Bill Text: FL S1718 | 2023 | Regular Session | Enrolled


Bill Title: Immigration

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2023-05-11 - Chapter No. 2023-40 [S1718 Detail]

Download: Florida-2023-S1718-Enrolled.html
       ENROLLED
       2023 Legislature                           CS for CS for SB 1718
       
       
       
       
       
       
                                                             20231718er
    1  
    2         An act relating to immigration; creating ss. 125.0156
    3         and 166.246, F.S.; prohibiting counties and
    4         municipalities, respectively, from providing funds to
    5         any person, entity, or organization to issue
    6         identification documents to an individual who does not
    7         provide proof of lawful presence in the United States;
    8         creating s. 322.033, F.S.; specifying that certain
    9         driver licenses and permits issued by other states
   10         exclusively to unauthorized immigrants are not valid
   11         in this state; requiring law enforcement officers and
   12         authorized representatives of the Department of
   13         Highway Safety and Motor Vehicles to cite a person
   14         driving with a specified invalid license; requiring
   15         the department to maintain a list on its website of
   16         out-of-state classes of driver licenses that are
   17         invalid in this state; amending s. 322.04, F.S.;
   18         revising the circumstances under which certain persons
   19         are exempt from obtaining a driver license; creating
   20         s. 395.3027, F.S.; requiring certain hospitals to
   21         collect patient immigration status data information on
   22         admission or registration forms; requiring hospitals
   23         to submit quarterly reports to the Agency for Health
   24         Care Administration containing specified information;
   25         requiring the agency to submit an annual report to the
   26         Governor and the Legislature containing specified
   27         information; authorizing the agency to adopt rules;
   28         prohibiting rules requiring the disclosure of certain
   29         information; amending s. 448.09, F.S.; requiring the
   30         Department of Economic Opportunity to enter a certain
   31         order and require repayment of certain economic
   32         development incentives if the department finds or is
   33         notified that an employer has knowingly employed an
   34         unauthorized alien without verifying the employment
   35         eligibility of such person; deleting provisions
   36         relating to a first violation of specified provisions;
   37         providing penalties, including a probationary period
   38         and suspension and revocation of all licenses of
   39         employers; deleting criminal penalties for second and
   40         subsequent violations of specified provisions;
   41         deleting a provision providing construction; providing
   42         criminal penalties for certain aliens who knowingly
   43         use false identification documents or who fraudulently
   44         use identification documents of another person for the
   45         purpose of obtaining employment; making technical
   46         changes; amending s. 448.095, F.S.; revising
   47         definitions; requiring an employer to verify a new
   48         employee’s employment eligibility within 3 business
   49         days after the first day the new employee begins
   50         working for pay; requiring public agencies to use the
   51         E-Verify system to verify a new employee’s employment
   52         eligibility; requiring private employers with a
   53         certain number of employees to use the E-Verify system
   54         to verify a new employee’s employment eligibility,
   55         beginning on a certain date; requiring employers to
   56         certify use of the E-Verify system on unemployment
   57         compensation or reemployment assistance system
   58         returns; requiring employers to use a certain form if
   59         the E-Verify system is unavailable; requiring
   60         employers to retain specified documentation for a
   61         certain number of years; prohibiting an employer from
   62         continuing to employ an unauthorized alien after
   63         obtaining knowledge that a person is or has become an
   64         unauthorized alien; providing an exception;
   65         authorizing specified persons or entities to request,
   66         and requiring an employer to provide, copies of
   67         specified documentation; creating a certain rebuttable
   68         presumption that the employer has not violated
   69         specified provisions with respect to the employment of
   70         an unauthorized alien; establishing an affirmative
   71         defense to an allegation that the employer has not
   72         violated specified provisions with respect to the
   73         employment of an unauthorized alien; requiring a
   74         public agency to require in any contract that a
   75         contractor or subcontractor register with and use the
   76         E-Verify system; prohibiting a public agency,
   77         contractor, or subcontractor from entering into a
   78         contract unless each party to the contract registers
   79         with and uses the E-Verify system; requiring the
   80         termination of certain contracts under specified
   81         conditions; authorizing a public agency, contractor,
   82         or subcontractor to file a cause of action to
   83         challenge a termination; specifying required
   84         departmental action to ensure compliance with
   85         specified provisions; requiring the department to
   86         impose fines against employers under certain
   87         circumstances; providing for the deposit of such
   88         fines; providing construction; conforming provisions
   89         to changes made by the act; amending s. 454.021, F.S.;
   90         deleting a provision authorizing an unauthorized
   91         immigrant to obtain a license to practice law in this
   92         state under certain circumstances; providing
   93         applicability; amending s. 787.07, F.S.; providing
   94         criminal penalties for persons who knowingly and
   95         willfully violate, or who reasonably should know and
   96         violate, certain provisions relating to the
   97         transporting into this state of individuals who
   98         entered the United States unlawfully and without
   99         inspection by the Federal Government; providing
  100         criminal penalties for persons who transport minors
  101         into this state in violation of certain provisions;
  102         providing for enhanced criminal penalties; defining
  103         the term “conviction”; providing circumstances that
  104         give rise to a certain inference; requiring that
  105         persons who violate certain provisions be held in
  106         custody; making technical changes; amending s. 895.02,
  107         F.S.; revising the definition of the term
  108         “racketeering activity”; amending s. 908.104, F.S.;
  109         specifying that a state entity, local governmental
  110         entity, or law enforcement agency, or an employee, an
  111         agent, or a representative of the entity or agency,
  112         may not prohibit or in any way restrict a law
  113         enforcement agency from sending the applicable
  114         information obtained pursuant to certain provisions to
  115         a federal immigration agency; amending s. 943.03,
  116         F.S.; requiring the Department of Law Enforcement to
  117         coordinate and direct the law enforcement, initial
  118         emergency, and other initial responses in matters
  119         dealing with the Federal Government in federal
  120         immigration law enforcement and responses to
  121         immigration enforcement incidents within or affecting
  122         this state; amending s. 943.03101, F.S.; revising
  123         legislative findings and determinations; amending s.
  124         943.0311, F.S.; revising the required duties of the
  125         Chief of Domestic Security; requiring the chief to
  126         regularly coordinate random audits pursuant to
  127         specified provisions and notify the Department of
  128         Economic Opportunity of any violations; amending s.
  129         943.0312, F.S.; revising legislative findings;
  130         requiring that each task force cooperate with and
  131         provide assistance to the Federal Government in the
  132         enforcement of federal immigration laws within or
  133         affecting this state in compliance with specified
  134         provisions, in accordance with the state’s domestic
  135         security strategic goals and objectives; requiring the
  136         Chief of Domestic Security to, in conjunction with
  137         specified entities, identify appropriate equipment and
  138         training needs, curricula, and materials related to
  139         the effective response to immigration enforcement
  140         incidents; requiring that each regional domestic
  141         security task force, working in conjunction with
  142         specified entities, work to ensure that hate-driven
  143         acts against ethnic groups that may have been targeted
  144         as a result of immigration enforcement incidents
  145         within or affecting this state are appropriately
  146         investigated and responded to; amending s. 943.0313,
  147         F.S.; revising legislative findings; requiring the
  148         Domestic Security Oversight Council to make
  149         recommendations to the Governor and the Legislature
  150         regarding the expenditure of funds and allocation of
  151         resources related to cooperating with and providing
  152         assistance to the Federal Government in the
  153         enforcement of federal immigration laws; expanding the
  154         list of persons whom the council may invite to attend
  155         and participate in its meetings as ex officio,
  156         nonvoting members; revising the duties of the council;
  157         amending s. 943.325, F.S.; revising the definition of
  158         the term “qualifying offender” to include certain
  159         persons who are the subject of an immigration detainer
  160         issued by a federal immigration agency; requiring
  161         certain qualifying offenders to submit DNA samples at
  162         a specified time; requiring law enforcement agencies
  163         to immediately take DNA samples from certain
  164         qualifying offenders under certain circumstances;
  165         amending ss. 394.9082 and 409.996, F.S.; conforming
  166         provisions to changes made by the act; providing an
  167         appropriation; providing effective dates.
