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A bill to be entitled 1
An act relating to immigration; providing a short 2
title; amending s. 14.23, F.S.; providing that the 3
Commissioner of Agriculture is the only person 4
responsible for serving as liaison between certain 5
entities regarding federal immigration laws; 6
authorizing the Commissioner of Agriculture to appoint 7
an employee to serve in a specific capacity; creating 8
s. 19.55, F.S.; providing that the Commissioner of 9
Agriculture is the chief immigration officer; 10
providing responsibilities for such position; creating 11
s. 19.56, F.S.; creating the Local Law Enforcement 12
Immigration Grant Program within the Office of State 13
Immigration Enforcement within the Division of Law 14
Enforcement under the Department of Agriculture and 15
Consumer Services for specified purposes; providing 16
the process for awarding grants; prohibiting grants 17
from being awarded for certain activities; requiring 18
the office to adopt rules; creating s. 19.57, F.S.; 19
creating the Local Law Enforcement Federal 20
Participation Incentive Program within the Office of 21
State Immigration Enforcement within the Division of 22
Law Enforcement under the Department of Agriculture 23
and Consumer Services for specified purposes ; 24
requiring the office to prescribe the procedure and 25
application for the program and distribution of bonus 26
payments; prohibiting awards from being made for 27
certain activities; providing the process for awarding 28
bonus payments; requiring the office to adopt rules; 29 CS for SB 2-B First Engrossed
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amending s. 20.14, F.S.; revising the division 30
structure within the Department of Agriculture and 31
Consumer Services; authorizing the department to 32
establish certain offices; creating s. 104.155, F.S.; 33
providing criminal penalties for certain persons who 34
vote in an election; prohibiting certain defenses from 35
being raised; providing criminal penalties for a 36
person who takes certain actions with specified 37
knowledge; amending s. 252.36, F.S.; providing 38
construction; amending s. 288.061, F.S.; requiring the 39
Department of Commerce to take specified actions when 40
notified of noncompliance with specified economic 41
development incentive application requirements; 42
amending ss. 319.001 and 320.01, F.S.; defining the 43
term “valid passport”; amending s. 322.02, F.S.; 44
providing legislative intent; amending s. 322.033, 45
F.S.; providing legislative intent; specifying that 46
certain driver licenses issued by other states 47
exclusively to unauthorized aliens are invalid in this 48
state and do not authorize the holder to operate motor 49
vehicles in this state; amending s. 322.08, F.S.; 50
revising the types of documents that may be used as 51
proof of identity for application for certain 52
licenses; amending s. 322.121, F.S.; revising the 53
exceptions to the prohibitions on a person being 54
identified as a “Safe Driver”; revising the time 55
period for making certain notifications to the 56
department in order to be identified as a “Safe 57
Driver”; amending s. 322.19, F.S.; requiring a person 58 CS for SB 2-B First Engrossed
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who has become a citizen of the United States to 59
obtain specified replacement documents within a 60
certain time; amending s. 395.3027, F.S.; revising 61
reporting requirements related to patient immigration 62
status; amending s. 448.09, F.S.; conforming 63
provisions to changes made by the act; amending s. 64
448.095, F.S.; revising the entities responsible for 65
enforcing provisions relating to employment 66
eligibility; revising the trust fund into which 67
certain funds are deposited; amending s. 480.0535, 68
F.S.; expanding the parties required to receive a 69
certain notice related to massage establishments; 70
creating s. 775.0824, F.S; providing legislative 71
intent; defining terms; providing sentencing 72
requirements for dangerous unauthorized alien 73
offenders; providing construction; amending s. 74
775.0848, F.S.; expanding the classification of crimes 75
that may be reclassified in certain circumstances; 76
amending s. 874.03, F.S.; revising the definition of 77
the term “criminal gang”; defining the term 78
“transnational crime organization”; amending s. 79
895.02, F.S.; revising the definition of the term 80
“racketeering activity”; amending s. 903.046, F.S.; 81
expanding the criteria the court must consider when 82
making bail determinations; amending s. 907.041, F.S.; 83
expanding circumstances a pretrial release service 84
must certify to the court; expanding the information 85
required to be reported to a state attorney after an 86
arrest; amending s. 908.101, F.S.; providing 87 CS for SB 2-B First Engrossed
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additional legislative findings; amending s. 908.102, 88
F.S.; defining the terms “chief immigration officer” 89
and “office”; creating s. 908.1031, F.S.; creating the 90
Office of State Immigration Enforcement within the 91
Division of Law Enforcement under the Department of 92
Agriculture and Consumer Services for specified 93
purposes; requiring the office to employ certain 94
personnel; providing powers, duties, and 95
qualifications for such personnel; providing certain 96
authority and powers of such personnel; providing 97
reporting requirements; providing that the office 98
serves a specified purpose; authorizing the office to 99
adopt rules; amending s. 908.104, F.S.; requiring 100
specified parties to provide certain information to a 101
federal immigration agency; expanding the criteria for 102
receiving a certain exemption; revising applicability; 103
creating s. 908.1041, F.S.; requiring cooperation and 104
coordination between specified entities in the 105
enforcement of immigration laws; requiring the 106
approval of the state immigration officer for certain 107
actions related to agreements or contracts; creating 108
s. 908.1042, F.S.; creating the State Immigration 109
Enforcement Council; providing the purpose, 110
membership, compensation, staff, meetings, and duties 111
of the council; authorizing the Office of State 112
Immigration Enforcement to adopt rules; amending s. 113
908.105, F.S.; requiring law enforcement agencies that 114
have custody of specified persons to notify the state 115
attorney; requiring the chief immigration officer to 116 CS for SB 2-B First Engrossed
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initiate judicial proceedings in the name of the state 117
under specified circumstances; requiring a court, upon 118
a certain finding, to declare invalid specified 119
ordinances, regulations, rules, or policies and issue 120
a permanent injunction; prohibiting a certain defense 121
from being raised; requiring the court to issue a fine 122
if it makes a certain determination; prohibiting the 123
use of public funds under certain circumstances; 124
providing an exception; conforming a cross -reference; 125
amending s. 908.107, F.S.; authorizing the chief 126
immigration officer to present certain evidence to the 127
Governor and make certain recommendations and to file 128
suit against certain entities and agencies for a 129
specified purpose; amending s. 908.11, F.S.; revising 130
the entities required to enter into certain agreements 131
with the United States Immigration and Customs 132
Enforcement; requiring that entities that do not enter 133
into such agreements by a specified date take certain 134
actions; creating s. 908.13, F.S.; providing 135
construction; authorizing the chief immigration 136
officer to issue a state of emergency in specified 137
circumstances; authorizing the issuance, amendment, 138
and renewal of certain orders, proclamations, and 139
rules that meet certain conditions; requiring 140
emergency orders to be disseminated in a specified 141
manner; requiring such orders be filed with specified 142
parties; providing an exception; authorizing the 143
Legislature to take certain actions relating to a 144
state of emergency declared by the chief immigration 145 CS for SB 2-B First Engrossed
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officer; requiring the chief immigration officer to 146
issue a certain order in specified circumstances; 147
requiring that certain declarations and orders be 148
filed in a specified manner with the Division of 149
Administrative Hearings; requiring the division to 150
make all such declarations and orders available in a 151
searchable format; requiring a certain link be placed 152
on the Department of Agriculture and Consumer Services 153
website; requiring the chief immigration officer to 154
take certain actions during a specified state of 155
emergency; requiring the chief immigration officer to 156
request certain assistance during specified states of 157
emergency; amending s. 921.0022, F.S.; ranking an 158
offense created by the act on the offense severity 159
ranking chart of the Criminal Punishment Code; 160
creating s. 921.1426, F.S.; requiring a court to 161
sentence unauthorized aliens convicted of specified 162
crimes to death; defining the term “unauthorized 163
alien”; amending s. 943.03, F.S.; requiring the 164
Department of Law Enforcement to coordinate with the 165
chief immigration officer for a certain purpose; 166
amending s. 943.03101, F.S.; conforming provisions to 167
changes made by the act; amending s. 943.0311, F.S.; 168
requiring the Chief of Domestic Security to coordinate 169
with the chief immigration officer for a certain 170
purpose; amending ss. 943.0312 and 943.0313, F.S.; 171
conforming provisions to changes made by the act; 172
amending s. 1009.26, F.S.; revising eligibility for 173
certain fee waivers; requiring that students receiving 174 CS for SB 2-B First Engrossed
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such a waiver be reevaluated for eligibility beginning 175
on a certain date; requiring that certain agreements 176
and contracts replace one party with a specified 177
entity; requiring the transfer of certain rules; 178
authorizing the Office of State Immigration 179
Enforcement to adopt emergency rules; providing 180
requirements for such rules; providing legislative 181
findings; requiring the Department of Military Affairs 182
and local law enforcement to work with the Office of 183
State Immigration Enforcement for a specified purpose; 184
amending chapter 2023 -3, Laws of Florida; conforming 185
provisions to changes made by the act; requiring the 186
Division of Law Enforcement to evaluate a specified 187
program and make recommendations by a certain date; 188
prohibiting the renewal or issuance of certain 189
executive orders; providing appropriations; 190
authorizing the establishment of certain positions; 191
requiring the reversion of the unexpended balance of 192
certain funds; providing for immediate release of 193
specified funds; providing effective dates. 194
195
WHEREAS, the United States has long welcomed immigrants to 196
this country, and 197
WHEREAS, federal law provides many pathways for immigrants 198
to become permanent lawful residents and citizens of the United 199
States and to enter the country temporarily for work, education, 200
and tourism, and 201
WHEREAS, the state welcomes lawful immigrants who love 202
freedom, recognize the equality and intrinsic value and worth of 203 CS for SB 2-B First Engrossed
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all individuals, wish to follow the law, and who seek to 204
contribute to our state’s peace, security, cultural vibrancy, 205
and prosperity, and 206
WHEREAS, the previous federal administration substantially 207
ignored its duties under federal law to deter and prevent 208
illegal immigration and remove illegal immigrants, and 209
WHEREAS, representatives of the previous federal 210
administration repeatedly claimed the “border is secure,” 211
despite the fact that millions of immigrants entered the United 212
States illegally, outside of designated border crossings, and 213
WHEREAS, illegal immigrants caught crossing the southwest 214
border illegally included dangerous criminals on the terrorist 215
watch list, some of whom were released into the United States by 216
the previous federal administration, and 217
WHEREAS, the open border policies of the previous federal 218
administration have allowed drug cartels to smuggle massive 219
amounts of illegal drugs, including fentanyl, across the border 220
and into American communities, causing loss of American lives 221
and dangerous, deadly situations for first responders, and 222
WHEREAS, SM 1020 (2024) urged the federal government to 223
designate drug cartels as foreign terrorist organizations, and 224
WHEREAS, President Trump, in his executive order 225
Designating Cartels and Other Organizations as Foreign Terrorist 226
Organizations and Specially Designated Global Terrorists, 227
implemented a policy to ensure the total elimination of these 228
organizations’ presence in the United States and their ability 229
to threaten the territory, safety, and security of our country, 230
and 231
WHEREAS, instead of deterring and preventing illegal 232 CS for SB 2-B First Engrossed
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immigration, the previous federal administration and sanctuary 233
jurisdictions invited, administered, and oversaw an 234
unprecedented flood of illegal immigration into the United 235
States, encouraging people to illegally cross the border, 236
putting themselves in danger as well as allowing dangerous 237
individuals to enter and commit crimes across the country at a 238
high cost to the American people, and 239
WHEREAS, the previous federal administration and sanctuary 240
jurisdictions, through their actions incentivizing illegal entry 241
into our county, caused great financial harm to the nation and 242
communities, and 243
WHEREAS, in response to the border crisis caused by the 244
previous federal administration, the Florida Legislature passed 245
enhanced state laws to combat illegal immigration, making 246
Florida a national leader in fighting illegal immigration, and 247
WHEREAS, SB 168 (2019) prohibited a state entity, local 248
governmental entity, or law enforcement agency from having a 249
sanctuary policy, and 250
WHEREAS, SB 168 (2019) required a county correctional 251
facility to enter into an agreement with a federal immigration 252
agency for the payment of costs associated with housing and 253
detaining defendants, and 254
WHEREAS, SB 1718 (2023) helped to protect citizens from the 255
financial costs of illegal immigration, competition in the labor 256
force from illegal immigrants who drive down wages for citizens, 257
and security risks created by some illegal immigrants and gangs 258
of criminal illegal immigrants, and 259
WHEREAS, SB 1718 (2023) increased criminal penalties for 260
human-smuggling of children and persons the offender knew to 261 CS for SB 2-B First Engrossed
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have unlawfully entered the United States, and 262
WHEREAS, SB 1718 (2023) required widespread use of E -Verify 263
to deny employment to illegal immigrants who are not authorized 264
to work in this country, and 265
WHEREAS, SB 1718 (2023) increased penalties for using false 266
identification documents to obtain employment, and 267
WHEREAS, SB 1718 (2023) declared as invalid driver licenses 268
issued by other states that did not require proof of lawful 269
presence in the United States, and 270
WHEREAS, SB 1718 (2023) required persons in the custody of 271
a law enforcement agency and subject to an immigration detainer 272
to submit a DNA sample, and 273
WHEREAS, SB 1718 (2023) required the reporting of data to 274
aid in the estimation of the cost of health care provided to 275
illegal immigrants, and 276
WHEREAS, HB 1589 (2024) increased the criminal penalties 277
for repeated offenses of driving without a valid driver license, 278
and 279
WHEREAS, SB 1036 (2024) increased criminal penalties when 280
people convicted of illegal reentry commit a felony or commit a 281
crime that furthers the interests of a transnational crime 282
organization, and 283
WHEREAS, HB 1451 (2024) and SB 1718 (2023) prohibited 284
counties and municipalities from funding and accepting 285
identification cards knowingly issued by organizations to 286
individuals not lawfully present in the United States, and 287
WHEREAS, uninsured drivers increase the cost of auto 288
insurance and a national survey indicated half of adult illegal 289
immigrants drive without auto insurance, and 290 CS for SB 2-B First Engrossed
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WHEREAS, the Department of Corrections estimated the cost 291
to house 4,653 illegal immigrant inmates in 2023 exceeded $143 292
million, and 293
WHEREAS, according to the Department of Education, for the 294
2022-2023 school year, there were 152,437 immigrant children 295
enrolled in the public schools at a cost of approximately $8,000 296
per student, and 297
WHEREAS, President Trump, within his first hours of office, 298
issued several executive orders to protect American citizens and 299
interests and secure the nation’s borders, and 300
WHEREAS, the President of the United States has the 301
authority under the Immigration and Nationality Act, as well as 302
inherent authority under Article II of the Constitution, to 303
prevent the physical entry of illegal aliens into the United 304
States across the southern border, and 305
WHEREAS, President Trump declared the existence of a 306
