Immigration, Law Enforcement, and State-issued Identification

Florida Senate
-
2026

SB 328

By
Senator Smith

17-00422-26 2026328__
1 A bill to be entitled
2 An act relating to immigration, law enforcement, and
3 state-issued identification; providing a short title
4 and purpose of the act; amending s. 20.60, F.S.;
5 establishing the Office for New Americans in the
6 Department of Commerce; providing responsibilities of
7 the Office for New Americans; amending s. 322.08,
8 F.S.; requiring proof of a specified identification
9 number for certain applicants for a driver license;
10 deleting a provision authorizing the Department of
11 Highway Safety and Motor Vehicles to require
12 applicants to produce certain documents from the
13 United States Department of Homeland Security for
14 certain purposes; authorizing the use of additional
15 specified documents issued by foreign governments to
16 satisfy proof-of-identity requirements; providing that
17 a driver license or temporary permit issued based on
18 specified documents is valid for a specified period;
19 deleting a provision authorizing applications to
20 include fingerprints and other unique biometric means
21 of identity; amending s. 322.12, F.S.; prohibiting the
22 Department of Highway Safety and Motor Vehicles from
23 waiving certain tests for applicants who provide proof
24 of identity using specified foreign documents;
25 amending s. 322.142, F.S.; providing a short title;
26 defining the term “agency that primarily enforces
27 immigration law”; prohibiting the Department of
28 Highway Safety and Motor Vehicles from disclosing or
29 making accessible certain photographs and related
30 information to any agency that primarily enforces
31 immigration law or to any employee or agent of such
32 agency; providing exceptions; requiring that the
33 department notify a person about whom certain
34 information was requested; requiring that the
35 department require a person or entity to certify
36 specified information before such person or entity
37 receives or has access to certain information;
38 requiring such person or entity to keep certain
39 records for a specified period; requiring that such
40 records be maintained in a manner and form prescribed
41 by department rule and be available for inspection by
42 the department; amending ss. 322.17, 322.18, and
43 322.19, F.S.; requiring a licensee to obtain a
44 duplicate or replacement instruction permit or driver
45 license, renew a driver license, or change his or her
46 name or address, respectively, in person and upon
47 submission of specified identification documents under
48 certain circumstances; providing that a license or
49 permit issued based on specified identification
50 documents is valid for a specified period; repealing
51 s. 395.3027, F.S., relating to patient immigration
52 status data collection; amending s. 402.308, F.S.;
53 prohibiting certain entities from denying a license or
54 license renewal to a child care facility based solely
55 on the immigration status of a child under the
56 facility’s care; amending s. 448.095, F.S.; deleting
57 the requirement for certain private employers to use
58 the E-Verify system; deleting the prohibition against
59 employers continuing to employ certain persons;
60 authorizing employers, state contractors, and
61 subcontractors to use the Employment Eligibility
62 Verification form to verify work authorization status;
63 deleting provisions requiring subcontractors to
64 provide a certain affidavit, terminating certain
65 contracts, and providing a cause of action; amending
66 s. 454.021, F.S.; deleting provisions relating to a
67 person’s immigration status when admitting persons to
68 practice law in this state; amending ss. 760.01,
69 760.05, 760.07, 760.08, 760.10, 760.23, 760.24,
70 760.25, 760.26, 760.29, and 760.60, F.S.; providing
71 that discrimination based on a person’s immigration
72 status is unlawful; creating s. 760.45, F.S.;
73 prohibiting a person or entity from discriminating
74 against an individual because the individual holds or
75 presents a driver license that does not comply with
76 the REAL ID Act of 2005; prohibiting an employer from
77 requiring an employee to present a driver license;
78 providing exceptions; providing construction;
79 prohibiting the state or a local government, an agent
80 acting on behalf of the state or a local government,
81 or a program or activity that receives financial
82 assistance from the state from discriminating against
83 an individual because the individual holds or presents
84 a driver license that does not comply with the REAL ID
85 Act of 2005; amending s. 775.0848, F.S.; revising the
86 reclassification of certain penalties for offenses
87 committed by persons who have been previously
88 convicted of a crime relating to the reentry of
89 removed aliens; repealing s. 787.07, F.S., relating to
90 human smuggling; amending ss. 908.102, 908.1031,
91 908.1032, and 908.107, F.S.; conforming provisions to
92 changes made by the act; repealing ss. 908.103,
93 908.105, and 908.106, F.S., relating to the
94 prohibition of sanctuary policies, duties relating to
95 immigration detainees, and the reimbursement of costs,
96 respectively; amending s. 908.104, F.S.; requiring
97 certain law enforcement agencies to facilitate a
98 certain screening by a public defender of a person
99 subject to a federal immigration detainer who is in
100 the agency’s custody and is a witness or victim of
101 specified crimes; requiring such screening to be in
102 the preferred language of the detainee; authorizing
103 law enforcement agencies to decline to comply with a
104 federal immigration detainer under certain
105 circumstances; deleting provisions relating to
106 cooperation with federal immigration authorities;
107 creating s. 908.1041, F.S.; providing definitions;
108 prohibiting local law enforcement agencies and
109 officers, sheriff’s deputies, and federal immigration
110 agencies from engaging in or cooperating with
111 immigration enforcement activities or engaging in or
112 cooperating with immigration enforcement activities
113 pursuant to the Unauthorized Alien Transport Program
114 within a specified distance of public or private
115 schools, child care facilities, or religious
116 institutions; providing an exception; requiring law
117 enforcement agencies to submit to the Department of
118 Law Enforcement a report by a certain date; specifying
119 requirements for the report; providing disciplinary
120 actions; amending s. 908.11, F.S.; prohibiting the
121 sheriff or the chief correctional officer operating a
122 county detention facility from entering into or
123 renewing an immigration enforcement assistance
124 agreement beginning on a date certain; requiring
125 certain agencies to update the State Board of
126 Immigration Enforcement on the status of active or
127 pending agreements, starting on a date certain;
128 requiring the department to establish certain training
129 on immigration enforcement; creating s. 908.14, F.S.;
130 providing a short title; providing definitions;
131 requiring covered immigration officers to wear
132 specified visible identification during public
133 immigration enforcement functions; specifying
134 requirements for such visible identification;
135 prohibiting covered immigration officers from wearing
136 face coverings that impair the visibility of
137 identifying information or obscure a covered
138 immigration officer’s face; providing an exception;
139 providing duties of the State Board of Immigration
140 Enforcement; requiring the State Immigration
141 Enforcement Council to submit to the Legislature a
142 specified report by a date certain; repealing s.
143 921.1426, F.S., relating to the sentence of death for
144 capital offense committed by an unauthorized alien;
145 amending s. 943.1718, F.S.; providing definitions;
146 prohibiting law enforcement officers from wearing face
147 coverings in the performance of their official duties;
148 requiring specified advance notice be given to the
149 sheriff under certain circumstances; providing
150 applicability; providing criminal penalties; requiring
151 the Department of Law Enforcement to adopt rules;
152 amending s. 943.325, F.S.; authorizing, rather than
153 requiring, certain qualifying offenders to submit a
154 DNA sample to a law enforcement agency; prohibiting
155 law enforcement agencies from forcibly extracting DNA
156 samples from certain persons; amending s. 1000.05,
157 F.S.; providing definitions; prohibiting a child in
158 this state from being denied a free public education
159 based on the perceived or actual immigration status of
160 the child or the child’s parent or guardian;
161 prohibiting schools from taking certain actions;
162 requiring schools to develop certain procedures by a
163 specified date; providing for a civil cause of action;
164 requiring such action be filed within a certain
165 timeframe; authorizing the court to award certain
166 relief and reasonable attorney fees and costs;
167 requiring schools to adopt certain policies by a
168 specified date; amending s. 1002.31, F.S.; requiring
169 district school boards to provide preferential
170 treatment relating to open enrollment to specified
171 children, regardless of their immigration status;
172 amending s. 1003.21, F.S.; requiring specified
173 children, regardless of their immigration status, to
174 be admitted to their parent’s or guardian’s school of
175 choice; amending s. 1009.26, F.S.; requiring specified
176 entities to waive out-of-state fees for postsecondary
177 and graduate students if certain conditions are met;
178 revising the conditions under which such entities must
179 waive out-of-state fees; providing that a student who
180 receives a fee waiver is still eligible for state
181 financial aid; amending s. 1009.40, F.S.; prohibiting
182 the denial of resident status for purposes of
183 financial aid to certain students based solely on
184 their immigration status; amending ss. 435.04,
185 456.074, 480.041, 480.043, 775.30, 794.056, 921.0022,
186 and 938.085, F.S.; conforming provisions to changes
187 made by the act; amending s. 501.9741, F.S.;
188 conforming a cross-reference; providing an effective
189 date.
190
191 Be It Enacted by the Legislature of the State of Florida:
192
193 Section 1.
(1)

This act may be cited as the “Florida

194
Economic Prosperity and Immigration Act.”

195
(2)

The purpose of this act is to show that although the

196
administration of immigration is incredibly complex and

197
immigration regulation is the role of the Federal Government,

198
this state should do its part, when possible, by welcoming,

199
valuing, and upholding the dignity of all immigrants who call

200
the Sunshine State home.

201 Section 2. Paragraph (a) of subsection (3) of section
202 20.60, Florida Statutes, is amended to read:
203 20.60 Department of Commerce; creation; powers and duties.—
204 (3)(a) The following divisions and offices of the
205 Department of Commerce are established:
206 1. The Division of Economic Development.
207 2. The Division of Community Development.
208 3. The Division of Workforce Services.
209 4. The Division of Finance and Administration.
210 5. The Division of Information Technology.
211 6. The Office of the Secretary.
212 7. The Office of Economic Accountability and Transparency,
213 which shall:
214 a. Oversee the department’s critical objectives as
215 determined by the secretary and make sure that the department’s
216 key objectives are clearly communicated to the public.
217 b. Organize department resources, expertise, data, and
218 research to focus on and solve the complex economic challenges
219 facing the state.
220 c. Provide leadership for the department’s priority issues
221 that require integration of policy, management, and critical
222 objectives from multiple programs and organizations internal and
223 external to the department; and organize and manage external
224 communication on such priority issues.
225 d. Promote and facilitate key department initiatives to
226 address priority economic issues and explore data and identify
227 opportunities for innovative approaches to address such economic
228 issues.
229 e. Promote strategic planning for the department.
230
8.

The Office for New Americans, which shall:

231
a.

Create and implement a statewide strategy and program to

232
foster and promote immigrant and refugee inclusion in this state

233
in order to improve economic mobility, enhance civic

234
participation, and improve receiving communities’ openness to

235
immigrants and refugees.

236
b.

Address this state’s workforce needs by connecting

237
employers and job seekers within the immigrant and refugee

238
communities.

239
c.

Serve as an information clearinghouse for state agencies

240
on immigration-related policy issues and coordinate among

241
agencies as appropriate to make policy recommendations.

242
d.

Act as a point of contact for state licensing boards and

243
other agencies dealing with professional regulations.

244
e.

Identify and support implementation of programs and

245
strategies, including the creation of alternative employment

246
pathways, to reduce employment barriers for immigrants and

247
refugees.

248
f.

Work with state agencies and community and foundation

249
partners to undertake studies and to research and analyze

250
economic and demographic trends to better understand and serve

251
this state’s immigrant and refugee communities.

252
g.

Coordinate and establish best practices for language

253
access initiatives for all state agencies.

254 Section 3. Subsection (2) of section 322.08, Florida
255 Statutes, is amended to read:
256 322.08 Application for license; requirements for license
257 and identification card forms.—
258 (2) Each such application shall include the following
259 information regarding the applicant:
260 (a) Full name (first, middle or maiden, and last), gender,
261 proof of social security card number satisfactory to the
262 department, which may include a military identification card,
263 county of residence, mailing address, proof of residential
264 address satisfactory to the department, country of birth, and a
265 brief description.
An applicant who cannot provide a social

266
security card number must provide proof of a number associated

267
with a document establishing identity, as specified in paragraph

268
(c).

