THE BILL ITSELF
HB 229
Violation of State Immigration Law
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A bill to be entitled
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An act relating to violation of state immigration law;
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providing a short title; amending s. 908.11, F.S.;
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requiring the Department of Law Enforcement to impose
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a fine for certain violations; requiring the moneys be
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used for a specified purpose; creating s. 908.14,
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F.S.; defining the term "unauthorized alien";
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authorizing the department to develop a program to
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compensate certain persons; providing requirements to
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receive compensation; requiring the department to
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develop rules; creating s. 908.15, F.S.; defining the
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term "unauthorized alien"; creating a cause of action
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against certain local governmental entities and law
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enforcement agencies; requiring the plaintiff to prove
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certain elements by a preponderance of the evidence;
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providing that the state waives sovereign immunity for
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liability in certain circumstances; amending s.
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768.28, F.S.; conforming provisions to changes made by
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the act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Shane Jones Act."
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Section 2. Subsection (3) is added to section 908.11,
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Florida Statutes, to read:
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908.11 Immigration enforcement assistance agreements;
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reporting requirement; penalty.—
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(3) The Department of Law Enforcement shall impose a fine
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of $10,000 against a law enforcement agency for each violation
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of this section. The department shall use the moneys collected
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from these fines to provide compensation to victims of
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unauthorized aliens pursuant to s. 908.14.
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Section 3. Section 908.14, Florida Statutes, is created to
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read:
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908.14 Compensation for victims of unauthorized aliens.—
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(1) As used in this section, the term "unauthorized alien"
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has the same meaning as in s. 908.111(1).
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(2) The Department of Law Enforcement may develop a
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program to compensate residents of this state who have suffered
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harm caused by an unauthorized alien.
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(3) In order to be eligible for compensation under this
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section:
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(a) The act or omission which caused the harm must have
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occurred in this state on or after July 1, 2026.
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(b) The preponderance of the evidence must show that an
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unauthorized alien materially contributed to the harm for which
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compensation is sought.
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(c) The person seeking compensation must complete a form
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prescribed by the Department of Law Enforcement.
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(4) The Department of Law Enforcement shall develop rules
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to administer this section.
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Section 4. Section 908.15, Florida Statutes, is created to
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read:
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908.15 Cause of action for wrongful death caused by an
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unauthorized alien.—
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(1) As used in this section, the term "unauthorized alien"
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has the same meaning as in s. 908.111(1).
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(2) The estate of a person killed by an unauthorized alien
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has a cause of action against:
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(a) A local governmental entity or law enforcement agency
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that has a sanctuary policy in violation of s. 908.103.
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(b) A law enforcement agency in violation of s. 908.11 or
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in violation of the agreement required under that section.
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(3) A plaintiff must show by a preponderance of the
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evidence that a failure by a local governmental entity or law
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enforcement agency to cooperate or fully comply with federal
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immigration authorities or with an immigration detainer allowed
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an unauthorized alien to have materially contributed to the
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decedent's death.
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(4) Notwithstanding s. 768.28, and in accordance with s.
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13, Art. X of the State Constitution, the state waives sovereign
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immunity for liability for torts under this section.
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Section 5. Subsection (21) is added to section 768.28,
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Florida Statutes, to read:
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768.28 Waiver of sovereign immunity in tort actions;
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recovery limits; civil liability for damages caused during a
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riot; limitation on attorney fees; statute of limitations;
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exclusions; indemnification; risk management programs.—
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(21) This section does not apply to actions brought under
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s. 908.15.
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Section 6. This act shall take effect July 1, 2026.