SB 328 full text · Session Watch

Florida Senate - 2026 SB 328 By Senator Smith 17-00422-26 2026328__

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 the use of additional

15 specified documents issued by foreign governments to

16 satisfy proof-of-identity requirements; providing that

17 a 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 or

54 license renewal to a child care facility based solely

55 on the immigration status of a child under the

56 facility’s care; amending s. 448.095, F.S.; deleting

57 the requirement for certain private employers to use

58 the E-Verify system; deleting the prohibition against

59 employers continuing to employ certain persons;

60 authorizing employers, state contractors, and

61 subcontractors to use the Employment Eligibility

62 Verification form to verify work authorization status;

63 deleting provisions requiring subcontractors to

64 provide a certain affidavit, terminating certain

65 contracts, and providing a cause of action; amending

66 s. 454.021, F.S.; deleting provisions relating to a

67 person’s immigration status when admitting persons to

68 practice law in this state; amending ss. 760.01,

69 760.05, 760.07, 760.08, 760.10, 760.23, 760.24,

70 760.25, 760.26, 760.29, and 760.60, F.S.; providing

71 that discrimination based on a person’s immigration

72 status is unlawful; creating s. 760.45, F.S.;

73 prohibiting a person or entity from discriminating

74 against an individual because the individual holds or

75 presents a driver license that does not comply with

76 the REAL ID Act of 2005; prohibiting an employer from

77 requiring an employee to present a driver license;

78 providing exceptions; providing construction;

79 prohibiting the state or a local government, an agent

80 acting on behalf of the state or a local government,

81 or a program or activity that receives financial

82 assistance from the state from discriminating against

83 an individual because the individual holds or presents

84 a driver license that does not comply with the REAL ID

85 Act of 2005; amending s. 775.0848, F.S.; revising the

86 reclassification of certain penalties for offenses

87 committed by persons who have been previously

88 convicted of a crime relating to the reentry of

89 removed aliens; repealing s. 787.07, F.S., relating to

90 human smuggling; amending ss. 908.102, 908.1031,

91 908.1032, and 908.107, F.S.; conforming provisions to

92 changes made by the act; repealing ss. 908.103,

93 908.105, and 908.106, F.S., relating to the

94 prohibition of sanctuary policies, duties relating to

95 immigration detainees, and the reimbursement of costs,

96 respectively; amending s. 908.104, F.S.; requiring

97 certain law enforcement agencies to facilitate a

98 certain screening by a public defender of a person

99 subject to a federal immigration detainer who is in

100 the agency’s custody and is a witness or victim of

101 specified crimes; requiring such screening to be in

102 the preferred language of the detainee; authorizing

103 law enforcement agencies to decline to comply with a

104 federal immigration detainer under certain

105 circumstances; deleting provisions relating to

106 cooperation with federal immigration authorities;

107 creating s. 908.1041, F.S.; providing definitions;

108 prohibiting local law enforcement agencies and

109 officers, sheriff’s deputies, and federal immigration

110 agencies from engaging in or cooperating with

111 immigration enforcement activities or engaging in or

112 cooperating with immigration enforcement activities

113 pursuant to the Unauthorized Alien Transport Program

114 within a specified distance of public or private

115 schools, child care facilities, or religious

116 institutions; providing an exception; requiring law

117 enforcement agencies to submit to the Department of

118 Law Enforcement a report by a certain date; specifying

119 requirements for the report; providing disciplinary

120 actions; amending s. 908.11, F.S.; prohibiting the

121 sheriff or the chief correctional officer operating a

122 county detention facility from entering into or

123 renewing an immigration enforcement assistance

124 agreement beginning on a date certain; requiring

125 certain agencies to update the State Board of

126 Immigration Enforcement on the status of active or

127 pending agreements, starting on a date certain;

128 requiring the department to establish certain training

129 on immigration enforcement; creating s. 908.14, F.S.;

130 providing a short title; providing definitions;

131 requiring covered immigration officers to wear

132 specified visible identification during public

133 immigration enforcement functions; specifying

134 requirements for such visible identification;

135 prohibiting covered immigration officers from wearing

136 face coverings that impair the visibility of

137 identifying information or obscure a covered

138 immigration officer’s face; providing an exception;

139 providing duties of the State Board of Immigration

140 Enforcement; requiring the State Immigration

141 Enforcement Council to submit to the Legislature a

142 specified report by a date certain; repealing s.

143 921.1426, F.S., relating to the sentence of death for

144 capital offense committed by an unauthorized alien;

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

146 prohibiting law enforcement officers from wearing face

147 coverings in the performance of their official duties;

148 requiring specified advance notice be given to the

149 sheriff under certain circumstances; providing

150 applicability; providing criminal penalties; requiring

151 the Department of Law Enforcement to adopt rules;

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

153 requiring, certain qualifying offenders to submit a

154 DNA sample to a law enforcement agency; prohibiting

155 law enforcement agencies from forcibly extracting DNA

156 samples from certain persons; amending s. 1000.05,

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

158 this state from being denied a free public education

159 based on the perceived or actual immigration status of

160 the child or the child’s parent or guardian;

161 prohibiting schools from taking certain actions;

162 requiring schools to develop certain procedures by a

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

164 requiring such action be filed within a certain

165 timeframe; authorizing the court to award certain

166 relief and reasonable attorney fees and costs;

167 requiring schools to adopt certain policies by a

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

169 district school boards to provide preferential

170 treatment relating to open enrollment to specified

171 children, regardless of their immigration status;

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

173 children, regardless of their immigration status, to

174 be admitted to their parent’s or guardian’s school of

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

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

177 and graduate students if certain conditions are met;

178 revising the conditions under which such entities must

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

180 receives a fee waiver is still eligible for state

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

182 the denial of resident status for purposes of

183 financial aid to certain students based solely on

184 their immigration status; amending ss. 435.04,

185 456.074, 480.041, 480.043, 775.30, 794.056, 921.0022,

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

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

188 conforming a cross-reference; providing an effective

189 date.

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

193 Section 1. (1) This act may be cited as the “Florida

194 Economic Prosperity and Immigration Act.”

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

196 administration of immigration is incredibly complex and

197 immigration regulation is the role of the Federal Government,

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

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

200 the Sunshine State home.

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

202 20.60, Florida Statutes, is amended to read:

203 20.60 Department of Commerce; creation; powers and duties.—

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

205 Department of Commerce are established:

206 1. The Division of Economic Development.

207 2. The Division of Community Development.

208 3. The Division of Workforce Services.

209 4. The Division of Finance and Administration.

210 5. The Division of Information Technology.

211 6. The Office of the Secretary.

212 7. The Office of Economic Accountability and Transparency,

213 which shall:

214 a. Oversee the department’s critical objectives as

215 determined by the secretary and make sure that the department’s

216 key objectives are clearly communicated to the public.

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

218 research to focus on and solve the complex economic challenges

219 facing the state.

220 c. Provide leadership for the department’s priority issues

221 that require integration of policy, management, and critical

222 objectives from multiple programs and organizations internal and

223 external to the department; and organize and manage external

224 communication on such priority issues.

225 d. Promote and facilitate key department initiatives to

226 address priority economic issues and explore data and identify

227 opportunities for innovative approaches to address such economic

228 issues.

229 e. Promote strategic planning for the department.

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

231 a. Create and implement a statewide strategy and program to

232 foster and promote immigrant and refugee inclusion in this state

233 in order to improve economic mobility, enhance civic

234 participation, and improve receiving communities’ openness to

235 immigrants and refugees.

236 b. Address this state’s workforce needs by connecting

237 employers and job seekers within the immigrant and refugee

238 communities.

239 c. Serve as an information clearinghouse for state agencies

240 on immigration-related policy issues and coordinate among

241 agencies as appropriate to make policy recommendations.

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

243 other agencies dealing with professional regulations.

244 e. Identify and support implementation of programs and

245 strategies, including the creation of alternative employment

246 pathways, to reduce employment barriers for immigrants and

247 refugees.

248 f. Work with state agencies and community and foundation

249 partners to undertake studies and to research and analyze

250 economic and demographic trends to better understand and serve

251 this state’s immigrant and refugee communities.

252 g. Coordinate and establish best practices for language

253 access initiatives for all state agencies.

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

255 Statutes, is amended to read:

256 322.08 Application for license; requirements for license

257 and identification card forms.—

258 (2) Each such application shall include the following

259 information regarding the applicant:

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

261 proof of social security card number satisfactory to the

262 department, which may include a military identification card,

263 county of residence, mailing address, proof of residential

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

265 brief description. An applicant who cannot provide a social

266 security card number must provide proof of a number associated

267 with a document establishing identity, as specified in paragraph

268 (c).

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

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

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

272 applicant:

273 1. A driver license record or identification card record

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

275 2005, Pub. L. No. 109-13, and which required the applicant to

276 submit a document for identification which is substantially

277 similar to a document required under subparagraph 2.,

278 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph

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

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

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

282 card . ;

283 4. A naturalization certificate issued by the United States

284 Department of Homeland Security . ;

285 5. A valid, unexpired alien registration receipt card

286 (green card) . ;

287 6. A Consular Report of Birth Abroad provided by the United

288 States Department of State . ;

289 7. An unexpired employment authorization card issued by the

290 United States Department of Homeland Security . ~~; or~~

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

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

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

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

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

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

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

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

299 ~~continuous lawful presence~~ :

300 a. A notice of hearing from an immigration court scheduling

301 a hearing on any proceeding.