national emergency at the southern border of the United States 307
and has declared his intent to take every lawful action at his 308
disposal to address the crisis and take back control from the 309
previous federal administration’s abdication of its 310
responsibility to enforce the border, and 311
WHEREAS, President Trump stated the policy of the United 312
States is to secure the borders, and ordered the border be 313
secured through various means, including federal -state 314
partnerships with local law enforcement agencies to enforce 315
federal immigration priorities, detaining and removing aliens 316
apprehended for violations of immigration law, and ending the 317
“catch-and-release” practices of previous administrations, and 318
WHEREAS, President Trump declared the new national 319 CS for SB 2-B First Engrossed
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direction for federal agencies to take all appropriate action to 320
protect the public safety and national security interests of the 321
American people by ensuring the successful enforcement of 322
federal laws, including order of removal and stopping illegal 323
entry, and 324
WHEREAS, President Trump has indicated his guarantee the 325
federal government will take all appropriate steps to protect 326
the American public against the invasion of unknown persons 327
attempting to illegally enter the United States, and 328
WHEREAS, President Trump has ordered the federal laws 329
related to the process of entry of migrants to be enforced, 330
instead of ignored or side -stepped as in the previous 331
administration, and such vigilant security and stringent 332
verification will protect Americans and identify criminals or 333
those intending harm before they ever are admitted or enter the 334
United States, and 335
WHEREAS, on January 21, 2025, the new acting commandant of 336
the United States Coast Guard directed operational commanders to 337
immediately surge assets, including cutters, aircraft, boats, 338
and specialized forces, to areas around this state to prevent a 339
maritime mass migration from Haiti or Cuba and to detect and 340
deter drug smuggling, and 341
WHEREAS, President Trump has suspended the U.S. Refugee 342
Admissions Program to provide relief to small cities and towns 343
which have seen significant influxes of migrants, and because 344
American communities lack the ability to absorb large numbers of 345
migrants, and in particular, refugees, in a manner that does not 346
compromise the availability of resources for Americans, that 347
protects American safety and security, and that ensures the 348 CS for SB 2-B First Engrossed
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appropriate assimilation of refugees, and 349
WHEREAS, the numerous executive orders entered by President 350
Trump demonstrate the federal government will finally end 351
policies detrimental to lawful citizens and will enforce the 352
laws of this country to combat illegal immigration, protect 353
victims of crimes committed by illegal immigrants, reduce cost 354
burdens related to illegal aliens, including ending public 355
benefits, and protect our borders, and 356
WHEREAS, it is necessary to detail immigration enforcement 357
responsibilities in Florida law and to centralize those 358
responsibilities in an agency having authority in civil, 359
administrative, and criminal matters, and 360
WHEREAS, the Legislature finds it necessary to rigorously 361
implement both the letter and spirit of President Trump’s plan 362
to secure our border, protect our state and national 363
sovereignty, support Florida law enforcement, and affirm the 364
federal government’s responsibility over immigration, NOW, 365
THEREFORE, 366
367
Be It Enacted by the Legislature of the State of Florida: 368
369
Section 1. This act may be cited as the “Tackling and 370
Reforming Unlawful Migration Policy (TRUMP) Act .” 371
Section 2. Paragraph (d) is added to subsection (2) of 372
section 14.23, Florida Statutes, and subsection (3) of that 373
section is amended, to read: 374
14.23 State-Federal relations.— 375
(2) CREATION OF THE OFFICE OF STATE -FEDERAL RELATIONS.— 376
(d) The office does not serve as a liaison between the 377 CS for SB 2-B First Engrossed
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state government and federal immigration agencies, as defined in 378
s. 908.102, regarding federal immigration laws and matters 379
directly related thereto. The Commissioner of Agriculture as the 380
chief immigration officer is the exclusive liaison between the 381
state government and federal immigration agencies regarding 382
federal immigration laws and matters directly related thereto. 383
The Commissioner of Agriculture, at his or her discretion, may 384
appoint an employee of the Department of Agriculture and 385
Consumer Services to work as an adjunct official to the office 386
for the purpose of facilitating coordination between the state 387
government and federal immigration agencies. 388
(3) COOPERATION.—For the purpose of centralizing the state -389
federal relations efforts of the state, state agencies and their 390
representatives shall cooperate and coordinate their state -391
federal efforts and activities with the office , except as 392
provided in paragraph (2)(d) . State agencies which have 393
representatives headquartered in Washington, D.C., are 394
encouraged to station their representatives in the office. 395
Section 3. Section 19.55, Florida Statutes, is created to 396
read: 397
19.55 Commissioner of Agriculture as chief immigration 398
officer.—The Commissioner of Agriculture is the chief 399
immigration officer of the state and serves as the state’s 400
official liaison between state entities, local governmental 401
entities, and law enforcement agencies and the Federal 402
Government regarding the enforcement of federal immigration 403
laws. It is the responsibility of the chief immigration officer 404
to: 405
(1) Coordinate with and provide assistance to the Federal 406 CS for SB 2-B First Engrossed
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Government in the enforcement of federal immigration laws and 407
other matters related to the enforcement of federal immigration 408
laws. 409
(2) Coordinate with and provide assistance to law 410
enforcement agencies, as defined in s. 908.102, in the 411
enforcement of federal immigration laws and other matters 412
related to the enforcement of such laws, and monitor local 413
government compliance with the requirements of chapter 908. 414
(3) Administer the Local Law Enforcement Immigration Grant 415
Program established in s. 19.56. 416
(4) Regularly coordinate random audits pursuant to s. 417
448.095 to ensure compliance and enforcement. 418
(5) Provide recommendations regarding measures that may be 419
implemented to improve cooperation and coordination with the 420
Federal Government in the enforcement of federal immigration 421
laws to the President of the Senate and the Speaker of the House 422
of Representatives. 423
(6) No later than March 15, 2025, report to the President 424
of the Senate and the Speaker of the House of Representatives 425
the number of vacant beds available in state correctional 426
institutions and facilities and county detention facilities 427
which can be sublet to the United States Immigration and Customs 428
Enforcement for use as detention beds. Operators of state 429
correctional institutions and facilities and county detention 430
facilities shall provide such information requested by the chief 431
immigration officer no later than March 1, 2025. 432
(7) Serve as an “authorized state officer” under the Laken 433
Riley Act, S. 5, 119th Cong. (2025), for purposes of having 434
standing to bring an action against specified federal officials 435 CS for SB 2-B First Engrossed
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to obtain injunctive relief on behalf of the state and its 436
residents. 437
(8) Actively seek Congressional action to amend the 438
National Crime Prevention and Privacy Compact to require states 439
that are a party to the compact to share information relating to 440
a person’s immigration status for criminal justice purposes and 441
to require that such information be fully shared with all 442
federal agencies having authority over immigration enforcement. 443
Section 4. Section 19.56, Florida Statutes, is created to 444
read: 445
19.56 Local Law Enforcement Immigration Grant Program. — 446
(1) There is created in the Office of State Immigration 447
Enforcement within the Division of Law Enforcement under the 448
Department of Agriculture and Consumer Services the Local Law 449
Enforcement Immigration Grant Program to award grants to support 450
local law enforcement agencies, which include chief correctional 451
officers operating county detention facilities, in their 452
cooperation and coordination with federal immigration agencies, 453
as defined in s. 908.102, in the enforcement of federal 454
immigration laws. 455
(2) The office shall annually award any funds specifically 456
appropriated for the grant program to reimburse expenses for, 457
including, but not limited to, subletting detention beds to the 458
United States Immigration and Customs Enforcement, equipment, 459
travel, lodging, and training programs to include certified 460
apprenticeship programs, related to supporting the enforcement 461
of federal immigration laws. The total amount of grants awarded 462
may not exceed funding appropriated for the grant program. 463
(3) The office must prescribe the procedure and application 464 CS for SB 2-B First Engrossed
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for the program. Grants shall be awarded on a first -come, first-465
served basis based on the date the office received each 466
completed application. In order to efficiently and effectively 467
disburse the funds, the office shall not duplicate benefits and 468
grants may not be awarded to pay for any activity for which the 469
agency has received or expects to receive federal or other 470
funding. 471
(4) The office shall adopt rules to implement this section. 472
Section 5. Section 19.57, Florida Statutes, is created to 473
read: 474
19.57 The Local Law Enforcement Federal Participation 475
Incentive Program.— 476
(1) The Local Law Enforcement Federal Participation 477
Incentive Program is created in the Office of State Immigration 478
Enforcement within the Division of Law Enforcement under the 479
Department of Agriculture and Consumer Services. The purpose of 480
the program is to administer one -time bonus payments of up to 481
$1,000 to local law enforcement officers in this state who 482
participate in United States Department of Homeland Security at -483
large task force operations. 484
(2) The office shall prescribe the procedure and 485
application for the program and distribution of bonus payments. 486
Eligible activity does not include operations occurring solely 487
at state correctional facilities or county correctional 488
facilities. Local law enforcement agencies shall assist the 489
office with the collection of any data necessary to determine 490
bonus payment amounts and to distribute the bonus payments and 491
shall otherwise provide the office with any information or 492
assistance needed to fulfill the requirements of this section. 493 CS for SB 2-B First Engrossed
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(3) Bonus payments shall be awarded on a first -come, first-494
served basis based on the date the office received each 495
completed application. The total amount of bonuses awarded may 496
not exceed funding appropriated for the program. A local law 497
enforcement agency may submit a joint application for all law 498
enforcement officers within its agency who are eligible for the 499
bonus. 500
(4) The office shall adopt rules to implement this section. 501
Section 6. Subsections (2) and (3) of section 20.14, 502
Florida Statutes, are amended to read: 503
20.14 Department of Agriculture and Consumer Services. —504
There is created a Department of Agriculture and Consumer 505
Services. 506
(2) The following units divisions of the Department of 507
Agriculture and Consumer Services are established: 508
(a) Division of Administration. 509
(b) Division of Agricultural Environmental Services. 510
(c) Division of Animal Industry. 511
(d) Division of Aquaculture. 512
(e) Division of Consumer Services. 513
(f) Division of Food Safety. 514
(g) Division of Florida Forest Service. 515
(h) Division of Fruit and Vegetables. 516
(i) Division of Law Enforcement. 517
1. Office of Agriculture Law Enforcement. 518
2. Office of State Immigration Enforcement. 519
(j)(i) Division of Licensing. 520
(k)(j) Division of Marketing and Development. 521
(l)(k) Division of Plant Industry. 522 CS for SB 2-B First Engrossed
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(m)(l) Division of Food, Nutrition, and Wellness. 523
(3) Notwithstanding s. 20.04(7)(b) and (c), the department 524
may establish bureaus and offices may be established as deemed 525
necessary to promote efficient and effective operation of the 526
department, pursuant to s. 20.04 . 527
Section 7. Section 104.155, Florida Statutes, is created to 528
read: 529
104.155 Unauthorized alien willfully voting; prohibited 530
defenses; aiding or soliciting unauthorized alien in voting 531
prohibited.— 532
(1) Any person who is not a qualified elector because he or 533
she is an unauthorized alien as defined in s. 908.111 and who 534
willfully votes in any election commits a felony of the third 535
degree, punishable as provided in s. 775.082, s. 775.083, or s. 536
775.084. A person’s ignorance of his or her status as an 537
unauthorized alien or a person’s bona fide belief of his or her 538
status as an unauthorized alien cannot be raised as a defense in 539
a prosecution for a violation of this subsection. 540
(2) Any person who aids or solicits another to violate 541
subsection (1) with knowledge that such person is an 542
unauthorized alien as defined in s. 908.111 commits a felony of 543
the third degree, punishable as provided in s. 775.082, s. 544
775.083, or s. 775.084. 545
Section 8. Paragraph (a) of subsection (6) of section 546
252.36, Florida Statutes, is amended to read: 547
252.36 Emergency management powers of the Governor. — 548
(6) In addition to any other powers conferred upon the 549
Governor by law, she or he may: 550
(a) Suspend the provisions of any regulatory statute 551 CS for SB 2-B First Engrossed
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prescribing the procedures for conduct of state business or the 552
orders or rules of any state agency, if strict compliance with 553
the provisions of any such statute, order, or rule would in any 554
way prevent, hinder, or delay necessary action in coping with 555
the emergency. However, nothing in this paragraph may be used to 556
suspend any provision in s. 19.55 or s. 19.56 or in chapter 908. 557
Section 9. Subsection (6) of section 288.061, Florida 558
Statutes, is amended to read: 559
288.061 Economic development incentive application 560
process.— 561
(6) The Secretary of Commerce may not approve an economic 562
development incentive application unless the application 563
includes proof to the department that the applicant business is 564
registered with and uses the E -Verify system, as defined in s. 565
448.095, to verify the work authorization status of all newly 566
hired employees. If the department is notified by the Office of 567
State Immigration Enforcement within the Department of 568
Agriculture and Consumer Services determines that an awardee is 569
not complying with this subsection, the department must notify 570
the awardee by certified mail of the office’s department’s 571
determination of noncompliance and the awardee’s right to appeal 572
the determination. Upon a final determination of noncompliance, 573
the awardee must repay all moneys received as an economic 574
development incentive to the department within 30 days after the 575
final determination. 576
Section 10. Subsection (13) is added to section 319.001, 577
Florida Statutes, to read: 578
319.001 Definitions.—As used in this chapter, the term: 579
(13) “Valid passport” means: 580 CS for SB 2-B First Engrossed
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(a) An unexpired passport or passport card issued by the 581
United States government; or 582
(b) An unexpired passport issued by the government of 583
another country with: 584
1. A stamp or mark affixed by the Federal Government onto 585
the passport to evidence and authorize lawful presence in the 586
United States; or 587
2. An unexpired I-94, or current permanent resident card, 588
or unexpired immigrant visa, issued by the Federal Government. 589
Section 11. Subsection (46) is added to section 320.01, 590
Florida Statutes, to read: 591
320.01 Definitions, general. —As used in the Florida 592
Statutes, except as otherwise provided, the term: 593
(46) “Valid passport” means: 594
(a) An unexpired passport or passport card issued by the 595
United States government; or 596
(b) An unexpired passport issued by the government of 597
another country with: 598
1. A stamp or mark affixed by the Federal Government onto 599
the passport to evidence and authorize lawful presence in the 600
United States; or 601
2. An unexpired I-94, or current permanent resident card, 602
or unexpired immigrant visa, issued by the Federal Government. 603
Section 12. Subsection (2) of section 322.02, Florida 604
Statutes, is amended to read: 605
