Bill Text: FL S0168 | 2019 | Regular Session | Introduced


Bill Title: Federal Immigration Enforcement

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-01-10 - Referred to Judiciary; Infrastructure and Security; Rules [S0168 Detail]

Download: Florida-2019-S0168-Introduced.html
       Florida Senate - 2019                                     SB 168
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00406A-19                                           2019168__
    1                        A bill to be entitled                      
    2         An act relating to federal immigration enforcement;
    3         providing a short title; creating chapter 908, F.S.,
    4         relating to federal immigration enforcement; providing
    5         legislative findings and intent; providing
    6         definitions; prohibiting sanctuary policies; requiring
    7         state entities, local governmental entities, and law
    8         enforcement agencies to comply with and support the
    9         enforcement of federal immigration law; prohibiting
   10         restrictions by such entities and agencies on taking
   11         certain actions with respect to information regarding
   12         a person’s immigration status; providing requirements
   13         concerning certain criminal defendants subject to
   14         immigration detainers or otherwise subject to transfer
   15         to federal custody; authorizing a law enforcement
   16         agency to transport an alien unlawfully present in the
   17         United States under certain circumstances; providing
   18         an exception to reporting requirements for crime
   19         victims or witnesses; requiring recordkeeping relating
   20         to crime victim and witness cooperation in certain
   21         investigations; specifying duties concerning certain
   22         arrested persons; specifying duties concerning
   23         immigration detainers; authorizing a board of county
   24         commissioners to adopt an ordinance to recover costs
   25         for complying with an immigration detainer;
   26         authorizing local governmental entities and law
   27         enforcement agencies to petition the Federal
   28         Government for reimbursement of certain costs;
   29         requiring reports of violations; providing penalties
   30         for failure to report violations; providing whistle
   31         blower protections for persons who report violations;
   32         requiring the Attorney General to prescribe and
   33         provide the format for submitting complaints;
   34         providing requirements for entities to comply with
   35         document requests from state attorneys concerning
   36         violations; providing for investigation of possible
   37         violations; providing for injunctive relief and civil
   38         penalties; providing for venue; requiring written
   39         findings; prohibiting the expenditure of public funds
   40         for specified purposes; providing a civil cause of
   41         action for personal injury or wrongful death
   42         attributed to a sanctuary policy; providing that a
   43         trial by jury is a matter of right; requiring written
   44         findings; providing for ineligibility to receive
   45         certain funding for a specified period of time;
   46         providing for applicability to certain education
   47         records; prohibiting discrimination on specified
   48         grounds; providing for implementation; requiring
   49         repeal of existing sanctuary policies within a
   50         specified period; providing effective dates.
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Short title.—This act may be cited as the “Rule
   55  of Law Adherence Act.”
   56         Section 2. Chapter 908, Florida Statutes, consisting of
   57  sections 908.101-908.402, is created to read:
   58                             CHAPTER 908                           
   59                   FEDERAL IMMIGRATION ENFORCEMENT                 
   60                               PART I                              
   61                 FINDINGS AND INTENT AND DEFINITIONS               
   62         908.101Legislative findings and intent.—The Legislature
   63  finds that it is an important state interest that state and
   64  local governmental entities and their officials have an
   65  affirmative duty to all citizens and other persons lawfully
   66  present in the United States to assist the Federal Government in
   67  the enforcement of federal immigration laws within this state,
   68  including their compliance with federal immigration detainers.
   69  The Legislature further finds that it is an important state
   70  interest that, in the interest of public safety and adherence to
   71  federal law, this state support federal immigration enforcement
   72  efforts and ensure that such efforts are not impeded or thwarted
   73  by state or local laws, policies, practices, procedures, or
   74  customs. State and local governmental entities and their
   75  officials who encourage persons unlawfully present in the United
   76  States to locate within this state or who shield such persons
   77  from personal responsibility for their unlawful actions breach
   78  this duty and should be held accountable.
   79         908.102Definitions.—As used in this chapter, the term:
   80         (1)“Federal immigration agency” means the United States
   81  Department of Justice and the United States Department of
   82  Homeland Security, a division within such an agency, including
   83  United States Immigration and Customs Enforcement and United
   84  States Customs and Border Protection, any successor agency, and
   85  any other federal agency charged with the enforcement of
   86  immigration law. The term includes an official or employee of
   87  such an agency.
