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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 and state -issued 2
identification; providing a short title and purpose of 3
the act; amending s. 20.60, F.S.; establishing the 4
Office for New Americans in the Department of 5
Commerce; providing responsibilities of the Office for 6
New Americans; amending s. 322.08, F.S.; requiring 7
proof of a specified identification number for certain 8
applicants for a driver license; deleting a provision 9
authorizing the Department of Highway Safety and Motor 10
Vehicles to require applicants to produce certain 11
documents from the United States Department of 12
Homeland Security for certain purposes; authorizing 13
additional specified documents issued by foreign 14
governments to satisfy proof -of-identity requirements; 15
providing that a driver license or temporary permit 16
issued based on specified documents is valid for a 17
specified period; deleting a provision authorizing 18
applications to include fingerprints and other unique 19
biometric means of identity; amending s. 322.12, F.S.; 20
prohibiting the Department of Highway Safety and Motor 21
Vehicles from waiving certain tests for applicants who 22
provide proof of identity using specified foreign 23
documents; amending s. 322.142, F.S.; providing a 24
short title; defining the term "agency that primarily 25
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enforces immigration law"; pro hibiting the Department 26
of Highway Safety and Motor Vehicles from disclosing 27
or making accessible certain photographs and related 28
information to any agency that primarily enforces 29
immigration law or to any employee or agent of such 30
agency; providing except ions; requiring that the 31
department notify a person about whom certain 32
information was requested; requiring that the 33
department require a person or entity to certify 34
specified information before such person or entity 35
receives or has access to certain infor mation; 36
requiring such person or entity to keep certain 37
records for a specified period; requiring that such 38
records be maintained in a manner and form prescribed 39
by department rule and be available for inspection by 40
the department; amending ss. 322.17, 322 .18, and 41
322.19, F.S.; requiring a licensee to obtain a 42
duplicate or replacement instruction permit or driver 43
license, renew a driver license, or change his or her 44
name or address, respectively, in person and upon 45
submission of specified identification doc uments under 46
certain circumstances; repealing s. 395.3027, F.S., 47
relating to patient immigration status data 48
collection; amending s. 402.308, F.S.; prohibiting 49
certain entities from denying a license to a child 50
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care facility based on immigration status; am ending s. 51
448.095, F.S.; removing requirement for certain 52
private employers to use the E -Verify System; removing 53
prohibition on employers from continuing to employ 54
certain persons; authorizing employers, state 55
contractors, and subcontractors to use the Emp loyment 56
Eligibility Verification form to verify work 57
authorization status; removing provisions requiring 58
subcontractors to provide a certain affidavit, 59
terminating certain contracts, and providing a cause 60
of action; amending s. 454.021, F.S.; removing 61
provisions relating to a person's immigration status 62
when admitting persons to practice law in this state; 63
amending ss. 760.01, 760.05, 760.07, 760.08, 760.10, 64
760.23, 760.24, 760.25, 760.26, 760.29, and 760.60, 65
F.S.; providing that discrimination based on a 66
person's immigration status is unlawful; creating s. 67
760.45, F.S.; prohibiting a person or entity from 68
discriminating against an individual because the 69
individual holds or presents a driver license that 70
does not comply with the REAL ID Act of 2005; 71
prohibiting an employer from requiring an employee to 72
present a driver license; providing exceptions; 73
providing construction; prohibiting the state or a 74
local government, an agent acting on behalf of the 75
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state or a local government, or a program or activity 76
that receives financial assistance from the state from 77
discriminating against an individual because the 78
individual holds or presents a driver license that 79
does not comply with the REAL ID Act of 2005; amending 80
s. 775.0848, F.S.; revising the reclassification of 81
certain penalties for offenses committed by persons 82
who have been previously convicted of a crime relating 83
to the reentry of removed aliens; repealing s. 787.07, 84
F.S., relating to human smuggling; repealing ss. 85
908.103, 908.105, and 908.106, F.S., relating to the 86
prohibition of sanctuary policies, duties relating to 87
immigration detainees, and the reimbursement of costs, 88
respectively; amending ss. 908.102 and 908.107, F.S.; 89
conforming provisions to changes made by the act; 90
amending s. 908.104, F.S.; requirin g certain law 91
enforcement agencies to facilitate a certain screening 92
by a public defender of a person subject to a federal 93
immigration detainer who is in the agency's custody; 94
requiring such screening to be in the preferred 95
language of the detainee; author izing law enforcement 96
agencies to decline to comply with a federal 97
immigration detainer under certain circumstances; 98
removing provisions relating to cooperation with 99
federal immigration authorities; creating s. 908.1041, 100
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F.S.; providing definitions; prohib iting local law 101
enforcement agencies and officers, sheriff's deputies, 102
and federal immigration agencies from engaging in or 103
cooperating with immigration enforcement activities or 104
engaging in or cooperating with immigration 105
enforcement activities pursuant t o the Unauthorized 106
Alien Transport Program within a specified distance of 107
public or private schools, child care facilities, or 108
religious institutions; providing an exception; 109
requiring law enforcement agencies to submit to the 110
Department of Law Enforcement a report within a 111
specified timeframe; providing requirements for the 112
report; amending s. 908.11, F.S.; prohibiting law 113
enforcement agencies from entering into or renewing an 114
immigration enforcement assistance agreement beginning 115
on a date certain; requir ing certain agencies to 116
update the Department of Law Enforcement on the status 117
of active or pending agreements starting on a date 118
certain; requiring the department to establish certain 119
training on immigration enforcement; repealing s. 120
921.1426, F.S., relat ing to sentence of death for 121
capital offense committed by unauthorized alien; 122
amending s. 943.325, F.S.; authorizing, rather than 123
requiring, certain qualifying offenders to submit a 124
DNA sample to a law enforcement agency; prohibiting 125
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law enforcement agenci es from forcibly extracting DNA 126
samples from certain persons; amending s. 1002.31, 127
F.S.; requiring district school boards to provide 128
preferential treatment relating to open enrollment to 129
specified children, regardless of their immigration 130
status; amending s. 1003.21, F.S.; requiring specified 131
children, regardless of their immigration status, to 132
be admitted to their parent's or guardian's school of 133
choice; amending s. 1009.26, F.S.; requiring specified 134
entities to waive out -of-state fees for postsecondary 135
and graduate students if certain conditions are met; 136
revising the conditions under which such entities must 137
waive out-of-state fees; providing that a student who 138
receives a fee waiver is still eligible for state 139
financial aid; amending s. 1009.40, F.S.; proh ibiting 140
the denial of resident status for purposes of 141
financial aid to certain students based solely on 142
their immigration status; amending ss. 435.04, 143
456.074, 480.041, 480.043, 775.30, 794.056, 921.0022, 144
and 938.085, F.S.; conforming provisions to changes 145
made by the act; providing an effective date. 146
147
Be It Enacted by the Legislature of the State of Florida: 148
149
Section 1. (1) This act may be cited as the "Florida 150
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Economic Prosperity and Immigration Act." 151
(2) The purpose of this act is to show that although the 152
administration of immigration is incredibly complex and 153
immigration regulation is the role of the Federal Government, 154
this state should do its part, when possible, by welcoming, 155
valuing, and upholding the dignity of all immigrants who call 156
the Sunshine State home. 157
Section 2. Paragraph (a) of subsection (3) of section 158
20.60, Florida Statutes, is amended to read: 159
20.60 Department of Commerce; creation; powers and 160
duties.— 161
(3)(a) The following divisions and offices of the 162
Department of Commerce are established: 163
1. The Division of Economic Development. 164
2. The Division of Community Development. 165
3. The Division of Workforce Services. 166
4. The Division of Finance and Administration. 167
5. The Division of Information Technology. 168
6. The Office of the Secretary. 169
7. The Office of Economic Accountability and Transparency, 170
which shall: 171
a. Oversee the department's critical objectives as 172
determined by the secretary and make sure that the department's 173
key objectives are clearly communicated t o the public. 174
b. Organize department resources, expertise, data, and 175
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research to focus on and solve the complex economic challenges 176
facing the state. 177
c. Provide leadership for the department's priority issues 178
that require integration of policy, management, and critical 179
objectives from multiple programs and organizations internal and 180
external to the department; and organize and manage external 181
communication on such priority issues. 182
d. Promote and facilitate key department initiatives to 183
address priority economic issues and explore data and identify 184
opportunities for innovative approaches to address such economic 185
issues. 186
e. Promote strategic planning for the department. 187
8. The Office for New Americans, which shall: 188
a. Create and implement a statewide strategy and program 189
to foster and promote immigrant and refugee inclusion in this 190
state in order to improve economic mobility, enhance civic 191
participation, and improve receiving communities' openness to 192
immigrants and refugees. 193
b. Address this state's workforce needs by connecting 194
employers and job seekers within the immigrant and refugee 195
community. 196
c. Serve as an information clearinghouse for state 197
agencies on immigration -related policy issues and coordinate 198
among agencies as appropriate to make policy recommendations. 199
d. Act as a point of contact for state licensing boards 200
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and other agencies dealing with professional regulations. 201
e. Identify and support implementation of programs and 202
strategies, including the creation of alternative empl oyment 203
pathways, to reduce employment barriers for immigrants and 204
refugees. 205
f. Work with state agencies and community and foundation 206
partners to undertake studies and to research and analyze 207
economic and demographic trends to better understand and serve 208
this state's immigrant and refugee communities. 209
g. Coordinate and establish best practices for language 210
access initiatives for all state agencies. 211
Section 3. Subsection (2) of section 322.08, Florida 212
Statutes, is amended to read: 213
322.08 Application for license; requirements for license 214
and identification card forms. — 215
(2) Each such application shall include the following 216
information regarding the applicant: 217
(a) Full name (first, middle or maiden, and last), gender, 218
proof of social security card n umber satisfactory to the 219
department, which may include a military identification card, 220
