Title: Enforcement of Federal Laws

Summary: Prohibits state & local law enforcement agencies, school law enforcement officers, & security agencies from certain actions for purposes of immigration enforcement; requires state & local law enforcement agencies to review & revise confidentiality policies; prohibits state & local law enforcement agencies & health care providers from making inquiry or recording information concerning immigration status of certain persons; authorizes limited inquiry & recording of information; provides that certain persons who are unable to afford legal counsel are entitled to representation; requires AG to prescribe format for submittal of complaints; authorizes AG & state attorneys to institute injunctive proceedings.

Full Text:
WHEREAS, the Legislature finds that one in five residents of this state is foreign born and one in three children in this state has at least one immigrant parent, and WHEREAS, immigrants are valuable and essent ial members of our community and a relationship of trust between immigrants and state and local law enforcement agencies is central to public safety, and WHEREAS, the Legislature concurs in the finding and recommendation of former President Barack Obama's Task Force on 21st Century Policing that, whenever possible, state and local law enforcement agencies should not be involved in federal immigration enforcement, and WHEREAS, state and local law enforcement agencies operate with limited resources and pers onnel, and involvement in federal immigration enforcement diverts these already limited resources and personnel away from state and local matters, and WHEREAS, state and local law enforcement agencies are not reimbursed by the federal government for the full cost of responding to immigration holds, immigration detainers, hold requests, notification requests, and transfer requests, which can lead to the expenditure of resources to pay for detention time and the administrative costs of tracking and respondin gto WHEREAS, unlike criminal detainers, which are supported by a judicial determination of probable cause, United States Immigration and Customs Enforcement (ICE) detainers are issued by immigration authorities without any authorization or oversight by a judge or other neutral decisionmaker and without an established standard of proof, such as reasonable suspicion or probable cause, which has led to the erroneous placement of immigration detainers on lawful citize ns, and WHEREAS, according to ICE's records, between fiscal year 2008 and fiscal year 2012, more than detainers were issued for lawful citizens and nondeportable immigrants, and WHEREAS, the federal 287(g) program can result in a person being held an dtransferred for detention without regard to the circumstances of the arrest, including whether the arrest was made mistakenly or as part of an investigation without pressing charges, and WHEREAS, detention denies lawful status to victims or witnesses to crimes who may otherwise be eligible for lawful status through Uvisas or Tvisas, and WHEREAS, state law does not authorize local law enforcement agencies to arrest or detain individuals for federal immigration purposes, and WHEREAS, state and local la wenforcement involvement in federal immigration enforcement raises constitutional concerns WHEREAS, federal courts have repeatedly held that detention by a local law enforcement agency a tthe request of ICE of an individual suspected of immigration violations violates the Fourth Amendment to the United States Constitution and governing federal law, and WHEREAS, it is the intent of the Legislature that this act not be construed as providi ng, expanding, or ratifying the legal authority for any state or local law enforcement agency to arrest or detain an individual for immigration purposes, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. Chapter 08, Florida Statutes, consisting of sections 908.101 through 908.109, Florida Statutes, is created and entitled "Federal Immigration Enforcement," to read: CHAPTER FEDERAL IMMIGRATION ENFORCEMENT 908.101 Short title.-This chapter may be cited as the "Florida Trust Act." 908.102 Legislative intent.-It is the intent of the Legislature to protect the safety and constitutional rights of residents of this state and to direct the state's limited HB 1303 2019 resources to matters of greatest concern to state and local governments. 908.103 Definitions.-As used in this chapter, the term: (1) "Civil immigration warrant" means a warrant for a violation of federal immigration law, and includes a warrant entered in the Immigration Violator File of the National Crime Information Center database. (2) "Immigration authority" means an officer, employee, or person employed by or acting as an agent of the United States Immigration and Customs Enforcement, or a division thereof, or an officer, employee, or person employed by or acting as an agent of the United States Department of Homeland Security who is charged with immigration enforcement under U.S.C. s. 1357 of the Immigration and Nationality Act. (3) "Immigration enforcement" means an investigation or enforcement, or as sistance in the investigation or enforcement, of any federal immigration law, including such laws that penalize a person's presence in, entry or reentry to, or employment in the United States, including, but not limited to, a violation of U.S.C. s. 1253, s. 1324(c), s. 1325, or s. 1326. (4) "Immigration hold," "hold request," "notification request," or "transfer request" means an immigration detainer request issued by an immigration authority, pursuant to C.F.R. s. 287.7, to a local or state law enfor cement agency to HB 1303 2019 facilitate the arrest or transfer of an individual to federal immigration custody; maintain custody of an individual for a period not to exceed hours, excluding Saturdays, Sundays, and holidays; and advise the immigration authority befo re the release of such individual. (5) "Immigration status" or "immigration status information" means the lawful or unlawful status of an individual under federal laws and regulations. (6) "Judicial warrant" means a warrant based on probable cause whic hauthorizes an immigration authority to take into custody the person who is the subject of such warrant. Such warrant must be issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pur suant to U.S.C. s. 631. (7) "Law enforcement officer" means a person who is elected, appointed, or employed full time by a municipality, the state, or a political subdivision thereof who is authorized to make arrests and whose primary responsibility i sthe prevention and detection of crime or the enforcement of state penal, criminal, traffic, or highway laws. The term includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of a full-time law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, or support personnel employed HB 1303 2019 by an employing agency. (8) "School law enforcement officer" means a person who i sa law enforcement officer under chapter and is employed by a law enforcement agency or district school board. If the officer is employed by a district school board, the district school board is the employing agency for purposes of chapter and must comply with the provisions of that chapter. 