Florida 2025 3rd Special Session

Florida House Bill H0003 Compare Versions

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

Old	New	Differences
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3	3	HB 3C 2025C
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb3c-00
9	9	Page 1 of 9
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to immigration; providing a directive 2
16	16	to the Division of Law Revision; creating s. 811.101, 3
17	17	F.S.; defining the terms "removal" and "unauthorized 4
18	18	alien"; creating s. 811.102, F.S.; providing criminal 5
19	19	penalties for adult unauthorized aliens w ho knowingly 6
20	20	enter or attempt to enter this state after entering 7
21	21	the United States by eluding or avoiding examination 8
22	22	or inspection by immigration officers; providing a 9
23	23	mandatory minimum term of imprisonment; providing 10
24	24	enhanced criminal penalties for secon d or subsequent 11
25	25	convictions; providing mandatory minimum terms of 12
26	26	imprisonment; prohibiting the arrest of unauthorized 13
27	27	aliens under specified circumstances; providing 14
28	28	affirmative defenses; requiring a court to presume 15
29	29	that no conditions of release can reas onably assure 16
30	30	the presence of an unauthorized alien arrested for 17
31	31	certain violations at trial and to order the detention 18
32	32	of such an unauthorized alien arrested for such a 19
33	33	violation pending disposition of the case; specifying 20
34	34	that such aliens are not eligibl e for any civil 21
35	35	citation or other prearrest or postarrest diversion 22
36	36	program; requiring the arresting law enforcement 23
37	37	agency to notify certain entities of the unauthorized 24
38	38	alien's arrest; creating s. 811.103, F.S.; providing 25
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40	40	HB 3C 2025C
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb3c-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	criminal penalties for an adult unauthorized alien 26
52	52	who, after having been denied admission, excluded, 27
53	53	deported, or removed or having departed the United 28
54	54	States during the time an order of exclusion, 29
55	55	deportation, or removal is outstanding, thereafter 30
56	56	enters, attempts to enter, or is at an y time found in 31
57	57	this state; providing exceptions; providing a 32
58	58	mandatory minimum term of imprisonment; providing 33
59	59	enhanced criminal penalties for an unauthorized alien 34
60	60	whose arrest for such violations was after convictions 35
61	61	for the commission of specified off enses; requiring a 36
62	62	court to presume that no conditions of release can 37
63	63	reasonably assure the presence of an unauthorized 38
64	64	alien arrested for certain violations at trial and to 39
65	65	order the detention of such an unauthorized alien 40
66	66	arrested for such a violation pe nding disposition of 41
67	67	the case; specifying that such aliens are not eligible 42
68	68	for any civil citation or other prearrest or 43
69	69	postarrest diversion program; requiring the arresting 44
70	70	law enforcement agency to notify certain entities of 45
71	71	the unauthorized alien's arr est; creating s. 921.1426, 46
72	72	F.S.; requiring a court to sentence a defendant who is 47
73	73	an unauthorized alien and who is convicted or 48
74	74	adjudicated guilty of a capital felony to a sentence 49
75	75	of death; defining the term "unauthorized alien"; 50
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77	77	HB 3C 2025C
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80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb3c-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
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88	88	providing an effective da te. 51
89	89	52
90	90	Be It Enacted by the Legislature of the State of Florida: 53
91	91	54
92	92	Section 1. The Division of Law Revision is directed to 55
93	93	create chapter 811, Florida Statutes, to be entitled 56
94	94	"UNAUTHORIZED ALIENS, NATIONALITY, AND IMMIGRATION," consisting 57
95	95	of ss. 811.101, 811.102, and 811.103, Florida Statutes. 58
96	96	Section 2. Section 811.101, Florida Statutes, is created 59
97	97	to read: 60
98	98	811.101 Definitions. —As used in this chapter, the term: 61
99	99	(1) "Removal" means the departure from the United States 62
100	100	of an unauthorized alien after any proceeding under 8 U.S.C. ss. 63
101	101	1225, 1228, 1229, or 1229a or any agreement in which an 64
102	102	unauthorized alien stipulates to his or her departure from the 65
103	103	United States as part of a criminal proceeding under federal or 66
104	104	state law. 67
105	105	(2) "Unauthorized al ien" has the same meaning as in s. 68
106	106	908.111. 69
107	107	Section 3. Section 811.102, Florida Statutes, is created 70
108	108	to read: 71
109	109	811.102 Illegal entry by adult unauthorized alien into 72
110	110	this state.— 73
111	111	(1) Except as provided in subsection (2), an unauthorized 74
112	112	alien who is 18 years of age or older and who knowingly enters 75