322.02 Legislative intent; administration. — 606
(2) The Department of Highway Safety and Motor Vehicles is 607
charged with the administration and function of enforcement of 608
this chapter and the administration and enforcement of 49 C.F.R. 609 CS for SB 2-B First Engrossed
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parts 382-386 and 390-397. The Legislature intends for the state 610
to meet all minimum security standards of the R EAL ID Act of 611
2005, Public Law No. 109 -13, for driver licenses and 612
identification cards issued by this state. Such action ensures 613
that all state-issued driver licenses and identification cards 614
are available to United States citizens and individuals who are 615
not citizens but who are lawfully present and meet the 616
requirements of the REAL ID Act . 617
Section 13. Section 322.033, Florida Statutes, is amended 618
to read: 619
322.033 Unauthorized aliens; invalid out -of-state driver 620
licenses.— 621
(1) The Legislature intends for only driver licenses or 622
identification cards to be issued which meet all minimum 623
security requirements of the R EAL ID Act of 2005, Public Law No. 624
109-13. The department is prohibited from issuing a driver 625
license or identification card to any person who is an 626
unauthorized alien. 627
(2) If a driver license is of a class of licenses issued by 628
another state exclusively to unauthorized aliens undocumented 629
immigrants who are unable to prove lawful presence in the United 630
States when the licenses are issued, the driver license, or 631
other permit purporting to authorize the holder to operate a 632
motor vehicle on public roadways, is invalid in this state and 633
does not authorize the holder to operate a motor vehicle in this 634
state. Such classes of licenses include licenses that are issued 635
exclusively to unauthorized aliens, undocumented immigrants , or 636
licenses that are substantially the same as licenses issued to 637
citizens, residents, or those lawfully present in the United 638 CS for SB 2-B First Engrossed
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States but have markings establishing that the license holder 639
did not exercise the option of providing proof of lawful 640
presence. 641
(3)(2) A law enforcement officer or other authorized 642
representative of the department who stops a person driving with 643
an invalid license as described in subsection (2) (1) and 644
driving without a valid license shall issue a citation to the 645
driver for driving without a license in violation of s. 322.03. 646
(4)(3) The department, to facilitate the enforcement of 647
this section and to aid in providing notice to the public and 648
visitors of invalid licenses, shall maintain on its website a 649
list of out-of-state classes of driver licenses that are invalid 650
in this state. 651
Section 14. Paragraph (c) of subsection (2) of section 652
322.08, Florida Statutes, is amended to read: 653
322.08 Application for license; requirements for license 654
and identification card forms. — 655
(2) Each such application shall include the following 656
information regarding the applicant: 657
(c) Proof of identity satisfactory to the department. Such 658
proof must include one of the following documents issued to the 659
applicant: 660
1. A driver license record or identification card record 661
from another jurisdiction which complies with the federal REAL 662
ID Act of 2005, Public Law No. 109 -13, and which that required 663
the applicant to submit a document for identification which is 664
substantially similar to a document required under subparagraph 665
2., subparagraph 3., subparagraph 4., subparagraph 5., 666
subparagraph 6., subparagraph 7., or subparagraph 8.; 667 CS for SB 2-B First Engrossed
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2. A certified copy of a United States birth certificate; 668
3. A valid, unexpired United States passport or passport 669
card; 670
4. A naturalization certificate issued by the United States 671
Department of Homeland Security; 672
5. A valid, unexpired alien registration receipt card 673
(green card); 674
6. A Consular Report of Birth Abroad provided by the United 675
States Department of State; 676
7. An unexpired employment authorization card issued by the 677
United States Department of Homeland Security; or 678
8. Proof of nonimmigrant classification provided by the 679
United States Department of Homeland Security, for an original 680
driver license. In order to prove nonimmigrant classification, 681
an applicant must provide at least one of the following 682
documents. In addition, the department may require applicants to 683
produce United States Department of Homeland Security documents 684
for the sole purpose of establishing the maintenance of, or 685
efforts to maintain, continuous lawful presence: 686
a. A notice of hearing from an immigration court scheduling 687
a hearing on any proceeding. 688
b. A notice from the Board of Immigration Appeals 689
acknowledging pendency of an appeal. 690
c. A notice of the approval of an application for 691
adjustment of status issued by the United States Citizenship and 692
Immigration Services. 693
d. An official documentation confirming the filing of a 694
petition for asylum or refugee status or any other relief issued 695
by the United States Citizenship and Immigration Services. 696 CS for SB 2-B First Engrossed
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e. A notice of action transferring any pending matter from 697
another jurisdiction to this state issued by the United States 698
Citizenship and Immigration Services. 699
f. An order of an immigration judge or immigration officer 700
granting relief that authorizes the alien to live and work in 701
the United States, including, but not limited to, asylum. 702
g. Evidence that an application is pending for adjustment 703
of status to that of an alien lawfully admitted for permanent 704
residence in the United States or conditional permanent resident 705
status in the United States, if a visa number is available 706
having a current priority date for processing by the United 707
States Citizenship and Immigration Services. 708
h. On or after January 1, 2010, An unexpired foreign 709
passport issued by the government of another country with: 710
(I) A stamp or mark affixed by the Federal Government onto 711
the passport to evidence and authorize lawful presence in the 712
United States; or 713
(II) An unexpired United States Visa affixed, accompanied 714
by an approved I-94, or current permanent resident card, or 715
unexpired immigrant visa, issued by the Federal Government 716
documenting the most recent admittance into the United States . 717
718
A driver license or temporary permit issued based on documents 719
required in subparagraph 7. or subparagraph 8. is valid for a 720
period not to exceed the expiration date of the document 721
presented or 1 year. 722
Section 15. Paragraph (e) of subsection (2) of section 723
322.121, Florida Statutes, is amended to read: 724
322.121 Periodic reexamination of all drivers. — 725 CS for SB 2-B First Engrossed
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(2) For each licensee whose driving record does not show 726
any revocations, disqualifications, or suspensions for the 727
preceding 7 years or any convictions for the preceding 3 years 728
except for convictions of the following nonmoving violations: 729
(e) Failure to notify the department of a change of 730
address, or name, or United States citizenship status within 30 731
10 days pursuant to s. 322.19, 732
733
the department shall cause such licensee’s license to be 734
prominently marked with the notation “Safe Driver.” 735
Section 16. Section 322.19, Florida Statutes, is amended to 736
read: 737
322.19 Change of address, or name, or citizenship status.— 738
(1) Except as provided in ss. 775.21, 775.261, 943.0435, 739
944.607, and 985.4815, whenever any person, after applying for 740
or receiving a driver license or identification card, changes 741
his or her legal name, that person must within 30 days 742
thereafter obtain a replacement license or card that reflects 743
the change. 744
(2) If a person, after applying for or receiving a driver 745
license or identification card, changes the legal residence or 746
mailing address in the application, license, or card, the person 747
must, within 30 calendar days after making the change, obtain a 748
replacement license or card that reflects the change. A written 749
request to the department must include the old and new addresses 750
and the driver license or identification card number. Any person 751
who has a valid, current student identification card issued by 752
an educational institution in this state is presumed not to have 753
changed his or her legal residence or mailing address. This 754 CS for SB 2-B First Engrossed
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subsection does not affect any person required to register a 755
permanent or temporary address change pursuant to s. 775.13, s. 756
775.21, s. 775.25, or s. 943.0435. 757
(3) If a person, after applying for or receiving a driver 758
license or identification card, becomes a citizen of the United 759
States, such person must, within 30 calendar days after making 760
the change, obtain a replacement license or card that reflects 761
such change. 762
(4)(3) A violation of this section is a nonmoving violation 763
with a penalty as provided in s. 318.18(2). 764
(5)(4) Notwithstanding any other provision of this chapter, 765
if a licensee established his or her identity for a driver 766
license using an identification document authorized under s. 767
322.08(2)(c)7. or 8., the licensee may not change his or her 768
name or address except in person and upon submission of an 769
identification document authorized under s. 322.08(2)(c)7. or 8. 770
Section 17. Subsection (3) of section 395.3027, Florida 771
Statutes, is amended to read: 772
395.3027 Patient immigration status data collection. — 773
(3) By March 1 of each year, the agency shall submit a 774
report to the Governor, the chief immigration officer within the 775
Department of Agriculture and Consumer Services, the President 776
of the Senate, and the Speaker of the House of Representatives . 777
The report shall consist of a consolidation of the quarterly 778
reports of the prior calendar year and an executive summary of 779
the data which includes the total number of hospital admissions 780
and emergency department visits for the previous calendar year 781
for which the patient or patient’s representative reported that 782
the patient was a citizen of the United States or lawfully 783 CS for SB 2-B First Engrossed
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present in the United States, was not lawfully present in the 784
United States, or declined to answer. The report must also 785
describe information relating to the costs of uncompensated care 786
for aliens who are not lawfully present in the United States, 787
the impact of uncompensated care on the cost or ability of 788
hospitals to provide services to the public, hospital funding 789
needs, and other related information. 790
Section 18. Subsections (2), (3), and (4) of section 791
448.09, Florida Statutes, are amended to read: 792
448.09 Unauthorized aliens; employment prohibited. — 793
(2) If the Office of State Immigration Enforcement within 794
the Department of Agriculture and Consumer Services Commerce 795
finds or is notified by an entity specified in s. 448.095(3)(a) 796
that an employer has knowingly employed an unauthorized alien 797
without verifying the employment eligibility of such person, the 798
office department must notify the Department of Commerce, which 799
must enter an order pursuant to chapter 120 making such 800
determination and require repayment of any economic development 801
incentive pursuant to s. 288.061(6). 802
(3) For a violation of this section, the Office of State 803
Immigration Enforcement department shall place the employer on 804
probation for a 1-year period and require that the employer 805
report quarterly to the office department to demonstrate 806
compliance with the requirements of subsection (1) and s. 807
448.095. 808
(4) Any violation of this section which takes place within 809
24 months after a previous violation constitutes grounds for the 810
suspension or revocation of all licenses issued by a licensing 811
agency subject to chapter 120. The Office of State Immigration 812 CS for SB 2-B First Engrossed
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Enforcement department shall take the following actions for a 813
violation involving: 814
(a) One to ten unauthorized aliens, suspension of all 815
applicable licenses held by a private employer for up to 30 days 816
by the respective agencies that issued them. 817
(b) Eleven to fifty unauthorized aliens, suspension of all 818
applicable licenses held by a private employer for up to 60 days 819
by the respective agencies that issued them. 820
(c) More than fifty unauthorized aliens, revocation of all 821
applicable licenses held by a private employer by the respective 822
agencies that issued them. 823
Section 19. Paragraph (a) of subsection (3) and subsection 824
(6) of section 448.095, Florida Statutes, are amended to read: 825
448.095 Employment eligibility. — 826
(3) ENFORCEMENT.— 827
(a) For the purpose of enforcement of this section, any of 828
the following persons or entities may request, and an employer 829
must provide, copies of any documentation relied upon by the 830
employer for the verification of a new employee’s employment 831
eligibility: 832
1. The Office of State Immigration Enforcement within the 833
Department of Agriculture and Consumer Services Law Enforcement; 834
2. The Attorney General; 835
3. The state attorney in the circuit in which the new 836
employee works; or 837
4. The statewide prosecutor ; or 838
5. The Department of Commerce . 839
(6) COMPLIANCE.— 840
(a) In addition to the requirements under s. 288.061(6), 841 CS for SB 2-B First Engrossed
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beginning on July 1, 2024, If the Office of State Immigration 842
Enforcement Department of Commerce determines that an employer 843
failed to use the E-Verify system to verify the employment 844
eligibility of employees as required under this section, the 845
office department must notify the employer of the office’s 846
department’s determination of noncompliance and provide the 847
employer with 30 days to cure the noncompliance. The office must 848
also provide notice to the Department of Commerce, which shall 849
take action pursuant to s. 288.061(6). 850
(b) If the Office of State Immigration Enforcement 851
Department of Commerce determines that an employer failed to use 852
the E-Verify system as required under this section three times 853
in any 24-month period, the office department must impose a fine 854
of $1,000 per day until the employer provides sufficient proof 855
to the office department that the noncompliance is cured. 856
Noncompliance constitutes grounds for the suspension of all 857
licenses issued by a licensing agency subject to chapter 120 858
until the noncompliance is cured. 859
(c) Fines collected under this subsection must be deposited 860
into the General Inspection State Economic Enhancement and 861
Development Trust Fund for use by the Office of State 862
Immigration Enforcement department for employer outreach and 863
public notice of the state’s employment verification laws. 864
Section 20. Subsection (4) of section 480.0535, Florida 865
Statutes, is amended to read: 866
480.0535 Documents required while working in a massage 867
establishment; penalties; reporting. — 868
(4) The department shall notify a federal immigration 869
office and the chief immigration officer within the Department 870 CS for SB 2-B First Engrossed
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of Agriculture and Consumer Services if a person operating a 871
massage establishment, an employee, or any person performing 872
massage therapy in a massage establishment fails to provide 873
valid government identification as required under this section. 874
Section 21. Section 775.0824, Florida Statutes, is created 875
to read: 876
775.0824 Dangerous Unauthorized Alien Offender; legislative 877
intent; definitions; mandatory minimum prison terms. — 878
(1) It is the intent of the Legislature that dangerous 879
unauthorized alien offenders be punished to the fullest extent 880
of the law and as provided in this section. 881
(2) As used in this section, the terms: 882
(a) “Dangerous unauthorized alien offender” means any 883
unauthorized alien who is a member of a criminal gang as defined 884
in s. 874.03, including any member of a transnational crime 885
organization, and who commits or attempts to commit a felony 886
offense in this state. 887
(b) “Unauthorized alien” means a person who is unlawfully 888
present in the United States according to the terms of the 889
federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et 890
seq. The term shall be interpreted consistently with any 891
applicable federal statutes, rules, or regulations. 892
(3) For an offense committed on or after the effective date 893
of this act, if the state attorney determines that a person is a 894
dangerous unauthorized alien offender as defined in subsection 895
(2), the state attorney shall seek to have the court sentence 896
the person as a dangerous unauthorized alien offender. In a 897
separate proceeding conducted pursuant to this section, upon 898