269 (b) Proof of birth date satisfactory to the department.
270 (c) Proof of identity satisfactory to the department. Such
271 proof must include one of the following documents issued to the
272 applicant:
273 1. A driver license record or identification card record
274 from another jurisdiction which complies with the REAL ID Act of
275 2005, Pub. L. No. 109-13, and which required the applicant to
276 submit a document for identification which is substantially
277 similar to a document required under subparagraph 2.,
278 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
279 6., subparagraph 7., or subparagraph 8.
;

280 2. A certified copy of a United States birth certificate
.
;

281 3. A valid, unexpired United States passport or passport
282 card
.
;

283 4. A naturalization certificate issued by the United States
284 Department of Homeland Security
.
;

285 5. A valid, unexpired alien registration receipt card
286 (green card)
.
;

287 6. A Consular Report of Birth Abroad provided by the United
288 States Department of State
.
;

289 7. An unexpired employment authorization card issued by the
290 United States Department of Homeland Security
.
; or

291 8. Proof of
any of the following documents

nonimmigrant

292
classification
provided by the United States Department of
293 Homeland Security, for an original driver license
. In order to

294
prove nonimmigrant classification, an applicant must provide at

295
least one of the following documents. In addition, the

296
department may require applicants to produce United States

297
Department of Homeland Security documents for the sole purpose

298
of establishing the maintenance of, or efforts to maintain,

299
continuous lawful presence
:
300 a. A notice of hearing from an immigration court scheduling
301 a hearing on any proceeding.
302 b. A notice from the Board of Immigration Appeals
303 acknowledging pendency of an appeal.
304 c. A notice of the approval of an application for
305 adjustment of status issued by the United States Citizenship and
306 Immigration Services.
307 d. An official documentation confirming the filing of a
308 petition for asylum or refugee status or any other relief issued
309 by the United States Citizenship and Immigration Services.
310 e. A notice of action transferring any pending matter from
311 another jurisdiction to this state issued by the United States
312 Citizenship and Immigration Services.
313 f. An order of an immigration judge or immigration officer
314 granting relief
which

that
authorizes the alien to live and work
315 in the United States, including, but not limited to, asylum.
316 g. Evidence that an application is pending for adjustment
317 of status to that of an alien lawfully admitted for permanent
318 residence in the United States or conditional permanent resident
319 status in the United States, if a visa number is available
320 having a current priority date for processing by the United
321 States Citizenship and Immigration Services.
322 h. An unexpired passport issued by the government of
323 another country with:
324 (I) A stamp or mark affixed by the Federal Government onto
325 the passport to evidence and authorize lawful presence in the
326 United States; or
327 (II) An unexpired I-94, or current permanent resident card,
328 or unexpired immigrant visa, issued by the Federal Government.
329
9.

A passport issued by a foreign government.

330
10.

A birth certificate issued by a foreign government.

331
11.

A consular identification document.

332
12.

A national identification card issued by a foreign

333
government.

334
13.

A driver license issued by a foreign government. If the

335
foreign driver license is in a language other than English, the

336
driver license must be accompanied by a certified translation or

337
an affidavit of translation into English.

338
14.

A school document, including any document issued by a

339
public or private primary or secondary school or a postsecondary

340
institution, college, or university, which either includes the

341
applicant’s date of birth or, if a foreign school document, is

342
sealed by the school and includes a photograph of the applicant

343
at the age the record was issued.

344
15.

A court document issued by or filed with a state

345
government in which the applicant is named as a party to a court

346
proceeding.

347
16.

An income tax return.

348
17.

A marriage license on which the applicant is named as a

349
party. If the language on the marriage license is a language

350
other than English, the marriage license must be accompanied by

351
a certified translation or an affidavit of translation into

352
English.

353
18.

A judgment for the dissolution of a marriage on which

354
the applicant is named as a party. If the language on the

355
judgment is a language other than English, the judgment must be

356
accompanied by a certified translation or an affidavit of

357
translation into English.

358
359 A driver license or temporary permit issued based on documents
360 required in subparagraph 7.
,

or
subparagraph 8.
, subparagraph

361
9., subparagraph 10., subparagraph 11., subparagraph 12., or

362
subparagraph 13.
is valid for a period not to exceed the
363 expiration date of the document presented or
8 years, whichever

364
date first occurs. A driver license or temporary permit issued

365
based on documents required in subparagraph 14., subparagraph

366
15., subparagraph 16., subparagraph 17., or subparagraph 18. is

367
valid for 8 years

1 year
.
368 (d) Whether the applicant has previously been licensed to
369 drive, and, if so, when and by what state, and whether any such
370 license or driving privilege has ever been disqualified,
371 revoked, or suspended, or whether an application has ever been
372 refused, and, if so, the date of and reason for such
373 disqualification, suspension, revocation, or refusal.
374
(e)

Each such application may include fingerprints and

375
other unique biometric means of identity.

376 Section 4. Subsection (1) of section 322.12, Florida
377 Statutes, is amended to read:
378 322.12 Examination of applicants.—
379 (1) It is the intent of the Legislature that every
380 applicant for an original driver license in this state be
381 required to pass an examination pursuant to this section.
382 However, the department may waive the knowledge, endorsement,
383 and skills tests for an applicant who is otherwise qualified
,

384
except for an applicant who provides proof of identity under s.

385
322.08(2)(c)9., 10., 11., 12., 13., 14., 15., 16., 17., or 18.,

386 and who surrenders a valid driver license from another state or
387 a province of Canada, or a valid driver license issued by the
388 United States Armed Forces, if the driver applies for a Florida
389 license of an equal or lesser classification. An applicant who
390 fails to pass the initial knowledge test incurs a $10 fee for
391 each subsequent test, to be deposited into the Highway Safety
392 Operating Trust Fund, except that if a subsequent test is
393 administered by the tax collector, the tax collector shall
394 retain such $10 fee, less the general revenue service charge set
395 forth in s. 215.20(1). An applicant who fails to pass the
396 initial skills test incurs a $20 fee for each subsequent test,
397 to be deposited into the Highway Safety Operating Trust Fund,
398 except that if a subsequent test is administered by the tax
399 collector, the tax collector shall retain such $20 fee, less the
400 general revenue service charge set forth in s. 215.20(1). A
401 person who seeks to retain a hazardous-materials endorsement,
402 pursuant to s. 322.57(1)(e), must pass the hazardous-materials
403 test, upon surrendering his or her commercial driver license, if
404 the person has not taken and passed the hazardous-materials test
405 within 2 years before applying for a commercial driver license
406 in this state.
407 Section 5. Subsection (4) of section 322.142, Florida
408 Statutes, is amended, and subsection (5) is added to that
409 section, to read:
410 322.142 Color photographic or digital imaged licenses
;

411
protection of personal information
.—
412 (4) The department may maintain a film negative or print
413 file. The department shall maintain a record of the digital
414
images and signatures

image and signature
of the licensees,
415 together with other data required by the department for
416 identification and retrieval. Reproductions from the file or
417 digital record are exempt from
the provisions of
s. 119.07(1)
418 and may be made and issued only
for any of the following

419
purposes
:
420 (a) For departmental administrative purposes
.
;

421 (b) For the issuance of duplicate licenses
.
;

422 (c) In response to law enforcement agency requests
, except

423
as provided in subsection (5).
;

424 (d) To the Department of Business and Professional
425 Regulation and the Department of Health pursuant to an
426 interagency agreement for the purpose of accessing digital
427 images for reproduction of licenses issued by the Department of
428 Business and Professional Regulation or the Department of
429 Health
.
;

430 (e) To the Department of State or a supervisor of elections
431 pursuant to an interagency agreement to facilitate
432 determinations of eligibility of voter registration applicants
433 and registered voters in accordance with ss. 98.045 and 98.075
.
;

434 (f) To the Department of Revenue pursuant to an interagency
435 agreement for use in establishing paternity and establishing,
436 modifying, or enforcing support obligations in Title IV-D
437 cases
.
;

438 (g) To the Department of Children and Families pursuant to
439 an interagency agreement to conduct protective investigations
440 under part III of chapter 39 and chapter 415
.
;

441 (h) To the Department of Children and Families pursuant to
442 an interagency agreement specifying the number of employees in
443 each of that department’s regions to be granted access to the
444 records for use as verification of identity to expedite the
445 determination of eligibility for public assistance and for use
446 in public assistance fraud investigations
.
;

447 (i) To the Agency for Health Care Administration pursuant
448 to an interagency agreement for the purpose of authorized
449 agencies verifying photographs in the Care Provider Background
450 Screening Clearinghouse authorized under s. 435.12
.
;

451 (j) To the Department of Financial Services pursuant to an
452 interagency agreement to facilitate the location of owners of
453 unclaimed property, the validation of unclaimed property claims,
454 the identification of fraudulent or false claims, and the
455 investigation of allegations of violations of the insurance code
456 by licensees and unlicensed persons
.
;

457 (k) To the Department of Commerce pursuant to an
458 interagency agreement to facilitate the validation of
459 reemployment assistance claims and the identification of
460 fraudulent or false reemployment assistance claims
.
;

461 (l) To district medical examiners pursuant to an
462 interagency agreement for the purpose of identifying a deceased
463 individual, determining cause of death, and notifying next of
464 kin of any investigations, including autopsies and other
465 laboratory examinations, authorized in s. 406.11
.
;

466 (m) To the following persons for the purpose of identifying
467 a person as part of the official work of a court:
468 1. A justice or judge of this state;
469 2. An employee of the state courts system who works in a
470 position that is designated in writing for access by the Chief
471 Justice of the Supreme Court or a chief judge of a district or
472 circuit court, or by his or her designee; or
473 3. A government employee who performs functions on behalf
474 of the state courts system in a position that is designated in
475 writing for access by the Chief Justice or a chief judge, or by
476 his or her designee
.
; or

477 (n) To the Agency for Health Care Administration pursuant
478 to an interagency agreement to prevent health care fraud. If the
479 Agency for Health Care Administration enters into an agreement
480 with a private entity to carry out duties relating to health
481 care fraud prevention, such contracts shall include, but need
482 not be limited to:
483 1. Provisions requiring internal controls and audit
484 processes to identify access, use, and unauthorized access of
485 information.
486 2. A requirement to report unauthorized access or use to
487 the Agency for Health Care Administration within 1 business day
488 after the discovery of the unauthorized access or use.
489 3. Provisions for liquidated damages for unauthorized
490 access or use of no less than $5,000 per occurrence.
491
(5)(a)

This subsection shall be known and may be cited as

492
the “Driver License Privacy Act.”

493
(b)

For purposes of this subsection, the term “agency that

494
primarily enforces immigration law” includes, but is not limited

495
to, United States Immigration and Customs Enforcement, United

496
States Customs and Border Protection, or any successor agencies

497
that have similar duties.

498
(c)

Except as required for the department to issue or renew

499
a driver license or learner’s driver license that meets federal

500
standards for identification, the department may not disclose or

501
make accessible, in any manner, to any agency that primarily

502
enforces immigration law or to any employee or agent of such

503
agency photographs and related information pertaining to persons

504
whose images or personal identifying information are possessed

505
by the department, unless the department is presented with a

506
lawful court order or judicial warrant signed by a judge

507
appointed under Article III of the United States Constitution.

508
Within 3 days after receiving a request for information under

509
this subsection from such an agency, the department must notify

510
the person about whom such information was requested of the

511
request and the identity of the agency that made such request.

512
(d)

Before any person or entity receives or has access to

513
information from the department under this subsection, the

514
department must require such person or entity to certify to the

515
department that the person or entity will not:

516
1.

Use such information for civil immigration purposes; or

517
2.

Disclose such information to any agency that primarily

518
enforces immigration law or to any employee or agent of any such

519
agency unless such disclosure is pursuant to a cooperative

520
arrangement between municipal, state, and federal agencies, if

521
the arrangement does not enforce immigration law, and if the

522
disclosure is limited to the specific information being sought

523
pursuant to the arrangement.

