HB 315 full text · Session Watch

1 A bill to be entitled

2 An act relating to immigration, law enforcement, and

3 state-issued identification; providing a short title

4 and purpose of the act; amending s. 20.60, F.S.;

5 establishing the Office for New Americans in the

6 Department of Commerce; providing responsibilities of

7 the Office for New Americans; amending s. 322.08,

8 F.S.; requiring proof of a specified identification

9 number for certain applicants for a driver license;

10 deleting a provision authorizing the Department of

11 Highway Safety and Motor Vehicles to require

12 applicants to produce certain documents from the

13 United States Department of Homeland Security for

14 certain purposes; authorizing additional specified

15 documents issued by foreign governments to satisfy

16 proof-of-identity requirements; providing that a

17 driver license or temporary permit issued based on

18 specified documents is valid for a specified period;

19 deleting a provision authorizing applications to

20 include fingerprints and other unique biometric means

21 of identity; amending s. 322.12, F.S.; prohibiting the

22 Department of Highway Safety and Motor Vehicles from

23 waiving certain tests for applicants who provide proof

24 of identity using specified foreign documents;

25 amending s. 322.142, F.S.; providing a short title;

26 defining the term "agency that primarily enforces

27 immigration law"; prohibiting the Department of

28 Highway Safety and Motor Vehicles from disclosing or

29 making accessible certain photographs and related

30 information to any agency that primarily enforces

31 immigration law or to any employee or agent of such

32 agency; providing exceptions; requiring that the

33 department notify a person about whom certain

34 information was requested; requiring that the

35 department require a person or entity to certify

36 specified information before such person or entity

37 receives or has access to certain information;

38 requiring such person or entity to keep certain

39 records for a specified period; requiring that such

40 records be maintained in a manner and form prescribed

41 by department rule and be available for inspection by

42 the department; amending ss. 322.17, 322.18, and

43 322.19, F.S.; requiring a licensee to obtain a

44 duplicate or replacement instruction permit or driver

45 license, renew a driver license, or change his or her

46 name or address, respectively, in person and upon

47 submission of specified identification documents under

48 certain circumstances; providing that a license or

49 permit issued based on specified identification

50 documents is valid for a specified period; repealing

51 s. 395.3027, F.S., relating to patient immigration

52 status data collection; amending s. 402.308, F.S.;

53 prohibiting certain entities from denying a license to

54 a child care facility based on immigration status;

55 amending s. 448.095, F.S.; removing requirement for

56 certain private employers to use the E-Verify System;

57 removing prohibition on employers from continuing to

58 employ certain persons; authorizing employers, state

59 contractors, and subcontractors to use the Employment

60 Eligibility Verification form to verify work

61 authorization status; removing provisions requiring

62 subcontractors to provide a certain affidavit,

63 terminating certain contracts, and providing a cause

64 of action; amending s. 454.021, F.S.; removing

65 provisions relating to a person's immigration status

66 when admitting persons to practice law in this state;

67 amending ss. 760.01, 760.05, 760.07, 760.08, 760.10,

68 760.23, 760.24, 760.25, 760.26, 760.29, and 760.60,

69 F.S.; providing that discrimination based on a

70 person's immigration status is unlawful; creating s.

71 760.45, F.S.; prohibiting a person or entity from

72 discriminating against an individual because the

73 individual holds or presents a driver license that

74 does not comply with the REAL ID Act of 2005;

75 prohibiting an employer from requiring an employee to

76 present a driver license; providing exceptions;

77 providing construction; prohibiting the state or a

78 local government, an agent acting on behalf of the

79 state or a local government, or a program or activity

80 that receives financial assistance from the state from

81 discriminating against an individual because the

82 individual holds or presents a driver license that

83 does not comply with the REAL ID Act of 2005; amending

84 s. 775.0848, F.S.; revising the reclassification of

85 certain penalties for offenses committed by persons

86 who have been previously convicted of a crime relating

87 to the reentry of removed aliens; repealing s. 787.07,

88 F.S., relating to human smuggling; amending ss.

89 908.102, 908.1031, 908.1032, and 908.107, F.S.;

90 conforming provisions to changes made by the act;

91 repealing ss. 908.103, 908.105, and 908.106, F.S.,

92 relating to the prohibition of sanctuary policies,

93 duties relating to immigration detainees, and the

94 reimbursement of costs, respectively; amending s.

95 908.104, F.S.; requiring certain law enforcement

96 agencies to facilitate a certain screening by a public

97 defender of a person subject to a federal immigration

98 detainer who is in the agency's custody; requiring

99 such screening to be in the preferred language of the

100 detainee; authorizing law enforcement agencies to

101 decline to comply with a federal immigration detainer

102 under certain circumstances; removing provisions

103 relating to cooperation with federal immigration

104 authorities; creating s. 908.1041, F.S.; providing

105 definitions; prohibiting local law enforcement

106 agencies and officers, sheriff's deputies, and federal

107 immigration agencies from engaging in or cooperating

108 with immigration enforcement activities or engaging in

109 or cooperating with immigration enforcement activities

110 pursuant to the Unauthorized Alien Transport Program

111 within a specified distance of public or private

112 schools, child care facilities, or religious

113 institutions; providing an exception; requiring law

114 enforcement agencies to submit to the Department of

115 Law Enforcement a report within a specified timeframe;

116 providing requirements for the report; providing

117 disciplinary actions; amending s. 908.11, F.S.;

118 prohibiting the sheriff or the chief correctional

119 officer operating a county detention facility from

120 entering into or renewing an immigration enforcement

121 assistance agreement beginning on a date certain;

122 requiring certain agencies to update the Department of

123 Law Enforcement on the status of active or pending

124 agreements starting on a date certain; requiring the

125 department to establish certain training on

126 immigration enforcement; creating s. 908.14, F.S.;

127 providing a short title; providing definitions;

128 requiring covered immigration officers to wear

129 specified visible identification during public

130 immigration enforcement functions; providing

131 requirements for such visible identification;

132 prohibiting covered immigration officers from wearing

133 face coverings that impair the visibility of

134 identifying information or obscure a covered

135 immigration officer's face; providing an exception;

136 providing duties of the State Board of Immigration

137 Enforcement; requiring the State Immigration

138 Enforcement Council to submit to the Legislature a

139 specified report by a date certain; repealing s.

140 921.1426, F.S., relating to sentence of death for

141 capital offense committed by unauthorized alien;

142 amending s. 943.1718, F.S.; providing definitions;

143 prohibiting law enforcement officers from wearing face

144 coverings in the performance of their official duties;

145 requiring specified advance notice be given to the

146 sheriff under certain circumstances; providing

147 applicability; providing criminal penalties; requiring

148 the Department of Law Enforcement to adopt rules;

149 amending s. 943.325, F.S.; authorizing, rather than

150 requiring, certain qualifying offenders to submit a

151 DNA sample to a law enforcement agency; prohibiting

152 law enforcement agencies from forcibly extracting DNA

153 samples from certain persons; amending s. 1000.05,

154 F.S.; providing definitions; prohibiting a child in

155 this state from being denied a free public education

156 based on the perceived or actual immigration status of

157 the child or the child's parent or guardian;

158 prohibiting schools from taking certain actions;

159 requiring schools to develop certain procedures by a

160 specified date; providing for a civil cause of action;

161 requiring such action be filed within a certain

162 timeframe; authorizing the court to award certain

163 relief and reasonable attorney fees and costs;

164 requiring schools to adopt certain policies by a

165 specified date; amending s. 1002.31, F.S.; requiring

166 district school boards to provide preferential

167 treatment relating to open enrollment to specified

168 children, regardless of their immigration status;

169 amending s. 1003.21, F.S.; requiring specified

170 children, regardless of their immigration status, to

171 be admitted to their parent's or guardian's school of

172 choice; amending s. 1009.26, F.S.; requiring specified

173 entities to waive out-of-state fees for postsecondary

174 and graduate students if certain conditions are met;

175 revising the conditions under which such entities must

176 waive out-of-state fees; providing that a student who

177 receives a fee waiver is still eligible for state

178 financial aid; amending s. 1009.40, F.S.; prohibiting

179 the denial of resident status for purposes of

180 financial aid to certain students based solely on

181 their immigration status; amending ss. 435.04,

182 456.074, 480.041, 480.043, 775.30, 794.056, 921.0022,

183 and 938.085, F.S.; conforming provisions to changes

184 made by the act; amending s. 501.9741, F.S.;

185 conforming a cross-reference; providing an effective

186 date.

188 Be It Enacted by the Legislature of the State of Florida:

190 (1) This act may be cited as the "Florida Section 1.

191 Economic Prosperity and Immigration Act."

192 (2) The purpose of this act is to show that although the

193 administration of immigration is incredibly complex and

194 immigration regulation is the role of the Federal Government,

195 this state should do its part, when possible, by welcoming,

196 valuing, and upholding the dignity of all immigrants who call

197 the Sunshine State home.

198 Section 2. Paragraph (a) of subsection (3) of section

199 20.60, Florida Statutes, is amended to read:

200 20.60 Department of Commerce; creation; powers and

201 duties.—

202 (3)(a) The following divisions and offices of the

203 Department of Commerce are established:

204 1. The Division of Economic Development.

205 2. The Division of Community Development.

206 3. The Division of Workforce Services.

207 4. The Division of Finance and Administration.

208 5. The Division of Information Technology.

209 6. The Office of the Secretary.

210 7. The Office of Economic Accountability and Transparency,

211 which shall:

212 a. Oversee the department's critical objectives as

213 determined by the secretary and make sure that the department's

214 key objectives are clearly communicated to the public.

215 b. Organize department resources, expertise, data, and

216 research to focus on and solve the complex economic challenges

217 facing the state.

218 c. Provide leadership for the department's priority issues

219 that require integration of policy, management, and critical

220 objectives from multiple programs and organizations internal and

221 external to the department; and organize and manage external

222 communication on such priority issues.

223 d. Promote and facilitate key department initiatives to

224 address priority economic issues and explore data and identify

225 opportunities for innovative approaches to address such economic

226 issues.

227 e. Promote strategic planning for the department.

228 8. The Office for New Americans, which shall:

229 a. Create and implement a statewide strategy and program

230 to foster and promote immigrant and refugee inclusion in this

231 state in order to improve economic mobility, enhance civic

232 participation, and improve receiving communities' openness to

233 immigrants and refugees.

234 b. Address this state's workforce needs by connecting

235 employers and job seekers within the immigrant and refugee

236 community.

237 c. Serve as an information clearinghouse for state

238 agencies on immigration-related policy issues and coordinate

239 among agencies as appropriate to make policy recommendations.

240 d. Act as a point of contact for state licensing boards

241 and other agencies dealing with professional regulations.

242 e. Identify and support implementation of programs and

243 strategies, including the creation of alternative employment

244 pathways, to reduce employment barriers for immigrants and

245 refugees.

246 f. Work with state agencies and community and foundation

247 partners to undertake studies and to research and analyze

248 economic and demographic trends to better understand and serve

249 this state's immigrant and refugee communities.

250 g. Coordinate and establish best practices for language

251 access initiatives for all state agencies.

252 Section 3. Subsection (2) of section 322.08, Florida

253 Statutes, is amended to read:

254 322.08 Application for license; requirements for license

255 and identification card forms.—

256 (2) Each such application shall include the following

257 information regarding the applicant:

258 (a) Full name (first, middle or maiden, and last), gender,

259 proof of social security card number satisfactory to the

260 department, which may include a military identification card,

261 county of residence, mailing address, proof of residential

262 address satisfactory to the department, country of birth, and a

263 brief description. An applicant who cannot provide a social

264 security card number must provide proof of a number associated

265 with a document establishing identity, as specified in paragraph

266 (c).

267 (b) Proof of birth date satisfactory to the department.

