Florida Senate - 2019                                    SB 1566
       By Senator Torres
       15-01772A-19                                          20191566__
    1                        A bill to be entitled                      
    2         An act relating to enforcement of federal laws;
    3         creating ch. 908, F.S., entitled “Federal Immigration
    4         Enforcement”; creating ss. 908.101-908.109, F.S.;
    5         providing a short title; providing legislative intent;
    6         providing definitions; prohibiting state and local law
    7         enforcement agencies, school law enforcement officers,
    8         and security agencies from certain actions for
    9         purposes of immigration enforcement; providing
   10         exceptions; requiring state and local law enforcement
   11         agencies to review confidentiality policies and, if
   12         necessary, revise such policies; prohibiting state and
   13         local law enforcement agencies and health care
   14         providers from making an inquiry or recording
   15         information concerning the immigration status of
   16         certain persons; authorizing a limited inquiry and
   17         recording of information under certain circumstances;
   18         providing that certain persons who are unable to
   19         afford legal counsel are entitled to representation;
   20         requiring the Attorney General, K-12 public schools
   21         and public postsecondary educational institutions,
   22         hospitals, and courthouses to develop and publicize
   23         certain policies; requiring the Attorney General to
   24         prescribe a format for submittal of complaints;
   25         authorizing the Attorney General and state attorneys
   26         to institute injunctive proceedings; providing
   27         severability; providing an effective date.
   29         WHEREAS, the Legislature finds that one in five residents
   30  of this state is foreign born and one in three children in this
   31  state has at least one immigrant parent, and
   32         WHEREAS, immigrants are valuable and essential members of
   33  our community and a relationship of trust between immigrants and
   34  state and local law enforcement agencies is central to public
   35  safety, and
   36         WHEREAS, the Legislature concurs in the finding and
   37  recommendation of former President Barack Obama’s Task Force on
   38  21st Century Policing that, whenever possible, state and local
   39  law enforcement agencies should not be involved in federal
   40  immigration enforcement, and
   41         WHEREAS, state and local law enforcement agencies operate
   42  with limited resources and personnel, and involvement in federal
   43  immigration enforcement diverts these already limited resources
   44  and personnel away from state and local matters, and
   45         WHEREAS, state and local law enforcement agencies are not
   46  reimbursed by the Federal Government for the full cost of
   47  responding to immigration holds, immigration detainers, hold
   48  requests, notification requests, and transfer requests, which
   49  can lead to the expenditure of resources to pay for detention
   50  time and the administrative costs of tracking and responding to
   51  requests from the Federal Government, and
   52         WHEREAS, unlike criminal detainers, which are supported by
   53  a judicial determination of probable cause, United States
   54  Immigration and Customs Enforcement (ICE) detainers are issued
   55  by immigration authorities without any authorization or
   56  oversight by a judge or other neutral decisionmaker and without
   57  an established standard of proof, such as reasonable suspicion
   58  or probable cause, which has led to the erroneous placement of
   59  immigration detainers on lawful citizens, and
   60         WHEREAS, according to ICE’s records, between fiscal year
   61  2008 and fiscal year 2012, more than 800 detainers were issued
   62  for lawful citizens and nondeportable immigrants, and
   63         WHEREAS, the federal 287(g) program can result in a person
   64  being held and transferred for detention without regard to the
   65  circumstances of the arrest, including whether the arrest was
   66  made mistakenly or as part of an investigation without pressing
   67  charges, and
   68         WHEREAS, detention denies lawful status to victims or
   69  witnesses to crimes who may otherwise be eligible for lawful
   70  status through U visas or T visas, and
   71         WHEREAS, state law does not authorize local law enforcement
   72  agencies to arrest or detain individuals for federal immigration
   73  purposes, and
   74         WHEREAS, state and local law enforcement involvement in
   75  federal immigration enforcement raises constitutional concerns
   76  regarding the Equal Protection Clause and the Fourth Amendment,
   77  and
   78         WHEREAS, federal courts have repeatedly held that detention
   79  by a local law enforcement agency at the request of ICE of an
   80  individual suspected of immigration violations violates the
   81  Fourth Amendment to the United States Constitution and governing
   82  federal law, and
   83         WHEREAS, it is the intent of the Legislature that this act
   84  not be construed as providing, expanding, or ratifying the legal
   85  authority for any state or local law enforcement agency to
   86  arrest or detain an individual for immigration purposes, NOW,
   89  Be It Enacted by the Legislature of the State of Florida:
   91         Section 1. Chapter 908, Florida Statutes, consisting of
   92  sections 908.101 through 908.109, Florida Statutes, is created
   93  and entitled “Federal Immigration Enforcement,” to read:
   94                             CHAPTER 908                           
   95                   FEDERAL IMMIGRATION ENFORCEMENT                 
   96         908.101Short title.—This chapter may be cited as the
   97  “Florida Trust Act.”