302 b. A notice from the Board of Immigration Appeals

303 acknowledging pendency of an appeal.

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

305 adjustment of status issued by the United States Citizenship and

306 Immigration Services.

307 d. An official documentation confirming the filing of a

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

309 by the United States Citizenship and Immigration Services.

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

311 another jurisdiction to this state issued by the United States

312 Citizenship and Immigration Services.

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

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

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

316 g. Evidence that an application is pending for adjustment

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

318 residence in the United States or conditional permanent resident

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

320 having a current priority date for processing by the United

321 States Citizenship and Immigration Services.

322 h. An unexpired passport issued by the government of

323 another country with:

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

325 the passport to evidence and authorize lawful presence in the

326 United States; or

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

328 or unexpired immigrant visa, issued by the Federal Government.

329 9. A passport issued by a foreign government.

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

331 11. A consular identification document.

332 12. A national identification card issued by a foreign

333 government.

334 13. A driver license issued by a foreign government. If the

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

336 driver license must be accompanied by a certified translation or

337 an affidavit of translation into English.

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

339 public or private primary or secondary school or a postsecondary

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

341 applicant’s date of birth or, if a foreign school document, is

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

343 at the age the record was issued.

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

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

346 proceeding.

347 16. An income tax return.

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

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

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

351 a certified translation or an affidavit of translation into

352 English.

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

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

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

356 accompanied by a certified translation or an affidavit of

357 translation into English.

359 A driver license or temporary permit issued based on documents

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

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

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

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

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

365 based on documents required in subparagraph 14., subparagraph

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

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

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

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

370 license or driving privilege has ever been disqualified,

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

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

373 disqualification, suspension, revocation, or refusal.

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

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

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

377 Statutes, is amended to read:

378 322.12 Examination of applicants.—

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

380 applicant for an original driver license in this state be

381 required to pass an examination pursuant to this section.

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

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

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

385 322.08(2)(c)9., 10., 11., 12., 13., 14., 15., 16., 17., or 18.,

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

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

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

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

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

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

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

393 administered by the tax collector, the tax collector shall

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

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

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

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

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

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

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

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

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

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

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

405 within 2 years before applying for a commercial driver license

406 in this state.

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

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

409 section, to read:

410 322.142 Color photographic or digital imaged licenses ;

411 protection of personal information .—

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

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

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

415 together with other data required by the department for

416 identification and retrieval. Reproductions from the file or

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

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

419 purposes :

420 (a) For departmental administrative purposes . ;

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

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

423 as provided in subsection (5). ;

424 (d) To the Department of Business and Professional

425 Regulation and the Department of Health pursuant to an

426 interagency agreement for the purpose of accessing digital

427 images for reproduction of licenses issued by the Department of

428 Business and Professional Regulation or the Department of

429 Health . ;

430 (e) To the Department of State or a supervisor of elections

431 pursuant to an interagency agreement to facilitate

432 determinations of eligibility of voter registration applicants

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

434 (f) To the Department of Revenue pursuant to an interagency

435 agreement for use in establishing paternity and establishing,

436 modifying, or enforcing support obligations in Title IV-D

437 cases . ;

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

439 an interagency agreement to conduct protective investigations

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

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

442 an interagency agreement specifying the number of employees in

443 each of that department’s regions to be granted access to the

444 records for use as verification of identity to expedite the

445 determination of eligibility for public assistance and for use

446 in public assistance fraud investigations . ;

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

448 to an interagency agreement for the purpose of authorized

449 agencies verifying photographs in the Care Provider Background

450 Screening Clearinghouse authorized under s. 435.12 . ;

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

452 interagency agreement to facilitate the location of owners of

453 unclaimed property, the validation of unclaimed property claims,

454 the identification of fraudulent or false claims, and the

455 investigation of allegations of violations of the insurance code

456 by licensees and unlicensed persons . ;

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

458 interagency agreement to facilitate the validation of

459 reemployment assistance claims and the identification of

460 fraudulent or false reemployment assistance claims . ;

461 (l) To district medical examiners pursuant to an

462 interagency agreement for the purpose of identifying a deceased

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

464 kin of any investigations, including autopsies and other

465 laboratory examinations, authorized in s. 406.11 . ;

466 (m) To the following persons for the purpose of identifying

467 a person as part of the official work of a court:

468 1. A justice or judge of this state;

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

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

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

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

473 3. A government employee who performs functions on behalf

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

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

476 his or her designee . ~~; or~~

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

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

479 Agency for Health Care Administration enters into an agreement

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

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

482 not be limited to:

483 1. Provisions requiring internal controls and audit

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

485 information.

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

487 the Agency for Health Care Administration within 1 business day

488 after the discovery of the unauthorized access or use.

489 3. Provisions for liquidated damages for unauthorized

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

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

492 the “Driver License Privacy Act.”

493 (b) For purposes of this subsection, the term “agency that

494 primarily enforces immigration law” includes, but is not limited

495 to, United States Immigration and Customs Enforcement, United

496 States Customs and Border Protection, or any successor agencies

497 that have similar duties.

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

499 a driver license or learner’s driver license that meets federal

500 standards for identification, the department may not disclose or

501 make accessible, in any manner, to any agency that primarily

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

503 agency photographs and related information pertaining to persons

504 whose images or personal identifying information are possessed

505 by the department, unless the department is presented with a

506 lawful court order or judicial warrant signed by a judge

507 appointed under Article III of the United States Constitution.

508 Within 3 days after receiving a request for information under

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

510 the person about whom such information was requested of the

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

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

513 information from the department under this subsection, the

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

515 department that the person or entity will not:

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

517 2. Disclose such information to any agency that primarily

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

519 agency unless such disclosure is pursuant to a cooperative

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

521 the arrangement does not enforce immigration law, and if the

522 disclosure is limited to the specific information being sought

523 pursuant to the arrangement.

524 (e) In addition to any records required to be kept pursuant

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

526 has access to information from the department under this

527 subsection must keep both of the following records for a period

528 of 5 years:

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

530 2. Records that identify each person or entity that

531 primarily enforces immigration law which receives such

532 department information from the person or entity.

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

534 maintained in a manner and form prescribed by department rule

535 and must be available for inspection by the department.

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

537 Statutes, is amended to read:

538 322.17 Replacement licenses and permits.—

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

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

541 driver license using an identification document authorized under

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

543 not obtain a duplicate or replacement instruction permit or

544 driver license except in person and upon submission of an

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

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

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

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

549 amended to read:

550 322.18 Original applications, licenses, and renewals;

551 expiration of licenses; delinquent licenses.—

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

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

554 driver license, as follows:

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

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

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

558 ~~322.08(2)(c)7. or 8.~~ , the driver license shall expire 8 years 1

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

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

561 documents, whichever date first occurs.

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

563 an applicant establishes his or her identity for a driver

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

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

566 issuance.

567 (4)

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

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

570 license using an identification document authorized under s.

571 322.08(2)(c)7.-13. ~~s. 322.08(2)(c)7. or 8.~~ , the licensee may not

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

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

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

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

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

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

578 occurs.

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

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

581 using an identification document authorized under s.

582 322.08(2)(c)14.-18., the licensee may only renew the driver

583 license in person and upon submission of an identification

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

585 license renewed under this subparagraph expires 8 years after

586 the date of issuance.

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

588 Statutes, is amended to read:

589 322.19 Change of address, name, or citizenship status.—

590 (5) Notwithstanding any other provision of this chapter, if

591 a licensee established his or her identity for a driver license

592 using an identification document authorized under s.

593 322.08(2)(c)7.-18. ~~s. 322.08(2)(c)7. or 8.~~ , the licensee may not

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

595 submission of an identification document authorized under s.

596 322.08(2)(c)7.-18. ~~s. 322.08(2)(c)7. or 8.~~

597 Section 9. Section 395.3027, Florida Statutes, is 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 licensing

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

603 renewal based solely on the immigration status of a child under

604 the care of the child care facility.

605 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 or~~

616 ~~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 has~~

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

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

657 ~~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 Court

696 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 of

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

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

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

717 or marital status and thereby to protect their interest in

718 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 to

724 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 to

735 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 to

753 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 (b)

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

763 (a) of subsection (9) of section 760.10, Florida Statutes, are

764 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 employment

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

782 to discriminate against, any individual because of race, color,

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

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

785 for employment any individual on the basis of race, color,

786 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 employer,

803 labor organization, or joint labor-management committee

804 controlling apprenticeship or other training or retraining,

805 including on-the-job training programs, to discriminate against

806 any individual because of race, color, religion, sex, pregnancy,

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

808 status in admission to, or employment in, any program

809 established to provide apprenticeship or other training.

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

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

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

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

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

815 any person to discriminate against any other person seeking such

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

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

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

819 because of such other person’s race, color, religion, sex,

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

821 or marital status.

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

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

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

825 notice or advertisement relating to employment, membership,

826 classification, referral for employment, or apprenticeship or

827 other training, indicating any preference, limitation,

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

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

830 handicap, immigration status, or marital status.