524
(e)

In addition to any records required to be kept pursuant

525
to 18 U.S.C. s. 2721(c), any person or entity that receives or

526
has access to information from the department under this

527
subsection must keep both of the following records for a period

528
of 5 years:

529
1.

Records of all the uses of such department information.

530
2.

Records that identify each person or entity that

531
primarily enforces immigration law which receives such

532
department information from the person or entity.

533
(f)

The records identified in paragraph (e) must be

534
maintained in a manner and form prescribed by department rule

535
and must be available for inspection by the department.

536 Section 6. Subsection (3) of section 322.17, Florida
537 Statutes, is amended to read:
538 322.17 Replacement licenses and permits.—
539 (3) Notwithstanding any other
provision

provisions
of this
540 chapter, if a licensee establishes his or her identity for a
541 driver license using an identification document authorized under
542
s. 322.08(2)(c)7.-18.

s. 322.08(2)(c)7. or 8.
, the licensee may
543 not obtain a duplicate or replacement instruction permit or
544 driver license except in person and upon submission of an
545 identification document authorized under
s. 322.08(2)(c)7.-18.

546
s. 322.08(2)(c)7. or 8.

547 Section 7. Paragraph (d) of subsection (2) and paragraph
548 (c) of subsection (4) of section 322.18, Florida Statutes, are
549 amended to read:
550 322.18 Original applications, licenses, and renewals;
551 expiration of licenses; delinquent licenses.—
552 (2) Each applicant who is entitled to the issuance of a
553 driver license, as provided in this section, shall be issued a
554 driver license, as follows:
555 (d)
1.
Notwithstanding any other provision of this chapter,
556 if an applicant establishes his or her identity for a driver
557 license using a document authorized in
s. 322.08(2)(c)7.-13.

s.

558
322.08(2)(c)7. or 8.
, the driver license shall expire
8 years

1

559
year
after the date of issuance or upon the expiration date
560 cited on the
United States Department of Homeland Security

561 documents, whichever date first occurs.
562
2.

Notwithstanding any other provision of this chapter, if

563
an applicant establishes his or her identity for a driver

564
license using a document authorized in s. 322.08(2)(c)14.-18.,

565
the driver license shall expire 8 years after the date of

566
issuance.

567 (4)
568 (c)
1.
Notwithstanding any other provision of this chapter,
569 if a licensee establishes his or her identity for a driver
570 license using an identification document authorized under
s.

571
322.08(2)(c)7.-13.

s. 322.08(2)(c)7. or 8.
, the licensee may not
572 renew the driver license except in person and upon submission of
573 an identification document authorized under
s. 322.08(2)(c)7.

574
13.

s. 322.08(2)(c)7. or 8.
A driver license renewed under this
575
subparagraph

paragraph
expires
8 years

1 year
after the date of
576 issuance or upon the expiration date cited on the
United States

577
Department of Homeland Security
documents, whichever date first
578 occurs.
579
2.

Notwithstanding any other provision of this chapter, if

580
a licensee establishes his or her identity for a driver license

581
using an identification document authorized under s.

582
322.08(2)(c)14.-18., the licensee may only renew the driver

583
license in person and upon submission of an identification

584
document authorized under s. 322.08(2)(c)14.-18. A driver

585
license renewed under this subparagraph expires 8 years after

586
the date of issuance.

587 Section 8. Subsection (5) of section 322.19, Florida
588 Statutes, is amended to read:
589 322.19 Change of address, name, or citizenship status.—
590 (5) Notwithstanding any other provision of this chapter, if
591 a licensee established his or her identity for a driver license
592 using an identification document authorized under
s.

593
322.08(2)(c)7.-18.

s. 322.08(2)(c)7. or 8.
, the licensee may not
594 change his or her name or address except in person and upon
595 submission of an identification document authorized under
s.

596
322.08(2)(c)7.-18.

s. 322.08(2)(c)7. or 8.

597 Section 9.
Section 395.3027, Florida Statutes, is repealed.

598 Section 10. Subsection (6) is added to section 402.308,
599 Florida Statutes, to read:
600 402.308 Issuance of license.—
601
(6)

IMMIGRATION STATUS.—The department or a local licensing

602
agency may not deny a child care facility a license or a license

603
renewal based solely on the immigration status of a child under

604
the care of the child care facility.

605 Section 11. Paragraph (f) of subsection (2) of section
606 448.095, Florida Statutes, is redesignated as paragraph (e), and
607 paragraphs (b) and (e) of subsection (2), paragraph (a) of
608 subsection (4), subsection (5), and paragraphs (a) and (b) of
609 subsection (6) of that section are amended, to read:
610 448.095 Employment eligibility.—
611 (2) EMPLOYMENT VERIFICATION.—
612 (b)1. A public agency shall use the E-Verify system to
613 verify a new employee’s employment eligibility as required under
614 paragraph (a).
615
2.

Beginning on July 1, 2023, a private employer with 25 or

616
more employees shall use the E-Verify system to verify a new

617
employee’s employment eligibility as required under paragraph

618
(a).

619
2.
3.
Each employer required to use the E-Verify system
620 under this paragraph must certify on its first return each
621 calendar year to the tax service provider that it is in
622 compliance with this section when making contributions to or
623 reimbursing the state’s unemployment compensation or
624 reemployment assistance system. An employer that voluntarily
625 uses the E-Verify system may also make such a certification on
626 its first return each calendar year in order to document such
627 use.
628
(e)

An employer may not continue to employ an unauthorized

629
alien after obtaining knowledge that a person is or has become

630
an unauthorized alien.

631 (4) DEFENSES.—
632 (a) An employer that uses the E-Verify system or
, if that

633
system is unavailable,
the Employment Eligibility Verification
634 form (Form I-9) as provided in paragraph (2)(c), with respect to
635 the employment of an unauthorized alien has established a
636 rebuttable presumption that the employer has not violated s.
637 448.09 with respect to such employment.
638 (5) PUBLIC AGENCY CONTRACTING.—
639
(a)
A public agency must require in any contract that the
640 contractor, and any subcontractor thereof, register with and use
641 the E-Verify system
or the Employment Eligibility Verification

642
form (Form I-9)
to verify the work authorization status of all
643 new employees of the contractor or subcontractor. A public
644 agency or a contractor or subcontractor thereof may not enter
645 into a contract unless each party to the contract registers with
646 and uses the E-Verify system
or the Employment Eligibility

647
Verification form (Form I-9)
.
648
(b)

If a contractor enters into a contract with a

649
subcontractor, the subcontractor must provide the contractor

650
with an affidavit stating that the subcontractor does not

651
employ, contract with, or subcontract with an unauthorized

652
alien. The contractor shall maintain a copy of such affidavit

653
for the duration of the contract.

654
(c)1.

A public agency, contractor, or subcontractor who has

655
a good faith belief that a person or an entity with which it is

656
contracting has knowingly violated s. 448.09(1) shall terminate

657
the contract with the person or entity.

658
2.

A public agency that has a good faith belief that a

659
subcontractor knowingly violated this subsection, but the

660
contractor otherwise complied with this subsection, shall

661
promptly notify the contractor and order the contractor to

662
immediately terminate the contract with the subcontractor.

663
3.

A contract terminated under this paragraph is not a

664
breach of contract and may not be considered as such. If a

665
public agency terminates a contract with a contractor under this

666
paragraph, the contractor may not be awarded a public contract

667
for at least 1 year after the date on which the contract was

668
terminated. A contractor is liable for any additional costs

669
incurred by a public agency as a result of the termination of a

670
contract.

671
(d)

A public agency, contractor, or subcontractor may file

672
a cause of action with a circuit or county court to challenge a

673
termination under paragraph (c) no later than 20 calendar days

674
after the date on which the contract was terminated.

675 (6) COMPLIANCE.—
676 (a) In addition to the requirements under s. 288.061(6),
677 beginning on July 1, 2024, if the Department of Commerce
678 determines that an employer failed to use the E-Verify system
or

679
the Employment Eligibility Verification form (Form I-9)
to
680 verify the employment eligibility of employees as required under
681 this section, the department must notify the employer of the
682 department’s determination of noncompliance and provide the
683 employer with 30 days to cure the noncompliance.
684 (b) If the Department of Commerce determines that an
685 employer failed to use the E-Verify system
or the Employment

686
Eligibility Verification form (Form I-9)
as required under this
687 section three times in any 24-month period, the department must
688 impose a fine of $1,000 per day until the employer provides
689 sufficient proof to the department that the noncompliance is
690 cured. Noncompliance constitutes grounds for the suspension of
691 all licenses issued by a licensing agency subject to chapter 120
692 until the noncompliance is cured.
693 Section 12. Subsection (3) of section 454.021, Florida
694 Statutes, is amended to read:
695 454.021 Attorneys; admission to practice law; Supreme Court
696 to govern and regulate.—
697 (3) Upon certification by the Florida Board of Bar
698 Examiners that an applicant
who is an unauthorized immigrant who

699
was brought to the United States as a minor; has been present in

700
the United States for more than 10 years; has received

701
documented employment authorization from the United States

702
Citizenship and Immigration Services (USCIS); has been issued a

703
social security number; if a male, has registered with the

704
Selective Service System if required to do so under the Military

705
Selective Service Act, 50 U.S.C. App. 453; and
has fulfilled all
706 requirements for admission to practice law in this state, the
707 Supreme Court of Florida may admit that applicant as an attorney
708 at law authorized to practice in this state and may direct an
709 order be entered upon the court’s records to that effect.
710 Section 13. Subsection (2) of section 760.01, Florida
711 Statutes, is amended to read:
712 760.01 Purposes; construction; title.—
713 (2) The general purposes of the Florida Civil Rights Act of
714 1992 are to secure for all individuals within the state freedom
715 from discrimination because of race, color, religion, sex,
716 pregnancy, national origin, age, handicap,
immigration status,