   98         908.102Legislative intent.—It is the intent of the
   99  Legislature to protect the safety and constitutional rights of
  100  residents of this state and to direct the state’s limited
  101  resources to matters of greatest concern to state and local
  102  governments.
  103         908.103Definitions.—As used in this chapter, the term:
  104         (1)“Civil immigration warrant” means a warrant for a
  105  violation of federal immigration law and includes a warrant
  106  entered in the Immigration Violator File of the National Crime
  107  Information Center database.
  108         (2)“Immigration authority” means an officer, employee, or
  109  person employed by or acting as an agent of the United States
  110  Immigration and Customs Enforcement, or a division thereof, or
  111  an officer, employee, or person employed by or acting as an
  112  agent of the United States Department of Homeland Security who
  113  is charged with immigration enforcement under 8 U.S.C. s. 1357
  114  of the Immigration and Nationality Act.
  115         (3)“Immigration enforcement” means an investigation or
  116  enforcement, or assistance in the investigation or enforcement,
  117  of any federal immigration law, including such laws that
  118  penalize a person’s presence in, entry or reentry to, or
  119  employment in the United States, including, but not limited to,
  120  a violation of 8 U.S.C. s. 1253, s. 1324(c), s. 1325, or s.
  121  1326.
  122         (4)“Immigration hold,” “hold request,” “notification
  123  request,” or “transfer request” means an immigration detainer
  124  request issued by an immigration authority, pursuant to 8 C.F.R.
  125  s. 287.7, to a local or state law enforcement agency to
  126  facilitate the arrest or transfer of an individual to federal
  127  immigration custody; maintain custody of an individual for a
  128  period not to exceed 48 hours, excluding Saturdays, Sundays, and
  129  holidays; and advise the immigration authority before the
  130  release of such individual.
  131         (5)“Immigration status” or “immigration status
  132  information” means the lawful or unlawful status of an
  133  individual under federal laws and regulations.
  134         (6)“Judicial warrant” means a warrant based on probable
  135  cause which authorizes an immigration authority to take into
  136  custody the person who is the subject of such warrant. Such
  137  warrant must be issued by a judge appointed pursuant to Article
  138  III of the United States Constitution or a federal magistrate
  139  judge appointed pursuant to 28 U.S.C. s. 631.
  140         (7)“Law enforcement officer” means a person who is
  141  elected, appointed, or employed full time by a municipality, the
  142  state, or a political subdivision thereof who is authorized to
  143  make arrests and whose primary responsibility is the prevention
  144  and detection of crime or the enforcement of state penal,
  145  criminal, traffic, or highway laws. The term includes all
  146  certified supervisory and command personnel whose duties
  147  include, in whole or in part, the supervision, training,
  148  guidance, and management responsibilities of a full-time law
  149  enforcement officer, part-time law enforcement officer,
  150  auxiliary law enforcement officer, or support personnel employed
  151  by an employing agency.
  152         (8)“School law enforcement officer” means a person who is
  153  a law enforcement officer under chapter 943 and is employed by a
  154  law enforcement agency or district school board. If the officer
  155  is employed by a district school board, the district school
  156  board is the employing agency for purposes of chapter 943 and
  157  must comply with the provisions of that chapter.
  158         908.104State and local law enforcement agencies, school
  159  law enforcement officers, and security agencies.—
  160         (1)A state or local law enforcement agency, school law
  161  enforcement officer, or security agency may not use agency
  162  resources or personnel to investigate, arrest, or detain a
  163  person for purposes of immigration enforcement. Such resources
  164  include, but are not limited to, labor and resources expended
  165  in:
  166         (a)Responding to a hold request, notification request, or
  167  transfer request from an immigration authority.
  168         (b)Responding to a request from an immigration authority
  169  for information not publicly available regarding a person’s
  170  release date, home address, or work address for purposes of
  171  immigration enforcement.
  172         (c)Making an arrest based on a civil immigration warrant.
  173         (d)Performing functions of an immigration officer pursuant
  174  to 8 U.S.C. s. 1357(g) or any other law, regulation, or policy,
  175  whether formal or informal.
  176         (2)A state or local law enforcement agency, school law
  177  enforcement officer, security agency, or other state agency may
  178  not make an agency database available for purposes of
  179  immigration enforcement or for purposes of an investigation or
  180  enforcement related to a federal program requiring registration
  181  of an individual on the basis of race, gender, disability,
  182  sexual orientation, gender identity, religion, immigration
  183  status, or national or ethnic origin. Any agreement to make
  184  available a database in conflict with this subsection which is
  185  in existence on July 1, 2019, is invalid.