831 (9) Notwithstanding any other provision of this section, it

832 is not an unlawful employment practice under ss. 760.01-760.10

833 for an employer, employment agency, labor organization, or joint

834 labor-management committee to:

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

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

837 immigration status, or marital status in those certain instances

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

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

840 marital status is a bona fide occupational qualification

841 reasonably necessary for the performance of the particular

842 employment to which such action or inaction is related.

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

844 Florida Statutes, are amended to read:

845 760.23 Discrimination in the sale or rental of housing and

846 other prohibited practices.—

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

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

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

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

851 sex, disability, familial status, immigration status, or

852 religion.

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

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

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

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

857 sex, disability, familial status, immigration status, or

858 religion.

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

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

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

862 that indicates any preference, limitation, or discrimination

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

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

865 any such preference, limitation, or discrimination.

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

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

868 immigration status, or religion that any dwelling is not

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

870 in fact so available.

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

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

873 representation regarding the entry or prospective entry into the

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

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

876 status, or religion.

877 Section 19. Section 760.24, Florida Statutes, is amended to

878 read:

879 760.24 Discrimination in the provision of brokerage

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

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

882 real estate brokers’ organization, or other service,

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

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

885 terms or conditions of such access, membership, or

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

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

888 Section 20. Subsection (1) and paragraph (a) of subsection

889 (2) of section 760.25, Florida Statutes, are amended to read:

890 760.25 Discrimination in the financing of housing or in

891 residential real estate transactions.—

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

893 association, insurance company, or other corporation,

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

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

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

897 applying for the loan for the purpose of purchasing,

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

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

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

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

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

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

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

905 financial assistance or the purposes of such loan or other

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

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

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

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

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

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

912 business includes engaging in residential real estate

913 transactions to discriminate against any person in making

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

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

916 sex, disability, familial status, immigration status, or

917 religion.

918 Section 21. Section 760.26, Florida Statutes, is amended to

919 read:

920 760.26 Prohibited discrimination in land use decisions and

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

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

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

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

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

926 development.

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

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

929 760.29 Exemptions.—

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

931 organization, association, or society, or any nonprofit

932 institution or organization operated, supervised, or controlled

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

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

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

936 purpose to persons of the same religion or from giving

937 preference to such persons, unless membership in such religion

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

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

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

941 incident to its primary purpose or purposes provides lodgings

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

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

944 members or from giving preference to its members.

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

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

947 furnishing appraisals of real property from taking into

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

949 sex, disability, familial status, immigration status, or

950 religion.

951 Section 23. Section 760.45, Florida Statutes, is created to

952 read:

953 760.45 Discrimination on the basis of certain driver

954 licenses prohibited.—

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

956 establishment or an employer, may not discriminate against an

957 individual because the individual holds or presents a driver

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

959 L. No. 109-13.

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

961 driver license unless possessing a driver license is required by

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

963 not be construed to limit or expand an employer’s authority to

964 require an employee to possess a driver license.

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

966 following:

967 (a) Alter an employer’s rights or obligations under the

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

969 obtaining documentation that evidences identity and

970 authorization for employment.

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

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

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

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

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

976 financial assistance from, the state may not discriminate

977 against an individual because the individual holds or presents a

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

979 2005, Pub. L. No. 109-13. This prohibition includes, but is not

980 limited to, notifying a law enforcement agency of the

981 individual’s identity or that the individual holds a driver

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

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

984 not have been provided if the individual’s driver license had

985 been compliant with such act.

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

987 Statutes, is amended to read:

988 760.60 Discriminatory practices of certain clubs

989 prohibited; remedies.—

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

991 individual because of race, color, religion, gender, national

992 origin, handicap, age above the age of 21, immigration status,

993 or marital status in evaluating an application for membership in

994 a club that has more than 400 members, that provides regular

995 meal service, and that regularly receives payment for dues,

996 fees, use of space, facilities, services, meals, or beverages

997 directly or indirectly from nonmembers for business purposes. It

998 is unlawful for a person, on behalf of such a club, to publish,

999 circulate, issue, display, post, or mail any advertisement,

1000 notice, or solicitation that contains a statement to the effect

1001 that the accommodations, advantages, facilities, membership, or

1002 privileges of the club are denied to any individual because of

1003 race, color, religion, gender, national origin, handicap, age

1004 above the age of 21, immigration status, or marital status. This

1005 subsection does not apply to fraternal or benevolent

1006 organizations, ethnic clubs, or religious organizations where

1007 business activity is not prevalent.

1008 Section 25. Section 775.0848, Florida Statutes, is amended

1009 to read:

1010 775.0848 Commission of a felony after unlawful reentry into

1011 the United States ~~Offenses committed by an unauthorized alien~~ ;

1012 reclassification.— A person who has been previously convicted of

1013 a crime relating to the reentry of removed aliens under 8 U.S.C.

1014 s. 1326 shall have the penalty for committing a ~~any misdemeanor~~

1015 or felony after such conviction ~~committed by an unauthorized~~

1016 ~~alien as defined in s. 908.111 shall be~~ reclassified in the

1017 following manner:

1018 ~~(1) A misdemeanor of the second degree is reclassified to a~~

1019 ~~misdemeanor of the first degree.~~

1020 ~~(2) A misdemeanor of the first degree is reclassified to a~~

1021 ~~felony of the third degree.~~

1022 (1) ~~(3)~~ A felony of the third degree is reclassified to a

1023 felony of the second degree.

1024 (2) ~~(4)~~ A felony of the second degree is reclassified to a

1025 felony of the first degree.

1026 (3) ~~(5)~~ A felony of the first degree is reclassified to a

1027 life felony.

1028 Section 26. Section 787.07, Florida Statutes, is repealed.

1029 Section 27. Subsection (6) of section 908.102, Florida

1030 Statutes, is amended to read:

1031 908.102 Definitions.—As used in this chapter, the term:

1032 ~~(6) “Sanctuary policy” means a law, policy, practice,~~

1033 ~~procedure, or custom adopted or allowed by a state entity or~~

1034 ~~local governmental entity which prohibits or impedes a law~~

1035 ~~enforcement agency from complying with 8 U.S.C. s. 1373 or which~~

1036 ~~prohibits or impedes a law enforcement agency from communicating~~

1037 ~~or cooperating with a federal immigration agency so as to limit~~

1038 ~~such law enforcement agency in, or prohibit the agency from:~~

1039 ~~(a) Complying with an immigration detainer;~~

1040 ~~(b) Complying with a request from a federal immigration~~

1041 ~~agency to notify the agency before the release of an inmate or~~

1042 ~~detainee in the custody of the law enforcement agency;~~

1043 ~~(c) Providing a federal immigration agency access to an~~

1044 ~~inmate for interview;~~

1045 ~~(d) Participating in any program or agreement authorized~~

1046 ~~under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s.~~

1047 ~~1357 as required by s. 908.11;~~

1048 ~~(e) Providing a federal immigration agency with an inmate’s~~

1049 ~~incarceration status or release date;~~

1050 ~~(f) Providing information to a state entity on the~~

1051 ~~immigration status of an inmate or detainee in the custody of~~

1052 ~~the law enforcement agency;~~

1053 ~~(g) Executing a lawful judicial warrant; or~~

1054 ~~(h) Participating in a federal immigration operation with a~~

1055 ~~federal immigration agency as permitted by federal and state~~

1056 ~~law.~~

1057 Section 28. Sections 908.103, 908.105, and 908.106, Florida

1058 Statutes, are repealed.

1059 Section 29. Paragraph (h) is added to subsection (3) of

1060 section 908.1031, Florida Statutes, to read:

1061 908.1031 State Board of Immigration Enforcement; creation;

1062 purpose and duties.—

1063 (3) The board is the chief immigration enforcement officer

1064 of the state and shall:

1065 (h) Investigate any complaints received for violations of

1066 and otherwise enforce the Visible Identification Standards for

1067 Immigration-Based Law Enforcement Act pursuant to s. 908.14.

1068 Section 30. Paragraph (i) is added to subsection (4) of

1069 section 908.1032, Florida Statutes, to read:

1070 908.1032 State Immigration Enforcement Council.—The State

1071 Immigration Enforcement Council, an advisory council as defined

1072 in s. 20.03, is created within the State Board of Immigration

1073 Enforcement for the purpose of advising the board.

1074 (4) The council shall:

1075 (i) Collect data relating to the Visible Identification

1076 Standards for Immigration-Based Law Enforcement Act and, by June

1077 30 of each year, submit to the President of the Senate and the

1078 Speaker of the House of Representatives a report in accordance

1079 with s. 908.14.

1080 Section 31. Section 908.104, Florida Statutes, is amended

1081 to read:

1082 908.104 Cooperation with federal immigration authorities.

