ENROLLED 2025 Legislature CS for SB 2-B, 1st Engrossed 20252Ber 1 2 An act relating to immigration; providing a short 3 title; amending s. 14.23, F.S.; providing that the 4 Commissioner of Agriculture is the only person 5 responsible for serving as liaison between certain 6 entities regarding federal immigration laws; 7 authorizing the Commissioner of Agriculture to appoint 8 an employee to serve in a specific capacity; creating 9 s. 19.55, F.S.; providing that the Commissioner of 10 Agriculture is the chief immigration officer; 11 providing responsibilities for such position; creating 12 s. 19.56, F.S.; creating the Local Law Enforcement 13 Immigration Grant Program within the Office of State 14 Immigration Enforcement within the Division of Law 15 Enforcement under the Department of Agriculture and 16 Consumer Services for specified purposes; providing 17 the process for awarding grants; prohibiting grants 18 from being awarded for certain activities; requiring 19 the office to adopt rules; creating s. 19.57, F.S.; 20 creating the Local Law Enforcement Federal 21 Participation Incentive Program within the Office of 22 State Immigration Enforcement within the Division of 23 Law Enforcement under the Department of Agriculture 24 and Consumer Services for specified purposes; 25 requiring the office to prescribe the procedure and 26 application for the program and distribution of bonus 27 payments; prohibiting awards from being made for 28 certain activities; providing the process for awarding 29 bonus payments; requiring the office to adopt rules; 30 amending s. 20.14, F.S.; revising the division 31 structure within the Department of Agriculture and 32 Consumer Services; authorizing the department to 33 establish certain offices; creating s. 104.155, F.S.; 34 providing criminal penalties for certain persons who 35 vote in an election; prohibiting certain defenses from 36 being raised; providing criminal penalties for a 37 person who takes certain actions with specified 38 knowledge; amending s. 252.36, F.S.; providing 39 construction; amending s. 288.061, F.S.; requiring the 40 Department of Commerce to take specified actions when 41 notified of noncompliance with specified economic 42 development incentive application requirements; 43 amending ss. 319.001 and 320.01, F.S.; defining the 44 term valid passport; amending s. 322.02, F.S.; 45 providing legislative intent; amending s. 322.033, 46 F.S.; providing legislative intent; specifying that 47 certain driver licenses issued by other states 48 exclusively to unauthorized aliens are invalid in this 49 state and do not authorize the holder to operate motor 50 vehicles in this state; amending s. 322.08, F.S.; 51 revising the types of documents that may be used as 52 proof of identity for application for certain 53 licenses; amending s. 322.121, F.S.; revising the 54 exceptions to the prohibitions on a person being 55 identified as a Safe Driver; revising the time 56 period for making certain notifications to the 57 department in order to be identified as a Safe 58 Driver; amending s. 322.19, F.S.; requiring a person 59 who has become a citizen of the United States to 60 obtain specified replacement documents within a 61 certain time; amending s. 395.3027, F.S.; revising 62 reporting requirements related to patient immigration 63 status; amending s. 448.09, F.S.; conforming 64 provisions to changes made by the act; amending s. 65 448.095, F.S.; revising the entities responsible for 66 enforcing provisions relating to employment 67 eligibility; revising the trust fund into which 68 certain funds are deposited; amending s. 480.0535, 69 F.S.; expanding the parties required to receive a 70 certain notice related to massage establishments; 71 creating s. 775.0824, F.S.; providing legislative 72 intent; defining terms; providing sentencing 73 requirements for dangerous unauthorized alien 74 offenders; providing construction; amending s. 75 775.0848, F.S.; expanding the classification of crimes 76 that may be reclassified in certain circumstances; 77 amending s. 874.03, F.S.; revising the definition of 78 the term criminal gang; defining the term 79 transnational crime organization; amending s. 80 895.02, F.S.; revising the definition of the term 81 racketeering activity; amending s. 903.046, F.S.; 82 expanding the criteria the court must consider when 83 making bail determinations; amending s. 907.041, F.S.; 84 expanding circumstances a pretrial release service 85 must certify to the court; expanding the information 86 required to be reported to a state attorney after an 87 arrest; amending s. 908.101, F.S.; providing 88 additional legislative findings; amending s. 908.102, 89 F.S.; defining the terms chief immigration officer 90 and office; creating s. 908.1031, F.S.; creating the 91 Office of State Immigration Enforcement within the 92 Division of Law Enforcement under the Department of 93 Agriculture and Consumer Services for specified 94 purposes; requiring the office to employ certain 95 personnel; providing powers, duties, and 96 qualifications for such personnel; providing certain 97 authority and powers of such personnel; providing 98 reporting requirements; providing that the office 99 serves a specified purpose; authorizing the office to 100 adopt rules; amending s. 908.104, F.S.; requiring 101 specified parties to provide certain information to a 102 federal immigration agency; expanding the criteria for 103 receiving a certain exemption; revising applicability; 104 creating s. 908.1041, F.S.; requiring cooperation and 105 coordination between specified entities in the 106 enforcement of immigration laws; requiring the 107 approval of the state immigration officer for certain 108 actions related to agreements or contracts; creating 109 s. 908.1042, F.S.; creating the State Immigration 110 Enforcement Council; providing the purpose, 111 membership, compensation, staff, meetings, and duties 112 of the council; authorizing the Office of State 113 Immigration Enforcement to adopt rules; amending s. 114 908.105, F.S.; requiring law enforcement agencies that 115 have custody of specified persons to notify the state 116 attorney; requiring the chief immigration officer to 117 initiate judicial proceedings in the name of the state 118 under specified circumstances; requiring a court, upon 119 a certain finding, to declare invalid specified 120 ordinances, regulations, rules, or policies and issue 121 a permanent injunction; prohibiting a certain defense 122 from being raised; requiring the court to issue a fine 123 if it makes a certain determination; prohibiting the 124 use of public funds under certain circumstances; 125 providing an exception; conforming a cross-reference; 126 amending s. 908.107, F.S.; authorizing the chief 127 immigration officer to present certain evidence to the 128 Governor and make certain recommendations and to file 129 suit against certain entities and agencies for a 130 specified purpose; amending s. 908.11, F.S.; revising 131 the entities required to enter into certain agreements 132 with the United States Immigration and Customs 133 Enforcement; requiring that entities that do not enter 134 into such agreements by a specified date take certain 135 actions; creating s. 908.13, F.S.; providing 136 construction; authorizing the chief immigration 137 officer to issue a state of emergency in specified 138 circumstances; authorizing the issuance, amendment, 139 and renewal of certain orders, proclamations, and 140 rules that meet certain conditions; requiring 141 emergency orders to be disseminated in a specified 142 manner; requiring such orders be filed with specified 143 parties; providing an exception; authorizing the 144 Legislature to take certain actions relating to a 145 state of emergency declared by the chief immigration 146 officer; requiring the chief immigration officer to 147 issue a certain order in specified circumstances; 148 requiring that certain declarations and orders be 149 filed in a specified manner with the Division of 150 Administrative Hearings; requiring the division to 151 make all such declarations and orders available in a 152 searchable format; requiring a certain link be placed 153 on the Department of Agriculture and Consumer Services 154 website; requiring the chief immigration officer to 155 take certain actions during a specified state of 156 emergency; requiring the chief immigration officer to 157 request certain assistance during specified states of 158 emergency; amending s. 921.0022, F.S.; ranking an 159 offense created by the act on the offense severity 160 ranking chart of the Criminal Punishment Code; 161 creating s. 921.1426, F.S.; requiring a court to 162 sentence unauthorized aliens convicted of specified 163 crimes to death; defining the term unauthorized 164 alien; amending s. 943.03, F.S.; requiring the 165 Department of Law Enforcement to coordinate with the 166 chief immigration officer for a certain purpose; 167 amending s. 943.03101, F.S.; conforming provisions to 168 changes made by the act; amending s. 943.0311, F.S.; 169 requiring the Chief of Domestic Security to coordinate 170 with the chief immigration officer for a certain 171 purpose; amending ss. 943.0312 and 943.0313, F.S.; 172 conforming provisions to changes made by the act; 173 amending s. 1009.26, F.S.; revising eligibility for 174 certain fee waivers; requiring that students receiving 175 such a waiver be reevaluated for eligibility beginning 176 on a certain date; requiring that certain agreements 177 and contracts replace one party with a specified 178 entity; requiring the transfer of certain rules; 179 authorizing the Office of State Immigration 180 Enforcement to adopt emergency rules; providing 181 requirements for such rules; providing legislative 182 findings; requiring the Department of Military Affairs 183 and local law enforcement to work with the Office of 184 State Immigration Enforcement for a specified purpose; 185 amending chapter 2023-3, Laws of Florida; conforming 186 provisions to changes made by the act; requiring the 187 Division of Law Enforcement to evaluate a specified 188 program and make recommendations by a certain date; 189 prohibiting the renewal or issuance of certain 190 executive orders; providing appropriations; 191 authorizing the establishment of certain positions; 192 requiring the reversion of the unexpended balance of 193 certain funds; providing for immediate release of 194 specified funds; providing effective dates. 195 196 WHEREAS, the United States has long welcomed immigrants to 197 this country, and 198 WHEREAS, federal law provides many pathways for immigrants 199 to become permanent lawful residents and citizens of the United 200 States and to enter the country temporarily for work, education, 201 and tourism, and 202 WHEREAS, the state welcomes lawful immigrants who love 203 freedom, recognize the equality and intrinsic value and worth of 204 all individuals, wish to follow the law, and who seek to 205 contribute to our states peace, security, cultural vibrancy, 206 and prosperity, and 207 WHEREAS, the previous federal administration substantially 208 ignored its duties under federal law to deter and prevent 209 illegal immigration and remove illegal immigrants, and 210 WHEREAS, representatives of the previous federal 211 administration repeatedly claimed the border is secure, 212 despite the fact that millions of immigrants entered the United 213 States illegally, outside of designated border crossings, and 214 WHEREAS, illegal immigrants caught crossing the southwest 215 border illegally included dangerous criminals on the terrorist 216 watch list, some of whom were released into the United States by 217 the previous federal administration, and 218 WHEREAS, the open border policies of the previous federal 219 administration have allowed drug cartels to smuggle massive 220 amounts of illegal drugs, including fentanyl, across the border 221 and into American communities, causing loss of American lives 222 and dangerous, deadly situations for first responders, and 223 WHEREAS, SM 1020 (2024) urged the federal government to 224 designate drug cartels as foreign terrorist organizations, and 225 WHEREAS, President Trump, in his executive order 226 Designating Cartels and Other Organizations as Foreign Terrorist 227 Organizations and Specially Designated Global Terrorists, 228 implemented a policy to ensure the total elimination of these 229 organizations presence in the United States and their ability 230 to threaten the territory, safety, and security of our country, 231 and 232 WHEREAS, instead of deterring and preventing illegal 233 immigration, the previous federal administration and sanctuary 234 jurisdictions invited, administered, and oversaw an 235 unprecedented flood of illegal immigration into the United 236 States, encouraging people to illegally cross the border, 237 putting themselves in danger as well as allowing dangerous 238 individuals to enter and commit crimes across the country at a 239 high cost to the American people, and 240 WHEREAS, the previous federal administration and sanctuary 241 jurisdictions, through their actions incentivizing illegal entry 242 into our county, caused great financial harm to the nation and 243 communities, and 244 WHEREAS, in response to the border crisis caused by the 245 previous federal administration, the Florida Legislature passed 246 enhanced state laws to combat illegal immigration, making 247 Florida a national leader in fighting illegal immigration, and 248 WHEREAS, SB 168 (2019) prohibited a state entity, local 249 governmental entity, or law enforcement agency from having a 250 sanctuary policy, and 251 WHEREAS, SB 168 (2019) required a county correctional 252 facility to enter into an agreement with a federal immigration 253 agency for the payment of costs associated with housing and 254 detaining defendants, and 255 WHEREAS, SB 1718 (2023) helped to protect citizens from the 256 financial costs of illegal immigration, competition in the labor 257 force from illegal immigrants who drive down wages for citizens, 258 and security risks created by some illegal immigrants and gangs 259 of criminal illegal immigrants, and 260 WHEREAS, SB 1718 (2023) increased criminal penalties for 261 human-smuggling of children and persons the offender knew to 262 have unlawfully entered the United States, and 263 WHEREAS, SB 1718 (2023) required widespread use of E-Verify 264 to deny employment to illegal immigrants who are not authorized 265 to work in this country, and 266 WHEREAS, SB 1718 (2023) increased penalties for using false 267 identification documents to obtain employment, and 268 WHEREAS, SB 1718 (2023) declared as invalid driver licenses 269 issued by other states that did not require proof of lawful 270 presence in the United States, and 271 WHEREAS, SB 1718 (2023) required persons in the custody of 272 a law enforcement agency and subject to an immigration detainer 273 to submit a DNA sample, and 274 WHEREAS, SB 1718 (2023) required the reporting of data to 275 aid in the estimation of the cost of health care provided to 276 illegal immigrants, and 277 WHEREAS, HB 1589 (2024) increased the criminal penalties 278 for repeated offenses of driving without a valid driver license, 279 and 280 WHEREAS, SB 1036 (2024) increased criminal penalties when 281 people convicted of illegal reentry commit a felony or commit a 282 crime that furthers the interests of a transnational crime 283 organization, and 284 WHEREAS, HB 1451 (2024) and SB 1718 (2023) prohibited 285 counties and municipalities from funding and accepting 286 identification cards knowingly issued by organizations to 287 individuals not lawfully present in the United States, and 288 WHEREAS, uninsured drivers increase the cost of auto 289 insurance and a national survey indicated half of adult illegal 290 