  168          
  169  Be It Enacted by the Legislature of the State of Florida:
  170  
  171         Section 1. Section 125.0156, Florida Statutes, is created
  172  to read:
  173         125.0156 Restriction on providing funds for identification
  174  documents.—A county may not provide funds to any person, entity,
  175  or organization for the purpose of issuing an identification
  176  card or document to an individual who does not provide proof of
  177  lawful presence in the United States.
  178         Section 2. Section 166.246, Florida Statutes, is created to
  179  read:
  180         166.246 Restriction on providing funds for identification
  181  documents.—A municipality may not provide funds to any person,
  182  entity, or organization for the purpose of issuing an
  183  identification card or document to an individual who does not
  184  provide proof of lawful presence in the United States.
  185         Section 3. Section 322.033, Florida Statutes, is created to
  186  read:
  187         322.033 Unauthorized aliens; invalid out-of-state driver
  188  licenses.—
  189         (1) If a driver license is of a class of licenses issued by
  190  another state exclusively to undocumented immigrants who are
  191  unable to prove lawful presence in the United States when the
  192  licenses are issued, the driver license, or other permit
  193  purporting to authorize the holder to operate a motor vehicle on
  194  public roadways, is invalid in this state and does not authorize
  195  the holder to operate a motor vehicle in this state. Such
  196  classes of licenses include licenses that are issued exclusively
  197  to undocumented immigrants or licenses that are substantially
  198  the same as licenses issued to citizens, residents, or those
  199  lawfully present in the United States but have markings
  200  establishing that the license holder did not exercise the option
  201  of providing proof of lawful presence.
  202         (2)A law enforcement officer or other authorized
  203  representative of the department who stops a person driving with
  204  an invalid license as described in subsection (1) and driving
  205  without a valid license shall issue a citation to the driver for
  206  driving without a license in violation of s. 322.03.
  207         (3) The department, to facilitate the enforcement of this
  208  section and to aid in providing notice to the public and
  209  visitors of invalid licenses, shall maintain on its website a
  210  list of out-of-state classes of driver licenses that are invalid
  211  in this state.
  212         Section 4. Section 322.04, Florida Statutes, is amended to
  213  read:
  214         322.04 Persons exempt from obtaining driver license.—
  215         (1) The following persons are exempt from obtaining a
  216  driver license:
  217         (a) Any employee of the United States Government, while
  218  operating a noncommercial motor vehicle owned by or leased to
  219  the United States Government and being operated on official
  220  business.
  221         (b) Any person while driving or operating any road machine,
  222  farm tractor, or implement of husbandry temporarily operated or
  223  moved on a highway.
  224         (c) A nonresident who is at least 16 years of age and who
  225  has in his or her immediate possession a valid noncommercial
  226  driver license issued to the nonresident in his or her home
  227  state or country operating a motor vehicle of the type for which
  228  a Class E driver license is required in this state, if the
  229  nonresident’s license is not invalid under s. 322.033 relating
  230  to proof of the licensee’s lawful presence in the United States.
  231         (d) A nonresident who is at least 18 years of age and who
  232  has in his or her immediate possession a valid noncommercial
  233  driver license issued to the nonresident in his or her home
  234  state or country operating a motor vehicle, other than a
  235  commercial motor vehicle, in this state, if the nonresident’s
  236  license is not invalid under s. 322.033 relating to proof of the
  237  licensee’s lawful presence in the United States.
  238         (e) Any person operating a golf cart, as defined in s.
  239  320.01, which is operated in accordance with the provisions of
  240  s. 316.212.
  241         (2) This section does not apply to any person to whom s.
  242  322.031 applies.
  243         (3) Any person working for a firm under contract to the
  244  United States Government whose residence is outside this state
  245  and whose main point of employment is outside this state may
  246  drive a noncommercial vehicle on the public roads of this state
  247  for periods up to 60 days while in this state on temporary duty,
  248  if the person has a valid driver license from the state of the
  249  person’s residence and if the license is not invalid under s.
  250  322.033 relating to proof of the licensee’s lawful presence in
  251  the United States.
  252         Section 5. Section 395.3027, Florida Statutes, is created
  253  to read:
  254         395.3027 Patient immigration status data collection.—
  255         (1) Each hospital that accepts Medicaid must include a
  256  provision on its patient admission or registration forms for the
  257  patient or the patient’s representative to state or indicate
  258  whether the patient is a United States citizen or lawfully
  259  present in the United States or is not lawfully present in the
  260  United States. The inquiry must be followed by a statement that
  261  the response will not affect patient care or result in a report
  262  of the patient’s immigration status to immigration authorities.
  263         (2) Each hospital must submit a quarterly report to the
  264  agency within 30 days after the end of each calendar quarter
  265  which reports the number of hospital admissions or emergency
  266  department visits within the previous quarter which were made by
  267  a patient who indicated that he or she was a citizen of the
  268  United States or lawfully present in the United States, was not
  269  lawfully present in the United States, or declined to answer.
  270         (3) By March 1 of each year, the agency shall submit a
  271  report to the Governor, the President of the Senate, and the
  272  Speaker of the House of Representatives which includes the total
  273  number of hospital admissions and emergency department visits
  274  for the previous calendar year for which the patient or
  275  patient’s representative reported that the patient was a citizen
  276  of the United States or lawfully present in the United States,
  277  was not lawfully present in the United States, or declined to
  278  answer. The report must also describe information relating to
  279  the costs of uncompensated care for aliens who are not lawfully
  280  present in the United States, the impact of uncompensated care
  281  on the cost or ability of hospitals to provide services to the
  282  public, hospital funding needs, and other related information.
  283         (4) The agency may adopt rules relating to the format and
  284  information to be contained in quarterly reports and the
  285  acceptable formats for hospitals to use in requesting
  286  information regarding a patient’s immigration status on hospital
  287  admission or registration forms. The rules may not require the
  288  disclosure of patient names or any other personal identifying
  289  information to the agency.
  290         Section 6. Effective July 1, 2024, section 448.09, Florida
  291  Statutes, is amended to read:
  292         448.09 Unauthorized aliens; employment prohibited.—
  293         (1) It is shall be unlawful for any person to knowingly to
  294  employ, hire, recruit, or refer, either for herself or himself
  295  or on behalf of another, for private or public employment within
  296  this the state, an alien who is not duly authorized to work by
  297  the immigration laws of the United States, or the Attorney
  298  General of the United States, or the United States Secretary of
  299  the Department of Homeland Security.
  300         (2) If the Department of Economic Opportunity finds or is
  301  notified by an entity specified in s. 448.095(3)(a) that an
  302  employer has knowingly employed an unauthorized alien without
  303  verifying the employment eligibility of such person, the
  304  department must enter an order pursuant to chapter 120 making
  305  such determination and require repayment of any economic
  306  development incentive pursuant to s. 288.061(6) The first
  307  violation of subsection (1) shall be a noncriminal violation as
  308  defined in s. 775.08(3) and, upon conviction, shall be
  309  punishable as provided in s. 775.082(5) by a civil fine of not
  310  more than $500, regardless of the number of aliens with respect
  311  to whom the violation occurred.
  312         (3) For a violation of this section, the department shall
  313  place the employer on probation for a 1-year period and require
  314  that the employer report quarterly to the department to
  315  demonstrate compliance with the requirements of subsection (1)
  316  and s. 448.095.