113	113
114	114	HB 3C 2025C
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118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb3c-00
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
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125	125	or attempts to enter this state after entering the United States 76
126	126	by eluding or avoiding examination or inspection by immigration 77
127	127	officers commits a misdemeanor of the first degree, punishable 78
128	128	as provided in s. 775.082 or s. 775.083. A person convicted of a 79
129	129	violation of this subsection must be sentenced to a mandatory 80
130	130	minimum term of imprisonment of 9 months. 81
131	131	(2)(a) An unauthorized alien who has one prior conviction 82
132	132	for a violation of this section and who commits a second 83
133	133	violation of subsection (1) commits a felony of the third 84
134	134	degree, punishable as provided in s. 775.082, s. 775.083, or s. 85
135	135	775.084. A person convicted of a violation of this paragraph 86
136	136	must be sentenced to a mandatory minimum term of impriso nment of 87
137	137	1 year and 1 day. 88
138	138	(b) An unauthorized alien who has two or more prior 89
139	139	convictions for a violation of this section and who commits a 90
140	140	subsequent violation of subsection (1) commits a felony of the 91
141	141	third degree, punishable as provided in s. 775.082 , s. 775.083, 92
142	142	or s. 775.084. A person convicted for a violation of this 93
143	143	paragraph must be sentenced to a mandatory minimum term of 94
144	144	imprisonment of 2 years. 95
145	145	(3) An unauthorized alien may not be arrested for a 96
146	146	violation of this section if the unauthorized alien was 97
147	147	encountered by law enforcement during the investigation of 98
148	148	another crime that occurred in this state and the unauthorized 99
149	149	alien witnessed or reported such crime or was a victim of such 100
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151	151	HB 3C 2025C
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb3c-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	crime. 101
163	163	(4) It is an affirmative defense to prosecution unde r this 102
164	164	section if: 103
165	165	(a) The Federal Government has granted the unauthorized 104
166	166	alien lawful presence in the United States or discretionary 105
167	167	relief that authorizes the unauthorized alien to remain in the 106
168	168	United States temporarily or permanently; 107
169	169	(b) The unauthorized alien is subject to relief under the 108
170	170	Cuban Adjustment Act of 1966; or 109
171	171	(c) The unauthorized alien's entry into the United States 110
172	172	did not constitute a violation of 8 U.S.C. s. 1325(a). 111
173	173	(5) Notwithstanding any other law, and unless release is 112
174	174	otherwise required by the State Constitution or the United 113
175	175	States Constitution, the court shall presume that no conditions 114
176	176	of release can reasonably assure the presence of an unauthorized 115
177	177	alien arrested for a violation of this section at his or her 116
178	178	trial and must order the unauthorized alien to be detained 117
179	179	pending the disposition of the case. 118
180	180	(6) An unauthorized alien who commits a violation of this 119
181	181	section is not eligible for a civil citation, prearrest or 120
182	182	postarrest diversion program, or other similar program, 121
183	183	including, but not limited to, any program described in s. 122
184	184	901.41 or s. 921.00241. 123
185	185	(7) Upon making an arrest for a violation of this section, 124
186	186	the arresting law enforcement agency shall: 125
187	187
188	188	HB 3C 2025C
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191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb3c-00
194	194	Page 6 of 9
195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	(a) Notify Immigration and Customs Enforcement of the 126
200	200	United States Department of Homeland Security of the 127
201	201	unauthorized alien's arrest and provide any known information 128
202	202	relating to the unauthorized alien; and 129
203	203	(b) Notify the Department of Law Enforcement of the 130
204	204	unauthorized alien's arrest and provide informatio n relating to 131
205	205	the unauthorized alien, which must include his or her 132
206	206	fingerprints, photograph, and any other biometric information 133
207	207	necessary to identify the unauthorized alien. 134
208	208	Section 4. Section 811.103, Florida Statutes, is created 135
209	209	to read: 136
210	210	811.103 Illegal reentry of an adult unauthorized alien. — 137
211	211	(1) An unauthorized alien who is 18 years of age or older 138
212	212	commits a felony of the third degree, punishable as provided in 139
213	213	s. 775.082, s. 775.083, or s. 775.084, if he or she, after 140
214	214	having been denied admis sion, excluded, deported, or removed or 141
215	215	having departed the United States during the time an order of 142