immigrants drive without auto insurance, and 291 WHEREAS, the Department of Corrections estimated the cost 292 to house 4,653 illegal immigrant inmates in 2023 exceeded $143 293 million, and 294 WHEREAS, according to the Department of Education, for the 295 2022-2023 school year, there were 152,437 immigrant children 296 enrolled in the public schools at a cost of approximately $8,000 297 per student, and 298 WHEREAS, President Trump, within his first hours of office, 299 issued several executive orders to protect American citizens and 300 interests and secure the nations borders, and 301 WHEREAS, the President of the United States has the 302 authority under the Immigration and Nationality Act, as well as 303 inherent authority under Article II of the Constitution, to 304 prevent the physical entry of illegal aliens into the United 305 States across the southern border, and 306 WHEREAS, President Trump declared the existence of a 307 national emergency at the southern border of the United States 308 and has declared his intent to take every lawful action at his 309 disposal to address the crisis and take back control from the 310 previous federal administrations abdication of its 311 responsibility to enforce the border, and 312 WHEREAS, President Trump stated the policy of the United 313 States is to secure the borders, and ordered the border be 314 secured through various means, including federal-state 315 partnerships with local law enforcement agencies to enforce 316 federal immigration priorities, detaining and removing aliens 317 apprehended for violations of immigration law, and ending the 318 catch-and-release practices of previous administrations, and 319 WHEREAS, President Trump declared the new national 320 direction for federal agencies to take all appropriate action to 321 protect the public safety and national security interests of the 322 American people by ensuring the successful enforcement of 323 federal laws, including order of removal and stopping illegal 324 entry, and 325 WHEREAS, President Trump has indicated his guarantee the 326 federal government will take all appropriate steps to protect 327 the American public against the invasion of unknown persons 328 attempting to illegally enter the United States, and 329 WHEREAS, President Trump has ordered the federal laws 330 related to the process of entry of migrants to be enforced, 331 instead of ignored or side-stepped as in the previous 332 administration, and such vigilant security and stringent 333 verification will protect Americans and identify criminals or 334 those intending harm before they ever are admitted or enter the 335 United States, and 336 WHEREAS, on January 21, 2025, the new acting commandant of 337 the United States Coast Guard directed operational commanders to 338 immediately surge assets, including cutters, aircraft, boats, 339 and specialized forces, to areas around this state to prevent a 340 maritime mass migration from Haiti or Cuba and to detect and 341 deter drug smuggling, and 342 WHEREAS, President Trump has suspended the U.S. Refugee 343 Admissions Program to provide relief to small cities and towns 344 which have seen significant influxes of migrants, and because 345 American communities lack the ability to absorb large numbers of 346 migrants, and in particular, refugees, in a manner that does not 347 compromise the availability of resources for Americans, that 348 protects American safety and security, and that ensures the 349 appropriate assimilation of refugees, and 350 WHEREAS, the numerous executive orders entered by President 351 Trump demonstrate the federal government will finally end 352 policies detrimental to lawful citizens and will enforce the 353 laws of this country to combat illegal immigration, protect 354 victims of crimes committed by illegal immigrants, reduce cost 355 burdens related to illegal aliens, including ending public 356 benefits, and protect our borders, and 357 WHEREAS, it is necessary to detail immigration enforcement 358 responsibilities in Florida law and to centralize those 359 responsibilities in an agency having authority in civil, 360 administrative, and criminal matters, and 361 WHEREAS, the Legislature finds it necessary to rigorously 362 implement both the letter and spirit of President Trumps plan 363 to secure our border, protect our state and national 364 sovereignty, support Florida law enforcement, and affirm the 365 federal governments responsibility over immigration, NOW, 366 THEREFORE, 367 368 Be It Enacted by the Legislature of the State of Florida: 369 370 Section 1.This act may be cited as the Tackling and 371 Reforming Unlawful Migration Policy (TRUMP) Act. 372 Section 2.Paragraph (d) is added to subsection (2) of 373 section 14.23, Florida Statutes, and subsection (3) of that 374 section is amended, to read: 375 14.23State-Federal relations. 376 (2)CREATION OF THE OFFICE OF STATE-FEDERAL RELATIONS. 377 (d)The office does not serve as a liaison between the 378 state government and federal immigration agencies, as defined in 379 s. 908.102, regarding federal immigration laws and matters 380 directly related thereto. The Commissioner of Agriculture as the 381 chief immigration officer is the exclusive liaison between the 382 state government and federal immigration agencies regarding 383 federal immigration laws and matters directly related thereto. 384 The Commissioner of Agriculture, at his or her discretion, may 385 appoint an employee of the Department of Agriculture and 386 Consumer Services to work as an adjunct official to the office 387 for the purpose of facilitating coordination between the state 388 government and federal immigration agencies. 389 (3)COOPERATION.For the purpose of centralizing the state 390 federal relations efforts of the state, state agencies and their 391 representatives shall cooperate and coordinate their state 392 federal efforts and activities with the office, except as 393 provided in paragraph (2)(d). State agencies which have 394 representatives headquartered in Washington, D.C., are 395 encouraged to station their representatives in the office. 396 Section 3.Section 19.55, Florida Statutes, is created to 397 read: 398 19.55Commissioner of Agriculture as chief immigration 399 officer.The Commissioner of Agriculture is the chief 400 immigration officer of the state and serves as the states 401 official liaison between state entities, local governmental 402 entities, and law enforcement agencies and the Federal 403 Government regarding the enforcement of federal immigration 404 laws. It is the responsibility of the chief immigration officer 405 to: 406 (1)Coordinate with and provide assistance to the Federal 407 Government in the enforcement of federal immigration laws and 408 other matters related to the enforcement of federal immigration 409 laws. 410 (2)Coordinate with and provide assistance to law 411 enforcement agencies, as defined in s. 908.102, in the 412 enforcement of federal immigration laws and other matters 413 related to the enforcement of such laws, and monitor local 414 government compliance with the requirements of chapter 908. 415 (3)Administer the Local Law Enforcement Immigration Grant 416 Program established in s. 19.56. 417 (4)Regularly coordinate random audits pursuant to s. 418 448.095 to ensure compliance and enforcement. 419 (5)Provide recommendations regarding measures that may be 420 implemented to improve cooperation and coordination with the 421 Federal Government in the enforcement of federal immigration 422 laws to the President of the Senate and the Speaker of the House 423 of Representatives. 424 (6)No later than March 15, 2025, report to the President 425 of the Senate and the Speaker of the House of Representatives 426 the number of vacant beds available in state correctional 427 institutions and facilities and county detention facilities 428 which can be sublet to the United States Immigration and Customs 429 Enforcement for use as detention beds. Operators of state 430 correctional institutions and facilities and county detention 431 facilities shall provide such information requested by the chief 432 immigration officer no later than March 1, 2025. 433 (7)Serve as an authorized state officer under the Laken 434 Riley Act, S. 5, 119th Cong. (2025), for purposes of having 435 standing to bring an action against specified federal officials 436 to obtain injunctive relief on behalf of the state and its 437 residents. 438 (8)Actively seek Congressional action to amend the 439 National Crime Prevention and Privacy Compact to require states 440 that are a party to the compact to share information relating to 441 a persons immigration status for criminal justice purposes and 442 to require that such information be fully shared with all 443 federal agencies having authority over immigration enforcement. 444 Section 4.Section 19.56, Florida Statutes, is created to 445 read: 446 19.56Local Law Enforcement Immigration Grant Program. 447 (1)There is created in the Office of State Immigration 448 Enforcement within the Division of Law Enforcement under the 449 Department of Agriculture and Consumer Services the Local Law 450 Enforcement Immigration Grant Program to award grants to support 451 local law enforcement agencies, which include chief correctional 452 officers operating county detention facilities, in their 453 cooperation and coordination with federal immigration agencies, 454 as defined in s. 908.102, in the enforcement of federal 455 immigration laws. 456 (2)The office shall annually award any funds specifically 457 appropriated for the grant program to reimburse expenses for, 458 including, but not limited to, subletting detention beds to the 459 United States Immigration and Customs Enforcement, equipment, 460 travel, lodging, and training programs to include certified 461 apprenticeship programs, related to supporting the enforcement 462 of federal immigration laws. The total amount of grants awarded 463 may not exceed funding appropriated for the grant program. 464 (3)The office must prescribe the procedure and application 465 for the program. Grants shall be awarded on a first-come, first 466 served basis based on the date the office received each 467 completed application. In order to efficiently and effectively 468 disburse the funds, the office shall not duplicate benefits and 469 grants may not be awarded to pay for any activity for which the 470 agency has received or expects to receive federal or other 471 funding. 472 (4)The office shall adopt rules to implement this section. 473 Section 5.Section 19.57, Florida Statutes, is created to 474 read: 475 19.57The Local Law Enforcement Federal Participation 476 Incentive Program. 477 (1)The Local Law Enforcement Federal Participation 478 Incentive Program is created in the Office of State Immigration 479 Enforcement within the Division of Law Enforcement under the 480 Department of Agriculture and Consumer Services. The purpose of 481 the program is to administer one-time bonus payments of up to 482 $1,000 to local law enforcement officers in this state who 483 participate in United States Department of Homeland Security at 484 large task force operations. 485 (2)The office shall prescribe the procedure and 486 application for the program and distribution of bonus payments. 487 Eligible activity does not include operations occurring solely 488 at state correctional facilities or county correctional 489 facilities. Local law enforcement agencies shall assist the 490 office with the collection of any data necessary to determine 491 bonus payment amounts and to distribute the bonus payments and 492 shall otherwise provide the office with any information or 493 assistance needed to fulfill the requirements of this section. 494 (3)Bonus payments shall be awarded on a first-come, first 495 served basis based on the date the office received each 496 completed application. The total amount of bonuses awarded may 497 not exceed funding appropriated for the program. A local law 498 enforcement agency may submit a joint application for all law 499 enforcement officers within its agency who are eligible for the 500 bonus. 501 (4)The office shall adopt rules to implement this section. 502 Section 6.Subsections (2) and (3) of section 20.14, 503 Florida Statutes, are amended to read: 504 20.14Department of Agriculture and Consumer Services. 505 There is created a Department of Agriculture and Consumer 506 Services. 507 (2)The following units divisions of the Department of 508 Agriculture and Consumer Services are established: 509 (a)Division of Administration. 510 (b)Division of Agricultural Environmental Services. 511 (c)Division of Animal Industry. 512 (d)Division of Aquaculture. 513 (e)Division of Consumer Services. 514 (f)Division of Food Safety. 515 (g)Division of Florida Forest Service. 516 (h)Division of Fruit and Vegetables. 517 (i)Division of Law Enforcement. 518 1.Office of Agriculture Law Enforcement. 519 2.Office of State Immigration Enforcement. 520 (j)(i)Division of Licensing. 521 (k)(j)Division of Marketing and Development. 522 (l)(k)Division of Plant Industry. 523 (m)(l)Division of Food, Nutrition, and Wellness. 524 (3)Notwithstanding s. 20.04(7)(b) and (c), the department 525 may establish bureaus and offices may be established as deemed 526 necessary to promote efficient and effective operation of the 527 department, pursuant to s. 20.04. 528 Section 7.Section 104.155, Florida Statutes, is created to 529 read: 530 104.155Unauthorized alien willfully voting; prohibited 531 defenses; aiding or soliciting unauthorized alien in voting 532 prohibited. 533 (1)Any person who is not a qualified elector because he or 534 she is an unauthorized alien as defined in s. 908.111 and who 535 willfully votes in any election commits a felony of the third 536 degree, punishable as provided in s. 775.082, s. 775.083, or s. 537 775.084. A persons ignorance of his or her status as an 538 unauthorized alien or a persons bona fide belief of his or her 539 status as an unauthorized alien cannot be raised as a defense in 540 a prosecution for a violation of this subsection. 541 (2)Any person who aids or solicits another to violate 542 subsection (1) with knowledge that such person is an 543 unauthorized alien as defined in s. 908.111 commits a felony of 544 the third degree, punishable as provided in s. 775.082, s. 545 775.083, or s. 775.084. 546 Section 8.Paragraph (a) of subsection (6) of section 547 252.36, Florida Statutes, is amended to read: 548 252.36Emergency management powers of the Governor. 549 (6)In addition to any other powers conferred upon the 550 Governor by law, she or he may: 551 (a)Suspend the provisions of any regulatory statute 552 prescribing the procedures for conduct of state business or the 553 orders or rules of any state agency, if strict compliance with 554 the provisions of any such statute, order, or rule would in any 555 way prevent, hinder, or delay necessary action in coping with 556 the emergency. However, nothing in this paragraph may be used to 557 suspend any provision in s. 19.55 or s. 19.56 or in chapter 908. 558 Section 9.Subsection (6) of section 288.061, Florida 559 Statutes, is amended to read: 560 288.061Economic development incentive application 561 process. 562 (6)The Secretary of Commerce may not approve an economic 563 development incentive application unless the application 564 includes proof to the department that the applicant business is 565 registered with and uses the E-Verify system, as defined in s. 566 448.095, to verify the work authorization status of all newly 567 hired employees. If the department is notified by the Office of 568 State Immigration Enforcement within the Department of 569 Agriculture and Consumer Services determines that an awardee is 570 not complying with this subsection, the department must notify 571 the awardee by certified mail of the offices departments 572 determination of noncompliance and the awardees right to appeal 573 the determination. Upon a final determination of noncompliance, 574 the awardee must repay all moneys received as an economic 575 development incentive to the department within 30 days after the 576 final determination. 