Florida Senate - 2024 SB 1598 By Senator Torres 25-01589-24 20241598__ Page 1 of 45 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to immigration and immigrants; 2 providing a

short title; providing legislative intent; 3 amending s. 117.107, F.S.; prohibiting notary publics 4 from using specified terms to describe themselves in 5 certain circumstances; repealing s. 395.3027, F.S., 6 relating to patient immigration status data collection 7 by hospitals; amending s. 402.307, F.S.; specifying 8 that a child’s immigration status may not be a reason 9 for denying licensure of a child-caring agency; 10 amending s. 448.095, F.S.; deleting a requirement that 11 certain private employers use the E-Verify system to 12 verify a new employee’s eligibility to work; deleting 13 a requirement that an employer discontinue employing a 14 person after learning that the person is or has become 15 an unauthorized alien; revising requirements for 16 public agency contracting; amending s. 760.01, F.S.; 17 adding freedom from discrimination because of 18 immigration status to the purposes of the Florida 19 Civil Rights Act of 1992; requiring the state and its 20 political subdivisions to accept identification 21 documents issued by certain entities; requiring the 22 Department of Commerce to establish criteria for a 23 specified program relating to identification 24 documents; amending s. 454.021, F.S.; deleting 25 provisions relating to licenses to practice law for 26 certain unauthorized immigrants; deleting the future 27 repeal of specified provisions; providing that, unless 28 required by federal law, a person’s immigration status 29

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 2 of 45 CODING: Words stricken are deletions; words underlined are additions. alone may not determine the person’s ability to obtain 30 professional or occupational licenses in the state; 31 repealing s. 787.07, F.S., relating to human 32 smuggling; amending s. 908.11, F.S.; prohibiting law 33 enforcement agencies from entering into or renewing 34 certain agreements with the United States Immigration 35 and Customs Enforcement; revising a reporting 36 requirement; amending s. 908.102, F.S.; providing and 37 revising

definitions; repealing s. 908.103, F.S., 38 relating to a prohibition on sanctuary policies; 39 amending s. 908.104, F.S.; deleting provisions 40 relating to support of federal immigration law by law 41 enforcement agencies; revising the definition of the 42 term “applicable criminal case”; revising provisions 43 concerning cooperation with federal immigration 44 authorities by correctional facilities; repealing s. 45 908.105, F.S., relating to duties of law enforcement 46 agencies related to immigration detainers; repealing 47 s. 908.106, F.S., relating to reimbursement of costs 48 of housing certain persons subject to immigration 49 detainers; amending s. 908.107, F.S.; providing for 50 the award of damages for certain violations; deleting 51 provisions concerning violations of provisions 52 relating to sanctuary policies; repealing s. 908.111, 53 F.S., relating to a prohibition against governmental 54 entity contracts with common carriers; creating s. 55 908.112, F.S.; specifying duties of certain officials 56 concerning certification of certain activities in 57 support of visa applications; providing a rebuttable 58

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 3 of 45 CODING: Words stricken are deletions; words underlined are additions. presumption; creating s. 908.113, F.S.; prohibiting 59 certain persons from offering certain services 60 concerning assistance in immigration matters; 61 requiring certain persons and businesses offering 62 immigration assistance to make a required disclosure; 63 providing exceptions; amending s. 943.325, F.S.; 64 revising provisions relating to collection of DNA 65 samples from persons held on immigration detainers; 66 amending s. 1002.31, F.S.; providing for preferential 67 treatment in controlled open enrollment to specified 68 children; amending s. 1003.21, F.S.; specifying that 69 the immigration status of certain children does not 70 affect access to public schools; amending s. 1009.26, 71 F.S.; revising requirements for certain fee waivers; 72 amending s. 1009.40, F.S.; providing that a student 73 may not be denied classification as a resident for 74 purposes of receiving state financial aid awards based 75 solely upon his or her immigration status if certain 76 requirements are met; amending ss. 456.074, 480.041, 77 480.043, 775.30, 794.056, 921.0022, and 938.085, F.S.; 78 conforming provisions to changes made by the act; 79 providing effective dates. 80 81 Be It Enacted by the Legislature of the State of Florida: 82 83

Section 1.

