Florida SB 304: Violations of State Immigration Laws

Bill Text

304 
Violations of State Immigration Laws 
2025-10-28T08:07:45Z 
Requiring the Department of Law Enforcement to impose a fine for certain violations; requiring the department to use the moneys collected from such fines to provide compensation to victims harmed by unauthorized aliens; requiring the department to develop a program to compensate residents who have suffered harm caused by unauthorized aliens; creating a cause of action against certain local governmental entities and law enforcement agencies under certain circumstances, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 304 

 By Senator Martin 

 33-00594-26 2026304__ 
 1 A bill to be entitled 
 2 An act relating to violations of state immigration 
 3 laws; amending s. 908.11, F.S.; requiring the 
 4 Department of Law Enforcement to impose a fine for 
 5 certain violations; requiring the department to use 
 6 the moneys collected from such fines to provide 
 7 compensation to victims harmed by unauthorized aliens; 
 8 creating s. 908.14, F.S.; defining the term 
 9 “unauthorized alien”; requiring the department to 
 10 develop a program to compensate residents who have 
 11 suffered harm caused by unauthorized aliens; providing 
 12 eligibility requirements for receiving compensation; 
 13 requiring the department to adopt rules; creating s. 
 14 908.15, F.S.; defining the term “unauthorized alien”; 
 15 creating a cause of action against certain local 
 16 governmental entities and law enforcement agencies 
 17 under certain circumstances; requiring the plaintiff 
 18 in such actions to prove certain elements by a 
 19 preponderance of the evidence; providing that the 
 20 state waives sovereign immunity for liability under 
 21 certain circumstances; amending s. 768.28, F.S.; 
 22 conforming a provision to changes made by the act; 
 23 providing an effective date. 
 24 
 25 Be It Enacted by the Legislature of the State of Florida: 
 26 
 27 Section 1. Subsection (3) is added to section 908.11, 
 28 Florida Statutes, to read: 
 29 908.11 Immigration enforcement assistance agreements; 
 30 reporting requirement.— 
 31 (3) The Department of Law Enforcement shall impose a fine 
 32 of $10,000 for each violation of this section and shall use the 
 33 moneys collected from such fines to provide compensation to 
 34 victims harmed by unauthorized aliens pursuant to s. 908.14. 
 35 Section 2. Section 908.14, Florida Statutes, is created to 
 36 read: 
 37 908.14 Compensation for victims of unauthorized aliens.— 
 38 (1) As used in this section, the term “unauthorized alien” 
 39 has the same meaning as in s. 908.111. 
 40 (2) The Department of Law Enforcement shall develop a 
 41 program to compensate residents who have suffered harm caused by 
 42 an unauthorized alien. 
 43 (3) In order to be eligible to receive compensation under 
 44 this section: 
 45 (a) The act or omission that caused the harm must have 
 46 occurred in this state on or after July 1, 2026; 
 47 (b) The preponderance of the evidence must show that an 
 48 unauthorized alien materially contributed to the harm for which 
 49 compensation is sought; and 
 50 (c) The person seeking compensation must complete a form 
 51 prescribed by the department. 
 52 (4) The Department of Law Enforcement shall adopt rules to 
 53 administer this section. 
 54 Section 3. Section 908.15, Florida Statutes, is created to 
 55 read: 
 56 908.15 Cause of action for wrongful death caused by an 
 57 unauthorized alien.— 
 58 (1) As used in this section, the term “unauthorized alien” 
 59 has the same meaning as in s. 908.111. 
 60 (2) The estate of a person killed by an unauthorized alien 
 61 has a cause of action against: 
 62 (a) A local governmental entity or law enforcement agency 
 63 that has a sanctuary policy in violation of s. 908.103. 
 64 (b) A law enforcement agency in violation of s. 908.11 or 
 65 in violation of the agreement required under that section. 
 66 (3) A plaintiff in such action must show by a preponderance 
 67 of the evidence that a failure to cooperate or comply fully with 
 68 federal immigration authorities or with an immigration detainer 
 69 materially contributed to an unauthorized alien causing the 
 70 decedent’s death. 
 71 (4) Notwithstanding s. 768.28, and in accordance with s. 
 72 13, Art. X of the State Constitution, the state waives sovereign 
 73 immunity for liability for torts under this section. 
 74 Section 4. Subsection (21) is added to section 768.28, 
 75 Florida Statutes, to read: 
 76 768.28 Waiver of sovereign immunity in tort actions; 
 77 recovery limits; civil liability for damages caused during a 
 78 riot; limitation on attorney fees; statute of limitations; 
 79 exclusions; indemnification; risk management programs.— 
 80 (21) This section does not apply to an action brought under 
 81 s. 908.15. 
 82 Section 5. This act shall take effect July 1, 2026.