proof from the state attorney that establishes by a 899 CS for SB 2-B First Engrossed
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preponderance of the evidence that the person is a dangerous 900
unauthorized alien offender, such person is not eligible for 901
sentencing under the sentencing guidelines and must be sentenced 902
as follows: 903
(a) For a felony punishable by life, by a term of life 904
imprisonment; 905
(b) For a felony of the first degree, by a term of 906
imprisonment of 30 years; 907
(c) For a felony of the second degree, by a term of 908
imprisonment for 15 years; 909
(d) For a felony of the third degree, by a term of 910
imprisonment for 5 years. 911
(4) A person sentenced under subsection (3) shall be 912
released only by expiration of sentence and shall not be 913
eligible for parole, control release, or any form of early 914
release. Any person sentenced under subsection (3) must serve 915
100 percent of the court -imposed sentence. 916
(5) Nothing in this section shall prevent a court from 917
imposing a greater sentence of incarceration as authorized by 918
law, pursuant to s. 775.084 or any other provision of law. 919
Section 22. Section 775.0848, Florida Statutes, is amended 920
to read: 921
775.0848 Offenses committed by an unauthorized alien; 922
reclassification; unauthorized alien Commission of a felony 923
after unlawful reentry into the United States; 924
reclassification.—The penalty for any misdemeanor or felony 925
shall be reclassified as provided in this section if the 926
commission of such misdemeanor or felony was committed by an 927
unauthorized alien as defined in s. 908.111. A person who has 928 CS for SB 2-B First Engrossed
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been previously convicted of a crime relating to the reentry of 929
removed aliens under 8 U.S.C. s. 1326 shall have the penalty for 930
committing a felony committed after such conviction reclassified 931
in the following manner: 932
(1) A misdemeanor of the second degree is reclassified to a 933
misdemeanor of the first degree. 934
(2) A misdemeanor of the first degree is reclassified to a 935
felony of the third degree. 936
(3) A felony of the third degree is reclassified to a 937
felony of the second degree. 938
(4)(2) A felony of the second degree is reclassified to a 939
felony of the first degree. 940
(5)(3) A felony of the first degree is reclassified to a 941
life felony. 942
Section 23. Subsection (1) of section 874.03, Florida 943
Statutes, is amended, and subsection (8) is added to that 944
section, to read: 945
874.03 Definitions.—As used in this chapter: 946
(1) “Criminal gang” means a formal or informal ongoing 947
organization, association, or group that has as one of its 948
primary activities the commission of criminal or delinquent 949
acts, and that consists of three or more persons who have a 950
common name or common identifying signs, colors, or symbols, 951
including, but not limited to, terrorist organizations , 952
transnational crime organizations, and hate groups. 953
(a) As used in this subsection, “ongoing” means that the 954
organization was in existence during the time period charged in 955
a petition, information, indictment, or action for civil 956
injunctive relief. 957 CS for SB 2-B First Engrossed
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(b) As used in this subsection, “primary activities” means 958
that a criminal gang spends a substantial amount of time engaged 959
in such activity, although such activity need not be the only, 960
or even the most important, activity in which the criminal gang 961
engages. 962
(8) “Transnational crime organization” means any group, 963
network, or association of persons, at least one of which is an 964
unauthorized alien as defined in 8 U.S.C. ss. 1101, that 965
routinely facilitates the international trafficking of drugs, 966
humans, or weapons or the international smuggling of humans. 967
Section 24. Paragraph (a) of subsection (8) of section 968
895.02, Florida Statutes, is amended to read: 969
895.02 Definitions.—As used in ss. 895.01 -895.08, the term: 970
(8) “Racketeering activity” means to commit, to attempt to 971
commit, to conspire to commit, or to solicit, coerce, or 972
intimidate another person to commit: 973
(a) Any crime that is chargeable by petition, indictment, 974
or information under the following provisions of the Florida 975
Statutes: 976
1. Section 104.155(2), relating to aiding or soliciting a n 977
unauthorized alien in voting. 978
2. Section 210.18, relating to evasion of payment of 979
cigarette taxes. 980
3.2. Section 316.1935, relating to fleeing or attempting to 981
elude a law enforcement officer and aggravated fleeing or 982
eluding. 983
4.3. Chapter 379, relating to the illegal sale, purchase, 984
collection, harvest, capture, or possession of wild animal life, 985
freshwater aquatic life, or marine life, and related crimes. 986 CS for SB 2-B First Engrossed
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5.4. Section 403.727(3)(b), relating to environmental 987
control. 988
6.5. Section 409.920 or s. 409.9201, relating to Medicaid 989
fraud. 990
7.6. Section 414.39, relating to public assistance fraud. 991
8.7. Section 440.105 or s. 440.106, relating to workers’ 992
compensation. 993
9.8. Section 443.071(4), relating to creation of a 994
fictitious employer scheme to commit reemployment assistance 995
fraud. 996
10.9. Section 465.0161, relating to distribution of 997
medicinal drugs without a permit as an Internet pharmacy. 998
11.10. Section 499.0051, relating to crimes involving 999
contraband, adulterated, or misbranded drugs. 1000
12.11. Part IV of chapter 501, relating to telemarketing. 1001
13.12. Chapter 517, relating to sale of securities and 1002
investor protection. 1003
14.13. Section 550.235 or s. 550.3551, relating to 1004
dogracing and horseracing. 1005
15.14. Chapter 550, relating to jai alai frontons. 1006
16.15. Section 551.109, relating to slot machine gaming. 1007
17.16. Chapter 552, relating to the manufacture, 1008
distribution, and use of explosives. 1009
18.17. Chapter 560, relating to money transmitters, if the 1010
violation is punishable as a felony. 1011
19.18. Chapter 562, relating to beverage law enforcement. 1012
20.19. Section 624.401, relating to transacting insurance 1013
without a certificate of authority, s. 624.437(4)(c)1., relating 1014
to operating an unauthorized multiple -employer welfare 1015 CS for SB 2-B First Engrossed
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arrangement, or s. 626.902(1)(b), relating to representing or 1016
aiding an unauthorized insurer. 1017
21.20. Section 655.50, relating to reports of currency 1018
transactions, when such violation is punishable as a felony. 1019
22.21. Chapter 687, relating to interest and usurious 1020
practices. 1021
23.22. Section 721.08, s. 721.09, or s. 721.13, relating to 1022
real estate timeshare plans. 1023
24.23. Section 775.13(5)(b), relating to registration of 1024
persons found to have committed any offense for the purpose of 1025
benefiting, promoting, or furthering the interests of a criminal 1026
gang. 1027
25.24. Section 777.03, relating to commission of crimes by 1028
accessories after the fact. 1029
26.25. Chapter 782, relating to homicide. 1030
27.26. Chapter 784, relating to assault and battery. 1031
28.27. Chapter 787, relating to kidnapping, human 1032
smuggling, or human trafficking. 1033
29.28. Chapter 790, relating to weapons and firearms. 1034
30.29. Chapter 794, relating to sexual battery, but only if 1035
such crime was committed with the intent to benefit, promote, or 1036
further the interests of a criminal gang, or for the purpose of 1037
increasing a criminal gang member’s own standing or position 1038
within a criminal gang. 1039
31.30. Former s. 796.03, former s. 796.035, s. 796.04, s. 1040
796.05, or s. 796.07, relating to prostitution. 1041
32.31. Chapter 806, relating to arson and criminal 1042
mischief. 1043
33.32. Chapter 810, relating to burglary and trespass. 1044 CS for SB 2-B First Engrossed
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34.33. Chapter 812, relating to theft, robbery, and related 1045
crimes. 1046
35.34. Chapter 815, relating to computer -related crimes. 1047
36.35. Chapter 817, relating to fraudulent practices, false 1048
pretenses, fraud generally, credit card crimes, and patient 1049
brokering. 1050
37.36. Chapter 825, relating to abuse, neglect, or 1051
exploitation of an elderly person or disabled adult. 1052
38.37. Section 827.071, relating to commercial sexual 1053
exploitation of children. 1054
39.38. Section 828.122, relating to fighting or baiting 1055
animals. 1056
40.39. Chapter 831, relating to forgery and counterfeiting. 1057
41.40. Chapter 832, relating to issuance of worthless 1058
checks and drafts. 1059
42.41. Section 836.05, relating to extortion. 1060
43.42. Chapter 837, relating to perjury. 1061
44.43. Chapter 838, relating to bribery and misuse of 1062
public office. 1063
45.44. Chapter 843, relating to obstruction of justice. 1064
46.45. Section 847.011, s. 847.012, s. 847.013, s. 847.06, 1065
or s. 847.07, relating to obscene literature and profanity. 1066
47.46. Chapter 849, relating to gambling, lottery, gambling 1067
or gaming devices, slot machines, or any of the provisions 1068
within that chapter. 1069
48.47. Chapter 874, relating to criminal gangs. 1070
49.48. Chapter 893, relating to drug abuse prevention and 1071
control. 1072
50.49. Chapter 896, relating to offenses related to 1073 CS for SB 2-B First Engrossed
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financial transactions. 1074
51.50. Sections 914.22 and 914.23, relating to tampering 1075
with or harassing a witness, victim, or informant, and 1076
retaliation against a witness, victim, or informant. 1077
52.51. Sections 918.12 and 918.13, relating to tampering 1078
with jurors and evidence. 1079
Section 25. Paragraph (c) of subsection (2) of section 1080
903.046, Florida Statutes, is amended to read: 1081
903.046 Purpose of and criteria for bail determination. — 1082
(2) When determining whether to release a defendant on bail 1083
or other conditions, and what that bail or those conditions may 1084
be, the court shall consider: 1085
(c) The defendant’s family ties, length of residence in the 1086
community, employment history, financial resources, and mental 1087
condition, and immigration status . 1088
Section 26. Paragraph (b) of subsection (3) and paragraph 1089
(e) of subsection (5) of section 907.041, Florida Statutes, are 1090
amended to read: 1091
907.041 Pretrial detention and release. — 1092
(3) RELEASE ON NONMONETARY CONDITIONS. — 1093
(b) No person shall be released on nonmonetary conditions 1094
under the supervision of a pretrial release service, unless the 1095
service certifies to the court that it has investigated or 1096
otherwise verified: 1097
1. The circumstances of the accused’s family, employment, 1098
financial resources, character, mental condition, immigration 1099
status, and length of residence in the community; 1100
2. The accused’s record of convictions, of appearances at 1101
court proceedings, of flight to avoid prosecution, or of failure 1102 CS for SB 2-B First Engrossed
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to appear at court proceedings; and 1103
3. Other facts necessary to assist the court in its 1104
determination of the indigency of the accused and whether she or 1105
he should be released under the supervision of the service. 1106
(5) PRETRIAL DETENTION.— 1107
(e) When a person charged with a crime for which pretrial 1108
detention could be ordered is arrested, the arresting agency 1109
shall promptly notify the state attorney of the arrest and shall 1110
provide the state attorney with such information as the 1111
arresting agency has obtained relative to: 1112
1. The nature and circumstances of the offense charged; 1113
2. The nature of any physical evidence seized and the 1114
contents of any statements obtained from the defendant or any 1115
witness; 1116
3. The defendant’s family ties, residence, employment, 1117
financial condition, and mental condition, and immigration 1118
status; and 1119
4. The defendant’s past conduct and present conduct, 1120
including any record of convictions, previous flight to avoid 1121
prosecution, or failure to appear at court proceedings. 1122
Section 27. Section 908.101, Florida Statutes, is amended 1123
to read: 1124
908.101 Legislative findings and intent. — 1125
(1) The Legislature finds that it is an important state 1126
interest to cooperate and assist the Federal Government in the 1127
enforcement of federal immigration laws within this state. 1128
(2) The Legislature further finds that designating a single 1129
state officer, the Commissioner of Agriculture, as the chief 1130
immigration officer, is essential to facilitating coordination, 1131 CS for SB 2-B First Engrossed
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assistance, and communication between the Federal Government, 1132
state entities, local governmental entities, and law enforcement 1133
agencies regarding the enforcement of federal immigration laws. 1134
Section 28. Subsections (1) through (5) and subsections (6) 1135
and (7) of section 908.102, Florida Statutes, are renumbered as 1136
subsections (2) through (6) and subsections (8) and (9), 1137
respectively, and new subsections (1) and (7) are added to that 1138
section to read: 1139
908.102 Definitions.—As used in this chapter, the term: 1140
(1) “Chief immigration officer” means the chief immigration 1141
officer as described in s. 19.55. 1142
(7) “Office” means the Office of State Immigration 1143
Enforcement established within the Division of Law Enforcement 1144
under the Department of Agriculture and Consumer Services. 1145
Section 29. Section 908.1031, Florida Statutes, is created 1146
to read: 1147
908.1031 Office of State Immigration Enforcement; creation; 1148
purpose and duties.— 1149
(1) The Office of State Immigration Enforcement is 1150
established within the Division of Law Enforcement under the 1151
Department of Agriculture and Consumer Services. The purpose of 1152
the office is to aid the Commissioner of Agriculture in the 1153
commissioner’s role as the chief immigration officer of the 1154
state by: 1155
(a) Encouraging cooperation by state entities, local 1156
governmental entities, and law enforcement agencies with the 1157
Federal Government to support the enforcement of federal 1158
immigration laws to the maximum extent permissible under federal 1159
law across the State of Florida. 1160 CS for SB 2-B First Engrossed
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(b) Serving as the central point of coordination between 1161
federal immigration agencies, state entities, local governmental 1162
entities, and law enforcement agencies regarding the enforcement 1163
of federal immigration laws. 1164
(2) The office shall facilitate the collection and 1165
dissemination of investigative and intelligence information to 1166
the Federal Government. 1167
(3) The office shall employ sworn law enforcement officers, 1168
nonsworn investigators, and administrative personnel. Such 1169
employees, when authorized by federal law, must aid local 1170
governmental entities and law enforcement agencies in the 1171
investigation and enforcement of federal immigration laws. The 1172
positions and resources necessary for the office to accomplish 1173
its duties shall be established through and subject to the 1174
legislative appropriations process. 1175
(4)(a) Each law enforcement officer shall meet the 1176
qualifications of law enforcement officers under s. 943.13 and 1177
shall be certified as a law enforcement officer by the 1178
Department of Law Enforcement under the provisions of chapter 1179
943. Upon certification, each law enforcement officer is subject 1180
to and shall have the same arrest and other authority provided 1181
for law enforcement officers generally in chapter 901 and shall 1182
have statewide jurisdiction. Each officer shall also have arrest 1183
authority as provided for state law enforcement officers in s. 1184
901.15. Such officers have full law enforcement powers granted 1185
to other peace officers of this state, including the authority 1186
to make arrests, carry firearms, serve court process, and seize 1187
contraband and the proceeds of illegal activities. 1188
(b) All law enforcement officers of the office, upon 1189 CS for SB 2-B First Engrossed
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certification under s. 943.1395, shall have the same right and 1190
authority to carry arms as do the sheriffs of this state. 1191
(5) By December 15 of each year, the office shall submit a 1192
report to the Governor, the President of the Senate, and the 1193
Speaker of the House of Representatives. The report may contain 1194
recommendations to the Legislature to improve the state’s 1195
cooperation and coordination with the Federal Government in the 1196
enforcement of federal immigration laws within this state. The 1197
report must detail the number of trained law enforcement 1198
officers under the required agreements in s. 908.11 and the 1199
level of cooperation and coordination between the following 1200
entities and federal immigration agencies: 1201
(a) State entities. 1202
(b) Local governmental entities. 1203
(c) Law enforcement agencies. 1204
(6) The office serves as a relevant state law enforcement 1205
agency for any applicable Federal Homeland Security Task Force 1206
