Florida SB 168: Federal Immigration Enforcement

Bill Text

168 
Federal Immigration Enforcement 
2018-12-18T10:41:25Z 
Citing this act as the “Rule of Law Adherence Act”; creating provisions relating to federal immigration enforcement; prohibiting sanctuary policies; requiring state entities, local governmental entities, and law enforcement agencies to comply with and support the enforcement of federal immigration law; authorizing local governmental entities and law enforcement agencies to petition the Federal Government for reimbursement of certain costs; providing whistle-blower protections for persons who report violations; requiring repeal of existing sanctuary policies within a specified period, etc. 
Original Filed Version 
2019 
S 
GB 
General Bill 
__ 

 Florida Senate - 2019 SB 168 

 By Senator Gruters 

 23-00406A-19 2019168__ 
 1 A bill to be entitled 
 2 An act relating to federal immigration enforcement; 
 3 providing a short title; creating chapter 908, F.S., 
 4 relating to federal immigration enforcement; providing 
 5 legislative findings and intent; providing 
 6 definitions; prohibiting sanctuary policies; requiring 
 7 state entities, local governmental entities, and law 
 8 enforcement agencies to comply with and support the 
 9 enforcement of federal immigration law; prohibiting 
 10 restrictions by such entities and agencies on taking 
 11 certain actions with respect to information regarding 
 12 a person’s immigration status; providing requirements 
 13 concerning certain criminal defendants subject to 
 14 immigration detainers or otherwise subject to transfer 
 15 to federal custody; authorizing a law enforcement 
 16 agency to transport an alien unlawfully present in the 
 17 United States under certain circumstances; providing 
 18 an exception to reporting requirements for crime 
 19 victims or witnesses; requiring recordkeeping relating 
 20 to crime victim and witness cooperation in certain 
 21 investigations; specifying duties concerning certain 
 22 arrested persons; specifying duties concerning 
 23 immigration detainers; authorizing a board of county 
 24 commissioners to adopt an ordinance to recover costs 
 25 for complying with an immigration detainer; 
 26 authorizing local governmental entities and law 
 27 enforcement agencies to petition the Federal 
 28 Government for reimbursement of certain costs; 
 29 requiring reports of violations; providing penalties 
 30 for failure to report violations; providing whistle 
 31 blower protections for persons who report violations; 
 32 requiring the Attorney General to prescribe and 
 33 provide the format for submitting complaints; 
 34 providing requirements for entities to comply with 
 35 document requests from state attorneys concerning 
 36 violations; providing for investigation of possible 
 37 violations; providing for injunctive relief and civil 
 38 penalties; providing for venue; requiring written 
 39 findings; prohibiting the expenditure of public funds 
 40 for specified purposes; providing a civil cause of 
 41 action for personal injury or wrongful death 
 42 attributed to a sanctuary policy; providing that a 
 43 trial by jury is a matter of right; requiring written 
 44 findings; providing for ineligibility to receive 
 45 certain funding for a specified period of time; 
 46 providing for applicability to certain education 
 47 records; prohibiting discrimination on specified 
 48 grounds; providing for implementation; requiring 
 49 repeal of existing sanctuary policies within a 
 50 specified period; providing effective dates. 
 51 
 52 Be It Enacted by the Legislature of the State of Florida: 
 53 
 54 Section 1. Short title.—This act may be cited as the “Rule 
 55 of Law Adherence Act.” 
 56 Section 2. Chapter 908, Florida Statutes, consisting of 
 57 sections 908.101-908.402, is created to read: 
 58 CHAPTER 908 
 59 FEDERAL IMMIGRATION ENFORCEMENT 
 60 PART I 
 61 FINDINGS AND INTENT AND DEFINITIONS 
 62 908.101 Legislative findings and intent.—The Legislature 
 63 finds that it is an important state interest that state and 
 64 local governmental entities and their officials have an 
 65 affirmative duty to all citizens and other persons lawfully 
 66 present in the United States to assist the Federal Government in 
 67 the enforcement of federal immigration laws within this state, 
 68 including their compliance with federal immigration detainers. 
 69 The Legislature further finds that it is an important state 
 70 interest that, in the interest of public safety and adherence to 
 71 federal law, this state support federal immigration enforcement 
 72 efforts and ensure that such efforts are not impeded or thwarted 
 73 by state or local laws, policies, practices, procedures, or 
 74 customs. State and local governmental entities and their 
 75 officials who encourage persons unlawfully present in the United 
 76 States to locate within this state or who shield such persons 
 77 from personal responsibility for their unlawful actions breach 
 78 this du