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FL H0003

FL H0003
Immigration


summary

Introduced
02/10/2025
In Committee
02/10/2025
Crossed Over
Passed
Dead
02/25/2025

Introduced Session

Potential new amendment
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 hb3c-00 HB 3C 2025C 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"; hb3c-00 HB 3C 2025C providing an effective date.

AI Summary

This bill creates new legal provisions specifically targeting unauthorized aliens in Florida, establishing stringent criminal penalties for immigration-related offenses. The legislation defines "unauthorized alien" and creates three new sections of law that criminalize certain entry and reentry actions by individuals without legal immigration status. First, the bill makes it a misdemeanor for an unauthorized alien to knowingly enter Florida by evading immigration inspection, with mandatory minimum jail sentences ranging from 9 months to 2 years depending on prior convictions. Second, it establishes criminal penalties for unauthorized aliens who reenter the state after previously being deported or removed, with mandatory minimum sentences of 1 year and 1 day to 5 years based on the individual's criminal history. The bill also mandates that law enforcement notify federal immigration authorities and the state Department of Law Enforcement upon arresting an unauthorized alien and prohibits such individuals from accessing diversion programs. Additionally, the bill includes a controversial provision requiring courts to impose the death penalty on unauthorized aliens convicted of capital felonies. The legislation aims to create more severe consequences for unauthorized immigration and mandates strict enforcement protocols for law enforcement agencies, with the stated goal of deterring unauthorized entry and protecting state residents.

Committee Categories

Budget and Finance

Sponsors (2)

Last Action

Laid on Table, companion bill(s) passed, see SB 4-C (Ch. 2025-2) (on 02/13/2025)

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