county of residence, mailing address, proof of residential 221
address satisfactory to the department, country of birth, and a 222
brief description. An applicant who cannot pr ovide a social 223
security card must provide proof of a number associated with a 224
document establishing identity, as specified in paragraph (c). 225
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(b) Proof of birth date satisfactory to the department. 226
(c) Proof of identity satisfactory to the department. S uch 227
proof must include one of the following documents issued to the 228
applicant: 229
1. A driver license record or identification card record 230
from another jurisdiction which complies with the REAL ID Act of 231
2005, Pub. L. No. 109 -13, and which required the applicant to 232
submit a document for identification which is substantially 233
similar to a document required under subparagraph 2., 234
subparagraph 3., subparagraph 4., subparagraph 5., subparagraph 235
6., subparagraph 7., or subparagraph 8. ; 236
2. A certified copy of a U nited States birth certificate .; 237
3. A valid, unexpired United States passport or passport 238
card.; 239
4. A naturalization certificate issued by the United 240
States Department of Homeland Security .; 241
5. A valid, unexpired alien registration receipt card 242
(green card).; 243
6. A Consular Report of Birth Abroad provided by the 244
United States Department of State .; 245
7. An unexpired employment authorization card issued by 246
the United States Department of Homeland Security .; or 247
8. Proof of any of the following do cuments nonimmigrant 248
classification provided by the United States Department of 249
Homeland Security, for an original driver license . In order to 250
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prove nonimmigrant classification, an applicant must provide at 251
least one of the following documents. In addition , the 252
department may require applicants to produce United States 253
Department of Homeland Security documents for the sole purpose 254
of establishing the maintenance of, or efforts to maintain, 255
continuous lawful presence : 256
a. A notice of hearing from an immigra tion court 257
scheduling a hearing on any proceeding. 258
b. A notice from the Board of Immigration Appeals 259
acknowledging pendency of an appeal. 260
c. A notice of the approval of an application for 261
adjustment of status issued by the United States Citizenship and 262
Immigration Services. 263
d. An official documentation confirming the filing of a 264
petition for asylum or refugee status or any other relief issued 265
by the United States Citizenship and Immigration Services. 266
e. A notice of action transferring any pending ma tter from 267
another jurisdiction to this state issued by the United States 268
Citizenship and Immigration Services. 269
f. An order of an immigration judge or immigration officer 270
granting relief which that authorizes the alien to live and work 271
in the United States, including, but not limited to, asylum. 272
g. Evidence that an application is pending for adjustment 273
of status to that of an alien lawfully admitted for permanent 274
residence in the United States or conditional permanent resident 275
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status in the United States , if a visa number is available 276
having a current priority date for processing by the United 277
States Citizenship and Immigration Services. 278
h. An unexpired passport issued by the government of 279
another country with: 280
(I) A stamp or mark affixed by the Feder al Government onto 281
the passport to evidence and authorize lawful presence in the 282
United States; or 283
(II) An unexpired I -94, or current permanent resident 284
card, or unexpired immigrant visa, issued by the Federal 285
Government. 286
9. A passport issued by a fore ign government. 287
10. A birth certificate issued by a foreign government. 288
11. A consular identification document. 289
12. A national identification card issued by a foreign 290
government. 291
13. A driver license issued by a foreign government. If 292
the foreign driver license is in a language other than English, 293
the driver license must be accompanied by a certified 294
translation or an affidavit of translation into English. 295
14. A school document, including any document issued by a 296
public or private primary or secon dary school or a postsecondary 297
institution, college, or university, which either includes the 298
applicant's date of birth or, if a foreign school document, is 299
sealed by the school and includes a photograph of the applicant 300
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at the age the record was issued. 301
15. A court document issued by or filed with a state 302
government in which the applicant is named as a party to a court 303
proceeding. 304
16. An income tax return. 305
17. A marriage license on which the applicant is named as 306
a party. If the language on the marriage license is a language 307
other than English, the marriage license must be accompanied by 308
a certified translation or an affidavit of translation into 309
English. 310
18. A judgment for the dissolution of a marriage on which 311
the applicant is named as a part y. If the language on the 312
judgment is a language other than English, the judgment must be 313
accompanied by a certified translation or an affidavit of 314
translation into English. 315
316
A driver license or temporary permit issued based on documents 317
required in subparagraph 7., or subparagraph 8., subparagraph 318
9., subparagraph 10., subparagraph 11., subparagraph 12., or 319
subparagraph 13. is valid for a period not to exceed the 320
expiration date of the document presented or 8 years, whichever 321
date first occurs. A driver li cense or temporary permit issued 322
based on documents required in subparagraph 14., subparagraph 323
15., subparagraph 16., subparagraph 17., or subparagraph 18. is 324
valid for 8 years 1 year. 325
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(d) Whether the applicant has previously been licensed to 326
drive, and, if so, when and by what state, and whether any such 327
license or driving privilege has ever been disqualified, 328
revoked, or suspended, or whether an application has ever been 329
refused, and, if so, the date of and reason for such 330
disqualification, suspension, revocation, or refusal. 331
(e) Each such application may include fingerprints and 332
other unique biometric means of identity. 333
Section 4. Subsection (1) of section 322.12, Florida 334
Statutes, is amended to read: 335
322.12 Examination of applicants. — 336
(1) It is the intent of the Legislature that every 337
applicant for an original driver license in this state be 338
required to pass an examination pursuant to this section. 339
However, the department may waive the knowledge, endorsement, 340
and skills tests for an applicant who is otherwise qualified , 341
except for an applicant who provides proof of identity under s. 342
322.08(2)(c)9., 10., 11., 12., 13., 14., 15., 16., 17., or 18., 343
and who surrenders a valid driver license from another state or 344
a province of Canada, or a valid dr iver license issued by the 345
United States Armed Forces, if the driver applies for a Florida 346
license of an equal or lesser classification. An applicant who 347
fails to pass the initial knowledge test incurs a $10 fee for 348
each subsequent test, to be deposited in to the Highway Safety 349
Operating Trust Fund, except that if a subsequent test is 350
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administered by the tax collector, the tax collector shall 351
retain such $10 fee, less the general revenue service charge set 352
forth in s. 215.20(1). An applicant who fails to pas s the 353
initial skills test incurs a $20 fee for each subsequent test, 354
to be deposited into the Highway Safety Operating Trust Fund, 355
except that if a subsequent test is administered by the tax 356
collector, the tax collector shall retain such $20 fee, less the 357
general revenue service charge set forth in s. 215.20(1). A 358
person who seeks to retain a hazardous -materials endorsement, 359
pursuant to s. 322.57(1)(e), must pass the hazardous -materials 360
test, upon surrendering his or her commercial driver license, if 361
the person has not taken and passed the hazardous -materials test 362
within 2 years before applying for a commercial driver license 363
in this state. 364
Section 5. Section 322.142, Florida Statutes, is amended 365
to read: 366
322.142 Color photographic or digital imaged licenses; 367
protection of personal information .— 368
(1) The department shall, upon receipt of the required 369
fee, issue to each qualified applicant for a driver license a 370
color photographic or digital imaged driver license bearing a 371
fullface photograph or digit al image of the licensee. 372
Notwithstanding chapter 761 or s. 761.05, the requirement for a 373
fullface photograph or digital image of the licensee may not be 374
waived. A space shall be provided upon which the licensee shall 375
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affix his or her usual signature, as r equired in s. 322.14, in 376
the presence of an authorized agent of the department so as to 377
ensure that such signature becomes a part of the license. 378
(2) The department shall, upon receipt of the required 379
fee, issue to each qualified licensee applying for a renewal 380
license in accordance with s. 322.18 a color photographic or 381
digital imaged license as provided for in subsection (1). 382
(3) The department may conduct negotiations and enter into 383
contracts with qualified firms possessing the requisite 384
qualifications for the development and production of 385
photographic or digital imaged identification documents to 386
assure efficient and economical processing of such licenses in 387
sufficient quantity and of acceptable quality to meet the 388
requirements and intent of this sec tion, and to ensure adequate 389
service at a sufficient number of locations, at the lowest 390
competitive sealed bid price. 391
(4) The department may maintain a film negative or print 392
file. The department shall maintain a record of the digital 393
images and signatures image and signature of the licensees, 394
together with other data required by the department for 395
identification and retrieval. Reproductions from the file or 396
digital record are exempt from the provisions of s. 119.07(1) 397
and may be made and issued only for any of the following 398
purposes: 399
(a) For departmental administrative purposes .; 400
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(b) For the issuance of duplicate licenses .; 401
(c) In response to law enforcement agency requests , except 402
as provided in subsection (5). ; 403
(d) To the Department of Business and Professional 404
Regulation and the Department of Health pursuant to an 405
interagency agreement for the purpose of accessing digital 406
images for reproduction of licenses issued by the Department of 407
Business and Professional Regulation or the Department of 408
Health.; 409
(e) To the Department of State or a supervisor of 410
elections pursuant to an interagency agreement to facilitate 411
determinations of eligibility of voter registration applicants 412
and registered voters in accordance with ss. 98.045 and 98.075 .; 413
(f) To the Department of Revenue pursuant to an 414
interagency agreement for use in establishing paternity and 415
establishing, modifying, or enforcing support obligations in 416
Title IV-D cases.; 417
(g) To the Department of Children and Families pursuant to 418
an interagency agreement to conduct protective investigations 419
under part III of chapter 39 and chapter 415 .; 420
(h) To the Department of Children and Families pursuant to 421
an interagency agreement specifying the number of employees in 422
each of that department's regions to be granted access to the 423
records for use as verification of identity to expedite the 424
determination of eligibility for public assistance and for use 425
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in public assistance fraud investigations .; 426