717 or marital status and thereby to protect their interest in
718 personal dignity, to make available to the state their full
719 productive capacities, to secure the state against domestic
720 strife and unrest, to preserve the public safety, health, and
721 general welfare, and to promote the interests, rights, and
722 privileges of individuals within the state.
723 Section 14. Section 760.05, Florida Statutes, is amended to
724 read:
725 760.05 Functions of the commission.—The commission shall
726 promote and encourage fair treatment and equal opportunity for
727 all persons regardless of race, color, religion, sex, pregnancy,
728 national origin, age, handicap,
immigration status,
or marital
729 status and mutual understanding and respect among all members of
730 all economic, social, racial, religious, and ethnic groups; and
731 shall endeavor to eliminate discrimination against, and
732 antagonism between, religious, racial, and ethnic groups and
733 their members.
734 Section 15. Section 760.07, Florida Statutes, is amended to
735 read:
736 760.07 Remedies for unlawful discrimination.—Any violation
737 of any Florida statute that makes unlawful discrimination
738 because of race, color, religion, gender, pregnancy, national
739 origin, age, handicap,
immigration status,
or marital status in
740 the areas of education, employment, or public accommodations
741 gives rise to a cause of action for all relief and damages
742 described in s. 760.11(5), unless greater damages are expressly
743 provided for. If the statute prohibiting unlawful discrimination
744 provides an administrative remedy, the action for equitable
745 relief and damages provided for in this section may be initiated
746 only after the plaintiff has exhausted his or her administrative
747 remedy. The term “public accommodations” does not include lodge
748 halls or other similar facilities of private organizations which
749 are made available for public use occasionally or periodically.
750 The right to trial by jury is preserved in any case in which the
751 plaintiff is seeking actual or punitive damages.
752 Section 16. Section 760.08, Florida Statutes, is amended to
753 read:
754 760.08 Discrimination in places of public accommodation.
755 All persons are entitled to the full and equal enjoyment of the
756 goods, services, facilities, privileges, advantages, and
757 accommodations of any place of public accommodation without
758 discrimination or segregation on the ground of race, color,
759 national origin, sex, pregnancy, handicap, familial status,
760
immigration status,
or religion.
761 Section 17. Subsections (1) and (2), paragraphs (a) and (b)
762 of subsection (3), subsections (4), (5), and (6), and paragraph
763 (a) of subsection (9) of section 760.10, Florida Statutes, are
764 amended to read:
765 760.10 Unlawful employment practices.—
766 (1) It is an unlawful employment practice for an employer:
767 (a) To discharge or to fail or refuse to hire any
768 individual, or otherwise to discriminate against any individual
769 with respect to compensation, terms, conditions, or privileges
770 of employment, because of such individual’s race, color,
771 religion, sex, pregnancy, national origin, age, handicap,
772
immigration status,
or marital status.
773 (b) To limit, segregate, or classify employees or
774 applicants for employment in any way which would deprive or tend
775 to deprive any individual of employment opportunities, or
776 adversely affect any individual’s status as an employee, because
777 of such individual’s race, color, religion, sex, pregnancy,
778 national origin, age, handicap,
immigration status,
or marital
779 status.
780 (2) It is an unlawful employment practice for an employment
781 agency to fail or refuse to refer for employment, or otherwise
782 to discriminate against, any individual because of race, color,
783 religion, sex, pregnancy, national origin, age, handicap,
784
immigration status,
or marital status or to classify or refer
785 for employment any individual on the basis of race, color,
786 religion, sex, pregnancy, national origin, age, handicap,
787
immigration status,
or marital status.
788 (3) It is an unlawful employment practice for a labor
789 organization:
790 (a) To exclude or to expel from its membership, or
791 otherwise to discriminate against, any individual because of
792 race, color, religion, sex, pregnancy, national origin, age,
793 handicap,
immigration status,
or marital status.
794 (b) To limit, segregate, or classify its membership or
795 applicants for membership, or to classify or fail or refuse to
796 refer for employment any individual, in any way that would
797 deprive or tend to deprive any individual of employment
798 opportunities, or adversely affect any individual’s status as an
799 employee or as an applicant for employment, because of such
800 individual’s race, color, religion, sex, pregnancy, national
801 origin, age, handicap,
immigration status,
or marital status.
802 (4) It is an unlawful employment practice for any employer,
803 labor organization, or joint labor-management committee
804 controlling apprenticeship or other training or retraining,
805 including on-the-job training programs, to discriminate against
806 any individual because of race, color, religion, sex, pregnancy,
807 national origin, age, handicap,
immigration status,
or marital
808 status in admission to, or employment in, any program
809 established to provide apprenticeship or other training.
810 (5) Whenever, in order to engage in a profession,
811 occupation, or trade, it is required that a person receive a
812 license, certification, or other credential, become a member or
813 an associate of any club, association, or other organization, or
814 pass any examination, it is an unlawful employment practice for
815 any person to discriminate against any other person seeking such
816 license, certification, or other credential, seeking to become a
817 member or associate of such club, association, or other
818 organization, or seeking to take or pass such examination,
819 because of such other person’s race, color, religion, sex,
820 pregnancy, national origin, age, handicap,
immigration status,

821 or marital status.
822 (6) It is an unlawful employment practice for an employer,
823 labor organization, employment agency, or joint labor-management
824 committee to print, or cause to be printed or published, any
825 notice or advertisement relating to employment, membership,
826 classification, referral for employment, or apprenticeship or
827 other training, indicating any preference, limitation,
828 specification, or discrimination, based on race, color,
829 religion, sex, pregnancy, national origin, age, absence of
830 handicap,
immigration status,
or marital status.
831 (9) Notwithstanding any other provision of this section, it
832 is not an unlawful employment practice under ss. 760.01-760.10
833 for an employer, employment agency, labor organization, or joint
834 labor-management committee to:
835 (a) Take or fail to take any action on the basis of
836 religion, sex, pregnancy, national origin, age, handicap,
837
immigration status,
or marital status in those certain instances
838 in which religion, sex, condition of pregnancy, national origin,
839 age, absence of a particular handicap,
immigration status,
or
840 marital status is a bona fide occupational qualification
841 reasonably necessary for the performance of the particular
842 employment to which such action or inaction is related.
843 Section 18. Subsections (1) through (5) of section 760.23,
844 Florida Statutes, are amended to read:
845 760.23 Discrimination in the sale or rental of housing and
846 other prohibited practices.—
847 (1) It is unlawful to refuse to sell or rent after the
848 making of a bona fide offer, to refuse to negotiate for the sale
849 or rental of, or otherwise to make unavailable or deny a
850 dwelling to any person because of race, color, national origin,
851 sex, disability, familial status,
immigration status,
or
852 religion.
853 (2) It is unlawful to discriminate against any person in
854 the terms, conditions, or privileges of sale or rental of a
855 dwelling, or in the provision of services or facilities in
856 connection therewith, because of race, color, national origin,
857 sex, disability, familial status,
immigration status,
or
858 religion.
859 (3) It is unlawful to make, print, or publish, or cause to
860 be made, printed, or published, any notice, statement, or
861 advertisement with respect to the sale or rental of a dwelling
862 that indicates any preference, limitation, or discrimination
863 based on race, color, national origin, sex, disability, familial
864 status,
immigration status,
or religion or an intention to make
865 any such preference, limitation, or discrimination.
866 (4) It is unlawful to represent to any person because of
867 race, color, national origin, sex, disability, familial status,
868
immigration status,
or religion that any dwelling is not
869 available for inspection, sale, or rental when such dwelling is
870 in fact so available.
871 (5) It is unlawful, for profit, to induce or attempt to
872 induce any person to sell or rent any dwelling by a
873 representation regarding the entry or prospective entry into the
874 neighborhood of a person or persons of a particular race, color,
875 national origin, sex, disability, familial status,
immigration

876
status,
or religion.
877 Section 19. Section 760.24, Florida Statutes, is amended to
878 read:
879 760.24 Discrimination in the provision of brokerage
880 services.—It is unlawful to deny any person access to, or
881 membership or participation in, any multiple-listing service,
882 real estate brokers’ organization, or other service,
883 organization, or facility relating to the business of selling or
884 renting dwellings, or to discriminate against him or her in the
885 terms or conditions of such access, membership, or
886 participation, on account of race, color, national origin, sex,
887 disability, familial status,
immigration status,
or religion.
888 Section 20. Subsection (1) and paragraph (a) of subsection
889 (2) of section 760.25, Florida Statutes, are amended to read:
890 760.25 Discrimination in the financing of housing or in
891 residential real estate transactions.—
892 (1) It is unlawful for any bank, building and loan
893 association, insurance company, or other corporation,
894 association, firm, or enterprise the business of which consists
895 in whole or in part of the making of commercial real estate
896 loans to deny a loan or other financial assistance to a person
897 applying for the loan for the purpose of purchasing,
898 constructing, improving, repairing, or maintaining a dwelling,
899 or to discriminate against him or her in the fixing of the
900 amount, interest rate, duration, or other term or condition of
901 such loan or other financial assistance, because of the race,
902 color, national origin, sex, disability, familial status,
903
immigration status,
or religion of such person or of any person
904 associated with him or her in connection with such loan or other
905 financial assistance or the purposes of such loan or other
906 financial assistance, or because of the race, color, national
907 origin, sex, disability, familial status,
immigration status,
or
908 religion of the present or prospective owners, lessees, tenants,
909 or occupants of the dwelling or dwellings in relation to which
910 such loan or other financial assistance is to be made or given.
911 (2)(a) It is unlawful for any person or entity whose
912 business includes engaging in residential real estate
913 transactions to discriminate against any person in making
914 available such a transaction, or in the terms or conditions of
915 such a transaction, because of race, color, national origin,
916 sex, disability, familial status,
immigration status,
or
917 religion.
918 Section 21. Section 760.26, Florida Statutes, is amended to
919 read:
920 760.26 Prohibited discrimination in land use decisions and
921 in permitting of development.—It is unlawful to discriminate in
922 land use decisions or in the permitting of development based on
923 race, color, national origin, sex, disability, familial status,
924
immigration status,
religion, or, except as otherwise provided
925 by law, the source of financing of a development or proposed
926 development.
927 Section 22. Subsection (2) and paragraph (a) of subsection
928 (5) of section 760.29, Florida Statutes, are amended to read:
929 760.29 Exemptions.—
930 (2) Nothing in ss. 760.20-760.37 prohibits a religious
931 organization, association, or society, or any nonprofit
932 institution or organization operated, supervised, or controlled
933 by or in conjunction with a religious organization, association,
934 or society, from limiting the sale, rental, or occupancy of any
935 dwelling which it owns or operates for other than a commercial
936 purpose to persons of the same religion or from giving
937 preference to such persons, unless membership in such religion
938 is restricted on account of race, color,
or
national origin
, or

939
immigration status
. Nothing in ss. 760.20-760.37 prohibits a
940 private club not in fact open to the public, which as an
941 incident to its primary purpose or purposes provides lodgings
942 which it owns or operates for other than a commercial purpose,
943 from limiting the rental or occupancy of such lodgings to its
944 members or from giving preference to its members.
945 (5) Nothing in ss. 760.20-760.37:
946 (a) Prohibits a person engaged in the business of
947 furnishing appraisals of real property from taking into
948 consideration factors other than race, color, national origin,
949 sex, disability, familial status,
immigration status,
or
950 religion.
951 Section 23. Section 760.45, Florida Statutes, is created to
952 read:
953
760.45

Discrimination on the basis of certain driver

954
licenses prohibited.—

955
(1)

A person or an entity, including a business

956
establishment or an employer, may not discriminate against an

957
individual because the individual holds or presents a driver

958
license that does not comply with the REAL ID Act of 2005, Pub.

959
L. No. 109-13.

960
(2)

An employer may not require an employee to present a

961
driver license unless possessing a driver license is required by

962
law or is lawfully required by the employer. This subsection may

963
not be construed to limit or expand an employer’s authority to

964
require an employee to possess a driver license.

965
(3)

This section may not be construed to do either of the

966
following:

967
(a)

Alter an employer’s rights or obligations under the

968
Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding

969
obtaining documentation that evidences identity and

970
authorization for employment.

971
(b)

Prohibit any other action taken by an employer which is

972
required under 8 U.S.C. s. 1324a(a).

973
(4)

The state or a local government; an agent or a person

974
acting on behalf of the state or a local government; or a

975
program or activity that is funded directly by, or receives

976
financial assistance from, the state may not discriminate

977
against an individual because the individual holds or presents a

978
driver license that does not comply with the REAL ID Act of

979
2005, Pub. L. No. 109-13. This prohibition includes, but is not

980
limited to, notifying a law enforcement agency of the

981
individual’s identity or that the individual holds a driver

982
license that does not comply with the REAL ID Act of 2005, Pub.

983
L. No. 109-13, if notification is not required by law or would

984
not have been provided if the individual’s driver license had

985
been compliant with such act.

986 Section 24. Subsection (1) of section 760.60, Florida
987 Statutes, is amended to read:
988 760.60 Discriminatory practices of certain clubs
989 prohibited; remedies.—
990 (1) It is unlawful for a person to discriminate against any
991 individual because of race, color, religion, gender, national
992 origin, handicap, age above the age of 21,
immigration status,

993 or marital status in evaluating an application for membership in
994 a club that has more than 400 members, that provides regular
995 meal service, and that regularly receives payment for dues,
996 fees, use of space, facilities, services, meals, or beverages
997 directly or indirectly from nonmembers for business purposes. It
998 is unlawful for a person, on behalf of such a club, to publish,
999 circulate, issue, display, post, or mail any advertisement,
1000 notice, or solicitation that contains a statement to the effect
1001 that the accommodations, advantages, facilities, membership, or
1002 privileges of the club are denied to any individual because of
1003 race, color, religion, gender, national origin, handicap, age
1004 above the age of 21,
immigration status,
or marital status. This
1005 subsection does not apply to fraternal or benevolent
1006 organizations, ethnic clubs, or religious organizations where
1007 business activity is not prevalent.
1008 Section 25. Section 775.0848, Florida Statutes, is amended
1009 to read:
1010 775.0848
Commission of a felony after unlawful reentry into

1011
the United States

Offenses committed by an unauthorized alien
;
1012 reclassification.—
A person who has been previously convicted of

1013
a crime relating to the reentry of removed aliens under 8 U.S.C.