908.104 State and local law enforcement agencies, school law enforcement officers, and security agencies.-(1) A state or local law enforcement agency, school law enforcement officer, or security agency may not use agency resources or personnel to investigate, arrest, or detain a person for purposes of immigration enforcement. Such resources include, but are not limited to, labor and resources expended in: (a) Responding to a hold request, notification req uest, or transfer request from an immigration authority. (b) Responding to a request from an immigration authority for information not publicly available regarding a person's release date, home address, or work address for purposes of immigration enforce ment. (c) Making an arrest based on a civil immigration warrant. (d) Performing functions of an immigration officer pursuant to U.S.C. s. 1357(g) or any other law, regulation, or policy, whether formal or informal. HB 1303 2019 (2) A state or local law enforcem ent agency, school law enforcement officer, security agency, or other state agency may not make an agency database available for purposes of immigration enforcement or for purposes of an investigation or enforcement related to a federal program requiring registration of an individual on the basis of race, gender, disability, sexual orientation, gender identity, religion, immigration status, or national or ethnic origin. Any agreement to make available a database in conflict with this subsection which is in existence on July 1, 2019, is invalid. (3) This section does not prevent a state or local law enforcement agency from responding to a court order issued by an immigration authority for information about a person's previous criminal arrests or convictions.(4) This section may not be construed to confer any authority beyond that which existed before the enactment of this section on a state or local law enforcement agency, school law enforcement officer, or security agency to detain a person based on a civil immigration warrant. (5) This section supersedes any conflicting policy, rule, procedure, or practice within this state. This section may not be construed to prohibit a state or local law enforcement agency, school law enforcement officer, or securit yagency from cooperating with an immigration authority to the extent required by federal law. This section may not be interpreted or applied HB 1303 2019 so as to create any power, duty, or obligation in conflict with any federal law. 908.105 Confidentiality policie s.-A state or local law enforcement agency shall review its confidentiality policies and make any necessary revisions to ensure that information collected by such agency from an individual is limited in nature and may not be used or disclosed beyond the sp ecifically authorized purpose for which it is collected. 908.106 Access to immigration status information.-(1) A state or local law enforcement agency, or agent thereof, or a health care provider may not make any inquiry or record information concerni ng the immigration status of a person who: (a) Is seeking assistance, services, or benefits for himself or herself, a family or household member, or any other potential beneficiary of such assistance, services, or benefits. (b) Contacts, approaches, or requests, or is in need of, assistance from a law enforcement agency. (2) A limited inquiry and recording of information concerning the relevant person may be made when, as documented with specificity in such agency's, employee's, agent's, or health car eprovider's case record of the matter, such person's immigration status is: (a) Directly relevant as a lawful criterion for such person's eligibility for the specific method of assistance, HB 1303 2019 services, or benefits sought by the person; (b) Directly relev ant to the subject matter of a specific, ongoing state or local law enforcement investigation; (c) Specifically required by such agency, or agent thereof, or health care provider by state or federal law; (d) Requested by a health care provider for the person's benefit, including, but not limited to, the referral of such person to benefits and services he or she may be eligible for, except that the immigration status of such person may not be documented in any medical record and may not be disclosed for any purpose; or (e) Requested for the person's benefit by a specific agency that is tasked with assisting such person in matters related to such person's immigration status, except that the status of such person may not be disclosed for any purpose. 908.107 Entitlement to representation for removal proceedings.-A person against whom there is probable cause to commence a removal proceeding or against whom such a proceeding has been commenced and who is unable to afford legal counsel is entitled to repres entation and related assistance by assigned counsel, if the person resided in or was detained in this state and was present in this state when questioned, taken into custody, charged, summoned, or presented with allegations of the removal proceedings. 908.108 Accessibility of public schools, hospitals, and HB 1303 2019 courthouses.-(1) The Attorney General shall develop and provide, through the Department of Legal Affairs' website, model policies for K-12 public schools and public postsecondary educational institut ions, hospitals, and courthouses to ensure safety and accessibility in these locations to all residents of this state, regardless of immigration status. (2) K-12 public schools and public postsecondary educational institutions, hospitals, and courthouses shall develop and make public policies that limit assistance with immigration enforcement on their premises to the fullest extent possible consistent with federal and state law. 908.109 Violations.-(1) The Attorney General shall prescribe and provide through the Department of Legal Affairs' website the format for a person to submit a complaint alleging a violation of this chapter. This section does not prohibit filing an anonymous complaint or submitting a complaint in another format. (2) The Attorn ey General or a state attorney may institute proceedings in circuit court to enjoin a state entity, state official, law enforcement agency, local governmental entity, local governmental official, school law enforcement officer, or security agency found to be in violation of this chapter. Section 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, HB 1303 2019 that invalidity shall not affect other provisions or applications that can be given effect without th einvalid provision or application. Section 3. This act shall take effect July 1, 2019.