(i) To the Agency for Health Care Administration pursuant 427
to an interagency agreement for the purpose of authorized 428
agencies verifying photographs in the Care Provider Background 429
Screening Clearinghouse authorized under s. 435.12 .; 430
(j) To the Department of Financial Services pursuant to an 431
interagency agreement to facilitate the location of owners of 432
unclaimed property, the validation of unclaimed property claims, 433
the identification of fraudulent or false claims, and the 434
investigation of allegations of violations of the insurance code 435
by licensees and unlicensed per sons.; 436
(k) To the Department of Commerce pursuant to an 437
interagency agreement to facilitate the validation of 438
reemployment assistance claims and the identification of 439
fraudulent or false reemployment assistance claims .; 440
(l) To district medical examiner s pursuant to an 441
interagency agreement for the purpose of identifying a deceased 442
individual, determining cause of death, and notifying next of 443
kin of any investigations, including autopsies and other 444
laboratory examinations, authorized in s. 406.11 .; 445
(m) To the following persons for the purpose of 446
identifying a person as part of the official work of a court: 447
1. A justice or judge of this state; 448
2. An employee of the state courts system who works in a 449
position that is designated in writing for access b y the Chief 450
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Justice of the Supreme Court or a chief judge of a district or 451
circuit court, or by his or her designee; or 452
3. A government employee who performs functions on behalf 453
of the state courts system in a position that is designated in 454
writing for access by the Chief Justice or a chief judge, or by 455
his or her designee.; or 456
(n) To the Agency for Health Care Administration pursuant 457
to an interagency agreement to prevent health care fraud. If the 458
Agency for Health Care Administration enters into an ag reement 459
with a private entity to carry out duties relating to health 460
care fraud prevention, such contracts shall include, but need 461
not be limited to: 462
1. Provisions requiring internal controls and audit 463
processes to identify access, use, and unauthorized access of 464
information. 465
2. A requirement to report unauthorized access or use to 466
the Agency for Health Care Administration within 1 business day 467
after the discovery of the unauthorized access or use. 468
3. Provisions for liquidated damages for unauthorized 469
access or use of no less than $5,000 per occurrence. 470
(5)(a) This subsection shall be known and may be cited as 471
the "Driver License Privacy Act." 472
(b) For purposes of this subsection, the term "agency that 473
primarily enforces immigration law" includes, b ut is not limited 474
to, United States Immigration and Customs Enforcement, United 475
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States Customs and Border Protection, or any successor agencies 476
that have similar duties. 477
(c) Except as required for the department to issue or 478
renew a driver license or learner's driver license that meets 479
federal standards for identification, the department may not 480
disclose or make accessible, in any manner, to any agency that 481
primarily enforces immigration law or to any employee or agent 482
of such agency, photographs and r elated information pertaining 483
to persons whose image or personal identifying information is 484
possessed by the department, unless the department is presented 485
with a lawful court order or judicial warrant signed by a judge 486
appointed under Article III of the U nited States Constitution. 487
Within 3 days after receiving a request for information under 488
this subsection from such an agency, the department must notify 489
the person about whom such information was requested of the 490
request and the identity of the agency that made such request. 491
(d) Before any person or entity receives or has access to 492
information from the department under this subsection, the 493
department must require such person or entity to certify to the 494
department that the person or entity will not: 495
1. Use such information for civil immigration purposes; or 496
2. Disclose such information to any agency that primarily 497
enforces immigration law or to any employee or agent of any such 498
agency unless such disclosure is pursuant to a cooperative 499
arrangement between municipal, state, and federal agencies, if 500
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the arrangement does not enforce immigration law and if the 501
disclosure is limited to the specific information being sought 502
pursuant to the arrangement. 503
(e) In addition to any records required to be kept 504
pursuant to 18 U.S.C. s. 2721(c), any person or entity that 505
receives or has access to information from the department under 506
this subsection must keep both of the following for a period of 507
5 years records: 508
1. Of all the uses of such department information. 509
2. That identify each person or entity that primarily 510
enforces immigration law which receives such department 511
information from the person or entity. 512
(f) The records identified in paragraph (e) must be 513
maintained in a manner and form prescribed by departme nt rule 514
and must be available for inspection by the department. 515
Section 6. Subsection (3) of section 322.17, Florida 516
Statutes, is amended to read: 517
322.17 Replacement licenses and permits. — 518
(3) Notwithstanding any other provision provisions of this 519
chapter, if a licensee establishes his or her identity for a 520
driver license using an identification document authorized under 521
s. 322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8. , the licensee may 522
not obtain a duplicate or replacement instruction permit or 523
driver license except in person and upon submission of an 524
identification document authorized under s. 322.08(2)(c)7.-18. 525
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s. 322.08(2)(c)7. or 8. 526
Section 7. Paragraph (d) of subsection (2) and paragraph 527
(c) of subsection (4) of section 322.18, Florid a Statutes, are 528
amended to read: 529
322.18 Original applications, licenses, and renewals; 530
expiration of licenses; delinquent licenses. — 531
(2) Each applicant who is entitled to the issuance of a 532
driver license, as provided in this section, shall be issued a 533
driver license, as follows: 534
(d)1. Notwithstanding any other provision of this chapter, 535
if an applicant establishes his or her identity for a driver 536
license using a document authorized in s. 322.08(2)(c)7.-13. s. 537
322.08(2)(c)7. or 8. , the driver license s hall expire 8 years 1 538
year after the date of issuance or upon the expiration date 539
cited on the United States Department of Homeland Security 540
documents, whichever date first occurs. 541
2. Notwithstanding any other provision of this chapter, if 542
an applicant establishes his or her identity for a driver 543
license using a document authorized in s. 322.08(2)(c)14. -18., 544
the driver license shall expire 8 years after the date of 545
issuance. 546
(4) 547
(c)1. Notwithstanding any other provision of this chapter, 548
if a licensee establishes his or her identity for a driver 549
license using an identification document authorized under s. 550
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322.08(2)(c)7.-13. s. 322.08(2)(c)7. or 8. , the licensee may not 551
renew the driver license except in person and upon submission of 552
an identification doc ument authorized under s. 322.08(2)(c)7.-553
13. s. 322.08(2)(c)7. or 8. A driver license renewed under this 554
subparagraph paragraph expires 8 years 1 year after the date of 555
issuance or upon the expiration date cited on the United States 556
Department of Homeland Security documents, whichever date first 557
occurs. 558
2. Notwithstanding any other provision of this chapter, if 559
a licensee establishes his or her identity for a driver license 560
using an identification document authorized under s. 561
322.08(2)(c)14.-18., the licensee may only renew the driver 562
license in person and upon submission of an identification 563
document authorized under s. 322.08(2)(c)14. -18. A driver 564
license renewed under this subparagraph expires 8 years after 565
the date of issuance. 566
Section 8. Subsectio n (5) of section 322.19, Florida 567
Statutes, is amended to read: 568
322.19 Change of address , name, or citizenship status .— 569
(5) Notwithstanding any other provision of this chapter, 570
if a licensee established his or her identity for a driver 571
license using an identification document authorized under s. 572
322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8. , the licensee may not 573
change his or her name or address except in person and upon 574
submission of an identification document authorized under s. 575
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322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8. 576
Section 9. Section 395.3027, Florida Statutes, is 577
repealed. 578
Section 10. Subsection (6) is added to section 402.308, 579
Florida Statutes, to read: 580
402.308 Issuance of license. — 581
(6) IMMIGRATION STATUS. —The department or a local 582
licensing agency may not deny a child care facility a license or 583
a license renewal based solely on the immigration status of a 584
child under the care of the child care facility. 585
Section 11. Paragraph (f) of subsection (2) of section 586
448.095, Florida Statutes, is redesignated as paragraph (e), and 587
paragraphs (b) and (e) of subsection (2), paragraph (a) of 588
subsection (4), subsectio n (5), and paragraphs (a) and (b) of 589
subsection (6) are amended, to read: 590
448.095 Employment eligibility. — 591
(2) EMPLOYMENT VERIFICATION. — 592
(b)1. A public agency shall use the E -Verify system to 593
verify a new employee's employment eligibility as required under 594
paragraph (a). 595
2. Beginning on July 1, 2023, a private employer with 25 596
or more employees shall use the E -Verify system to verify a new 597
employee's employment eligibility as required under paragraph 598
(a). 599
2.3. Each employer required to use the E -Verify system 600
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under this paragraph must certify on its first return each 601
calendar year to the tax service provider that it is in 602
compliance with this section when making contributions to or 603
reimbursing the state's unemployment compensation or 604
reemployment assistance system. An employer that voluntarily 605
uses the E-Verify system may also make such a certification on 606
its first return each calendar year in order to document such 607
use. 608
(e) An employer may not continue to employ an unauthorized 609
alien after obtaining knowledge that a person is or has become 610
an unauthorized alien. 611
(4) DEFENSES.— 612
(a) An employer that uses the E -Verify system or, if that 613
system is unavailable, the Employment Eligibility Verification 614
form (Form I-9) as provided in paragraph (2)(c), with respect to 615
the employment of an unauthorized alien has established a 616
rebuttable presumption that the employer has not violated s. 617
448.09 with respect to such employment. 618
(5) PUBLIC AGENCY CONTRACTING. — 619
(a) A public agency must require in any cont ract that the 620
contractor, and any subcontractor thereof, register with and use 621
the E-Verify system or the Employment Eligibility Verification 622
form (Form I-9) to verify the work authorization status of all 623
new employees of the contractor or subcontractor. A public 624
agency or a contractor or subcontractor thereof may not enter 625
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into a contract unless each party to the contract registers with 626
and uses the E-Verify system or the Employment Eligibility 627
Verification form (Form I -9). 628
(b) If a contractor enters int o a contract with a 629
subcontractor, the subcontractor must provide the contractor 630
with an affidavit stating that the subcontractor does not 631
employ, contract with, or subcontract with an unauthorized 632