   88         (2)“Immigration detainer” means a facially sufficient
   89  written or electronic request issued by a federal immigration
   90  agency using that agency’s official form to request that another
   91  law enforcement agency detain a person based on probable cause
   92  to believe that the person to be detained is a removable alien
   93  under federal immigration law, including detainers issued
   94  pursuant to 8 U.S.C. ss. 1226 and 1357. For purposes of this
   95  subsection, an immigration detainer is deemed facially
   96  sufficient if:
   97         (a)The federal immigration agency’s official form is
   98  complete and indicates on its face that the federal immigration
   99  official has probable cause to believe that the person to be
  100  detained is a removable alien under federal immigration law; or
  101         (b)The federal immigration agency’s official form is
  102  incomplete and fails to indicate on its face that the federal
  103  immigration official has probable cause to believe that the
  104  person to be detained is a removable alien under federal
  105  immigration law, but is supported by an affidavit, order, or
  106  other official documentation that indicates that the federal
  107  immigration agency has probable cause to believe that the person
  108  to be detained is a removable alien under federal immigration
  109  law.
  110         (3)“Inmate” means a person in the custody of a law
  111  enforcement agency.
  112         (4)“Law enforcement agency” means an agency in this state
  113  charged with enforcement of state, county, municipal, or federal
  114  laws or with managing custody of detained persons in the state
  115  and includes municipal police departments, sheriff’s offices,
  116  state police departments, state university and college police
  117  departments, and the Department of Corrections. The term
  118  includes an official or employee of such an agency.
  119         (5)“Local governmental entity” means any county,
  120  municipality, or other political subdivision of this state. The
  121  term includes a person holding public office or having official
  122  duties as a representative, agent, or employee of such entity.
  123         (6)“Sanctuary policy” means a law, policy, practice,
  124  procedure, or custom adopted or permitted by a state entity,
  125  local governmental entity, or law enforcement agency which
  126  contravenes 8 U.S.C. s. 1373(a) or (b) or which knowingly
  127  prohibits or impedes a law enforcement agency from communicating
  128  or cooperating with a federal immigration agency with respect to
  129  federal immigration enforcement, including, but not limited to,
  130  limiting a state entity, local governmental entity, or law
  131  enforcement agency in, or prohibiting such an entity or agency
  132  from:
  133         (a)Complying with an immigration detainer;
  134         (b)Complying with a request from a federal immigration
  135  agency to notify the agency before the release of an inmate or
  136  detainee in the custody of the state entity, local governmental
  137  entity, or law enforcement agency;
  138         (c)Providing a federal immigration agency access to an
  139  inmate for interview;
  140         (d)Initiating an immigration status investigation; or
  141         (e)Providing a federal immigration agency with an inmate’s
  142  incarceration status or release date.
  143         (7)“Sanctuary policymaker” means a state or local elected
  144  official, or an appointed official of the governing body of a
  145  local governmental entity, who has voted for, allowed to be
  146  implemented, or voted against repeal or prohibition of a
  147  sanctuary policy.
  148         (8)“State entity” means the state or any office, board,
  149  bureau, commission, department, branch, division, or institution
  150  thereof, including institutions within the State University
  151  System and the Florida College System. The term includes a
  152  person holding public office or having official duties as a
  153  representative, agent, or employee of such entity.
  154                               PART II                             
  155                               DUTIES                              
  156         908.201Sanctuary policies prohibited.—A state entity, law
  157  enforcement agency, or local governmental entity may not adopt
  158  or have in effect a sanctuary policy.
  159         908.202Cooperation with federal immigration authorities.—
  160         (1)A state entity, local governmental entity, or law
  161  enforcement agency shall fully comply with and, to the full
  162  extent permitted by law, support the enforcement of federal
  163  immigration law. This subsection applies to an official,
  164  representative, agent, or employee of such entity or agency only
  165  when he or she is acting within the scope of his or her official
  166  duties or within the scope of his or her employment.
  167         (2)Except as otherwise expressly prohibited by federal
  168  law, a state entity, local governmental entity, or law
  169  enforcement agency may not prohibit or in any way restrict
  170  another state entity, local governmental entity, or law
  171  enforcement agency from taking any of the following actions with
  172  respect to information regarding a person’s immigration status:
  173         (a)Sending such information to or requesting, receiving,
  174  or reviewing such information from a federal immigration agency
  175  for purposes of this chapter.