established under President Trump’s Executive Order, Protecting 1207
the American People Against Invasion, issued on January 20, 1208
2025. 1209
(7) The office may adopt rules to implement this section. 1210
Section 30. Subsections (5) through (8) of section 908.104, 1211
Florida Statutes, are renumbered as subsections (6) through (9), 1212
respectively, present subsections (5), (6), and (8) are amended, 1213
and a new subsection (5) is added to that section, to read: 1214
908.104 Cooperation with federal immigration authorities. — 1215
(5) Upon request from a federal immigration agency, a 1216
sheriff or chief correctional officer operating a county 1217
detention facility must provide the requesting federal 1218 CS for SB 2-B First Engrossed
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immigration agency a list of all inmates booked into a county 1219
detention facility and any information regarding each inmate’s 1220
immigration status. 1221
(6)(5) This section does not require a state entity, local 1222
governmental entity, or law enforcement agency to provide a 1223
federal immigration agency with information related to a victim 1224
of or a witness to a criminal offense if : 1225
(a) The victim or witness is necessary to the investigation 1226
or prosecution of a crime, and such crime occurred in the United 1227
States; and 1228
(b) The victim or witness timely and in good faith responds 1229
to the entity’s or agency’s request for information and 1230
cooperates cooperation in the investigation or prosecution of 1231
such the offense. 1232
(7)(6) A state entity, local governmental entity, or law 1233
enforcement agency that, pursuant to subsection (6) (5), 1234
withholds information regarding the immigration information of a 1235
victim of or witness to a criminal offense shall document the 1236
victim’s or witness’s cooperation in the entity’s or agency’s 1237
investigative records related to the offense and shall retain 1238
the records for at least 10 years for the purpose of audit, 1239
verification, or inspection by the Auditor General. 1240
(9)(8) This section does not apply to any alien unlawfully 1241
present in the United States if he or she is or has been a 1242
necessary witness or victim of a crime of domestic violence, 1243
rape, sexual exploitation, sexual assault, murder, manslaughter, 1244
assault, battery, human trafficking, kidnapping, false 1245
imprisonment, involuntary servitude, fraud in foreign labor 1246
contracting, blackmail, extortion, or witness tampering , 1247 CS for SB 2-B First Engrossed
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provided that such crime was committed in the United States. 1248
Documentation, including, but not limited to, police reports, 1249
testimony, sworn statements, or a victim impact statement, must 1250
be relied upon to verify that the person was a necessary witness 1251
or victim to the crime . 1252
Section 31. Section 908.1041, Florida Statutes, is created 1253
to read: 1254
908.1041 Cooperation between public entities to enforce 1255
federal immigration laws. — 1256
(1) Every state, county, district, authority, or municipal 1257
officer, department, division, board, bureau, commission, or 1258
other separate unit of government and any other public or 1259
private agency, person, partnership, corporation, or business 1260
entity contracted with or otherwise acting on behalf of any 1261
public agency has a duty and an obligation to cooperate to the 1262
fullest extent possible with the Federal Government in the 1263
enforcement of federal immigration laws and the protection of 1264
the borders of the United States. 1265
(2) State entities and state law enforcement agencies must 1266
cooperate and coordinate with the office at its request 1267
concerning federal immigration laws or matters directly related 1268
thereto. Any communication with or coordination between a state 1269
entity and a federal immigration agency concerning such laws or 1270
matters must occur through the office. Any interagency 1271
agreement, memorandum of understanding, or contract, or any 1272
modification or amendment to such agreement, memorandum, or 1273
contract, concerning federal immigration laws or matters 1274
directly related thereto between a federal immigration agency 1275
and a state entity or state law enforcement agency must be 1276 CS for SB 2-B First Engrossed
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approved by the chief immigration officer before execution. 1277
(3) If a local governmental entity or local law enforcement 1278
agency requests assistance regarding federal immigration laws 1279
from a state entity or state law enforcement agency, that local 1280
governmental entity or local law enforcement agency must 1281
coordinate the request through the office. 1282
Section 32. Section 908.1042, Florida Statutes, is created 1283
to read: 1284
908.1042 State Immigration Enforcement Council. —The State 1285
Immigration Enforcement Council is created within the office for 1286
the purpose of advising the chief immigration officer. 1287
(1) MEMBERSHIP.—The council at a minimum must be composed 1288
of seven sheriffs and four police chiefs appointed by the chief 1289
immigration officer, as well as the executive director of the 1290
Department of Law Enforcement. The chief immigration officer 1291
must appoint a sheriff to serve as chair of the council. 1292
(2) TERMS OF MEMBERSHIP; COMPENSATION; STAFF. — 1293
(a) Appointments to the council must be made by March 1, 1294
2025. Any vacancy shall be filled within 2 weeks after such a 1295
vacancy. 1296
(b) Membership of the council shall not disqualify a member 1297
from holding any other public office or being employed by a 1298
public entity except that no member of the Legislature shall 1299
serve on the council. The Legislature finds that the council 1300
serves a state, county, and municipal purpose and that service 1301
on the council is consistent with a member’s principal service 1302
in a public office or employment. 1303
(c) Members of the council shall serve without compensation 1304
but are entitled to reimbursement for per diem and travel 1305 CS for SB 2-B First Engrossed
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expenses pursuant to s. 112.061. 1306
(d) The office shall provide the council with staff 1307
necessary to assist the council in the performance of its 1308
duties. 1309
(3) MEETINGS.—The council must meet quarterly. Additional 1310
meetings may be held at the discretion of the chair. A majority 1311
of members of the council constitute a quorum. Council meetings 1312
may be conducted by teleconference or other electronic means. 1313
(4) DUTIES OF COUNCIL.—The council shall: 1314
(a) Advise the chief immigration officer on the efforts of 1315
local law enforcement agencies related to the enforcement of 1316
federal immigration laws within the state. 1317
(b) Provide recommendations on the financial resources 1318
necessary to aid local law enforcement agencies in the 1319
cooperation and coordination with the Federal Government. 1320
(c) Provide recommendations to enhance information sharing 1321
between state entities, local governmental entities, law 1322
enforcement agencies, and the Federal Government in the 1323
enforcement of federal immigration laws within the state. The 1324
recommendations must provide for enhanced use and coordination 1325
of the following Federal Government centers, including, but not 1326
limited to: 1327
1. The Federal Bureau of Investigation’s Terrorist 1328
Screening Center; 1329
2. The United States Customs and Border Protection’s 1330
National Targeting Center; 1331
3. The United States Department of Homeland Security Fusion 1332
Centers; and 1333
4. The United States Drug Enforcement Administration’s 1334 CS for SB 2-B First Engrossed
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Special Operations Unit. 1335
(d) Provide recommendations of any resources necessary to 1336
facilitate the training of local law enforcement agencies in the 1337
cooperation and coordination with the Federal Government and the 1338
enforcement of federal immigration laws. 1339
(e) Provide recommendations on strategies to increase the 1340
number of available detention beds for use by the United States 1341
Immigration and Customs Enforcement. 1342
(f) Analyze the information collected in s. 908.1031(5) , 1343
including the number of trained law enforcement officers under 1344
the required agreements in s. 908.11, and make recommendations 1345
to the chief immigration officer. 1346
(5) RULEMAKING.—The office may adopt rules to implement 1347
this section. 1348
Section 33. Paragraph (c) of subsection (1) of section 1349
908.105, Florida Statutes, is amended, paragraph (d) is added to 1350
that subsection, and subsection (4) is added to that section, to 1351
read: 1352
908.105 Duties related to immigration detainers. — 1353
(1) A law enforcement agency that has custody of a person 1354
subject to an immigration detainer issued by a federal 1355
immigration agency shall: 1356
(c) Upon determining that the immigration detainer is in 1357
accordance with s. 908.102(3) s. 908.102(2), comply with the 1358
requests made in the immigration detainer. 1359
(d) Notify the state attorney that the person is subject to 1360
an immigration detainer. 1361
(4)(a) If any county, district, authority, municipality, or 1362
other local government adopts an ordinance, a regulation, a 1363 CS for SB 2-B First Engrossed
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rule, or a policy refusing to comply with or otherwise directing 1364
local officials, employees, or others to refuse to comply with 1365
an immigration detainer issued by a federal immigration agency, 1366
the chief immigration officer must initiate judicial proceedings 1367
in the name of the state in order to enforce compliance. T he 1368
court upon finding noncompliance with this subsection shall 1369
declare invalid the improper ordinance, regulation, rule, or 1370
policy and issue a permanent injunction against the local 1371
government prohibiting it from enforcing such ordinance, 1372
regulation, rule, or policy. It is not a defense that in 1373
enacting the ordinance, regulation, rule, or policy the local 1374
government was acting in good faith or upon advice of counsel. 1375
(b) If the court determines that a violation was knowing 1376
and willful, the court must assess a civil fine of up to $5,000 1377
against the elected or appointed local government official or 1378
officials or administrative agency head under whose jurisdiction 1379
the violation occurred. 1380
(c) Except as required by applicable law, public funds may 1381
not be used to defend or reimburse the unlawful conduct of any 1382
person found to have knowingly and willfully violated this 1383
subsection. 1384
Section 34. Subsections (1) and (2) of section 908.107, 1385
Florida Statutes, are amended to read: 1386
908.107 Enforcement.— 1387
(1)(a) Any executive or administrative state, county, or 1388
municipal officer who violates his or her duties under this 1389
chapter may be subject to action by the Governor in the exercise 1390
of his or her authority under the State Constitution and state 1391
law. Pursuant to s. 1(b), Art. IV of the State Constitution, the 1392 CS for SB 2-B First Engrossed
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Governor may initiate judicial proceedings in the name of the 1393
state against such officers to enforce compliance with any duty 1394
under this chapter or restrain any unauthorized act contrary to 1395
this chapter. 1396
(b) The chief immigration officer may present evidence to 1397
the Governor that an executive or administrative state, county, 1398
or municipal officer has violated his or her duties under this 1399
chapter and recommend that the Governor take action using his or 1400
her authority under the State Constitution and state law. 1401
(2) In addition, the Attorney General or the chief 1402
immigration officer may file suit against a local governmental 1403
entity or local law enforcement agency in a court of competent 1404
jurisdiction for declaratory or injunctive relief for a 1405
violation of this chapter. 1406
Section 35. Section 908.11, Florida Statutes, is amended to 1407
read: 1408
908.11 Immigration enforcement assistance agreements; 1409
reporting requirement. — 1410
(1) The sheriff or the chief correctional officer By 1411
January 1, 2023, each law enforcement agency operating a county 1412
detention facility must enter into a written agreement with the 1413
United States Immigration and Customs Enforcement to participate 1414
in the immigration program established under s. 287(g) of the 1415
Immigration and Nationality Act, 8 U.S.C. s. 1357. The chief 1416
immigration officer must approve the termination of any such 1417
agreement. This subsection does not require a sheriff or chief 1418
correctional officer operating a county detention facility law 1419
enforcement agency to participate in a particular program model. 1420
(2) Beginning no later than April 1, 2025 October 1, 2022, 1421 CS for SB 2-B First Engrossed
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and until the sheriff or chief correctional officer operating a 1422
county detention facility law enforcement agency enters into the 1423
written agreement required under subsection (1), each sheriff or 1424
chief correctional officer law enforcement agency operating a 1425
county detention facility must notify the office Department of 1426
Law Enforcement quarterly of the status of such written 1427
agreement and any reason for noncompliance with this section, if 1428
applicable. 1429
Section 36. Section 908.13, Florida Statutes, is created to 1430
read: 1431
908.13 Emergency powers of the chief immigration officer. —1432
Notwithstanding the provisions of ss. 252.31 -252.90, this 1433
section provides the sole authority to declare a state of 1434
emergency related to illegal immigration, illegal migration, or 1435
immigration enforcement to the chief immigration officer. 1436
(1) Within the powers conferred upon the chief immigration 1437
officer by law, the chief immigration officer may issue 1438
emergency orders, proclamations, and rules and may amend or 1439
rescind them. Such orders, proclamations, and rules have the 1440
force and effect of law. An emergency order, proclamation, or 1441
rule must be limited to a duration of not more than 60 days and 1442
may be renewed as necessary during the duration of the 1443
emergency. If renewed, such order, proclamation, or rule must 1444
specifically state the provisions being renewed. 1445
(2) An emergency order or proclamation must be promptly 1446
disseminated by means calculated to bring its contents to the 1447
attention of the general public, and unless the circumstances 1448
attendant upon the emergency prevent or impede such filing, the 1449
order or proclamation must be filed promptly with the Governor, 1450 CS for SB 2-B First Engrossed
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the Department of State, the President of the Senate, the 1451
Speaker of the House of Representatives, and the offices of the 1452
county commissioners in the counties to which the order or 1453
proclamation applies. 1454
(3)(a) At any time, the Legislature, by concurrent 1455
resolution, may terminate a state of emergency or any specific 1456
order, proclamation, or rule thereunder. Upon such concurrent 1457
resolution, the chief immigration officer shall issue an 1458
emergency order or proclamation consistent with the concurrent 1459
resolution. 1460
(b) Notwithstanding s. 252.46(2), all emergency 1461
declarations and orders, regardless of how titled, issued under 1462
the authority of this section by the chief immigration officer 1463
before, during, or after a declared emergency must be 1464
immediately filed with the Division of Administrative Hearings. 1465
Failure to file any such declaration or order with the division 1466
within 5 days after issuance voids the declaration or order. The 1467
division shall index all such declarations and orders and make 1468
them available in a searchable format on its website within 3 1469
days after filing. The searchable format must include, but is 1470
not limited to, searches by term, referenced statutes, and rules 1471
and must include a search category that specifically identifies 1472
emergency orders in effect at any given time. A link to the 1473
division’s index must be placed in a conspicuous location on the 1474
Department of Agriculture and Consumer Services’ website. 1475
(4) During a declared state of emergency for illegal 1476
immigration, illegal migration, or immigration enforcement, the 1477
chief immigration officer shall coordinate with and advise state 1478
and local law enforcement agencies for the purpose of securing 1479 CS for SB 2-B First Engrossed
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compliance with this chapter. 1480
(5) The chief immigration officer, when deemed necessary to 1481
respond to immigration -related emergencies, shall request 1482
assistance from the Governor for the activation and deployment 1483
of Florida National Guard personnel and equipment. 1484
Section 37. Paragraph (d) of subsection (3) of section 1485
921.0022, Florida Statutes, is amended to read: 1486
921.0022 Criminal Punishment Code; offense severity ranking 1487
chart.— 1488
(3) OFFENSE SEVERITY RANKING CHART 1489
(d) LEVEL 4 1490
1491
Florida
Statute
Felony
Degree
Description
1492
104.155 3rd Unauthorized alien willfully
voting; aiding or soliciting
unauthorized alien in voting.