268 (c) Proof of identity satisfactory to the department. Such

269 proof must include one of the following documents issued to the

270 applicant:

271 1. A driver license record or identification card record

272 from another jurisdiction which complies with the REAL ID Act of

273 2005, Pub. L. No. 109-13, and which required the applicant to

274 submit a document for identification which is substantially

275 similar to a document required under subparagraph 2.,

276 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph

277 6., subparagraph 7., or subparagraph 8.;

278 2. A certified copy of a United States birth certificate.;

279 3. A valid, unexpired United States passport or passport

280 card.;

281 4. A naturalization certificate issued by the United

282 States Department of Homeland Security.;

283 5. A valid, unexpired alien registration receipt card

284 (green card).;

285 6. A Consular Report of Birth Abroad provided by the

286 United States Department of State.;

287 7. An unexpired employment authorization card issued by

288 the United States Department of Homeland Security.; or

289 8. Proof of any of the following documents ~~nonimmigrant~~

290 ~~classification~~ provided by the United States Department of

291 Homeland Security, for an original driver license. ~~In order to~~

292 ~~prove nonimmigrant classification, an applicant must provide at~~

293 ~~least one of the following documents. In addition, the~~

294 ~~department may require applicants to produce United States~~

295 ~~Department of Homeland Security documents for the sole purpose~~

296 ~~of establishing the maintenance of, or efforts to maintain,~~

297 ~~continuous lawful presence:~~

298 a. A notice of hearing from an immigration court

299 scheduling a hearing on any proceeding.

300 b. A notice from the Board of Immigration Appeals

301 acknowledging pendency of an appeal.

302 c. A notice of the approval of an application for

303 adjustment of status issued by the United States Citizenship and

304 Immigration Services.

305 d. An official documentation confirming the filing of a

306 petition for asylum or refugee status or any other relief issued

307 by the United States Citizenship and Immigration Services.

308 e. A notice of action transferring any pending matter from

309 another jurisdiction to this state issued by the United States

310 Citizenship and Immigration Services.

311 f. An order of an immigration judge or immigration officer

312 granting relief which ~~that~~ authorizes the alien to live and work

313 in the United States, including, but not limited to, asylum.

314 g. Evidence that an application is pending for adjustment

315 of status to that of an alien lawfully admitted for permanent

316 residence in the United States or conditional permanent resident

317 status in the United States, if a visa number is available

318 having a current priority date for processing by the United

319 States Citizenship and Immigration Services.

320 h. An unexpired passport issued by the government of

321 another country with:

322 (I) A stamp or mark affixed by the Federal Government onto

323 the passport to evidence and authorize lawful presence in the

324 United States; or

325 (II) An unexpired I-94, or current permanent resident

326 card, or unexpired immigrant visa, issued by the Federal

327 Government.

328 9. A passport issued by a foreign government.

329 10. A birth certificate issued by a foreign government.

330 11. A consular identification document.

331 12. A national identification card issued by a foreign

332 government.

333 13. A driver license issued by a foreign government. If

334 the foreign driver license is in a language other than English,

335 the driver license must be accompanied by a certified

336 translation or an affidavit of translation into English.

337 14. A school document, including any document issued by a

338 public or private primary or secondary school or a postsecondary

339 institution, college, or university, which either includes the

340 applicant's date of birth or, if a foreign school document, is

341 sealed by the school and includes a photograph of the applicant

342 at the age the record was issued.

343 15. A court document issued by or filed with a state

344 government in which the applicant is named as a party to a court

345 proceeding.

346 16. An income tax return.

347 17. A marriage license on which the applicant is named as

348 a party. If the language on the marriage license is a language

349 other than English, the marriage license must be accompanied by

350 a certified translation or an affidavit of translation into

351 English.

352 18. A judgment for the dissolution of a marriage on which

353 the applicant is named as a party. If the language on the

354 judgment is a language other than English, the judgment must be

355 accompanied by a certified translation or an affidavit of

356 translation into English.

358 A driver license or temporary permit issued based on documents

359 required in subparagraph 7., or subparagraph 8., subparagraph

360 9., subparagraph 10., subparagraph 11., subparagraph 12., or

361 subparagraph 13. is valid for a period not to exceed the

362 expiration date of the document presented or 8 years, whichever

363 date first occurs. A driver license or temporary permit issued

364 based on documents required in subparagraph 14., subparagraph

365 15., subparagraph 16., subparagraph 17., or subparagraph 18. is

366 valid for 8 years ~~1 year.~~

367 (d) Whether the applicant has previously been licensed to

368 drive, and, if so, when and by what state, and whether any such

369 license or driving privilege has ever been disqualified,

370 revoked, or suspended, or whether an application has ever been

371 refused, and, if so, the date of and reason for such

372 disqualification, suspension, revocation, or refusal.

373 ~~(e) Each such application may include fingerprints and~~

374 ~~other unique biometric means of identity.~~

375 Section 4. Subsection (1) of section 322.12, Florida

376 Statutes, is amended to read:

377 322.12 Examination of applicants.—

378 (1) It is the intent of the Legislature that every

379 applicant for an original driver license in this state be

380 required to pass an examination pursuant to this section.

381 However, the department may waive the knowledge, endorsement,

382 and skills tests for an applicant who is otherwise qualified,

383 except for an applicant who provides proof of identity under s.

384 322.08(2)(c)9., 10., 11., 12., 13., 14., 15., 16., 17., or 18.,

385 and who surrenders a valid driver license from another state or

386 a province of Canada, or a valid driver license issued by the

387 United States Armed Forces, if the driver applies for a Florida

388 license of an equal or lesser classification. An applicant who

389 fails to pass the initial knowledge test incurs a $10 fee for

390 each subsequent test, to be deposited into the Highway Safety

391 Operating Trust Fund, except that if a subsequent test is

392 administered by the tax collector, the tax collector shall

393 retain such $10 fee, less the general revenue service charge set

394 forth in s. 215.20(1). An applicant who fails to pass the

395 initial skills test incurs a $20 fee for each subsequent test,

396 to be deposited into the Highway Safety Operating Trust Fund,

397 except that if a subsequent test is administered by the tax

398 collector, the tax collector shall retain such $20 fee, less the

399 general revenue service charge set forth in s. 215.20(1). A

400 person who seeks to retain a hazardous-materials endorsement,

401 pursuant to s. 322.57(1)(e), must pass the hazardous-materials

402 test, upon surrendering his or her commercial driver license, if

403 the person has not taken and passed the hazardous-materials test

404 within 2 years before applying for a commercial driver license

405 in this state.

406 Section 5. Subsection (4) of section 322.142, Florida

407 Statutes, is amended, and subsection (5) is added to that

408 section, to read:

409 322.142 Color photographic or digital imaged licenses;

410 protection of personal information.—

411 (4) The department may maintain a film negative or print

412 file. The department shall maintain a record of the digital

413 images and signatures ~~image and signature~~ of the licensees,

414 together with other data required by the department for

415 identification and retrieval. Reproductions from the file or

416 digital record are exempt from ~~the provisions of~~ s. 119.07(1)

417 and may be made and issued only for any of the following

418 purposes:

419 (a) For departmental administrative purposes.;

420 (b) For the issuance of duplicate licenses.;

421 (c) In response to law enforcement agency requests, except

422 as provided in subsection (5).;

423 (d) To the Department of Business and Professional

424 Regulation and the Department of Health pursuant to an

425 interagency agreement for the purpose of accessing digital

426 images for reproduction of licenses issued by the Department of

427 Business and Professional Regulation or the Department of

428 Health.;

429 (e) To the Department of State or a supervisor of

430 elections pursuant to an interagency agreement to facilitate

431 determinations of eligibility of voter registration applicants

432 and registered voters in accordance with ss. 98.045 and 98.075.;

433 (f) To the Department of Revenue pursuant to an

434 interagency agreement for use in establishing paternity and

435 establishing, modifying, or enforcing support obligations in

436 Title IV-D cases.;

437 (g) To the Department of Children and Families pursuant to

438 an interagency agreement to conduct protective investigations

439 under part III of chapter 39 and chapter 415.;

440 (h) To the Department of Children and Families pursuant to

441 an interagency agreement specifying the number of employees in

442 each of that department's regions to be granted access to the

443 records for use as verification of identity to expedite the

444 determination of eligibility for public assistance and for use

445 in public assistance fraud investigations.;

446 (i) To the Agency for Health Care Administration pursuant

447 to an interagency agreement for the purpose of authorized

448 agencies verifying photographs in the Care Provider Background

449 Screening Clearinghouse authorized under s. 435.12.;

450 (j) To the Department of Financial Services pursuant to an

451 interagency agreement to facilitate the location of owners of

452 unclaimed property, the validation of unclaimed property claims,

453 the identification of fraudulent or false claims, and the

454 investigation of allegations of violations of the insurance code

455 by licensees and unlicensed persons.;

456 (k) To the Department of Commerce pursuant to an

457 interagency agreement to facilitate the validation of

458 reemployment assistance claims and the identification of

459 fraudulent or false reemployment assistance claims.;

460 (l) To district medical examiners pursuant to an

461 interagency agreement for the purpose of identifying a deceased

462 individual, determining cause of death, and notifying next of

463 kin of any investigations, including autopsies and other

464 laboratory examinations, authorized in s. 406.11.;

465 (m) To the following persons for the purpose of

466 identifying a person as part of the official work of a court:

467 1. A justice or judge of this state;

468 2. An employee of the state courts system who works in a

469 position that is designated in writing for access by the Chief

470 Justice of the Supreme Court or a chief judge of a district or

471 circuit court, or by his or her designee; or

472 3. A government employee who performs functions on behalf

473 of the state courts system in a position that is designated in

474 writing for access by the Chief Justice or a chief judge, or by

475 his or her designee.; or

476 (n) To the Agency for Health Care Administration pursuant

477 to an interagency agreement to prevent health care fraud. If the

478 Agency for Health Care Administration enters into an agreement

479 with a private entity to carry out duties relating to health

480 care fraud prevention, such contracts shall include, but need

481 not be limited to:

482 1. Provisions requiring internal controls and audit

483 processes to identify access, use, and unauthorized access of

484 information.

485 2. A requirement to report unauthorized access or use to

486 the Agency for Health Care Administration within 1 business day

487 after the discovery of the unauthorized access or use.

488 3. Provisions for liquidated damages for unauthorized

489 access or use of no less than $5,000 per occurrence.

490 (5)(a) This subsection shall be known and may be cited as

491 the "Driver License Privacy Act."

492 (b) For purposes of this subsection, the term "agency that

493 primarily enforces immigration law" includes, but is not limited

494 to, United States Immigration and Customs Enforcement, United

495 States Customs and Border Protection, or any successor agencies

496 that have similar duties.

497 (c) Except as required for the department to issue or

498 renew a driver license or learner's driver license that meets

499 federal standards for identification, the department may not

500 disclose or make accessible, in any manner, to any agency that

501 primarily enforces immigration law or to any employee or agent

502 of such agency, photographs and related information pertaining

503 to persons whose image or personal identifying information is

504 possessed by the department, unless the department is presented

505 with a lawful court order or judicial warrant signed by a judge

506 appointed under Article III of the United States Constitution.

507 Within 3 days after receiving a request for information under

508 this subsection from such an agency, the department must notify

509 the person about whom such information was requested of the

510 request and the identity of the agency that made such request.

511 (d) Before any person or entity receives or has access to

512 information from the department under this subsection, the

513 department must require such person or entity to certify to the

514 department that the person or entity will not:

515 1. Use such information for civil immigration purposes; or

516 2. Disclose such information to any agency that primarily

517 enforces immigration law or to any employee or agent of any such

518 agency unless such disclosure is pursuant to a cooperative

519 arrangement between municipal, state, and federal agencies, if

520 the arrangement does not enforce immigration law and if the

521 disclosure is limited to the specific information being sought

522 pursuant to the arrangement.

523 (e) In addition to any records required to be kept

524 pursuant to 18 U.S.C. s. 2721(c), any person or entity that

525 receives or has access to information from the department under

526 this subsection must keep both of the following records for a

527 period of 5 years:

528 1. Records of all the uses of such department information.

529 2. Records that identify each person or entity that

530 primarily enforces immigration law which receives such

531 department information from the person or entity.

532 (f) The records identified in paragraph (e) must be

533 maintained in a manner and form prescribed by department rule

534 and must be available for inspection by the department.

535 Section 6. Subsection (3) of section 322.17, Florida

536 Statutes, is amended to read:

537 322.17 Replacement licenses and permits.—

538 (3) Notwithstanding any other provision ~~provisions~~ of this

539 chapter, if a licensee establishes his or her identity for a

540 driver license using an identification document authorized under

541 s. 322.08(2)(c)7.-18. ~~s. 322.08(2)(c)7. or 8.,~~ the licensee may

542 not obtain a duplicate or replacement instruction permit or

543 driver license except in person and upon submission of an

544 identification document authorized under s. 322.08(2)(c)7.-18.

