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