577 Section 10.Subsection (13) is added to section 319.001, 578 Florida Statutes, to read: 579 319.001Definitions.As used in this chapter, the term: 580 (13)Valid passport means: 581 (a)An unexpired passport or passport card issued by the 582 United States government; or 583 (b)An unexpired passport issued by the government of 584 another country with: 585 1.A stamp or mark affixed by the Federal Government onto 586 the passport to evidence and authorize lawful presence in the 587 United States; or 588 2.An unexpired I-94, or current permanent resident card, 589 or unexpired immigrant visa, issued by the Federal Government. 590 Section 11.Subsection (46) is added to section 320.01, 591 Florida Statutes, to read: 592 320.01Definitions, general.As used in the Florida 593 Statutes, except as otherwise provided, the term: 594 (46)Valid passport means: 595 (a)An unexpired passport or passport card issued by the 596 United States government; or 597 (b)An unexpired passport issued by the government of 598 another country with: 599 1.A stamp or mark affixed by the Federal Government onto 600 the passport to evidence and authorize lawful presence in the 601 United States; or 602 2.An unexpired I-94, or current permanent resident card, 603 or unexpired immigrant visa, issued by the Federal Government. 604 Section 12.Subsection (2) of section 322.02, Florida 605 Statutes, is amended to read: 606 322.02Legislative intent; administration. 607 (2)The Department of Highway Safety and Motor Vehicles is 608 charged with the administration and function of enforcement of 609 this chapter and the administration and enforcement of 49 C.F.R. 610 parts 382-386 and 390-397. The Legislature intends for the state 611 to meet all minimum security standards of the REAL ID Act of 612 2005, Public Law No. 109-13, for driver licenses and 613 identification cards issued by this state. Such action ensures 614 that all state-issued driver licenses and identification cards 615 are available to United States citizens and individuals who are 616 not citizens but who are lawfully present and meet the 617 requirements of the REAL ID Act. 618 Section 13.Section 322.033, Florida Statutes, is amended 619 to read: 620 322.033Unauthorized aliens; invalid out-of-state driver 621 licenses. 622 (1)The Legislature intends for only driver licenses or 623 identification cards to be issued which meet all minimum 624 security requirements of the REAL ID Act of 2005, Public Law No. 625 109-13. The department is prohibited from issuing a driver 626 license or identification card to any person who is an 627 unauthorized alien. 628 (2)If a driver license is of a class of licenses issued by 629 another state exclusively to unauthorized aliens undocumented 630 immigrants who are unable to prove lawful presence in the United 631 States when the licenses are issued, the driver license, or 632 other permit purporting to authorize the holder to operate a 633 motor vehicle on public roadways, is invalid in this state and 634 does not authorize the holder to operate a motor vehicle in this 635 state. Such classes of licenses include licenses that are issued 636 exclusively to unauthorized aliens, undocumented immigrants, or 637 licenses that are substantially the same as licenses issued to 638 citizens, residents, or those lawfully present in the United 639 States but have markings establishing that the license holder 640 did not exercise the option of providing proof of lawful 641 presence. 642 (3)(2)A law enforcement officer or other authorized 643 representative of the department who stops a person driving with 644 an invalid license as described in subsection (2) (1) and 645 driving without a valid license shall issue a citation to the 646 driver for driving without a license in violation of s. 322.03. 647 (4)(3)The department, to facilitate the enforcement of 648 this section and to aid in providing notice to the public and 649 visitors of invalid licenses, shall maintain on its website a 650 list of out-of-state classes of driver licenses that are invalid 651 in this state. 652 Section 14.Paragraph (c) of subsection (2) of section 653 322.08, Florida Statutes, is amended to read: 654 322.08Application for license; requirements for license 655 and identification card forms. 656 (2)Each such application shall include the following 657 information regarding the applicant: 658 (c)Proof of identity satisfactory to the department. Such 659 proof must include one of the following documents issued to the 660 applicant: 661 1.A driver license record or identification card record 662 from another jurisdiction which complies with the federal REAL 663 ID Act of 2005, Public Law No. 109-13, and which that required 664 the applicant to submit a document for identification which is 665 substantially similar to a document required under subparagraph 666 2., subparagraph 3., subparagraph 4., subparagraph 5., 667 subparagraph 6., subparagraph 7., or subparagraph 8.; 668 2.A certified copy of a United States birth certificate; 669 3.A valid, unexpired United States passport or passport 670 card; 671 4.A naturalization certificate issued by the United States 672 Department of Homeland Security; 673 5.A valid, unexpired alien registration receipt card 674 (green card); 675 6.A Consular Report of Birth Abroad provided by the United 676 States Department of State; 677 7.An unexpired employment authorization card issued by the 678 United States Department of Homeland Security; or 679 8.Proof of nonimmigrant classification provided by the 680 United States Department of Homeland Security, for an original 681 driver license. In order to prove nonimmigrant classification, 682 an applicant must provide at least one of the following 683 documents. In addition, the department may require applicants to 684 produce United States Department of Homeland Security documents 685 for the sole purpose of establishing the maintenance of, or 686 efforts to maintain, continuous lawful presence: 687 a.A notice of hearing from an immigration court scheduling 688 a hearing on any proceeding. 689 b.A notice from the Board of Immigration Appeals 690 acknowledging pendency of an appeal. 691 c.A notice of the approval of an application for 692 adjustment of status issued by the United States Citizenship and 693 Immigration Services. 694 d.An official documentation confirming the filing of a 695 petition for asylum or refugee status or any other relief issued 696 by the United States Citizenship and Immigration Services. 697 e.A notice of action transferring any pending matter from 698 another jurisdiction to this state issued by the United States 699 Citizenship and Immigration Services. 700 f.An order of an immigration judge or immigration officer 701 granting relief that authorizes the alien to live and work in 702 the United States, including, but not limited to, asylum. 703 g.Evidence that an application is pending for adjustment 704 of status to that of an alien lawfully admitted for permanent 705 residence in the United States or conditional permanent resident 706 status in the United States, if a visa number is available 707 having a current priority date for processing by the United 708 States Citizenship and Immigration Services. 709 h.On or after January 1, 2010, An unexpired foreign 710 passport issued by the government of another country with: 711 (I)A stamp or mark affixed by the Federal Government onto 712 the passport to evidence and authorize lawful presence in the 713 United States; or 714 (II)An unexpired United States Visa affixed, accompanied 715 by an approved I-94, or current permanent resident card, or 716 unexpired immigrant visa, issued by the Federal Government 717 documenting the most recent admittance into the United States. 718 719 A driver license or temporary permit issued based on documents 720 required in subparagraph 7. or subparagraph 8. is valid for a 721 period not to exceed the expiration date of the document 722 presented or 1 year. 723 Section 15.Paragraph (e) of subsection (2) of section 724 322.121, Florida Statutes, is amended to read: 725 322.121Periodic reexamination of all drivers. 726 (2)For each licensee whose driving record does not show 727 any revocations, disqualifications, or suspensions for the 728 preceding 7 years or any convictions for the preceding 3 years 729 except for convictions of the following nonmoving violations: 730 (e)Failure to notify the department of a change of 731 address, or name, or United States citizenship status within 30 732 10 days pursuant to s. 322.19, 733 734 the department shall cause such licensees license to be 735 prominently marked with the notation Safe Driver. 736 Section 16.Section 322.19, Florida Statutes, is amended to 737 read: 738 322.19Change of address, or name, or citizenship status. 739 (1)Except as provided in ss. 775.21, 775.261, 943.0435, 740 944.607, and 985.4815, whenever any person, after applying for 741 or receiving a driver license or identification card, changes 742 his or her legal name, that person must within 30 days 743 thereafter obtain a replacement license or card that reflects 744 the change. 745 (2)If a person, after applying for or receiving a driver 746 license or identification card, changes the legal residence or 747 mailing address in the application, license, or card, the person 748 must, within 30 calendar days after making the change, obtain a 749 replacement license or card that reflects the change. A written 750 request to the department must include the old and new addresses 751 and the driver license or identification card number. Any person 752 who has a valid, current student identification card issued by 753 an educational institution in this state is presumed not to have 754 changed his or her legal residence or mailing address. This 755 subsection does not affect any person required to register a 756 permanent or temporary address change pursuant to s. 775.13, s. 757 775.21, s. 775.25, or s. 943.0435. 758 (3)If a person, after applying for or receiving a driver 759 license or identification card, becomes a citizen of the United 760 States, such person must, within 30 calendar days after making 761 the change, obtain a replacement license or card that reflects 762 such change. 763 (4)(3)A violation of this section is a nonmoving violation 764 with a penalty as provided in s. 318.18(2). 765 (5)(4)Notwithstanding any other provision of this chapter, 766 if a licensee established his or her identity for a driver 767 license using an identification document authorized under s. 768 322.08(2)(c)7. or 8., the licensee may not change his or her 769 name or address except in person and upon submission of an 770 identification document authorized under s. 322.08(2)(c)7. or 8. 771 Section 17.Subsection (3) of section 395.3027, Florida 772 Statutes, is amended to read: 773 395.3027Patient immigration status data collection. 774 (3)By March 1 of each year, the agency shall submit a 775 report to the Governor, the chief immigration officer within the 776 Department of Agriculture and Consumer Services, the President 777 of the Senate, and the Speaker of the House of Representatives. 778 The report shall consist of a consolidation of the quarterly 779 reports of the prior calendar year and an executive summary of 780 the data which includes the total number of hospital admissions 781 and emergency department visits for the previous calendar year 782 for which the patient or patients representative reported that 783 the patient was a citizen of the United States or lawfully 784 present in the United States, was not lawfully present in the 785 United States, or declined to answer. The report must also 786 describe information relating to the costs of uncompensated care 787 for aliens who are not lawfully present in the United States, 788 the impact of uncompensated care on the cost or ability of 789 hospitals to provide services to the public, hospital funding 790 needs, and other related information. 791 Section 18.Subsections (2), (3), and (4) of section 792 448.09, Florida Statutes, are amended to read: 793 448.09Unauthorized aliens; employment prohibited. 794 (2)If the Office of State Immigration Enforcement within 795 the Department of Agriculture and Consumer Services Commerce 796 finds or is notified by an entity specified in s. 448.095(3)(a) 797 that an employer has knowingly employed an unauthorized alien 798 without verifying the employment eligibility of such person, the 799 office department must notify the Department of Commerce, which 800 must enter an order pursuant to chapter 120 making such 801 determination and require repayment of any economic development 802 incentive pursuant to s. 288.061(6). 803 (3)For a violation of this section, the Office of State 804 Immigration Enforcement department shall place the employer on 805 probation for a 1-year period and require that the employer 806 report quarterly to the office department to demonstrate 807 compliance with the requirements of subsection (1) and s. 808 448.095. 809 (4)Any violation of this section which takes place within 810 24 months after a previous violation constitutes grounds for the 811 suspension or revocation of all licenses issued by a licensing 812 agency subject to chapter 120. The Office of State Immigration 813 Enforcement department shall take the following actions for a 814 violation involving: 815 (a)One to ten unauthorized aliens, suspension of all 816 applicable licenses held by a private employer for up to 30 days 817 by the respective agencies that issued them. 818 (b)Eleven to fifty unauthorized aliens, suspension of all 819 applicable licenses held by a private employer for up to 60 days 820 by the respective agencies that issued them. 821 (c)More than fifty unauthorized aliens, revocation of all 822 applicable licenses held by a private employer by the respective 823 agencies that issued them. 824 Section 19.Paragraph (a) of subsection (3) and subsection 825 (6) of section 448.095, Florida Statutes, are amended to read: 826 448.095Employment eligibility. 827 (3)ENFORCEMENT. 828 (a)For the purpose of enforcement of this section, any of 829 the following persons or entities may request, and an employer 830 must provide, copies of any documentation relied upon by the 831 employer for the verification of a new employees employment 832 eligibility: 833 1.The Office of State Immigration Enforcement within the 834 Department of Agriculture and Consumer Services Law Enforcement; 835 2.The Attorney General; 836 3.The state attorney in the circuit in which the new 837 employee works; or 838 4.The statewide prosecutor; or 839 5.The Department of Commerce. 840 (6)COMPLIANCE. 841 (a)In addition to the requirements under s. 288.061(6), 842 beginning on July 1, 2024, If the Office of State Immigration 843 Enforcement Department of Commerce determines that an employer 844 failed to use the E-Verify system to verify the employment 845 eligibility of employees as required under this section, the 846 office department must notify the employer of the offices 847 departments determination of noncompliance and provide the 848 employer with 30 days to cure the noncompliance. The office must 849 also provide notice to the Department of Commerce, which shall 850 take action pursuant to s. 288.061(6). 851 (b)If the Office of State Immigration Enforcement 852 Department of Commerce determines that an employer failed to use 853 the E-Verify system as required under this section three times 854 in any 24-month period, the office department must impose a fine 855 of $1,000 per day until the employer provides sufficient proof 856 to the office department that the noncompliance is cured. 