1083 To ensure compliance with Title VII of the Civil Rights Act of

1084 1964,

1085 ~~(1) Consistent with all duties created in state and federal~~

1086 ~~law, state and local law enforcement agencies and any official~~

1087 ~~responsible for directing or supervising such agency shall use~~

1088 ~~best efforts to support the enforcement of federal immigration~~

1089 ~~law. This subsection applies to an official, representative,~~

1090 ~~agent, or employee of the entity or agency only when he or she~~

1091 ~~is acting within the scope of his or her official duties or~~

1092 ~~within the scope of his or her employment.~~

1093 ~~(2) Except as otherwise expressly prohibited by federal~~

1094 ~~law, a state entity, local governmental entity, or law~~

1095 ~~enforcement agency, or an employee, an agent, or a~~

1096 ~~representative of the entity or agency, may not prohibit or in~~

1097 ~~any way restrict a law enforcement agency from taking any of the~~

1098 ~~following actions with respect to information regarding a~~

1099 ~~person’s immigration status:~~

1100 ~~(a) Sending the information to or requesting, receiving, or~~

1101 ~~reviewing the information from a federal immigration agency for~~

1102 ~~purposes of this chapter.~~

1103 ~~(b) Recording and maintaining the information for purposes~~

1104 ~~of this chapter.~~

1105 ~~(c) Exchanging the information with a federal immigration~~

1106 ~~agency or another state entity, local governmental entity, or~~

1107 ~~law enforcement agency for purposes of this chapter.~~

1108 ~~(d) Using the information to comply with an immigration~~

1109 ~~detainer.~~

1110 ~~(e) Using the information to confirm the identity of a~~

1111 ~~person who is detained by a law enforcement agency.~~

1112 ~~(f) Sending the applicable information obtained pursuant to~~

1113 ~~enforcement of s. 448.095 to a federal immigration agency.~~

1114 ~~(3) A state entity, local governmental entity, or law~~

1115 ~~enforcement agency may not prohibit or in any way restrict a law~~

1116 ~~enforcement officer from executing or assisting in the execution~~

1117 ~~of a lawful judicial warrant.~~

1118 ~~(4)(a) For purposes of this subsection, the term~~

1119 ~~“applicable criminal case” means a criminal case in which:~~

1120 ~~1. The judgment requires the defendant to be confined in a~~

1121 ~~secure correctional facility; and~~

1122 ~~2. The judge:~~

1123 ~~a. Indicates in the record under s. 908.105 that the~~

1124 ~~defendant is subject to an immigration detainer; or~~

1125 ~~b. Otherwise indicates in the record that the defendant is~~

1126 ~~subject to a transfer into federal custody.~~

1127 ~~(b) In an applicable criminal case, when the judge~~

1128 ~~sentences a defendant who is the subject of an immigration~~

1129 ~~detainer to confinement, the judge shall issue an order~~

1130 ~~requiring the secure correctional facility in which the~~

1131 ~~defendant is to be confined to reduce the defendant’s sentence~~

1132 ~~by a period of not more than 12 days on the facility’s~~

1133 ~~determination that the reduction in sentence will facilitate the~~

1134 ~~seamless transfer of the defendant into federal custody. For~~

1135 ~~purposes of this paragraph, the term “secure correctional~~

1136 ~~facility” means a state correctional institution as defined in~~

1137 ~~s. 944.02 or a county detention facility or a municipal~~

1138 ~~detention facility as defined in s. 951.23.~~

1139 ~~(c) If the information specified in sub-subparagraph~~

1140 ~~(a)2.a. or sub-subparagraph (a)2.b. is not available at the time~~

1141 ~~the sentence is pronounced in the case, but is received by a law~~

1142 ~~enforcement agency afterwards, the law enforcement agency shall~~

1143 ~~notify the judge who shall issue the order described by~~

1144 ~~paragraph (b) as soon as the information becomes available.~~

1145 ~~(5)~~ when a county correctional facility or the Department

1146 of Corrections receives verification from a federal immigration

1147 agency that a person subject to an immigration detainer is in

1148 the law enforcement agency’s custody, the agency must facilitate

1149 a screening of the person by a public defender to determine if

1150 the person is or has been a necessary witness or victim of a

1151 crime of domestic violence, rape, sexual exploitation, sexual

1152 assault, murder, manslaughter, assault, battery, human

1153 trafficking, kidnapping, false imprisonment, involuntary

1154 servitude, fraud in foreign labor contracting, blackmail,

1155 extortion, or witness tampering. The screening must be in the

1156 preferred language of the person being detained. If the public

1157 defender determines that the person is a necessary witness or

1158 victim of the aforementioned acts, the county correctional

1159 facility or the Department of Corrections may decline to comply

1160 with the federal immigration detainer. Otherwise, the county

1161 correctional facility or the Department of Corrections may

1162 securely transport the person to a federal facility in this

1163 state or to another point of transfer to federal custody outside

1164 the jurisdiction of the law enforcement agency. The law

1165 enforcement agency may transfer a person who is subject to an

1166 immigration detainer and is confined in a secure correctional

1167 facility to the custody of a federal immigration agency not

1168 earlier than 12 days before his or her release date. A law

1169 enforcement agency shall obtain judicial authorization before

1170 securely transporting an alien to a point of transfer outside of

1171 this state.

1172 ~~(6) Upon request from a federal immigration agency, a~~

1173 ~~sheriff or chief correctional officer operating a county~~

1174 ~~detention facility must provide the requesting federal~~

1175 ~~immigration agency a list of all inmates booked into a county~~

1176 ~~detention facility and any information regarding each inmate’s~~

1177 ~~immigration status.~~

1178 ~~(7) This section does not require a state entity, local~~

1179 ~~governmental entity, or law enforcement agency to provide a~~

1180 ~~federal immigration agency with information related to a victim~~

1181 ~~of or a witness to a criminal offense if:~~

1182 ~~(a) The victim or witness is necessary to the investigation~~

1183 ~~or prosecution of a crime, and such crime occurred in the United~~

1184 ~~States; and~~

1185 ~~(b) The victim or witness timely and in good faith responds~~

1186 ~~to the entity’s or agency’s request for information and~~

1187 ~~cooperates in the investigation or prosecution of such offense.~~

1188 ~~(8) A state entity, local governmental entity, or law~~

1189 ~~enforcement agency that, pursuant to subsection (7), withholds~~

1190 ~~information regarding the immigration information of a victim of~~

1191 ~~or witness to a criminal offense shall document the victim’s or~~

1192 ~~witness’s cooperation in the entity’s or agency’s investigative~~

1193 ~~records related to the offense and shall retain the records for~~

1194 ~~at least 10 years for the purpose of audit, verification, or~~

1195 ~~inspection by the Auditor General.~~

1196 ~~(9) This section does not authorize a law enforcement~~

1197 ~~agency to detain an alien unlawfully present in the United~~

1198 ~~States pursuant to an immigration detainer solely because the~~

1199 ~~alien witnessed or reported a crime or was a victim of a~~

1200 ~~criminal offense.~~

1201 ~~(10) This section does not apply to any alien unlawfully~~

1202 ~~present in the United States if he or she is or has been a~~

1203 ~~necessary witness or victim of a crime of domestic violence,~~

1204 ~~rape, sexual exploitation, sexual assault, murder, manslaughter,~~

1205 ~~assault, battery, human trafficking, kidnapping, false~~

1206 ~~imprisonment, involuntary servitude, fraud in foreign labor~~

1207 ~~contracting, blackmail, extortion, or witness tampering,~~

1208 ~~provided that such crime was committed in the United States.~~

1209 ~~Documentation, including, but not limited to, police reports,~~

1210 ~~testimony, sworn statements, or a victim impact statement, must~~

1211 ~~be relied upon to verify that the person was a necessary witness~~

1212 ~~or victim to the crime.~~

1213 Section 32. Section 908.1041, Florida Statutes, is created

1214 to read:

1215 908.1041 Prohibition against engaging in immigration

1216 enforcement activities near public and private schools, child

1217 care facilities, or religious institutions.—

1218 (1) As used in this section, the term:

1219 (a) “Child care facility” has the same meaning as in s.

1220 402.302.

1221 (b) “Immigration enforcement activities” means any action

1222 by a law enforcement officer or agency, including, but not

1223 limited to, the identification, detention, questioning,

1224 investigation, or arrest of individuals based on their

1225 immigration status.

1226 (c) “Private school” has the same meaning as in s. 1002.01.

1227 (d) “Public school” means any facility or location

1228 providing primary or secondary education, including, but not

1229 limited to, public K-12 schools, charter schools, and school

1230 grounds.

1231 (e) “Religious institution” means any building or space

1232 primarily used for religious worship or practices, including,

1233 but not limited to, a church, synagogue, mosque, temple, and

1234 other place of religious gathering.

1235 (2) A law enforcement agency, law enforcement officer,

1236 sheriff’s deputy, or federal immigration agency may not engage

1237 in or cooperate with immigration enforcement activities or

1238 engage in or cooperate with immigration enforcement activities

1239 pursuant to the Unauthorized Alien Transport Program under s.

1240 908.13 within 500 feet of any public or private school, child

1241 care facility, or religious institution, except in cases of

1242 exigent circumstances when immediate action is necessary to

1243 prevent harm or death. A local law enforcement agency, law

1244 enforcement officer, sheriff’s deputy, or federal immigration

1245 agency may not:

1246 (a) Use agency resources, personnel, or authority to

1247 question, detain, or arrest individuals solely based on their

1248 immigration status on the grounds of, or within 500 feet of, a

1249 public or private school, child care facility, or religious

1250 institution.

1251 (b) Collaborate with federal immigration agency authorities

1252 for immigration enforcement purposes within or around the areas

1253 described in this subsection unless authorized to do so by a

1254 court with jurisdiction over the matter.