1014
s. 1326 shall have
the penalty for
committing a

any misdemeanor

1015
or
felony
after such conviction

committed by an unauthorized

1016
alien as defined in s. 908.111 shall be
reclassified in the
1017 following manner:
1018
(1)

A misdemeanor of the second degree is reclassified to a

1019
misdemeanor of the first degree.

1020
(
2)

A misdemeanor of the first degree is reclassified to a

1021
felony of the third degree.

1022
(1)
(3)
A felony of the third degree is reclassified to a
1023 felony of the second degree.
1024
(2)
(4)
A felony of the second degree is reclassified to a
1025 felony of the first degree.
1026
(3)
(5)
A felony of the first degree is reclassified to a
1027 life felony.
1028 Section 26.
Section 787.07, Florida Statutes, is repealed.

1029 Section 27. Subsection (6) of section 908.102, Florida
1030 Statutes, is amended to read:
1031 908.102 Definitions.—As used in this chapter, the term:
1032
(6)

“Sanctuary policy” means a law, policy, practice,

1033
procedure, or custom adopted or allowed by a state entity or

1034
local governmental entity which prohibits or impedes a law

1035
enforcement agency from complying with 8 U.S.C. s. 1373 or which

1036
prohibits or impedes a law enforcement agency from communicating

1037
or cooperating with a federal immigration agency so as to limit

1038
such law enforcement agency in, or prohibit the agency from:

1039
(a)

Complying with an immigration detainer;

1040
(b)

Complying with a request from a federal immigration

1041
agency to notify the agency before the release of an inmate or

1042
detainee in the custody of the law enforcement agency;

1043
(c)

Providing a federal immigration agency access to an

1044
inmate for interview;

1045
(d)

Participating in any program or agreement authorized

1046
under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s.

1047
1357 as required by s. 908.11;

1048
(e)

Providing a federal immigration agency with an inmate’s

1049
incarceration status or release date;

1050
(f)

Providing information to a state entity on the

1051
immigration status of an inmate or detainee in the custody of

1052
the law enforcement agency;

1053
(g)

Executing a lawful judicial warrant; or

1054
(h)

Participating in a federal immigration operation with a

1055
federal immigration agency as permitted by federal and state

1056
law.

1057 Section 28.
Sections 908.103, 908.105, and 908.106, Florida

1058
Statutes, are repealed.

1059 Section 29. Paragraph (h) is added to subsection (3) of
1060 section 908.1031, Florida Statutes, to read:
1061 908.1031 State Board of Immigration Enforcement; creation;
1062 purpose and duties.—
1063 (3) The board is the chief immigration enforcement officer
1064 of the state and shall:
1065
(h)

Investigate any complaints received for violations of

1066
and otherwise enforce the Visible Identification Standards for

1067
Immigration-Based Law Enforcement Act pursuant to s. 908.14.

1068 Section 30. Paragraph (i) is added to subsection (4) of
1069 section 908.1032, Florida Statutes, to read:
1070 908.1032 State Immigration Enforcement Council.—The State
1071 Immigration Enforcement Council, an advisory council as defined
1072 in s. 20.03, is created within the State Board of Immigration
1073 Enforcement for the purpose of advising the board.
1074 (4) The council shall:
1075
(i)

Collect data relating to the Visible Identification

1076
Standards for Immigration-Based Law Enforcement Act and, by June

1077
30 of each year, submit to the President of the Senate and the

1078
Speaker of the House of Representatives a report in accordance

1079
with s. 908.14.

1080 Section 31. Section 908.104, Florida Statutes, is amended
1081 to read:
1082 908.104 Cooperation with federal immigration authorities.
1083
To ensure compliance with Title VII of the Civil Rights Act of

1084
1964,

1085
(1)

Consistent with all duties created in state and federal

1086
law, state and local law enforcement agencies and any official

1087
responsible for directing or supervising such agency shall use

1088
best efforts to support the enforcement of federal immigration

1089
law. This subsection applies to an official, representative,

1090
agent, or employee of the entity or agency only when he or she

1091
is acting within the scope of his or her official duties or

1092
within the scope of his or her employment.

1093
(2)

Except as otherwise expressly prohibited by federal

1094
law, a state entity, local governmental entity, or law

1095
enforcement agency, or an employee, an agent, or a

1096
representative of the entity or agency, may not prohibit or in

1097
any way restrict a law enforcement agency from taking any of the

1098
following actions with respect to information regarding a

1099
person’s immigration status:

1100
(a)

Sending the information to or requesting, receiving, or

1101
reviewing the information from a federal immigration agency for

1102
purposes of this chapter.

1103
(b)

Recording and maintaining the information for purposes

1104
of this chapter.

1105
(c)

Exchanging the information with a federal immigration

1106
agency or another state entity, local governmental entity, or

1107
law enforcement agency for purposes of this chapter.

1108
(d)

Using the information to comply with an immigration

1109
detainer.

1110
(e)

Using the information to confirm the identity of a

1111
person who is detained by a law enforcement agency.

1112
(f)

Sending the applicable information obtained pursuant to

1113
enforcement of s. 448.095 to a federal immigration agency.

1114
(3)

A state entity, local governmental entity, or law

1115
enforcement agency may not prohibit or in any way restrict a law

1116
enforcement officer from executing or assisting in the execution

1117
of a lawful judicial warrant.

1118
(4)(a)

For purposes of this subsection, the term

1119
“applicable criminal case” means a criminal case in which:

1120
1.

The judgment requires the defendant to be confined in a

1121
secure correctional facility; and

1122
2.

The judge:

1123
a.

Indicates in the record under s. 908.105 that the

1124
defendant is subject to an immigration detainer; or

1125
b.

Otherwise indicates in the record that the defendant is

1126
subject to a transfer into federal custody.

1127
(b)

In an applicable criminal case, when the judge

1128
sentences a defendant who is the subject of an immigration

1129
detainer to confinement, the judge shall issue an order

1130
requiring the secure correctional facility in which the

1131
defendant is to be confined to reduce the defendant’s sentence

1132
by a period of not more than 12 days on the facility’s

1133
determination that the reduction in sentence will facilitate the

1134
seamless transfer of the defendant into federal custody. For

1135
purposes of this paragraph, the term “secure correctional

1136
facility” means a state correctional institution as defined in

1137
s. 944.02 or a county detention facility or a municipal

1138
detention facility as defined in s. 951.23.

1139
(c)

If the information specified in sub-subparagraph

1140
(a)2.a. or sub-subparagraph (a)2.b. is not available at the time

1141
the sentence is pronounced in the case, but is received by a law

1142
enforcement agency afterwards, the law enforcement agency shall

1143
notify the judge who shall issue the order described by

1144
paragraph (b) as soon as the information becomes available.

1145
(5)
when a county correctional facility or the Department
1146 of Corrections receives verification from a federal immigration
1147 agency that a person subject to an immigration detainer is in
1148 the law enforcement agency’s custody, the agency
must facilitate

1149
a screening of the person by a public defender to determine if

1150
the person is or has been a necessary witness or victim of a

1151
crime of domestic violence, rape, sexual exploitation, sexual

1152
assault, murder, manslaughter, assault, battery, human

1153
trafficking, kidnapping, false imprisonment, involuntary

1154
servitude, fraud in foreign labor contracting, blackmail,

1155
extortion, or witness tampering. The screening must be in the

1156
preferred language of the person being detained. If the public

1157
defender determines that the person is a necessary witness or

1158
victim of the aforementioned acts, the county correctional

1159
facility or the Department of Corrections may decline to comply

1160
with the federal immigration detainer. Otherwise, the county

1161
correctional facility or the Department of Corrections
may
1162 securely transport the person to a federal facility in this
1163 state or to another point of transfer to federal custody outside
1164 the jurisdiction of the law enforcement agency. The law
1165 enforcement agency may transfer a person who is subject to an
1166 immigration detainer and is confined in a secure correctional
1167 facility to the custody of a federal immigration agency not
1168 earlier than 12 days before his or her release date. A law
1169 enforcement agency shall obtain judicial authorization before
1170 securely transporting an alien to a point of transfer outside of
1171 this state.
1172
(6)

Upon request from a federal immigration agency, a

1173
sheriff or chief correctional officer operating a county

1174
detention facility must provide the requesting federal

1175
immigration agency a list of all inmates booked into a county

1176
detention facility and any information regarding each inmate’s

1177
immigration status.

1178
(7)

This section does not require a state entity, local

1179
governmental entity, or law enforcement agency to provide a

1180
federal immigration agency with information related to a victim

1181
of or a witness to a criminal offense if:

1182
(a)

The victim or witness is necessary to the investigation

1183
or prosecution of a crime, and such crime occurred in the United

1184
States; and

1185
(b)

The victim or witness timely and in good faith responds

1186
to the entity’s or agency’s request for information and

1187
cooperates in the investigation or prosecution of such offense.

1188
(8)

A state entity, local governmental entity, or law

1189
enforcement agency that, pursuant to subsection (7), withholds

1190
information regarding the immigration information of a victim of

1191
or witness to a criminal offense shall document the victim’s or

1192
witness’s cooperation in the entity’s or agency’s investigative

1193
records related to the offense and shall retain the records for

1194
at least 10 years for the purpose of audit, verification, or

1195
inspection by the Auditor General.

1196
(9)

This section does not authorize a law enforcement

1197
agency to detain an alien unlawfully present in the United

1198
States pursuant to an immigration detainer solely because the

1199
alien witnessed or reported a crime or was a victim of a

1200
criminal offense.

1201
(10)

This section does not apply to any alien unlawfully

1202
present in the United States if he or she is or has been a

1203
necessary witness or victim of a crime of domestic violence,

1204
rape, sexual exploitation, sexual assault, murder, manslaughter,

1205
assault, battery, human trafficking, kidnapping, false

1206
imprisonment, involuntary servitude, fraud in foreign labor

1207
contracting, blackmail, extortion, or witness tampering,

1208
provided that such crime was committed in the United States.

1209
Documentation, including, but not limited to, police reports,

1210
testimony, sworn statements, or a victim impact statement, must

1211
be relied upon to verify that the person was a necessary witness

1212
or victim to the crime.

1213 Section 32. Section 908.1041, Florida Statutes, is created
1214 to read:
1215
908.1041

Prohibition against engaging in immigration

1216
enforcement activities near public and private schools, child

1217
care facilities, or religious institutions.—

1218
(1)

As used in this section, the term:

1219
(a)

“Child care facility” has the same meaning as in s.

1220
402.302.

1221
(b)

“Immigration enforcement activities” means any action

1222
by a law enforcement officer or agency, including, but not

1223
limited to, the identification, detention, questioning,

1224
investigation, or arrest of individuals based on their

1225
immigration status.

1226
(c)

“Private school” has the same meaning as in s. 1002.01.

1227
(d)

“Public school” means any facility or location

1228
providing primary or secondary education, including, but not

1229
limited to, public K-12 schools, charter schools, and school

1230
grounds.

1231
(e)

“Religious institution” means any building or space

1232
primarily used for religious worship or practices, including,

1233
but not limited to, a church, synagogue, mosque, temple, and

1234
other place of religious gathering.

1235
(2)

A law enforcement agency, law enforcement officer,

1236
sheriff’s deputy, or federal immigration agency may not engage

1237
in or cooperate with immigration enforcement activities or

1238
engage in or cooperate with immigration enforcement activities

1239
pursuant to the Unauthorized Alien Transport Program under s.

1240
908.13 within 500 feet of any public or private school, child

1241
care facility, or religious institution, except in cases of

1242
exigent circumstances when immediate action is necessary to

1243
prevent harm or death. A local law enforcement agency, law

1244
enforcement officer, sheriff’s deputy, or federal immigration

1245
agency may not:

1246
(a)

Use agency resources, personnel, or authority to

1247
question, detain, or arrest individuals solely based on their

1248
immigration status on the grounds of, or within 500 feet of, a

1249
public or private school, child care facility, or religious

1250
institution.

1251
(b)

Collaborate with federal immigration agency authorities

1252
for immigration enforcement purposes within or around the areas

1253
described in this subsection unless authorized to do so by a

1254
court with jurisdiction over the matter.