1493
316.1935(3)(a) 2nd Driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
1494
499.0051(1) 3rd Failure to maintain or deliver
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transaction statements.
1495
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
1496
517.07(1) 3rd Failure to register securities.
1497
517.12(1) 3rd Failure of dealer or associated
person of a dealer of
securities to register.
1498
784.031 3rd Battery by strangulation.
1499
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
1500
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
1501
784.075 3rd Battery on detention or
commitment facility staff.
1502
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
1503
784.08(2)(c) 3rd Battery on a person 65 years of
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1504
784.081(3) 3rd Battery on specified official
or employee.
1505
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
1506
784.083(3) 3rd Battery on code inspector.
1507
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
1508
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
1509
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
1510
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
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787.07 3rd Human smuggling.
1512
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
1513
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
1514
790.115(2)(c) 3rd Possessing firearm on school
property.
1515
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
1516
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
1517
806.135 2nd Destroying or demolishing a
memorial or historic property.
1518
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
1519
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conveyance; unarmed; no assault
or battery.
1520
810.06 3rd Burglary; possession of tools.
1521
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
1522
810.145(3)(b) 3rd Digital voyeurism
dissemination.
1523
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
1524
812.014
(2)(c)4. &
6.-10.
3rd Grand theft, 3rd degree;
specified items.
1525
812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750
or more taken from dwelling or
its unenclosed curtilage.
1526
812.014(2)(e)3. 3rd Petit theft, 1st degree; less
than $40 taken from dwelling or
its unenclosed curtilage with
two or more prior theft
convictions.
1527 CS for SB 2-B First Engrossed
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812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
1528
817.505(4)(a) 3rd Patient brokering.
1529
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
1530
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
1531
817.5695(3)(c) 3rd Exploitation of person 65 years
of age or older, value less
than $10,000.
1532
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
1533
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
1534
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle. CS for SB 2-B First Engrossed
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1535
836.14(2) 3rd Person who commits theft of a
sexually explicit image with
intent to promote it.
1536
836.14(3) 3rd Person who willfully possesses
a sexually explicit image with
certain knowledge, intent, and
purpose.
1537
837.02(1) 3rd Perjury in official
proceedings.
1538
837.021(1) 3rd Make contradictory statements
in official proceedings.
1539
838.022 3rd Official misconduct.
1540
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
1541
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
1542
843.021 3rd Possession of a concealed
handcuff key by a person in
custody. CS for SB 2-B First Engrossed
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1543
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
1544
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
1545
843.19(2) 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
1546
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
1547
870.01(3) 2nd Aggravated rioting.
1548
870.01(5) 2nd Aggravated inciting a riot.
1549
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
1550
893.13(2)(a)1. 2nd Purchase of cocaine (or other
s. 893.03(1)(a), (b), or (d),
(2)(a), (2)(b), or (2)(c)5. CS for SB 2-B First Engrossed
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drugs).
1551
914.14(2) 3rd Witnesses accepting bribes.
1552
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
1553
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
1554
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
1555
918.12 3rd Tampering with jurors.
1556
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
1557
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
1558
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other device
to aid escape, or cellular CS for SB 2-B First Engrossed
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telephone or other portable
communication device introduced
into county detention facility.
1559
1560
Section 38. Section 921.1426, Florida Statutes, is created 1561
to read: 1562
921.1426 Sentence of death for capital offense committed by 1563
an unauthorized alien .—Notwithstanding any provision of law to 1564
the contrary, the court shall sentence a defendant who is an 1565
unauthorized alien and who is convicted or adjudicated guilty of 1566
a capital felony to a sentence of death. For the purposes of 1567
this section, an “unauthorized alien” means a person who is 1568
unlawfully present in the United States according to the terms 1569
of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1570
1101 et seq. The term shall be interpreted consistently with any 1571
applicable federal statutes, rules, or regulations. 1572
Section 39. Subsections (15) and (16) of section 943.03, 1573
Florida Statutes, are renumbered as subsections (16) and (17), 1574
respectively, subsection (14) is amended, and a new subsection 1575
(15) is added to that section, to read: 1576
943.03 Department of Law Enforcement. — 1577
(14) The department, with respect to counter -terrorism 1578
efforts, responses to acts of terrorism within or affecting this 1579
state, coordinating with and providing assistance to the Federal 1580
Government in the enforcement of federal immigration laws, 1581
responses to immigration enforcement incidents within or 1582
affecting this state, and other matters related to the domestic 1583
security of Florida as it relates to terrorism and immigration 1584 CS for SB 2-B First Engrossed
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enforcement incidents , shall coordinate and direct the law 1585
enforcement, initial emergency, and other initial responses. The 1586
department shall work closely with the Division of Emergency 1587
Management, other federal, state, and local law enforcement 1588
agencies, fire and rescue agencies, first -responder agencies, 1589
and others involved in preparation against acts of terrorism in 1590
or affecting this state , immigration enforcement incidents 1591
within or affecting this state, and in the response to such acts 1592
or incidents. The executive director of the department, or 1593
another member of the department designated by the director, 1594
shall serve as Chief of Domestic Security for the purpose of 1595
directing and coordinating such efforts. The department and 1596
Chief of Domestic Security shall use the regional domestic 1597
security task forces as established in this chapter to assist in 1598
such efforts. 1599
(15) The department shall coordinate with the Office of 1600
State Immigration Enforcement within the Department of 1601
Agriculture and Consumer Services when providing assistance to 1602
the Federal Government in the enforcement of federal immigration 1603
laws. 1604
Section 40. Section 943.03101, Florida Statutes, is amended 1605
to read: 1606
943.03101 Counter-terrorism and immigration enforcement 1607
coordination.—The Legislature finds that with respect to 1608
counter-terrorism efforts and, initial responses to acts of 1609
terrorism within or affecting this state, coordinating with and 1610
providing assistance to the Federal Government in the 1611
enforcement of federal immigration laws, and responses to 1612
immigration enforcement incidents within or affecting this 1613 CS for SB 2-B First Engrossed
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state, specialized efforts of emergency management which are 1614
unique to such situations are required and that these efforts 1615
intrinsically involve very close coordination of federal, state, 1616
and local law enforcement agencies with the efforts of all 1617
others involved in emergency -response efforts. In order to best 1618
provide this specialized effort, the Legislature has determined 1619
that such efforts should be coordinated by and through the 1620
Department of Law Enforcement, working closely with the Division 1621
of Emergency Management and others involved in preparation 1622
against acts of terrorism in or affecting this state, 1623
immigration enforcement incidents within or affecting this 1624
state, and in the initial response to such acts, in accordance 1625
with the state comprehensive emergency management plan prepared 1626
pursuant to s. 252.35(2)(a). 1627
Section 41. Subsections (3) through (8) of section 1628
943.0311, Florida Statutes, are renumbered as subsections (2) 1629
through (7), respectively, and subsection (1) and present 1630
subsections (2) and (4) of that section are amended to read: 1631
943.0311 Chief of Domestic Security; duties of the 1632
department with respect to domestic security. — 1633
(1) The executive director of the department, or a member 1634
of the department designated by the executive director, shall 1635
serve as the Chief of Domestic Security. The Chief of Domestic 1636
Security shall: 1637
(a) Coordinate the efforts of the department in the ongoing 1638
assessment of this state’s vulnerability to, and ability to 1639
detect, prevent, prepare for, respond to, and recover from, acts 1640
of terrorism within or affecting this state and immigration 1641
enforcement incidents within or affecting this state . 1642 CS for SB 2-B First Engrossed
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(b) Prepare recommendations for the Governor, the President 1643
of the Senate, and the Speaker of the House of Representatives, 1644
which are based upon ongoing assessments to limit the 1645
vulnerability of the state to terrorism and immigration 1646
enforcement incidents . 1647
(c) Coordinate the collection of proposals to limit the 1648
vulnerability of the state to terrorism and immigration 1649
enforcement incidents . 1650
(d) Coordinate with the chief immigration officer within 1651
the Department of Agriculture and Consumer Services when 1652
providing assistance to the Federal Government in the 1653
enforcement of federal immigration laws. 1654
(e)(d) Use regional task forces to support the duties of 1655
the department set forth in this section. 1656
(f)(e) Use public or private resources to perform the 1657
duties assigned to the department under this section. 1658
(2) The chief shall regularly coordinate random audits 1659
pursuant to s. 448.095 to ensure compliance and enforcement and 1660
shall notify the Department of Commerce of any violations. 1661
(3)(4) The chief shall report to the Governor, the 1662
President of the Senate, and the Speaker of the House of 1663
Representatives by November 1 of each year suggestions for 1664
specific and significant security enhancements of any building, 1665
facility, or structure owned or leased by a state agency, state 1666
university, or community college or any entity that has 1667
conducted an assessment under subsection (5) (6). The chief may 1668
utilize the assessments provided under subsection (5) (6) in 1669
making his or her suggestions. The report shall suggest 1670
strategies to maximize federal funds in support of building or 1671 CS for SB 2-B First Engrossed
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facility security if such funds are available. 1672
Section 42. Section 943.0312, Florida Statutes, is amended 1673
to read: 1674
943.0312 Regional domestic security task forces. —The 1675
Legislature finds that there is a need to develop and implement 1676
a statewide strategy to address prevention, preparation, 1677
protection, response, and recovery efforts by federal, state, 1678
and local law enforcement agencies, emergency management 1679
agencies, fire and rescue departments, first -responder 1680
personnel, and others in dealing with potential or actual 1681
terrorist acts within or affecting this state and potential or 1682
actual immigration enforcement incidents within or affecting 1683
this state. 1684
(1) To assist the department and the Chief of Domestic 1685
Security in performing their roles and duties in this regard, 1686
the department shall establish a regional domestic security task 1687
force in each of the department’s operational regions. The task 1688
forces shall serve in an advisory capacity to the department and 1689
the Chief of Domestic Security and shall provide support to the 1690
department in its performance of functions pertaining to 1691
domestic security. 1692
(a) Subject to annual appropriation, the department shall 1693
provide dedicated employees to support the function of each 1694
regional domestic security task force. 1695
(b) Each task force shall be co -chaired by the department’s 1696
special agent in charge of the operational region in which the 1697
task force is located and by a local sheriff or chief of police 1698
from within the operational region. 1699
(c) Each task force membership may also include 1700 CS for SB 2-B First Engrossed
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representatives of state and local law enforcement agencies, 1701
fire and rescue departments, or first -responder personnel; 1702
representatives of emergency management agencies and health, 1703
medical, and hospital agencies; representatives of local 1704
emergency planning committees; and other persons as deemed 1705
appropriate and necessary by the task force co -chairs. 1706
(d) The co-chairs of each task force may appoint 1707
subcommittees and subcommittee chairs as necessary in order to 1708
address issues related to the various disciplines represented on 1709
the task force, except that subcommittee chairs for emergency 1710
management shall be appointed with the approval of the director 1711
of the Division of Emergency Management. A subcommittee chair 1712
shall serve at the pleasure of the co -chairs. 1713
(2) In accordance with the state’s domestic security 1714
strategic goals and objectives, each task force shall coordinate 1715
efforts to counter terrorism as defined by s. 775.30 and 1716
cooperate with and provide assistance to the Federal Government 1717
in the enforcement of federal immigration laws within or 1718
affecting this state in compliance with chapter 908, among 1719
local, state, and federal resources to ensure that such efforts 1720
are not fragmented or unnecessarily duplicated; coordinate 1721
training for local and state personnel to counter terrorism as 1722
defined in s. 775.30; and cooperate with and provide assistance 1723
to the Federal Government in the enforcement of federal 1724
immigration laws within or affecting this state in compliance 1725
with chapter 908; coordinate the collection and dissemination of 1726
investigative and intelligence information; and facilitate 1727
responses to terrorist incidents within or affecting each region 1728