(1) This act may be cited as the “Welcoming 84 Florida Act.” 85

(2) It is the intent of the Legislature to show that 86 although the administration of immigration is exceedingly 87

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 4 of 45 CODING: Words stricken are deletions; words underlined are additions. complex and regulating immigration is the role of the Federal 88 Government, Florida should do its part by welcoming, valuing, 89 and upholding the dignity of all immigrants who call the 90 Sunshine State home. 91

Section 2. Subsection (13) is added to

section 117.107, 92 Florida Statutes, to read: 93 117.107 Prohibited acts.— 94

(13) A notary public, who does not hold an active license 95 to practice law in a state of the United States and is not 96 otherwise permitted to practice law or represent others under 97 federal law in an immigration matter, may not use the term 98 notario publico, notario, immigration assistant, immigration 99 consultant, immigration specialist, or any other designation or 100 title, in any language, which conveys or implies that he or she 101 possesses professional legal skills in immigration law, when 102 advertising his or her notary public services. 103

Section

Section 395.3027, Florida Statutes, is repealed. 104

Section 4. Subsection (6) is added to

section 402.307, 105 Florida Statutes, to read: 106 402.307 Approval of licensing agency.— 107

(6) The immigration status of a child, whether 108 unaccompanied or otherwise, including unaccompanied alien 109 children, may not be a reason a prospective or established 110 licensed child-caring agency is denied a license or license 111 renewal. 112

Section 5. Subsection (2), paragraph (

a) of subsection (4), 113 subsection (5), and paragraph (

a) of subsection (6) of

section 114 448.095, Florida Statutes, are amended to read: 115 448.095 Employment eligibility.— 116

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(2) EMPLOYMENT VERIFICATION.— 117 (

a) An employer shall verify each new employee’s employment 118 eligibility within 3 business days after the first day that the 119 new employee begins working for pay as required under 8 C.F.R. 120 s. 274a. 121 (b)1. A public agency shall use the E-Verify system to 122 verify a new employee’s employment eligibility as required under 123 paragraph (a). 124 2. Beginning on July 1, 2023, a private employer with 25 or 125 more employees shall use the E-Verify system to verify a new 126 employee’s employment eligibility as required under paragraph 127 (a). 128 2.3.

Each employer required to use the E-Verify system 129 under this paragraph must certify on its first return each 130 calendar year to the tax service provider that it is in 131 compliance with this

section when making contributions to or 132 reimbursing the state’s unemployment compensation or 133 reemployment assistance system. An employer that voluntarily 134 uses the E-Verify system may also make such a certification on 135 its first return each calendar year in order to document such 136 use. 137 (

c) If the E-Verify system is unavailable for 3 business 138 days after the first day that the new employee begins working 139 for pay and an employer cannot access the system to verify a new 140 employee’s employment eligibility, the employer must use the 141 Employment Eligibility Verification form (Form I-9) to verify 142 employment eligibility. The unavailability of the E-Verify 143 system does not bar the employer from using the rebuttable 144 presumption established in paragraph (4)(a). An employer must 145

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 6 of 45 CODING: Words stricken are deletions; words underlined are additions. document the unavailability of the E-Verify system by retaining 146 a screenshot from each day which shows the employer’s lack of 147 access to the system, a public announcement that the E-Verify 148 system is not available, or any other communication or notice 149 recorded by the employer regarding the unavailability of the 150 system. 151 (

d) The employer must retain a copy of the documentation 152 provided and any official verification generated, if applicable, 153 for at least 3 years. 154 (

e) An employer may not continue to employ an unauthorized 155 alien after obtaining knowledge that a person is or has become 156 an unauthorized alien. 157 (e)(

f) An employee leasing company licensed under

part XI 158 of

chapter 468 which enters into a written agreement or 159 understanding with a client company which places the primary 160 obligation for compliance with this

section upon the client 161 company is not required to verify employment eligibility of any 162 new employees of the client company. In the absence of a written 163 agreement or understanding, the employee leasing company is 164 responsible for compliance with this section. Such employee 165 leasing company shall, at all times, remain an employer as 166 otherwise defined in federal laws or regulations. 167

(4) DEFENSES.— 168 (

a) An employer that uses the E-Verify system or, if that 169 system is unavailable, the Employment Eligibility Verification 170 form (Form I-9) as provided in paragraph (2)(c), with respect to 171 the employment of an unauthorized alien has established a 172 rebuttable presumption that the employer has not violated s. 173 448.09 with respect to such employment. 174