857 Noncompliance constitutes grounds for the suspension of all 858 licenses issued by a licensing agency subject to chapter 120 859 until the noncompliance is cured. 860 (c)Fines collected under this subsection must be deposited 861 into the General Inspection State Economic Enhancement and 862 Development Trust Fund for use by the Office of State 863 Immigration Enforcement department for employer outreach and 864 public notice of the states employment verification laws. 865 Section 20.Subsection (4) of section 480.0535, Florida 866 Statutes, is amended to read: 867 480.0535Documents required while working in a massage 868 establishment; penalties; reporting. 869 (4)The department shall notify a federal immigration 870 office and the chief immigration officer within the Department 871 of Agriculture and Consumer Services if a person operating a 872 massage establishment, an employee, or any person performing 873 massage therapy in a massage establishment fails to provide 874 valid government identification as required under this section. 875 Section 21.Section 775.0824, Florida Statutes, is created 876 to read: 877 775.0824Dangerous Unauthorized Alien Offender; legislative 878 intent; definitions; mandatory minimum prison terms. 879 (1)It is the intent of the Legislature that dangerous 880 unauthorized alien offenders be punished to the fullest extent 881 of the law and as provided in this section. 882 (2)As used in this section, the terms: 883 (a)Dangerous unauthorized alien offender means any 884 unauthorized alien who is a member of a criminal gang as defined 885 in s. 874.03, including any member of a transnational crime 886 organization, and who commits or attempts to commit a felony 887 offense in this state. 888 (b)Unauthorized alien means a person who is unlawfully 889 present in the United States according to the terms of the 890 federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et 891 seq. The term shall be interpreted consistently with any 892 applicable federal statutes, rules, or regulations. 893 (3)For an offense committed on or after the effective date 894 of this act, if the state attorney determines that a person is a 895 dangerous unauthorized alien offender as defined in subsection 896 (2), the state attorney shall seek to have the court sentence 897 the person as a dangerous unauthorized alien offender. In a 898 separate proceeding conducted pursuant to this section, upon 899 proof from the state attorney that establishes by a 900 preponderance of the evidence that the person is a dangerous 901 unauthorized alien offender, such person is not eligible for 902 sentencing under the sentencing guidelines and must be sentenced 903 as follows: 904 (a)For a felony punishable by life, by a term of life 905 imprisonment; 906 (b)For a felony of the first degree, by a term of 907 imprisonment of 30 years; 908 (c)For a felony of the second degree, by a term of 909 imprisonment for 15 years; 910 (d)For a felony of the third degree, by a term of 911 imprisonment for 5 years. 912 (4)A person sentenced under subsection (3) shall be 913 released only by expiration of sentence and shall not be 914 eligible for parole, control release, or any form of early 915 release. Any person sentenced under subsection (3) must serve 916 100 percent of the court-imposed sentence. 917 (5)Nothing in this section shall prevent a court from 918 imposing a greater sentence of incarceration as authorized by 919 law, pursuant to s. 775.084 or any other provision of law. 920 Section 22.Section 775.0848, Florida Statutes, is amended 921 to read: 922 775.0848Offenses committed by an unauthorized alien; 923 reclassification; unauthorized alien Commission of a felony 924 after unlawful reentry into the United States; 925 reclassification.The penalty for any misdemeanor or felony 926 shall be reclassified as provided in this section if the 927 commission of such misdemeanor or felony was committed by an 928 unauthorized alien as defined in s. 908.111. A person who has 929 been previously convicted of a crime relating to the reentry of 930 removed aliens under 8 U.S.C. s. 1326 shall have the penalty for 931 committing a felony committed after such conviction reclassified 932 in the following manner: 933 (1)A misdemeanor of the second degree is reclassified to a 934 misdemeanor of the first degree. 935 (2)A misdemeanor of the first degree is reclassified to a 936 felony of the third degree. 937 (3)A felony of the third degree is reclassified to a 938 felony of the second degree. 939 (4)(2)A felony of the second degree is reclassified to a 940 felony of the first degree. 941 (5)(3)A felony of the first degree is reclassified to a 942 life felony. 943 Section 23.Subsection (1) of section 874.03, Florida 944 Statutes, is amended, and subsection (8) is added to that 945 section, to read: 946 874.03Definitions.As used in this chapter: 947 (1)Criminal gang means a formal or informal ongoing 948 organization, association, or group that has as one of its 949 primary activities the commission of criminal or delinquent 950 acts, and that consists of three or more persons who have a 951 common name or common identifying signs, colors, or symbols, 952 including, but not limited to, terrorist organizations, 953 transnational crime organizations, and hate groups. 954 (a)As used in this subsection, ongoing means that the 955 organization was in existence during the time period charged in 956 a petition, information, indictment, or action for civil 957 injunctive relief. 958 (b)As used in this subsection, primary activities means 959 that a criminal gang spends a substantial amount of time engaged 960 in such activity, although such activity need not be the only, 961 or even the most important, activity in which the criminal gang 962 engages. 963 (8)Transnational crime organization means any group, 964 network, or association of persons, at least one of which is an 965 unauthorized alien as defined in 8 U.S.C. ss. 1101, that 966 routinely facilitates the international trafficking of drugs, 967 humans, or weapons or the international smuggling of humans. 968 Section 24.Paragraph (a) of subsection (8) of section 969 895.02, Florida Statutes, is amended to read: 970 895.02Definitions.As used in ss. 895.01-895.08, the term: 971 (8)Racketeering activity means to commit, to attempt to 972 commit, to conspire to commit, or to solicit, coerce, or 973 intimidate another person to commit: 974 (a)Any crime that is chargeable by petition, indictment, 975 or information under the following provisions of the Florida 976 Statutes: 977 1.Section 104.155(2), relating to aiding or soliciting an 978 unauthorized alien in voting. 979 2.Section 210.18, relating to evasion of payment of 980 cigarette taxes. 981 3.2.Section 316.1935, relating to fleeing or attempting to 982 elude a law enforcement officer and aggravated fleeing or 983 eluding. 984 4.3.Chapter 379, relating to the illegal sale, purchase, 985 collection, harvest, capture, or possession of wild animal life, 986 freshwater aquatic life, or marine life, and related crimes. 987 5.4.Section 403.727(3)(b), relating to environmental 988 control. 989 6.5.Section 409.920 or s. 409.9201, relating to Medicaid 990 fraud. 991 7.6.Section 414.39, relating to public assistance fraud. 992 8.7.Section 440.105 or s. 440.106, relating to workers 993 compensation. 994 9.8.Section 443.071(4), relating to creation of a 995 fictitious employer scheme to commit reemployment assistance 996 fraud. 997 10.9.Section 465.0161, relating to distribution of 998 medicinal drugs without a permit as an Internet pharmacy. 999 11.10.Section 499.0051, relating to crimes involving 1000 contraband, adulterated, or misbranded drugs. 1001 12.11.Part IV of chapter 501, relating to telemarketing. 1002 13.12.Chapter 517, relating to sale of securities and 1003 investor protection. 1004 14.13.Section 550.235 or s. 550.3551, relating to 1005 dogracing and horseracing. 1006 15.14.Chapter 550, relating to jai alai frontons. 1007 16.15.Section 551.109, relating to slot machine gaming. 1008 17.16.Chapter 552, relating to the manufacture, 1009 distribution, and use of explosives. 1010 18.17.Chapter 560, relating to money transmitters, if the 1011 violation is punishable as a felony. 1012 19.18.Chapter 562, relating to beverage law enforcement. 1013 20.19.Section 624.401, relating to transacting insurance 1014 without a certificate of authority, s. 624.437(4)(c)1., relating 1015 to operating an unauthorized multiple-employer welfare 1016 arrangement, or s. 626.902(1)(b), relating to representing or 1017 aiding an unauthorized insurer. 1018 21.20.Section 655.50, relating to reports of currency 1019 transactions, when such violation is punishable as a felony. 1020 22.21.Chapter 687, relating to interest and usurious 1021 practices. 1022 23.22.Section 721.08, s. 721.09, or s. 721.13, relating to 1023 real estate timeshare plans. 1024 24.23.Section 775.13(5)(b), relating to registration of 1025 persons found to have committed any offense for the purpose of 1026 benefiting, promoting, or furthering the interests of a criminal 1027 gang. 1028 25.24.Section 777.03, relating to commission of crimes by 1029 accessories after the fact. 1030 26.25.Chapter 782, relating to homicide. 1031 27.26.Chapter 784, relating to assault and battery. 1032 28.27.Chapter 787, relating to kidnapping, human 1033 smuggling, or human trafficking. 1034 29.28.Chapter 790, relating to weapons and firearms. 1035 30.29.Chapter 794, relating to sexual battery, but only if 1036 such crime was committed with the intent to benefit, promote, or 1037 further the interests of a criminal gang, or for the purpose of 1038 increasing a criminal gang members own standing or position 1039 within a criminal gang. 1040 31.30.Former s. 796.03, former s. 796.035, s. 796.04, s. 1041 796.05, or s. 796.07, relating to prostitution. 1042 32.31.Chapter 806, relating to arson and criminal 1043 mischief. 1044 33.32.Chapter 810, relating to burglary and trespass. 1045 34.33.Chapter 812, relating to theft, robbery, and related 1046 crimes. 1047 35.34.Chapter 815, relating to computer-related crimes. 1048 36.35.Chapter 817, relating to fraudulent practices, false 1049 pretenses, fraud generally, credit card crimes, and patient 1050 brokering. 1051 37.36.Chapter 825, relating to abuse, neglect, or 1052 exploitation of an elderly person or disabled adult. 1053 38.37.Section 827.071, relating to commercial sexual 1054 exploitation of children. 1055 39.38.Section 828.122, relating to fighting or baiting 1056 animals. 1057 40.39.Chapter 831, relating to forgery and counterfeiting. 1058 41.40.Chapter 832, relating to issuance of worthless 1059 checks and drafts. 1060 42.41.Section 836.05, relating to extortion. 1061 43.42.Chapter 837, relating to perjury. 1062 44.43.Chapter 838, relating to bribery and misuse of 1063 public office. 1064 45.44.Chapter 843, relating to obstruction of justice. 1065 46.45.Section 847.011, s. 847.012, s. 847.013, s. 847.06, 1066 or s. 847.07, relating to obscene literature and profanity. 1067 47.46.Chapter 849, relating to gambling, lottery, gambling 1068 or gaming devices, slot machines, or any of the provisions 1069 within that chapter. 1070 48.47.Chapter 874, relating to criminal gangs. 1071 49.48.Chapter 893, relating to drug abuse prevention and 1072 control. 1073 50.49.Chapter 896, relating to offenses related to 1074 financial transactions. 1075 51.50.Sections 914.22 and 914.23, relating to tampering 1076 with or harassing a witness, victim, or informant, and 1077 retaliation against a witness, victim, or informant. 1078 52.51.Sections 918.12 and 918.13, relating to tampering 1079 with jurors and evidence. 1080 Section 25.Paragraph (c) of subsection (2) of section 1081 903.046, Florida Statutes, is amended to read: 1082 903.046Purpose of and criteria for bail determination. 1083 (2)When determining whether to release a defendant on bail 1084 or other conditions, and what that bail or those conditions may 1085 be, the court shall consider: 1086 (c)The defendants family ties, length of residence in the 1087 community, employment history, financial resources, and mental 1088 condition, and immigration status. 1089 Section 26.Paragraph (b) of subsection (3) and paragraph 1090 (e) of subsection (5) of section 907.041, Florida Statutes, are 1091 amended to read: 1092 907.041Pretrial detention and release. 1093 (3)RELEASE ON NONMONETARY CONDITIONS. 1094 (b)No person shall be released on nonmonetary conditions 1095 under the supervision of a pretrial release service, unless the 1096 service certifies to the court that it has investigated or 1097 otherwise verified: 1098 1.The circumstances of the accuseds family, employment, 1099 financial resources, character, mental condition, immigration 1100 status, and length of residence in the community; 1101 2.The accuseds record of convictions, of appearances at 1102 court proceedings, of flight to avoid prosecution, or of failure 1103 to appear at court proceedings; and 1104 3.Other facts necessary to assist the court in its 1105 determination of the indigency of the accused and whether she or 1106 he should be released under the supervision of the service. 1107 (5)PRETRIAL DETENTION. 1108 (e)When a person charged with a crime for which pretrial 1109 detention could be ordered is arrested, the arresting agency 1110 shall promptly notify the state attorney of the arrest and shall 1111 provide the state attorney with such information as the 1112 arresting agency has obtained relative to: 1113 1.The nature and circumstances of the offense charged; 1114 2.The nature of any physical evidence seized and the 1115 contents of any statements obtained from the defendant or any 1116 witness; 1117 3.The defendants family ties, residence, employment, 1118 financial condition, and mental condition, and immigration 1119 status; and 1120 4.The defendants past conduct and present conduct, 1121 including any record of convictions, previous flight to avoid 1122 prosecution, or failure to appear at court proceedings. 1123 Section 27.Section 908.101, Florida Statutes, is amended 1124 to read: 1125 908.101Legislative findings and intent. 1126 (1)The Legislature finds that it is an important state 1127 interest to cooperate and assist the Federal Government in the 1128 enforcement of federal immigration laws within this state. 1129 (2)The Legislature further finds that designating a single 1130 state officer, the Commissioner of Agriculture, as the chief 1131 immigration officer, is essential to facilitating coordination, 1132 assistance, and communication between the Federal Government, 1133 state entities, local governmental entities, and law enforcement 1134 agencies regarding the enforcement of federal immigration laws. 1135 Section 28.Subsections (1) through (5) and subsections (6) 1136 and (7) of section 908.102, Florida Statutes, are renumbered as 1137 subsections (2) through (6) and subsections (8) and (9), 1138 respectively, and new subsections (1) and (7) are added to that 1139 section to read: 1140 908.102Definitions.As used in this chapter, the term: 1141 (1)Chief immigration officer means the chief immigration 1142 officer as described in s. 19.55. 1143 (7)Office means the Office of State Immigration 1144 Enforcement established within the Division of Law Enforcement 1145 under the Department of Agriculture and Consumer Services. 1146 Section 29.Section 908.1031, Florida Statutes, is created 1147 to read: 1148 908.1031Office of State Immigration Enforcement; creation; 1149 purpose and duties. 