  176         (b)Recording and maintaining such information for purposes
  177  of this chapter.
  178         (c)Exchanging such information with a federal immigration
  179  agency or another state entity, local governmental entity, or
  180  law enforcement agency for purposes of this chapter.
  181         (d)Using such information to determine eligibility for a
  182  public benefit, service, or license pursuant to federal or state
  183  law or an ordinance or regulation of a local governmental
  184  entity.
  185         (e)Using such information to verify a claim of residence
  186  or domicile if a determination of residence or domicile is
  187  required under federal or state law, an ordinance or regulation
  188  of a local governmental entity, or a judicial order issued
  189  pursuant to a civil or criminal proceeding in this state.
  190         (f)Using such information to comply with an immigration
  191  detainer.
  192         (g)Using such information to confirm the identity of a
  193  person who is detained by a law enforcement agency.
  194         (3)(a)For purposes of this subsection the term “applicable
  195  criminal case” means a criminal case in which:
  196         1.The judgment requires the defendant to be confined in a
  197  secure correctional facility; and
  198         2.The judge:
  199         a.Indicates in the record under s. 908.204 that the
  200  defendant is subject to an immigration detainer; or
  201         b.Otherwise indicates in the record that the defendant is
  202  subject to a transfer into federal custody.
  203         (b)In an applicable criminal case, at the time of
  204  pronouncement of a sentence of confinement, the judge shall
  205  issue an order requiring the secure correctional facility in
  206  which the defendant is to be confined to reduce the defendant’s
  207  sentence by a period of not more than 7 days on the facility’s
  208  determination that the reduction in sentence will facilitate the
  209  seamless transfer of the defendant into federal custody. For
  210  purposes of this paragraph, the term “secure correctional
  211  facility” means a state correctional institution as defined in
  212  s. 944.02 or a county detention facility or a municipal
  213  detention facility as defined in s. 951.23.
  214         (c)If the information specified in sub-subparagraph
  215  (a)2.a. or sub-subparagraph (a)2.b. is not available at the time
  216  the sentence is pronounced in the case, the judge shall issue
  217  the order described by paragraph (b) as soon as the information
  218  becomes available.
  219         (4)Notwithstanding any other provision of law, if a law
  220  enforcement agency has received verification from a federal
  221  immigration agency that an alien in the law enforcement agency’s
  222  custody is unlawfully present in the United States, the law
  223  enforcement agency may securely transport such alien to a
  224  federal facility in this state or to another point of transfer
  225  to federal custody outside the jurisdiction of the law
  226  enforcement agency. A law enforcement agency shall obtain
  227  judicial authorization before securely transporting such alien
  228  to a point of transfer outside of this state.
  229         (5)This section does not require a state entity, local
  230  governmental entity, or law enforcement agency to provide a
  231  federal immigration agency with information related to a victim
  232  of or a witness to a criminal offense if such victim or witness
  233  timely and in good faith responds to the entity’s or agency’s
  234  request for information and cooperation in the investigation or
  235  prosecution of such offense.
  236         (6)A state entity, local governmental entity, or law
  237  enforcement agency that, pursuant to subsection (5), withholds
  238  information regarding the immigration information of a victim of
  239  or witness to a criminal offense shall document such victim’s or
  240  witness’s cooperation in the entity’s or agency’s investigative
  241  records related to the offense and shall retain such records for
  242  at least 10 years for the purpose of audit, verification, or
  243  inspection by the Auditor General.
  244         908.203Duties related to certain arrested persons.—
  245         (1)If a person is arrested and is unable to provide proof
  246  of his or her lawful presence in the United States, not later
  247  than 48 hours after the person is arrested, and before the
  248  person is released on bond, a law enforcement agency performing
  249  the booking process:
  250         (a)Shall review any information available from a federal
  251  immigration agency.
  252         (b)If information obtained under paragraph (a) reveals
  253  that the person is not a citizen of the United States and is
  254  unlawfully present in the United States according to the terms
  255  of the federal Immigration and Nationality Act, 8 U.S.C. ss.
  256  1101 et seq., must:
  257         1.Provide immediate notice of the person’s arrest and
  258  charges to a federal immigration agency.
  259         2.Provide notice of that fact to the judge authorized to
  260  grant or deny the person’s release on bail under chapter 903.
  261         3.Record the person’s arrest and charges in the person’s
  262  case file.
