Bill > S0002

Introduced Session

An act relating to immigration; providing a short title; amending s. 14.23, F.S.; providing that the Commissioner of Agriculture is the only person responsible for serving as liaison between certain entities regarding federal immigration laws; authorizing the Commissioner of Agriculture to appoint an employee to serve in a specific capacity; creating s. 19.55, F.S.; providing that the Commissioner of Agriculture is the chief immigration officer; providing responsibilities for such position; creating s. 19.56, F.S.; creating the Local Law Enforcement Immigration Grant Program within the Office of State Immigration Enforcement within the Division of Law Enforcement under the Department of Agriculture and Consumer Services for specified purposes; providing the process for awarding grants; prohibiting grants from being awarded for certain activities; requiring the office to adopt rules; creating s. 19.57, F.S.; creating the Local Law Enforcement Federal Participation Incentive Program within the Office of State Immigration Enforcement within the Division of Law Enforcement under the Department of Agriculture and Consumer Services for specified purposes; requiring the office to prescribe the procedure and application for the program and distribution of bonus payments; prohibiting awards from being made for certain activities; providing the process for awarding bonus payments; requiring the office to adopt rules; amending s. 20.14, F.S.; revising the division structure within the Department of Agriculture and Consumer Services; authorizing the department to establish certain offices; creating s. 104.155, F.S.; providing criminal penalties for certain persons who vote in an election; prohibiting certain defenses from being raised; providing criminal penalties for a person who takes certain actions with specified knowledge; amending s. 252.36, F.S.; providing construction; amending s. 288.061, F.S.; requiring the Department of Commerce to take specified actions when notified of noncompliance with specified economic development incentive application requirements; amending ss. 319.001 and 320.01, F.S.; defining the term “valid passport”; amending s. 322.02, F.S.; providing legislative intent; amending s. 322.033, F.S.; providing legislative intent; specifying that certain driver licenses issued by other states exclusively to unauthorized aliens are invalid in this state and do not authorize the holder to operate motor vehicles in this state; amending s. 322.08, F.S.; revising the types of documents that may be used as proof of identity for application for certain licenses; amending s. 322.121, F.S.; revising the exceptions to the prohibitions on a person being identified as a “Safe Driver”; revising the time period for making certain notifications to the department in order to be identified as a “Safe Driver”; amending s. 322.19, F.S.; requiring a person who has become a citizen of the United States to obtain specified replacement documents within a certain time; amending s. 395.3027, F.S.; revising reporting requirements related to patient immigration status; amending s. 448.09, F.S.; conforming provisions to changes made by the act; amending s. 448.095, F.S.; revising the entities responsible for enforcing provisions relating to employment eligibility; revising the trust fund into which certain funds are deposited; amending s. 480.0535, F.S.; expanding the parties required to receive a certain notice related to massage establishments; creating s. 775.0824, F.S.; providing legislative intent; defining terms; providing sentencing requirements for dangerous unauthorized alien offenders; providing construction; amending s. 775.0848, F.S.; expanding the classification of crimes that may be reclassified in certain circumstances; amending s. 874.03, F.S.; revising the definition of the term “criminal gang”; defining the term “transnational crime organization”; amending s. 895.02, F.S.; revising the definition of the term “racketeering activity”; amending s. 903.046, F.S.; expanding the criteria the court must consider when making bail determinations; amending s. 907.041, F.S.; expanding circumstances a pretrial release service must certify to the court; expanding the information required to be reported to a state attorney after an arrest; amending s. 908.101, F.S.; providing additional legislative findings; amending s. 908.102, F.S.; defining the terms “chief immigration officer” and “office”; creating s. 908.1031, F.S.; creating the Office of State Immigration Enforcement within the Division of Law Enforcement under the Department of Agriculture and Consumer Services for specified purposes; requiring the office to employ certain personnel; providing powers, duties, and qualifications for such personnel; providing certain authority and powers of such personnel; providing reporting requirements; providing that the office serves a specified purpose; authorizing the office to adopt rules; amending s. 908.104, F.S.; requiring specified parties to provide certain information to a federal immigration agency; expanding the criteria for receiving a certain exemption; revising applicability; creating s. 908.1041, F.S.; requiring cooperation and coordination between specified entities in the enforcement of immigration laws; requiring the approval of the state immigration officer for certain actions related to agreements or contracts; creating s. 908.1042, F.S.; creating the State Immigration Enforcement Council; providing the purpose, membership, compensation, staff, meetings, and duties of the council; authorizing the Office of State Immigration Enforcement to adopt rules; amending s. 908.105, F.S.; requiring law enforcement agencies that have custody of specified persons to notify the state attorney; requiring the chief immigration officer to initiate judicial proceedings in the name of the state under specified circumstances; requiring a court, upon a certain finding, to declare invalid specified ordinances, regulations, rules, or policies and issue a permanent injunction; prohibiting a certain defense from being raised; requiring the court to issue a fine if it makes a certain determination; prohibiting the use of public funds under certain circumstances; providing an exception; conforming a cross-reference; amending s. 908.107, F.S.; authorizing the chief immigration