  317         (4) Any violation of this section which takes place within
  318  24 months after a previous violation constitutes grounds for the
  319  suspension or revocation of all licenses issued by a licensing
  320  agency subject to chapter 120. The department shall take the
  321  following actions for a violation involving:
  322         (a) One to 10 unauthorized aliens, suspension of all
  323  applicable licenses held by a private employer for up to 30 days
  324  by the respective agencies that issued them.
  325         (b) Eleven to 50 unauthorized aliens, suspension of all
  326  applicable licenses held by a private employer for up to 60 days
  327  by the respective agencies that issued them.
  328         (c) More than 50 unauthorized aliens, revocation of all
  329  applicable licenses held by a private employer by the respective
  330  agencies that issued them Any person who has been previously
  331  convicted for a violation of subsection (1) and who thereafter
  332  violates subsection (1), shall be guilty of a misdemeanor of the
  333  second degree, punishable as provided in s. 775.082 or s.
  334  775.083. Any such subsequent violation of this section shall
  335  constitute a separate offense with respect to each unauthorized
  336  alien.
  337         (5) An alien who is not duly authorized to work by the
  338  immigration laws of the United States, the Attorney General of
  339  the United States, or the United States Secretary of the
  340  Department of Homeland Security and who knowingly uses a false
  341  identification document or who fraudulently uses an
  342  identification document of another person for the purpose of
  343  obtaining employment commits a felony of the third degree,
  344  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  345         Section 7. Effective upon becoming a law, section 448.095,
  346  Florida Statutes, is amended to read:
  347         (Substantial rewording of section. See
  348         s. 448.095, F.S., for present text.)
  349         448.095 Employment eligibility.—
  350         (1) DEFINITIONS.—As used in this section, the term:
  351         (a) “Contractor” means a person or an entity that has
  352  entered or is attempting to enter into a contract with a public
  353  agency to provide labor, supplies, or services to such agency in
  354  exchange for salary, wages, or other remuneration.
  355         (b) “Employee” means an individual filling a permanent
  356  position who performs labor or services under the control or
  357  direction of an employer that has the power or right to control
  358  and direct the employee in the material details of how the work
  359  is to be performed in exchange for salary, wages, or other
  360  remuneration. An individual hired for casual labor, as defined
  361  in s. 443.036, which is to be performed entirely within a
  362  private residence is not an employee of an occupant or owner of
  363  a private residence. An independent contractor, as defined in
  364  federal laws or regulations, hired to perform a specified
  365  portion of labor or services is not an employee.
  366         (c) “E-Verify system” means an Internet-based system
  367  operated by the United States Department of Homeland Security
  368  which allows participating employers to electronically verify
  369  the employment eligibility of new employees.
  370         (d) “Public agency” means any office, department, agency,
  371  division, subdivision, political subdivision, board, bureau,
  372  commission, authority, district, public body, body politic,
  373  state, county, city, town, village, municipality, or any other
  374  separate unit of government created or established pursuant to
  375  law, and any other public or private agency, person,
  376  partnership, corporation, or business entity acting on behalf of
  377  any public agency.
  378         (e) “Subcontractor” means a person or an entity that
  379  provides labor, supplies, or services to or for a contractor or
  380  another subcontractor in exchange for salary, wages, or other
  381  remuneration.
  382         (f) “Unauthorized alien” means an individual who is not
  383  authorized under federal law to be employed in the United
  384  States, as described in 8 U.S.C. s. 1324a(h)(3). The term must
  385  be interpreted consistently with that section and any applicable
  386  federal rules or regulations.
  387         (2) EMPLOYMENT VERIFICATION.—
  388         (a) An employer shall verify each new employee’s employment
  389  eligibility within 3 business days after the first day that the
  390  new employee begins working for pay as required under 8 C.F.R.
  391  s. 274a.
  392         (b)1. A public agency shall use the E-Verify system to
  393  verify a new employee’s employment eligibility as required under
  394  paragraph (a).
  395         2.Beginning on July 1, 2023, a private employer with 25 or
  396  more employees shall use the E-Verify system to verify a new
  397  employee’s employment eligibility as required under paragraph
  398  (a).
  399         3.Each employer required to use the E-Verify system under
  400  this paragraph must certify on its first return each calendar
  401  year to the tax service provider that it is in compliance with
  402  this section when making contributions to or reimbursing the
  403  state’s unemployment compensation or reemployment assistance
  404  system. An employer that voluntarily uses the E-Verify system
  405  may also make such a certification on its first return each
  406  calendar year in order to document such use.
  407         (c)If the E-Verify system is unavailable for 3 business
  408  days after the first day that the new employee begins working
  409  for pay and an employer cannot access the system to verify a new
  410  employee’s employment eligibility, the employer must use the
  411  Employment Eligibility Verification form (Form I-9) to verify
  412  employment eligibility. The unavailability of the E-Verify
  413  system does not bar the employer from using the rebuttable
  414  presumption established in paragraph (4)(a). An employer must
  415  document the unavailability of the E-Verify system by retaining
  416  a screenshot from each day which shows the employer’s lack of
  417  access to the system, a public announcement that the E-Verify
  418  system is not available, or any other communication or notice
  419  recorded by the employer regarding the unavailability of the
  420  system.
  421         (d) The employer must retain a copy of the documentation
  422  provided and any official verification generated, if applicable,
  423  for at least 3 years.
  424         (e) An employer may not continue to employ an unauthorized
  425  alien after obtaining knowledge that a person is or has become
  426  an unauthorized alien.
  427         (f) An employee leasing company licensed under part XI of
  428  chapter 468 which enters into a written agreement or
  429  understanding with a client company which places the primary
  430  obligation for compliance with this section upon the client
  431  company is not required to verify employment eligibility of any
  432  new employees of the client company. In the absence of a written
  433  agreement or understanding, the employee leasing company is
  434  responsible for compliance with this section. Such employee
  435  leasing company shall, at all times, remain an employer as
  436  otherwise defined in federal laws or regulations.
  437         (3) ENFORCEMENT.—
  438         (a) For the purpose of enforcement of this section, any of
  439  the following persons or entities may request, and an employer
  440  must provide, copies of any documentation relied upon by the
  441  employer for the verification of a new employee’s employment
  442  eligibility:
  443         1. The Department of Law Enforcement;
  444         2. The Attorney General;
  445         3. The state attorney in the circuit in which the new
  446  employee works;
  447         4.The statewide prosecutor; or
  448         5. The Department of Economic Opportunity.
  449         (b)A person or an entity that makes a request under
  450  paragraph (a) must rely upon the Federal Government to verify an
  451  employee’s employment eligibility and may not independently make
  452  a final determination as to whether an employee is an
  453  unauthorized alien.
  454         (4)DEFENSES.—
  455         (a) An employer that uses the E-Verify system or, if that
  456  system is unavailable, the Employment Eligibility Verification
  457  form (Form I-9) as provided in paragraph (2)(c), with respect to
  458  the employment of an unauthorized alien has established a
  459  rebuttable presumption that the employer has not violated s.
  460  448.09 with respect to such employment.
  461         (b)An employer that uses the same documentation that is
  462  required by the United States Citizenship and Immigration
  463  Services on its Employment Eligibility Verification form (Form
  464  I-9) with respect to the employment of an unauthorized alien,
  465  has established an affirmative defense that the employer has not
  466  violated s. 448.09 with respect to such employment.
  467         (5) PUBLIC AGENCY CONTRACTING.—
  468         (a) A public agency must require in any contract that the
  469  contractor, and any subcontractor thereof, register with and use
  470  the E-Verify system to verify the work authorization status of
  471  all new employees of the contractor or subcontractor. A public
  472  agency or a contractor or subcontractor thereof may not enter
  473  into a contract unless each party to the contract registers with
  474  and uses the E-Verify system.