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(5) PUBLIC AGENCY CONTRACTING.— 175 (

a) A public agency must require in any contract that the 176 contractor, and any subcontractor thereof, register with and use 177 the E-Verify system or the Employment Eligibility Verification 178 form (Form I-9) to verify the work authorization status of all 179 new employees of the contractor or subcontractor. A public 180 agency or a contractor or subcontractor thereof may not enter 181 into a contract unless each party to the contract registers with 182 and uses the E-Verify system. 183 (

b) If a contractor enters into a contract with a 184 subcontractor, the subcontractor must provide the contractor 185 with an affidavit stating that the subcontractor does not 186 employ, contract with, or subcontract with an unauthorized 187 alien. The contractor shall maintain a copy of such affidavit 188 for the duration of the contract. 189 (c)1. A public agency, contractor, or subcontractor who has 190 a good faith belief that a person or an entity with which it is 191 contracting has knowingly violated s. 448.09(1) shall terminate 192 the contract with the person or entity. 193 2.

A public agency that has a good faith belief that a 194 subcontractor knowingly violated this subsection, but the 195 contractor otherwise complied with this subsection, shall 196 promptly notify the contractor and order the contractor to 197 immediately terminate the contract with the subcontractor. 198 3. A contract terminated under this paragraph is not a 199 breach of contract and may not be considered as such.

If a 200 public agency terminates a contract with a contractor under this 201 paragraph, the contractor may not be awarded a public contract 202 for at least 1 year after the date on which the contract was 203

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 8 of 45 CODING: Words stricken are deletions; words underlined are additions. terminated. A contractor is liable for any additional costs 204 incurred by a public agency as a result of the termination of a 205 contract. 206 (

d) A public agency, contractor, or subcontractor may file 207 a cause of action with a circuit or county court to challenge a 208 termination under paragraph (

c) no later than 20 calendar days 209 after the date on which the contract was terminated. 210

(6) COMPLIANCE.— 211 (

a) In addition to the requirements under s. 288.061(6), 212 beginning on July 1, 2024, if the Department of Economic 213 Opportunity determines that an employer failed to use the E-214 Verify system or the Employment Eligibility Verification form 215 (Form I-9) to verify the employment eligibility of employees as 216 required under this section, the department must notify the 217 employer of the department’s determination of noncompliance and 218 provide the employer with 30 days to cure the noncompliance. 219

Section 6. Subsection (2) of

section 760.01, Florida 220 Statutes, is amended to read: 221 760.01 Purposes; construction; title.— 222

(2) The general purposes of the Florida Civil Rights Act of 223 1992 are to secure for all individuals within the state freedom 224 from discrimination because of race, color, religion, sex, 225 pregnancy, national origin, age, handicap, immigration status, 226 or marital status and thereby to protect their interest in 227 personal dignity, to make available to the state their full 228 productive capacities, to secure the state against domestic 229 strife and unrest, to preserve the public safety, health, and 230 general welfare, and to promote the interests, rights, and 231 privileges of individuals within the state. 232

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Section 7.

(1) In order to encourage the safety of law 233 enforcement, first responders, medical and hospital staff, 234 children, school officials, and all residents of the state, the 235 State of Florida will recognize and accept identification 236 documents, including identification cards issued by 237 municipalities, counties, other political subdivisions, and 238 nongovernmental organizations that have been approved by 239 municipalities, counties, and other political subdivisions. 240

(2) The Department of Commerce shall establish criteria for 241 participation in this program and will create a recurring grant 242 for Fiscal Year 2024-2025 of $5 million from the General Revenue 243 Fund to assist political subdivisions in the creation of their 244 respective programs. 245

Section 8. Effective upon this act becoming a law, 246 subsection (3) of

section 454.021, Florida Statutes, is amended 247 to read: 248 454.021 Attorneys; admission to practice law; Supreme Court 249 to govern and regulate.— 250

(3) Upon certification by the Florida Board of Bar 251 Examiners that an applicant or petitioner who has fulfilled all 252 requirements for admission to practice law in this state who is 253 an unauthorized immigrant who was brought to the United States 254 as a minor; has been present in the United States for more than 255 10 years; has received documented employment authorization from 256 the United States Citizenship and Immigration Services (USCIS); 257 has been issued a social security number; if a male, has 258 registered with the Selective Service System if required to do 259 so under the Military Selective Service Act, 50 U.S.C.