  263         (2)A law enforcement agency is not required to perform the
  264  duty imposed by subsection (1) with respect to a person who is
  265  transferred to the custody of the agency by another law
  266  enforcement agency if the transferring agency performed that
  267  duty before the transfer.
  268         (3)A judge who receives notice of a person’s immigration
  269  status under this section shall ensure that such status is
  270  recorded in the court record.
  271         908.204Duties related to immigration detainers.—
  272         (1)A law enforcement agency that has custody of a person
  273  subject to an immigration detainer issued by a federal
  274  immigration agency shall:
  275         (a)Provide to the judge authorized to grant or deny the
  276  person’s release on bail under chapter 903 notice that the
  277  person is subject to an immigration detainer.
  278         (b)Record in the person’s case file that the person is
  279  subject to an immigration detainer.
  280         (c)Comply with, honor, and fulfill the requests made in
  281  the immigration detainer.
  282         (2)A law enforcement agency is not required to perform a
  283  duty imposed by paragraph (1)(a) or paragraph (1)(b) with
  284  respect to a person who is transferred to the custody of the
  285  agency by another law enforcement agency if the transferring
  286  agency performed that duty before the transfer.
  287         (3)A judge who receives notice that a person is subject to
  288  an immigration detainer shall ensure that such fact is recorded
  289  in the court record, regardless of whether the notice is
  290  received before or after a judgment in the case.
  291         908.205Reimbursement of costs.—
  292         (1)A board of county commissioners may adopt an ordinance
  293  requiring a person detained pursuant to an immigration detainer
  294  to reimburse the county for any expenses incurred in detaining
  295  the person pursuant to the immigration detainer. A person
  296  detained pursuant to an immigration detainer is not liable under
  297  this section if a federal immigration agency determines that the
  298  immigration detainer was improperly issued.
  299         (2)A local governmental entity or law enforcement agency
  300  may petition the Federal Government for reimbursement of the
  301  entity’s or agency’s detention costs and the costs of compliance
  302  with federal requests when such costs are incurred in support of
  303  the enforcement of federal immigration law.
  304         908.206Duty to report.—
  305         (1)An official, representative, agent, or employee of a
  306  state entity, local governmental entity, or law enforcement
  307  agency shall promptly report a known or probable violation of
  308  this chapter to the Attorney General or the state attorney
  309  having jurisdiction over the entity or agency.
  310         (2)An official, representative, agent, or employee of a
  311  state entity, local governmental entity, or law enforcement
  312  agency who willfully and knowingly fails to report a known or
  313  probable violation of this chapter may be suspended or removed
  314  from office pursuant to general law and s. 7, Art. IV of the
  315  State Constitution.
  316         (3)A state entity, local governmental entity, or law
  317  enforcement agency may not dismiss, discipline, take any adverse
  318  personnel action as defined in s. 112.3187(3) against, or take
  319  any adverse action described in s. 112.3187(4)(b) against, an
  320  official, representative, agent, or employee for complying with
  321  subsection (1).
  322         (4)Section 112.3187 of the Whistle-blower’s Act applies to
  323  an official, representative, agent, or employee of a state
  324  entity, local governmental entity, or law enforcement agency who
  325  is dismissed, disciplined, subject to any adverse personnel
  326  action as defined in s. 112.3187(3) or any adverse action
  327  described in s. 112.3187(4)(b), or denied employment because he
  328  or she complied with subsection (1).
  329         908.207Implementation.—This chapter shall be implemented
  330  to the fullest extent permitted by federal law regulating
  331  immigration and the legislative findings and intent declared in
  332  s. 908.101.
  333                              PART III                             
  334                             ENFORCEMENT                           
  335         908.301Complaints.—The Attorney General shall prescribe
  336  and provide through the Department of Legal Affairs’ website the
  337  format for a person to submit a complaint alleging a violation
  338  of this chapter. This section does not prohibit the filing of an
  339  anonymous complaint or a complaint not submitted in the
  340  prescribed format. Any person has standing to submit a complaint
  341  under this chapter.
  342         908.302Enforcement; penalties.—
  343         (1)The state attorney for the county in which a state
  344  entity is headquartered or in which a local governmental entity
  345  or law enforcement agency is located has primary responsibility
  346  and authority for investigating credible complaints of a
  347  violation of this chapter. The results of an investigation by a
  348  state attorney shall be provided to the Attorney General in a
  349  timely manner.