  475         (b) If a contractor enters into a contract with a
  476  subcontractor, the subcontractor must provide the contractor
  477  with an affidavit stating that the subcontractor does not
  478  employ, contract with, or subcontract with an unauthorized
  479  alien. The contractor shall maintain a copy of such affidavit
  480  for the duration of the contract.
  481         (c)1. A public agency, contractor, or subcontractor who has
  482  a good faith belief that a person or an entity with which it is
  483  contracting has knowingly violated s. 448.09(1) shall terminate
  484  the contract with the person or entity.
  485         2. A public agency that has a good faith belief that a
  486  subcontractor knowingly violated this subsection, but the
  487  contractor otherwise complied with this subsection, shall
  488  promptly notify the contractor and order the contractor to
  489  immediately terminate the contract with the subcontractor.
  490         3. A contract terminated under this paragraph is not a
  491  breach of contract and may not be considered as such. If a
  492  public agency terminates a contract with a contractor under this
  493  paragraph, the contractor may not be awarded a public contract
  494  for at least 1 year after the date on which the contract was
  495  terminated. A contractor is liable for any additional costs
  496  incurred by a public agency as a result of the termination of a
  497  contract.
  498         (d) A public agency, contractor, or subcontractor may file
  499  a cause of action with a circuit or county court to challenge a
  500  termination under paragraph (c) no later than 20 calendar days
  501  after the date on which the contract was terminated.
  502         (6) COMPLIANCE.—
  503         (a)In addition to the requirements under s. 288.061(6),
  504  beginning on July 1, 2024, if the Department of Economic
  505  Opportunity determines that an employer failed to use the E
  506  Verify system to verify the employment eligibility of employees
  507  as required under this section, the department must notify the
  508  employer of the department’s determination of noncompliance and
  509  provide the employer with 30 days to cure the noncompliance.
  510         (b)If the Department of Economic Opportunity determines
  511  that an employer failed to use the E-Verify system as required
  512  under this section three times in any 24-month period, the
  513  department must impose a fine of $1,000 per day until the
  514  employer provides sufficient proof to the department that the
  515  noncompliance is cured. Noncompliance constitutes grounds for
  516  the suspension of all licenses issues by a licensing agency
  517  subject to chapter 120 until the noncompliance is cured.
  518         (c)Fines collected under this subsection must be deposited
  519  into the State Economic Enhancement and Development Trust Fund
  520  for use by the department for employer outreach and public
  521  notice of the state’s employment verification laws.
  522         (7) CONSTRUCTION.—
  523         (a) This section must be enforced without regard to race,
  524  color, or national origin and must be construed in a manner so
  525  as to be fully consistent with any applicable federal laws or
  526  regulations.
  527         (b) The requirements to use the E-Verify system under this
  528  section do not apply in any federal fiscal year in which the
  529  system is not funded by the Federal Government.
  530         (c) This section shall expire 60 days after the E-Verify
  531  system is no longer a pilot program, and the Federal Government
  532  requires the use of the E-Verify system by all employers in the
  533  United States.
  534         Section 8. Effective November 1, 2028, subsection (3) of
  535  section 454.021, Florida Statutes, is amended to read:
  536         454.021 Attorneys; admission to practice law; Supreme Court
  537  to govern and regulate.—
  538         (3) Upon certification by the Florida Board of Bar
  539  Examiners that an applicant who is an unauthorized immigrant who
  540  was brought to the United States as a minor; has been present in
  541  the United States for more than 10 years; has received
  542  documented employment authorization from the United States
  543  Citizenship and Immigration Services (USCIS); has been issued a
  544  social security number; if a male, has registered with the
  545  Selective Service System if required to do so under the Military
  546  Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all
  547  requirements for admission to practice law in this state, the
  548  Supreme Court of Florida may admit that applicant as an attorney
  549  at law authorized to practice in this state and may direct an
  550  order be entered upon the court’s records to that effect.
  551         Section 9. The repeal of s. 454.021(3), Florida Statutes,
  552  by this act does not affect the validity of any license to
  553  practice law issued pursuant to that subsection before November
  554  1, 2028.
  555         Section 10. Section 787.07, Florida Statutes, is amended to
  556  read:
  557         787.07 Human smuggling.—
  558         (1) Except as provided in subsections (3), (4), and (5), a
  559  person who knowingly and willfully transports into this state an
  560  individual whom who the person knows, or reasonably should know,
  561  has entered is illegally entering the United States in violation
  562  of law and has not been inspected by the Federal Government
  563  since his or her unlawful entry from another country commits a
  564  felony of the third degree, punishable as provided in s.
  565  775.082, s. 775.083, or s. 775.084.
  566         (2) A person commits a separate offense for each individual
  567  he or she transports into this state in violation of this
  568  section.
  569         (3) A person who transports a minor into this state in
  570  violation of subsection (1) commits a felony of the second
  571  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  572  775.084.
  573         (4) A person who commits five or more separate offenses
  574  under this section during a single episode commits a felony of
  575  the second degree, punishable as provided in s. 775.082, s.
  576  775.083, or s. 775.084.
  577         (5)(a) A person with a prior conviction under this section
  578  who commits a subsequent violation of this section commits a
  579  felony of the second degree, punishable as provided in s.
  580  775.082, s. 775.083, or s. 775.084.
  581         (b) As used in paragraph (a), the term “conviction” means a
  582  determination of guilt that is the result of a plea agreement or
  583  a trial, regardless of whether adjudication is withheld or a
  584  plea of nolo contendere is entered.
  585         (6) Proof that a person knowingly and willfully presented
  586  false identification or gave false information to a law
  587  enforcement officer who is conducting an investigation for a
  588  violation of this section gives rise to an inference that such
  589  person was aware that the transported individual has entered the
  590  United States in violation of the law and had not been inspected
  591  by the Federal Government since his or her unlawful entry.
  592         (7) A person who is arrested for a violation of this
  593  section must be held in custody until brought before the court
  594  for admittance to pretrial release in accordance with chapter
  595  903.
  596         Section 11. Paragraph (a) of subsection (8) of section
  597  895.02, Florida Statutes, is amended to read:
  598         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  599         (8) “Racketeering activity” means to commit, to attempt to
  600  commit, to conspire to commit, or to solicit, coerce, or
  601  intimidate another person to commit:
  602         (a) Any crime that is chargeable by petition, indictment,
  603  or information under the following provisions of the Florida
  604  Statutes:
  605         1. Section 210.18, relating to evasion of payment of
  606  cigarette taxes.
  607         2. Section 316.1935, relating to fleeing or attempting to
  608  elude a law enforcement officer and aggravated fleeing or
  609  eluding.
  610         3. Chapter 379, relating to the illegal sale, purchase,
  611  collection, harvest, capture, or possession of wild animal life,
  612  freshwater aquatic life, or marine life, and related crimes.
  613         4. Section 403.727(3)(b), relating to environmental
  614  control.
  615         5. Section 409.920 or s. 409.9201, relating to Medicaid
  616  fraud.
  617         6. Section 414.39, relating to public assistance fraud.
  618         7. Section 440.105 or s. 440.106, relating to workers’
  619  compensation.
  620         8. Section 443.071(4), relating to creation of a fictitious
  621  employer scheme to commit reemployment assistance fraud.
  622         9. Section 465.0161, relating to distribution of medicinal
  623  drugs without a permit as an Internet pharmacy.
  624         10. Section 499.0051, relating to crimes involving
  625  contraband, adulterated, or misbranded drugs.
