Bill > H1435

Introduced Session

An act relating to immigration and state-issued identification; providing a short title and purpose of the act; amending s. 20.60, F.S.; establishing the Office for New Americans in the Department of Commerce; providing responsibilities of the Office for New Americans; amending s. 322.08, F.S.; requiring proof of a specified identification number for certain applicants for a driver license; deleting a provision authorizing the Department of Highway Safety and Motor Vehicles to require applicants to produce certain documents from the United States Department of Homeland Security for certain purposes; authorizing additional specified documents issued by foreign governments to satisfy proof-of-identity requirements; providing that a driver license or temporary permit issued based on specified documents is valid for a specified period; deleting a provision authorizing applications to include fingerprints and other unique biometric means of identity; amending s. 322.12, F.S.; prohibiting the Department of Highway Safety and Motor Vehicles from waiving certain tests for applicants who provide proof of identity using specified foreign documents; amending s. 322.142, F.S.; providing a short title; defining the term "agency that primarily enforces immigration law"; prohibiting the Department of Highway Safety and Motor Vehicles from disclosing or making accessible certain photographs and related information to any agency that primarily enforces immigration law or to any employee or agent of such agency; providing exceptions; requiring that the department notify a person about whom certain information was requested; requiring that the department require a person or entity to certify specified information before such person or entity receives or has access to certain information; requiring such person or entity to keep certain records for a specified period; requiring that such records be maintained in a manner and form prescribed by department rule and be available for inspection by the department; amending ss. 322.17, 322.18, and 322.19, F.S.; requiring a licensee to obtain a duplicate or replacement instruction permit or driver license, renew a driver license, or change his or her name or address, respectively, in person and upon submission of specified identification documents under certain circumstances; repealing s. 395.3027, F.S., relating to patient immigration status data collection; amending s. 402.308, F.S.; prohibiting certain entities from denying a license to a child care facility based on immigration status; amending s. 448.095, F.S.; removing requirement for certain private employers to use the E-Verify System; removing prohibition on employers from continuing to employ certain persons; authorizing employers, state contractors, and subcontractors to use the Employment Eligibility Verification form to verify work authorization status; removing provisions requiring subcontractors to provide a certain affidavit, terminating certain contracts, and providing a cause of action; amending s. 454.021, F.S.; removing provisions relating to a person's immigration status when admitting persons to practice law in this state; amending ss. 760.01, 760.05, 760.07, 760.08, 760.10, 760.23, 760.24, 760.25, 760.26, 760.29, and 760.60, F.S.; providing that discrimination based on a person's immigration status is unlawful; creating s. 760.45, F.S.; prohibiting a person or entity from discriminating against an individual because the individual holds or presents a driver license that does not comply with the REAL ID Act of 2005; prohibiting an employer from requiring an employee to present a driver license; providing exceptions; providing construction; prohibiting the state or a local government, an agent acting on behalf of the state or a local government, or a program or activity that receives financial assistance from the state from discriminating against an individual because the individual holds or presents a driver license that does not comply with the REAL ID Act of 2005; amending s. 775.0848, F.S.; revising the reclassification of certain penalties for offenses committed by persons who have been previously convicted of a crime relating to the reentry of removed aliens; repealing s. 787.07, F.S., relating to human smuggling; repealing ss. 908.103, 908.105, and 908.106, F.S., relating to the prohibition of sanctuary policies, duties relating to immigration detainees, and the reimbursement of costs, respectively; amending ss. 908.102 and 908.107, F.S.; conforming provisions to changes made by the act; amending s. 908.104, F.S.; requiring certain law enforcement agencies to facilitate a certain screening by a public defender of a person subject to a federal immigration detainer who is in the agency's custody; requiring such screening to be in the preferred language of the detainee; authorizing law enforcement agencies to decline to comply with a federal immigration detainer under certain circumstances; removing provisions relating to cooperation with federal immigration authorities; creating s. 908.1041, F.S.; providing definitions; prohibiting local law enforcement agencies and officers, sheriff's deputies, and federal immigration agencies from engaging in or cooperating with immigration enforcement activities or engaging in or cooperating with immigration enforcement activities pursuant to the Unauthorized Alien Transport Program within a specified distance of public or private schools, child care facilities, or religious institutions; providing an exception; requiring law enforcement agencies to submit to the Department of Law Enforcement a report within a specified timeframe; providing requirements for the report; amending s. 908.11, F.S.; prohibiting law enforcement agencies from entering into or renewing an immigration enforcement assistance agreement beginning on a date certain; requiring certain agencies to update the Department of Law Enforcement on the status of active or pending agreements starting on a date certain; requiring the department to establish certain training on immigration enforcement; repealing s. 921.1426, F.S., relating to sentence of death for capital offense committed by unauthorized alien; amending s. 943.325, F.S.; authorizing, rather than requiring, certain qualifying offenders to submit a DNA sample to a law enforcement agency; prohibiting law enforcement agencies from forcibly extracting DNA samples from certain persons; amending s. 1002.31, F.S.; requiring district school boards to provide preferential treatment relating to open enrollment to specified children, regardless of their immigration status; amending s. 1003.21, F.S.; requiring specified children, regardless of their immigration status, to be admitted to their parent's or guardian's school of choice; amending s. 1009.26, F.S.; requiring specified entities to waive out-of-state fees for postsecondary and graduate students if certain conditions are met; revising the conditions under which such entities must waive out-of-state fees; providing that a student who receives a fee waiver is still eligible for state financial aid; amending s. 1009.40, F.S.; prohibiting the denial of resident status for purposes of financial aid to certain students based solely on their immigration status; amending ss. 435.04, 456.074, 480.041, 480.043, 775.30, 794.056, 921.0022, and 938.085, F.S.; conforming provisions to changes made by the act; providing an effective date.

Committee Categories

Dotie Joseph (D)*,  Kevin Chambliss (D), 

Indefinitely postponed and withdrawn from consideration (on 05/03/2025)

Official Document