545 ~~s. 322.08(2)(c)7. or 8.~~

546 Section 7. Paragraph (d) of subsection (2) and paragraph

547 (c) of subsection (4) of section 322.18, Florida Statutes, are

548 amended to read:

549 322.18 Original applications, licenses, and renewals;

550 expiration of licenses; delinquent licenses.—

551 (2) Each applicant who is entitled to the issuance of a

552 driver license, as provided in this section, shall be issued a

553 driver license, as follows:

554 (d)1. Notwithstanding any other provision of this chapter,

555 if an applicant establishes his or her identity for a driver

556 license using a document authorized in s. 322.08(2)(c)7.-13. s.

557 ~~322.08(2)(c)7. or 8.,~~ the driver license shall expire 8 years 1

558 ~~year~~ after the date of issuance or upon the expiration date

559 cited on the ~~United States Department of Homeland Security~~

560 documents, whichever date first occurs.

561 2. Notwithstanding any other provision of this chapter, if

562 an applicant establishes his or her identity for a driver

563 license using a document authorized in s. 322.08(2)(c)14.-18.,

564 the driver license shall expire 8 years after the date of

565 issuance.

566 (4)

567 (c)1. Notwithstanding any other provision of this chapter,

568 if a licensee establishes his or her identity for a driver

569 license using an identification document authorized under s.

570 322.08(2)(c)7.-13. ~~s. 322.08(2)(c)7. or 8.,~~ the licensee may not

571 renew the driver license except in person and upon submission of

572 an identification document authorized under s. 322.08(2)(c)7.-

573 13. ~~s. 322.08(2)(c)7. or 8.~~ A driver license renewed under this

574 subparagraph ~~paragraph~~ expires 8 years ~~1 year~~ after the date of

575 issuance or upon the expiration date cited on the ~~United States~~

576 ~~Department of Homeland Security~~ documents, whichever date first

577 occurs.

578 2. Notwithstanding any other provision of this chapter, if

579 a licensee establishes his or her identity for a driver license

580 using an identification document authorized under s.

581 322.08(2)(c)14.-18., the licensee may only renew the driver

582 license in person and upon submission of an identification

583 document authorized under s. 322.08(2)(c)14.-18. A driver

584 license renewed under this subparagraph expires 8 years after

585 the date of issuance.

586 Section 8. Subsection (5) of section 322.19, Florida

587 Statutes, is amended to read:

588 322.19 Change of address, name, or citizenship status.—

589 (5) Notwithstanding any other provision of this chapter,

590 if a licensee established his or her identity for a driver

591 license using an identification document authorized under s.

592 322.08(2)(c)7.-18. ~~s. 322.08(2)(c)7. or 8.,~~ the licensee may not

593 change his or her name or address except in person and upon

594 submission of an identification document authorized under s.

595 322.08(2)(c)7.-18. ~~s. 322.08(2)(c)7. or 8.~~

596 Section 9. Section 395.3027, Florida Statutes, is

597 repealed.

598 Section 10. Subsection (6) is added to section 402.308,

599 Florida Statutes, to read:

600 402.308 Issuance of license.—

601 (6) IMMIGRATION STATUS.—The department or a local

602 licensing agency may not deny a child care facility a license or

603 a license renewal based solely on the immigration status of a

604 child under the care of the child care facility. Section 11. Paragraph (f) of subsection (2) of section

606 448.095, Florida Statutes, is redesignated as paragraph (e), and

607 paragraphs (b) and (e) of subsection (2), paragraph (a) of

608 subsection (4), subsection (5), and paragraphs (a) and (b) of

609 subsection (6) of that section are amended, to read:

610 448.095 Employment eligibility.—

611 (2) EMPLOYMENT VERIFICATION.—

612 (b)1. A public agency shall use the E-Verify system to

613 verify a new employee's employment eligibility as required under

614 paragraph (a).

615 ~~2. Beginning on July 1, 2023, a private employer with 25~~

616 ~~or more employees shall use the E-Verify system to verify a new~~

617 ~~employee's employment eligibility as required under paragraph~~

618 ~~(a).~~

619 2.3. Each employer required to use the E-Verify system

620 under this paragraph must certify on its first return each

621 calendar year to the tax service provider that it is in

622 compliance with this section when making contributions to or

623 reimbursing the state's unemployment compensation or

624 reemployment assistance system. An employer that voluntarily

625 uses the E-Verify system may also make such a certification on

626 its first return each calendar year in order to document such

627 use.

628 ~~(e) An employer may not continue to employ an unauthorized~~

629 ~~alien after obtaining knowledge that a person is or has become~~

630 ~~an unauthorized alien.~~

631 (4) DEFENSES.—

632 (a) An employer that uses the E-Verify system or, ~~if that~~

633 ~~system is unavailable,~~ the Employment Eligibility Verification

634 form (Form I-9) as provided in paragraph (2)(c), with respect to

635 the employment of an unauthorized alien has established a

636 rebuttable presumption that the employer has not violated s.

637 448.09 with respect to such employment.

638 (5) PUBLIC AGENCY CONTRACTING.—

639 ~~(a)~~ A public agency must require in any contract that the

640 contractor, and any subcontractor thereof, register with and use

641 the E-Verify system or the Employment Eligibility Verification

642 form (Form I-9) to verify the work authorization status of all

643 new employees of the contractor or subcontractor. A public

644 agency or a contractor or subcontractor thereof may not enter

645 into a contract unless each party to the contract registers with

646 and uses the E-Verify system or the Employment Eligibility

647 Verification form (Form I-9).

648 ~~(b) If a contractor enters into a contract with a~~

649 ~~subcontractor, the subcontractor must provide the contractor~~

650 ~~with an affidavit stating that the subcontractor does not~~

651 ~~employ, contract with, or subcontract with an unauthorized~~

652 ~~alien. The contractor shall maintain a copy of such affidavit~~

653 ~~for the duration of the contract.~~

654 ~~(c)1. A public agency, contractor, or subcontractor who~~

655 ~~has a good faith belief that a person or an entity with which it~~

656 ~~is contracting has knowingly violated s. 448.09(1) shall~~

657 ~~terminate the contract with the person or entity.~~

658 ~~2. A public agency that has a good faith belief that a~~

659 ~~subcontractor knowingly violated this subsection, but the~~

660 ~~contractor otherwise complied with this subsection, shall~~

661 ~~promptly notify the contractor and order the contractor to~~

662 ~~immediately terminate the contract with the subcontractor.~~

663 ~~3. A contract terminated under this paragraph is not a~~

664 ~~breach of contract and may not be considered as such. If a~~

665 ~~public agency terminates a contract with a contractor under this~~

666 ~~paragraph, the contractor may not be awarded a public contract~~

667 ~~for at least 1 year after the date on which the contract was~~

668 ~~terminated. A contractor is liable for any additional costs~~

669 ~~incurred by a public agency as a result of the termination of a~~

670 ~~contract.~~

671 ~~(d) A public agency, contractor, or subcontractor may file~~

672 ~~a cause of action with a circuit or county court to challenge a~~

673 ~~termination under paragraph (c) no later than 20 calendar days~~

674 ~~after the date on which the contract was terminated.~~

675 (6) COMPLIANCE.—

676 (a) In addition to the requirements under s. 288.061(6),

677 beginning on July 1, 2024, if the Department of Commerce

678 determines that an employer failed to use the E-Verify system or

679 the Employment Eligibility Verification form (Form I-9) to

680 verify the employment eligibility of employees as required under

681 this section, the department must notify the employer of the

682 department's determination of noncompliance and provide the

683 employer with 30 days to cure the noncompliance.

684 (b) If the Department of Commerce determines that an

685 employer failed to use the E-Verify system or the Employment

686 Eligibility Verification form (Form I-9) as required under this

687 section three times in any 24-month period, the department must

688 impose a fine of $1,000 per day until the employer provides

689 sufficient proof to the department that the noncompliance is

690 cured. Noncompliance constitutes grounds for the suspension of

691 all licenses issued by a licensing agency subject to chapter 120

692 until the noncompliance is cured.

693 Section 12. Subsection (3) of section 454.021, Florida

694 Statutes, is amended to read:

695 454.021 Attorneys; admission to practice law; Supreme

696 Court to govern and regulate.—

697 (3) Upon certification by the Florida Board of Bar

698 Examiners that an applicant ~~who is an unauthorized immigrant who~~

699 ~~was brought to the United States as a minor; has been present in~~

700 ~~the United States for more than 10 years; has received~~

701 ~~documented employment authorization from the United States~~

702 ~~Citizenship and Immigration Services (USCIS); has been issued a~~

703 ~~social security number; if a male, has registered with the~~

704 ~~Selective Service System if required to do so under the Military~~

705 ~~Selective Service Act, 50 U.S.C. App. 453; and~~ has fulfilled all

706 requirements for admission to practice law in this state, the

707 Supreme Court of Florida may admit that applicant as an attorney

708 at law authorized to practice in this state and may direct an

709 order be entered upon the court's records to that effect.

710 Section 13. Subsection (2) of section 760.01, Florida

711 Statutes, is amended to read:

712 760.01 Purposes; construction; title.—

713 (2) The general purposes of the Florida Civil Rights Act

714 of 1992 are to secure for all individuals within the state

715 freedom from discrimination because of race, color, religion,

716 sex, pregnancy, national origin, age, handicap, immigration

717 status, or marital status and thereby to protect their interest

718 in personal dignity, to make available to the state their full

719 productive capacities, to secure the state against domestic

720 strife and unrest, to preserve the public safety, health, and

721 general welfare, and to promote the interests, rights, and

722 privileges of individuals within the state.

723 Section 14. Section 760.05, Florida Statutes, is amended

724 to read:

725 760.05 Functions of the commission.—The commission shall

726 promote and encourage fair treatment and equal opportunity for

727 all persons regardless of race, color, religion, sex, pregnancy,

728 national origin, age, handicap, immigration status, or marital

729 status and mutual understanding and respect among all members of

730 all economic, social, racial, religious, and ethnic groups; and

731 shall endeavor to eliminate discrimination against, and

732 antagonism between, religious, racial, and ethnic groups and

733 their members.

734 Section 15. Section 760.07, Florida Statutes, is amended

735 to read:

736 760.07 Remedies for unlawful discrimination.—Any violation

737 of any Florida statute that makes unlawful discrimination

738 because of race, color, religion, gender, pregnancy, national

739 origin, age, handicap, immigration status, or marital status in

740 the areas of education, employment, or public accommodations

741 gives rise to a cause of action for all relief and damages

742 described in s. 760.11(5), unless greater damages are expressly

743 provided for. If the statute prohibiting unlawful discrimination

744 provides an administrative remedy, the action for equitable

745 relief and damages provided for in this section may be initiated

746 only after the plaintiff has exhausted his or her administrative

747 remedy. The term "public accommodations" does not include lodge

748 halls or other similar facilities of private organizations which

749 are made available for public use occasionally or periodically.

750 The right to trial by jury is preserved in any case in which the

751 plaintiff is seeking actual or punitive damages.

752 Section 16. Section 760.08, Florida Statutes, is amended

753 to read:

754 760.08 Discrimination in places of public accommodation.—

755 All persons are entitled to the full and equal enjoyment of the

756 goods, services, facilities, privileges, advantages, and

757 accommodations of any place of public accommodation without

758 discrimination or segregation on the ground of race, color,

759 national origin, sex, pregnancy, handicap, familial status,

760 immigration status, or religion.

761 Section 17. Subsections (1) and (2), paragraphs (a) and

762 (b) of subsection (3), subsections (4), (5), and (6), and

763 paragraph (a) of subsection (9) of section 760.10, Florida

764 Statutes, are amended to read:

765 760.10 Unlawful employment practices.—

766 (1) It is an unlawful employment practice for an employer:

767 (a) To discharge or to fail or refuse to hire any

768 individual, or otherwise to discriminate against any individual

769 with respect to compensation, terms, conditions, or privileges

770 of employment, because of such individual's race, color,

771 religion, sex, pregnancy, national origin, age, handicap,

772 immigration status, or marital status.