1150 (1)The Office of State Immigration Enforcement is 1151 established within the Division of Law Enforcement under the 1152 Department of Agriculture and Consumer Services. The purpose of 1153 the office is to aid the Commissioner of Agriculture in the 1154 commissioners role as the chief immigration officer of the 1155 state by: 1156 (a)Encouraging cooperation by state entities, local 1157 governmental entities, and law enforcement agencies with the 1158 Federal Government to support the enforcement of federal 1159 immigration laws to the maximum extent permissible under federal 1160 law across the State of Florida. 1161 (b)Serving as the central point of coordination between 1162 federal immigration agencies, state entities, local governmental 1163 entities, and law enforcement agencies regarding the enforcement 1164 of federal immigration laws. 1165 (2)The office shall facilitate the collection and 1166 dissemination of investigative and intelligence information to 1167 the Federal Government. 1168 (3)The office shall employ sworn law enforcement officers, 1169 nonsworn investigators, and administrative personnel. Such 1170 employees, when authorized by federal law, must aid local 1171 governmental entities and law enforcement agencies in the 1172 investigation and enforcement of federal immigration laws. The 1173 positions and resources necessary for the office to accomplish 1174 its duties shall be established through and subject to the 1175 legislative appropriations process. 1176 (4)(a)Each law enforcement officer shall meet the 1177 qualifications of law enforcement officers under s. 943.13 and 1178 shall be certified as a law enforcement officer by the 1179 Department of Law Enforcement under the provisions of chapter 1180 943. Upon certification, each law enforcement officer is subject 1181 to and shall have the same arrest and other authority provided 1182 for law enforcement officers generally in chapter 901 and shall 1183 have statewide jurisdiction. Each officer shall also have arrest 1184 authority as provided for state law enforcement officers in s. 1185 901.15. Such officers have full law enforcement powers granted 1186 to other peace officers of this state, including the authority 1187 to make arrests, carry firearms, serve court process, and seize 1188 contraband and the proceeds of illegal activities. 1189 (b)All law enforcement officers of the office, upon 1190 certification under s. 943.1395, shall have the same right and 1191 authority to carry arms as do the sheriffs of this state. 1192 (5)By December 15 of each year, the office shall submit a 1193 report to the Governor, the President of the Senate, and the 1194 Speaker of the House of Representatives. The report may contain 1195 recommendations to the Legislature to improve the states 1196 cooperation and coordination with the Federal Government in the 1197 enforcement of federal immigration laws within this state. The 1198 report must detail the number of trained law enforcement 1199 officers under the required agreements in s. 908.11 and the 1200 level of cooperation and coordination between the following 1201 entities and federal immigration agencies: 1202 (a)State entities. 1203 (b)Local governmental entities. 1204 (c)Law enforcement agencies. 1205 (6)The office serves as a relevant state law enforcement 1206 agency for any applicable Federal Homeland Security Task Force 1207 established under President Trumps Executive Order, Protecting 1208 the American People Against Invasion, issued on January 20, 1209 2025. 1210 (7)The office may adopt rules to implement this section. 1211 Section 30.Subsections (5) through (8) of section 908.104, 1212 Florida Statutes, are renumbered as subsections (6) through (9), 1213 respectively, present subsections (5), (6), and (8) are amended, 1214 and a new subsection (5) is added to that section, to read: 1215 908.104Cooperation with federal immigration authorities. 1216 (5)Upon request from a federal immigration agency, a 1217 sheriff or chief correctional officer operating a county 1218 detention facility must provide the requesting federal 1219 immigration agency a list of all inmates booked into a county 1220 detention facility and any information regarding each inmates 1221 immigration status. 1222 (6)(5)This section does not require a state entity, local 1223 governmental entity, or law enforcement agency to provide a 1224 federal immigration agency with information related to a victim 1225 of or a witness to a criminal offense if: 1226 (a)The victim or witness is necessary to the investigation 1227 or prosecution of a crime, and such crime occurred in the United 1228 States; and 1229 (b)The victim or witness timely and in good faith responds 1230 to the entitys or agencys request for information and 1231 cooperates cooperation in the investigation or prosecution of 1232 such the offense. 1233 (7)(6)A state entity, local governmental entity, or law 1234 enforcement agency that, pursuant to subsection (6) (5), 1235 withholds information regarding the immigration information of a 1236 victim of or witness to a criminal offense shall document the 1237 victims or witnesss cooperation in the entitys or agencys 1238 investigative records related to the offense and shall retain 1239 the records for at least 10 years for the purpose of audit, 1240 verification, or inspection by the Auditor General. 1241 (9)(8)This section does not apply to any alien unlawfully 1242 present in the United States if he or she is or has been a 1243 necessary witness or victim of a crime of domestic violence, 1244 rape, sexual exploitation, sexual assault, murder, manslaughter, 1245 assault, battery, human trafficking, kidnapping, false 1246 imprisonment, involuntary servitude, fraud in foreign labor 1247 contracting, blackmail, extortion, or witness tampering, 1248 provided that such crime was committed in the United States. 1249 Documentation, including, but not limited to, police reports, 1250 testimony, sworn statements, or a victim impact statement, must 1251 be relied upon to verify that the person was a necessary witness 1252 or victim to the crime. 1253 Section 31.Section 908.1041, Florida Statutes, is created 1254 to read: 1255 908.1041Cooperation between public entities to enforce 1256 federal immigration laws. 1257 (1)Every state, county, district, authority, or municipal 1258 officer, department, division, board, bureau, commission, or 1259 other separate unit of government and any other public or 1260 private agency, person, partnership, corporation, or business 1261 entity contracted with or otherwise acting on behalf of any 1262 public agency has a duty and an obligation to cooperate to the 1263 fullest extent possible with the Federal Government in the 1264 enforcement of federal immigration laws and the protection of 1265 the borders of the United States. 1266 (2)State entities and state law enforcement agencies must 1267 cooperate and coordinate with the office at its request 1268 concerning federal immigration laws or matters directly related 1269 thereto. Any communication with or coordination between a state 1270 entity and a federal immigration agency concerning such laws or 1271 matters must occur through the office. Any interagency 1272 agreement, memorandum of understanding, or contract, or any 1273 modification or amendment to such agreement, memorandum, or 1274 contract, concerning federal immigration laws or matters 1275 directly related thereto between a federal immigration agency 1276 and a state entity or state law enforcement agency must be 1277 approved by the chief immigration officer before execution. 1278 (3)If a local governmental entity or local law enforcement 1279 agency requests assistance regarding federal immigration laws 1280 from a state entity or state law enforcement agency, that local 1281 governmental entity or local law enforcement agency must 1282 coordinate the request through the office. 1283 Section 32.Section 908.1042, Florida Statutes, is created 1284 to read: 1285 908.1042State Immigration Enforcement Council.The State 1286 Immigration Enforcement Council is created within the office for 1287 the purpose of advising the chief immigration officer. 1288 (1)MEMBERSHIP.The council at a minimum must be composed 1289 of seven sheriffs and four police chiefs appointed by the chief 1290 immigration officer, as well as the executive director of the 1291 Department of Law Enforcement. The chief immigration officer 1292 must appoint a sheriff to serve as chair of the council. 1293 (2)TERMS OF MEMBERSHIP; COMPENSATION; STAFF. 1294 (a)Appointments to the council must be made by March 1, 1295 2025. Any vacancy shall be filled within 2 weeks after such a 1296 vacancy. 1297 (b)Membership of the council shall not disqualify a member 1298 from holding any other public office or being employed by a 1299 public entity except that no member of the Legislature shall 1300 serve on the council. The Legislature finds that the council 1301 serves a state, county, and municipal purpose and that service 1302 on the council is consistent with a members principal service 1303 in a public office or employment. 1304 (c)Members of the council shall serve without compensation 1305 but are entitled to reimbursement for per diem and travel 1306 expenses pursuant to s. 112.061. 1307 (d)The office shall provide the council with staff 1308 necessary to assist the council in the performance of its 1309 duties. 1310 (3)MEETINGS.The council must meet quarterly. Additional 1311 meetings may be held at the discretion of the chair. A majority 1312 of members of the council constitute a quorum. Council meetings 1313 may be conducted by teleconference or other electronic means. 1314 (4)DUTIES OF COUNCIL.The council shall: 1315 (a)Advise the chief immigration officer on the efforts of 1316 local law enforcement agencies related to the enforcement of 1317 federal immigration laws within the state. 1318 (b)Provide recommendations on the financial resources 1319 necessary to aid local law enforcement agencies in the 1320 cooperation and coordination with the Federal Government. 1321 (c)Provide recommendations to enhance information sharing 1322 between state entities, local governmental entities, law 1323 enforcement agencies, and the Federal Government in the 1324 enforcement of federal immigration laws within the state. The 1325 recommendations must provide for enhanced use and coordination 1326 of the following Federal Government centers, including, but not 1327 limited to: 1328 1.The Federal Bureau of Investigations Terrorist 1329 Screening Center; 1330 2.The United States Customs and Border Protections 1331 National Targeting Center; 1332 3.The United States Department of Homeland Security Fusion 1333 Centers; and 1334 4.The United States Drug Enforcement Administrations 1335 Special Operations Unit. 1336 (d)Provide recommendations of any resources necessary to 1337 facilitate the training of local law enforcement agencies in the 1338 cooperation and coordination with the Federal Government and the 1339 enforcement of federal immigration laws. 1340 (e)Provide recommendations on strategies to increase the 1341 number of available detention beds for use by the United States 1342 Immigration and Customs Enforcement. 1343 (f)Analyze the information collected in s. 908.1031(5), 1344 including the number of trained law enforcement officers under 1345 the required agreements in s. 908.11, and make recommendations 1346 to the chief immigration officer. 1347 (5)RULEMAKING.The office may adopt rules to implement 1348 this section. 1349 Section 33.Paragraph (c) of subsection (1) of section 1350 908.105, Florida Statutes, is amended, paragraph (d) is added to 1351 that subsection, and subsection (4) is added to that section, to 1352 read: 1353 908.105Duties related to immigration detainers. 1354 (1)A law enforcement agency that has custody of a person 1355 subject to an immigration detainer issued by a federal 1356 immigration agency shall: 1357 (c)Upon determining that the immigration detainer is in 1358 accordance with s. 908.102(3) s. 908.102(2), comply with the 1359 requests made in the immigration detainer. 1360 (d)Notify the state attorney that the person is subject to 1361 an immigration detainer. 1362 (4)(a)If any county, district, authority, municipality, or 1363 other local government adopts an ordinance, a regulation, a 1364 rule, or a policy refusing to comply with or otherwise directing 1365 local officials, employees, or others to refuse to comply with 1366 an immigration detainer issued by a federal immigration agency, 1367 the chief immigration officer must initiate judicial proceedings 1368 in the name of the state in order to enforce compliance. The 1369 court upon finding noncompliance with this subsection shall 1370 declare invalid the improper ordinance, regulation, rule, or 1371 policy and issue a permanent injunction against the local 1372 government prohibiting it from enforcing such ordinance, 1373 regulation, rule, or policy. It is not a defense that in 1374 enacting the ordinance, regulation, rule, or policy the local 1375 government was acting in good faith or upon advice of counsel. 1376 (b)If the court determines that a violation was knowing 1377 and willful, the court must assess a civil fine of up to $5,000 1378 against the elected or appointed local government official or 1379 officials or administrative agency head under whose jurisdiction 1380 the violation occurred. 1381 (c)Except as required by applicable law, public funds may 1382 not be used to defend or reimburse the unlawful conduct of any 1383 person found to have knowingly and willfully violated this 1384 subsection. 1385 Section 34.Subsections (1) and (2) of section 908.107, 1386 Florida Statutes, are amended to read: 1387 908.107Enforcement. 1388 (1)(a)Any executive or administrative state, county, or 1389 municipal officer who violates his or her duties under this 1390 chapter may be subject to action by the Governor in the exercise 1391 of his or her authority under the State Constitution and state 1392 law. Pursuant to s. 1(b), Art. IV of the State Constitution, the 1393 Governor may initiate judicial proceedings in the name of the 1394 state against such officers to enforce compliance with any duty 1395 under this chapter or restrain any unauthorized act contrary to 1396 this chapter. 1397 (b)The chief immigration officer may present evidence to 1398 the Governor that an executive or administrative state, county, 1399 or municipal officer has violated his or her duties under this 1400 chapter and recommend that the Governor take action using his or 1401 her authority under the State Constitution and state law. 1402 (2)In addition, the Attorney General or the chief 1403 immigration officer may file suit against a local governmental 1404 entity or local law enforcement agency in a court of competent 1405 jurisdiction for declaratory or injunctive relief for a 1406 violation of this chapter. 1407 Section 35.Section 908.11, Florida Statutes, is amended to 1408 read: 1409 908.11Immigration enforcement assistance agreements; 1410 reporting requirement. 1411 (1)The sheriff or the chief correctional officer By 1412 January 1, 2023, each law enforcement agency operating a county 1413 detention facility must enter into a written agreement with the 1414 United States Immigration and Customs Enforcement to participate 1415 in the immigration program established under s. 287(g) of the 1416 Immigration and Nationality Act, 8 U.S.C. s. 1357. The chief 1417 immigration officer must approve the termination of any such 1418 agreement. This subsection does not require a sheriff or chief 1419 correctional officer operating a county detention facility law 1420 enforcement agency to participate in a particular program model. 