1255
(3)

This section does not prohibit a local law enforcement

1256
agency, law enforcement officer, sheriff’s deputy, or federal

1257
immigration agency from engaging in activities related to

1258
criminal investigations, emergency responses, or school safety

1259
as authorized by law, provided such activities do not involve

1260
immigration enforcement activities.

1261
(4)

By August 1, 2026, each local law enforcement agency

1262
shall submit to the Department of Law Enforcement a report

1263
detailing policies and protocols for compliance with this

1264
section, including training protocols for officers.

1265
(5)

A local law enforcement agency, law enforcement

1266
officer, or sheriff’s deputy who violates this section may be

1267
subject to disciplinary action by the local governmental entity,

1268
including suspension, dismissal, or loss of funding for local

1269
enforcement efforts.

1270 Section 33. Subsections (3) and (4) of section 908.107,
1271 Florida Statutes, are amended to read:
1272 908.107 Enforcement.—
1273
(3)

If a local governmental entity or local law enforcement

1274
agency violates this chapter, the court must enjoin the unlawful

1275
sanctuary policy. The court has continuing jurisdiction over the

1276
parties and subject matter and may enforce its orders with the

1277
initiation of contempt proceedings as provided by law.

1278
(4)

An order approving a consent decree or granting an

1279
injunction must include written findings of fact that describe

1280
with specificity the existence and nature of the sanctuary

1281
policy that violates this chapter.

1282 Section 34. Section 908.11, Florida Statutes, is amended to
1283 read:
1284 908.11 Immigration enforcement assistance agreements;
1285 reporting requirement.—
1286 (1)
Beginning January 1, 2027,
the sheriff or the chief
1287 correctional officer operating a county detention facility
may

1288
not

must
enter into
or renew
a written agreement with the United
1289 States Immigration and Customs Enforcement to participate in the
1290 immigration program established under s. 287(g) of the
1291 Immigration and Nationality Act, 8 U.S.C. s. 1357. The State
1292 Board of Immigration Enforcement must approve the termination of
1293 any such agreement.
This subsection does not require a sheriff

1294
or chief correctional officer operating a county detention

1295
facility to participate in a particular program model.

1296 (2) Beginning no later than April 1, 2025,
and until
the
1297 sheriff or chief correctional officer operating a county
1298 detention facility
that has such a

enters into the
written
1299 agreement
required under subsection (1), each sheriff or chief

1300
correctional officer operating a county detention facility
must
1301 notify the State Board of Immigration Enforcement
quarterly
of
1302 the status of
any active or pending agreement.

1303
(3)

The Department of Law Enforcement must establish a

1304
regular training schedule to educate relevant employees and

1305
other state entities that collaborate with federal agencies

1306
about current immigration enforcement policies and priorities

1307
such written agreement and any reason for noncompliance with

1308
this section, if applicable
.
1309 Section 35. Section 908.14, Florida Statutes, is created to
1310 read:
1311
908.14

Visible Identification Standards for Immigration

1312
Based Law Enforcement Act.—

1313
(1)

This act may be cited as the “VISIBLE Act.”

1314
(2)

As used in this section, the term:

1315
(a)

“Covered immigration officer” means a person who is

1316
authorized to perform immigration enforcement functions and who

1317
is:

1318
1.

An officer or employee of a law enforcement agency;

1319
2.

An officer or employee of United States Customs and

1320
Border Protection;

1321
3.

An officer or employee of United States Immigration and

1322
Customs Enforcement; or

1323
4.

A person authorized, deputized, or designated under

1324
federal law, regulation, or agreement to perform immigration

1325
enforcement functions.

1326
(b)

“Public immigration enforcement function” means any

1327
activity that involves the direct exercise of federal

1328
immigration authority through public-facing actions, including a

1329
patrol, a stop, an arrest, a search, an interview to determine

1330
immigration status, a raid, a checkpoint inspection, or the

1331
service of a judicial or administrative warrant. The term does

1332
not include covert, nonpublic operations or nonenforcement

1333
activities.

1334
(c)

“Visible identification” means the display of the name

1335
or widely recognized initials of the employing agency of a

1336
covered immigration officer and the officer’s last name or badge

1337
or identification number in a size and format that complies with

1338
the requirements in subsection (4).

1339
(3)

A covered immigration officer who directly engages in a

1340
public immigration enforcement function within this state must

1341
wear visible identification at all times during such engagement.

1342
(4)

The visible identification must meet all of the

1343
following requirements:

1344
(a)

For the employing agency of the covered immigration

1345
officer, be displayed in a size and format that is clearly

1346
legible from a distance of not less than 25 feet, using

1347
materials or markings suitable for visibility in both daylight

1348
and low-light conditions under normal operational conditions.

1349
(b)

For the covered immigration officer’s last name or

1350
badge or identification number, be displayed in a manner that is

1351
clearly visible and readable during direct engagement with the

1352
public.

1353
(c)

Be displayed on the covered immigration officer’s

1354
outermost garment or gear and may not be obscured by tactical

1355
equipment, body armor, or accessories.

1356
(5) A covered immigration officer may not wear nonmedical

1357
face coverings, including masks or balaclavas, which impair the

1358
visibility of the identifying information required under this

1359
section or obscure the officer’s face unless such face covering

1360
is necessary to protect the integrity of a covert, nonpublic

1361
operation or to guard against hazardous environmental

1362
conditions.

1363
(6)

The State Board of Immigration Enforcement shall do all

1364
of the following:

1365
(a)

Receive and investigate complaints from the public

1366
concerning violations of this section.

1367
(b)

Ensure that a covered immigration officer who fails to

1368
comply with the requirements of this section receives

1369
appropriate disciplinary action, including a written reprimand,

1370
suspension, or other personnel action, consistent with the

1371
policies of the officer’s employing agency and any applicable

1372
collective bargaining agreement.

1373
(c)

Make recommendations to the Legislature concerning

1374
compliance with this section and corrective actions that should

1375
be taken.

1376
(d)

Carry out its responsibilities under this section in

1377
accordance with its statutory authority.

1378
(7)

By June 30, 2027, and annually thereafter, the State

1379
Immigration Enforcement Council shall submit to the President of

1380
the Senate and the Speaker of the House of Representatives a

1381
report that includes all of the following information:

1382
(a)

The total number of public immigration enforcement

1383
functions conducted during the reporting period.

1384
(b)

The number of documented instances of noncompliance

1385
with this section.

1386
(c)

A summary of disciplinary or remedial actions taken

1387
against any covered immigration officer who did not comply with

1388
this section.

1389 Section 36.
Section 921.1426, Florida Statutes, is

1390
repealed.

1391 Section 37. Section 943.1718, Florida Statutes, is amended
1392 to read:
1393 943.1718 Body cameras
and face coverings
; policies and
1394 procedures
; penalties
.—
1395 (1)
DEFINITIONS.—
As used in this section, the term:
1396 (a) “Body camera” means a portable electronic recording
1397 device that is worn on a law enforcement officer’s person that
1398 records audio and video data of the officer’s law-enforcement
1399 related encounters and activities.
1400
(b)1.

“Face covering” means any opaque mask, garment,

1401
helmet, or other item, including, but not limited to, a

1402
balaclava, tactical mask, gator, ski mask, or any other similar

1403
type of facial covering or face-shielding item, which conceals

1404
or obscures the face of a person.

1405
2.

The term does not include any of the following:

1406
a.

A translucent face shield or clear mask that does not

1407
conceal the wearer’s face.

1408
b.

A medical mask or surgical mask used to protect against

1409
the transmission of disease or infection.

1410
c.

Any other mask or device, including, but not limited to,

1411
air-purifying respirators, full or half masks, or self-contained

1412
breathing apparatuses necessary to protect against exposure to a

1413
toxin, gas, smoke, or any other hazardous environmental

1414
condition.

1415
(c)
(b)
“Law enforcement agency” means an agency that has a
1416 primary mission of preventing and detecting crime and enforcing
1417 the penal, criminal, traffic, and motor vehicle laws of the
1418 state and in furtherance of that primary mission employs law
1419 enforcement officers as defined in s. 943.10.
1420
(d)
(c)
“Law enforcement officer” has the same meaning as
1421 provided in s. 943.10.
1422
(e)

“Undercover investigation” means a planned act

1423
authorized by a law enforcement agency or a court order which

1424
uses an undercover operative to intentionally interact with a

1425
suspect or others or to obtain evidence of criminal activity.

1426
(f)

“Undercover operative” means a law enforcement officer

1427
or a full-time sworn officer in this state or another state or

1428
the Federal Government using an assumed name or cover identity

1429
to interact with persons or entities to collect evidence of

1430
criminal activity.

1431 (2)
BODY CAMERAS.—

1432
(a)
A law enforcement agency that permits its law
1433 enforcement officers to wear body cameras shall establish
1434 policies and procedures addressing the proper use, maintenance,
1435 and storage of body cameras and the data recorded by body
1436 cameras. The policies and procedures must include:
1437
1.
(a)
General guidelines for the proper use, maintenance,
1438 and storage of body cameras.
1439
2.
(b)
Any limitations on which law enforcement officers are
1440 permitted to wear body cameras.
1441
3.
(c)
Any limitations on law-enforcement-related encounters
1442 and activities in which law enforcement officers are permitted
1443 to wear body cameras.
1444
4.
(d)
A provision permitting a law enforcement officer
1445 using a body camera to review the recorded footage from the body
1446 camera, upon his or her own initiative or request, before
1447 writing a report or providing a statement regarding any event
1448 arising within the scope of his or her official duties. Any such
1449 provision may not apply to an officer’s inherent duty to
1450 immediately disclose information necessary to secure an active
1451 crime scene or to identify suspects or witnesses.
1452
5.
(e)
General guidelines for the proper storage, retention,
1453 and release of audio and video data recorded by body cameras.
1454
(b)
(3)
A law enforcement agency that permits its law
1455 enforcement officers to wear body cameras shall:
1456
1.
(a)
Ensure that all personnel who wear, use, maintain, or
1457 store body cameras are trained in the law enforcement agency’s
1458 policies and procedures concerning them.
1459
2.
(b)
Ensure that all personnel who use, maintain, store,
1460 or release audio or video data recorded by body cameras are
1461 trained in the law enforcement agency’s policies and procedures.
1462
3.
(c)
Retain audio and video data recorded by body cameras
1463 in accordance with the requirements of s. 119.021, except as
1464 otherwise provided by law.
1465
4.
(d)
Perform a periodic review of actual agency body
1466 camera practices to ensure conformity with the agency’s policies
1467 and procedures.
1468
(c)
(4)
Chapter 934 does not apply to body camera recordings
1469 made by law enforcement agencies that elect to use body cameras.
1470
(3)

FACE COVERINGS.—

1471
(a)

A law enforcement officer may not wear a face covering

1472
in the performance of his or her official duties.

1473
(b)

Before undertaking an undercover investigation that is

1474
reasonably likely to involve a law enforcement officer wearing a

1475
face covering in the performance of his or her official duties,

1476
a law enforcement agency must provide advance notice to the

1477
sheriff with jurisdiction over the location in which the

1478
undercover investigation takes place. Such notice must be given

1479
at least 12 hours before the undercover investigation begins and

1480
must include when and where the law enforcement officer will be

1481
operating, his or her planned actions, and the approximate time

1482
and duration of the undercover investigation.

1483
(c)

Paragraph (a) does not apply to:

1484
1.

A law enforcement officer performing his or her duties

1485
as an undercover operative during an active undercover

1486
investigation;

1487
2.

Protective gear used by a Special Weapons and Tactics

1488
(SWAT) team officer which is necessary to protect his or her

1489
face from harm while performing SWAT team duties and

1490
responsibilities; or

1491
3.

Exigent circumstances that involve an immediate danger

1492
or threat to persons or property or the escape of a perpetrator.

1493
(d)

A first violation of this subsection is an infraction.

1494
A second or subsequent violation of this subsection is a

1495
misdemeanor of the second degree, punishable as provided in s.