alien. The contractor shall maintain a copy of such affida vit 633
for the duration of the contract. 634
(c)1. A public agency, contractor, or subcontractor who 635
has a good faith belief that a person or an entity with which it 636
is contracting has knowingly violated s. 448.09(1) shall 637
terminate the contract with the person or entity. 638
2. A public agency that has a good faith belief that a 639
subcontractor knowingly violated this subsection, but the 640
contractor otherwise complied with this subsection, shall 641
promptly notify the contractor and order the contractor to 642
immediately terminate the contract with the subcontractor. 643
3. A contract terminated under this paragraph is not a 644
breach of contract and may not be considered as such. If a 645
public agency terminates a contract with a contractor under this 646
paragraph, the contractor ma y not be awarded a public contract 647
for at least 1 year after the date on which the contract was 648
terminated. A contractor is liable for any additional costs 649
incurred by a public agency as a result of the termination of a 650
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contract. 651
(d) A public agency, con tractor, or subcontractor may file 652
a cause of action with a circuit or county court to challenge a 653
termination under paragraph (c) no later than 20 calendar days 654
after the date on which the contract was terminated. 655
(6) COMPLIANCE.— 656
(a) In addition to t he requirements under s. 288.061(6), 657
beginning on July 1, 2024, if the Department of Commerce 658
determines that an employer failed to use the E -Verify system or 659
the Employment Eligibility Verification form (Form I -9) to 660
verify the employment eligibility of e mployees as required under 661
this section, the department must notify the employer of the 662
department's determination of noncompliance and provide the 663
employer with 30 days to cure the noncompliance. 664
(b) If the Department of Commerce determines that an 665
employer failed to use the E -Verify system or the Employment 666
Eligibility Verification form (Form I -9) as required under this 667
section three times in any 24 -month period, the department must 668
impose a fine of $1,000 per day until the employer provides 669
sufficient proof to the department that the noncompliance is 670
cured. Noncompliance constitutes grounds for the suspension of 671
all licenses issued by a licensing agency subject to chapter 120 672
until the noncompliance is cured. 673
Section 12. Subsection (3) of section 45 4.021, Florida 674
Statutes, is amended to read: 675
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454.021 Attorneys; admission to practice law; Supreme 676
Court to govern and regulate. — 677
(3) Upon certification by the Florida Board of Bar 678
Examiners that an applicant who is an unauthorized immigrant who 679
was brought to the United States as a minor; has been present in 680
the United States for more than 10 years; has received 681
documented employment authorization from the United States 682
Citizenship and Immigration Services (USCIS); has been issued a 683
social security number; if a male, has registered with the 684
Selective Service System if required to do so under the Military 685
Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all 686
requirements for admission to practice law in this state, the 687
Supreme Court of Florida may admit that applicant as an attorney 688
at law authorized to practice in this state and may direct an 689
order be entered upon the court's records to that effect. 690
Section 13. Subsection (2) of section 760.01, Florida 691
Statutes, is amended to read: 692
760.01 Purposes; construction; title. — 693
(2) The general purposes of the Florida Civil Rights Act 694
of 1992 are to secure for all individuals within the state 695
freedom from discrimination because of race, color, religion, 696
sex, pregnancy, national origin, age, hand icap, immigration 697
status, or marital status and thereby to protect their interest 698
in personal dignity, to make available to the state their full 699
productive capacities, to secure the state against domestic 700
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strife and unrest, to preserve the public safety, h ealth, and 701
general welfare, and to promote the interests, rights, and 702
privileges of individuals within the state. 703
Section 14. Section 760.05, Florida Statutes, is amended 704
to read: 705
760.05 Functions of the commission. —The commission shall 706
promote and encourage fair treatment and equal opportunity for 707
all persons regardless of race, color, religion, sex, pregnancy, 708
national origin, age, handicap, immigration status, or marital 709
status and mutual understanding and respect among all members of 710
all economic, social, racial, religious, and ethnic groups; and 711
shall endeavor to eliminate discrimination against, and 712
antagonism between, religious, racial, and ethnic groups and 713
their members. 714
Section 15. Section 760.07, Florida Statutes, is amended 715
to read: 716
760.07 Remedies for unlawful discrimination. —Any violation 717
of any Florida statute that makes unlawful discrimination 718
because of race, color, religion, gender, pregnancy, national 719
origin, age, handicap, immigration status, or marital status in 720
the areas of education, employment, or public accommodations 721
gives rise to a cause of action for all relief and damages 722
described in s. 760.11(5), unless greater damages are expressly 723
provided for. If the statute prohibiting unlawful discrimination 724
provides an administrative remedy, the action for equitable 725
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relief and damages provided for in this section may be initiated 726
only after the plaintiff has exhausted his or her administrative 727
remedy. The term "public accommodations" does not include lodge 728
halls or other similar facilities of private organizations which 729
are made available for public use occasionally or periodically. 730
The right to trial by jury is preserved in any case in which the 731
plaintiff is seeking actual or punitive damages. 732
Section 16. Section 760.08, Florida Statutes, is amended 733
to read: 734
760.08 Discrimination in places of public accommodation. —735
All persons are entitled to the full and equal enjoyment of the 736
goods, services, facilities, privileges, advantages, and 737
accommodations of any place of public accommodation without 738
discrimination or segregation on the ground of race, color, 739
national origin, sex, pregnancy, handicap, familial status, 740
immigration status, or religion. 741
Section 17. Subsections (1) and (2), paragraphs (a) and 742
(b) of subsection (3), subsections (4), (5), and (6), and 743
paragraph (a) of subsection (9) of section 760.10, Florida 744
Statutes, are amended to read: 745
760.10 Unlawful employment practices. — 746
(1) It is an unlawful employment practice for an employer: 747
(a) To discharge or to fail or refuse to hire any 748
individual, or otherwise to discriminate against any individual 749
with respect to compensation, terms, conditions, or privileges 750
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of employment, because of such individual's race, color, 751
religion, sex, pregnancy, national origin, age, handicap, 752
immigration status, or marital status. 753
(b) To limit, segregate, or classify employees or 754
applicants for employment in any way which would deprive or tend 755
to deprive any individual of employment opportunities, or 756
adversely affect any individual's status as an employee, because 757
of such individual's race, color, religion, sex, pregnancy, 758
national origin, age, handicap, immigration status, or marital 759
status. 760
(2) It is an unlawful employment practice for an 761
employment agency to fail or refuse to refer for employment, or 762
otherwise to discriminate against, any individual because of 763
race, color, religion, sex, pregnancy, national origin, age, 764
handicap, immigration status, or marital status or to classify 765
or refer for employment any individual on the basis of race, 766
color, religion, sex, pre gnancy, national origin, age, handicap, 767
immigration status, or marital status. 768
(3) It is an unlawful employment practice for a labor 769
organization: 770
(a) To exclude or to expel from its membership, or 771
otherwise to discriminate against, any individual beca use of 772
race, color, religion, sex, pregnancy, national origin, age, 773
handicap, immigration status, or marital status. 774
(b) To limit, segregate, or classify its membership or 775
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applicants for membership, or to classify or fail or refuse to 776
refer for employment any individual, in any way that would 777
deprive or tend to deprive any individual of employment 778
opportunities, or adversely affect any individual's status as an 779
employee or as an applicant for employment, because of such 780
individual's race, color, religion, sex, pregnancy, national 781
origin, age, handicap, immigration status, or marital status. 782
(4) It is an unlawful employment practice for any 783
employer, labor organization, or joint labor -management 784
committee controlling apprenticeship or other training or 785
retraining, including on -the-job training programs, to 786
discriminate against any individual because of race, color, 787
religion, sex, pregnancy, national origin, age, handicap, 788
immigration status, or marital status in admission to, or 789
employment in, any program established to provide apprenticeship 790
or other training. 791
(5) Whenever, in order to engage in a profession, 792
occupation, or trade, it is required that a person receive a 793
license, certification, or other credential, become a member or 794
an associate of any cl ub, association, or other organization, or 795
pass any examination, it is an unlawful employment practice for 796
any person to discriminate against any other person seeking such 797
license, certification, or other credential, seeking to become a 798
member or associate of such club, association, or other 799
organization, or seeking to take or pass such examination, 800
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because of such other person's race, color, religion, sex, 801
pregnancy, national origin, age, handicap, immigration status, 802
or marital status. 803
(6) It is an unlawful employment practice for an employer, 804
labor organization, employment agency, or joint labor -management 805
committee to print, or cause to be printed or published, any 806
notice or advertisement relating to employment, membership, 807
classification, referral for employment, or apprenticeship or 808
other training, indicating any preference, limitation, 809
specification, or discrimination, based on race, color, 810
religion, sex, pregnancy, national origin, age, absence of 811
handicap, immigration status, or marital status. 812
(9) Notwithstanding any other provision of this section, 813
it is not an unlawful employment practice under ss. 760.01 -814
760.10 for an employer, employment agency, labor organization, 815
or joint labor-management committee to: 816
(a) Take or fail to take any action on the basis of 817
religion, sex, pregnancy, national origin, age, handicap, 818
immigration status, or marital status in those certain instances 819
in which religion, sex, condition of pregnancy, national origin, 820
age, absence of a particular handicap, immigration status, or 821
marital status is a bona fide occupational qualification 822
reasonably necessary for the performance of the particular 823
employment to which such action or inaction is related. 824
Section 18. Subsections (1) through (5) of section 760.23, 825
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Florida Statutes, are amended to read: 826
760.23 Discrimination in the sale or rental of housing and 827
other prohibited practices. — 828
(1) It is unlawful to refuse to sell or rent after the 829
making of a bona fide offer, to refuse to negotiate for the sale 830
or rental of, or otherwise to make unavailable or deny a 831