773 (b) To limit, segregate, or classify employees or

774 applicants for employment in any way which would deprive or tend

775 to deprive any individual of employment opportunities, or

776 adversely affect any individual's status as an employee, because

777 of such individual's race, color, religion, sex, pregnancy,

778 national origin, age, handicap, immigration status, or marital

779 status.

780 (2) It is an unlawful employment practice for an

781 employment agency to fail or refuse to refer for employment, or

782 otherwise to discriminate against, any individual because of

783 race, color, religion, sex, pregnancy, national origin, age,

784 handicap, immigration status, or marital status or to classify

785 or refer for employment any individual on the basis of race,

786 color, religion, sex, pregnancy, national origin, age, handicap,

787 immigration status, or marital status.

788 (3) It is an unlawful employment practice for a labor

789 organization:

790 (a) To exclude or to expel from its membership, or

791 otherwise to discriminate against, any individual because of

792 race, color, religion, sex, pregnancy, national origin, age,

793 handicap, immigration status, or marital status.

794 (b) To limit, segregate, or classify its membership or

795 applicants for membership, or to classify or fail or refuse to

796 refer for employment any individual, in any way that would

797 deprive or tend to deprive any individual of employment

798 opportunities, or adversely affect any individual's status as an

799 employee or as an applicant for employment, because of such

800 individual's race, color, religion, sex, pregnancy, national

801 origin, age, handicap, immigration status, or marital status.

802 (4) It is an unlawful employment practice for any

803 employer, labor organization, or joint labor-management

804 committee controlling apprenticeship or other training or

805 retraining, including on-the-job training programs, to

806 discriminate against any individual because of race, color,

807 religion, sex, pregnancy, national origin, age, handicap,

808 immigration status, or marital status in admission to, or

809 employment in, any program established to provide apprenticeship

810 or other training.

811 (5) Whenever, in order to engage in a profession,

812 occupation, or trade, it is required that a person receive a

813 license, certification, or other credential, become a member or

814 an associate of any club, association, or other organization, or

815 pass any examination, it is an unlawful employment practice for

816 any person to discriminate against any other person seeking such

817 license, certification, or other credential, seeking to become a

818 member or associate of such club, association, or other

819 organization, or seeking to take or pass such examination,

820 because of such other person's race, color, religion, sex,

821 pregnancy, national origin, age, handicap, immigration status,

822 or marital status.

823 (6) It is an unlawful employment practice for an employer,

824 labor organization, employment agency, or joint labor-management

825 committee to print, or cause to be printed or published, any

826 notice or advertisement relating to employment, membership,

827 classification, referral for employment, or apprenticeship or

828 other training, indicating any preference, limitation,

829 specification, or discrimination, based on race, color,

830 religion, sex, pregnancy, national origin, age, absence of

831 handicap, immigration status, or marital status.

832 (9) Notwithstanding any other provision of this section,

833 it is not an unlawful employment practice under ss. 760.01-

834 760.10 for an employer, employment agency, labor organization,

835 or joint labor-management committee to:

836 (a) Take or fail to take any action on the basis of

837 religion, sex, pregnancy, national origin, age, handicap,

838 immigration status, or marital status in those certain instances

839 in which religion, sex, condition of pregnancy, national origin,

840 age, absence of a particular handicap, immigration status, or

841 marital status is a bona fide occupational qualification

842 reasonably necessary for the performance of the particular

843 employment to which such action or inaction is related.

844 Section 18. Subsections (1) through (5) of section 760.23,

845 Florida Statutes, are amended to read:

846 760.23 Discrimination in the sale or rental of housing and

847 other prohibited practices.—

848 (1) It is unlawful to refuse to sell or rent after the

849 making of a bona fide offer, to refuse to negotiate for the sale

850 or rental of, or otherwise to make unavailable or deny a

851 dwelling to any person because of race, color, national origin,

852 sex, disability, familial status, immigration status, or

853 religion.

854 (2) It is unlawful to discriminate against any person in

855 the terms, conditions, or privileges of sale or rental of a

856 dwelling, or in the provision of services or facilities in

857 connection therewith, because of race, color, national origin,

858 sex, disability, familial status, immigration status, or

859 religion.

860 (3) It is unlawful to make, print, or publish, or cause to

861 be made, printed, or published, any notice, statement, or

862 advertisement with respect to the sale or rental of a dwelling

863 that indicates any preference, limitation, or discrimination

864 based on race, color, national origin, sex, disability, familial

865 status, immigration status, or religion or an intention to make

866 any such preference, limitation, or discrimination.

867 (4) It is unlawful to represent to any person because of

868 race, color, national origin, sex, disability, familial status,

869 immigration status, or religion that any dwelling is not

870 available for inspection, sale, or rental when such dwelling is

871 in fact so available.

872 (5) It is unlawful, for profit, to induce or attempt to

873 induce any person to sell or rent any dwelling by a

874 representation regarding the entry or prospective entry into the

875 neighborhood of a person or persons of a particular race, color,

876 national origin, sex, disability, familial status, immigration

877 status, or religion.

878 Section 19. Section 760.24, Florida Statutes, is amended

879 to read:

880 760.24 Discrimination in the provision of brokerage

881 services.—It is unlawful to deny any person access to, or

882 membership or participation in, any multiple-listing service,

883 real estate brokers' organization, or other service,

884 organization, or facility relating to the business of selling or

885 renting dwellings, or to discriminate against him or her in the

886 terms or conditions of such access, membership, or

887 participation, on account of race, color, national origin, sex,

888 disability, familial status, immigration status, or religion.

889 Section 20. Subsection (1) and paragraph (a) of subsection (2) of section 760.25, Florida Statutes, are amended to read:

891 760.25 Discrimination in the financing of housing or in

892 residential real estate transactions.—

893 (1) It is unlawful for any bank, building and loan

894 association, insurance company, or other corporation,

895 association, firm, or enterprise the business of which consists

896 in whole or in part of the making of commercial real estate

897 loans to deny a loan or other financial assistance to a person

898 applying for the loan for the purpose of purchasing,

899 constructing, improving, repairing, or maintaining a dwelling,

900 or to discriminate against him or her in the fixing of the

901 amount, interest rate, duration, or other term or condition of

902 such loan or other financial assistance, because of the race,

903 color, national origin, sex, disability, familial status,

904 immigration status, or religion of such person or of any person

905 associated with him or her in connection with such loan or other

906 financial assistance or the purposes of such loan or other

907 financial assistance, or because of the race, color, national

908 origin, sex, disability, familial status, immigration status, or

909 religion of the present or prospective owners, lessees, tenants,

910 or occupants of the dwelling or dwellings in relation to which

911 such loan or other financial assistance is to be made or given.

912 (2)(a) It is unlawful for any person or entity whose

913 business includes engaging in residential real estate

914 transactions to discriminate against any person in making

915 available such a transaction, or in the terms or conditions of

916 such a transaction, because of race, color, national origin,

917 sex, disability, familial status, immigration status, or

918 religion.

919 Section 21. Section 760.26, Florida Statutes, is amended

920 to read:

921 760.26 Prohibited discrimination in land use decisions and

922 in permitting of development.—It is unlawful to discriminate in

923 land use decisions or in the permitting of development based on

924 race, color, national origin, sex, disability, familial status,

925 immigration status, religion, or, except as otherwise provided

926 by law, the source of financing of a development or proposed

927 development.

928 Section 22. Subsection (2) and paragraph (a) of subsection

929 (5) of section 760.29, Florida Statutes, are amended to read:

930 760.29 Exemptions.—

931 (2) Nothing in ss. 760.20-760.37 prohibits a religious

932 organization, association, or society, or any nonprofit

933 institution or organization operated, supervised, or controlled

934 by or in conjunction with a religious organization, association,

935 or society, from limiting the sale, rental, or occupancy of any

936 dwelling which it owns or operates for other than a commercial

937 purpose to persons of the same religion or from giving

938 preference to such persons, unless membership in such religion

939 is restricted on account of race, color, or national origin, or

940 immigration status. Nothing in ss. 760.20-760.37 prohibits a

941 private club not in fact open to the public, which as an

942 incident to its primary purpose or purposes provides lodgings

943 which it owns or operates for other than a commercial purpose,

944 from limiting the rental or occupancy of such lodgings to its

945 members or from giving preference to its members.

946 (5) Nothing in ss. 760.20-760.37:

947 (a) Prohibits a person engaged in the business of

948 furnishing appraisals of real property from taking into

949 consideration factors other than race, color, national origin,

950 sex, disability, familial status, immigration status, or

951 religion.

952 Section 23. Section 760.45, Florida Statutes, is created

953 to read:

954 760.45 Discrimination on the basis of certain driver

955 licenses prohibited.—

956 (1) A person or an entity, including a business

957 establishment or an employer, may not discriminate against an

958 individual because the individual holds or presents a driver

959 license that does not comply with the REAL ID Act of 2005, Pub.

960 L. No. 109-13.

961 (2) An employer may not require an employee to present a

962 driver license unless possessing a driver license is required by

963 law or is lawfully required by the employer. This subsection may

964 not be construed to limit or expand an employer's authority to

965 require an employee to possess a driver license.

966 (3) This section may not be construed to do either of the

967 following:

968 (a) Alter an employer's rights or obligations under the

969 Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding

970 obtaining documentation that evidences identity and

971 authorization for employment.

972 (b) Prohibit any other action taken by an employer which

973 is required under 8 U.S.C. s. 1324a(a).

974 (4) The state or a local government; an agent or a person

975 acting on behalf of the state or a local government; or a

976 program or activity that is funded directly by, or receives

977 financial assistance from, the state may not discriminate

978 against an individual because the individual holds or presents a

979 driver license that does not comply with the REAL ID Act of

980 2005, Pub. L. No. 109-13. This prohibition includes, but is not

981 limited to, notifying a law enforcement agency of the

982 individual's identity or that the individual holds a driver

983 license that does not comply with the REAL ID Act of 2005, Pub.

984 L. No. 109-13, if notification is not required by law or would

985 not have been provided if the individual's driver license had

986 been compliant with such act.

987 Section 24. Subsection (1) of section 760.60, Florida

988 Statutes, is amended to read:

989 760.60 Discriminatory practices of certain clubs

990 prohibited; remedies.—

991 (1) It is unlawful for a person to discriminate against

992 any individual because of race, color, religion, gender,

993 national origin, handicap, age above the age of 21, immigration

994 status, or marital status in evaluating an application for

995 membership in a club that has more than 400 members, that

996 provides regular meal service, and that regularly receives

997 payment for dues, fees, use of space, facilities, services,

998 meals, or beverages directly or indirectly from nonmembers for

999 business purposes. It is unlawful for a person, on behalf of

1000 such a club, to publish, circulate, issue, display, post, or

1001 mail any advertisement, notice, or solicitation that contains a

1002 statement to the effect that the accommodations, advantages,

1003 facilities, membership, or privileges of the club are denied to

1004 any individual because of race, color, religion, gender,

1005 national origin, handicap, age above the age of 21, immigration

1006 status, or marital status. This subsection does not apply to

1007 fraternal or benevolent organizations, ethnic clubs, or

1008 religious organizations where business activity is not

1009 prevalent.

1010 Section 25. Section 775.0848, Florida Statutes, is amended

1011 to read:

1012 775.0848 Commission of a felony after unlawful reentry

1013 into the United States ~~Offenses committed by an unauthorized~~

1014 ~~alien;~~ reclassification.—A person who has been previously

1015 convicted of a crime relating to the reentry of removed aliens

1016 under 8 U.S.C. s. 1326 shall have the penalty for committing a

1017 ~~any misdemeanor or~~ felony after such conviction ~~committed by an~~

1018 ~~unauthorized alien as defined in s. 908.111 shall be~~

1019 reclassified in the following manner:

1020 ~~(1) A misdemeanor of the second degree is reclassified to~~

1021 ~~a misdemeanor of the first degree.~~

1022 ~~(2) A misdemeanor of the first degree is reclassified to a~~

1023 ~~felony of the third degree.~~

1024 (1)(3) A felony of the third degree is reclassified to a

1025 felony of the second degree.

1026 (2)(4) A felony of the second degree is reclassified to a

1027 felony of the first degree.