216	216	exclusion, deportation, or removal is outstanding, thereafter 143
217	217	enters, attempts to enter, or is at any time found in this 144
218	218	state. An unauthorized alien does not commit a violation of this 145
219	219	subsection if, before the unauthorized alien's reembarkation at 146
220	220	a place outside the United States or his or her application for 147
221	221	admission from a foreign contiguous territory: 148
222	222	(a) The Attorney General of the United States e xpressly 149
223	223	consented to his or her reapplication for admission; or 150
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225	225	HB 3C 2025C
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229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb3c-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	(b) With respect to an unauthorized alien who was 151
237	237	previously denied admission and removed, the unauthorized alien 152
238	238	establishes that he or she was not required to obtain such 153
239	239	advance consent under the Immigration and Nationality Act, as 154
240	240	amended. 155
241	241	(2) Except as provided in subsection (3), an unauthorized 156
242	242	alien who violates subsection (1) must be sentenced to a 157
243	243	mandatory minimum term of imprisonment of 1 year and 1 day. 158
244	244	(3)(a) An unauthorized alien who has three or more prior 159
245	245	convictions for a misdemeanor or a felony, other than a forcible 160
246	246	felony as defined in s. 776.08 or an aggravated felony as 161
247	247	defined in 8 U.S.C. s. 1101, and who commits a violation of 162
248	248	subsection (1) commits a felony of the third degree, punishable 163
249	249	as provided in s. 775.082, s. 775.083, or s. 775.084. A person 164
250	250	convicted of violating this paragraph must be sentenced to a 165
251	251	mandatory minimum term of imprisonment of 2 years. 166
252	252	(b) An unauthorized alien who has a prior conviction for a 167
253	253	forcible felony as defined in s. 776.08 or an aggravated felony 168
254	254	as defined in 8 U.S.C s. 1101 and who commits a violation of 169
255	255	subsection (1) commits a felony of the second degree, punishable 170
256	256	as provided in s. 775.082, s. 775.083, or s. 775.084. A pers on 171
257	257	convicted of a violation of this paragraph must be sentenced to 172
258	258	a mandatory minimum term of imprisonment of 5 years. 173
259	259	(4) Notwithstanding any other law, and unless release is 174
260	260	otherwise required by the State Constitution or the United 175
261	261
262	262	HB 3C 2025C
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264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb3c-00
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	States Constitution, the court shall presume that no conditions 176
274	274	of release can reasonably assure the presence of an unauthorized 177
275	275	alien arrested for a violation of this section at his or her 178
276	276	trial and must order the unauthorized alien to be detained 179
277	277	pending the disposition o f the case. 180
278	278	(5) An unauthorized alien who commits a violation of this 181
279	279	section is not eligible for a civil citation, prearrest or 182
280	280	postarrest diversion program, or other similar program, 183
281	281	including, but not limited to, any program described in s. 184
282	282	901.41 or s. 921.00241. 185
283	283	(6) Upon making an arrest for a violation of this section, 186
284	284	the arresting law enforcement agency shall: 187
285	285	(a) Notify Immigration and Customs Enforcement of the 188
286	286	United States Department of Homeland Security of the 189
287	287	unauthorized alien's arrest and provide any known information 190
288	288	relating to the unauthorized alien; and 191
289	289	(b) Notify the Department of Law Enforcement of the 192
290	290	unauthorized alien's arrest and provide information relating to 193
291	291	the unauthorized alien, which must include his or her 194
292	292	fingerprints, photograph, and any other biometric information 195
293	293	necessary to identify the unauthorized alien. 196
294	294	Section 5. Section 921.1426, Florida Statutes, is created 197
295	295	to read: 198
296	296	921.1426 Sentence of death for capital offense committed 199
297	297	by unauthorized alien. —Notwithstanding any provision of law to 200
298	298
299	299	HB 3C 2025C
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301	301
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303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb3c-00
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
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310	310	the contrary, the court shall sentence a defendant who is an 201
311	311	unauthorized alien and who is convicted or adjudicated guilty of 202
312	312	a capital felony to a sentence of death. As used in this 203
313	313	section, the term "unauthorized alien" has the same meaning as 204
314	314	in s. 908.111. 205
315	315	Section 6. This act shall take effect upon becoming a law. 206