dwelling to any person because of race, color, national origin, 832
sex, disability, familial status, immigration status, or 833
religion. 834
(2) It is unlawful to discriminate against any person in 835
the terms, conditions, or privileges of sale or rental of a 836
dwelling, or in the provision of services or facilities in 837
connection therewith, because of race, color, national origin, 838
sex, disability, familial status, immigration status, or 839
religion. 840
(3) It is unlawful to make, pr int, or publish, or cause to 841
be made, printed, or published, any notice, statement, or 842
advertisement with respect to the sale or rental of a dwelling 843
that indicates any preference, limitation, or discrimination 844
based on race, color, national origin, sex, d isability, familial 845
status, immigration status, or religion or an intention to make 846
any such preference, limitation, or discrimination. 847
(4) It is unlawful to represent to any person because of 848
race, color, national origin, sex, disability, familial statu s, 849
immigration status, or religion that any dwelling is not 850
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available for inspection, sale, or rental when such dwelling is 851
in fact so available. 852
(5) It is unlawful, for profit, to induce or attempt to 853
induce any person to sell or rent any dwelling by a 854
representation regarding the entry or prospective entry into the 855
neighborhood of a person or persons of a particular race, color, 856
national origin, sex, disability, familial status, immigration 857
status, or religion. 858
Section 19. Section 760.24, Florida St atutes, is amended 859
to read: 860
760.24 Discrimination in the provision of brokerage 861
services.—It is unlawful to deny any person access to, or 862
membership or participation in, any multiple -listing service, 863
real estate brokers' organization, or other service, 864
organization, or facility relating to the business of selling or 865
renting dwellings, or to discriminate against him or her in the 866
terms or conditions of such access, membership, or 867
participation, on account of race, color, national origin, sex, 868
disability, familial status, immigration status, or religion. 869
Section 20. Subsection (1) and paragraph (a) of subsection 870
(2) of section 760.25, Florida Statutes, are amended to read: 871
760.25 Discrimination in the financing of housing or in 872
residential real estate transactions.— 873
(1) It is unlawful for any bank, building and loan 874
association, insurance company, or other corporation, 875
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association, firm, or enterprise the business of which consists 876
in whole or in part of the making of commercial real estate 877
loans to deny a loan or other financial assistance to a person 878
applying for the loan for the purpose of purchasing, 879
constructing, improving, repairing, or maintaining a dwelling, 880
or to discriminate against him or her in the fixing of the 881
amount, interest rate, durat ion, or other term or condition of 882
such loan or other financial assistance, because of the race, 883
color, national origin, sex, disability, familial status, 884
immigration status, or religion of such person or of any person 885
associated with him or her in connect ion with such loan or other 886
financial assistance or the purposes of such loan or other 887
financial assistance, or because of the race, color, national 888
origin, sex, disability, familial status, immigration status, or 889
religion of the present or prospective own ers, lessees, tenants, 890
or occupants of the dwelling or dwellings in relation to which 891
such loan or other financial assistance is to be made or given. 892
(2)(a) It is unlawful for any person or entity whose 893
business includes engaging in residential real esta te 894
transactions to discriminate against any person in making 895
available such a transaction, or in the terms or conditions of 896
such a transaction, because of race, color, national origin, 897
sex, disability, familial status, immigration status, or 898
religion. 899
Section 21. Section 760.26, Florida Statutes, is amended 900
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to read: 901
760.26 Prohibited discrimination in land use decisions and 902
in permitting of development. —It is unlawful to discriminate in 903
land use decisions or in the permitting of development based on 904
race, color, national origin, sex, disability, familial status, 905
immigration status, religion, or, except as otherwise provided 906
by law, the source of financing of a development or proposed 907
development. 908
Section 22. Subsection (2) and paragraph (a) of subsection 909
(5) of section 760.29, Florida Statutes, are amended to read : 910
760.29 Exemptions.— 911
(2) Nothing in ss. 760.20 -760.37 prohibits a religious 912
organization, association, or society, or any nonprofit 913
institution or organization operated, supervised, or controlled 914
by or in conjunction with a religious organization, ass ociation, 915
or society, from limiting the sale, rental, or occupancy of any 916
dwelling which it owns or operates for other than a commercial 917
purpose to persons of the same religion or from giving 918
preference to such persons, unless membership in such religion 919
is restricted on account of race, color, or national origin, or 920
immigration status. Nothing in ss. 760.20 -760.37 prohibits a 921
private club not in fact open to the public, which as an 922
incident to its primary purpose or purposes provides lodgings 923
which it owns or operates for other than a commercial purpose, 924
from limiting the rental or occ upancy of such lodgings to its 925
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members or from giving preference to its members. 926
(5) Nothing in ss. 760.20 -760.37: 927
(a) Prohibits a person engaged in the business of 928
furnishing appraisals of real property from taking into 929
consideration factors other tha n race, color, national origin, 930
sex, disability, familial status, immigration status, or 931
religion. 932
Section 23. Section 760.45, Florida Statutes, is created 933
to read: 934
760.45 Discrimination on the basis of certain driver 935
licenses prohibited. — 936
(1) A person or entity, including a business establishment 937
or an employer, may not discriminate against an individual 938
because the individual holds or presents a driver license that 939
does not comply with the REAL ID Act of 2005, Pub. L. No. 109 -940
13. 941
(2) An employer may not require an employee to present a 942
driver license unless possessing a driver license is required by 943
law or is lawfully required by the employer. This subsection may 944
not be construed to limit or expand an employer's authority to 945
require a person to p ossess a driver license. 946
(3) This section may not be construed to do either of the 947
following: 948
(a) Alter an employer's rights or obligations under the 949
Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding 950
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obtaining documentation that evidences identity and 951
authorization for employment. 952
(b) Prohibit any other action taken by an employer which 953
is required under 8 U.S.C. s. 1324a(a). 954
(4) The state or a local government; an agent or person 955
acting on behalf of the state or a local government; or a 956
program or activity that is funded directly by, or receives 957
financial assistance from, the state may not discriminate 958
against an individual because the individual holds or presents a 959
driver license that does not comply with the REAL ID Act of 960
2005, Pub. L. No. 109-13. This prohibition includes, but is not 961
limited to, notifying a law enforcement agency of the 962
individual's identity or that the individual holds a driver 963
license that does not comply with the REAL ID Act of 2005, Pub. 964
L. No. 109-13, if a notification is not required by law or would 965
not have been provided if the individual's driver license had 966
been compliant with such act. 967
Section 24. Subsection (1) of section 760.60, Florida 968
Statutes, is amended to read: 969
760.60 Discriminatory practices o f certain clubs 970
prohibited; remedies. — 971
(1) It is unlawful for a person to discriminate against 972
any individual because of race, color, religion, gender, 973
national origin, handicap, age above the age of 21, immigration 974
status, or marital status in evaluatin g an application for 975
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membership in a club that has more than 400 members, that 976
provides regular meal service, and that regularly receives 977
payment for dues, fees, use of space, facilities, services, 978
meals, or beverages directly or indirectly from nonmembers for 979
business purposes. It is unlawful for a person, on behalf of 980
such a club, to publish, circulate, issue, display, post, or 981
mail any advertisement, notice, or solicitation that contains a 982
statement to the effect that the accommodations, advantages, 983
facilities, membership, or privileges of the club are denied to 984
any individual because of race, color, religion, gender, 985
national origin, handicap, age above the age of 21, immigration 986
status, or marital status. This subsection does not apply to 987
fraternal or benevolent organizations, ethnic clubs, or 988
religious organizations where business activity is not 989
prevalent. 990
Section 25. Section 775.0848, Florida Statutes , is amended 991
to read: 992
775.0848 Commission of a felony after unlawful reentry 993
into the United States Offenses committed by an unauthorized 994
alien; reclassification.—A person who has been previously 995
convicted of a crime relating to the reentry of removed aliens 996
under 8 U.S.C. s. 1326 shall have the penalty for committing a 997
any misdemeanor or felony committed after such conviction by an 998
unauthorized alien as defined in s. 908.111 shall be 999
reclassified in the following manner: 1000
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(1) A misdemeanor of the second degree is reclassified to 1001
a misdemeanor of the first degree. 1002
(2) A misdemeanor of the first deg ree is reclassified to a 1003
felony of the third degree. 1004
(1)(3) A felony of the third degree is reclassified to a 1005
felony of the second degree. 1006
(2)(4) A felony of the second degree is reclassified to a 1007
felony of the first degree. 1008
(3)(5) A felony of the first degree is reclassified to a 1009
life felony. 1010
Section 26. Section 787.07, Florida Statutes, is repealed. 1011
Section 27. Sections 908.103, 908.105, and 908.106, 1012
Florida Statutes, are repealed. 1013
Section 28. Subsection (6) of section 908.102, Florida 1014
Statutes, is amended to read: 1015
908.102 Definitions. —As used in this chapter, the term: 1016
(6) "Sanctuary policy" means a law, policy, practice, 1017
procedure, or custom adopted or allowed by a state entity or 1018
local governmental entity which prohibits or impedes a law 1019
enforcement agency from complying with 8 U.S.C. s. 1373 or which 1020
prohibits or impedes a law enforcement agency from communicating 1021
or cooperating with a federal immigration agency so as to limit 1022
such law enforcement agency in, or prohibit the agency from: 1023
(a) Complying with an immigration detainer; 1024
(b) Complying with a request from a federal immigration 1025
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agency to notify the agency before the release of an inmate or 1026
detainee in the custody of the law enforcement agency; 1027
(c) Providing a fed eral immigration agency access to an 1028
inmate for interview; 1029
(d) Participating in any program or agreement authorized 1030
under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 1031
1357 as required by s. 908.11; 1032
(e) Providing a federal immigration agen cy with an 1033
inmate's incarceration status or release date; 1034
(f) Providing information to a state entity on the 1035
immigration status of an inmate or detainee in the custody of 1036
the law enforcement agency ; 1037
(g) Executing a lawful judicial warrant; or 1038