  626         11. Part IV of chapter 501, relating to telemarketing.
  627         12. Chapter 517, relating to sale of securities and
  628  investor protection.
  629         13. Section 550.235 or s. 550.3551, relating to dogracing
  630  and horseracing.
  631         14. Chapter 550, relating to jai alai frontons.
  632         15. Section 551.109, relating to slot machine gaming.
  633         16. Chapter 552, relating to the manufacture, distribution,
  634  and use of explosives.
  635         17. Chapter 560, relating to money transmitters, if the
  636  violation is punishable as a felony.
  637         18. Chapter 562, relating to beverage law enforcement.
  638         19. Section 624.401, relating to transacting insurance
  639  without a certificate of authority, s. 624.437(4)(c)1., relating
  640  to operating an unauthorized multiple-employer welfare
  641  arrangement, or s. 626.902(1)(b), relating to representing or
  642  aiding an unauthorized insurer.
  643         20. Section 655.50, relating to reports of currency
  644  transactions, when such violation is punishable as a felony.
  645         21. Chapter 687, relating to interest and usurious
  646  practices.
  647         22. Section 721.08, s. 721.09, or s. 721.13, relating to
  648  real estate timeshare plans.
  649         23. Section 775.13(5)(b), relating to registration of
  650  persons found to have committed any offense for the purpose of
  651  benefiting, promoting, or furthering the interests of a criminal
  652  gang.
  653         24. Section 777.03, relating to commission of crimes by
  654  accessories after the fact.
  655         25. Chapter 782, relating to homicide.
  656         26. Chapter 784, relating to assault and battery.
  657         27. Chapter 787, relating to kidnapping, human smuggling,
  658  or human trafficking.
  659         28. Chapter 790, relating to weapons and firearms.
  660         29. Chapter 794, relating to sexual battery, but only if
  661  such crime was committed with the intent to benefit, promote, or
  662  further the interests of a criminal gang, or for the purpose of
  663  increasing a criminal gang member’s own standing or position
  664  within a criminal gang.
  665         30. Former s. 796.03, former s. 796.035, s. 796.04, s.
  666  796.05, or s. 796.07, relating to prostitution.
  667         31. Chapter 806, relating to arson and criminal mischief.
  668         32. Chapter 810, relating to burglary and trespass.
  669         33. Chapter 812, relating to theft, robbery, and related
  670  crimes.
  671         34. Chapter 815, relating to computer-related crimes.
  672         35. Chapter 817, relating to fraudulent practices, false
  673  pretenses, fraud generally, credit card crimes, and patient
  674  brokering.
  675         36. Chapter 825, relating to abuse, neglect, or
  676  exploitation of an elderly person or disabled adult.
  677         37. Section 827.071, relating to commercial sexual
  678  exploitation of children.
  679         38. Section 828.122, relating to fighting or baiting
  680  animals.
  681         39. Chapter 831, relating to forgery and counterfeiting.
  682         40. Chapter 832, relating to issuance of worthless checks
  683  and drafts.
  684         41. Section 836.05, relating to extortion.
  685         42. Chapter 837, relating to perjury.
  686         43. Chapter 838, relating to bribery and misuse of public
  687  office.
  688         44. Chapter 843, relating to obstruction of justice.
  689         45. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  690  s. 847.07, relating to obscene literature and profanity.
  691         46. Chapter 849, relating to gambling, lottery, gambling or
  692  gaming devices, slot machines, or any of the provisions within
  693  that chapter.
  694         47. Chapter 874, relating to criminal gangs.
  695         48. Chapter 893, relating to drug abuse prevention and
  696  control.
  697         49. Chapter 896, relating to offenses related to financial
  698  transactions.
  699         50. Sections 914.22 and 914.23, relating to tampering with
  700  or harassing a witness, victim, or informant, and retaliation
  701  against a witness, victim, or informant.
  702         51. Sections 918.12 and 918.13, relating to tampering with
  703  jurors and evidence.
  704         Section 12. Paragraph (f) is added to subsection (2) of
  705  section 908.104, Florida Statutes, to read:
  706         908.104 Cooperation with federal immigration authorities.—
  707         (2) Except as otherwise expressly prohibited by federal
  708  law, a state entity, local governmental entity, or law
  709  enforcement agency, or an employee, an agent, or a
  710  representative of the entity or agency, may not prohibit or in
  711  any way restrict a law enforcement agency from taking any of the
  712  following actions with respect to information regarding a
  713  person’s immigration status:
  714         (f) Sending the applicable information obtained pursuant to
  715  enforcement of s. 448.095 to a federal immigration agency.
  716         Section 13. Subsection (14) of section 943.03, Florida
  717  Statutes, is amended to read:
  718         943.03 Department of Law Enforcement.—
  719         (14) The department, with respect to counter-terrorism
  720  efforts, responses to acts of terrorism within or affecting this
  721  state, coordinating with and providing assistance to the Federal
  722  Government in the enforcement of federal immigration laws,
  723  responses to immigration enforcement incidents within or
  724  affecting this state, and other matters related to the domestic
  725  security of Florida as it relates to terrorism and immigration
  726  enforcement incidents, shall coordinate and direct the law
  727  enforcement, initial emergency, and other initial responses. The
  728  department shall work closely with the Division of Emergency
  729  Management, other federal, state, and local law enforcement
  730  agencies, fire and rescue agencies, first-responder agencies,
  731  and others involved in preparation against acts of terrorism in
  732  or affecting this state, immigration enforcement incidents
  733  within or affecting this state, and in the response to such acts
  734  or incidents. The executive director of the department, or
  735  another member of the department designated by the director,
  736  shall serve as Chief of Domestic Security for the purpose of
  737  directing and coordinating such efforts. The department and
  738  Chief of Domestic Security shall use the regional domestic
  739  security task forces as established in this chapter to assist in
  740  such efforts.
  741         Section 14. Section 943.03101, Florida Statutes, is amended
  742  to read:
  743         943.03101 Counter-terrorism and immigration enforcement
  744  coordination.—The Legislature finds that with respect to
  745  counter-terrorism efforts, and initial responses to acts of
  746  terrorism within or affecting this state, coordinating with and
  747  providing assistance to the Federal Government in the
  748  enforcement of federal immigration laws, and responses to
  749  immigration enforcement incidents within or affecting this
  750  state, specialized efforts of emergency management which are
  751  unique to such situations are required and that these efforts
  752  intrinsically involve very close coordination of federal, state,
  753  and local law enforcement agencies with the efforts of all
  754  others involved in emergency-response efforts. In order to best
  755  provide this specialized effort, the Legislature has determined
  756  that such efforts should be coordinated by and through the
  757  Department of Law Enforcement, working closely with the Division
  758  of Emergency Management and others involved in preparation
  759  against acts of terrorism in or affecting this state,
  760  immigration enforcement incidents within or affecting this
  761  state, and in the initial response to such acts, in accordance
  762  with the state comprehensive emergency management plan prepared
  763  pursuant to s. 252.35(2)(a).
  764         Section 15. Present subsections (2) through (7) of section
  765  943.0311, Florida Statutes, are redesignated as subsections (3)
  766  through (8), respectively, a new subsection (2) is added to that
  767  section, and subsection (1) and present subsection (3) of that
  768  section are amended, to read:
  769         943.0311 Chief of Domestic Security; duties of the
  770  department with respect to domestic security.—
  771         (1) The executive director of the department, or a member
  772  of the department designated by the executive director, shall
  773  serve as the Chief of Domestic Security. The Chief of Domestic
  774  Security shall:
  775         (a) Coordinate the efforts of the department in the ongoing
  776  assessment of this state’s vulnerability to, and ability to
  777  detect, prevent, prepare for, respond to, and recover from, acts
  778  of terrorism within or affecting this state and immigration
  779  enforcement incidents within or affecting this state.