1255 (3) This section does not prohibit a local law enforcement

1256 agency, law enforcement officer, sheriff’s deputy, or federal

1257 immigration agency from engaging in activities related to

1258 criminal investigations, emergency responses, or school safety

1259 as authorized by law, provided such activities do not involve

1260 immigration enforcement activities.

1261 (4) By August 1, 2026, each local law enforcement agency

1262 shall submit to the Department of Law Enforcement a report

1263 detailing policies and protocols for compliance with this

1264 section, including training protocols for officers.

1265 (5) A local law enforcement agency, law enforcement

1266 officer, or sheriff’s deputy who violates this section may be

1267 subject to disciplinary action by the local governmental entity,

1268 including suspension, dismissal, or loss of funding for local

1269 enforcement efforts.

1270 Section 33. Subsections (3) and (4) of section 908.107,

1271 Florida Statutes, are amended to read:

1272 908.107 Enforcement.—

1273 ~~(3) If a local governmental entity or local law enforcement~~

1274 ~~agency violates this chapter, the court must enjoin the unlawful~~

1275 ~~sanctuary policy. The court has continuing jurisdiction over the~~

1276 ~~parties and subject matter and may enforce its orders with the~~

1277 ~~initiation of contempt proceedings as provided by law.~~

1278 ~~(4) An order approving a consent decree or granting an~~

1279 ~~injunction must include written findings of fact that describe~~

1280 ~~with specificity the existence and nature of the sanctuary~~

1281 ~~policy that violates this chapter.~~

1282 Section 34. Section 908.11, Florida Statutes, is amended to

1283 read:

1284 908.11 Immigration enforcement assistance agreements;

1285 reporting requirement.—

1286 (1) Beginning January 1, 2027, the sheriff or the chief

1287 correctional officer operating a county detention facility may

1288 not ~~must~~ enter into or renew a written agreement with the United

1289 States Immigration and Customs Enforcement to participate in the

1290 immigration program established under s. 287(g) of the

1291 Immigration and Nationality Act, 8 U.S.C. s. 1357. The State

1292 Board of Immigration Enforcement must approve the termination of

1293 any such agreement. ~~This subsection does not require a sheriff~~

1294 ~~or chief correctional officer operating a county detention~~

1295 ~~facility to participate in a particular program model.~~

1296 (2) Beginning no later than April 1, 2025, ~~and until~~ the

1297 sheriff or chief correctional officer operating a county

1298 detention facility that has such a ~~enters into the~~ written

1299 agreement ~~required under subsection (1), each sheriff or chief~~

1300 ~~correctional officer operating a county detention facility~~ must

1301 notify the State Board of Immigration Enforcement ~~quarterly~~ of

1302 the status of any active or pending agreement.

1303 (3) The Department of Law Enforcement must establish a

1304 regular training schedule to educate relevant employees and

1305 other state entities that collaborate with federal agencies

1306 about current immigration enforcement policies and priorities

1307 ~~such written agreement and any reason for noncompliance with~~

1308 ~~this section, if applicable~~ .

1309 Section 35. Section 908.14, Florida Statutes, is created to

1310 read:

1311 908.14 Visible Identification Standards for Immigration

1312 Based Law Enforcement Act.—

1313 (1) This act may be cited as the “VISIBLE Act.”

1314 (2) As used in this section, the term:

1315 (a) “Covered immigration officer” means a person who is

1316 authorized to perform immigration enforcement functions and who

1317 is:

1318 1. An officer or employee of a law enforcement agency;

1319 2. An officer or employee of United States Customs and

1320 Border Protection;

1321 3. An officer or employee of United States Immigration and

1322 Customs Enforcement; or

1323 4. A person authorized, deputized, or designated under

1324 federal law, regulation, or agreement to perform immigration

1325 enforcement functions.

1326 (b) “Public immigration enforcement function” means any

1327 activity that involves the direct exercise of federal

1328 immigration authority through public-facing actions, including a

1329 patrol, a stop, an arrest, a search, an interview to determine

1330 immigration status, a raid, a checkpoint inspection, or the

1331 service of a judicial or administrative warrant. The term does

1332 not include covert, nonpublic operations or nonenforcement

1333 activities.

1334 (c) “Visible identification” means the display of the name

1335 or widely recognized initials of the employing agency of a

1336 covered immigration officer and the officer’s last name or badge

1337 or identification number in a size and format that complies with

1338 the requirements in subsection (4).

1339 (3) A covered immigration officer who directly engages in a

1340 public immigration enforcement function within this state must

1341 wear visible identification at all times during such engagement.

1342 (4) The visible identification must meet all of the

1343 following requirements:

1344 (a) For the employing agency of the covered immigration

1345 officer, be displayed in a size and format that is clearly

1346 legible from a distance of not less than 25 feet, using

1347 materials or markings suitable for visibility in both daylight

1348 and low-light conditions under normal operational conditions.

1349 (b) For the covered immigration officer’s last name or

1350 badge or identification number, be displayed in a manner that is

1351 clearly visible and readable during direct engagement with the

1352 public.

1353 (c) Be displayed on the covered immigration officer’s

1354 outermost garment or gear and may not be obscured by tactical

1355 equipment, body armor, or accessories.

1356 (5) A covered immigration officer may not wear nonmedical

1357 face coverings, including masks or balaclavas, which impair the

1358 visibility of the identifying information required under this

1359 section or obscure the officer’s face unless such face covering

1360 is necessary to protect the integrity of a covert, nonpublic

1361 operation or to guard against hazardous environmental

1362 conditions.

1363 (6) The State Board of Immigration Enforcement shall do all

1364 of the following:

1365 (a) Receive and investigate complaints from the public

1366 concerning violations of this section.

1367 (b) Ensure that a covered immigration officer who fails to

1368 comply with the requirements of this section receives

1369 appropriate disciplinary action, including a written reprimand,

1370 suspension, or other personnel action, consistent with the

1371 policies of the officer’s employing agency and any applicable

1372 collective bargaining agreement.

1373 (c) Make recommendations to the Legislature concerning

1374 compliance with this section and corrective actions that should

1375 be taken.

1376 (d) Carry out its responsibilities under this section in

1377 accordance with its statutory authority.

1378 (7) By June 30, 2027, and annually thereafter, the State

1379 Immigration Enforcement Council shall submit to the President of

1380 the Senate and the Speaker of the House of Representatives a

1381 report that includes all of the following information:

1382 (a) The total number of public immigration enforcement

1383 functions conducted during the reporting period.

1384 (b) The number of documented instances of noncompliance

1385 with this section.

1386 (c) A summary of disciplinary or remedial actions taken

1387 against any covered immigration officer who did not comply with

1388 this section.

1389 Section 36. Section 921.1426, Florida Statutes, is

1390 repealed.

1391 Section 37. Section 943.1718, Florida Statutes, is amended

1392 to read:

1393 943.1718 Body cameras and face coverings ; policies and

1394 procedures ; penalties .—

1395 (1) DEFINITIONS.— As used in this section, the term:

1396 (a) “Body camera” means a portable electronic recording

1397 device that is worn on a law enforcement officer’s person that

1398 records audio and video data of the officer’s law-enforcement

1399 related encounters and activities.

1400 (b)1. “Face covering” means any opaque mask, garment,

1401 helmet, or other item, including, but not limited to, a

1402 balaclava, tactical mask, gator, ski mask, or any other similar

1403 type of facial covering or face-shielding item, which conceals

1404 or obscures the face of a person.

1405 2. The term does not include any of the following:

1406 a. A translucent face shield or clear mask that does not

1407 conceal the wearer’s face.

1408 b. A medical mask or surgical mask used to protect against

1409 the transmission of disease or infection.

1410 c. Any other mask or device, including, but not limited to,

1411 air-purifying respirators, full or half masks, or self-contained

1412 breathing apparatuses necessary to protect against exposure to a

1413 toxin, gas, smoke, or any other hazardous environmental

1414 condition.

1415 (c) ~~(b)~~ “Law enforcement agency” means an agency that has a

1416 primary mission of preventing and detecting crime and enforcing

1417 the penal, criminal, traffic, and motor vehicle laws of the

1418 state and in furtherance of that primary mission employs law

1419 enforcement officers as defined in s. 943.10.

1420 (d) ~~(c)~~ “Law enforcement officer” has the same meaning as

1421 provided in s. 943.10.

1422 (e) “Undercover investigation” means a planned act

1423 authorized by a law enforcement agency or a court order which

1424 uses an undercover operative to intentionally interact with a

1425 suspect or others or to obtain evidence of criminal activity.

1426 (f) “Undercover operative” means a law enforcement officer

1427 or a full-time sworn officer in this state or another state or

1428 the Federal Government using an assumed name or cover identity

1429 to interact with persons or entities to collect evidence of

1430 criminal activity.

1431 (2) BODY CAMERAS.—

1432 (a) A law enforcement agency that permits its law

1433 enforcement officers to wear body cameras shall establish

1434 policies and procedures addressing the proper use, maintenance,

1435 and storage of body cameras and the data recorded by body

1436 cameras. The policies and procedures must include:

1437 1. ~~(a)~~ General guidelines for the proper use, maintenance,

1438 and storage of body cameras.

1439 2. ~~(b)~~ Any limitations on which law enforcement officers are

1440 permitted to wear body cameras.