and immigration enforcement incidents within or affecting each 1729 CS for SB 2-B First Engrossed
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region. With the approval of the Chief of Domestic Security, the 1730
task forces may incorporate other objectives reasonably related 1731
to the goals of enhancing the state’s domestic security and 1732
ability to detect, prevent, and respond to acts of terrorism 1733
within or affecting this state or immigration enforcement 1734
incidents within or affecting this state . Each task force shall 1735
take into account the variety of conditions and resources 1736
present within its region. 1737
(3) The Chief of Domestic Security, in conjunction with the 1738
Division of Emergency Management, the regional domestic security 1739
task forces, and the various state entities responsible for 1740
establishing training standards applicable to state law 1741
enforcement officers and fire, emergency, and first -responder 1742
personnel shall identify appropriate equipment and training 1743
needs, curricula, and materials related to the effective 1744
response to suspected or actual acts of terrorism , immigration 1745
enforcement incidents , or incidents involving real or hoax 1746
weapons of mass destruction as defined in s. 790.166. 1747
Recommendations for funding for purchases of equipment, delivery 1748
of training, implementation of, or revision to basic or 1749
continued training required for state licensure or 1750
certification, or other related responses shall be made by the 1751
Chief of Domestic Security to the Domestic Security Oversight 1752
Council, the Executive Office of the Governor, the President of 1753
the Senate, and the Speaker of the House of Representatives as 1754
necessary to ensure that the needs of this state with regard to 1755
the preparing, equipping, training, and exercising of response 1756
personnel are identified and addressed. In making such 1757
recommendations, the Chief of Domestic Security and the Division 1758 CS for SB 2-B First Engrossed
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of Emergency Management shall identify all funding sources that 1759
may be available to fund such efforts. 1760
(4) Each regional domestic security task force, working in 1761
conjunction with the department, the Office of the Attorney 1762
General, and other public or private entities, shall work to 1763
ensure that hate-driven acts against ethnic groups that may have 1764
been targeted as a result of acts of terrorism in or affecting 1765
this state, or as a result of immigration enforcement incidents 1766
within or affecting this state, are appropriately investigated 1767
and responded to. 1768
(5) Members of each regional domestic security task force 1769
may not receive any pay other than their salaries normally 1770
received from their employers, but are entitled to reimbursement 1771
for per diem and travel expenses in accordance with s. 112.061. 1772
(6) Subject to annual appropriation, the department shall 1773
provide staff and administrative support for the regional 1774
domestic security task forces. 1775
Section 43. Section 943.0313, Florida Statutes, is amended 1776
to read: 1777
943.0313 Domestic Security Oversight Council. —The 1778
Legislature finds that there exists a need to provide executive 1779
direction and leadership with respect to terrorism and 1780
immigration enforcement incident prevention, preparation, 1781
protection, response, and recovery efforts by state and local 1782
agencies in this state. In recognition of this need, the 1783
Domestic Security Oversight Council is hereby created. The 1784
council shall serve as an advisory council pursuant to s. 1785
20.03(7) to provide guidance to the state’s regional domestic 1786
security task forces and other domestic security working groups 1787 CS for SB 2-B First Engrossed
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and to make recommendations to the Governor and the Legislature 1788
regarding the expenditure of funds and allocation of resources 1789
related to counter-terrorism and cooperating with and providing 1790
assistance to the Federal Government in the enforcement of 1791
federal immigration laws and domestic security efforts. 1792
(1) MEMBERSHIP.— 1793
(a) The Domestic Security Oversight Council shall consist 1794
of the following voting members: 1795
1. The executive director of the Department of Law 1796
Enforcement. 1797
2. The director of the Division of Emergency Management. 1798
3. The Attorney General. 1799
4. The Commissioner of Agriculture. 1800
5. The State Surgeon General. 1801
6. The Commissioner of Education. 1802
7. The State Fire Marshal. 1803
8. The adjutant general of the Florida National Guard. 1804
9. The state chief information officer. 1805
10. Each sheriff or chief of police who serves as a co -1806
chair of a regional domestic security task force pursuant to s. 1807
943.0312(1)(b). 1808
11. Each of the department’s special agents in charge who 1809
serve as a co-chair of a regional domestic security task force. 1810
12. Two representatives of the Florida Fire Chiefs 1811
Association. 1812
13. One representative of the Florida Police Chiefs 1813
Association. 1814
14. One representative of the Florida Prosecuting Attorneys 1815
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15. The chair of the Statewide Domestic Security 1817
Intelligence Committee. 1818
16. One representative of the Florida Hospital Association. 1819
17. One representative of the Emergency Medical Services 1820
Advisory Council. 1821
18. One representative of the Florida Emergency 1822
Preparedness Association. 1823
19. One representative of the Florida Seaport 1824
Transportation and Economic Development Council. 1825
(b) In addition to the members designated in paragraph (a), 1826
the council may invite other ex officio, nonvoting members to 1827
attend and participate in council meetings. Those nonvoting 1828
members may include, but need not be limited to: 1829
1. The executive director of the Department of Highway 1830
Safety and Motor Vehicles. 1831
2. The Secretary of Health Care Administration. 1832
3. The Secretary of Environmental Protection. 1833
4. The director of the Division of Law Enforcement within 1834
the Fish and Wildlife Conservation Commission. 1835
5. A representative of the Commission on Human Relations. 1836
6. A representative of the United States Coast Guard. 1837
7. A United States Attorney from a federal judicial circuit 1838
within this state. 1839
8. A special agent in charge from an office of the Federal 1840
Bureau of Investigation within this state. 1841
9. A representative of the United States Department of 1842
Homeland Security. 1843
10. A representative of United States Immigration and 1844
Customs Enforcement. 1845 CS for SB 2-B First Engrossed
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11. A representative of United States Customs and Border 1846
Protection. 1847
(2) ORGANIZATION.— 1848
(a) The Legislature finds that the council serves a 1849
legitimate state, county, and municipal purpose and that service 1850
on the council is consistent with a member’s principal service 1851
in public office or employment. Membership on the council does 1852
not disqualify a member from holding any other public office or 1853
being employed by a public entity, except that a member of the 1854
Legislature may not serve on the council. 1855
(b) The executive director of the Department of Law 1856
Enforcement shall serve as chair of the council, and the 1857
director of the Division of Emergency Management shall serve as 1858
vice chair of the council. In the absence of the chair, the vice 1859
chair shall serve as chair. In the absence of the vice chair, 1860
the chair may name any member of the council to perform the 1861
duties of the chair if such substitution does not extend beyond 1862
a defined meeting, duty, or period of time. 1863
(c) Any absent voting member of the council may be 1864
represented by a designee empowered to act on any issue before 1865
the council to the same extent that the designating member is 1866
empowered. If a co-chair of a regional domestic security task 1867
force is absent from a council meeting, the co -chair shall 1868
appoint a subcommittee chair of that task force as the designee. 1869
(d) The council shall establish bylaws for its general 1870
governance. 1871
(e) Any member of the council serving by reason of the 1872
office or employment held by the member shall cease to serve on 1873
the council at such time as he or she ceases to hold the office 1874 CS for SB 2-B First Engrossed
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or employment which was the basis for appointment to the 1875
council. 1876
(f) Representatives from agencies or organizations other 1877
than those designated by title shall be chosen by the entity. 1878
Except for those individuals designated by title, council 1879
members shall be certified annually to the chair by the 1880
organization they represent. 1881
(g) Members of the council or their designees shall serve 1882
without compensation but are entitled to reimbursement for per 1883
diem and travel expenses pursuant to s. 112.061. 1884
(h) The department shall provide the council with the staff 1885
support necessary to assist in the performance of its duties. 1886
(3) MEETINGS.—The council must meet at least semiannually. 1887
Additional meetings may be held as necessary. A majority of the 1888
members of the council constitutes a quorum. 1889
(4) EXECUTIVE COMMITTEE. — 1890
(a) The council shall establish an executive committee 1891
consisting of the following members: 1892
1. The executive director of the Department of Law 1893
Enforcement. 1894
2. The director of the Division of Emergency Management. 1895
3. The Attorney General. 1896
4. The Commissioner of Agriculture. 1897
5. The State Surgeon General. 1898
6. The Commissioner of Education. 1899
7. The State Fire Marshal. 1900
(b) The executive director of the Department of Law 1901
Enforcement shall serve as the chair of the executive committee, 1902
and the director of the Division of Emergency Management shall 1903 CS for SB 2-B First Engrossed
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serve as the vice chair of the executive committee. 1904
(c) The executive committee shall approve all matters 1905
brought before the council prior to consideration. When 1906
expedited action of the council is deemed necessary by the chair 1907
or vice chair, the executive committee may act on behalf of the 1908
council. 1909
(5) DUTIES OF THE COUNCIL. — 1910
(a) The Domestic Security Oversight Council shall serve as 1911
an advisory council to the Governor, the Legislature, and the 1912
Chief of Domestic Security. The council shall: 1913
1. Review the development, maintenance, and operation of a 1914
comprehensive multidisciplinary domestic security strategy that 1915
will guide the state’s prevention, preparedness, protection, 1916
response, and recovery efforts against terrorist attacks and 1917
immigration enforcement incidents and make appropriate 1918
recommendations to ensure the implementation of that strategy. 1919
2. Review the development of integrated funding plans to 1920
support specific projects, goals, and objectives necessary to 1921
the state’s domestic security strategy and make appropriate 1922
recommendations to implement those plans. 1923
3. Review and recommend approval of prioritized 1924
recommendations from regional domestic security task forces and 1925
state working groups on the use of available funding to ensure 1926
the use of such funds in a manner that best promotes the goals 1927
of statewide, regional, and local domestic security through 1928
coordinated planning and implementation strategies. 1929
4. Review and recommend approval of statewide policies and 1930
operational protocols that support the domestic security efforts 1931
of the regional domestic security task forces and state 1932 CS for SB 2-B First Engrossed
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agencies. 1933
5. Review the overall statewide effectiveness of domestic 1934
security efforts and, counter-terrorism efforts, and efforts of 1935
coordinating with and providing assistance to the Federal 1936
Government in the enforcement of federal immigration laws in 1937
order to provide suggestions to improve or enhance those 1938
efforts. 1939
6. Review the efforts of any agency or entity involved in 1940
state or local domestic security efforts and, counter-terrorism 1941
efforts, and efforts of coordination with and providing 1942
assistance to the Federal Government in the enforcement of 1943
federal immigration laws that requests assistance or that 1944
appears to need such review in order to provide suggestions to 1945
improve or enhance those efforts. 1946
7. Review efforts within the state to better secure state 1947
and local infrastructure against terrorist attack or immigration 1948
enforcement incidents and make recommendations to enhance the 1949
effectiveness of such efforts. 1950
8. Review and recommend legislative initiatives related to 1951
the state’s domestic security and provide endorsement or 1952
recommendations to enhance the effectiveness of such efforts. 1953
9. Review statewide or multiagency mobilizations and 1954
responses to major domestic security incidents and recommend 1955
suggestions for training, improvement of response efforts, or 1956
improvement of coordination or for other strategies that may be 1957
derived as necessary from such reviews. 1958
10. Conduct any additional review or inquiry or make 1959
recommendations to the Governor and Legislature in support of 1960
other initiatives, as may be necessary, to fulfill the function 1961 CS for SB 2-B First Engrossed
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of general oversight of the state’s domestic security efforts 1962
and, counter-terrorism efforts, and efforts of coordinating with 1963
and providing assistance to the Federal Government in the 1964
enforcement of federal immigration laws and to promote increased 1965
security. 1966
11. Promote and preserve intergovernmental cooperation and 1967
consensus among state and local agencies, the Federal 1968
Government, private entities, other states, and other nations, 1969
as appropriate, under the guidance of the Governor. 1970
(b) The Domestic Security Oversight Council shall make an 1971
annual funding recommendation to the Governor and Legislature 1972
which shall prioritize funding requests based on allocations 1973
from all available sources for implementing the state’s domestic 1974
security strategy. This recommendation must include the 1975
prioritized recommendations of each of the regional domestic 1976
security task forces and the various working groups that 1977
participate in the prioritization process for funding 1978
allocations. The recommendation must reflect the consideration 1979
of strategic priorities and allocations that best serve the 1980
state’s overall domestic security needs. The recommendation 1981
shall be transmitted to the Governor and the Legislature by 1982
December 31 of each year. If additional funds become available, 1983
or reallocation of funding is required beyond current spending 1984
authorizations, the council may make recommendations to the 1985
Governor for consideration by the Legislative Budget Commission. 1986
(6) REPORTS.—The council shall report annually on its 1987
