No. HB 599
Filed under Criminal Justice.
U-visa Certification Policy; Specifies duties of certifying officials from certifying agencies concerning certification forms in support of U-visa applications; provides rebuttable presumption; requires certifying official from certifying agency that denies certification to provide petitioner with specified written notice; requires certifying agencies to grant or deny requests for certifications within specified timeframes; authorizes applicants to petition circuit court if certifying agency fails to respond within those timeframes; prohibits certifying agencies & certifying officials from disclosing immigration status of victims or persons seeking certification; provides initial & annual reporting requirements; provides immunity for certifying officials; specifies duties of certifying agencies.
Plain English Summary
AI-GENERATEDFlorida law enforcement and prosecutors must now sign U-visa certification forms within 90 days of a request, or 14 days if the victim is in removal proceedings. Failure to act allows the victim to petition a circuit court for a forced signature.
The bill creates a rebuttable presumption that a victim is helpful to a criminal investigation if they have not refused to provide information. Agencies may only deny certification based on a lack of qualifying criminal activity, lack of helpfulness, or lack of jurisdiction.
Certifying agencies are strictly prohibited from disclosing the immigration status of a victim or applicant. This ban applies unless required by federal law, legal process, or with the victim's explicit authorization.
Agencies must report annual statistics on certification requests, approvals, and denials to the Governor and legislative leadership. Officials are granted immunity from civil and criminal liability for good-faith decisions made under this new policy.
AICertifying officials must sign the U-visa form if the victim was harmed by qualifying criminal activity and is helpful to the investigation, with no other factors allowed.
AIVictims are presumed helpful to the investigation unless they refused or failed to provide reasonably requested information and assistance.
AIAgencies must grant or deny certification requests within 90 days, or within 14 days if the victim is in removal proceedings.
AIApplicants may petition circuit court if an agency fails to respond or unreasonably refuses, and prevailing applicants are awarded reasonable costs and attorney fees.
AICertifying officials and agencies are prohibited from disclosing the immigration status of a victim or certification requester, except under specific legal exceptions.
AIAgencies must provide written notice of denial including a case number, date, and specific reason, and must keep a copy for at least three years.
AICertifying agencies must designate responsible personnel, develop written processing procedures, and establish training and community communication processes.
AIAgencies must report annually to the Speaker, Senate President, and Governor on the number of requests, signed forms, denials, and pending certifications.