summary
Introduced
02/10/2025
02/10/2025
In Committee
02/10/2025
02/10/2025
Crossed Over
02/13/2025
02/13/2025
Passed
02/13/2025
02/13/2025
Dead
Signed/Enacted/Adopted
02/14/2025
02/14/2025
Introduced Session
2025 Third Special Session
Bill Summary
An act relating to immigration; providing a directive to the Division of Law Revision; creating s. 811.101, F.S.; defining the terms “removal” and “unauthorized alien”; creating s. 811.102, F.S.; providing criminal penalties for adult unauthorized aliens who knowingly enter or attempt to enter this state after entering the United States by eluding or avoiding examination or inspection by immigration officers; providing a mandatory minimum term of imprisonment; providing enhanced criminal penalties for second or subsequent convictions; providing mandatory minimum terms of imprisonment; prohibiting the arrest of unauthorized aliens under specified circumstances; providing affirmative defenses; requiring a court to presume that no conditions of release can reasonably assure the presence of an unauthorized alien arrested for certain violations at trial and to order the detention of such an unauthorized alien arrested for such a violation pending disposition of the case; specifying that such aliens are not eligible for any civil citation or other prearrest or postarrest diversion program; requiring the arresting law enforcement agency to notify certain entities of the unauthorized alien’s arrest; creating s. 811.103, F.S.; providing criminal penalties for an adult unauthorized alien who, after having been denied admission, excluded, deported, or removed or having departed the United States during the time an order of exclusion, deportation, or removal is outstanding, thereafter enters, attempts to enter, or is at any time found in this state; providing exceptions; providing a mandatory minimum term of imprisonment; providing enhanced criminal penalties for an unauthorized alien whose arrest for such violations was after convictions for the commission of specified offenses; requiring a court to presume that no conditions of release can reasonably assure the presence of an unauthorized alien arrested for certain violations at trial and to order the detention of such an unauthorized alien arrested for such a violation pending disposition of the case; specifying that such aliens are not eligible for any civil citation or other prearrest or postarrest diversion program; requiring the arresting law enforcement agency to notify certain entities of the unauthorized alien’s arrest; creating s. 921.1426, F.S.; requiring a court to sentence a defendant who is an unauthorized alien and who is convicted or adjudicated guilty of a capital felony to a sentence of death; defining the term “unauthorized alien”; providing an effective date.
AI Summary
This bill creates new Florida state laws specifically targeting unauthorized aliens, with three key sections establishing criminal penalties for unauthorized entry and reentry into the state. The bill defines "removal" as the departure of an unauthorized alien from the United States through specific immigration proceedings, and "unauthorized alien" as referenced in another existing state statute. For first-time unauthorized entry into Florida after evading immigration inspection, the bill establishes a mandatory minimum 9-month imprisonment for adults, with escalating penalties for subsequent offenses - increasing to a 1-year and 1-day minimum for a second offense and 2 years for third or more offenses. The bill includes some exceptions, such as not arresting unauthorized aliens who report or witness crimes, and provides affirmative defenses like having been granted lawful presence by the federal government. Additionally, the bill requires law enforcement to notify federal immigration authorities and the state Department of Law Enforcement upon arresting an unauthorized alien and mandates that such individuals be detained pending trial with no access to diversion programs. In a particularly stringent provision, the bill also stipulates that an unauthorized alien convicted of a capital felony must receive the death penalty. The legislation is designed to create more severe state-level consequences for unauthorized immigration beyond federal immigration enforcement.
Sponsors (2)
Last Action
Chapter No. 2025-2 (on 02/14/2025)
Official Document
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