(h) Participating in a federal immigration operation with 1039
a federal immigration agency as permitted by federal and state 1040
law. 1041
Section 29. Section 908.104, Florida Statutes, is amended 1042
to read: 1043
908.104 Cooperation with federal immigration authorities. — 1044
To ensure compliance with Title VI of the 1964 Civil Rights Act, 1045
(1) Consistent with all duties created in state and 1046
federal law, state and local law enforcement agencies and any 1047
official responsible for directing or supervising such agency 1048
shall use best efforts to support the enforcement of federal 1049
immigration law. This subsection applies to an official, 1050
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representative, agent, or employee of the entity or agency only 1051
when he or she is acting within the scope of his or her official 1052
duties or within the scope of his or her employment. 1053
(2) Except as otherwise expressly prohibited by federal 1054
law, a state entity, local governmental entity, or law 1055
enforcement agency, or an employee, an agent, or a 1056
representative of the entity or agency, may not prohibit or in 1057
any way restrict a law enforcement agency from taking any of the 1058
following actions with respect to information regarding a 1059
person's immigration status: 1060
(a) Sending the information to or requesting, receiving, 1061
or reviewing the information from a federal immi gration agency 1062
for purposes of this chapter. 1063
(b) Recording and maintaining the information for purposes 1064
of this chapter. 1065
(c) Exchanging the information with a federal immigration 1066
agency or another state entity, local governmental entity, or 1067
law enforcement agency for purposes of this chapter. 1068
(d) Using the information to comply with an immigration 1069
detainer. 1070
(e) Using the information to confirm the identity of a 1071
person who is detained by a law enforcement agency. 1072
(f) Sending the applicable informat ion obtained pursuant 1073
to enforcement of s. 448.095 to a federal immigration agency. 1074
(3) A state entity, local governmental entity, or law 1075
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enforcement agency may not prohibit or in any way restrict a law 1076
enforcement officer from executing or assisting in the execution 1077
of a lawful judicial warrant. 1078
(4)(a) For purposes of this subsection, the term 1079
"applicable criminal case" means a criminal case in which: 1080
1. The judgment requires the defendant to be confined in a 1081
secure correctional facility; and 1082
2. The judge: 1083
a. Indicates in the record under s. 908.105 that the 1084
defendant is subject to an immigration detainer; or 1085
b. Otherwise indicates in the record that the defendant is 1086
subject to a transfer into federal custody. 1087
(b) In an applicable criminal cas e, when the judge 1088
sentences a defendant who is the subject of an immigration 1089
detainer to confinement, the judge shall issue an order 1090
requiring the secure correctional facility in which the 1091
defendant is to be confined to reduce the defendant's sentence 1092
by a period of not more than 12 days on the facility's 1093
determination that the reduction in sentence will facilitate the 1094
seamless transfer of the defendant into federal custody. For 1095
purposes of this paragraph, the term "secure correctional 1096
facility" means a sta te correctional institution as defined in 1097
s. 944.02 or a county detention facility or a municipal 1098
detention facility as defined in s. 951.23. 1099
(c) If the information specified in sub -subparagraph 1100
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(a)2.a. or sub-subparagraph (a)2.b. is not available at the time 1101
the sentence is pronounced in the case, but is received by a law 1102
enforcement agency afterwards, the law enforcement agency shall 1103
notify the judge who shall issue the order described by 1104
paragraph (b) as soon as the information becomes available. 1105
(5) when a county correctional facility or the Department 1106
of Corrections receives verification from a federal immigration 1107
agency that a person subject to an immigration detainer is in 1108
the law enforcement agency's custody, the agency must facilitate 1109
a screening of the person by a public defender to determine if 1110
the person is or has been a necessary witness or victim of a 1111
crime of domestic violence, rape, sexual exploitation, sexual 1112
assault, murder, manslaughter, assault, battery, human 1113
trafficking, kidnapping, false imprisonment, involuntary 1114
servitude, fraud in foreign labor contracting, blackmail, 1115
extortion, or witness tampering. The screening must be in the 1116
preferred language of the person being detained. If the public 1117
defender determines that the person is a necessary witness or 1118
victim of the aforementioned acts, the county correctional 1119
facility or the Department of Corrections may decline to comply 1120
with the federal immigration detainer. Otherwise, the county 1121
correctional facility or the Department of Correct ions may 1122
securely transport the person to a federal facility in this 1123
state or to another point of transfer to federal custody outside 1124
the jurisdiction of the law enforcement agency. The law 1125
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enforcement agency may transfer a person who is subject to an 1126
immigration detainer and is confined in a secure correctional 1127
facility to the custody of a federal immigration agency not 1128
earlier than 12 days before his or her release date. A law 1129
enforcement agency shall obtain judicial authorization before 1130
securely transporting an alien to a point of transfer outside of 1131
this state. 1132
(6) Upon request from a federal immigration agency, a 1133
sheriff or chief correctional officer operating a county 1134
detention facility must provide the requesting federal 1135
immigration agency a list of all inmates booked into a county 1136
detention facility and any information regarding each inmate's 1137
immigration status. 1138
(7) This section does not require a state entity, local 1139
governmental entity, or law enforcement agency to provide a 1140
federal immigration a gency with information related to a victim 1141
of or a witness to a criminal offense if: 1142
(a) The victim or witness is necessary to the 1143
investigation or prosecution of a crime, and such crime occurred 1144
in the United States; and 1145
(b) The victim or witness time ly and in good faith 1146
responds to the entity's or agency's request for information and 1147
cooperates in the investigation or prosecution of such offense. 1148
(8) A state entity, local governmental entity, or law 1149
enforcement agency that, pursuant to subsection (7 ), withholds 1150
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information regarding the immigration information of a victim of 1151
or witness to a criminal offense shall document the victim's or 1152
witness's cooperation in the entity's or agency's investigative 1153
records related to the offense and shall retain th e records for 1154
at least 10 years for the purpose of audit, verification, or 1155
inspection by the Auditor General. 1156
(9) This section does not authorize a law enforcement 1157
agency to detain an alien unlawfully present in the United 1158
States pursuant to an immigrati on detainer solely because the 1159
alien witnessed or reported a crime or was a victim of a 1160
criminal offense. 1161
(10) This section does not apply to any alien unlawfully 1162
present in the United States if he or she is or has been a 1163
necessary witness or victim of a crime of domestic violence, 1164
rape, sexual exploitation, sexual assault, murder, manslaughter, 1165
assault, battery, human trafficking, kidnapping, false 1166
imprisonment, involuntary servitude, fraud in foreign labor 1167
contracting, blackmail, extortion, or witness t ampering, 1168
provided that such crime was committed in the United States. 1169
Documentation, including, but not limited to, police reports, 1170
testimony, sworn statements, or a victim impact statement, must 1171
be relied upon to verify that the person was a necessary wi tness 1172
or victim to the crime. 1173
Section 30. Section 908.1041, Florida Statutes, is created 1174
to read: 1175
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908.1041 Prohibition against engaging in immigration 1176
enforcement activities near public and private schools, child 1177
care facilities, or religious institu tions.— 1178
(1) As used in this section, the term: 1179
(a) "Child care facility" has the same meaning as in s. 1180
402.302. 1181
(b) "Immigration enforcement activities" means any action 1182
by a law enforcement officer or agency, including, but not 1183
limited to, the ident ification, detention, questioning, 1184
investigation, or arrest of individuals based on their 1185
immigration status. 1186
(c) "Private school" has the same meaning as in s. 1187
1002.01. 1188
(d) "Public school" means any facility or location 1189
providing primary or secondary education, including, but not 1190
limited to, public K -12 schools, charter schools, and school 1191
grounds. 1192
(e) "Religious institution" means any building or space 1193
primarily used for religious worship or practices, including, 1194
but not limited to, a church, synago gue, mosque, temple, and 1195
other place of religious gathering. 1196
(2) A law enforcement agency, officer, sheriff's deputy, 1197
or federal immigration agency may not engage in or cooperate 1198
with immigration enforcement activities or engage in or 1199
cooperate with immigration enforcement activities pursuant to 1200
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the Unauthorized Alien Transport Program under s. 908.13 within 1201
500 feet of any public or private school, child care facility, 1202
or religious institution, except in cases of exigent 1203
circumstances when immediate acti on is necessary to prevent harm 1204
or death. A local law enforcement agency may not: 1205
(a) Use agency resources, personnel, or authority to 1206
question, detain, or arrest individuals solely based on their 1207
immigration status on the grounds of, or within 500 feet of, a 1208
public or private school, child care facility, or religious 1209
institution. 1210
(b) Collaborate with federal immigration agency 1211
authorities for immigration enforcement purposes within or 1212
around the areas described in this subsection unless authorized 1213
to do so by a court with jurisdiction over the matter. 1214
(3) This section does not prohibit a local law enforcement 1215
agency from engaging in activities related to criminal 1216
investigations, emergency responses, or school safety as 1217
authorized by law, provided such activities do not involve 1218
immigration enforcement activities. 1219
(4) Within 30 days after the effective date of this act, 1220
each local law enforcement agency shall submit to the Department 1221
of Law Enforcement a report detailing policies and protocols for 1222
compliance with this section, including training protocols for 1223
officers. 1224
(5) A local law enforcement agency or officer who violates 1225
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this section may be subject to disciplinary action by the local 1226
governmental entity, including suspension, dismissal, or loss of 1227
funding for local enforcement efforts. 1228
Section 31. Subsections (3) and (4) of section 908.107, 1229
Florida Statutes, are amended to read: 1230
908.107 Enforcement. — 1231
(3) If a local governmental entity or local law 1232
enforcement agency violates this chapter, the court must enjoin 1233
the unlawful sanctuary policy. The court has continuing 1234
jurisdiction over the parties and subject matter and may enforce 1235
its orders with the initiation of contempt proceedings as 1236
provided by law. 1237
(4) An order approving a consent de cree or granting an 1238
injunction must include written findings of fact that describe 1239
with specificity the existence and nature of the sanctuary 1240
policy that violates this chapter. 1241
Section 32. Section 908.11, Florida Statutes, is amended 1242