  186         (3)This section does not prevent a state or local law
  187  enforcement agency from responding to a court order issued by an
  188  immigration authority for information about a person’s previous
  189  criminal arrests or convictions.
  190         (4)This section may not be construed to confer any
  191  authority beyond that which existed before the enactment of this
  192  section on a state or local law enforcement agency, school law
  193  enforcement officer, or security agency to detain a person based
  194  on a civil immigration warrant.
  195         (5)This section supersedes any conflicting policy, rule,
  196  procedure, or practice within this state. This section may not
  197  be construed to prohibit a state or local law enforcement
  198  agency, school law enforcement officer, or security agency from
  199  cooperating with an immigration authority to the extent required
  200  by federal law. This section may not be interpreted or applied
  201  so as to create any power, duty, or obligation in conflict with
  202  any federal law.
  203         908.105Confidentiality policies.—A state or local law
  204  enforcement agency shall review its confidentiality policies and
  205  make any necessary revisions to ensure that information
  206  collected by such agency from an individual is limited in nature
  207  and may not be used or disclosed beyond the specifically
  208  authorized purpose for which it is collected.
  209         908.106Access to immigration status information.—
  210         (1)A state or local law enforcement agency, or agent
  211  thereof, or a health care provider may not make any inquiry or
  212  record information concerning the immigration status of a person
  213  who:
  214         (a)Is seeking assistance, services, or benefits for
  215  himself or herself, a family or household member, or any other
  216  potential beneficiary of such assistance, services, or benefits.
  217         (b)Contacts, approaches, or requests, or is in need of,
  218  assistance from a law enforcement agency.
  219         (2)A limited inquiry and recording of information
  220  concerning the relevant person may be made when, as documented
  221  with specificity in such agency’s, employee’s, agent’s, or
  222  health care provider’s case record of the matter, such person’s
  223  immigration status is:
  224         (a)Directly relevant as a lawful criterion for such
  225  person’s eligibility for the specific method of assistance,
  226  services, or benefits sought by the person;
  227         (b)Directly relevant to the subject matter of a specific,
  228  ongoing state or local law enforcement investigation;
  229         (c)Specifically required by such agency, or agent thereof,
  230  or health care provider by state or federal law;
  231         (d)Requested by a health care provider for the person’s
  232  benefit, including, but not limited to, the referral of such
  233  person to benefits and services he or she may be eligible for,
  234  except that the immigration status of such person may not be
  235  documented in any medical record and may not be disclosed for
  236  any purpose; or
  237         (e)Requested for the person’s benefit by a specific agency
  238  that is tasked with assisting such person in matters related to
  239  such person’s immigration status, except that the status of such
  240  person may not be disclosed for any purpose.
  241         908.107Entitlement to representation for removal
  242  proceedings.—A person against whom there is probable cause to
  243  commence a removal proceeding or against whom such a proceeding
  244  has been commenced and who is unable to afford legal counsel is
  245  entitled to representation and related assistance by assigned
  246  counsel, if the person resided in or was detained in this state
  247  and was present in this state when questioned, taken into
  248  custody, charged, summoned, or presented with allegations of the
  249  removal proceedings.
  250         908.108Accessibility of public schools, hospitals, and
  251  courthouses.—
  252         (1)The Attorney General shall develop and provide, through
  253  the Department of Legal Affairs’ website, model policies for K
  254  12 public schools and public postsecondary educational
  255  institutions, hospitals, and courthouses to ensure safety and
  256  accessibility in these locations to all residents of this state,
  257  regardless of immigration status.
  258         (2)K-12 public schools and public postsecondary
  259  educational institutions, hospitals, and courthouses shall
  260  develop and make public policies that limit assistance with
  261  immigration enforcement on their premises to the fullest extent
  262  possible consistent with federal and state law.
  263         908.109Violations.—
  264         (1)The Attorney General shall prescribe and provide
  265  through the Department of Legal Affairs’ website the format for
  266  a person to submit a complaint alleging a violation of this
  267  chapter. This section does not prohibit filing an anonymous
  268  complaint or submitting a complaint in another format.
  269         (2)The Attorney General or a state attorney may institute
  270  proceedings in circuit court to enjoin a state entity, state
  271  official, law enforcement agency, local governmental entity,
  272  local governmental official, school law enforcement officer, or
  273  security agency found to be in violation of this chapter.
  274         Section 2. The provisions of this act are severable. If any
  275  provision of this act or its application is held invalid, that
  276  invalidity shall not affect other provisions or applications
  277  that can be given effect without the invalid provision or
  278  application.
  279         Section 3. This act shall take effect July 1, 2019.