  780         (b) Prepare recommendations for the Governor, the President
  781  of the Senate, and the Speaker of the House of Representatives,
  782  which are based upon ongoing assessments to limit the
  783  vulnerability of the state to terrorism and immigration
  784  enforcement incidents.
  785         (c) Coordinate the collection of proposals to limit the
  786  vulnerability of the state to terrorism and immigration
  787  enforcement incidents.
  788         (d) Use regional task forces to support the duties of the
  789  department set forth in this section.
  790         (e) Use public or private resources to perform the duties
  791  assigned to the department under this section.
  792         (2)The chief shall regularly coordinate random audits
  793  pursuant to s. 448.095 to ensure compliance and enforcement and
  794  shall notify the Department of Economic Opportunity of any
  795  violations.
  796         (4)(3) The chief shall report to the Governor, the
  797  President of the Senate, and the Speaker of the House of
  798  Representatives by November 1 of each year suggestions for
  799  specific and significant security enhancements of any building,
  800  facility, or structure owned or leased by a state agency, state
  801  university, or community college or any entity that has
  802  conducted an assessment under subsection (6) (5). The chief may
  803  utilize the assessments provided under subsection (6) (5) in
  804  making his or her suggestions. The report shall suggest
  805  strategies to maximize federal funds in support of building or
  806  facility security if such funds are available.
  807         Section 16. Section 943.0312, Florida Statutes, is amended
  808  to read:
  809         943.0312 Regional domestic security task forces.—The
  810  Legislature finds that there is a need to develop and implement
  811  a statewide strategy to address prevention, preparation,
  812  protection, response, and recovery efforts by federal, state,
  813  and local law enforcement agencies, emergency management
  814  agencies, fire and rescue departments, first-responder
  815  personnel, and others in dealing with potential or actual
  816  terrorist acts within or affecting this state and potential or
  817  actual immigration enforcement incidents within or affecting
  818  this state.
  819         (1) To assist the department and the Chief of Domestic
  820  Security in performing their roles and duties in this regard,
  821  the department shall establish a regional domestic security task
  822  force in each of the department’s operational regions. The task
  823  forces shall serve in an advisory capacity to the department and
  824  the Chief of Domestic Security and shall provide support to the
  825  department in its performance of functions pertaining to
  826  domestic security.
  827         (a) Subject to annual appropriation, the department shall
  828  provide dedicated employees to support the function of each
  829  regional domestic security task force.
  830         (b) Each task force shall be co-chaired by the department’s
  831  special agent in charge of the operational region in which the
  832  task force is located and by a local sheriff or chief of police
  833  from within the operational region.
  834         (c) Each task force membership may also include
  835  representatives of state and local law enforcement agencies,
  836  fire and rescue departments, or first-responder personnel;
  837  representatives of emergency management agencies and health,
  838  medical, and hospital agencies; representatives of local
  839  emergency planning committees; and other persons as deemed
  840  appropriate and necessary by the task force co-chairs.
  841         (d) The co-chairs of each task force may appoint
  842  subcommittees and subcommittee chairs as necessary in order to
  843  address issues related to the various disciplines represented on
  844  the task force, except that subcommittee chairs for emergency
  845  management shall be appointed with the approval of the director
  846  of the Division of Emergency Management. A subcommittee chair
  847  shall serve at the pleasure of the co-chairs.
  848         (2) In accordance with the state’s domestic security
  849  strategic goals and objectives, each task force shall coordinate
  850  efforts to counter terrorism, as defined by s. 775.30, and
  851  cooperate with and provide assistance to the Federal Government
  852  in the enforcement of federal immigration laws within or
  853  affecting this state in compliance with chapter 908, among
  854  local, state, and federal resources to ensure that such efforts
  855  are not fragmented or unnecessarily duplicated; coordinate
  856  training for local and state personnel to counter terrorism as
  857  defined in by s. 775.30; and cooperate with and provide
  858  assistance to the Federal Government in the enforcement of
  859  federal immigration laws within or affecting this state in
  860  compliance with chapter 908; coordinate the collection and
  861  dissemination of investigative and intelligence information; and
  862  facilitate responses to terrorist incidents within or affecting
  863  each region and immigration enforcement incidents within or
  864  affecting each region. With the approval of the Chief of
  865  Domestic Security, the task forces may incorporate other
  866  objectives reasonably related to the goals of enhancing the
  867  state’s domestic security and ability to detect, prevent, and
  868  respond to acts of terrorism within or affecting this state or
  869  immigration enforcement incidents within or affecting this
  870  state. Each task force shall take into account the variety of
  871  conditions and resources present within its region.
  872         (3) The Chief of Domestic Security, in conjunction with the
  873  Division of Emergency Management, the regional domestic security
  874  task forces, and the various state entities responsible for
  875  establishing training standards applicable to state law
  876  enforcement officers and fire, emergency, and first-responder
  877  personnel shall identify appropriate equipment and training
  878  needs, curricula, and materials related to the effective
  879  response to suspected or actual acts of terrorism, immigration
  880  enforcement incidents, or incidents involving real or hoax
  881  weapons of mass destruction as defined in s. 790.166.
  882  Recommendations for funding for purchases of equipment, delivery
  883  of training, implementation of, or revision to basic or
  884  continued training required for state licensure or
  885  certification, or other related responses shall be made by the
  886  Chief of Domestic Security to the Domestic Security Oversight
  887  Council, the Executive Office of the Governor, the President of
  888  the Senate, and the Speaker of the House of Representatives as
  889  necessary to ensure that the needs of this state with regard to
  890  the preparing, equipping, training, and exercising of response
  891  personnel are identified and addressed. In making such
  892  recommendations, the Chief of Domestic Security and the Division
  893  of Emergency Management shall identify all funding sources that
  894  may be available to fund such efforts.
  895         (4) Each regional domestic security task force, working in
  896  conjunction with the department, the Office of the Attorney
  897  General, and other public or private entities, shall work to
  898  ensure that hate-driven acts against ethnic groups that may have
  899  been targeted as a result of acts of terrorism in or affecting
  900  this state, or as a result of immigration enforcement incidents
  901  within or affecting this state, are appropriately investigated
  902  and responded to.
  903         (5) Members of each regional domestic security task force
  904  may not receive any pay other than their salaries normally
  905  received from their employers, but are entitled to reimbursement
  906  for per diem and travel expenses in accordance with s. 112.061.
  907         (6) Subject to annual appropriation, the department shall
  908  provide staff and administrative support for the regional
  909  domestic security task forces.
  910         Section 17. Section 943.0313, Florida Statutes, is amended
  911  to read:
  912         943.0313 Domestic Security Oversight Council.—The
  913  Legislature finds that there exists a need to provide executive
  914  direction and leadership with respect to terrorism and
  915  immigration enforcement incident prevention, preparation,
  916  protection, response, and recovery efforts by state and local
  917  agencies in this state. In recognition of this need, the
  918  Domestic Security Oversight Council is hereby created. The
  919  council shall serve as an advisory council pursuant to s.
  920  20.03(7) to provide guidance to the state’s regional domestic
  921  security task forces and other domestic security working groups
  922  and to make recommendations to the Governor and the Legislature
  923  regarding the expenditure of funds and allocation of resources
  924  related to counter-terrorism and cooperating with and providing
  925  assistance to the Federal Government in the enforcement of
  926  federal immigration laws and domestic security efforts.
  927         (1) MEMBERSHIP.—
  928         (a) The Domestic Security Oversight Council shall consist
  929  of the following voting members:
  930         1. The executive director of the Department of Law
  931  Enforcement.
  932         2. The director of the Division of Emergency Management.