to read: 1243
908.11 Immigration enforcement assistance agreements; 1244
reporting requirement. — 1245
(1) Beginning January 1, 2026 , the sheriff or the chief 1246
correctional officer operating a county detention facility may 1247
not must enter into or renew a written agreement with the United 1248
States Immigration and Customs Enforcement to participate in the 1249
immigration program established under s. 287(g) of the 1250
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Immigration and Nationality Act, 8 U.S.C. s. 1357. The State 1251
Board of Immigration Enforcement must approve the termination of 1252
any such agreement. This subsection does not require a sheriff 1253
or chief correctional officer operating a county detention 1254
facility to participate in a particular program model. 1255
(2) Beginning no later than April 1, 2025, and until the 1256
sheriff or chief correctional officer operating a county 1257
detention facility that has such a enters into the written 1258
agreement required under subsection (1), each sheriff or chief 1259
correctional officer operating a county detention facility must 1260
notify the State Board of Immigration Enforcement quarterly of 1261
the status of any active or pending agreement. 1262
(3) The Department of Law Enforcement must establish a 1263
regular training schedule to educate relevant employees and 1264
other state entities that collab orate with federal agencies 1265
about current immigration enforcement policies and priorities 1266
such written agreement and any reason for noncompliance with 1267
this section, if applicable . 1268
Section 33. Section 921.1426, Florida Statutes, as created 1269
by 2025-2, Laws of Florida, is repealed. 1270
Section 34. Paragraphs (b) and (c) of subsection (3) of 1271
section 943.325, Florida Statutes, are redesignated as 1272
paragraphs (c) and (d), respectively, and paragraph (a) of 1273
subsection (3) and paragraphs (b) and (f) of subsectio n (7) of 1274
that section are amended, to read: 1275
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943.325 DNA database. — 1276
(3) COLLECTION OF SAMPLES. — 1277
(a) Each qualifying offender must shall submit a DNA 1278
sample at the time he or she is booked into a jail, correctional 1279
facility, or juvenile facility. 1280
(b) A person who becomes a qualifying offender solely 1281
because of the issuance of an immigration detainer by a federal 1282
immigration agency may must submit a DNA sample when the law 1283
enforcement agency having custody of the offender receives the 1284
detainer. A law enforcement agency may not forcibly extract a 1285
DNA sample from such person and the person may not be charged 1286
with a criminal offense solely for refusing to submit a DNA 1287
sample. 1288
(7) COLLECTION OF DNA SAMPLES FROM OFFENDERS. — 1289
(b) Arrested qualifying offen ders must submit a DNA sample 1290
at the time they are booked into a jail, correctional facility, 1291
or juvenile facility , except as provided in paragraph (3)(b) . 1292
(f) A law enforcement agency having custody of a person 1293
who becomes a qualifying offender solely b ecause of the issuance 1294
of an immigration detainer by a federal immigration agency shall 1295
ensure that a DNA sample is taken from the offender immediately 1296
after the agency receives the detainer and shall secure and 1297
transmit the sample to the department in a t imely manner. 1298
Section 35. Paragraph (c) of subsection (2) of section 1299
1002.31, Florida Statutes, is amended to read: 1300
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1002.31 Controlled open enrollment; public school parental 1301
choice.— 1302
(2) 1303
(c) Each district school board must provide preferential 1304
treatment in its controlled open enrollment process to all of 1305
the following: 1306
1. Dependent children of active duty military personnel 1307
whose move resulted from military orders. 1308
2. Children who have been relocated due to a foster care 1309
placement in a differe nt school zone. 1310
3. Children who move due to a court -ordered change in 1311
custody due to separation or divorce, or the serious illness or 1312
death of a custodial parent. 1313
4. Students residing in the school district. 1314
5. Children who are experiencing homelessn ess and children 1315
known to the department, as defined in s. 39.0016(1), regardless 1316
of their immigration status. 1317
Section 36. Paragraph (f) of subsection (1) of section 1318
1003.21, Florida Statutes, is amended to read: 1319
1003.21 School attendance. — 1320
(1) 1321
(f) Children and youths who are experiencing homelessness 1322
and children who are known to the department, as defined in s. 1323
39.0016, regardless of their immigration status, must have 1324
access to a free public education and in accordance with s. 1325
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1002.31 must be admitted to the school of their parent's or 1326
guardian's choice, contingent on the school's capacity, in the 1327
school district in which they or their families or guardian 1328
live. School districts shall assist such children in meeting the 1329
requirements of subsection (4) and s. 1003.22, as well as local 1330
requirements for documentation. 1331
Section 37. Paragraphs (a), (b), and (c) of subsection 1332
(12) of section 1009.26, Florida Statutes, are amended to read: 1333
1009.26 Fee waivers. — 1334
(12)(a) A state university, a Florida College System 1335
institution, a career center operated by a school district under 1336
s. 1001.44, or a charter technical career center shall waive 1337
out-of-state fees for undergraduate and graduate students who 1338
are citizens of the United States or lawfully present in the 1339
United States who meet the following conditions: 1340
1. Attended a secondary school in this state for 2 3 1341
consecutive years immediately before graduating from a high 1342
school in this state or received a high schoo l equivalency 1343
diploma under s. 1003.435 ; 1344
2. Apply for enrollment in an institution of higher 1345
education within 24 months after high school or postsecondary 1346
graduation; and 1347
3. Submit an official Florida high school or postsecondary 1348
school transcript as evidence of attendance and graduation. In 1349
lieu of an official high school transcript, a student may submit 1350
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a high school equivalency diploma under s. 1003.435 1351
(b) Tuition and fees charged to a student who qualifies 1352
for the out-of-state fee waiver under this subsection may not 1353
exceed the tuition and fees charged to a resident student. The 1354
waiver is applicable for 110 percent of the required credit 1355
hours of the undergraduate or graduate degree or certificate 1356
program for which the student is e nrolled. Each state 1357
university, Florida College System institution, career center 1358
operated by a school district under s. 1001.44, and charter 1359
technical career center shall report to the Board of Governors 1360
and the State Board of Education, respectively, the number and 1361
value of all fee waivers granted annually under this subsection. 1362
By October 1 of each year, the Board of Governors for the state 1363
universities and the State Board of Education for Florida 1364
College System institutions, career centers operated by a school 1365
district under s. 1001.44, and charter technical career centers 1366
shall annually report for the previous academic year the 1367
percentage of resident and nonresident students enrolled 1368
systemwide. 1369
(c) A state university student granted an out -of-state fee 1370
waiver under this subsection must be considered a nonresident 1371
student for purposes of calculating the systemwide total 1372
enrollment of nonresident students as limited by regulation of 1373
the Board of Governors. In addition, A student who is granted an 1374
out-of-state fee waiver under this subsection is not eligible 1375
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for state financial aid under part III of this chapter and may 1376
must not be reported as a resident for tuition purposes. 1377
Section 38. Paragraph (a) of subsection (1) of section 1378
1009.40, Florida Stat utes, is amended to read: 1379
1009.40 General requirements for student eligibility for 1380
state financial aid awards and tuition assistance grants. — 1381
(1)(a) The general requirements for eligibility of 1382
students for state financial aid awards and tuition assista nce 1383
grants consist of the following: 1384
1. Achievement of the academic requirements of and 1385
acceptance at a state university or Florida College System 1386
institution; a nursing diploma school approved by the Florida 1387
Board of Nursing; a Florida college or univer sity which is 1388
accredited by an accrediting agency recognized by the State 1389
Board of Education; a Florida institution the credits of which 1390
are acceptable for transfer to state universities; a career 1391
center; or a private career institution accredited by an 1392
accrediting agency recognized by the State Board of Education. 1393
2. Residency in this state for no less than 1 year 1394
preceding the award of aid or a tuition assistance grant for a 1395
program established pursuant to s. 1009.50, s. 1009.505, s. 1396
1009.51, s. 1009.52, s. 1009.521, s. 1009.53, s. 1009.60, s. 1397
1009.62, s. 1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s. 1398
1009.89, or s. 1009.894. Residency in this state must be for 1399
purposes other than to obtain an education. Resident status for 1400
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purposes of receiving state f inancial aid awards shall be 1401
determined in the same manner as resident status for tuition 1402
purposes pursuant to s. 1009.21. However, a student may not be 1403
denied classification as a resident for purposes of receiving 1404
state financial aid based solely on the s tudent's immigration 1405
status if he or she has met the conditions for an out -of-state 1406
fee waiver under s. 1009.26(12)(a). 1407
3. Submission of certification attesting to the accuracy, 1408
completeness, and correctness of information provided to 1409
demonstrate a student's eligibility to receive state financial 1410
aid awards or tuition assistance grants. Falsification of such 1411
information shall result in the denial of a pending application 1412
and revocation of an award or grant currently held to the extent 1413
that no further paym ents shall be made. Additionally, students 1414
who knowingly make false statements in order to receive state 1415
financial aid awards or tuition assistance grants commit a 1416
misdemeanor of the second degree subject to the provisions of s. 1417
837.06 and shall be require d to return all state financial aid 1418
awards or tuition assistance grants wrongfully obtained. 1419
Section 39. Paragraph (w) of subsection (2) of section 1420
435.04, Florida Statutes, is amended to read: 1421
435.04 Level 2 screening standards. — 1422
(2) The security background investigations under this 1423
section must ensure that persons subject to this section have 1424
not been arrested for and are awaiting final disposition of; 1425
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have not been found guilty of, regardless of adjudication, or 1426
entered a plea of nolo contendere or guilty to; or have not been 1427
adjudicated delinquent and the record has not been sealed or 1428
expunged for, any offense prohibited under any of the following 1429
provisions of state law or similar law of another jurisdiction: 1430
(w) Section 787.07, relating to hu man smuggling. 1431
Section 40. Paragraph (e) of subsection (4) and paragraph 1432
(i) of subsection (5) of section 456.074, Florida Statutes, are 1433
amended to read: 1434
456.074 Certain health care practitioners; immediate 1435
suspension of license. — 1436
(4) The department shall issue an emergency order 1437
suspending the license of a massage therapist and establishment 1438
as those terms are defined in chapter 480 upon receipt of 1439
information that the massage therapist; the designated 1440
establishment manager as defined in chapter 48 0; an employee of 1441