activities, on or before December 31 of each calendar year, to 1988
the Governor, the President of the Senate, the Speaker of the 1989
House of Representatives, and the chairs of the committees 1990 CS for SB 2-B First Engrossed
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having principal jurisdiction over domestic security in the 1991
Senate and the House of Representatives. 1992
(7) AGENCY DESIGNATION.—For purposes of this section, the 1993
Domestic Security Oversight Council shall be considered a 1994
criminal justice agency within the definition of s. 119.011(4). 1995
Section 44. Effective July 1, 2025, paragraph (a) of 1996
subsection (12) of section 1009.26, Florida Statutes, is amended 1997
to read: 1998
1009.26 Fee waivers.— 1999
(12)(a) A state university, a Florida College System 2000
institution, a career center operated by a school district under 2001
s. 1001.44, or a charter technical career center shall waive 2002
out-of-state fees for students who are citizens of the United 2003
States or lawfully present in the United States , including, but 2004
not limited to, students who are undocumented for federal 2005
immigration purposes, who meet the following conditions: 2006
1. Attended a secondary school in this state for 3 2007
consecutive years immediately before graduating from a high 2008
school in this state; 2009
2. Apply for enrollment in an institution of higher 2010
education within 24 months after high school graduation; and 2011
3. Submit an official Florida high school transcript as 2012
evidence of attendance and graduation. 2013
Section 45. Students receiving a fee waiver pursuant to s. 2014
1009.26(12), Florida Statutes, must be reevaluated for 2015
eligibility beginning July 1, 2025. 2016
Section 46. (1) Any interagency agreement, memorandum of 2017
understanding, or contract existing before the effective date of 2018
this act between the Department of Law Enforcement and any other 2019 CS for SB 2-B First Engrossed
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agency related to the coordination or enforcement of federal 2020
immigration laws shall continue as an agreement, memorandum, or 2021
contract for the remainder of its term with the Department of 2022
Agriculture and Consumer Services replacing the Department of 2023
Law Enforcement as a party. 2024
(2) Any administrative rules promulgated by the Department 2025
of Law Enforcement related to coordination with the Federal 2026
Government regarding federal immigration laws or the enforcement 2027
of federal immigration laws are transferred to the Department of 2028
Agriculture and Consumer Services. 2029
Section 47. (1) The Office of State Immigration Enforcement 2030
within the Division of Law Enforcement under the Department of 2031
Agriculture and Consumer Services is authorized, and all 2032
conditions are deemed met, to adopt emergency rules pursuant to 2033
s. 120.54(4), Florida Statutes, to implement the creation by 2034
this act of ss. 19.56, 908.1031, and 908.1042, Florida Statutes. 2035
Notwithstanding any other law, emergency rules adopted pursuant 2036
to this subsection are effective for 6 months after adoption and 2037
may be renewed during the pendency of procedures to adopt 2038
permanent rules addressing the subject of the emergency rules. 2039
(2) This section expires July 1, 2026. 2040
Section 48. The Legislature finds that the state’s criminal 2041
justice training centers as well as facilities of the Department 2042
of Military Affairs, such as the Camp Blanding Joint Training 2043
Center, are highly qualified and critical strategic, year -round 2044
assets for training. The Legislature has made significant 2045
investments to make the Camp Blanding Joint Training Center the 2046
premier facility in the Southeast. In order to support the 2047
anticipated training and operations involving multiple federal, 2048 CS for SB 2-B First Engrossed
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state, and local agencies, and given the scale and value of this 2049
state’s assets, the Department of Military Affairs and local law 2050
enforcement shall work with the Office of State Immigration 2051
Enforcement within the Department of Agriculture and Consumer 2052
Services to ensure that the state’s federal partners can access 2053
and use the state’s physical assets in order to further the 2054
nation’s mission to address illegal immigration. Such activities 2055
include outreach to federal partners as well as entering into 2056
agreements for the use of such facilities. 2057
Section 49. Section 1 of chapter 2023 -3, Laws of Florida, 2058
is amended to read: 2059
Section 1. (1) As used in this section, the term 2060
“inspected unauthorized alien” means an individual who has 2061
documentation from the United States Government indicating that 2062
the United States Government processed and released him or her 2063
into the United States without admitting the individual in 2064
accordance with the federal Immigration and Nationality Act, 8 2065
U.S.C. ss. 1101 et seq. The term must be interpreted 2066
consistently with any applicable federal statutes, rules, or 2067
regulations. 2068
(2) The Legislature finds that the Federal Government has 2069
failed to secure the nation’s borders and has allowed a surge of 2070
inspected unauthorized aliens to enter the United States. In 2071
January 2023, the Governor issued Executive Order 23 -03, 2072
directing state law enforcement agencies and other state 2073
agencies to take necessary actions to protect Floridians from 2074
the impacts of the border crisis. Without such action, 2075
detrimental effects may be experienced in Florida, including 2076
increased crime, diminished economic opportunities and wages for 2077 CS for SB 2-B First Engrossed
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American workers, and burdens on the education and health care 2078
systems. The Legislature finds that the Federal Government has 2079
proven itself unwilling to address this crisis. 2080
(3) To mitigate the effects of this crisis on the State of 2081
Florida, the Unauthorized Alien Transport Program is created 2082
within the Division of Law Enforcement under the Department of 2083
Agriculture and Consumer Services Emergency Management within 2084
the Executive Office of the Governor for the purpose of 2085
facilitating the transport of inspected unauthorized aliens 2086
within the United States, consistent with federal law. 2087
Notwithstanding s. 287.057, Florida Statutes, the division is 2088
authorized to contract for services to implement the program. 2089
(4) The division shall evaluate the effectiveness and value 2090
of the program in assisting coordination with the Federal 2091
Government and recommend to the Legislature by March 15, 2025, 2092
to make no changes or to continue or modify the program. 2093
(5)(4) The division may adopt rules to implement the 2094
program. 2095
(6)(5) This section expires June 30, 2025. 2096
Section 50. Notwithstanding s. 252.36, Florida Statutes, 2097
Executive Order 23-03, renewed by executive orders 23 -49, 23-88, 2098
23-134, 23-213, 23-245, 24-35, 24-74, 24-118, 24-173, 24-220, 2099
and 24-269, may not be renewed. Once the state of emergency 2100
expires, or but for early termination would have expired, the 2101
Governor may not issue a subsequent state of emergency with 2102
respect to the same or substantially similar issue or 2103
circumstances. 2104
Section 51. (1) For the 2024-2025 fiscal year, the sums of 2105
$20,562,630 in recurring funds and $484,467,609 in nonrecurring 2106 CS for SB 2-B First Engrossed
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funds are appropriated from the General Revenue Fund to the 2107
Department of Agriculture and Consumer Services to implement 2108
this act. 2109
(2) From the recurring general revenue funds, $898,592 2110
shall be allocated to the Executive Direction and Support 2111
Services budget entity in specific appropriations categories: 2112
$852,500 in Salaries and Benefits, $43,631 in Expenses, and 2113
$2,461 in Transfer to the Department of Management 2114
Services/Statewide Human Resources Contract, and $19,664,038 2115
shall be allocated to the Division of Law Enforcement/Office of 2116
State Immigration Enforcement in specific appropriations 2117
categories: $13,827,050 in Salaries and Benefits, $3,694,073 in 2118
Expenses, $15,000 in Operating Capital Outlay, $2 million in 2119
Contracted Services, $49,915 in Transfer to the Department of 2120
Management Services/Statewide Human Resources Contract, and 2121
$78,000 in Salary Incentive Payments. These funds shall be 2122
released immediately upon this act becoming a law. 2123
(3) From the nonrecurring general revenue funds, $38,017 2124
shall be allocated to the Executive Direction and Support 2125
Services budget entity in the expense category, and $9,429,592 2126
shall be allocated to the Division of Law Enforcement/Office of 2127
State Immigration Enforcement in specific appropriations 2128
categories: $1,515,114 in Expenses, $478,850 in Operating 2129
Capital Outlay, $6,402,468 in Acquisition of Motor Vehicles, 2130
$533,160 in Acquisition of Boats, Motors, and Trailers, and 2131
$500,000 in Contracted Services. These funds shall be released 2132
immediately upon this act becoming a law. The unexpended balance 2133
of nonrecurring general revenue funds appropriated to the 2134
Division of Law Enforcement/Office of State Immigration 2135 CS for SB 2-B First Engrossed
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Enforcement remaining on June 30, 2025, shall revert and is 2136
appropriated to the Division of Law Enforcement/Office of State 2137
Immigration Enforcement for Fiscal Year 2025 -2026 for the same 2138
purpose. 2139
(4) The Department of Agriculture and Consumer Services is 2140
authorized to establish 142.00 full -time equivalent positions 2141
with associated salary rate of 8,584,000 in the Division of Law 2142
Enforcement/Office of State Immigration Enforcement for the 2143
purpose of implementing this act. The following specific 2144
positions, classifications, and pay plans are authorized: one 2145
Law Enforcement Major, class code 8630, pay plan 01; one Law 2146
Enforcement Captain, class code 8630, pay plan 01; four Law 2147
Enforcement Lieutenants, class code 8522, pay plan 01; 44 Law 2148
Enforcement Officers, class code 8515, pay plan 01; four 2149
Investigation Supervisor -SES, class code 8354, pay plan 08; 46 2150
Investigation Specialist II, class code 8318, pay plan 01; two 2151
Training Consultant III, class code 6004, pay plan 01; 20 2152
Regulatory Specialist III, class code 0444, pay plan 01; one 2153
chief of general operations, class code 9328, pay plan 08; three 2154
senior attorneys, class code 7738, pay plan 08; and 16 2155
government operations consultants, class code 2238, pay plan 01. 2156
(5) The Department of Agriculture and Consumer Services is 2157
authorized to establish 7.00 full -time equivalent positions with 2158
associated salary rate of 550,000 in the Executive Direction and 2159
Support Services budget entity for the purpose of implementing 2160
this act. The following specific positions, classifications, and 2161
pay plans are authorized: two Senior Attorneys, class code 7738, 2162
pay plan 08; three Government Analyst II, class code 2225, pay 2163
plan 01; one Purchasing Analyst, class code 0830, pay plan 01; 2164 CS for SB 2-B First Engrossed
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and one Human Resource Specialist, class code 0190, pay plan 01. 2165
(6) From the nonrecurring general revenue funds, $100 2166
million shall be allocated to specific appropriation special 2167
category Local Law Enforcement Immigration Grant Program in the 2168
Division of Law Enforcement/Office of State Immigration 2169
Enforcement to implement the Local Law Enforcement Immigration 2170
Grant Program. The amount of $3 .75 million shall be released 2171
immediately upon this act becoming a law. The division/office 2172
shall use these funds for administrative costs associated with 2173
developing and implementing the grant program. The 2174
division/office shall develop an implementation plan , including 2175
procedures, administration, and criteria for approving grant 2176
applications. The implementation plan shall be submitted to the 2177
President of the Senate and the Speaker of the House of 2178
Representatives no later than March 1, 2025. Upon approval of 2179
the implementation plan by the President of the Senate and the 2180
Speaker of the House of Representatives, the Chief Financial 2181
Officer shall immediately release the balance of funds to the 2182
division/office. 2183
(7) From the nonrecurring general revenue funds, $25 2184
million shall be allocated to specific appropriation special 2185
category Local Law Enforcement Federal Participation Incentive 2186
Program in the Division of Law Enforcement/Office of State 2187
Immigration Enforcement to implement the Local Law Enforcement 2188
Federal Participation Incentive Program. The funds shall be 2189
released to the division/office immediately upon this act 2190
becoming a law. 2191
(8) From the nonrecurring general revenue funds, $ 350 2192
million shall be allocated to specific appropriation special 2193 CS for SB 2-B First Engrossed
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category Implementation and Support for Enforcement of Federal 2194
Immigration Policies in the Division of Law Enforcement/Office 2195
of State Immigration Enforcement to implement specific 2196
recommendations from the division/office for use of the funds, 2197
which may include funds to support federal access to training 2198
facilities in this state; grants to local law enforcement to 2199
retain existing law enforcement officers or attract new 2200
officers; and grants to pay costs incurred by local law 2201
enforcement that were necessary for the full support and 2202
coordination with the Federal Government in the implementation 2203
and enforcement of federal immigration policies, including 2204
training activities related to the federal program established 2205
under s. 287(g) of the Immigration and Nationality Act, 8 U.S.C. 2206
s. 1357. The division/office shall develop a report of the 2207
recommendations including allocations of applicable costs and 2208
implementation plans. The report shall be submitted to the 2209
President of the Senate and the Speaker of the House of 2210
Representatives by March 15, 2025. Upon approval of the report 2211
by concurrent resolution of the Legislature, the Chief Financial 2212
Officer shall immediately release funds to the division/office 2213
consistent with the recommendations approved from the report. 2214
Section 52. The unexpended balance of funds provided in 2215
section 229, chapter 2024 -231, Laws of Florida, to the Executive 2216
Office of the Governor, Division of Emergency Management shall 2217
immediately revert. For the 2024 -2025 fiscal year, the 2218
nonrecurring sum of $10 million from the General Revenue Fund is 2219
appropriated to the Division of Law Enforcement within the 2220
Department of Agriculture and Consumer Services for the 2221
Unauthorized Alien Transport Program as amended by this act. The 2222 CS for SB 2-B First Engrossed
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funds shall be released to the division immediately upon this 2223
act becoming a law. 2224
Section 53. Except as otherwise provided in this act, this 2225
act shall take effect upon becoming a law. 2226