THE BILL ITSELF
HB 419
Law Enforcement and Immigration Officer Identifying Information and Face Coverings
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A bill to be entitled
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An act relating to law enforcement and immigration
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officer identifying information and face coverings;
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creating s. 908.14, F.S.; providing a short title;
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providing definitions; requiring covered immigration
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officers to wear specified visible identification
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during public immigration enforcement functions;
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providing requirements for such visible
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identification; prohibiting covered immigration
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officers from wearing face coverings that impair the
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visibility of identifying information or obscure a
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covered immigration officer's face; providing an
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exception; providing duties of the State Board of
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Immigration Enforcement; requiring the State
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Immigration Enforcement Council to submit a specified
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report to the Legislature by a specified date;
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amending ss. 908.1031 and 908.1032, F.S.; conforming
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provisions to changes made by the act; amending s.
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943.1718, F.S.; providing definitions; prohibiting law
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enforcement officers from wearing face coverings in
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the performance of their official duties; requiring
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specified advance notice be given to the sheriff under
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certain circumstances; providing applicability;
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providing criminal penalties; requiring the Department
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of Law Enforcement to adopt rules; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Section 908.14, Florida Statutes, is created to
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read:
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908.14 Visible Identification Standards for Immigration-
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Based Law Enforcement Act.—
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(1) This section may be cited as the "VISIBLE Act."
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(2) As used in this section, the term:
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(a) "Covered immigration officer" means a person who is
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authorized to perform immigration enforcement functions and who
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is:
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1. An officer or employee of a law enforcement agency;
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2. An officer or employee of United States Customs and
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Border Protection;
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3. An officer or employee of United States Immigration and
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Customs Enforcement; or
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4. A person authorized, deputized, or designated under
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federal law, regulation, or agreement to perform immigration
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enforcement functions.
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(b) "Public immigration enforcement function" means any
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activity that involves the direct exercise of federal
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immigration authority through public-facing actions, including a
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patrol, a stop, an arrest, a search, an interview to determine
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immigration status, a raid, a checkpoint inspection, or the
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service of a judicial or administrative warrant. The term does
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not include covert, nonpublic operations or nonenforcement
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activities.
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(c) "Visible identification" means the display of the name
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or widely recognized initials of the employing agency of a
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covered immigration officer and the officer's last name or badge
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or identification number in a size and format that complies with
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the requirements in subsection (4).
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(3) A covered immigration officer who directly engages in
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a public immigration enforcement function within this state must
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wear visible identification at all times during such engagement.
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(4) The visible identification must:
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(a) For the employing agency of the covered immigration
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officer, be displayed in a size and format that is clearly
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legible from a distance of not less than 25 feet, using
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materials or markings suitable for visibility in both daylight
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and low-light conditions under normal operational conditions.
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(b) For the covered immigration officer's last name or
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badge or identification number, be displayed in a manner that is
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clearly visible and readable during direct engagement with the
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public.
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(c) Be displayed on the covered immigration officer's
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outermost garment or gear and may not be obscured by tactical
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equipment, body armor, or accessories.
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(5) A covered immigration officer may not wear nonmedical
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face coverings, including masks or balaclavas, which impair the
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visibility of the identifying information required under this
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section or obscure the officer's face unless such face covering
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is necessary to protect the integrity of a covert, nonpublic
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operation or to guard against hazardous environmental
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conditions.
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(6) The State Board of Immigration Enforcement shall do
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all of the following:
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(a) Receive and investigate complaints from the public
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concerning violations of this section.
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(b) Ensure that a covered immigration officer who fails to
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comply with the requirements of this section receives
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appropriate disciplinary action, including a written reprimand,
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suspension, or other personnel action, consistent with the
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policies of the officer's employing agency and any applicable
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collective bargaining agreement.
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(c) Make recommendations to the Legislature concerning
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compliance with this section and corrective actions that should
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be taken.
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(d) Carry out its responsibilities under this section in
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accordance with its statutory authority.
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(7) By June 30, 2027, and annually thereafter, the State
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Immigration Enforcement Council shall submit a report to the
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President of the Senate and the Speaker of the House of
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Representatives that includes all of the following information:
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(a) The total number of public immigration enforcement
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functions conducted during the reporting period.
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(b) The number of documented instances of noncompliance
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with this section.
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(c) A summary of disciplinary or remedial actions taken
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against any covered immigration officer who did not comply with
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this section.
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Section 2. Paragraph (h) is added to subsection (3) of
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section 908.1031, Florida Statutes, to read:
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908.1031 State Board of Immigration Enforcement; creation;
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purpose and duties.—
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(3) The board is the chief immigration enforcement officer
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of the state and shall:
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(h) Investigate any complaints received for violations of
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and otherwise enforce the Visible Identification Standards for
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Immigration-Based Law Enforcement Act pursuant to s. 908.14.
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Section 3. Paragraph (i) is added to subsection (4) of
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section 908.1032, Florida Statutes, to read:
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908.1032 State Immigration Enforcement Council.—The State
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Immigration Enforcement Council, an advisory council as defined
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in s. 20.03, is created within the State Board of Immigration
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Enforcement for the purpose of advising the board.