officer to present certain evidence to the Governor and make certain recommendations and to file suit against certain entities and agencies for a specified purpose; amending s. 908.11, F.S.; revising the entities required to enter into certain agreements with the United States Immigration and Customs Enforcement; requiring that entities that do not enter into such agreements by a specified date take certain actions; creating s. 908.13, F.S.; providing construction; authorizing the chief immigration officer to issue a state of emergency in specified circumstances; authorizing the issuance, amendment, and renewal of certain orders, proclamations, and rules that meet certain conditions; requiring emergency orders to be disseminated in a specified manner; requiring such orders be filed with specified parties; providing an exception; authorizing the Legislature to take certain actions relating to a state of emergency declared by the chief immigration officer; requiring the chief immigration officer to issue a certain order in specified circumstances; requiring that certain declarations and orders be filed in a specified manner with the Division of Administrative Hearings; requiring the division to make all such declarations and orders available in a searchable format; requiring a certain link be placed on the Department of Agriculture and Consumer Services website; requiring the chief immigration officer to take certain actions during a specified state of emergency; requiring the chief immigration officer to request certain assistance during specified states of emergency; amending s. 921.0022, F.S.; ranking an offense created by the act on the offense severity ranking chart of the Criminal Punishment Code; creating s. 921.1426, F.S.; requiring a court to sentence unauthorized aliens convicted of specified crimes to death; defining the term “unauthorized alien”; amending s. 943.03, F.S.; requiring the Department of Law Enforcement to coordinate with the chief immigration officer for a certain purpose; amending s. 943.03101, F.S.; conforming provisions to changes made by the act; amending s. 943.0311, F.S.; requiring the Chief of Domestic Security to coordinate with the chief immigration officer for a certain purpose; amending ss. 943.0312 and 943.0313, F.S.; conforming provisions to changes made by the act; amending s. 1009.26, F.S.; revising eligibility for certain fee waivers; requiring that students receiving such a waiver be reevaluated for eligibility beginning on a certain date; requiring that certain agreements and contracts replace one party with a specified entity; requiring the transfer of certain rules; authorizing the Office of State Immigration Enforcement to adopt emergency rules; providing requirements for such rules; providing legislative findings; requiring the Department of Military Affairs and local law enforcement to work with the Office of State Immigration Enforcement for a specified purpose; amending chapter 2023-3, Laws of Florida; conforming provisions to changes made by the act; requiring the Division of Law Enforcement to evaluate a specified program and make recommendations by a certain date; prohibiting the renewal or issuance of certain executive orders; providing appropriations; authorizing the establishment of certain positions; requiring the reversion of the unexpended balance of certain funds; providing for immediate release of specified funds; providing effective dates. WHEREAS, the United States has long welcomed immigrants to this country, and WHEREAS, federal law provides many pathways for immigrants to become permanent lawful residents and citizens of the United States and to enter the country temporarily for work, education, and tourism, and WHEREAS, the state welcomes lawful immigrants who love freedom, recognize the equality and intrinsic value and worth of all individuals, wish to follow the law, and who seek to contribute to our state’s peace, security, cultural vibrancy, and prosperity, and WHEREAS, the previous federal administration substantially ignored its duties under federal law to deter and prevent illegal immigration and remove illegal immigrants, and WHEREAS, representatives of the previous federal administration repeatedly claimed the “border is secure,” despite the fact that millions of immigrants entered the United States illegally, outside of designated border crossings, and WHEREAS, illegal immigrants caught crossing the southwest border illegally included dangerous criminals on the terrorist watch list, some of whom were released into the United States by the previous federal administration, and WHEREAS, the open border policies of the previous federal administration have allowed drug cartels to smuggle massive amounts of illegal drugs, including fentanyl, across the border and into American communities, causing loss of American lives and dangerous, deadly situations for first responders, and WHEREAS, SM 1020 (2024) urged the federal government to designate drug cartels as foreign terrorist organizations, and WHEREAS, President Trump, in his executive order Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists, implemented a policy to ensure the total elimination of these organizations’ presence in the United States and their ability to threaten the territory, safety, and security of our country, and WHEREAS, instead of deterring and preventing illegal immigration, the previous federal administration and sanctuary jurisdictions invited, administered, and oversaw an unprecedented flood of illegal immigration into the United States, encouraging people to illegally cross the border, putting themselves in danger as well as allowing dangerous individuals to enter and commit crimes across the country at a high cost to the American people, and WHEREAS, the previous federal administration and sanctuary jurisdictions, through their actions incentivizing illegal entry into our county, caused great financial harm to the nation and communities, and WHEREAS, in response to the border crisis caused by the previous federal administration, the Florida Legislature passed enhanced state laws to combat illegal immigration, making Florida a national leader in fighting illegal immigration, and WHEREAS, SB 168 (2019) prohibited a state entity, local governmental entity, or law enforcement agency from having a sanctuary policy, and WHEREAS, SB 168 (2019) required a county correctional facility to enter into an agreement with a federal immigration agency for the payment of costs associated with housing and detaining defendants, and WHEREAS, SB 1718 (2023) helped to protect citizens from the financial costs of illegal immigration, competition in the labor force from illegal immigrants who drive down wages for citizens, and security risks created by some illegal immigrants and gangs of criminal illegal immigrants, and WHEREAS, SB 1718 (2023) increased criminal penalties for human-smuggling of children and persons the offender knew to have unlawfully entered the United States, and WHEREAS, SB 1718 (2023) required widespread use of E-Verify to deny employment to illegal immigrants who are not authorized to work in this country, and WHEREAS, SB 1718 (2023) increased penalties for using false identification documents to obtain employment, and WHEREAS, SB 1718 (2023) declared as invalid driver licenses issued by other states that did not require proof of lawful presence in the United States, and WHEREAS, SB 1718 (2023) required persons in the custody of a law enforcement agency and subject to an immigration detainer to submit a DNA sample, and WHEREAS, SB 1718 (2023) required the reporting of data to aid in the estimation of the cost of health care provided to illegal immigrants, and WHEREAS, HB 1589 (2024) increased the criminal penalties for repeated offenses of driving without a valid driver license, and WHEREAS, SB 1036 (2024) increased criminal penalties when people convicted of illegal reentry commit a felony or commit a crime that furthers the interests of a transnational crime organization, and WHEREAS, HB 1451 (2024) and SB 1718 (2023) prohibited counties and municipalities from funding and accepting identification cards knowingly issued by organizations to individuals not lawfully present in the United States, and WHEREAS, uninsured drivers increase the cost of auto insurance and a national survey indicated half of adult illegal immigrants drive without auto insurance, and WHEREAS, the Department of Corrections estimated the cost to house 4,653 illegal immigrant inmates in 2023 exceeded $143 million, and WHEREAS, according to the Department of Education, for the 2022-2023 school year, there were 152,437 immigrant children enrolled in the public schools at a cost of approximately $8,000 per student, and WHEREAS, President Trump, within his first hours of office, issued several executive orders to protect American citizens and interests and secure the nation’s borders, and WHEREAS, the President of the United States has the authority under the Immigration and Nationality Act, as well as inherent authority under Article II of the Constitution, to prevent the physical entry of illegal aliens into the United States across the southern border, and WHEREAS, President Trump declared the existence of a national emergency at the southern border of the United States and has declared his intent to take every lawful action at his disposal to address the crisis and take back control from the previous federal administration’s abdication of its responsibility to enforce the border, and WHEREAS, President Trump stated the policy of the United States is to secure the borders, and ordered the border be secured through various means, including federal-state partnerships with local law enforcement agencies to enforce federal immigration priorities, detaining and removing aliens apprehended for violations of immigration law, and ending the “catch-and-release” practices of previous administrations, and WHEREAS, President Trump declared the new national direction for federal agencies to take all appropriate action to protect the public safety and national security interests of the American people by ensuring the successful enforcement of federal laws, including order of removal and stopping illegal entry, and WHEREAS, President Trump has indicated his guarantee the federal government will take all appropriate steps to protect the American public against the invasion of unknown persons attempting to illegally enter the United States, and WHEREAS, President Trump has ordered the federal laws related to the process of entry of migrants to be enforced, instead of ignored or side-stepped as in the previous administration, and such vigilant security and stringent verification will protect Americans and identify criminals or those intending harm before they ever are admitted or enter the United States, and WHEREAS, on January 21, 2025, the new acting commandant of the United States Coast Guard directed operational commanders to immediately surge assets, including cutters, aircraft, boats, and specialized forces, to areas around this state to prevent a maritime mass migration from Haiti or Cuba and to detect and deter drug smuggling, and WHEREAS, President Trump has suspended the U.S. Refugee Admissions Program to provide relief to small cities and towns which have seen significant influxes of migrants, and because American communities lack the ability to absorb large numbers of migrants, and in particular, refugees, in a manner that does not compromise the availability of resources for Americans, that protects American safety and security, and that ensures the appropriate assimilation of refugees, and WHEREAS, the numerous executive orders entered by President Trump demonstrate the federal government will finally end policies detrimental to lawful citizens and will enforce the laws of this country to combat illegal immigration, protect victims of crimes committed by illegal immigrants, reduce cost burdens related to illegal aliens, including ending public benefits, and protect our borders, and WHEREAS, it is necessary to detail immigration enforcement responsibilities in Florida law and to centralize those responsibilities in an agency having authority in civil, administrative, and criminal matters, and WHEREAS, the Legislature finds it necessary to rigorously implement both the letter and spirit of President Trump’s plan to secure our border, protect our state and national sovereignty, support Florida law enforcement, and affirm the federal government’s responsibility over immigration, NOW, THEREFORE,

AI Summary

Joe Gruters (R)*,  Randy Fine (R), 

Other Sponsors (1)

Veto Message transmitted to Secretary of State (on 07/17/2025)

Official Document