Back to Florida

HB0229 • 2026

Violation of State Immigration Law

Violation of State Immigration Law

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Jacques ; (CO-INTRODUCERS) Barnaby
Last action
2026-03-13
Official status
House - Died in Civil Justice & Claims Subcommittee
Effective date
2026-07-01

Plain English Breakdown

The bill creates a 'cause of action' for lawsuits, but does not specify if these are civil suits only or include other penalties.

HB0229: Violation of State Immigration Law (Shane Jones Act)

This bill requires the Department of Law Enforcement to fine agencies that violate state immigration rules, uses those funds for a victim compensation program, and allows families to sue local governments if non-cooperation with federal authorities contributed to a death.

What This Bill Does

  • Requires the Department of Law Enforcement to impose a $10,000 fine on law enforcement agencies that violate specific state immigration laws.
  • Directs money collected from these fines toward compensating residents harmed by unauthorized aliens.
  • Authorizes the department to create rules and forms for people to apply for compensation if they suffered harm caused by an unauthorized alien on or after July 1, 2026.
  • Creates a legal way for families of victims killed by unauthorized aliens to sue local governments or police agencies that failed to cooperate with federal immigration authorities.
  • Removes state protection from lawsuits (sovereign immunity) in cases where an agency's failure to comply contributed to someone's death.

Who It Names or Affects

  • Local law enforcement agencies and government entities
  • Residents of Florida who were harmed by unauthorized aliens on or after July 1, 2026
  • Families of people killed by unauthorized aliens due to agency non-cooperation
  • The Department of Law Enforcement

Terms To Know

Unauthorized alien
A person in the country without legal permission, as defined in existing state law.
Preponderance of evidence
Proof that shows it is more likely than not that something happened or contributed to an event.
Sovereign immunity
A rule that usually stops people from suing the government, which this bill removes for specific cases involving wrongful death caused by unauthorized aliens.

Limits and Unknowns

  • The compensation program only covers harm caused on or after July 1, 2026.
  • Victims must prove by a preponderance of evidence that an unauthorized alien materially contributed to their harm.
  • Lawsuits against agencies require proof that the agency's failure to cooperate allowed the harmful event to happen.

Bill History

  1. 2026-03-13 House

    • Died in Civil Justice & Claims Subcommittee

  2. 2026-01-13 House

    • 1st Reading (Original Filed Version)

  3. 2025-10-28 House

    • Referred to Civil Justice & Claims Subcommittee • Referred to Justice Budget Subcommittee • Referred to Judiciary Committee • Now in Civil Justice & Claims Subcommittee

  4. 2025-10-21 House

    • Filed

Official Summary Text

Violation of State Immigration Law ; Requires FDLE to impose fine for certain violations; requires moneys be used for specified purpose; defines "unauthorized alien"; authorizes department to develop program to compensate certain persons; provides requirements to receive compensation; defines "unauthorized alien"; creates cause of action against certain local governmental entities & law enforcement agencies; requires plaintiff to prove certain elements by preponderance of evidence; provides that state waives sovereign immunity for liability in certain circumstances.

Current Bill Text

Read the full stored bill text
HB 229 2026

CODING: Words stricken are deletions; words underlined are additions.
hb229-00
Page 1 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to violation of state immigration law; 2
providing a short title; amending s. 908.11, F.S.; 3
requiring the Department of Law Enforcement to impose 4
a fine for certain violations; requiring the moneys be 5
used for a specified purpose; creating s. 908.14, 6
F.S.; defining the term "unauthorized alien"; 7
authorizing the department to develop a program to 8
compensate certain persons; providing requirements to 9
receive compensation; requiring the department to 10
develop rules; creating s. 908.15, F.S.; defining the 11
term "unauthorized alien"; creating a cause of action 12
against certain local governmental entities and law 13
enforcement agencies; requiring the plaintiff to prove 14
certain elements by a preponderance of the evidence; 15
providing that the state waives sovereign immunity for 16
liability in certain circumstances; amending s. 17
768.28, F.S.; conforming provisions to changes made by 18
the act; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. This act may be cited as the "Shane Jones Act." 23
Section 2. Subsection (3) is added to section 908.11, 24
Florida Statutes, to read: 25

HB 229 2026

CODING: Words stricken are deletions; words underlined are additions.
hb229-00
Page 2 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

908.11 Immigration enforcement assistance agreements; 26
reporting requirement; penalty.— 27
(3) The Department of Law Enforcement shall impose a fine 28
of $10,000 against a law enforcement agency for each violation 29
of this section. The department shall use the moneys collected 30
from these fines to provide compensation to victims of 31
unauthorized aliens pursuant to s. 908.14. 32
Section 3. Section 908.14, Florida Statutes, is created to 33
read: 34
908.14 Compensation for victims of unauthorized aliens.— 35
(1) As used in this section, the term "unauthorized alien" 36
has the same meaning as in s. 908.111(1). 37
(2) The Department of Law Enforcement may develop a 38
program to compensate residents of this state who have suffered 39
harm caused by an unauthorized alien. 40
(3) In order to be eligible for compensation under this 41
section: 42
(a) The act or omission which caused the harm must have 43
occurred in this state on or after July 1, 2026. 44
(b) The preponderance of the evidence must show that an 45
unauthorized alien materially contributed to the harm for which 46
compensation is sought. 47
(c) The person seeking compensation must complete a form 48
prescribed by the Department of Law Enforcement. 49
(4) The Department of Law Enforcement shall develop rules 50

HB 229 2026

CODING: Words stricken are deletions; words underlined are additions.
hb229-00
Page 3 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

to administer this section. 51
Section 4. Section 908.15, Florida Statutes, is created to 52
read: 53
908.15 Cause of action for wrongful death caused by an 54
unauthorized alien.— 55
(1) As used in this section, the term "unauthorized alien" 56
has the same meaning as in s. 908.111(1). 57
(2) The estate of a person killed by an unauthorized alien 58
has a cause of action against: 59
(a) A local governmental entity or law enforcement agency 60
that has a sanctuary policy in violation of s. 908.103. 61
(b) A law enforcement agency in violation of s. 908.11 or 62
in violation of the agreement required under that section. 63
(3) A plaintiff must show by a preponderance of the 64
evidence that a failure by a local governmental entity or law 65
enforcement agency to cooperate or fully comply with federal 66
immigration authorities or with an immigration detainer allowed 67
an unauthorized alien to have materially contributed to the 68
decedent's death. 69
(4) Notwithstanding s. 768.28, and in accordance with s. 70
13, Art. X of the State Constitution, the state waives sovereign 71
immunity for liability for torts under this section. 72
Section 5. Subsection (21) is added to section 768.28, 73
Florida Statutes, to read: 74
768.28 Waiver of sovereign immunity in tort actions; 75

HB 229 2026

CODING: Words stricken are deletions; words underlined are additions.
hb229-00
Page 4 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

recovery limits; civil liability for damages caused during a 76
riot; limitation on attorney fees; statute of limitations; 77
exclusions; indemnification; risk management programs.— 78
(21) This section does not apply to actions brought under 79
s. 908.15. 80
Section 6. This act shall take effect July 1, 2026. 81