1028 (3)(5) A felony of the first degree is reclassified to a

1029 life felony.

1030 Section 787.07, Florida Statutes, is repealed. Section 26.

1031 Section 27. Subsection (6) of section 908.102, Florida

1032 Statutes, is amended to read:

1033 908.102 Definitions.—As used in this chapter, the term:

1034 ~~(6) "Sanctuary policy" means a law, policy, practice,~~

1035 ~~procedure, or custom adopted or allowed by a state entity or~~

1036 ~~local governmental entity which prohibits or impedes a law~~

1037 ~~enforcement agency from complying with 8 U.S.C. s. 1373 or which~~

1038 ~~prohibits or impedes a law enforcement agency from communicating~~

1039 ~~or cooperating with a federal immigration agency so as to limit~~

1040 ~~such law enforcement agency in, or prohibit the agency from:~~

1041 ~~(a) Complying with an immigration detainer;~~

1042 ~~(b) Complying with a request from a federal immigration~~

1043 ~~agency to notify the agency before the release of an inmate or~~

1044 ~~detainee in the custody of the law enforcement agency;~~

1045 ~~(c) Providing a federal immigration agency access to an~~

1046 ~~inmate for interview;~~

1047 ~~(d) Participating in any program or agreement authorized~~

1048 ~~under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s.~~

1049 ~~1357 as required by s. 908.11;~~

1050 ~~(e) Providing a federal immigration agency with an~~

1051 ~~inmate's incarceration status or release date;~~

1052 ~~(f) Providing information to a state entity on the~~

1053 ~~immigration status of an inmate or detainee in the custody of~~

1054 ~~the law enforcement agency;~~

1055 ~~(g) Executing a lawful judicial warrant; or~~

1056 ~~(h) Participating in a federal immigration operation with~~

1057 ~~a federal immigration agency as permitted by federal and state~~

1058 ~~law.~~

1059 Section 28. Sections 908.103, 908.105, and 908.106,

1060 Florida Statutes, are repealed.

1061 Section 29. Paragraph (h) is added to subsection (3) of

1062 section 908.1031, Florida Statutes, to read:

1063 908.1031 State Board of Immigration Enforcement; creation;

1064 purpose and duties.—

1065 (3) The board is the chief immigration enforcement officer

1066 of the state and shall:

1067 (h) Investigate any complaints received for violations of

1068 and otherwise enforce the Visible Identification Standards for

1069 Immigration-Based Law Enforcement Act pursuant to s. 908.14.

1070 Section 30. Paragraph (i) is added to subsection (4) of

1071 section 908.1032, Florida Statutes, to read:

1072 908.1032 State Immigration Enforcement Council.—The State

1073 Immigration Enforcement Council, an advisory council as defined

1074 in s. 20.03, is created within the State Board of Immigration

1075 Enforcement for the purpose of advising the board.

1076 (4) The council shall:

1077 (i) Collect data relating to the Visible Identification

1078 Standards for Immigration-Based Law Enforcement Act and, by June

1079 30 of each year, submit to the President of the Senate and the

1080 Speaker of the House of Representatives a report in accordance

1081 with s. 908.14.

1082 Section 31. Section 908.104, Florida Statutes, is amended

1083 to read:

1084 908.104 Cooperation with federal immigration authorities.—

1085 To ensure compliance with Title VII of the Civil Rights Act of

1086 1964,

1087 ~~(1) Consistent with all duties created in state and~~

1088 ~~federal law, state and local law enforcement agencies and any~~

1089 ~~official responsible for directing or supervising such agency~~

1090 ~~shall use best efforts to support the enforcement of federal~~

1091 ~~immigration law. This subsection applies to an official,~~

1092 ~~representative, agent, or employee of the entity or agency only~~

1093 ~~when he or she is acting within the scope of his or her official~~

1094 ~~duties or within the scope of his or her employment.~~

1095 ~~(2) Except as otherwise expressly prohibited by federal~~

1096 ~~law, a state entity, local governmental entity, or law~~

1097 ~~enforcement agency, or an employee, an agent, or a~~

1098 ~~representative of the entity or agency, may not prohibit or in~~

1099 ~~any way restrict a law enforcement agency from taking any of the~~

1100 ~~following actions with respect to information regarding a~~

1101 ~~person's immigration status:~~

1102 ~~(a) Sending the information to or requesting, receiving,~~

1103 ~~or reviewing the information from a federal immigration agency~~

1104 ~~for purposes of this chapter.~~

1105 ~~(b) Recording and maintaining the information for purposes~~

1106 ~~of this chapter.~~

1107 ~~(c) Exchanging the information with a federal immigration~~

1108 ~~agency or another state entity, local governmental entity, or~~

1109 ~~law enforcement agency for purposes of this chapter.~~

1110 ~~(d) Using the information to comply with an immigration~~

1111 ~~detainer.~~

1112 ~~(e) Using the information to confirm the identity of a~~

1113 ~~person who is detained by a law enforcement agency.~~

1114 ~~(f) Sending the applicable information obtained pursuant~~

1115 ~~to enforcement of s. 448.095 to a federal immigration agency.~~

1116 ~~(3) A state entity, local governmental entity, or law~~

1117 ~~enforcement agency may not prohibit or in any way restrict a law~~

1118 ~~enforcement officer from executing or assisting in the execution~~

1119 ~~of a lawful judicial warrant.~~

1120 ~~(4)(a) For purposes of this subsection, the term~~

1121 ~~"applicable criminal case" means a criminal case in which:~~

1122 ~~1. The judgment requires the defendant to be confined in a~~

1123 ~~secure correctional facility; and~~

1124 ~~2. The judge:~~

1125 ~~a. Indicates in the record under s. 908.105 that the~~

1126 ~~defendant is subject to an immigration detainer; or~~

1127 ~~b. Otherwise indicates in the record that the defendant is~~

1128 ~~subject to a transfer into federal custody.~~

1129 ~~(b) In an applicable criminal case, when the judge~~

1130 ~~sentences a defendant who is the subject of an immigration~~

1131 ~~detainer to confinement, the judge shall issue an order~~

1132 ~~requiring the secure correctional facility in which the~~

1133 ~~defendant is to be confined to reduce the defendant's sentence~~

1134 ~~by a period of not more than 12 days on the facility's~~

1135 ~~determination that the reduction in sentence will facilitate the~~

1136 ~~seamless transfer of the defendant into federal custody. For~~

1137 ~~purposes of this paragraph, the term "secure correctional~~

1138 ~~facility" means a state correctional institution as defined in~~

1139 ~~s. 944.02 or a county detention facility or a municipal~~

1140 ~~detention facility as defined in s. 951.23.~~

1141 ~~(c) If the information specified in sub-subparagraph~~

1142 ~~(a)2.a. or sub-subparagraph (a)2.b. is not available at the time~~

1143 ~~the sentence is pronounced in the case, but is received by a law~~

1144 ~~enforcement agency afterwards, the law enforcement agency shall~~

1145 ~~notify the judge who shall issue the order described by~~

1146 ~~paragraph (b) as soon as the information becomes available.~~

1147 ~~(5)~~ when a county correctional facility or the Department

1148 of Corrections receives verification from a federal immigration

1149 agency that a person subject to an immigration detainer is in

1150 the law enforcement agency's custody, the agency must facilitate

1151 a screening of the person by a public defender to determine if

1152 the person is or has been a necessary witness or victim of a

1153 crime of domestic violence, rape, sexual exploitation, sexual

1154 assault, murder, manslaughter, assault, battery, human

1155 trafficking, kidnapping, false imprisonment, involuntary

1156 servitude, fraud in foreign labor contracting, blackmail,

1157 extortion, or witness tampering. The screening must be in the

1158 preferred language of the person being detained. If the public

1159 defender determines that the person is a necessary witness or

1160 victim of the aforementioned acts, the county correctional

1161 facility or the Department of Corrections may decline to comply

1162 with the federal immigration detainer. Otherwise, the county

1163 correctional facility or the Department of Corrections may

1164 securely transport the person to a federal facility in this

1165 state or to another point of transfer to federal custody outside

1166 the jurisdiction of the law enforcement agency. The law

1167 enforcement agency may transfer a person who is subject to an

1168 immigration detainer and is confined in a secure correctional

1169 facility to the custody of a federal immigration agency not

1170 earlier than 12 days before his or her release date. A law

1171 enforcement agency shall obtain judicial authorization before

1172 securely transporting an alien to a point of transfer outside of

1173 this state.

1174 ~~(6) Upon request from a federal immigration agency, a~~

1175 ~~sheriff or chief correctional officer operating a county~~

1176 ~~detention facility must provide the requesting federal~~

1177 ~~immigration agency a list of all inmates booked into a county~~

1178 ~~detention facility and any information regarding each inmate's~~

1179 ~~immigration status.~~

1180 ~~(7) This section does not require a state entity, local~~

1181 ~~governmental entity, or law enforcement agency to provide a~~

1182 ~~federal immigration agency with information related to a victim~~

1183 ~~of or a witness to a criminal offense if:~~

1184 ~~(a) The victim or witness is necessary to the~~

1185 ~~investigation or prosecution of a crime, and such crime occurred~~

1186 ~~in the United States; and~~

1187 ~~(b) The victim or witness timely and in good faith~~

1188 ~~responds to the entity's or agency's request for information and~~

1189 ~~cooperates in the investigation or prosecution of such offense.~~

1190 ~~(8) A state entity, local governmental entity, or law~~

1191 ~~enforcement agency that, pursuant to subsection (7), withholds~~

1192 ~~information regarding the immigration information of a victim of~~

1193 ~~or witness to a criminal offense shall document the victim's or~~

1194 ~~witness's cooperation in the entity's or agency's investigative~~

1195 ~~records related to the offense and shall retain the records for~~

1196 ~~at least 10 years for the purpose of audit, verification, or~~

1197 ~~inspection by the Auditor General.~~

1198 ~~(9) This section does not authorize a law enforcement~~

1199 ~~agency to detain an alien unlawfully present in the United~~

1200 ~~States pursuant to an immigration detainer solely because the~~

1201 ~~alien witnessed or reported a crime or was a victim of a~~

1202 ~~criminal offense.~~

1203 ~~(10) This section does not apply to any alien unlawfully~~

1204 ~~present in the United States if he or she is or has been a~~

1205 ~~necessary witness or victim of a crime of domestic violence,~~

1206 ~~rape, sexual exploitation, sexual assault, murder, manslaughter,~~

1207 ~~assault, battery, human trafficking, kidnapping, false~~

1208 ~~imprisonment, involuntary servitude, fraud in foreign labor~~

1209 ~~contracting, blackmail, extortion, or witness tampering,~~

1210 ~~provided that such crime was committed in the United States.~~

1211 ~~Documentation, including, but not limited to, police reports,~~

1212 ~~testimony, sworn statements, or a victim impact statement, must~~

1213 ~~be relied upon to verify that the person was a necessary witness~~

1214 ~~or victim to the crime.~~ Section 32. Section 908.1041, Florida Statutes, is created

1216 to read:

1217 908.1041 Prohibition against engaging in immigration

1218 enforcement activities near public and private schools, child

1219 care facilities, or religious institutions.—

1220 (1) As used in this section, the term:

1221 (a) "Child care facility" has the same meaning as in s.

1222 402.302.

1223 (b) "Immigration enforcement activities" means any action

1224 by a law enforcement officer or agency, including, but not

1225 limited to, the identification, detention, questioning,

1226 investigation, or arrest of individuals based on their

1227 immigration status.

1228 (c) "Private school" has the same meaning as in s.

1229 1002.01.

1230 (d) "Public school" means any facility or location

1231 providing primary or secondary education, including, but not

1232 limited to, public K-12 schools, charter schools, and school

1233 grounds.

1234 (e) "Religious institution" means any building or space

1235 primarily used for religious worship or practices, including,

1236 but not limited to, a church, synagogue, mosque, temple, and

1237 other place of religious gathering.

1238 (2) A law enforcement agency, law enforcement officer,

1239 sheriff's deputy, or federal immigration agency may not engage

1240 in or cooperate with immigration enforcement activities or

1241 engage in or cooperate with immigration enforcement activities

1242 pursuant to the Unauthorized Alien Transport Program under s.