1496
775.082 or s. 775.083.

1497
(e)

On or before October 1, 2026, the Department of Law

1498
Enforcement shall adopt rules regulating the use of face

1499
coverings to comply with this subsection.

1500 Section 38. Present paragraphs (b) and (c) of subsection
1501 (3) of section 943.325, Florida Statutes, are redesignated as
1502 paragraphs (c) and (d), respectively, and paragraph (a) of
1503 subsection (3) and paragraphs (b) and (f) of subsection (7) of
1504 that section are amended, to read:
1505 943.325 DNA database.—
1506 (3) COLLECTION OF SAMPLES.—
1507 (a) Each qualifying offender
must

shall
submit a DNA sample
1508 at the time he or she is booked into a jail, correctional
1509 facility, or juvenile facility.
1510
(b)
A person who becomes a qualifying offender solely
1511 because of the issuance of an immigration detainer by a federal
1512 immigration agency
may

must
submit a DNA sample when the law
1513 enforcement agency having custody of the offender receives the
1514 detainer.
A law enforcement agency may not forcibly extract a

1515
DNA sample from such person, and the person may not be charged

1516
with a criminal offense solely for refusing to submit a DNA

1517
sample.

1518 (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
1519 (b) Arrested qualifying offenders must submit a DNA sample
1520 at the time they are booked into a jail, correctional facility,
1521 or juvenile facility
, except as provided in paragraph (3)(b)
.
1522
(f)

A law enforcement agency having custody of a person who

1523
becomes a qualifying offender solely because of the issuance of

1524
an immigration detainer by a federal immigration agency shall

1525
ensure that a DNA sample is taken from the offender immediately

1526
after the agency receives the detainer and shall secure and

1527
transmit the sample to the department in a timely manner.

1528 Section 39. Present subsection (9) of section 1000.05,
1529 Florida Statutes, is renumbered as subsection (10), and a new
1530 subsection (9) is added to that section, to read:
1531 1000.05 Discrimination against students and employees in
1532 the Florida K-20 public education system prohibited; equality of
1533 access required.—
1534
(9)(a)

As used in this subsection, the term:

1535
1.

“Citizenship or immigration status” means any matter

1536
regarding citizenship of the United States or any other country

1537
or the authority or lack thereof to reside in or otherwise to be

1538
present in the United States, including a person’s nationality

1539
and country of citizenship.

1540
2.

“Law enforcement agent” means an agent of federal,

1541
state, or local law enforcement who has the power to arrest or

1542
detain a person or manage the custody of a detained person for a

1543
law enforcement purpose, including civil immigration

1544
enforcement. The term does not include a safe-school officer

1545
under s. 1006.12.

1546
3.

“Nonjudicial warrant” means a warrant issued by a

1547
federal, state, or local agency with the power to arrest or

1548
detain a person for any law enforcement purpose, including civil

1549
immigration enforcement. The term includes an immigration

1550
detainer as defined in s. 908.102. The term does not include a

1551
criminal warrant issued upon a judicial determination of

1552
probable cause in compliance with the requirements of the Fourth

1553
Amendment to the United States Constitution or s. 12, Art. I of

1554
the State Constitution.

1555
4.

“Prevailing party” means a party:

1556
a.

Who obtains some of his or her requested relief through

1557
a judicial judgment in his or her favor;

1558
b.

Who obtains some of his or her requested relief through

1559
a settlement agreement approved by the court; or

1560
c.

Whose pursuit of a nonfrivolous claim was a catalyst for

1561
a unilateral change in position by the opposing party relative

1562
to the relief sought.

1563
5.

“School” means a public school, school district, and

1564
governing body, including a charter school, and agents thereof,

1565
including a contracted party.

1566
(b)

A child in this state may not be denied a free public

1567
education through secondary school based on the perceived or

1568
actual immigration status of the child or perceived or actual

1569
citizenship or immigration status of the child’s parent or

1570
guardian.

1571
(c)

A school may not:

1572
1.

Exclude a child from participation in or deny a child

1573
the benefits of a program or an activity on the grounds of the

1574
perceived or actual immigration status of the child or the

1575
perceived or actual citizenship or immigration status of the

1576
child’s parent or guardian.

1577
2.

Use policies or procedures or engage in practices that

1578
have the effect of excluding a child from participation in or

1579
denying the benefits of a program or an activity or the effect

1580
of excluding participation of the child’s parent or guardian

1581
from parental engagement activities or programs because of the

1582
perceived or actual immigration status of the child or the

1583
perceived or actual citizenship or immigration status of the

1584
child’s parent or guardian. These policies, procedures, and

1585
practices include both of the following:

1586
a.

Requesting or collecting information or documentation

1587
from a student or a student’s parent or guardian about

1588
citizenship or immigration status unless required by state or

1589
federal law.

1590
b.

Designating immigration status, citizenship, place of

1591
birth, nationality, or national origin as directory information

1592
as defined in 20 U.S.C. s. 1232g(a)(5).

1593
3.

Threaten to disclose anything relating to the actual or

1594
perceived citizenship or immigration status of a child or the

1595
child’s parent or guardian to any other person, entity,

1596
immigration agency, or law enforcement agency.

1597
4.

Disclose anything relating to the perceived citizenship

1598
or immigration status of a child or the child’s parent or

1599
guardian to any other person, entity, immigration agency, or law

1600
enforcement agency if the school does not have direct knowledge

1601
of the actual citizenship or immigration status of the child,

1602
parent, or guardian, subject to the requirements of this

1603
paragraph.

1604
5.

Disclose anything relating to the actual citizenship or

1605
immigration status of a child or the child’s parent or guardian

1606
to any other person or nongovernmental entity if the school has

1607
direct knowledge of the actual citizenship or immigration status

1608
of the child, parent, or guardian, subject to the requirements

1609
of this paragraph.

1610
1611
This paragraph does not authorize the disclosure of student

1612
records or information without complying with state and federal

1613
requirements governing the disclosure of such records or

1614
information. This paragraph does not prohibit or restrict an

1615
entity from sending to or receiving from the United States

1616
Department of Homeland Security or any other federal, state, or

1617
local governmental entity information regarding the citizenship

1618
or immigration status of a person under 8 U.S.C. ss. 1373 and

1619
1644.

1620
(d)

By October 1, 2026, a school must develop procedures

1621
for reviewing and authorizing requests from a law enforcement

1622
agent attempting to enter a school or school facility. The

1623
procedures must comply with the requirements of this subsection

1624
and, at a minimum, include all of the following:

1625
1.

Procedures for reviewing and contacting a designated

1626
authorized person at the school, school facility, district

1627
superintendent’s office, or school administrative office who may

1628
contact the school’s legal counsel.

1629
2.

Procedures for the person authorized in subparagraph 1.

1630
or the school’s legal counsel to review all of the following:

1631
a.

Requests to enter a school or a school facility.

1632
b.

Judicial warrants.

1633
c.

Nonjudicial warrants.

1634
d.

Subpoenas.

1635
3.

Procedures for monitoring, accompanying, and documenting

1636
all interactions with a law enforcement agent while on school

1637
premises.

1638
4.

Procedures for notifying and seeking consent from a

1639
student’s parent or guardian, or from the student if the student

1640
is 18 years of age or older or emancipated, if a law enforcement

1641
agent requests access to a student for immigration enforcement

1642
purposes, unless a judicial warrant or subpoena restricts the

1643
disclosure of the information to the student’s parent or

1644
guardian.

1645
(e)1.

Beginning October 1, 2026, a party aggrieved by

1646
conduct that violates this subsection may file a civil action in

1647
a court of competent jurisdiction. The aggrieved party must file

1648
such action within 2 years after the violation occurred. If the

1649
court finds that a willful violation of paragraph (c) has

1650
occurred, the court may award actual damages. The court may

1651
grant any permanent or preliminary negative or mandatory

1652
injunction, temporary restraining order, or other order.

1653
2.

Upon a motion, the court must award reasonable attorney

1654
fees and costs to a plaintiff who is a prevailing party in any

1655
action brought under this paragraph.

1656
3.

This paragraph may not be construed to require a

1657
plaintiff to exhaust all administrative remedies before filing a

1658
civil action.

1659
(f)

By October 1, 2026, a school must adopt policies for

1660
complying with this subsection.

1661 Section 40. Paragraph (c) of subsection (2) of section
1662 1002.31, Florida Statutes, is amended to read:
1663 1002.31 Controlled open enrollment; public school parental
1664 choice.—
1665 (2)
1666 (c) Each district school board must provide preferential
1667 treatment in its controlled open enrollment process to all of
1668 the following:
1669 1. Dependent children of active duty military personnel
1670 whose move resulted from military orders.
1671 2. Children who have been relocated due to a foster care
1672 placement in a different school zone.
1673 3. Children who move due to a court-ordered change in
1674 custody due to separation or divorce, or the serious illness or
1675 death of a custodial parent.
1676 4. Students residing in the school district.
1677
5.

Children who are experiencing homelessness and children

1678
known to the department, as defined in s. 39.0016(1), regardless

1679
of their immigration status.

1680 Section 41. Paragraph (f) of subsection (1) of section
1681 1003.21, Florida Statutes, is amended to read:
1682 1003.21 School attendance.—
1683 (1)
1684 (f) Children and youths who are experiencing homelessness
1685 and children who are known to the department, as defined in
s.

1686
39.0016(1), regardless of their immigration status

s. 39.0016
,
1687 must have access to a free public education and
in accordance

1688
with s. 1002.31
must be admitted to
the
school
of their parent’s

1689
or guardian’s choice, contingent on the school’s capacity,
in
1690 the school district in which they or their families
or guardians

1691 live. School districts shall assist such children in meeting the
1692 requirements of subsection (4) and s. 1003.22, as well as local
1693 requirements for documentation.
1694 Section 42. Paragraphs (a), (b), and (c) of subsection (12)
1695 of section 1009.26, Florida Statutes, are amended to read:
1696 1009.26 Fee waivers.—
1697 (12)(a) A state university, a Florida College System
1698 institution, a career center operated by a school district under
1699 s. 1001.44, or a charter technical career center shall waive
1700 out-of-state fees for
undergraduate and graduate
students who
1701 are citizens of the United States or lawfully present in the
1702 United States who meet the following conditions:
1703 1. Attended a secondary school in this state for
2

3

1704
consecutive
years
immediately
before graduating from a high
1705 school in this state
or received a high school equivalency

1706
diploma under s. 1003.435
;
1707 2. Apply for enrollment in an institution of higher
1708 education within 24 months after high school
or postsecondary

1709 graduation; and
1710 3. Submit an official Florida high school
or postsecondary

1711
school
transcript as evidence of attendance and graduation.
In

1712
lieu of an official high school transcript, a student may submit

1713
a high school equivalency diploma under s. 1003.435.