1421 (2)Beginning no later than April 1, 2025 October 1, 2022, 1422 and until the sheriff or chief correctional officer operating a 1423 county detention facility law enforcement agency enters into the 1424 written agreement required under subsection (1), each sheriff or 1425 chief correctional officer law enforcement agency operating a 1426 county detention facility must notify the office Department of 1427 Law Enforcement quarterly of the status of such written 1428 agreement and any reason for noncompliance with this section, if 1429 applicable. 1430 Section 36.Section 908.13, Florida Statutes, is created to 1431 read: 1432 908.13Emergency powers of the chief immigration officer. 1433 Notwithstanding the provisions of ss. 252.31-252.90, this 1434 section provides the sole authority to declare a state of 1435 emergency related to illegal immigration, illegal migration, or 1436 immigration enforcement to the chief immigration officer. 1437 (1)Within the powers conferred upon the chief immigration 1438 officer by law, the chief immigration officer may issue 1439 emergency orders, proclamations, and rules and may amend or 1440 rescind them. Such orders, proclamations, and rules have the 1441 force and effect of law. An emergency order, proclamation, or 1442 rule must be limited to a duration of not more than 60 days and 1443 may be renewed as necessary during the duration of the 1444 emergency. If renewed, such order, proclamation, or rule must 1445 specifically state the provisions being renewed. 1446 (2)An emergency order or proclamation must be promptly 1447 disseminated by means calculated to bring its contents to the 1448 attention of the general public, and unless the circumstances 1449 attendant upon the emergency prevent or impede such filing, the 1450 order or proclamation must be filed promptly with the Governor, 1451 the Department of State, the President of the Senate, the 1452 Speaker of the House of Representatives, and the offices of the 1453 county commissioners in the counties to which the order or 1454 proclamation applies. 1455 (3)(a)At any time, the Legislature, by concurrent 1456 resolution, may terminate a state of emergency or any specific 1457 order, proclamation, or rule thereunder. Upon such concurrent 1458 resolution, the chief immigration officer shall issue an 1459 emergency order or proclamation consistent with the concurrent 1460 resolution. 1461 (b)Notwithstanding s. 252.46(2), all emergency 1462 declarations and orders, regardless of how titled, issued under 1463 the authority of this section by the chief immigration officer 1464 before, during, or after a declared emergency must be 1465 immediately filed with the Division of Administrative Hearings. 1466 Failure to file any such declaration or order with the division 1467 within 5 days after issuance voids the declaration or order. The 1468 division shall index all such declarations and orders and make 1469 them available in a searchable format on its website within 3 1470 days after filing. The searchable format must include, but is 1471 not limited to, searches by term, referenced statutes, and rules 1472 and must include a search category that specifically identifies 1473 emergency orders in effect at any given time. A link to the 1474 divisions index must be placed in a conspicuous location on the 1475 Department of Agriculture and Consumer Services website. 1476 (4)During a declared state of emergency for illegal 1477 immigration, illegal migration, or immigration enforcement, the 1478 chief immigration officer shall coordinate with and advise state 1479 and local law enforcement agencies for the purpose of securing 1480 compliance with this chapter. 1481 (5)The chief immigration officer, when deemed necessary to 1482 respond to immigration-related emergencies, shall request 1483 assistance from the Governor for the activation and deployment 1484 of Florida National Guard personnel and equipment. 1485 Section 37.Paragraph (d) of subsection (3) of section 1486 921.0022, Florida Statutes, is amended to read: 1487 921.0022Criminal Punishment Code; offense severity ranking 1488 chart. 1489 (3)OFFENSE SEVERITY RANKING CHART 1490 (d)LEVEL 4 1491 1492 FloridaStatute FelonyDegree Description 1493 104.155 3rd Unauthorized alien willfully voting; aiding or soliciting unauthorized alien in voting. 1494 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. 1495 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 1496 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 1497 517.07(1) 3rd Failure to register securities. 1498 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 1499 784.031 3rd Battery by strangulation. 1500 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 1501 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 1502 784.075 3rd Battery on detention or commitment facility staff. 1503 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 1504 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 1505 784.081(3) 3rd Battery on specified official or employee. 1506 784.082(3) 3rd Battery by detained person on visitor or other detainee. 1507 784.083(3) 3rd Battery on code inspector. 1508 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 1509 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 1510 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 1511 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 1512 787.07 3rd Human smuggling. 1513 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 1514 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 1515 790.115(2)(c) 3rd Possessing firearm on school property. 1516 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 1517 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 1518 806.135 2nd Destroying or demolishing a memorial or historic property. 1519 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 1520 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 1521 810.06 3rd Burglary; possession of tools. 1522 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 1523 810.145(3)(b) 3rd Digital voyeurism dissemination. 1524 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 1525 812.014(2)(c)4. &6.-10. 3rd Grand theft, 3rd degree; specified items. 1526 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage. 1527 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. 1528 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 1529 817.505(4)(a) 3rd Patient brokering. 1530 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 1531 817.568(2)(a) 3rd Fraudulent use of personal identification information. 1532 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 1533 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 1534 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 1535 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 1536 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 1537 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 1538 837.02(1) 3rd Perjury in official proceedings. 1539 837.021(1) 3rd Make contradictory statements in official proceedings. 1540 838.022 3rd Official misconduct. 1541 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 1542 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 1543 843.021 3rd Possession of a concealed handcuff key by a person in custody. 1544 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 1545 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 1546 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 1547 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 1548 870.01(3) 2nd Aggravated rioting. 1549 870.01(5) 2nd Aggravated inciting a riot. 1550 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 1551 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. drugs). 1552 914.14(2) 3rd Witnesses accepting bribes. 1553 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 1554 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 1555 916.1085(2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 1556 918.12 3rd Tampering with jurors. 1557 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 1558 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 1559 951.22(1)(h),(j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility. 1560 1561 Section 38.Section 921.1426, Florida Statutes, is created 1562 to read: 1563 921.1426Sentence of death for capital offense committed by 1564 an unauthorized alien.Notwithstanding any provision of law to 1565 the contrary, the court shall sentence a defendant who is an 1566 unauthorized alien and who is convicted or adjudicated guilty of 1567 a capital felony to a sentence of death. For the purposes of 1568 this section, an unauthorized alien means a person who is 1569 unlawfully present in the United States according to the terms 1570 of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1571 1101 et seq. The term shall be interpreted consistently with any 1572 applicable federal statutes, rules, or regulations. 1573 Section 39.Subsections (15) and (16) of section 943.03, 1574 Florida Statutes, are renumbered as subsections (16) and (17), 1575 respectively, subsection (14) is amended, and a new subsection 1576 (15) is added to that section, to read: 1577 943.03Department of Law Enforcement. 1578 (14)The department, with respect to counter-terrorism 1579 efforts, responses to acts of terrorism within or affecting this 1580 state, coordinating with and providing assistance to the Federal 1581 Government in the enforcement of federal immigration laws, 1582 responses to immigration enforcement incidents within or 1583 affecting this state, and other matters related to the domestic 1584 security of Florida as it relates to terrorism and immigration 1585 enforcement incidents, shall coordinate and direct the law 1586 enforcement, initial emergency, and other initial responses. The 1587 department shall work closely with the Division of Emergency 1588 Management, other federal, state, and local law enforcement 1589 agencies, fire and rescue agencies, first-responder agencies, 1590 and others involved in preparation against acts of terrorism in 1591 or affecting this state, immigration enforcement incidents 1592 within or affecting this state, and in the response to such acts 1593 or incidents. The executive director of the department, or 1594 another member of the department designated by the director, 1595 shall serve as Chief of Domestic Security for the purpose of 1596 directing and coordinating such efforts. The department and 1597 Chief of Domestic Security shall use the regional domestic 1598 security task forces as established in this chapter to assist in 1599 such efforts. 1600 (15)The department shall coordinate with the Office of 1601 State Immigration Enforcement within the Department of 1602 Agriculture and Consumer Services when providing assistance to 1603 the Federal Government in the enforcement of federal immigration 1604 laws. 1605 Section 40.Section 943.03101, Florida Statutes, is amended 1606 to read: 1607 943.03101Counter-terrorism and immigration enforcement 1608 coordination.The Legislature finds that with respect to 1609 counter-terrorism efforts and, initial responses to acts of 1610 terrorism within or affecting this state, coordinating with and 1611 providing assistance to the Federal Government in the 1612 enforcement of federal immigration laws, and responses to 1613 immigration enforcement incidents within or affecting this 1614 state, specialized efforts of emergency management which are 1615 unique to such situations are required and that these efforts 1616 intrinsically involve very close coordination of federal, state, 1617 and local law enforcement agencies with the efforts of all 1618 others involved in emergency-response efforts. In order to best 1619 provide this specialized effort, the Legislature has determined 1620 that such efforts should be coordinated by and through the 1621 Department of Law Enforcement, working closely with the Division 1622 of Emergency Management and others involved in preparation 1623 against acts of terrorism in or affecting this state, 1624 immigration enforcement incidents within or affecting this 1625 state, and in the initial response to such acts, in accordance 1626 with the state comprehensive emergency management plan prepared 1627 pursuant to s. 252.35(2)(a). 1628 Section 41.Subsections (3) through (8) of section 1629 943.0311, Florida Statutes, are renumbered as subsections (2) 1630 through (7), respectively, and subsection (1) and present 1631 subsections (2) and (4) of that section are amended to read: 1632 943.0311Chief of Domestic Security; duties of the 1633 department with respect to domestic security. 1634 (1)The executive director of the department, or a member 1635 of the department designated by the executive director, shall 1636 serve as the Chief of Domestic Security. The Chief of Domestic 1637 Security shall: 1638 (a)Coordinate the efforts of the department in the ongoing 1639 assessment of this states vulnerability to, and ability to 1640 detect, prevent, prepare for, respond to, and recover from, acts 1641 of terrorism within or affecting this state and immigration 1642 enforcement incidents within or affecting this state. 1643 (b)Prepare recommendations for the Governor, the President 1644 of the Senate, and the Speaker of the House of Representatives, 1645 which are based upon ongoing assessments to limit the 1646 vulnerability of the state to terrorism and immigration 1647 enforcement incidents. 1648 (c)Coordinate the collection of proposals to limit the 1649 vulnerability of the state to terrorism and immigration 1650 enforcement incidents. 1651 (d)Coordinate with the chief immigration officer within 1652 the Department of Agriculture and Consumer Services when 1653 providing assistance to the Federal Government in the 1654 enforcement of federal immigration laws. 1655 (e)(d)Use regional task forces to support the duties of 1656 the department set forth in this section. 1657 (f)(e)Use public or private resources to perform the 1658 duties assigned to the department under this section. 1659 (2)The chief shall regularly coordinate random audits 1660 pursuant to s. 448.095 to ensure compliance and enforcement and 1661 shall notify the Department of Commerce of any violations. 1662 (3)(4)The chief shall report to the Governor, the 1663 President of the Senate, and the Speaker of the House of 1664 Representatives by November 1 of each year suggestions for 1665 specific and significant security enhancements of any building, 1666 facility, or structure owned or leased by a state agency, state 1667 university, or community college or any entity that has 1668 conducted an assessment under subsection (5) (6). The chief may 1669 utilize the assessments provided under subsection (5) (6) in 1670 making his or her suggestions. The report shall suggest 1671 strategies to maximize federal funds in support of building or 1672 facility security if such funds are available. 1673 Section 42.Section 943.0312, Florida Statutes, is amended 1674 to read: 1675 943.0312Regional domestic security task forces.The 1676 Legislature finds that there is a need to develop and implement 1677 a statewide strategy to address prevention, preparation, 1678 protection, response, and recovery efforts by federal, state, 1679 and local law enforcement agencies, emergency management 1680 agencies, fire and rescue departments, first-responder 1681 personnel, and others in dealing with potential or actual 1682 terrorist acts within or affecting this state and potential or 1683 actual immigration enforcement incidents within or affecting 1684 this state. 1685 (1)To assist the department and the Chief of Domestic 1686 Security in performing their roles and duties in this regard, 1687 the department shall establish a regional domestic security task 1688 force in each of the departments operational regions. The task 1689 forces shall serve in an advisory capacity to the department and 1690 the Chief of Domestic Security and shall provide support to the 1691 department in its performance of functions pertaining to 1692 domestic security. 