1243 908.13 within 500 feet of any public or private school, child

1244 care facility, or religious institution, except in cases of

1245 exigent circumstances when immediate action is necessary to

1246 prevent harm or death. A local law enforcement agency, law

1247 enforcement officer, sheriff's deputy, or federal immigration

1248 agency may not:

1249 (a) Use agency resources, personnel, or authority to

1250 question, detain, or arrest individuals solely based on their

1251 immigration status on the grounds of, or within 500 feet of, a

1252 public or private school, child care facility, or religious

1253 institution.

1254 (b) Collaborate with federal immigration agency

1255 authorities for immigration enforcement purposes within or

1256 around the areas described in this subsection unless authorized

1257 to do so by a court with jurisdiction over the matter.

1258 (3) This section does not prohibit a local law enforcement

1259 agency, law enforcement officer, sheriff's deputy, or federal

1260 immigration agency from engaging in activities related to

1261 criminal investigations, emergency responses, or school safety

1262 as authorized by law, provided such activities do not involve

1263 immigration enforcement activities.

1264 (4) By August 1, 2026, each local law enforcement agency

1265 shall submit to the Department of Law Enforcement a report

1266 detailing policies and protocols for compliance with this

1267 section, including training protocols for officers.

1268 (5) A local law enforcement agency, law enforcement

1269 officer, or sheriff's deputy who violates this section may be

1270 subject to disciplinary action by the local governmental entity,

1271 including suspension, dismissal, or loss of funding for local

1272 enforcement efforts.

1273 Section 33. Subsections (3) and (4) of section 908.107,

1274 Florida Statutes, are amended to read:

1275 908.107 Enforcement.—

1276 ~~(3) If a local governmental entity or local law~~

1277 ~~enforcement agency violates this chapter, the court must enjoin~~

1278 ~~the unlawful sanctuary policy. The court has continuing~~

1279 ~~jurisdiction over the parties and subject matter and may enforce~~

1280 ~~its orders with the initiation of contempt proceedings as~~

1281 ~~provided by law.~~

1282 ~~(4) An order approving a consent decree or granting an~~

1283 ~~injunction must include written findings of fact that describe~~

1284 ~~with specificity the existence and nature of the sanctuary~~

1285 ~~policy that violates this chapter.~~

1286 Section 34. Section 908.11, Florida Statutes, is amended

1287 to read:

1288 908.11 Immigration enforcement assistance agreements;

1289 reporting requirement.—

1290 (1) Beginning January 1, 2027, the sheriff or the chief

1291 correctional officer operating a county detention facility may

1292 not ~~must~~ enter into or renew a written agreement with the United

1293 States Immigration and Customs Enforcement to participate in the

1294 immigration program established under s. 287(g) of the

1295 Immigration and Nationality Act, 8 U.S.C. s. 1357. The State

1296 Board of Immigration Enforcement must approve the termination of

1297 any such agreement. ~~This subsection does not require a sheriff~~

1298 ~~or chief correctional officer operating a county detention~~

1299 ~~facility to participate in a particular program model.~~

1300 (2) Beginning no later than April 1, 2025, ~~and until~~ the

1301 sheriff or chief correctional officer operating a county

1302 detention facility that has such a ~~enters into the~~ written

1303 agreement ~~required under subsection (1), each sheriff or chief~~

1304 ~~correctional officer operating a county detention facility~~ must

1305 notify the State Board of Immigration Enforcement ~~quarterly of~~

1306 the status of any active or pending agreement.

1307 (3) The Department of Law Enforcement must establish a

1308 regular training schedule to educate relevant employees and

1309 other state entities that collaborate with federal agencies

1310 about current immigration enforcement policies and priorities

1311 ~~such written agreement and any reason for noncompliance with~~

1312 ~~this section, if applicable.~~

1313 Section 35. Section 908.14, Florida Statutes, is created

1314 to read:

1315 908.14 Visible Identification Standards for Immigration-

1316 Based Law Enforcement Act.—

1317 (1) This act may be cited as the "VISIBLE Act."

1318 (2) As used in this section, the term:

1319 (a) "Covered immigration officer" means a person who is

1320 authorized to perform immigration enforcement functions and who

1321 is:

1322 1. An officer or employee of a law enforcement agency;

1323 2. An officer or employee of United States Customs and

1324 Border Protection;

1325 3. An officer or employee of United States Immigration and

1326 Customs Enforcement; or

1327 4. A person authorized, deputized, or designated under

1328 federal law, regulation, or agreement to perform immigration

1329 enforcement functions.

1330 (b) "Public immigration enforcement function" means any

1331 activity that involves the direct exercise of federal

1332 immigration authority through public-facing actions, including a

1333 patrol, a stop, an arrest, a search, an interview to determine

1334 immigration status, a raid, a checkpoint inspection, or the

1335 service of a judicial or administrative warrant. The term does

1336 not include covert, nonpublic operations or nonenforcement

1337 activities.

1338 (c) "Visible identification" means the display of the name

1339 or widely recognized initials of the employing agency of a

1340 covered immigration officer and the officer's last name or badge

1341 or identification number in a size and format that complies with

1342 the requirements in subsection (4).

1343 (3) A covered immigration officer who directly engages in

1344 a public immigration enforcement function within this state must

1345 wear visible identification at all times during such engagement.

1346 (4) The visible identification must:

1347 (a) For the employing agency of the covered immigration

1348 officer, be displayed in a size and format that is clearly

1349 legible from a distance of not less than 25 feet, using

1350 materials or markings suitable for visibility in both daylight

1351 and low-light conditions under normal operational conditions.

1352 (b) For the covered immigration officer's last name or

1353 badge or identification number, be displayed in a manner that is

1354 clearly visible and readable during direct engagement with the

1355 public.

1356 (c) Be displayed on the covered immigration officer's

1357 outermost garment or gear and may not be obscured by tactical

1358 equipment, body armor, or accessories.

1359 (5) A covered immigration officer may not wear nonmedical

1360 face coverings, including masks or balaclavas, which impair the

1361 visibility of the identifying information required under this

1362 section or obscure the officer's face unless such face covering

1363 is necessary to protect the integrity of a covert, nonpublic

1364 operation or to guard against hazardous environmental

1365 conditions.

1366 (6) The State Board of Immigration Enforcement shall do

1367 all of the following:

1368 (a) Receive and investigate complaints from the public

1369 concerning violations of this section.

1370 (b) Ensure that a covered immigration officer who fails to

1371 comply with the requirements of this section receives

1372 appropriate disciplinary action, including a written reprimand,

1373 suspension, or other personnel action, consistent with the

1374 policies of the officer's employing agency and any applicable

1375 collective bargaining agreement.

1376 (c) Make recommendations to the Legislature concerning

1377 compliance with this section and corrective actions that should

1378 be taken.

1379 (d) Carry out its responsibilities under this section in

1380 accordance with its statutory authority.

1381 (7) By June 30, 2027, and annually thereafter, the State

1382 Immigration Enforcement Council shall submit to the President of

1383 the Senate and the Speaker of the House of Representatives a

1384 report that includes all of the following information:

1385 (a) The total number of public immigration enforcement

1386 functions conducted during the reporting period.

1387 (b) The number of documented instances of noncompliance

1388 with this section.

1389 (c) A summary of disciplinary or remedial actions taken

1390 against any covered immigration officer who did not comply with

1391 this section.

1392 Section 36. Section 921.1426, Florida Statutes, is

1393 repealed.

1394 Section 37. Section 943.1718, Florida Statutes, is amended

1395 to read:

1396 943.1718 Body cameras and face coverings; policies and

1397 procedures; penalties.—

1398 (1) DEFINITIONS.—As used in this section, the term:

1399 (a) "Body camera" means a portable electronic recording

1400 device that is worn on a law enforcement officer's person that

1401 records audio and video data of the officer's law-enforcement-

1402 related encounters and activities.

1403 (b)1. "Face covering" means any opaque mask, garment,

1404 helmet, or other item, including, but not limited to, a

1405 balaclava, tactical mask, gator, ski mask, or any other similar

1406 type of facial covering or face-shielding item, which conceals

1407 or obscures the face of a person.

1408 2. The term does not include any of the following:

1409 a. A translucent face shield or clear mask that does not

1410 conceal the wearer's face.

1411 b. A medical mask or surgical mask used to protect against

1412 the transmission of disease or infection.

1413 c. Any other mask or device, including, but not limited

1414 to, air-purifying respirators, full or half masks, or self-

1415 contained breathing apparatuses necessary to protect against

1416 exposure to a toxin, gas, smoke, or any other hazardous

1417 environmental condition.

1418 (c)(b) "Law enforcement agency" means an agency that has a

1419 primary mission of preventing and detecting crime and enforcing

1420 the penal, criminal, traffic, and motor vehicle laws of the

1421 state and in furtherance of that primary mission employs law

1422 enforcement officers as defined in s. 943.10.

1423 (d)(c) "Law enforcement officer" has the same meaning as

1424 provided in s. 943.10.

1425 (e) "Undercover investigation" means a planned act

1426 authorized by a law enforcement agency or a court order which

1427 uses an undercover operative to intentionally interact with a

1428 suspect or others or to obtain evidence of criminal activity.

1429 (f) "Undercover operative" means a law enforcement officer

1430 or a full-time sworn officer in this state or another state or

1431 the Federal Government using an assumed name or cover identity

1432 to interact with persons or entities to collect evidence of

1433 criminal activity.

1434 (2) BODY CAMERAS.—

1435 (a) A law enforcement agency that permits its law

1436 enforcement officers to wear body cameras shall establish

1437 policies and procedures addressing the proper use, maintenance,

1438 and storage of body cameras and the data recorded by body

1439 cameras. The policies and procedures must include:

1440 ~~1.(a)~~ General guidelines for the proper use, maintenance,

1441 and storage of body cameras.

1442 ~~2.(b)~~ Any limitations on which law enforcement officers

1443 are permitted to wear body cameras.

1444 ~~3.(c)~~ Any limitations on law-enforcement-related

1445 encounters and activities in which law enforcement officers are

1446 permitted to wear body cameras.

1447 ~~4.(d)~~ A provision permitting a law enforcement officer

1448 using a body camera to review the recorded footage from the body

1449 camera, upon his or her own initiative or request, before

1450 writing a report or providing a statement regarding any event

1451 arising within the scope of his or her official duties. Any such

1452 provision may not apply to an officer's inherent duty to

1453 immediately disclose information necessary to secure an active

1454 crime scene or to identify suspects or witnesses.

1455 ~~5.(e)~~ General guidelines for the proper storage,

1456 retention, and release of audio and video data recorded by body

1457 cameras.

1458 (b)(3) A law enforcement agency that permits its law

1459 enforcement officers to wear body cameras shall:

1460 ~~1.(a)~~ Ensure that all personnel who wear, use, maintain,

1461 or store body cameras are trained in the law enforcement

1462 agency's policies and procedures concerning them.

1463 ~~2.(b)~~ Ensure that all personnel who use, maintain, store,

1464 or release audio or video data recorded by body cameras are

1465 trained in the law enforcement agency's policies and procedures.

1466 ~~3.(c)~~ Retain audio and video data recorded by body cameras

1467 in accordance with the requirements of s. 119.021, except as

1468 otherwise provided by law.

1469 ~~4.(d)~~ Perform a periodic review of actual agency body

1470 camera practices to ensure conformity with the agency's policies

1471 and procedures.

1472 (c)(4) Chapter 934 does not apply to body camera

1473 recordings made by law enforcement agencies that elect to use

1474 body cameras.

1475 (3) FACE COVERINGS.—

1476 (a) A law enforcement officer may not wear a face covering

1477 in the performance of his or her official duties.

1478 (b) Before undertaking an undercover investigation that is

1479 reasonably likely to involve a law enforcement officer wearing a

1480 face covering in the performance of his or her official duties,

1481 a law enforcement agency must provide advance notice to the

1482 sheriff with jurisdiction over the location in which the

1483 undercover investigation takes place. Such notice must be given

1484 at least 12 hours before the undercover investigation begins and

1485 must include when and where the law enforcement officer will be

1486 operating, his or her planned actions, and the approximate time

1487 and duration of the undercover investigation.