1441 3. ~~(c)~~ Any limitations on law-enforcement-related encounters

1442 and activities in which law enforcement officers are permitted

1443 to wear body cameras.

1444 4. ~~(d)~~ A provision permitting a law enforcement officer

1445 using a body camera to review the recorded footage from the body

1446 camera, upon his or her own initiative or request, before

1447 writing a report or providing a statement regarding any event

1448 arising within the scope of his or her official duties. Any such

1449 provision may not apply to an officer’s inherent duty to

1450 immediately disclose information necessary to secure an active

1451 crime scene or to identify suspects or witnesses.

1452 5. ~~(e)~~ General guidelines for the proper storage, retention,

1453 and release of audio and video data recorded by body cameras.

1454 (b) ~~(3)~~ A law enforcement agency that permits its law

1455 enforcement officers to wear body cameras shall:

1456 1. ~~(a)~~ Ensure that all personnel who wear, use, maintain, or

1457 store body cameras are trained in the law enforcement agency’s

1458 policies and procedures concerning them.

1459 2. ~~(b)~~ Ensure that all personnel who use, maintain, store,

1460 or release audio or video data recorded by body cameras are

1461 trained in the law enforcement agency’s policies and procedures.

1462 3. ~~(c)~~ Retain audio and video data recorded by body cameras

1463 in accordance with the requirements of s. 119.021, except as

1464 otherwise provided by law.

1465 4. ~~(d)~~ Perform a periodic review of actual agency body

1466 camera practices to ensure conformity with the agency’s policies

1467 and procedures.

1468 (c) ~~(4)~~ Chapter 934 does not apply to body camera recordings

1469 made by law enforcement agencies that elect to use body cameras.

1470 (3) FACE COVERINGS.—

1471 (a) A law enforcement officer may not wear a face covering

1472 in the performance of his or her official duties.

1473 (b) Before undertaking an undercover investigation that is

1474 reasonably likely to involve a law enforcement officer wearing a

1475 face covering in the performance of his or her official duties,

1476 a law enforcement agency must provide advance notice to the

1477 sheriff with jurisdiction over the location in which the

1478 undercover investigation takes place. Such notice must be given

1479 at least 12 hours before the undercover investigation begins and

1480 must include when and where the law enforcement officer will be

1481 operating, his or her planned actions, and the approximate time

1482 and duration of the undercover investigation.

1483 (c) Paragraph (a) does not apply to:

1484 1. A law enforcement officer performing his or her duties

1485 as an undercover operative during an active undercover

1486 investigation;

1487 2. Protective gear used by a Special Weapons and Tactics

1488 (SWAT) team officer which is necessary to protect his or her

1489 face from harm while performing SWAT team duties and

1490 responsibilities; or

1491 3. Exigent circumstances that involve an immediate danger

1492 or threat to persons or property or the escape of a perpetrator.

1493 (d) A first violation of this subsection is an infraction.

1494 A second or subsequent violation of this subsection is a

1495 misdemeanor of the second degree, punishable as provided in s.

1496 775.082 or s. 775.083.

1497 (e) On or before October 1, 2026, the Department of Law

1498 Enforcement shall adopt rules regulating the use of face

1499 coverings to comply with this subsection.

1500 Section 38. Present paragraphs (b) and (c) of subsection

1501 (3) of section 943.325, Florida Statutes, are redesignated as

1502 paragraphs (c) and (d), respectively, and paragraph (a) of

1503 subsection (3) and paragraphs (b) and (f) of subsection (7) of

1504 that section are amended, to read:

1505 943.325 DNA database.—

1506 (3) COLLECTION OF SAMPLES.—

1507 (a) Each qualifying offender must ~~shall~~ submit a DNA sample

1508 at the time he or she is booked into a jail, correctional

1509 facility, or juvenile facility.

1510 (b) A person who becomes a qualifying offender solely

1511 because of the issuance of an immigration detainer by a federal

1512 immigration agency may ~~must~~ submit a DNA sample when the law

1513 enforcement agency having custody of the offender receives the

1514 detainer. A law enforcement agency may not forcibly extract a

1515 DNA sample from such person, and the person may not be charged

1516 with a criminal offense solely for refusing to submit a DNA

1517 sample.

1518 (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—

1519 (b) Arrested qualifying offenders must submit a DNA sample

1520 at the time they are booked into a jail, correctional facility,

1521 or juvenile facility , except as provided in paragraph (3)(b) .

1522 ~~(f) A law enforcement agency having custody of a person who~~

1523 ~~becomes a qualifying offender solely because of the issuance of~~

1524 ~~an immigration detainer by a federal immigration agency shall~~

1525 ~~ensure that a DNA sample is taken from the offender immediately~~

1526 ~~after the agency receives the detainer and shall secure and~~

1527 ~~transmit the sample to the department in a timely manner.~~

1528 Section 39. Present subsection (9) of section 1000.05,

1529 Florida Statutes, is renumbered as subsection (10), and a new

1530 subsection (9) is added to that section, to read:

1531 1000.05 Discrimination against students and employees in

1532 the Florida K-20 public education system prohibited; equality of

1533 access required.—

1534 (9)(a) As used in this subsection, the term:

1535 1. “Citizenship or immigration status” means any matter

1536 regarding citizenship of the United States or any other country

1537 or the authority or lack thereof to reside in or otherwise to be

1538 present in the United States, including a person’s nationality

1539 and country of citizenship.

1540 2. “Law enforcement agent” means an agent of federal,

1541 state, or local law enforcement who has the power to arrest or

1542 detain a person or manage the custody of a detained person for a

1543 law enforcement purpose, including civil immigration

1544 enforcement. The term does not include a safe-school officer

1545 under s. 1006.12.

1546 3. “Nonjudicial warrant” means a warrant issued by a

1547 federal, state, or local agency with the power to arrest or

1548 detain a person for any law enforcement purpose, including civil

1549 immigration enforcement. The term includes an immigration

1550 detainer as defined in s. 908.102. The term does not include a

1551 criminal warrant issued upon a judicial determination of

1552 probable cause in compliance with the requirements of the Fourth

1553 Amendment to the United States Constitution or s. 12, Art. I of

1554 the State Constitution.

1555 4. “Prevailing party” means a party:

1556 a. Who obtains some of his or her requested relief through

1557 a judicial judgment in his or her favor;

1558 b. Who obtains some of his or her requested relief through

1559 a settlement agreement approved by the court; or

1560 c. Whose pursuit of a nonfrivolous claim was a catalyst for

1561 a unilateral change in position by the opposing party relative

1562 to the relief sought.

1563 5. “School” means a public school, school district, and

1564 governing body, including a charter school, and agents thereof,

1565 including a contracted party.

1566 (b) A child in this state may not be denied a free public

1567 education through secondary school based on the perceived or

1568 actual immigration status of the child or perceived or actual

1569 citizenship or immigration status of the child’s parent or

1570 guardian.

1571 (c) A school may not:

1572 1. Exclude a child from participation in or deny a child

1573 the benefits of a program or an activity on the grounds of the

1574 perceived or actual immigration status of the child or the

1575 perceived or actual citizenship or immigration status of the

1576 child’s parent or guardian.

1577 2. Use policies or procedures or engage in practices that

1578 have the effect of excluding a child from participation in or

1579 denying the benefits of a program or an activity or the effect

1580 of excluding participation of the child’s parent or guardian

1581 from parental engagement activities or programs because of the

1582 perceived or actual immigration status of the child or the

1583 perceived or actual citizenship or immigration status of the

1584 child’s parent or guardian. These policies, procedures, and

1585 practices include both of the following:

1586 a. Requesting or collecting information or documentation

1587 from a student or a student’s parent or guardian about

1588 citizenship or immigration status unless required by state or

1589 federal law.

1590 b. Designating immigration status, citizenship, place of

1591 birth, nationality, or national origin as directory information

1592 as defined in 20 U.S.C. s. 1232g(a)(5).

1593 3. Threaten to disclose anything relating to the actual or

1594 perceived citizenship or immigration status of a child or the

1595 child’s parent or guardian to any other person, entity,

1596 immigration agency, or law enforcement agency.

1597 4. Disclose anything relating to the perceived citizenship

1598 or immigration status of a child or the child’s parent or

1599 guardian to any other person, entity, immigration agency, or law

1600 enforcement agency if the school does not have direct knowledge

1601 of the actual citizenship or immigration status of the child,

1602 parent, or guardian, subject to the requirements of this

1603 paragraph.

1604 5. Disclose anything relating to the actual citizenship or

1605 immigration status of a child or the child’s parent or guardian

1606 to any other person or nongovernmental entity if the school has

1607 direct knowledge of the actual citizenship or immigration status

1608 of the child, parent, or guardian, subject to the requirements

1609 of this paragraph.

1611 This paragraph does not authorize the disclosure of student

1612 records or information without complying with state and federal

1613 requirements governing the disclosure of such records or

1614 information. This paragraph does not prohibit or restrict an

1615 entity from sending to or receiving from the United States

1616 Department of Homeland Security or any other federal, state, or

1617 local governmental entity information regarding the citizenship

1618 or immigration status of a person under 8 U.S.C. ss. 1373 and

1619 1644.