  350         (2)(a)A state entity, local governmental entity, or law
  351  enforcement agency about which the state attorney has received a
  352  complaint shall comply with a document request from the state
  353  attorney related to the complaint.
  354         (b)If the state attorney determines that a complaint filed
  355  against a state entity, local governmental entity, or law
  356  enforcement agency is valid, the state attorney shall, not later
  357  than the 10th day after the date of the determination, provide
  358  written notification to the entity or agency that:
  359         1.The complaint has been filed.
  360         2.The state attorney has determined that the complaint is
  361  valid.
  362         3.The state attorney is authorized to file an action to
  363  enjoin the violation if the entity or agency does not come into
  364  compliance with the requirements of this chapter on or before
  365  the 60th day after the notification is provided.
  366         (c)No later than the 30th day after the day a state
  367  entity, local governmental entity, or law enforcement agency
  368  receives written notification under paragraph (b), the entity or
  369  agency shall provide the state attorney with a copy of:
  370         1.The entity’s or agency’s written policies and procedures
  371  with respect to federal immigration agency enforcement actions,
  372  including the entity’s or agency’s policies and procedures with
  373  respect to immigration detainers.
  374         2.Each immigration detainer received by the entity or
  375  agency from a federal immigration agency in the current calendar
  376  year-to-date and the 2 prior calendar years.
  377         3.Each response sent by the entity or agency for an
  378  immigration detainer described by subparagraph 2.
  379         (3)The Attorney General, the state attorney who conducted
  380  the investigation, or a state attorney so ordered by the
  381  Governor pursuant to s. 27.14 may institute proceedings in
  382  circuit court to enjoin a state entity, local governmental
  383  entity, or law enforcement agency found to be in violation of
  384  this chapter. Venue of an action brought by the Attorney General
  385  may be in Leon County. The court shall expedite an action under
  386  this section, including setting a hearing at the earliest
  387  practicable date.
  388         (4)Upon adjudication by the court or as provided in a
  389  consent decree declaring that a state entity, local governmental
  390  entity, or law enforcement agency has violated this chapter, the
  391  court shall enjoin the unlawful sanctuary policy and order that
  392  such entity or agency pay a civil penalty to the state of at
  393  least $1,000 but not more than $5,000 for each day that the
  394  sanctuary policy was in effect commencing on October 1, 2019, or
  395  the date the sanctuary policy was first enacted, whichever is
  396  later, until the date the injunction was granted. The court has
  397  continuing jurisdiction over the parties and subject matter and
  398  may enforce its orders with the imposition of additional civil
  399  penalties as provided for in this section and the initiation of
  400  contempt proceedings as provided by law.
  401         (5)An order approving a consent decree or granting an
  402  injunction or imposing civil penalties pursuant to subsection
  403  (4) must include written findings of fact that describe with
  404  specificity the existence and nature of the sanctuary policy
  405  that is in violation of s. 908.201 and identify each sanctuary
  406  policymaker who voted for, allowed to be implemented, or voted
  407  against repeal or prohibition of the sanctuary policy. The court
  408  shall provide to the Governor a copy of the consent decree or
  409  order granting an injunction or imposing civil penalties which
  410  contains the written findings required by this subsection within
  411  30 days after the date of rendition. A sanctuary policymaker
  412  identified in an order approving a consent decree or granting an
  413  injunction or imposing civil penalties may be suspended or
  414  removed from office pursuant to general law and s. 7, Art. IV of
  415  the State Constitution.
  416         (6)A state entity, local governmental entity, or law
  417  enforcement agency ordered to pay a civil penalty pursuant to
  418  subsection (4) shall remit such payment to the Chief Financial
  419  Officer, who shall deposit it into the General Revenue Fund.
  420         (7)Except as required by law, public funds may not be used
  421  to defend or reimburse a sanctuary policymaker or an official,
  422  representative, agent, or employee of a state entity, local
  423  governmental entity, or law enforcement agency who knowingly and
  424  willfully violates this chapter.
  425         908.303Civil cause of action for personal injury or
  426  wrongful death attributed to a sanctuary policy; trial by jury;
  427  required written findings.—
  428         (1)A person injured in this state by the tortious acts or
  429  omissions of an alien unlawfully present in the United States,
  430  or the personal representative of a person killed in this state
  431  by the tortious acts or omissions of an alien unlawfully present
  432  in the United States, has a cause of action for damages against
  433  a state entity, local governmental entity, or law enforcement
  434  agency in violation of ss. 908.201 and 908.202 upon proof by the
  435  greater weight of the evidence of:
  436         (a)The existence of a sanctuary policy in violation of s.
