enforcement agency must comply with the
request made in the immigration detainer.
Additionally, a law enforcement agency that has custody of a person subject to an immigration
detainer issued by a federal immigration agency must notify the state attorney that the person is
subject to an immigration detainer.
The bill amends s. 908.104, F.S., to provide that a sheriff or chief correctional officer operating a
county detention facility must provide, upon request from a federal immigration agency, a list of
all inmates booked into a county detention facility and any information regarding each inmate’s
immigration status.
Section 908.104(5), F.S., provides that a state entity, local governmental entity, or law
enforcement agency is not required to provide a federal immigration agency with information
related to a victim of or a witness to a criminal offense if the victim or witness timely and in
good faith responds to the entity’s or agency’s request for information and cooperates in the
investigation or prosecution of such offense. The bill specifies that such a victim or witness
must be necessary to the investigation or prosecution of such crime, and that such crime must
occur in the U.S.
Section 908.104(8), F.S., provides that a state entity, local governmental entity, or law
enforcement agency is not required to provide a federal immigration agency with information
related to a necessary witness or victim of specified crimes. The bill specifies that the crime must
occur in the U.S., and that documentation must be relied upon to verify that the person was a
necessary witness or victim to the crime.
The bill makes legislative findings that the state’s criminal justice training centers as well as
facilities of the Department of Military Affairs, such as the Camp Blanding Joint Training
Center, are highly qualified and critical strategic year-round assets for training. The Legislature
has made significant investments to make Camp Blanding Joint Training Center the premier
facility in the southeast. In order to support the anticipated training and operations involving
multiple federal and state and local agencies and given the scale and value of this state’s assets,
the Department of Military Affairs and local law enforcement must work with the Office to
ensure that the state’s federal partners can access and use the state’s physical assets in order to
further the nation’s mission to address illegal immigration. Such activities include outreach to
federal partnership as well as entering into agreements for the use of such facilities.
Criminal Penalties
The bill amends s. 775.0848, F.S., to reclassify misdemeanor crimes if such crime was
committed after the person was convicted of unlawful reentry into the United States, pursuant to
8 U.S.C. s. 1326:
• A second-degree misdemeanor is reclassified to a first-degree misdemeanor. BILL: SB 2-B Page 32
• A first-degree misdemeanor is reclassified to a third-degree felony.
The bill creates s. 104.155, F.S., to provide that it is a third-degree felony for a person who is not
who is not a citizen of the U.S. to willfully vote in any election. A person’s ignorance of his or
her citizenship status or a person’s bona fide belief of his or her citizenship status cannot be
raised as a defense in a prosecution.
Any person who aids or solicits another to commit the crime described above with knowledge
that such person is not a citizen of the U.S., commits a third-degree felony.
The bill amends s. 895.02, F.S., to add aiding or soliciting a noncitizen in voting to the list of
crimes that may constitute racketeering activity.
The bill amends s. 921.0022, F.S., to rank the third-degree felonies of unqualified noncitizen
electors voting or aiding or soliciting noncitizen electors in voting is ranked as a level four
offense in the offense severity ranking chart.
Pretrial Release
The bill amends s. 903.046, F.S., to provide that the court must consider a defendant’s
immigration status when determining whether to release a defendant on bail or other conditions,
and what that bail or conditions may be.
The bill amends s. 907.041, F.S., to add immigration status to the list of circumstances that must
be investigated or verified before a person may be released on nonmonetary conditions under the
supervision of a pretrial release service.
The arresting agency must notify the state attorney of a person’s immigration status when such
person is arrested and charged with a crime for which pretrial detention could be ordered.
Driving (Sections 9, 10, 11, 12, 13)
The bill clarifies that proof of identity for driver licenses, titles, and registrations may include
certain valid, unexpired passports. The bill amends ss. 319.001, 320.01, and 322.08, F.S., to
create standard requirements. A “valid passport” is defined to mean:
• An unexpired passport or passport card issued by the U.S. government; or
• An unexpired passport issued by the government of another country with:
o A stamp or mark affixed by the U.S. Department of Homeland Security onto the passport
to evidence and authorize lawful presence in the United States; or
o An unexpired I-94, or current permanent resident card, or unexpired immigrant visa,
issued by the United States Department of Homeland Security.
The bill also requires a person who becomes a U.S. citizen to obtain a replacement driver license
within 30 days of becoming a citizen. The bill amends s. 322.19, F.S., to provide that a person
who becomes a citizen of the United States after applying for or receiving a driver license must
obtain a replacement license or card that reflects such change within 30 calendar days after
making the change. The bill makes a corresponding amendment to s. 322.121, F.S., related to BILL: SB 2-B Page 33
“safe driver” designations on licenses. The bill also updates the time period referenced in that
statute from 10 days to 30 days to align with s. 322.19, F.S., which was updated in 2016.
140
Out-of-State Fee Waivers (38, 39)
The bill amends s. 1009.26, F.S., effective July 1, 2025, to specify that a student must be a
citizen of the United States or lawfully present in the United States, in addition to the other
conditions, in order to qualify for the out-of-state fee waiver at a Florida public postsecondary
institution. Fewer students would therefore be eligible for the waiver, but the exact number of
students is unknown.
In addition to new applications for fee waivers that must be evaluated based on the additional
criteria in the bill, the bill also requires postsecondary institutions to, beginning July 1, 2025,
reevaluate any student who is currently receiving the fee waiver to determine continued
eligibility.
Appropriations (Sections 45, 46)
For the 2024-2025 fiscal year, the sums of $20,562,630 in recurring funds and $484,467,609 in
nonrecurring funds are appropriated from the General Revenue Fund to the DACS to implement
this act.