  933         3. The Attorney General.
  934         4. The Commissioner of Agriculture.
  935         5. The State Surgeon General.
  936         6. The Commissioner of Education.
  937         7. The State Fire Marshal.
  938         8. The adjutant general of the Florida National Guard.
  939         9. The state chief information officer.
  940         10. Each sheriff or chief of police who serves as a co
  941  chair of a regional domestic security task force pursuant to s.
  942  943.0312(1)(b).
  943         11. Each of the department’s special agents in charge who
  944  serve as a co-chair of a regional domestic security task force.
  945         12. Two representatives of the Florida Fire Chiefs
  946  Association.
  947         13. One representative of the Florida Police Chiefs
  948  Association.
  949         14. One representative of the Florida Prosecuting Attorneys
  950  Association.
  951         15. The chair of the Statewide Domestic Security
  952  Intelligence Committee.
  953         16. One representative of the Florida Hospital Association.
  954         17. One representative of the Emergency Medical Services
  955  Advisory Council.
  956         18. One representative of the Florida Emergency
  957  Preparedness Association.
  958         19. One representative of the Florida Seaport
  959  Transportation and Economic Development Council.
  960         (b) In addition to the members designated in paragraph (a),
  961  the council may invite other ex officio, nonvoting members to
  962  attend and participate in council meetings. Those nonvoting
  963  members may include, but need not be limited to:
  964         1. The executive director of the Department of Highway
  965  Safety and Motor Vehicles.
  966         2. The Secretary of Health Care Administration.
  967         3. The Secretary of Environmental Protection.
  968         4. The director of the Division of Law Enforcement within
  969  the Fish and Wildlife Conservation Commission.
  970         5. A representative of the Commission on Human Relations.
  971         6. A representative of the United States Coast Guard.
  972         7. A United States Attorney from a federal judicial circuit
  973  within this state.
  974         8. A special agent in charge from an office of the Federal
  975  Bureau of Investigation within this state.
  976         9. A representative of the United States Department of
  977  Homeland Security.
  978         10. A representative of United States Immigration and
  979  Customs Enforcement.
  980         11. A representative of United States Customs and Border
  981  Protection.
  982         (2) ORGANIZATION.—
  983         (a) The Legislature finds that the council serves a
  984  legitimate state, county, and municipal purpose and that service
  985  on the council is consistent with a member’s principal service
  986  in public office or employment. Membership on the council does
  987  not disqualify a member from holding any other public office or
  988  being employed by a public entity, except that a member of the
  989  Legislature may not serve on the council.
  990         (b) The executive director of the Department of Law
  991  Enforcement shall serve as chair of the council, and the
  992  director of the Division of Emergency Management shall serve as
  993  vice chair of the council. In the absence of the chair, the vice
  994  chair shall serve as chair. In the absence of the vice chair,
  995  the chair may name any member of the council to perform the
  996  duties of the chair if such substitution does not extend beyond
  997  a defined meeting, duty, or period of time.
  998         (c) Any absent voting member of the council may be
  999  represented by a designee empowered to act on any issue before
 1000  the council to the same extent that the designating member is
 1001  empowered. If a co-chair of a regional domestic security task
 1002  force is absent from a council meeting, the co-chair shall
 1003  appoint a subcommittee chair of that task force as the designee.
 1004         (d) The council shall establish bylaws for its general
 1005  governance.
 1006         (e) Any member of the council serving by reason of the
 1007  office or employment held by the member shall cease to serve on
 1008  the council at such time as he or she ceases to hold the office
 1009  or employment which was the basis for appointment to the
 1010  council.
 1011         (f) Representatives from agencies or organizations other
 1012  than those designated by title shall be chosen by the entity.
 1013  Except for those individuals designated by title, council
 1014  members shall be certified annually to the chair by the
 1015  organization they represent.
 1016         (g) Members of the council or their designees shall serve
 1017  without compensation but are entitled to reimbursement for per
 1018  diem and travel expenses pursuant to s. 112.061.
 1019         (h) The department shall provide the council with the staff
 1020  support necessary to assist in the performance of its duties.
 1021         (3) MEETINGS.—The council must meet at least semiannually.
 1022  Additional meetings may be held as necessary. A majority of the
 1023  members of the council constitutes a quorum.
 1024         (4) EXECUTIVE COMMITTEE.—
 1025         (a) The council shall establish an executive committee
 1026  consisting of the following members:
 1027         1. The executive director of the Department of Law
 1028  Enforcement.
 1029         2. The director of the Division of Emergency Management.
 1030         3. The Attorney General.
 1031         4. The Commissioner of Agriculture.
 1032         5. The State Surgeon General.
 1033         6. The Commissioner of Education.
 1034         7. The State Fire Marshal.
 1035         (b) The executive director of the Department of Law
 1036  Enforcement shall serve as the chair of the executive committee,
 1037  and the director of the Division of Emergency Management shall
 1038  serve as the vice chair of the executive committee.
 1039         (c) The executive committee shall approve all matters
 1040  brought before the council prior to consideration. When
 1041  expedited action of the council is deemed necessary by the chair
 1042  or vice chair, the executive committee may act on behalf of the
 1043  council.
 1044         (5) DUTIES OF THE COUNCIL.—
 1045         (a) The Domestic Security Oversight Council shall serve as
 1046  an advisory council to the Governor, the Legislature, and the
 1047  Chief of Domestic Security. The council shall:
 1048         1. Review the development, maintenance, and operation of a
 1049  comprehensive multidisciplinary domestic security strategy that
 1050  will guide the state’s prevention, preparedness, protection,
 1051  response, and recovery efforts against terrorist attacks and
 1052  immigration enforcement incidents and make appropriate
 1053  recommendations to ensure the implementation of that strategy.
 1054         2. Review the development of integrated funding plans to
 1055  support specific projects, goals, and objectives necessary to
 1056  the state’s domestic security strategy and make appropriate
 1057  recommendations to implement those plans.
 1058         3. Review and recommend approval of prioritized
 1059  recommendations from regional domestic security task forces and
 1060  state working groups on the use of available funding to ensure
 1061  the use of such funds in a manner that best promotes the goals
 1062  of statewide, regional, and local domestic security through
 1063  coordinated planning and implementation strategies.
 1064         4. Review and recommend approval of statewide policies and
 1065  operational protocols that support the domestic security efforts
 1066  of the regional domestic security task forces and state
 1067  agencies.
 1068         5. Review the overall statewide effectiveness of domestic
 1069  security efforts, and counter-terrorism efforts, and efforts of
 1070  coordinating with and providing assistance to the Federal
 1071  Government in the enforcement of federal immigration laws in
 1072  order to provide suggestions to improve or enhance those
 1073  efforts.
 1074         6. Review the efforts of any agency or entity involved in
 1075  state or local domestic security efforts, and counter-terrorism
 1076  efforts, and efforts of coordination with and providing
 1077  assistance to the Federal Government in the enforcement of
 1078  federal immigration laws that requests assistance or that
 1079  appears to need such review in order to provide suggestions to
 1080  improve or enhance those efforts.
 1081         7. Review efforts within the state to better secure state
 1082  and local infrastructure against terrorist attack or immigration
 1083  enforcement incidents and make recommendations to enhance the
 1084  effectiveness of such efforts.
 1085         8. Review and recommend legislative initiatives related to
 1086  the state’s domestic security and provide endorsement or
 1087  recommendations to enhance the effectiveness of such efforts.
 1088         9. Review statewide or multiagency mobilizations and
 1089  responses to major domestic security incidents and recommend
 1090  suggestions for training, improvement of response efforts, or
 1091  improvement of coordination or for other strategies that may be
 1092  derived as necessary from such reviews.