1488 (c) Paragraph (a) does not apply to:

1489 1. A law enforcement officer performing his or her duties

1490 as an undercover operative during an active undercover

1491 investigation;

1492 2. Protective gear used by a Special Weapons and Tactics

1493 (SWAT) team officer which is necessary to protect his or her

1494 face from harm while performing SWAT team duties and

1495 responsibilities; or

1496 3. Exigent circumstances that involve an immediate danger

1497 or threat to persons or property or the escape of a perpetrator.

1498 (d) A first violation of this subsection is an infraction.

1499 A second or subsequent violation of this subsection is a

1500 misdemeanor of the second degree, punishable as provided in s.

1501 775.082 or s. 775.083.

1502 (e) On or before October 1, 2026, the Department of Law

1503 Enforcement shall adopt rules regulating the use of face

1504 coverings to comply with this subsection. Section 38. Paragraphs (b) and (c) of subsection (3) of

1506 section 943.325, Florida Statutes, are redesignated as

1507 paragraphs (c) and (d), respectively, and paragraph (a) of

1508 subsection (3) and paragraphs (b) and (f) of subsection (7) of

1509 that section are amended, to read:

1510 943.325 DNA database.—

1511 (3) COLLECTION OF SAMPLES.—

1512 (a) Each qualifying offender must ~~shall~~ submit a DNA

1513 sample at the time he or she is booked into a jail, correctional

1514 facility, or juvenile facility.

1515 (b) A person who becomes a qualifying offender solely

1516 because of the issuance of an immigration detainer by a federal

1517 immigration agency may ~~must~~ submit a DNA sample when the law

1518 enforcement agency having custody of the offender receives the

1519 detainer. A law enforcement agency may not forcibly extract a

1520 DNA sample from such person and the person may not be charged

1521 with a criminal offense solely for refusing to submit a DNA

1522 sample.

1523 (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—

1524 (b) Arrested qualifying offenders must submit a DNA sample

1525 at the time they are booked into a jail, correctional facility,

1526 or juvenile facility, except as provided in paragraph (3)(b).

1527 ~~(f) A law enforcement agency having custody of a person~~

1528 ~~who becomes a qualifying offender solely because of the issuance~~

1529 ~~of an immigration detainer by a federal immigration agency shall~~

1530 ~~ensure that a DNA sample is taken from the offender immediately~~

1531 ~~after the agency receives the detainer and shall secure and~~

1532 ~~transmit the sample to the department in a timely manner.~~

1533 Section 39. Subsection (9) of section 1000.05, Florida

1534 Statutes, is renumbered as subsection (10), and a new subsection

1535 (9) is added to that section, to read:

1536 1000.05 Discrimination against students and employees in

1537 the Florida K-20 public education system prohibited; equality of

1538 access required.—

1539 (10)(a) As used in this subsection, the term:

1540 1. "Citizenship or immigration status" means any matter

1541 regarding citizenship of the United States or any other country

1542 or the authority or lack thereof to reside in or otherwise to be

1543 present in the United States, including a person's nationality

1544 and country of citizenship.

1545 2. "Law enforcement agent" means an agent of federal,

1546 state, or local law enforcement who has the power to arrest or

1547 detain a person or manage the custody of a detained person for a

1548 law enforcement purpose, including civil immigration

1549 enforcement. The term does not include a safe-school officer

1550 under s. 1006.12.

1551 3. "Nonjudicial warrant" means a warrant issued by a

1552 federal, state, or local agency with the power to arrest or

1553 detain a person for any law enforcement purpose, including civil

1554 immigration enforcement. The term includes an immigration

1555 detainer as defined in s. 908.102. The term does not include a

1556 criminal warrant issued upon a judicial determination of

1557 probable cause in compliance with the requirements of the Fourth

1558 Amendment to the United States Constitution or s. 12, Art. I of

1559 the State Constitution.

1560 4. "Prevailing party" means a party:

1561 a. Who obtains some of his or her requested relief through

1562 a judicial judgment in his or her favor;

1563 b. Who obtains some of his or her requested relief through

1564 a settlement agreement approved by the court; or

1565 c. Whose pursuit of a nonfrivolous claim was a catalyst

1566 for a unilateral change in position by the opposing party

1567 relative to the relief sought.

1568 5. "School" means a public school, school district, and

1569 governing body, including a charter school, and agents thereof,

1570 including a contracted party.

1571 (b) A child in this state may not be denied a free public

1572 education through secondary school based on the perceived or

1573 actual immigration status of the child or perceived or actual

1574 citizenship or immigration status of the child's parent or

1575 guardian.

1576 (c) A school may not:

1577 1. Exclude a child from participation in or deny a child

1578 the benefits of a program or an activity on the grounds of the

1579 perceived or actual immigration status of the child or the

1580 perceived or actual citizenship or immigration status of the

1581 child's parent or guardian.

1582 2. Use policies or procedures or engage in practices that

1583 have the effect of excluding a child from participation in or

1584 denying the benefits of a program or an activity or the effect

1585 of excluding participation of the child's parent or guardian

1586 from parental engagement activities or programs because of the

1587 perceived or actual immigration status of the child or the

1588 perceived or actual citizenship or immigration status of the

1589 child's parent or guardian. These policies, procedures, and

1590 practices include both of the following:

1591 a. Requesting or collecting information or documentation

1592 from a student or a student's parent or guardian about

1593 citizenship or immigration status unless required by state or

1594 federal law.

1595 b. Designating immigration status, citizenship, place of

1596 birth, nationality, or national origin as directory information

1597 as defined in 20 U.S.C. s. 1232g(a)(5).

1598 3. Threaten to disclose anything relating to the actual or

1599 perceived citizenship or immigration status of a child or the

1600 child's parent or guardian to any other person, entity,

1601 immigration agency, or law enforcement agency.

1602 4. Disclose anything relating to the perceived citizenship

1603 or immigration status of a child or the child's parent or

1604 guardian to any other person, entity, immigration agency, or law

1605 enforcement agency if the school does not have direct knowledge

1606 of the actual citizenship or immigration status of the child,

1607 parent, or guardian, subject to the requirements of this

1608 paragraph.

1609 5. Disclose anything relating to the actual citizenship or

1610 immigration status of a child or the child's parent or guardian

1611 to any other person or nongovernmental entity if the school has

1612 direct knowledge of the actual citizenship or immigration status

1613 of the child, parent, or guardian, subject to the requirements

1614 of this paragraph.

1616 This paragraph does not authorize the disclosure of student

1617 records or information without complying with state and federal

1618 requirements governing the disclosure of such records or

1619 information. This paragraph does not prohibit or restrict an

1620 entity from sending to or receiving from the United States

1621 Department of Homeland Security or any other federal, state, or

1622 local governmental entity information regarding the citizenship

1623 or immigration status of a person under 8 U.S.C. ss. 1373 and

1624 1644.

1625 (d) By October 1, 2026, a school must develop procedures

1626 for reviewing and authorizing requests from a law enforcement

1627 agent attempting to enter a school or school facility. The

1628 procedures must comply with the requirements of this subsection

1629 and, at a minimum, include all of the following:

1630 1. Procedures for reviewing and contacting a designated

1631 authorized person at the school, school facility, district

1632 superintendent's office, or school administrative office who may

1633 contact the school's legal counsel.

1634 2. Procedures for the person authorized in subparagraph 1.

1635 or the school's legal counsel to review all of the following:

1636 a. Requests to enter a school or a school facility.

1637 b. Judicial warrants.

1638 c. Nonjudicial warrants.

1639 d. Subpoenas.

1640 3. Procedures for monitoring, accompanying, and

1641 documenting all interactions with a law enforcement agent while

1642 on school premises.

1643 4. Procedures for notifying and seeking consent from a

1644 student's parent or guardian, or from the student if the student

1645 is 18 years of age or older or emancipated, if a law enforcement

1646 agent requests access to a student for immigration enforcement

1647 purposes, unless a judicial warrant or subpoena restricts the

1648 disclosure of the information to the student's parent or

1649 guardian.

1650 (e)1. Beginning October 1, 2026, a party aggrieved by

1651 conduct that violates this subsection may file a civil action in

1652 a court of competent jurisdiction. The aggrieved party must file

1653 such action within 2 years after the violation occurred. If the

1654 court finds that a willful violation of paragraph (c) has

1655 occurred, the court may award actual damages. The court may

1656 grant any permanent or preliminary negative or mandatory

1657 injunction, temporary restraining order, or other order.

1658 2. Upon a motion, the court must award reasonable attorney

1659 fees and costs to a plaintiff who is a prevailing party in any

1660 action brought under this paragraph.

1661 3. This paragraph may not be construed to require a

1662 plaintiff to exhaust all administrative remedies before filing a

1663 civil action.

1664 (f) By October 1, 2026, a school must adopt policies for

1665 complying with this subsection.

1666 Section 40. Paragraph (c) of subsection (2) of section

1667 1002.31, Florida Statutes, is amended to read:

1668 1002.31 Controlled open enrollment; public school parental

1669 choice.—

1670 (2)

1671 (c) Each district school board must provide preferential

1672 treatment in its controlled open enrollment process to all of

1673 the following:

1674 1. Dependent children of active duty military personnel

1675 whose move resulted from military orders.

1676 2. Children who have been relocated due to a foster care

1677 placement in a different school zone.

1678 3. Children who move due to a court-ordered change in

1679 custody due to separation or divorce, or the serious illness or

1680 death of a custodial parent.

1681 4. Students residing in the school district.

1682 5. Children who are experiencing homelessness and children

1683 known to the department, as defined in s. 39.0016(1), regardless

1684 of their immigration status.

1685 Section 41. Paragraph (f) of subsection (1) of section

1686 1003.21, Florida Statutes, is amended to read:

1687 1003.21 School attendance.—

1688 (1)

1689 (f) Children and youths who are experiencing homelessness

1690 and children who are known to the department, as defined in s.

1691 39.0016(1), regardless of their immigration status ~~s. 39.0016,~~

1692 must have access to a free public education and in accordance

1693 with s. 1002.31 must be admitted to the school of their parent's

1694 or guardian's choice, contingent on the school's capacity, in

1695 the school district in which they or their families or guardian

1696 live. School districts shall assist such children in meeting the

1697 requirements of subsection (4) and s. 1003.22, as well as local

1698 requirements for documentation.

1699 Section 42. Paragraphs (a), (b), and (c) of subsection

1700 (12) of section 1009.26, Florida Statutes, are amended to read:

1701 1009.26 Fee waivers.—

1702 (12)(a) A state university, a Florida College System

1703 institution, a career center operated by a school district under

1704 s. 1001.44, or a charter technical career center shall waive

1705 out-of-state fees for undergraduate and graduate students who

1706 are citizens of the United States or lawfully present in the

1707 United States who meet the following conditions:

1708 1. Attended a secondary school in this state for 2 3

1709 ~~consecutive~~ years ~~immediately~~ before graduating from a high

1710 school in this state or received a high school equivalency

1711 diploma under s. 1003.435;

1712 2. Apply for enrollment in an institution of higher

1713 education within 24 months after high school or postsecondary

1714 graduation; and

1715 3. Submit an official Florida high school or postsecondary

1716 school transcript as evidence of attendance and graduation. In

1717 lieu of an official high school transcript, a student may submit

1718 a high school equivalency diploma under s. 1003.435.

1719 (b) Tuition and fees charged to a student who qualifies

1720 for the out-of-state fee waiver under this subsection may not

1721 exceed the tuition and fees charged to a resident student. The

1722 waiver is applicable for 110 percent of the required credit

1723 hours of the undergraduate or graduate degree or certificate

1724 program for which the student is enrolled. Each state

1725 university, Florida College System institution, career center

1726 operated by a school district under s. 1001.44, and charter

1727 technical career center shall report to the Board of Governors

1728 and the State Board of Education, respectively, the number and

1729 value of all fee waivers granted annually under this subsection.

1730 By October 1 of each year, the Board of Governors for the state

1731 universities and the State Board of Education for Florida

1732 College System institutions, career centers operated by a school

1733 district under s. 1001.44, and charter technical career centers

1734 shall annually report for the previous academic year the

1735 percentage of resident and nonresident students enrolled

1736 systemwide.