the establishment; a person with an ownership interest in the 1442
establishment; or, for a corporation that has more than $250,000 1443
of business assets in this state, the owner, officer, or 1444
individual directly involved in the management of the 1445
establishment has been arrested for committing or attempting, 1446
soliciting, or conspiring to commit, or convicted or found 1447
guilty of, or has entered a plea of guilty or nolo contendere 1448
to, regardless of adjudication, a violation of s. 796.07 or a 1449
felony offense under any of the following provisions of state 1450
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law or a similar provision in another jurisdiction: 1451
(e) Section 787.07, relating to human smuggling. 1452
(5) The department shall issue an emergency order 1453
suspending the license of any health care practiti oner who is 1454
arrested for committing or attempting, soliciting, or conspiring 1455
to commit any act that would constitute a violation of any of 1456
the following criminal offenses in this state or similar 1457
offenses in another jurisdiction: 1458
(i) Section 787.07, rela ting to human smuggling. 1459
Section 41. Paragraph (e) of subsection (6) of section 1460
480.041, Florida Statutes, is amended to read: 1461
480.041 Massage therapists; qualifications; licensure; 1462
endorsement.— 1463
(6) The board shall deny an application for a new or 1464
renewal license if an applicant has been convicted or found 1465
guilty of, or enters a plea of guilty or nolo contendere to, 1466
regardless of adjudication, a violation of s. 796.07(2)(a) which 1467
is reclassified under s. 796.07(7) or a felony offense under any 1468
of the following provisions of state law or a similar provision 1469
in another jurisdiction: 1470
(e) Section 787.07, relating to human smuggling. 1471
Section 42. Paragraph (e) of subsection (8) of section 1472
480.043, Florida Statutes, is amended to read: 1473
480.043 Massage establishments; requisites; licensure; 1474
inspection; human trafficking awareness training and policies. — 1475
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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
(8) The department shall deny an application for a new or 1476
renewal license if an establishment owner or a designated 1477
establishment manager or, for a corporation that has more than 1478
$250,000 of business assets in this state, an establishment 1479
owner, a designated establishment manager, or any individual 1480
directly involved in the management of the establishment has 1481
been convicted of or entered a plea of gui lty or nolo contendere 1482
to any misdemeanor or felony crime, regardless of adjudication, 1483
related to prostitution or related acts as described in s. 1484
796.07 or a felony offense under any of the following provisions 1485
of state law or a similar provision in anothe r jurisdiction: 1486
(e) Section 787.07, relating to human smuggling. 1487
Section 43. Subsection (2) of section 775.30, Florida 1488
Statutes, is amended to read: 1489
775.30 Terrorism; defined; penalties. — 1490
(2) A person who violates s. 782.04(1)(a)1. or (2), s. 1491
782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 1492
787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, 1493
s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 1494
806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 1495
859.01, or s. 876.34, in furtherance of intimidating or coercing 1496
the policy of a government, or in furtherance of affecting the 1497
conduct of a government by mass destruction, assassination, or 1498
kidnapping, commits the crime of terrorism, a felony of the 1499
first degree, punishable as provided in s. 775.082, s. 775.083, 1500
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or s. 775.084. 1501
Section 44. Subsection (1) of section 794.056, Florida 1502
Statutes, is amended to read: 1503
794.056 Rape Crisis Program Trust Fund. — 1504
(1) The Rape Crisis Program Trust Fund is created within 1505
the Department of Health for the purpose of providing funds for 1506
rape crisis centers in this state. Trust fund moneys shall be 1507
used exclusively for the purpose of providing services for 1508
victims of sexual assault. Funds credited to the trust fund 1509
consist of those funds collected as an additional court 1510
assessment in each case in which a defendant pleads guilty or 1511
nolo contendere to, or is found guilty of, regardless of 1512
adjudication, an offense provided in s . 775.21(6) and (10)(a), 1513
(b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 1514
784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 1515
784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 1516
787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 1517
former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 1518
796.06; s. 796.07(2)(a) -(d) and (i); s. 800.03; s. 800.04; s. 1519
810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 1520
825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847. 0135(2); s. 1521
847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), 1522
(13), and (14)(c); or s. 985.701(1). Funds credited to the trust 1523
fund also shall include revenues provided by law, moneys 1524
appropriated by the Legislature, and grants from public or 1525
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private entities. 1526
Section 45. Paragraph (d) of subsection (3) of section 1527
921.0022, Florida Statutes, is amended to read: 1528
921.0022 Criminal Punishment Code; offense severity 1529
ranking chart.— 1530
(3) OFFENSE SEVERITY RANKING CHART 1531
(d) LEVEL 4 1532
1533
Florida
Statute
Felony
Degree Description
1534
104.155 3rd Unqualified noncitizen electors
voting; aiding or soliciting
noncitizen electors in voting.
1535
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.
1536
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
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transaction statements.
1537
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
1538
517.07(1) 3rd Failure to register securities.
1539
517.12(1) 3rd Failure of dealer or associated
person of a dealer of
securities to register.
1540
784.031 3rd Battery by strangulation.
1541
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
1542
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
1543
784.075 3rd Battery on detention or
commitment facility staff.
1544
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
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certain fluids or materials.
1545
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
1546
784.081(3) 3rd Battery on specified official
or employee.
1547
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
1548
784.083(3) 3rd Battery on code inspector.
1549
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
1550
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
1551
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
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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
proceedings.
1552
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
1553
787.07 3rd Human smuggling.
1554
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
1555
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
1556
790.115(2)(c) 3rd Possessing firearm on school
property.
1557
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
1558
800.04(7)(c) 3rd Lewd or lascivious exhibition;
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offender less than 18 years.
1559
806.135 2nd Destroying or demolishing a
memorial or historic property.
1560
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
1561
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
1562
810.06 3rd Burglary; possession of tools.
1563
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
1564
810.145(3)(b) 3rd Digital voyeurism
dissemination.
1565
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
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or more but less than $20,000.
1566
812.014
(2)(c)4. &
6.-10.
3rd Grand theft, 3rd degree;
specified items.
1567
812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750
or more taken from dwelling or
its unenclosed curtilage.
1568
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.
1569
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
1570
817.505(4)(a) 3rd Patient brokering.
1571
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
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893.03(5) drugs.
1572
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
1573
817.5695(3)(c) 3rd Exploitation of person 65 years
of age or older, value less
than $10,000.
1574
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
1575
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
1576
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
1577
836.14(2) 3rd Person who commits theft of a
sexually explicit image with
intent to promote it.
1578
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836.14(3) 3rd Person who willfully possesses
a sexually explicit image with
certain knowledge, intent, and
purpose.
1579
837.02(1) 3rd Perjury in official
proceedings.
1580
837.021(1) 3rd Make contradictory statements
in official proceedings.
1581
838.022 3rd Official misconduct.
1582
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
1583
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
1584
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
1585
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843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
1586
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
1587
843.19(2) 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
1588
847.0135(5)(c) 3rd Lewd or lascivious exhi bition
using computer; offender less
than 18 years.
1589
870.01(3) 2nd Aggravated rioting.
1590
870.01(5) 2nd Aggravated inciting a riot.
1591
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
1592
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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
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).
1593
914.14(2) 3rd Witnesses accepting bribes.
1594
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
1595
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
1596
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
1597
918.12 3rd Tampering with jurors.
1598
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
1599
944.47(1)(a)6. 3rd Introduction of contraband
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(cellular telephone or other
portable communication device)
into correctional institution.
1600
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.
1601
Section 46. Section 938.085, Florida Statutes, is amended 1602
to read: 1603
938.085 Additional cost to fund rape crisis centers. —In 1604
addition to any sanction imposed when a person pleads guilty or 1605
nolo contendere to, or is found guilty of, regardless of 1606
adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 1607
(g); s. 784.011; s. 7 84.021; s. 784.03; s. 784.041; s. 784.045; 1608
s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1609
784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 1610
787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1611
796.03; former s. 796.035; s . 796.04; s. 796.05; s. 796.06; s. 1612
796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 1613
810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 1614
827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 1615
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847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and 1616
(14)(c); or s. 985.701(1), the court shall impose a surcharge of 1617
$151. Payment of the surcharge shall be a condition of 1618
probation, community control, or any other court -ordered 1619
supervision. The sum of $150 of the surcharge shall be deposited 1620
into the Rape Crisis Program Trust Fund established within the 1621
Department of Health by chapter 2003 -140, Laws of Florida. The 1622
clerk of the court shall retain $1 of each surcharge that the 1623
clerk of the court collects as a service charge of the cle rk's 1624
office. 1625
Section 47. This act shall take effect July 1, 2025. 1626