 1093         10. Conduct any additional review or inquiry or make
 1094  recommendations to the Governor and Legislature in support of
 1095  other initiatives, as may be necessary, to fulfill the function
 1096  of general oversight of the state’s domestic security efforts,
 1097  and counter-terrorism efforts, and efforts of coordinating with
 1098  and providing assistance to the Federal Government in the
 1099  enforcement of federal immigration laws and to promote increased
 1100  security.
 1101         11. Promote and preserve intergovernmental cooperation and
 1102  consensus among state and local agencies, the Federal
 1103  Government, private entities, other states, and other nations,
 1104  as appropriate, under the guidance of the Governor.
 1105         (b) The Domestic Security Oversight Council shall make an
 1106  annual funding recommendation to the Governor and Legislature
 1107  which shall prioritize funding requests based on allocations
 1108  from all available sources for implementing the state’s domestic
 1109  security strategy. This recommendation must include the
 1110  prioritized recommendations of each of the regional domestic
 1111  security task forces and the various working groups that
 1112  participate in the prioritization process for funding
 1113  allocations. The recommendation must reflect the consideration
 1114  of strategic priorities and allocations that best serve the
 1115  state’s overall domestic security needs. The recommendation
 1116  shall be transmitted to the Governor and the Legislature by
 1117  December 31 of each year. If additional funds become available,
 1118  or reallocation of funding is required beyond current spending
 1119  authorizations, the council may make recommendations to the
 1120  Governor for consideration by the Legislative Budget Commission.
 1121         (6) REPORTS.—The council shall report annually on its
 1122  activities, on or before December 31 of each calendar year, to
 1123  the Governor, the President of the Senate, the Speaker of the
 1124  House of Representatives, and the chairs of the committees
 1125  having principal jurisdiction over domestic security in the
 1126  Senate and the House of Representatives.
 1127         (7) AGENCY DESIGNATION.—For purposes of this section, the
 1128  Domestic Security Oversight Council shall be considered a
 1129  criminal justice agency within the definition of s. 119.011(4).
 1130         Section 18. Paragraph (g) of subsection (2) and paragraph
 1131  (a) of subsection (3) of section 943.325, Florida Statutes, are
 1132  amended, and paragraph (f) is added to subsection (7) of that
 1133  section, to read:
 1134         943.325 DNA database.—
 1135         (2) DEFINITIONS.—As used in this section, the term:
 1136         (g) “Qualifying offender” means any person, including
 1137  juveniles and adults, who is:
 1138         1.a. Committed to a county jail;
 1139         b. Committed to or under the supervision of the Department
 1140  of Corrections, including persons incarcerated in a private
 1141  correctional institution operated under contract pursuant to s.
 1142  944.105;
 1143         c. Committed to or under the supervision of the Department
 1144  of Juvenile Justice;
 1145         d. Transferred to this state under the Interstate Compact
 1146  on Juveniles, part XIII of chapter 985; or
 1147         e. Accepted under Article IV of the Interstate Corrections
 1148  Compact, part III of chapter 941; and who is:
 1149         2.a. Convicted of any felony offense or attempted felony
 1150  offense in this state or of a similar offense in another
 1151  jurisdiction;
 1152         b. Convicted of a misdemeanor violation of s. 784.048, s.
 1153  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
 1154  offense that was found, pursuant to s. 874.04, to have been
 1155  committed for the purpose of benefiting, promoting, or
 1156  furthering the interests of a criminal gang as defined in s.
 1157  874.03; or
 1158         c. Arrested for any felony offense or attempted felony
 1159  offense in this state; or
 1160         d. In the custody of a law enforcement agency and is
 1161  subject to an immigration detainer issued by a federal
 1162  immigration agency.
 1163         (3) COLLECTION OF SAMPLES.—
 1164         (a) Each qualifying offender shall submit a DNA sample at
 1165  the time he or she is booked into a jail, correctional facility,
 1166  or juvenile facility. A person who becomes a qualifying offender
 1167  solely because of the issuance of an immigration detainer by a
 1168  federal immigration agency must submit a DNA sample when the law
 1169  enforcement agency having custody of the offender receives the
 1170  detainer.
 1171         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
 1172         (f) A law enforcement agency having custody of a person who
 1173  becomes a qualifying offender solely because of the issuance of
 1174  an immigration detainer by a federal immigration agency shall
 1175  ensure that a DNA sample is taken from the offender immediately
 1176  after the agency receives the detainer and shall secure and
 1177  transmit the sample to the department in a timely manner.
 1178         Section 19. Paragraph (m) of subsection (3) of section
 1179  394.9082, Florida Statutes, is amended to read:
 1180         394.9082 Behavioral health managing entities.—
 1181         (3) DEPARTMENT DUTIES.—The department shall:
 1182         (m) Collect and publish, and update annually, all of the
 1183  following information on its website for each managing entity:
 1184         1. All compensation earned or awarded, whether paid or
 1185  accrued, regardless of contingency, by position, for any
 1186  employee, and any other person compensated through a contract
 1187  for services whose services include those commonly associated
 1188  with a chief executive, chief administrator, or other chief
 1189  officer of a business or corporation, who receives compensation
 1190  from state-appropriated funds in excess of 150 percent of the
 1191  annual salary paid to the secretary of the department. For
 1192  purposes of this paragraph, the term “employee” means a person
 1193  filling an authorized and established position who performs
 1194  labor or services for a public or private employer in exchange
 1195  for salary, wages, or other remuneration has the same meaning as
 1196  in s. 448.095(1).
 1197         2. The most recent 3 years of the Return of Organization
 1198  Exempt from Income Tax, Internal Revenue Service Form 990 and
 1199  related documents filed with the Internal Revenue Service,
 1200  auditor reports, and annual reports for each managing entity or
 1201  affiliated entity.
 1202         Section 20. Paragraph (a) of subsection (4) of section
 1203  409.996, Florida Statutes, is amended to read:
 1204         409.996 Duties of the Department of Children and Families.
 1205  The department shall contract for the delivery, administration,
 1206  or management of care for children in the child protection and
 1207  child welfare system. In doing so, the department retains
 1208  responsibility for the quality of contracted services and
 1209  programs and shall ensure that, at a minimum, services are
 1210  delivered in accordance with applicable federal and state
 1211  statutes and regulations and the performance standards and
 1212  metrics specified in the strategic plan created under s.
 1213  20.19(1).
 1214         (4)(a) The department shall collect and publish on its
 1215  website, and annually update, all of the following information
 1216  for each lead agency under contract with the department:
 1217         1. All compensation earned or awarded, whether paid or
 1218  accrued, regardless of contingency, by position, for any
 1219  employee, and any other person who is compensated through a
 1220  contract for services whose services include those commonly
 1221  associated with a chief executive, chief administrator, or other
 1222  chief officer of a business or corporation, who receives
 1223  compensation from state-appropriated funds in excess of 150
 1224  percent of the annual salary paid to the secretary of the
 1225  department. For purposes of this paragraph, the term “employee”
 1226  means a person filling an authorized and established position
 1227  who performs labor or services for a public or private employer
 1228  in exchange for salary, wages, or other remuneration has the
 1229  same meaning as in s. 448.095.
 1230         2. All findings of the review under subsection (3).
 1231         Section 21. For the 2023-2024 fiscal year, the nonrecurring
 1232  sum of $12 million from the General Revenue Fund is appropriated
 1233  to the Division of Emergency Management within the Executive
 1234  Office of the Governor for the Unauthorized Alien Transport
 1235  Program.
 1236         Section 22. Except as otherwise expressly provided in this
 1237  act and except for this section, which shall take effect upon
 1238  this act becoming a law, this act shall take effect July 1,
 1239  2023.

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