1737 (c) A state university student granted an out-of-state fee

1738 waiver under this subsection must be considered a nonresident

1739 student for purposes of calculating the systemwide total

1740 enrollment of nonresident students as limited by regulation of

1741 the Board of Governors. ~~In addition,~~ A student who is granted an

1742 out-of-state fee waiver under this subsection is ~~not~~ eligible

1743 for state financial aid under part III of this chapter and may

1744 ~~must~~ not be reported as a resident for tuition purposes.

1745 Section 43. Paragraph (a) of subsection (1) of section

1746 1009.40, Florida Statutes, is amended to read:

1747 1009.40 General requirements for student eligibility for

1748 state financial aid awards and tuition assistance grants.—

1749 (1)(a) The general requirements for eligibility of

1750 students for state financial aid awards and tuition assistance

1751 grants consist of the following:

1752 1. Achievement of the academic requirements of and

1753 acceptance at a state university or Florida College System

1754 institution; a nursing diploma school approved by the Florida

1755 Board of Nursing; a Florida college or university which is

1756 accredited by an accrediting agency recognized by the State

1757 Board of Education; a Florida institution the credits of which

1758 are acceptable for transfer to state universities; a career

1759 center; or a private career institution accredited by an

1760 accrediting agency recognized by the State Board of Education.

1761 2. Residency in this state for no less than 1 year

1762 preceding the award of aid or a tuition assistance grant for a

1763 program established pursuant to s. 1009.50, s. 1009.505, s.

1764 1009.51, s. 1009.52, s. 1009.521, s. 1009.53, s. 1009.60, s.

1765 1009.62, s. 1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s.

1766 1009.89, or s. 1009.894. Residency in this state must be for

1767 purposes other than to obtain an education. Resident status for

1768 purposes of receiving state financial aid awards shall be

1769 determined in the same manner as resident status for tuition

1770 purposes pursuant to s. 1009.21. However, a student may not be

1771 denied classification as a resident for purposes of receiving

1772 state financial aid based solely on the student's immigration

1773 status if he or she has met the conditions for an out-of-state

1774 fee waiver under s. 1009.26(12)(a).

1775 3. Submission of certification attesting to the accuracy,

1776 completeness, and correctness of information provided to

1777 demonstrate a student's eligibility to receive state financial

1778 aid awards or tuition assistance grants. Falsification of such

1779 information shall result in the denial of a pending application

1780 and revocation of an award or grant currently held to the extent

1781 that no further payments shall be made. Additionally, students

1782 who knowingly make false statements in order to receive state

1783 financial aid awards or tuition assistance grants commit a

1784 misdemeanor of the second degree subject to the provisions of s.

1785 837.06 and shall be required to return all state financial aid

1786 awards or tuition assistance grants wrongfully obtained.

1787 Section 44. Paragraph (w) of subsection (2) of section

1788 435.04, Florida Statutes, is amended to read:

1789 435.04 Level 2 screening standards.—

1790 (2) The security background investigations under this

1791 section must ensure that persons subject to this section have

1792 not been arrested for and are awaiting final disposition of;

1793 have not been found guilty of, regardless of adjudication, or

1794 entered a plea of nolo contendere or guilty to; or have not been

1795 adjudicated delinquent and the record has not been sealed or

1796 expunged for, any offense prohibited under any of the following

1797 provisions of state law or similar law of another jurisdiction:

1798 ~~(w) Section 787.07, relating to human smuggling.~~

1799 Section 45. Paragraph (e) of subsection (4) and paragraph

1800 (i) of subsection (5) of section 456.074, Florida Statutes, are

1801 amended to read:

1802 456.074 Certain health care practitioners; immediate

1803 suspension of license.—

1804 (4) The department shall issue an emergency order

1805 suspending the license of a massage therapist and establishment

1806 as those terms are defined in chapter 480 upon receipt of

1807 information that the massage therapist; the designated

1808 establishment manager as defined in chapter 480; an employee of

1809 the establishment; a person with an ownership interest in the

1810 establishment; or, for a corporation that has more than $250,000

1811 of business assets in this state, the owner, officer, or

1812 individual directly involved in the management of the

1813 establishment has been arrested for committing or attempting,

1814 soliciting, or conspiring to commit, or convicted or found

1815 guilty of, or has entered a plea of guilty or nolo contendere

1816 to, regardless of adjudication, a violation of s. 796.07 or a

1817 felony offense under any of the following provisions of state

1818 law or a similar provision in another jurisdiction:

1819 ~~(e) Section 787.07, relating to human smuggling.~~

1820 (5) The department shall issue an emergency order

1821 suspending the license of any health care practitioner who is

1822 arrested for committing or attempting, soliciting, or conspiring

1823 to commit any act that would constitute a violation of any of

1824 the following criminal offenses in this state or similar

1825 offenses in another jurisdiction:

1826 ~~(i) Section 787.07, relating to human smuggling.~~

1827 Section 46. Paragraph (e) of subsection (6) of section

1828 480.041, Florida Statutes, is amended to read:

1829 480.041 Massage therapists; qualifications; licensure;

1830 endorsement.—

1831 (6) The board shall deny an application for a new or

1832 renewal license if an applicant has been convicted or found

1833 guilty of, or enters a plea of guilty or nolo contendere to,

1834 regardless of adjudication, a violation of s. 796.07(2)(a) which

1835 is reclassified under s. 796.07(7) or a felony offense under any

1836 of the following provisions of state law or a similar provision

1837 in another jurisdiction:

1838 ~~(e) Section 787.07, relating to human smuggling.~~

1839 Section 47. Paragraph (e) of subsection (8) of section 480.043, Florida Statutes, is amended to read:

1841 480.043 Massage establishments; requisites; licensure;

1842 inspection; human trafficking awareness training and policies.—

1843 (8) The department shall deny an application for a new or

1844 renewal license if an establishment owner or a designated

1845 establishment manager or, for a corporation that has more than

1846 $250,000 of business assets in this state, an establishment

1847 owner, a designated establishment manager, or any individual

1848 directly involved in the management of the establishment has

1849 been convicted of or entered a plea of guilty or nolo contendere

1850 to any misdemeanor or felony crime, regardless of adjudication,

1851 related to prostitution or related acts as described in s.

1852 796.07 or a felony offense under any of the following provisions

1853 of state law or a similar provision in another jurisdiction:

1854 ~~(e) Section 787.07, relating to human smuggling.~~ Section 48. Subsection (5) of section 501.9741, Florida

1856 Statutes, is amended to read:

1857 501.9741 Assisting in veterans' benefits matters.—

1858 (5) BACKGROUND SCREENING.—A provider must ensure that all

1859 individuals who directly assist a veteran in a veterans'

1860 benefits matter complete a level 2 background screening that

1861 screens for any offenses identified in s. 408.809(4) or s.

1862 435.04(2)(d), (e), or (nn) or (4) ~~s. 435.04(2)(d), (e), or (oo)~~

1863 ~~or (4)~~ before entering into any agreement with a veteran for

1864 veterans' benefits matters. An individual must submit a full set

1865 of fingerprints to the Department of Law Enforcement or to a

1866 vendor, entity, or agency authorized by s. 943.053(13), which

1867 shall forward the fingerprints to the Department of Law

1868 Enforcement for state processing. The Department of Veterans'

1869 Affairs shall transmit the background screening results to the

1870 provider, which results must indicate whether an individual's

1871 background screening contains any of the offenses listed in this

1872 subsection. Fees for state and federal fingerprint processing

1873 must be borne by the provider or individual. The state cost for

1874 fingerprint processing is as provided in s. 943.053(3)(e). This

1875 subsection does not imply endorsement, certification, or

1876 regulation of providers by the Department of Veterans' Affairs.

1877 Section 49. Subsection (2) of section 775.30, Florida

1878 Statutes, is amended to read:

1879 775.30 Terrorism; defined; penalties.—

1880 (2) A person who violates s. 782.04(1)(a)1. or (2), s.

1881 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.

1882 787.01, s. 787.02, ~~s. 787.07,~~ s. 790.115, s. 790.15, s. 790.16,

1883 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.

1884 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.

1885 859.01, or s. 876.34, in furtherance of intimidating or coercing

1886 the policy of a government, or in furtherance of affecting the

1887 conduct of a government by mass destruction, assassination, or

1888 kidnapping, commits the crime of terrorism, a felony of the

1889 first degree, punishable as provided in s. 775.082, s. 775.083,

1890 or s. 775.084.

1891 Section 50. Subsection (1) of section 794.056, Florida

1892 Statutes, is amended to read:

1893 794.056 Rape Crisis Program Trust Fund.—

1894 (1) The Rape Crisis Program Trust Fund is created within

1895 the Department of Health for the purpose of providing funds for

1896 rape crisis centers in this state. Trust fund moneys shall be

1897 used exclusively for the purpose of providing services for

1898 victims of sexual assault. Funds credited to the trust fund

1899 consist of those funds collected as an additional court

1900 assessment in each case in which a defendant pleads guilty or

1901 nolo contendere to, or is found guilty of, regardless of

1902 adjudication, an offense provided in s. 775.21(6) and (10)(a),

1903 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.

1904 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.

1905 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.

1906 787.025; s. 787.06; ~~s. 787.07;~~ s. 794.011; s. 794.05; s. 794.08;

1907 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.

1908 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.

1909 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.

1910 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.

1911 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),

1912 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust

1913 fund also shall include revenues provided by law, moneys

1914 appropriated by the Legislature, and grants from public or

1915 private entities.

1916 Section 51. Paragraph (d) of subsection (3) of section

1917 921.0022, Florida Statutes, is amended to read:

1918 921.0022 Criminal Punishment Code; offense severity

1919 ranking chart.—

1920 (3) OFFENSE SEVERITY RANKING CHART

1921 (d) LEVEL 4 Florida Felony Statute Degree Description 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting. 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 517.07(1) 3rd Failure to register securities. 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 784.031 3rd Battery by strangulation. 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 784.075 3rd Battery on detention or commitment facility staff. 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 784.081(3) 3rd Battery on specified official or employee. 784.082(3) 3rd Battery by detained person on visitor or other detainee. 784.083(3) 3rd Battery on code inspector. 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. ~~787.07 3rd Human smuggling.~~ 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 790.115(2)(c) 3rd Possessing firearm on school property. 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 806.135 2nd Destroying or demolishing a memorial or historic property. 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 810.06 3rd Burglary; possession of tools. 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 810.145(3)(b) 3rd Digital voyeurism dissemination. 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 812.014 3rd Grand theft, 3rd degree; (2)(c)4. & specified items. 6.-10. 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage. 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions. 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 817.505(4)(a) 3rd Patient brokering. 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 817.568(2)(a) 3rd Fraudulent use of personal identification information. 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 837.02(1) 3rd Perjury in official proceedings. 837.021(1) 3rd Make contradictory statements in official proceedings. 838.022 3rd Official misconduct. 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 843.021 3rd Possession of a concealed handcuff key by a person in custody. 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 870.01(3) 2nd Aggravated rioting. 870.01(5) 2nd Aggravated inciting a riot. 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs). 914.14(2) 3rd Witnesses accepting bribes. 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 916.1085 3rd Introduction of specified (2)(c)1. contraband into certain DCF facilities. 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 951.22(1)(h), 3rd Intoxicating drug, (j) & (k) instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.

1989 Section 52. Section 938.085, Florida Statutes, is amended

1990 to read:

1991 938.085 Additional cost to fund rape crisis centers.—In

1992 addition to any sanction imposed when a person pleads guilty or

1993 nolo contendere to, or is found guilty of, regardless of

1994 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and

1995 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;

1996 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.

1997 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.

1998 787.06; ~~s. 787.07;~~ s. 794.011; s. 794.05; s. 794.08; former s.

1999 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.

2000 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.

2001 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.

2002 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.

2003 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and

2004 (14)(c); or s. 985.701(1), the court shall impose a surcharge of

2005 $151. Payment of the surcharge shall be a condition of

2006 probation, community control, or any other court-ordered

2007 supervision. The sum of $150 of the surcharge shall be deposited

2008 into the Rape Crisis Program Trust Fund established within the

2009 Department of Health by chapter 2003-140, Laws of Florida. The

2010 clerk of the court shall retain $1 of each surcharge that the

2011 clerk of the court collects as a service charge of the clerk's

2012 office.

2013 Section 53. This act shall take effect July 1, 2026.