From the nonrecurring general revenue funds, $100,000,000 must be allocated to implement the
Local Law Enforcement Immigration Grant Program. The division is authorized to use
$3,750,000 of the funds for administrative costs associated with developing and implementing
the grant program. The division must develop an implementation plan including procedures,
administration, and criteria for approving grant applications. The implementation plan must be
submitted to the Legislature no later than March 1, 2025. Upon approval of the implementation
plan by the Legislature, the Chief Financial Officer must immediately release the balance of the
funds to the division.
From the nonrecurring general revenue funds, $375,000,000 must be allocated to implement
specific recommendations from the DACS for use of the funds, which may include funds to
support federal access to training facilities in this state; grants to local law enforcement to retain
existing law enforcement officers or attract new officers; and grants to pay costs incurred by
local law enforcement that were necessary for the full support and coordination with the Federal
Government in the implantation and enforcement of federal immigration policies, including
training activities related to the federal program established under s. 287(g) of the Immigration
and Nationality Act, 8 U.S.C. s. 1357. The DACS must develop a report of the
recommendations including allocations of applicable costs and implementation plans. The report
must be submitted to the Legislature by March 15, 2025. Upon approval of the report by
concurrent resolution of the Legislature, the Chief Financial Officer must immediately release
funds to the DACS.
140
Section 60, ch. 2016-239, Laws of Fla. BILL: SB 2-B Page 34
The unexpended balance of funds provided in s. 229, ch. 2024-231, L.O.F., to the Executive
Office of the Governor, Division of Emergency Management, must immediately revert. The
unexpended balance is approximately $5.6 million. For the 2024-2025 fiscal year, the
nonrecurring sum of $10,000,000 from the General Revenue Fund is appropriated to the Division
of Law Enforcement within the DACS for the Unauthorized Alien Transport Program as
amended by the bill.
Except as otherwise provided by this act, this act takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Department of Agriculture and Consumer Services
The provisions of the bill relating to the Commissioner of Agriculture serving as the chief
immigration officer and the creation of the Office of State Immigration Enforcement
within the department will have a significant fiscal impact to the DACS. To address such BILL: SB 2-B Page 35
impact, the bill provides the following appropriations to the DACS for the 2024-2025
fiscal year broken down as follows:
• $20,562,630 in recurring funds from the General Revenue Fund:
o $898,592 to Executive Direction and Support Services.
o $19,664,038 to the Division of Law Enforcement/Office of State Immigration
Enforcement.
o Authorizes the DACS to establish 142 full-time equivalent positions with
associated salary rate of 8,584,000 within the Division of Law
Enforcement/Office of State Immigration Enforcement.
o Authorizes the DACS to establish 7 full-time equivalent positions with associated
salary rate of 550,000 within the Executive Direction and Support Services budget
entity.
• $484,467,609 in nonrecurring funds from the General Revenue Fund:
o $38,017 to Executive Direction and Support Services for expenses.
o $9,429,592 to the Division of Law Enforcement/Office of State Immigration
Enforcement for expenses, contracted services, and other purchases.
o $100,000,000 to implement the Local Law Enforcement Immigration Grant
Program.
o $375,000,000 to implement specific recommendations from the division/office for
the use of the funds related to coordination with the Federal Government in the
implementation and enforcement of federal immigration policies included within
the division/office’s report.
The unexpended balance of nonrecurring general revenue funds appropriated to the
Division of Law Enforcement/Office of State Immigration Enforcement for expenses,
contracted services, and other purchases remaining on June 30, 2025, reverts and is
appropriated to the division for the 2025-2026 fiscal year for the same purpose.
The bill immediately reverts the unexpended balance of funds provided to the Division of
Emergency Management, provided pursuant to s. 229, ch. 2024-231, Laws of Florida, to
respond to unauthorized alien activities.
The bill appropriates for the 2024-2025 fiscal year the nonrecurring sum of $10,000,000
from the General Revenue Fund to the Division of Law Enforcement within the DACS
for the Unauthorized Alien Transport Program as amended by the bill.
Out-of-State Fee Waivers
The bill has an indeterminate, likely significant, revenue impact on state colleges and
universities relating to the requirement that out-of-state fee waivers be granted only to
students who are citizens of the United States or lawfully present in the United States.
The fiscal impact is indeterminate because it is difficult to identify the number of students
who would be affected by the changes outlined in the bill. In addition, the revenue impact
will also depend on the behavior of affected students. While the cumulative amount of
the fee waivers was more than $40 million in FY 2023-2024, it is not clear that
institutions will receive that revenue with the changes to the fee waiver. Some students
who are undocumented for federal immigration purposes may choose to pay the out-of- BILL: SB 2-B Page 36
state fee while others may choose to withdraw from school. Therefore, institutions may
experience an increase in fee revenue as students pay the out-of-state fees, or experience
declines in fee revenue as those students decide to withdraw from school and are not
replaced by other students.
Department of Corrections
The DOC may have a positive indeterminate impact on prison beds (unquantifiable
increase in prison beds) due to the creation of a new crime and the increase in penalties.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill grants the Office with rulemaking to implement several sections of the bill, including
emergency rulemaking authority in order to quickly implement the provisions while regular
administrative rules are adopted.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 14.23, 20.14,
252.36, 288.061, 319.001, 320.01, 322.08, 322.121, 322.19, 395.3027, 448.09, 448.095,
480.0535, 775.0848, 895.02, 903.046, 907.041, 908.101, 908.102, 908.104, 908.105, 908.107,
908.11, 921.0022, 943.03, 943.03101, 943.0311, 943.0312, 943.0313, and 1009.26.
This bill contains eight undesignated sections of Florida Law.
This bill creates the following sections of the Florida Statutes: 19.55, 19.56, 104.155, 908.1031,
908.1041, 908.1042, and 908.13.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.