1714 (b) Tuition and fees charged to a student who qualifies for
1715 the out-of-state fee waiver under this subsection may not exceed
1716 the tuition and fees charged to a resident student. The waiver
1717 is applicable for 110 percent of the required credit hours of
1718 the
undergraduate or graduate
degree or certificate program for
1719 which the student is enrolled. Each state university, Florida
1720 College System institution, career center operated by a school
1721 district under s. 1001.44, and charter technical career center
1722 shall report to the Board of Governors and the State Board of
1723 Education, respectively, the number and value of all fee waivers
1724 granted annually under this subsection. By October 1 of each
1725 year, the Board of Governors for the state universities and the
1726 State Board of Education for Florida College System
1727 institutions, career centers operated by a school district under
1728 s. 1001.44, and charter technical career centers shall annually
1729 report for the previous academic year the percentage of resident
1730 and nonresident students enrolled systemwide.
1731 (c) A state university student granted an out-of-state fee
1732 waiver under this subsection must be considered a nonresident
1733 student for purposes of calculating the systemwide total
1734 enrollment of nonresident students as limited by regulation of
1735 the Board of Governors.
In addition,
A student who is granted an
1736 out-of-state fee waiver under this subsection is
not
eligible
1737 for state financial aid under part III of this chapter and
may

1738
must
not be reported as a resident for tuition purposes.
1739 Section 43. Paragraph (a) of subsection (1) of section
1740 1009.40, Florida Statutes, is amended to read:
1741 1009.40 General requirements for student eligibility for
1742 state financial aid awards and tuition assistance grants.—
1743 (1)(a) The general requirements for eligibility of students
1744 for state financial aid awards and tuition assistance grants
1745 consist of the following:
1746 1. Achievement of the academic requirements of and
1747 acceptance at a state university or Florida College System
1748 institution; a nursing diploma school approved by the Florida
1749 Board of Nursing; a Florida college or university which is
1750 accredited by an accrediting agency recognized by the State
1751 Board of Education; a Florida institution the credits of which
1752 are acceptable for transfer to state universities; a career
1753 center; or a private career institution accredited by an
1754 accrediting agency recognized by the State Board of Education.
1755 2. Residency in this state for no less than 1 year
1756 preceding the award of aid or a tuition assistance grant for a
1757 program established pursuant to s. 1009.50, s. 1009.505, s.
1758 1009.51, s. 1009.52, s. 1009.521, s. 1009.53, s. 1009.60, s.
1759 1009.62, s. 1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s.
1760 1009.89, or s. 1009.894. Residency in this state must be for
1761 purposes other than to obtain an education. Resident status for
1762 purposes of receiving state financial aid awards shall be
1763 determined in the same manner as resident status for tuition
1764 purposes pursuant to s. 1009.21.
However, a student may not be

1765
denied classification as a resident for purposes of receiving

1766
state financial aid based solely on the student’s immigration

1767
status if he or she has met the conditions for an out-of-state

1768
fee waiver under s. 1009.26(12)(a).

1769 3. Submission of certification attesting to the accuracy,
1770 completeness, and correctness of information provided to
1771 demonstrate a student’s eligibility to receive state financial
1772 aid awards or tuition assistance grants. Falsification of such
1773 information shall result in the denial of a pending application
1774 and revocation of an award or grant currently held to the extent
1775 that no further payments shall be made. Additionally, students
1776 who knowingly make false statements in order to receive state
1777 financial aid awards or tuition assistance grants commit a
1778 misdemeanor of the second degree subject to the provisions of s.
1779 837.06 and shall be required to return all state financial aid
1780 awards or tuition assistance grants wrongfully obtained.
1781 Section 44. Paragraph (w) of subsection (2) of section
1782 435.04, Florida Statutes, is amended to read:
1783 435.04 Level 2 screening standards.—
1784 (2) The security background investigations under this
1785 section must ensure that persons subject to this section have
1786 not been arrested for and are awaiting final disposition of;
1787 have not been found guilty of, regardless of adjudication, or
1788 entered a plea of nolo contendere or guilty to; or have not been
1789 adjudicated delinquent and the record has not been sealed or
1790 expunged for, any offense prohibited under any of the following
1791 provisions of state law or similar law of another jurisdiction:
1792
(w)

Section 787.07, relating to human smuggling.

1793 Section 45. Paragraph (e) of subsection (4) and paragraph
1794 (i) of subsection (5) of section 456.074, Florida Statutes, are
1795 amended to read:
1796 456.074 Certain health care practitioners; immediate
1797 suspension of license.—
1798 (4) The department shall issue an emergency order
1799 suspending the license of a massage therapist and establishment
1800 as those terms are defined in chapter 480 upon receipt of
1801 information that the massage therapist; the designated
1802 establishment manager as defined in chapter 480; an employee of
1803 the establishment; a person with an ownership interest in the
1804 establishment; or, for a corporation that has more than $250,000
1805 of business assets in this state, the owner, officer, or
1806 individual directly involved in the management of the
1807 establishment has been arrested for committing or attempting,
1808 soliciting, or conspiring to commit, or convicted or found
1809 guilty of, or has entered a plea of guilty or nolo contendere
1810 to, regardless of adjudication, a violation of s. 796.07 or a
1811 felony offense under any of the following provisions of state
1812 law or a similar provision in another jurisdiction:
1813
(e)

Section 787.07, relating to human smuggling.

1814 (5) The department shall issue an emergency order
1815 suspending the license of any health care practitioner who is
1816 arrested for committing or attempting, soliciting, or conspiring
1817 to commit any act that would constitute a violation of any of
1818 the following criminal offenses in this state or similar
1819 offenses in another jurisdiction:
1820
(i)

Section 787.07, relating to human smuggling.

1821 Section 46. Paragraph (e) of subsection (6) of section
1822 480.041, Florida Statutes, is amended to read:
1823 480.041 Massage therapists; qualifications; licensure;
1824 endorsement.—
1825 (6) The board shall deny an application for a new or
1826 renewal license if an applicant has been convicted or found
1827 guilty of, or enters a plea of guilty or nolo contendere to,
1828 regardless of adjudication, a violation of s. 796.07(2)(a) which
1829 is reclassified under s. 796.07(7) or a felony offense under any
1830 of the following provisions of state law or a similar provision
1831 in another jurisdiction:
1832
(e)

Section 787.07, relating to human smuggling.

1833 Section 47. Paragraph (e) of subsection (8) of section
1834 480.043, Florida Statutes, is amended to read:
1835 480.043 Massage establishments; requisites; licensure;
1836 inspection; human trafficking awareness training and policies.—
1837 (8) The department shall deny an application for a new or
1838 renewal license if an establishment owner or a designated
1839 establishment manager or, for a corporation that has more than
1840 $250,000 of business assets in this state, an establishment
1841 owner, a designated establishment manager, or any individual
1842 directly involved in the management of the establishment has
1843 been convicted of or entered a plea of guilty or nolo contendere
1844 to any misdemeanor or felony crime, regardless of adjudication,
1845 related to prostitution or related acts as described in s.
1846 796.07 or a felony offense under any of the following provisions
1847 of state law or a similar provision in another jurisdiction:
1848
(e)

Section 787.07, relating to human smuggling.

1849 Section 48. Subsection (5) of section 501.9741, Florida
1850 Statutes, is amended to read:
1851 501.9741 Assisting in veterans’ benefits matters.—
1852 (5) BACKGROUND SCREENING.—A provider must ensure that all
1853 individuals who directly assist a veteran in a veterans’
1854 benefits matter complete a level 2 background screening that
1855 screens for any offenses identified in s. 408.809(4) or
s.

1856
435.04(2)(d), (e), or (nn) or (4)

s. 435.04(2)(d), (e), or (oo)

1857
or (4)
before entering into any agreement with a veteran for
1858 veterans’ benefits matters. An individual must submit a full set
1859 of fingerprints to the Department of Law Enforcement or to a
1860 vendor, entity, or agency authorized by s. 943.053(13), which
1861 shall forward the fingerprints to the Department of Law
1862 Enforcement for state processing. The Department of Veterans’
1863 Affairs shall transmit the background screening results to the
1864 provider, which results must indicate whether an individual’s
1865 background screening contains any of the offenses listed in this
1866 subsection. Fees for state and federal fingerprint processing
1867 must be borne by the provider or individual. The state cost for
1868 fingerprint processing is as provided in s. 943.053(3)(e). This
1869 subsection does not imply endorsement, certification, or
1870 regulation of providers by the Department of Veterans’ Affairs.
1871 Section 49. Subsection (2) of section 775.30, Florida
1872 Statutes, is amended to read:
1873 775.30 Terrorism; defined; penalties.—
1874 (2) A person who violates s. 782.04(1)(a)1. or (2), s.
1875 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
1876 787.01, s. 787.02,
s. 787.07,
s. 790.115, s. 790.15, s. 790.16,
1877 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
1878 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
1879 859.01, or s. 876.34, in furtherance of intimidating or coercing
1880 the policy of a government, or in furtherance of affecting the
1881 conduct of a government by mass destruction, assassination, or
1882 kidnapping, commits the crime of terrorism, a felony of the
1883 first degree, punishable as provided in s. 775.082, s. 775.083,
1884 or s. 775.084.
1885 Section 50. Subsection (1) of section 794.056, Florida
1886 Statutes, is amended to read:
1887 794.056 Rape Crisis Program Trust Fund.—
1888 (1) The Rape Crisis Program Trust Fund is created within
1889 the Department of Health for the purpose of providing funds for
1890 rape crisis centers in this state. Trust fund moneys shall be
1891 used exclusively for the purpose of providing services for
1892 victims of sexual assault. Funds credited to the trust fund
1893 consist of those funds collected as an additional court
1894 assessment in each case in which a defendant pleads guilty or
1895 nolo contendere to, or is found guilty of, regardless of
1896 adjudication, an offense provided in s. 775.21(6) and (10)(a),
1897 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
1898 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
1899 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
1900 787.025; s. 787.06;
s. 787.07;
s. 794.011; s. 794.05; s. 794.08;
1901 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
1902 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
1903 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
1904 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
1905 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
1906 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
1907 fund also shall include revenues provided by law, moneys
1908 appropriated by the Legislature, and grants from public or
1909 private entities.
1910 Section 51. Paragraph (d) of subsection (3) of section
1911 921.0022, Florida Statutes, is amended to read:
1912 921.0022 Criminal Punishment Code; offense severity ranking
1913 chart.—
1914 (3) OFFENSE SEVERITY RANKING CHART
1915 (d) LEVEL 4
1916
1917
1918 FloridaStatute FelonyDegree Description
1919 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
1920 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
1921 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
1922 517.07(1) 3rd Failure to register securities.
1923 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
1924 784.031 3rd Battery by strangulation.
1925 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
1926 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1927 784.075 3rd Battery on detention or commitment facility staff.
1928 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1929 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1930 784.081(3) 3rd Battery on specified official or employee.
1931 784.082(3) 3rd Battery by detained person on visitor or other detainee.
1932 784.083(3) 3rd Battery on code inspector.
1933 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1934 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1935 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1936 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1937
787.07

3rd

Human smuggling.

1938 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1939 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1940 790.115(2)(c) 3rd Possessing firearm on school property.
1941 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
1942 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1943 806.135 2nd Destroying or demolishing a memorial or historic property.
1944 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1945 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1946 810.06 3rd Burglary; possession of tools.
1947 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1948 810.145(3)(b) 3rd Digital voyeurism dissemination.
1949 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1950 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
1951 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
1952 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions.
1953 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1954 817.505(4)(a) 3rd Patient brokering.
1955 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1956 817.568(2)(a) 3rd Fraudulent use of personal identification information.
1957 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
1958 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
1959 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
1960 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1961 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
1962 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
1963 837.02(1) 3rd Perjury in official proceedings.
1964 837.021(1) 3rd Make contradictory statements in official proceedings.
1965 838.022 3rd Official misconduct.
1966 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1967 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
1968 843.021 3rd Possession of a concealed handcuff key by a person in custody.
1969 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1970 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
1971 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
1972 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
1973 870.01(3) 2nd Aggravated rioting.
1974 870.01(5) 2nd Aggravated inciting a riot.
1975 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
1976 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
1977 914.14(2) 3rd Witnesses accepting bribes.
1978 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1979 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1980 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
1981 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1982 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
1983 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
1984 Section 52. Section 938.085, Florida Statutes, is amended
1985 to read:
1986 938.085 Additional cost to fund rape crisis centers.—In
1987 addition to any sanction imposed when a person pleads guilty or
1988 nolo contendere to, or is found guilty of, regardless of
1989 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
1990 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
1991 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
1992 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
1993 787.06;
s. 787.07;
s. 794.011; s. 794.05; s. 794.08; former s.
1994 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
1995 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
1996 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
1997 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
1998 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
1999 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
2000 $151. Payment of the surcharge shall be a condition of
2001 probation, community control, or any other court-ordered
2002 supervision. The sum of $150 of the surcharge shall be deposited
2003 into the Rape Crisis Program Trust Fund established within the
2004 Department of Health by chapter 2003-140, Laws of Florida. The
2005 clerk of the court shall retain $1 of each surcharge that the
2006 clerk of the court collects as a service charge of the clerk’s
2007 office.
2008 Section 53. This act shall take effect July 1, 2026.