1693 (a)Subject to annual appropriation, the department shall 1694 provide dedicated employees to support the function of each 1695 regional domestic security task force. 1696 (b)Each task force shall be co-chaired by the departments 1697 special agent in charge of the operational region in which the 1698 task force is located and by a local sheriff or chief of police 1699 from within the operational region. 1700 (c)Each task force membership may also include 1701 representatives of state and local law enforcement agencies, 1702 fire and rescue departments, or first-responder personnel; 1703 representatives of emergency management agencies and health, 1704 medical, and hospital agencies; representatives of local 1705 emergency planning committees; and other persons as deemed 1706 appropriate and necessary by the task force co-chairs. 1707 (d)The co-chairs of each task force may appoint 1708 subcommittees and subcommittee chairs as necessary in order to 1709 address issues related to the various disciplines represented on 1710 the task force, except that subcommittee chairs for emergency 1711 management shall be appointed with the approval of the director 1712 of the Division of Emergency Management. A subcommittee chair 1713 shall serve at the pleasure of the co-chairs. 1714 (2)In accordance with the states domestic security 1715 strategic goals and objectives, each task force shall coordinate 1716 efforts to counter terrorism as defined by s. 775.30 and 1717 cooperate with and provide assistance to the Federal Government 1718 in the enforcement of federal immigration laws within or 1719 affecting this state in compliance with chapter 908, among 1720 local, state, and federal resources to ensure that such efforts 1721 are not fragmented or unnecessarily duplicated; coordinate 1722 training for local and state personnel to counter terrorism as 1723 defined in s. 775.30; and cooperate with and provide assistance 1724 to the Federal Government in the enforcement of federal 1725 immigration laws within or affecting this state in compliance 1726 with chapter 908; coordinate the collection and dissemination of 1727 investigative and intelligence information; and facilitate 1728 responses to terrorist incidents within or affecting each region 1729 and immigration enforcement incidents within or affecting each 1730 region. With the approval of the Chief of Domestic Security, the 1731 task forces may incorporate other objectives reasonably related 1732 to the goals of enhancing the states domestic security and 1733 ability to detect, prevent, and respond to acts of terrorism 1734 within or affecting this state or immigration enforcement 1735 incidents within or affecting this state. Each task force shall 1736 take into account the variety of conditions and resources 1737 present within its region. 1738 (3)The Chief of Domestic Security, in conjunction with the 1739 Division of Emergency Management, the regional domestic security 1740 task forces, and the various state entities responsible for 1741 establishing training standards applicable to state law 1742 enforcement officers and fire, emergency, and first-responder 1743 personnel shall identify appropriate equipment and training 1744 needs, curricula, and materials related to the effective 1745 response to suspected or actual acts of terrorism, immigration 1746 enforcement incidents, or incidents involving real or hoax 1747 weapons of mass destruction as defined in s. 790.166. 1748 Recommendations for funding for purchases of equipment, delivery 1749 of training, implementation of, or revision to basic or 1750 continued training required for state licensure or 1751 certification, or other related responses shall be made by the 1752 Chief of Domestic Security to the Domestic Security Oversight 1753 Council, the Executive Office of the Governor, the President of 1754 the Senate, and the Speaker of the House of Representatives as 1755 necessary to ensure that the needs of this state with regard to 1756 the preparing, equipping, training, and exercising of response 1757 personnel are identified and addressed. In making such 1758 recommendations, the Chief of Domestic Security and the Division 1759 of Emergency Management shall identify all funding sources that 1760 may be available to fund such efforts. 1761 (4)Each regional domestic security task force, working in 1762 conjunction with the department, the Office of the Attorney 1763 General, and other public or private entities, shall work to 1764 ensure that hate-driven acts against ethnic groups that may have 1765 been targeted as a result of acts of terrorism in or affecting 1766 this state, or as a result of immigration enforcement incidents 1767 within or affecting this state, are appropriately investigated 1768 and responded to. 1769 (5)Members of each regional domestic security task force 1770 may not receive any pay other than their salaries normally 1771 received from their employers, but are entitled to reimbursement 1772 for per diem and travel expenses in accordance with s. 112.061. 1773 (6)Subject to annual appropriation, the department shall 1774 provide staff and administrative support for the regional 1775 domestic security task forces. 1776 Section 43.Section 943.0313, Florida Statutes, is amended 1777 to read: 1778 943.0313Domestic Security Oversight Council.The 1779 Legislature finds that there exists a need to provide executive 1780 direction and leadership with respect to terrorism and 1781 immigration enforcement incident prevention, preparation, 1782 protection, response, and recovery efforts by state and local 1783 agencies in this state. In recognition of this need, the 1784 Domestic Security Oversight Council is hereby created. The 1785 council shall serve as an advisory council pursuant to s. 1786 20.03(7) to provide guidance to the states regional domestic 1787 security task forces and other domestic security working groups 1788 and to make recommendations to the Governor and the Legislature 1789 regarding the expenditure of funds and allocation of resources 1790 related to counter-terrorism and cooperating with and providing 1791 assistance to the Federal Government in the enforcement of 1792 federal immigration laws and domestic security efforts. 1793 (1)MEMBERSHIP. 1794 (a)The Domestic Security Oversight Council shall consist 1795 of the following voting members: 1796 1.The executive director of the Department of Law 1797 Enforcement. 1798 2.The director of the Division of Emergency Management. 1799 3.The Attorney General. 1800 4.The Commissioner of Agriculture. 1801 5.The State Surgeon General. 1802 6.The Commissioner of Education. 1803 7.The State Fire Marshal. 1804 8.The adjutant general of the Florida National Guard. 1805 9.The state chief information officer. 1806 10.Each sheriff or chief of police who serves as a co 1807 chair of a regional domestic security task force pursuant to s. 1808 943.0312(1)(b). 1809 11.Each of the departments special agents in charge who 1810 serve as a co-chair of a regional domestic security task force. 1811 12.Two representatives of the Florida Fire Chiefs 1812 Association. 1813 13.One representative of the Florida Police Chiefs 1814 Association. 1815 14.One representative of the Florida Prosecuting Attorneys 1816 Association. 1817 15.The chair of the Statewide Domestic Security 1818 Intelligence Committee. 1819 16.One representative of the Florida Hospital Association. 1820 17.One representative of the Emergency Medical Services 1821 Advisory Council. 1822 18.One representative of the Florida Emergency 1823 Preparedness Association. 1824 19.One representative of the Florida Seaport 1825 Transportation and Economic Development Council. 1826 (b)In addition to the members designated in paragraph (a), 1827 the council may invite other ex officio, nonvoting members to 1828 attend and participate in council meetings. Those nonvoting 1829 members may include, but need not be limited to: 1830 1.The executive director of the Department of Highway 1831 Safety and Motor Vehicles. 1832 2.The Secretary of Health Care Administration. 1833 3.The Secretary of Environmental Protection. 1834 4.The director of the Division of Law Enforcement within 1835 the Fish and Wildlife Conservation Commission. 1836 5.A representative of the Commission on Human Relations. 1837 6.A representative of the United States Coast Guard. 1838 7.A United States Attorney from a federal judicial circuit 1839 within this state. 1840 8.A special agent in charge from an office of the Federal 1841 Bureau of Investigation within this state. 1842 9.A representative of the United States Department of 1843 Homeland Security. 1844 10.A representative of United States Immigration and 1845 Customs Enforcement. 1846 11.A representative of United States Customs and Border 1847 Protection. 1848 (2)ORGANIZATION. 1849 (a)The Legislature finds that the council serves a 1850 legitimate state, county, and municipal purpose and that service 1851 on the council is consistent with a members principal service 1852 in public office or employment. Membership on the council does 1853 not disqualify a member from holding any other public office or 1854 being employed by a public entity, except that a member of the 1855 Legislature may not serve on the council. 1856 (b)The executive director of the Department of Law 1857 Enforcement shall serve as chair of the council, and the 1858 director of the Division of Emergency Management shall serve as 1859 vice chair of the council. In the absence of the chair, the vice 1860 chair shall serve as chair. In the absence of the vice chair, 1861 the chair may name any member of the council to perform the 1862 duties of the chair if such substitution does not extend beyond 1863 a defined meeting, duty, or period of time. 1864 (c)Any absent voting member of the council may be 1865 represented by a designee empowered to act on any issue before 1866 the council to the same extent that the designating member is 1867 empowered. If a co-chair of a regional domestic security task 1868 force is absent from a council meeting, the co-chair shall 1869 appoint a subcommittee chair of that task force as the designee. 1870 (d)The council shall establish bylaws for its general 1871 governance. 1872 (e)Any member of the council serving by reason of the 1873 office or employment held by the member shall cease to serve on 1874 the council at such time as he or she ceases to hold the office 1875 or employment which was the basis for appointment to the 1876 council. 1877 (f)Representatives from agencies or organizations other 1878 than those designated by title shall be chosen by the entity. 1879 Except for those individuals designated by title, council 1880 members shall be certified annually to the chair by the 1881 organization they represent. 1882 (g)Members of the council or their designees shall serve 1883 without compensation but are entitled to reimbursement for per 1884 diem and travel expenses pursuant to s. 112.061. 1885 (h)The department shall provide the council with the staff 1886 support necessary to assist in the performance of its duties. 1887 (3)MEETINGS.The council must meet at least semiannually. 1888 Additional meetings may be held as necessary. A majority of the 1889 members of the council constitutes a quorum. 1890 (4)EXECUTIVE COMMITTEE. 1891 (a)The council shall establish an executive committee 1892 consisting of the following members: 1893 1.The executive director of the Department of Law 1894 Enforcement. 1895 2.The director of the Division of Emergency Management. 1896 3.The Attorney General. 1897 4.The Commissioner of Agriculture. 1898 5.The State Surgeon General. 1899 6.The Commissioner of Education. 1900 7.The State Fire Marshal. 1901 (b)The executive director of the Department of Law 1902 Enforcement shall serve as the chair of the executive committee, 1903 and the director of the Division of Emergency Management shall 1904 serve as the vice chair of the executive committee. 1905 (c)The executive committee shall approve all matters 1906 brought before the council prior to consideration. When 1907 expedited action of the council is deemed necessary by the chair 1908 or vice chair, the executive committee may act on behalf of the 1909 council. 1910 (5)DUTIES OF THE COUNCIL. 1911 (a)The Domestic Security Oversight Council shall serve as 1912 an advisory council to the Governor, the Legislature, and the 1913 Chief of Domestic Security. The council shall: 1914 1.Review the development, maintenance, and operation of a 1915 comprehensive multidisciplinary domestic security strategy that 1916 will guide the states prevention, preparedness, protection, 1917 response, and recovery efforts against terrorist attacks and 1918 immigration enforcement incidents and make appropriate 1919 recommendations to ensure the implementation of that strategy. 1920 2.Review the development of integrated funding plans to 1921 support specific projects, goals, and objectives necessary to 1922 the states domestic security strategy and make appropriate 1923 recommendations to implement those plans. 1924 3.Review and recommend approval of prioritized 1925 recommendations from regional domestic security task forces and 1926 state working groups on the use of available funding to ensure 1927 the use of such funds in a manner that best promotes the goals 1928 of statewide, regional, and local domestic security through 1929 coordinated planning and implementation strategies. 1930 4.Review and recommend approval of statewide policies and 1931 operational protocols that support the domestic security efforts 1932 of the regional domestic security task forces and state 1933 agencies. 1934 5.Review the overall statewide effectiveness of domestic 1935 security efforts and, counter-terrorism efforts, and efforts of 1936 coordinating with and providing assistance to the Federal 1937 Government in the enforcement of federal immigration laws in 1938 order to provide suggestions to improve or enhance those 1939 efforts. 1940 6.Review the efforts of any agency or entity involved in 1941 state or local domestic security efforts and, counter-terrorism 1942 efforts, and efforts of coordination with and providing 1943 assistance to the Federal Government in the enforcement of 1944 federal immigration laws that requests assistance or that 1945 appears to need such review in order to provide suggestions to 1946 improve or enhance those efforts. 1947 7.Review efforts within the state to better secure state 1948 and local infrastructure against terrorist attack or immigration 1949 enforcement incidents and make recommendations to enhance the 1950 effectiveness of such efforts. 1951 8.Review and recommend legislative initiatives related to 1952 the states domestic security and provide endorsement or 1953 recommendations to enhance the effectiveness of such efforts. 1954 9.Review statewide or multiagency mobilizations and 1955 responses to major domestic security incidents and recommend 1956 suggestions for training, improvement of response efforts, or 1957 improvement of coordination or for other strategies that may be 1958 derived as necessary from such reviews. 1959 10.Conduct any additional review or inquiry or make 1960 recommendations to the Governor and Legislature in support of 1961 other initiatives, as may be necessary, to fulfill the function 1962 of general oversight of the states domestic security efforts 1963 and, counter-terrorism efforts, and efforts of coordinating with 1964 and providing assistance to the Federal Government in the 1965 enforcement of federal immigration laws and to promote increased 1966 security. 1967 11.Promote and preserve intergovernmental cooperation and 1968 consensus among state and local agencies, the Federal 1969 Government, private entities, other states, and other nations, 1970 as appropriate, under the guidance of the Governor. 