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(4) The council shall:
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(i) Collect data relating to the Visible Identification
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Standards for Immigration-Based Law Enforcement Act and, by June
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30 of each year, submit a report to the President of the Senate
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and the Speaker of the House of Representatives in accordance
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with s. 908.14. Section 4. Section 943.1718, Florida Statutes, is amended
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to read:
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943.1718 Body cameras and face coverings; policies and
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procedures; penalties.—
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(1) DEFINITIONS.—As used in this section, the term:
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(a) "Body camera" means a portable electronic recording
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device that is worn on a law enforcement officer's person that
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records audio and video data of the officer's law-enforcement-
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related encounters and activities.
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(b)1. "Face covering" means any opaque mask, garment,
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helmet, or other item, including, but not limited to, a
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balaclava, tactical mask, gator, ski mask, or any other similar
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type of facial covering or face-shielding item, which conceals
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or obscures the face of a person.
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2. The term does not include any of the following:
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a. A translucent face shield or clear mask that does not
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conceal the wearer's face.
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b. A medical mask or surgical mask used to protect against
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the transmission of disease or infection.
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c. Any other mask or device, including, but not limited
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to, air-purifying respirators, full or half masks, or self-
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contained breathing apparatuses necessary to protect against
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exposure to a toxin, gas, smoke, or any other hazardous
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environmental condition.
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(c)(b) "Law enforcement agency" means an agency that has a
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primary mission of preventing and detecting crime and enforcing
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the penal, criminal, traffic, and motor vehicle laws of the
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state and in furtherance of that primary mission employs law
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enforcement officers as defined in s. 943.10.
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(d)(c) "Law enforcement officer" has the same meaning as
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provided in s. 943.10.
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(e) "Undercover investigation" means a planned act
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authorized by a law enforcement agency or a court order which
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uses an undercover operative to intentionally interact with a
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suspect or others or to obtain evidence of criminal activity.
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(f) "Undercover operative" means a law enforcement officer
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or a full-time sworn officer in this state or another state or
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the Federal Government using an assumed name or cover identity
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to interact with persons or entities to collect evidence of
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criminal activity.
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(2) BODY CAMERAS.—
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(a) A law enforcement agency that permits its law
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enforcement officers to wear body cameras shall establish
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policies and procedures addressing the proper use, maintenance,
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and storage of body cameras and the data recorded by body
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cameras. The policies and procedures must include:
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1.(a) General guidelines for the proper use, maintenance,
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and storage of body cameras.
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2.(b) Any limitations on which law enforcement officers
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are permitted to wear body cameras.
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3.(c) Any limitations on law-enforcement-related
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encounters and activities in which law enforcement officers are
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permitted to wear body cameras.
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4.(d) A provision permitting a law enforcement officer
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using a body camera to review the recorded footage from the body
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camera, upon his or her own initiative or request, before
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writing a report or providing a statement regarding any event
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arising within the scope of his or her official duties. Any such
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provision may not apply to an officer's inherent duty to
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immediately disclose information necessary to secure an active
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crime scene or to identify suspects or witnesses.
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5.(e) General guidelines for the proper storage,
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retention, and release of audio and video data recorded by body
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cameras.
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(b)(3) A law enforcement agency that permits its law
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enforcement officers to wear body cameras shall:
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1.(a) Ensure that all personnel who wear, use, maintain,
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or store body cameras are trained in the law enforcement
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agency's policies and procedures concerning them.
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2.(b) Ensure that all personnel who use, maintain, store,
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or release audio or video data recorded by body cameras are
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trained in the law enforcement agency's policies and procedures.
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3.(c) Retain audio and video data recorded by body cameras
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in accordance with the requirements of s. 119.021, except as
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otherwise provided by law.
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4.(d) Perform a periodic review of actual agency body
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camera practices to ensure conformity with the agency's policies
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and procedures.
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(c)(4) Chapter 934 does not apply to body camera
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recordings made by law enforcement agencies that elect to use
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body cameras.
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(3) FACE COVERINGS.—
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(a) A law enforcement officer may not wear a face covering
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in the performance of his or her official duties.
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(b) Before undertaking an undercover investigation that is
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reasonably likely to involve a law enforcement officer wearing a
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face covering in the performance of his or her official duties,
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a law enforcement agency must provide advance notice to the
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sheriff with jurisdiction over the location in which the
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undercover investigation takes place. Such notice must be given
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at least 12 hours before the undercover investigation begins and
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must include when and where the law enforcement officer will be
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operating, his or her planned actions, and the approximate time
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and duration of the undercover investigation.
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(c) Paragraph (a) does not apply to:
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1. A law enforcement officer performing his or her duties
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as an undercover operative during an active undercover
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investigation;
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2. Protective gear used by a Special Weapons and Tactics
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(SWAT) team officer which is necessary to protect his or her
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face from harm while performing SWAT team duties and
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responsibilities; or
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3. Exigent circumstances that involve an immediate danger
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or threat to persons or property or the escape of a perpetrator.
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(d) A first violation of this subsection is an infraction.
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A second or subsequent violation of this subsection is a
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misdemeanor of the second degree, punishable as provided in s.
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775.082 or s. 775.083.
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(e) On or before October 1, 2026, the Department of Law
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Enforcement shall adopt rules regulating the use of face
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coverings to comply with this subsection.
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Section 5. This act shall take effect July 1, 2026.