  437  908.201; and
  438         (b)1.A failure to comply with s. 908.202 which results in
  439  such alien’s having access to the person injured or killed when
  440  the tortious acts or omissions occurred; or
  441         2.A failure to comply with s. 908.204(1)(c) which results
  442  in such alien’s having access to the person injured or killed
  443  when the tortious acts or omissions occurred.
  444         (2)A cause of action brought pursuant to subsection (1)
  445  may not be brought against a person who holds public office or
  446  who has official duties as a representative, agent, or employee
  447  of a state entity, local governmental entity, or law enforcement
  448  agency, including a sanctuary policymaker.
  449         (3)Trial by jury is a matter of right in an action brought
  450  under this section.
  451         (4)A final judgment entered in favor of a plaintiff in a
  452  cause of action brought pursuant to this section must include
  453  written findings of fact that describe with specificity the
  454  existence and nature of the sanctuary policy that is in
  455  violation of s. 908.201 and that identify each sanctuary
  456  policymaker who voted for, allowed to be implemented, or voted
  457  against repeal or prohibition of the sanctuary policy. The court
  458  shall provide a copy of the final judgment containing the
  459  written findings required by this subsection to the Governor
  460  within 30 days after the date of rendition. A sanctuary
  461  policymaker identified in a final judgment may be suspended or
  462  removed from office pursuant to general law and s. 7, Art. IV of
  463  the State Constitution.
  464         (5)Except as provided in this section, this chapter does
  465  not create a private cause of action against a state entity,
  466  local governmental entity, or law enforcement agency that
  467  complies with this chapter.
  468         908.304Ineligibility for state grant funding.—
  469         (1)Notwithstanding any other provision of law, a state
  470  entity, local governmental entity, or law enforcement agency is
  471  ineligible to receive funding from nonfederal grant programs
  472  administered by state agencies that receive funding from the
  473  General Appropriations Act for a period of 5 years after the
  474  date of adjudication that such state entity, local governmental
  475  entity, or law enforcement agency had in effect a sanctuary
  476  policy in violation of this chapter.
  477         (2)The applicable state attorney shall notify the Chief
  478  Financial Officer of an adjudicated violation of this chapter by
  479  a state entity, local governmental entity, or law enforcement
  480  agency and shall provide him or her a copy of the final court
  481  injunction, order, or judgment. Upon receiving such notice, the
  482  Chief Financial Officer shall timely inform all state agencies
  483  that administer nonfederal grant funding of the adjudicated
  484  violation by the state entity, local governmental entity, or law
  485  enforcement agency and direct such agencies to cancel all
  486  pending grant applications and enforce the ineligibility of such
  487  entity for the prescribed period.
  488         (3)This subsection does not apply to:
  489         (a)Funding that is received as a result of an
  490  appropriation to a specifically named state entity, local
  491  governmental entity, or law enforcement agency in the General
  492  Appropriations Act or other law.
  493         (b)Grants awarded prior to the date of adjudication that
  494  such state entity, local governmental entity, or law enforcement
  495  agency had in effect a sanctuary policy in violation of this
  496  chapter.
  497                               PART IV                             
  498                            MISCELLANEOUS                          
  499         908.401Education records.—This chapter does not apply to
  500  the release of information contained in education records of an
  501  educational agency or institution, except in conformity with the
  502  Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s.
  503  1232g.
  504         908.402Discrimination prohibited.—A state entity, a local
  505  governmental entity, or a law enforcement agency, or a person
  506  employed by or otherwise under the direction or control of such
  507  an entity or agency, may not base its actions under this chapter
  508  on the gender, race, religion, national origin, or physical
  509  disability of a person except to the extent authorized by the
  510  United States Constitution or the State Constitution.
  511         Section 3. A sanctuary policy, as defined in s. 908.102,
  512  Florida Statutes, as created by this act, that is in effect on
  513  the effective date of this act must be repealed within 90 days
  514  after that date.
  515         Section 4. Sections 908.302 and 908.303, Florida Statutes,
  516  as created by this act, shall take effect October 1, 2019, and,
  517  except as otherwise expressly provided in this act, this act
  518  shall take effect July 1, 2019.

feedback