1620 (d) By October 1, 2026, a school must develop procedures

1621 for reviewing and authorizing requests from a law enforcement

1622 agent attempting to enter a school or school facility. The

1623 procedures must comply with the requirements of this subsection

1624 and, at a minimum, include all of the following:

1625 1. Procedures for reviewing and contacting a designated

1626 authorized person at the school, school facility, district

1627 superintendent’s office, or school administrative office who may

1628 contact the school’s legal counsel.

1629 2. Procedures for the person authorized in subparagraph 1.

1630 or the school’s legal counsel to review all of the following:

1631 a. Requests to enter a school or a school facility.

1632 b. Judicial warrants.

1633 c. Nonjudicial warrants.

1634 d. Subpoenas.

1635 3. Procedures for monitoring, accompanying, and documenting

1636 all interactions with a law enforcement agent while on school

1637 premises.

1638 4. Procedures for notifying and seeking consent from a

1639 student’s parent or guardian, or from the student if the student

1640 is 18 years of age or older or emancipated, if a law enforcement

1641 agent requests access to a student for immigration enforcement

1642 purposes, unless a judicial warrant or subpoena restricts the

1643 disclosure of the information to the student’s parent or

1644 guardian.

1645 (e)1. Beginning October 1, 2026, a party aggrieved by

1646 conduct that violates this subsection may file a civil action in

1647 a court of competent jurisdiction. The aggrieved party must file

1648 such action within 2 years after the violation occurred. If the

1649 court finds that a willful violation of paragraph (c) has

1650 occurred, the court may award actual damages. The court may

1651 grant any permanent or preliminary negative or mandatory

1652 injunction, temporary restraining order, or other order.

1653 2. Upon a motion, the court must award reasonable attorney

1654 fees and costs to a plaintiff who is a prevailing party in any

1655 action brought under this paragraph.

1656 3. This paragraph may not be construed to require a

1657 plaintiff to exhaust all administrative remedies before filing a

1658 civil action.

1659 (f) By October 1, 2026, a school must adopt policies for

1660 complying with this subsection.

1661 Section 40. Paragraph (c) of subsection (2) of section

1662 1002.31, Florida Statutes, is amended to read:

1663 1002.31 Controlled open enrollment; public school parental

1664 choice.—

1665 (2)

1666 (c) Each district school board must provide preferential

1667 treatment in its controlled open enrollment process to all of

1668 the following:

1669 1. Dependent children of active duty military personnel

1670 whose move resulted from military orders.

1671 2. Children who have been relocated due to a foster care

1672 placement in a different school zone.

1673 3. Children who move due to a court-ordered change in

1674 custody due to separation or divorce, or the serious illness or

1675 death of a custodial parent.

1676 4. Students residing in the school district.

1677 5. Children who are experiencing homelessness and children

1678 known to the department, as defined in s. 39.0016(1), regardless

1679 of their immigration status.

1680 Section 41. Paragraph (f) of subsection (1) of section

1681 1003.21, Florida Statutes, is amended to read:

1682 1003.21 School attendance.—

1683 (1)

1684 (f) Children and youths who are experiencing homelessness

1685 and children who are known to the department, as defined in s.

1686 39.0016(1), regardless of their immigration status ~~s. 39.0016~~ ,

1687 must have access to a free public education and in accordance

1688 with s. 1002.31 must be admitted to the school of their parent’s

1689 or guardian’s choice, contingent on the school’s capacity, in

1690 the school district in which they or their families or guardians

1691 live. School districts shall assist such children in meeting the

1692 requirements of subsection (4) and s. 1003.22, as well as local

1693 requirements for documentation.

1694 Section 42. Paragraphs (a), (b), and (c) of subsection (12)

1695 of section 1009.26, Florida Statutes, are amended to read:

1696 1009.26 Fee waivers.—

1697 (12)(a) A state university, a Florida College System

1698 institution, a career center operated by a school district under

1699 s. 1001.44, or a charter technical career center shall waive

1700 out-of-state fees for undergraduate and graduate students who

1701 are citizens of the United States or lawfully present in the

1702 United States who meet the following conditions:

1703 1. Attended a secondary school in this state for 2 3

1704 ~~consecutive~~ years ~~immediately~~ before graduating from a high

1705 school in this state or received a high school equivalency

1706 diploma under s. 1003.435 ;

1707 2. Apply for enrollment in an institution of higher

1708 education within 24 months after high school or postsecondary

1709 graduation; and

1710 3. Submit an official Florida high school or postsecondary

1711 school transcript as evidence of attendance and graduation. In

1712 lieu of an official high school transcript, a student may submit

1713 a high school equivalency diploma under s. 1003.435.

1714 (b) Tuition and fees charged to a student who qualifies for

1715 the out-of-state fee waiver under this subsection may not exceed

1716 the tuition and fees charged to a resident student. The waiver

1717 is applicable for 110 percent of the required credit hours of

1718 the undergraduate or graduate degree or certificate program for

1719 which the student is enrolled. Each state university, Florida

1720 College System institution, career center operated by a school

1721 district under s. 1001.44, and charter technical career center

1722 shall report to the Board of Governors and the State Board of

1723 Education, respectively, the number and value of all fee waivers

1724 granted annually under this subsection. By October 1 of each

1725 year, the Board of Governors for the state universities and the

1726 State Board of Education for Florida College System

1727 institutions, career centers operated by a school district under

1728 s. 1001.44, and charter technical career centers shall annually

1729 report for the previous academic year the percentage of resident

1730 and nonresident students enrolled systemwide.

1731 (c) A state university student granted an out-of-state fee

1732 waiver under this subsection must be considered a nonresident

1733 student for purposes of calculating the systemwide total

1734 enrollment of nonresident students as limited by regulation of

1735 the Board of Governors. ~~In addition,~~ A student who is granted an

1736 out-of-state fee waiver under this subsection is ~~not~~ eligible

1737 for state financial aid under part III of this chapter and may

1738 ~~must~~ not be reported as a resident for tuition purposes.

1739 Section 43. Paragraph (a) of subsection (1) of section

1740 1009.40, Florida Statutes, is amended to read:

1741 1009.40 General requirements for student eligibility for

1742 state financial aid awards and tuition assistance grants.—

1743 (1)(a) The general requirements for eligibility of students

1744 for state financial aid awards and tuition assistance grants

1745 consist of the following:

1746 1. Achievement of the academic requirements of and

1747 acceptance at a state university or Florida College System

1748 institution; a nursing diploma school approved by the Florida

1749 Board of Nursing; a Florida college or university which is

1750 accredited by an accrediting agency recognized by the State

1751 Board of Education; a Florida institution the credits of which

1752 are acceptable for transfer to state universities; a career

1753 center; or a private career institution accredited by an

1754 accrediting agency recognized by the State Board of Education.

1755 2. Residency in this state for no less than 1 year

1756 preceding the award of aid or a tuition assistance grant for a

1757 program established pursuant to s. 1009.50, s. 1009.505, s.

1758 1009.51, s. 1009.52, s. 1009.521, s. 1009.53, s. 1009.60, s.

1759 1009.62, s. 1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s.

1760 1009.89, or s. 1009.894. Residency in this state must be for

1761 purposes other than to obtain an education. Resident status for

1762 purposes of receiving state financial aid awards shall be

1763 determined in the same manner as resident status for tuition

1764 purposes pursuant to s. 1009.21. However, a student may not be

1765 denied classification as a resident for purposes of receiving

1766 state financial aid based solely on the student’s immigration

1767 status if he or she has met the conditions for an out-of-state

1768 fee waiver under s. 1009.26(12)(a).

1769 3. Submission of certification attesting to the accuracy,

1770 completeness, and correctness of information provided to

1771 demonstrate a student’s eligibility to receive state financial

1772 aid awards or tuition assistance grants. Falsification of such

1773 information shall result in the denial of a pending application

1774 and revocation of an award or grant currently held to the extent

1775 that no further payments shall be made. Additionally, students

1776 who knowingly make false statements in order to receive state

1777 financial aid awards or tuition assistance grants commit a

1778 misdemeanor of the second degree subject to the provisions of s.

1779 837.06 and shall be required to return all state financial aid

1780 awards or tuition assistance grants wrongfully obtained.