1971 (b)The Domestic Security Oversight Council shall make an 1972 annual funding recommendation to the Governor and Legislature 1973 which shall prioritize funding requests based on allocations 1974 from all available sources for implementing the states domestic 1975 security strategy. This recommendation must include the 1976 prioritized recommendations of each of the regional domestic 1977 security task forces and the various working groups that 1978 participate in the prioritization process for funding 1979 allocations. The recommendation must reflect the consideration 1980 of strategic priorities and allocations that best serve the 1981 states overall domestic security needs. The recommendation 1982 shall be transmitted to the Governor and the Legislature by 1983 December 31 of each year. If additional funds become available, 1984 or reallocation of funding is required beyond current spending 1985 authorizations, the council may make recommendations to the 1986 Governor for consideration by the Legislative Budget Commission. 1987 (6)REPORTS.The council shall report annually on its 1988 activities, on or before December 31 of each calendar year, to 1989 the Governor, the President of the Senate, the Speaker of the 1990 House of Representatives, and the chairs of the committees 1991 having principal jurisdiction over domestic security in the 1992 Senate and the House of Representatives. 1993 (7)AGENCY DESIGNATION.For purposes of this section, the 1994 Domestic Security Oversight Council shall be considered a 1995 criminal justice agency within the definition of s. 119.011(4). 1996 Section 44.Effective July 1, 2025, paragraph (a) of 1997 subsection (12) of section 1009.26, Florida Statutes, is amended 1998 to read: 1999 1009.26Fee waivers. 2000 (12)(a)A state university, a Florida College System 2001 institution, a career center operated by a school district under 2002 s. 1001.44, or a charter technical career center shall waive 2003 out-of-state fees for students who are citizens of the United 2004 States or lawfully present in the United States, including, but 2005 not limited to, students who are undocumented for federal 2006 immigration purposes, who meet the following conditions: 2007 1.Attended a secondary school in this state for 3 2008 consecutive years immediately before graduating from a high 2009 school in this state; 2010 2.Apply for enrollment in an institution of higher 2011 education within 24 months after high school graduation; and 2012 3.Submit an official Florida high school transcript as 2013 evidence of attendance and graduation. 2014 Section 45.Students receiving a fee waiver pursuant to s. 2015 1009.26(12), Florida Statutes, must be reevaluated for 2016 eligibility beginning July 1, 2025. 2017 Section 46.(1)Any interagency agreement, memorandum of 2018 understanding, or contract existing before the effective date of 2019 this act between the Department of Law Enforcement and any other 2020 agency related to the coordination or enforcement of federal 2021 immigration laws shall continue as an agreement, memorandum, or 2022 contract for the remainder of its term with the Department of 2023 Agriculture and Consumer Services replacing the Department of 2024 Law Enforcement as a party. 2025 (2)Any administrative rules promulgated by the Department 2026 of Law Enforcement related to coordination with the Federal 2027 Government regarding federal immigration laws or the enforcement 2028 of federal immigration laws are transferred to the Department of 2029 Agriculture and Consumer Services. 2030 Section 47.(1) The Office of State Immigration Enforcement 2031 within the Division of Law Enforcement under the Department of 2032 Agriculture and Consumer Services is authorized, and all 2033 conditions are deemed met, to adopt emergency rules pursuant to 2034 s. 120.54(4), Florida Statutes, to implement the creation by 2035 this act of ss. 19.56, 908.1031, and 908.1042, Florida Statutes. 2036 Notwithstanding any other law, emergency rules adopted pursuant 2037 to this subsection are effective for 6 months after adoption and 2038 may be renewed during the pendency of procedures to adopt 2039 permanent rules addressing the subject of the emergency rules. 2040 (2)This section expires July 1, 2026. 2041 Section 48.The Legislature finds that the states criminal 2042 justice training centers as well as facilities of the Department 2043 of Military Affairs, such as the Camp Blanding Joint Training 2044 Center, are highly qualified and critical strategic, year-round 2045 assets for training. The Legislature has made significant 2046 investments to make the Camp Blanding Joint Training Center the 2047 premier facility in the Southeast. In order to support the 2048 anticipated training and operations involving multiple federal, 2049 state, and local agencies, and given the scale and value of this 2050 states assets, the Department of Military Affairs and local law 2051 enforcement shall work with the Office of State Immigration 2052 Enforcement within the Department of Agriculture and Consumer 2053 Services to ensure that the states federal partners can access 2054 and use the states physical assets in order to further the 2055 nations mission to address illegal immigration. Such activities 2056 include outreach to federal partners as well as entering into 2057 agreements for the use of such facilities. 2058 Section 49.Section 1 of chapter 2023-3, Laws of Florida, 2059 is amended to read: 2060 Section 1.(1)As used in this section, the term 2061 inspected unauthorized alien means an individual who has 2062 documentation from the United States Government indicating that 2063 the United States Government processed and released him or her 2064 into the United States without admitting the individual in 2065 accordance with the federal Immigration and Nationality Act, 8 2066 U.S.C. ss. 1101 et seq. The term must be interpreted 2067 consistently with any applicable federal statutes, rules, or 2068 regulations. 2069 (2)The Legislature finds that the Federal Government has 2070 failed to secure the nations borders and has allowed a surge of 2071 inspected unauthorized aliens to enter the United States. In 2072 January 2023, the Governor issued Executive Order 23-03, 2073 directing state law enforcement agencies and other state 2074 agencies to take necessary actions to protect Floridians from 2075 the impacts of the border crisis. Without such action, 2076 detrimental effects may be experienced in Florida, including 2077 increased crime, diminished economic opportunities and wages for 2078 American workers, and burdens on the education and health care 2079 systems. The Legislature finds that the Federal Government has 2080 proven itself unwilling to address this crisis. 2081 (3)To mitigate the effects of this crisis on the State of 2082 Florida, the Unauthorized Alien Transport Program is created 2083 within the Division of Law Enforcement under the Department of 2084 Agriculture and Consumer Services Emergency Management within 2085 the Executive Office of the Governor for the purpose of 2086 facilitating the transport of inspected unauthorized aliens 2087 within the United States, consistent with federal law. 2088 Notwithstanding s. 287.057, Florida Statutes, the division is 2089 authorized to contract for services to implement the program. 2090 (4)The division shall evaluate the effectiveness and value 2091 of the program in assisting coordination with the Federal 2092 Government and recommend to the Legislature by March 15, 2025, 2093 to make no changes or to continue or modify the program. 2094 (5)(4)The division may adopt rules to implement the 2095 program. 2096 (6)(5)This section expires June 30, 2025. 2097 Section 50.Notwithstanding s. 252.36, Florida Statutes, 2098 Executive Order 23-03, renewed by executive orders 23-49, 23-88, 2099 23-134, 23-213, 23-245, 24-35, 24-74, 24-118, 24-173, 24-220, 2100 and 24-269, may not be renewed. Once the state of emergency 2101 expires, or but for early termination would have expired, the 2102 Governor may not issue a subsequent state of emergency with 2103 respect to the same or substantially similar issue or 2104 circumstances. 2105 Section 51.(1)For the 2024-2025 fiscal year, the sums of 2106 $20,562,630 in recurring funds and $484,467,609 in nonrecurring 2107 funds are appropriated from the General Revenue Fund to the 2108 Department of Agriculture and Consumer Services to implement 2109 this act. 2110 (2)From the recurring general revenue funds, $898,592 2111 shall be allocated to the Executive Direction and Support 2112 Services budget entity in specific appropriations categories: 2113 $852,500 in Salaries and Benefits, $43,631 in Expenses, and 2114 $2,461 in Transfer to the Department of Management 2115 Services/Statewide Human Resources Contract, and $19,664,038 2116 shall be allocated to the Division of Law Enforcement/Office of 2117 State Immigration Enforcement in specific appropriations 2118 categories: $13,827,050 in Salaries and Benefits, $3,694,073 in 2119 Expenses, $15,000 in Operating Capital Outlay, $2 million in 2120 Contracted Services, $49,915 in Transfer to the Department of 2121 Management Services/Statewide Human Resources Contract, and 2122 $78,000 in Salary Incentive Payments. These funds shall be 2123 released immediately upon this act becoming a law. 2124 (3)From the nonrecurring general revenue funds, $38,017 2125 shall be allocated to the Executive Direction and Support 2126 Services budget entity in the expense category, and $9,429,592 2127 shall be allocated to the Division of Law Enforcement/Office of 2128 State Immigration Enforcement in specific appropriations 2129 categories: $1,515,114 in Expenses, $478,850 in Operating 2130 Capital Outlay, $6,402,468 in Acquisition of Motor Vehicles, 2131 $533,160 in Acquisition of Boats, Motors, and Trailers, and 2132 $500,000 in Contracted Services. These funds shall be released 2133 immediately upon this act becoming a law. The unexpended balance 2134 of nonrecurring general revenue funds appropriated to the 2135 Division of Law Enforcement/Office of State Immigration 2136 Enforcement remaining on June 30, 2025, shall revert and is 2137 appropriated to the Division of Law Enforcement/Office of State 2138 Immigration Enforcement for Fiscal Year 2025-2026 for the same 2139 purpose. 2140 (4)The Department of Agriculture and Consumer Services is 2141 authorized to establish 142.00 full-time equivalent positions 2142 with associated salary rate of 8,584,000 in the Division of Law 2143 Enforcement/Office of State Immigration Enforcement for the 2144 purpose of implementing this act. The following specific 2145 positions, classifications, and pay plans are authorized: one 2146 Law Enforcement Major, class code 8630, pay plan 01; one Law 2147 Enforcement Captain, class code 8630, pay plan 01; four Law 2148 Enforcement Lieutenants, class code 8522, pay plan 01; 44 Law 2149 Enforcement Officers, class code 8515, pay plan 01; four 2150 Investigation Supervisor-SES, class code 8354, pay plan 08; 46 2151 Investigation Specialist II, class code 8318, pay plan 01; two 2152 Training Consultant III, class code 6004, pay plan 01; 20 2153 Regulatory Specialist III, class code 0444, pay plan 01; one 2154 chief of general operations, class code 9328, pay plan 08; three 2155 senior attorneys, class code 7738, pay plan 08; and 16 2156 government operations consultants, class code 2238, pay plan 01. 2157 (5)The Department of Agriculture and Consumer Services is 2158 authorized to establish 7.00 full-time equivalent positions with 2159 associated salary rate of 550,000 in the Executive Direction and 2160 Support Services budget entity for the purpose of implementing 2161 this act. The following specific positions, classifications, and 2162 pay plans are authorized: two Senior Attorneys, class code 7738, 2163 pay plan 08; three Government Analyst II, class code 2225, pay 2164 plan 01; one Purchasing Analyst, class code 0830, pay plan 01; 2165 and one Human Resource Specialist, class code 0190, pay plan 01. 2166 (6)From the nonrecurring general revenue funds, $100 2167 million shall be allocated to specific appropriation special 2168 category Local Law Enforcement Immigration Grant Program in the 2169 Division of Law Enforcement/Office of State Immigration 2170 Enforcement to implement the Local Law Enforcement Immigration 2171 Grant Program. The amount of $3.75 million shall be released 2172 immediately upon this act becoming a law. The division/office 2173 shall use these funds for administrative costs associated with 2174 developing and implementing the grant program. The 2175 division/office shall develop an implementation plan, including 2176 procedures, administration, and criteria for approving grant 2177 applications. The implementation plan shall be submitted to the 2178 President of the Senate and the Speaker of the House of 2179 Representatives no later than March 1, 2025. Upon approval of 2180 the implementation plan by the President of the Senate and the 2181 Speaker of the House of Representatives, the Chief Financial 2182 Officer shall immediately release the balance of funds to the 2183 division/office. 2184 (7)From the nonrecurring general revenue funds, $25 2185 million shall be allocated to specific appropriation special 2186 category Local Law Enforcement Federal Participation Incentive 2187 Program in the Division of Law Enforcement/Office of State 2188 Immigration Enforcement to implement the Local Law Enforcement 2189 Federal Participation Incentive Program. The funds shall be 2190 released to the division/office immediately upon this act 2191 becoming a law. 2192 (8)From the nonrecurring general revenue funds, $350 2193 million shall be allocated to specific appropriation special 2194 category Implementation and Support for Enforcement of Federal 2195 Immigration Policies in the Division of Law Enforcement/Office 2196 of State Immigration Enforcement to implement specific 2197 recommendations from the division/office for use of the funds, 2198 which may include funds to support federal access to training 2199 facilities in this state; grants to local law enforcement to 2200 retain existing law enforcement officers or attract new 2201 officers; and grants to pay costs incurred by local law 2202 enforcement that were necessary for the full support and 2203 coordination with the Federal Government in the implementation 2204 and enforcement of federal immigration policies, including 2205 training activities related to the federal program established 2206 under s. 287(g) of the Immigration and Nationality Act, 8 U.S.C. 2207 s. 1357. The division/office shall develop a report of the 2208 recommendations including allocations of applicable costs and 2209 implementation plans. The report shall be submitted to the 2210 President of the Senate and the Speaker of the House of 2211 Representatives by March 15, 2025. Upon approval of the report 2212 by concurrent resolution of the Legislature, the Chief Financial 2213 Officer shall immediately release funds to the division/office 2214 consistent with the recommendations approved from the report. 2215 Section 52.The unexpended balance of funds provided in 2216 section 229, chapter 2024-231, Laws of Florida, to the Executive 2217 Office of the Governor, Division of Emergency Management shall 2218 immediately revert. For the 2024-2025 fiscal year, the 2219 nonrecurring sum of $10 million from the General Revenue Fund is 2220 appropriated to the Division of Law Enforcement within the 2221 Department of Agriculture and Consumer Services for the 2222 Unauthorized Alien Transport Program as amended by this act. The 2223 funds shall be released to the division immediately upon this 2224 act becoming a law. 2225 Section 53.Except as otherwise provided in this act, this 2226 act shall take effect upon becoming a law.