Read the full stored bill text
Florida Senate
-
2026
SB 304
By
Senator Martin
33-00594-26 2026304__
1 A bill to be entitled
2 An act relating to violations of state immigration
3 laws; amending s. 908.11, F.S.; requiring the
4 Department of Law Enforcement to impose a fine for
5 certain violations; requiring the department to use
6 the moneys collected from such fines to provide
7 compensation to victims harmed by unauthorized aliens;
8 creating s. 908.14, F.S.; defining the term
9 “unauthorized alien”; requiring the department to
10 develop a program to compensate residents who have
11 suffered harm caused by unauthorized aliens; providing
12 eligibility requirements for receiving compensation;
13 requiring the department to adopt rules; creating s.
14 908.15, F.S.; defining the term “unauthorized alien”;
15 creating a cause of action against certain local
16 governmental entities and law enforcement agencies
17 under certain circumstances; requiring the plaintiff
18 in such actions to prove certain elements by a
19 preponderance of the evidence; providing that the
20 state waives sovereign immunity for liability under
21 certain circumstances; amending s. 768.28, F.S.;
22 conforming a provision to changes made by the act;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (3) is added to section 908.11,
28 Florida Statutes, to read:
29 908.11 Immigration enforcement assistance agreements;
30 reporting requirement.—
31
(3)
The Department of Law Enforcement shall impose a fine
32
of $10,000 for each violation of this section and shall use the
33
moneys collected from such fines to provide compensation to
34
victims harmed by unauthorized aliens pursuant to s. 908.14.
35 Section 2. Section 908.14, Florida Statutes, is created to
36 read:
37
908.14
Compensation for victims of unauthorized aliens.—
38
(1)
As used in this section, the term “unauthorized alien”
39
has the same meaning as in s. 908.111.
40
(2)
The Department of Law Enforcement shall develop a
41
program to compensate residents who have suffered harm caused by
42
an unauthorized alien.
43
(3)
In order to be eligible to receive compensation under
44
this section:
45
(a)
The act or omission that caused the harm must have
46
occurred in this state on or after July 1, 2026;
47
(b)
The preponderance of the evidence must show that an
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unauthorized alien materially contributed to the harm for which
49
compensation is sought; and
50
(c)
The person seeking compensation must complete a form
51
prescribed by the department.
52
(4)
The Department of Law Enforcement shall adopt rules to
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administer this section.
54 Section 3. Section 908.15, Florida Statutes, is created to
55 read:
56
908.15
Cause of action for wrongful death caused by an
57
unauthorized alien.—
58
(1)
As used in this section, the term “unauthorized alien”
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has the same meaning as in s. 908.111.
60
(2)
The estate of a person killed by an unauthorized alien
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has a cause of action against:
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(a)
A local governmental entity or law enforcement agency
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that has a sanctuary policy in violation of s. 908.103.
64
(b)
A law enforcement agency in violation of s. 908.11 or
65
in violation of the agreement required under that section.
66
(3)
A plaintiff in such action must show by a preponderance
67
of the evidence that a failure to cooperate or comply fully with
68
federal immigration authorities or with an immigration detainer
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materially contributed to an unauthorized alien causing the
70
decedent’s death.
71
(4)
Notwithstanding s. 768.28, and in accordance with s.
72
13, Art. X of the State Constitution, the state waives sovereign
73
immunity for liability for torts under this section.
74 Section 4. Subsection (21) is added to section 768.28,
75 Florida Statutes, to read:
76 768.28 Waiver of sovereign immunity in tort actions;
77 recovery limits; civil liability for damages caused during a
78 riot; limitation on attorney fees; statute of limitations;
79 exclusions; indemnification; risk management programs.—
80
(21)
This section does not apply to an action brought under
81
s. 908.15.
82 Section 5. This act shall take effect July 1, 2026.