1781 Section 44. Paragraph (w) of subsection (2) of section

1782 435.04, Florida Statutes, is amended to read:

1783 435.04 Level 2 screening standards.—

1784 (2) The security background investigations under this

1785 section must ensure that persons subject to this section have

1786 not been arrested for and are awaiting final disposition of;

1787 have not been found guilty of, regardless of adjudication, or

1788 entered a plea of nolo contendere or guilty to; or have not been

1789 adjudicated delinquent and the record has not been sealed or

1790 expunged for, any offense prohibited under any of the following

1791 provisions of state law or similar law of another jurisdiction:

1792 ~~(w) Section 787.07, relating to human smuggling.~~

1793 Section 45. Paragraph (e) of subsection (4) and paragraph

1794 (i) of subsection (5) of section 456.074, Florida Statutes, are

1795 amended to read:

1796 456.074 Certain health care practitioners; immediate

1797 suspension of license.—

1798 (4) The department shall issue an emergency order

1799 suspending the license of a massage therapist and establishment

1800 as those terms are defined in chapter 480 upon receipt of

1801 information that the massage therapist; the designated

1802 establishment manager as defined in chapter 480; an employee of

1803 the establishment; a person with an ownership interest in the

1804 establishment; or, for a corporation that has more than $250,000

1805 of business assets in this state, the owner, officer, or

1806 individual directly involved in the management of the

1807 establishment has been arrested for committing or attempting,

1808 soliciting, or conspiring to commit, or convicted or found

1809 guilty of, or has entered a plea of guilty or nolo contendere

1810 to, regardless of adjudication, a violation of s. 796.07 or a

1811 felony offense under any of the following provisions of state

1812 law or a similar provision in another jurisdiction:

1813 ~~(e) Section 787.07, relating to human smuggling.~~

1814 (5) The department shall issue an emergency order

1815 suspending the license of any health care practitioner who is

1816 arrested for committing or attempting, soliciting, or conspiring

1817 to commit any act that would constitute a violation of any of

1818 the following criminal offenses in this state or similar

1819 offenses in another jurisdiction:

1820 ~~(i) Section 787.07, relating to human smuggling.~~

1821 Section 46. Paragraph (e) of subsection (6) of section

1822 480.041, Florida Statutes, is amended to read:

1823 480.041 Massage therapists; qualifications; licensure;

1824 endorsement.—

1825 (6) The board shall deny an application for a new or

1826 renewal license if an applicant has been convicted or found

1827 guilty of, or enters a plea of guilty or nolo contendere to,

1828 regardless of adjudication, a violation of s. 796.07(2)(a) which

1829 is reclassified under s. 796.07(7) or a felony offense under any

1830 of the following provisions of state law or a similar provision

1831 in another jurisdiction:

1832 ~~(e) Section 787.07, relating to human smuggling.~~

1833 Section 47. Paragraph (e) of subsection (8) of section

1834 480.043, Florida Statutes, is amended to read:

1835 480.043 Massage establishments; requisites; licensure;

1836 inspection; human trafficking awareness training and policies.—

1837 (8) The department shall deny an application for a new or

1838 renewal license if an establishment owner or a designated

1839 establishment manager or, for a corporation that has more than

1840 $250,000 of business assets in this state, an establishment

1841 owner, a designated establishment manager, or any individual

1842 directly involved in the management of the establishment has

1843 been convicted of or entered a plea of guilty or nolo contendere

1844 to any misdemeanor or felony crime, regardless of adjudication,

1845 related to prostitution or related acts as described in s.

1846 796.07 or a felony offense under any of the following provisions

1847 of state law or a similar provision in another jurisdiction:

1848 ~~(e) Section 787.07, relating to human smuggling.~~

1849 Section 48. Subsection (5) of section 501.9741, Florida

1850 Statutes, is amended to read:

1851 501.9741 Assisting in veterans’ benefits matters.—

1852 (5) BACKGROUND SCREENING.—A provider must ensure that all

1853 individuals who directly assist a veteran in a veterans’

1854 benefits matter complete a level 2 background screening that

1855 screens for any offenses identified in s. 408.809(4) or s.

1856 435.04(2)(d), (e), or (nn) or (4) ~~s. 435.04(2)(d), (e), or (oo)~~

1857 ~~or (4)~~ before entering into any agreement with a veteran for

1858 veterans’ benefits matters. An individual must submit a full set

1859 of fingerprints to the Department of Law Enforcement or to a

1860 vendor, entity, or agency authorized by s. 943.053(13), which

1861 shall forward the fingerprints to the Department of Law

1862 Enforcement for state processing. The Department of Veterans’

1863 Affairs shall transmit the background screening results to the

1864 provider, which results must indicate whether an individual’s

1865 background screening contains any of the offenses listed in this

1866 subsection. Fees for state and federal fingerprint processing

1867 must be borne by the provider or individual. The state cost for

1868 fingerprint processing is as provided in s. 943.053(3)(e). This

1869 subsection does not imply endorsement, certification, or

1870 regulation of providers by the Department of Veterans’ Affairs.

1871 Section 49. Subsection (2) of section 775.30, Florida

1872 Statutes, is amended to read:

1873 775.30 Terrorism; defined; penalties.—

1874 (2) A person who violates s. 782.04(1)(a)1. or (2), s.

1875 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.

1876 787.01, s. 787.02, ~~s. 787.07,~~ s. 790.115, s. 790.15, s. 790.16,

1877 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.

1878 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.

1879 859.01, or s. 876.34, in furtherance of intimidating or coercing

1880 the policy of a government, or in furtherance of affecting the

1881 conduct of a government by mass destruction, assassination, or

1882 kidnapping, commits the crime of terrorism, a felony of the

1883 first degree, punishable as provided in s. 775.082, s. 775.083,

1884 or s. 775.084.

1885 Section 50. Subsection (1) of section 794.056, Florida

1886 Statutes, is amended to read:

1887 794.056 Rape Crisis Program Trust Fund.—

1888 (1) The Rape Crisis Program Trust Fund is created within

1889 the Department of Health for the purpose of providing funds for

1890 rape crisis centers in this state. Trust fund moneys shall be

1891 used exclusively for the purpose of providing services for

1892 victims of sexual assault. Funds credited to the trust fund

1893 consist of those funds collected as an additional court

1894 assessment in each case in which a defendant pleads guilty or

1895 nolo contendere to, or is found guilty of, regardless of

1896 adjudication, an offense provided in s. 775.21(6) and (10)(a),

1897 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.

1898 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.

1899 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.

1900 787.025; s. 787.06; ~~s. 787.07;~~ s. 794.011; s. 794.05; s. 794.08;

1901 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.

1902 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.

1903 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.

1904 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.

1905 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),

1906 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust

1907 fund also shall include revenues provided by law, moneys

1908 appropriated by the Legislature, and grants from public or

1909 private entities.

1910 Section 51. Paragraph (d) of subsection (3) of section

1911 921.0022, Florida Statutes, is amended to read:

1912 921.0022 Criminal Punishment Code; offense severity ranking

1913 chart.—

1914 (3) OFFENSE SEVERITY RANKING CHART

1915 (d) LEVEL 4

1918 FloridaStatute FelonyDegree Description

1919 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.

1920 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.

1921 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.

1922 517.07(1) 3rd Failure to register securities.

1923 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.

1924 784.031 3rd Battery by strangulation.

1925 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.

1926 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.

1927 784.075 3rd Battery on detention or commitment facility staff.

1928 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.

1929 784.08(2)(c) 3rd Battery on a person 65 years of age or older.

1930 784.081(3) 3rd Battery on specified official or employee.

1931 784.082(3) 3rd Battery by detained person on visitor or other detainee.

1932 784.083(3) 3rd Battery on code inspector.

1933 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

1934 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.

1935 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

1936 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

1937 ~~787.07~~ ~~3rd~~ ~~Human smuggling.~~

1938 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.

1939 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.

1940 790.115(2)(c) 3rd Possessing firearm on school property.

1941 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.

1942 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.

1943 806.135 2nd Destroying or demolishing a memorial or historic property.

1944 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

1945 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.

1946 810.06 3rd Burglary; possession of tools.

1947 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.

1948 810.145(3)(b) 3rd Digital voyeurism dissemination.

1949 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.

1950 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.

1951 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.

1952 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.

1953 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.

1954 817.505(4)(a) 3rd Patient brokering.

1955 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.

1956 817.568(2)(a) 3rd Fraudulent use of personal identification information.

1957 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.

1958 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.

1959 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.

1960 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

1961 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.

1962 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.

1963 837.02(1) 3rd Perjury in official proceedings.

1964 837.021(1) 3rd Make contradictory statements in official proceedings.

1965 838.022 3rd Official misconduct.

1966 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.

1967 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.

1968 843.021 3rd Possession of a concealed handcuff key by a person in custody.

1969 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

1970 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).

1971 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.

1972 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.

1973 870.01(3) 2nd Aggravated rioting.

1974 870.01(5) 2nd Aggravated inciting a riot.

1975 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.

1976 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).

1977 914.14(2) 3rd Witnesses accepting bribes.

1978 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.

1979 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.

1980 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.

1981 934.215 3rd Use of two-way communications device to facilitate commission of a crime.

1982 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.

1983 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.

1984 Section 52. Section 938.085, Florida Statutes, is amended

1985 to read:

1986 938.085 Additional cost to fund rape crisis centers.—In

1987 addition to any sanction imposed when a person pleads guilty or

1988 nolo contendere to, or is found guilty of, regardless of

1989 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and

1990 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;

1991 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.

1992 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.

1993 787.06; ~~s. 787.07;~~ s. 794.011; s. 794.05; s. 794.08; former s.

1994 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.

1995 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.

1996 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.

1997 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.

1998 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and

1999 (14)(c); or s. 985.701(1), the court shall impose a surcharge of

2000 $151. Payment of the surcharge shall be a condition of

2001 probation, community control, or any other court-ordered

2002 supervision. The sum of $150 of the surcharge shall be deposited

2003 into the Rape Crisis Program Trust Fund established within the

2004 Department of Health by chapter 2003-140, Laws of Florida. The

2005 clerk of the court shall retain $1 of each surcharge that the

2006 clerk of the court collects as a service charge of the clerk’s

2007 office.

2008 Section 53. This act shall take effect July 1, 2026.