App. 453; 260 and has fulfilled all requirements for admission to practice law 261

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 10 of 45 CODING: Words stricken are deletions; words underlined are additions. in this state, the Supreme Court of Florida may admit that 262 applicant or petitioner, regardless of his or her immigration 263 status, as an attorney at law authorized to practice in this 264 state and may direct an order be entered upon the court’s 265 records to that effect. 266

Section

Section 8 of

chapter 2023-40, Laws of Florida, 267 is repealed. 268

Section 10. Notwithstanding any other law, and unless 269 required by federal law, a person’s immigration status alone 270 shall not determine the person’s ability to obtain a 271 professional or occupational license in the state. 272

Section

Section 787.07, Florida Statutes, is repealed. 273

Section

Section 908.11, Florida Statutes, is amended to 274 read: 275 908.11 Immigration enforcement assistance agreements; 276 reporting requirement.— 277

(1) By July January 1, 2024 2023, a each law enforcement 278 agency operating a county detention facility may not must enter 279 into or renew a written agreement with the United States 280 Immigration and Customs Enforcement to participate in the 281 immigration program established under s. 287(

g) of the 282 Immigration and Nationality Act, 8 U.S.C. s. 1357. This 283 subsection does not require a law enforcement agency to 284 participate in a particular program model. 285

(2) Beginning no later than May 1, 2025, any October 1, 286 2022, and until the law enforcement agency that has such an 287 agreement enters into the written agreement required under 288 subsection (1), each law enforcement agency operating a county 289 detention facility must notify the Department of Law Enforcement 290

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 11 of 45 CODING: Words stricken are deletions; words underlined are additions. as to the status of any active or pending agreement quarterly of 291 the status of such written agreement and any reason for 292 noncompliance with this section, if applicable. 293

Section

Section 908.102, Florida Statutes, is amended 294 to read: 295 908.102

Definitions.—As used in this chapter, the term: 296 (1) “Certification form” means the certification of a Form 297 I-918, Supplement B, U Nonimmigrant Status Certification as 298 required by 8 U.S.C. s. 1184(p). 299 (2) “Certifying agency” means a state or local law 300 enforcement agency, a prosecutor, a judge, or any other 301 governmental agency that has criminal, civil, administrative 302 investigative, or prosecutorial authority. 303 (3) “Certifying official” means any of the following: 304 (

a) The head of the certifying agency. 305 (

b) A person in a supervisory role who has been 306 specifically designated by the head of the certifying agency to 307 issue Form I-918 Supplement B certifications on behalf of that 308 agency. 309 (

c) A judge. 310 (

d) Any other certifying official described in 8 C.F.R. s. 311 214.14(a)(3). 312 (4)(1) “Federal immigration agency” means the United States 313 Department of Justice and the United States Department of 314 Homeland Security, a division within such an agency, including 315 United States Immigration and Customs Enforcement and United 316 States Customs and Border Protection, any successor agency, and 317 any other federal agency charged with the enforcement of 318 immigration law. 319

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 12 of 45 CODING: Words stricken are deletions; words underlined are additions. (5)(2) “Immigration detainer” means a written or electronic 320 request issued by a federal immigration agency using the federal 321 agency’s official form, such as a Form I-200 Warrant for Arrest 322 of Alien or a Form I-205 Warrant of Removal/Deportation, which 323 is accompanied by a warrant signed by a judge to request that a 324 state, local, federal, or military law enforcement agency detain 325 a person for an additional 48 hours after the person would 326 otherwise be released pursuant to charges being disposed of 327 through a finding of guilty or not guilty; when charges have 328 been dropped; when bail has been secured; or when a convicted 329 person has served his or her sentence a facially sufficient 330 written or electronic request issued by a federal immigration 331 agency using that agency’s official form to request that another 332 law enforcement agency detain a person based on probable cause 333 to believe that the person to be detained is a removable alien 334 under federal immigration law, including detainers issued 335 pursuant to 8 U.S.C. ss. 1226 and 1357 along with a warrant 336 described in paragraph (c).

For purposes of this subsection, an 337 immigration detainer is deemed facially sufficient if: 338 (

a) The federal immigration agency’s official form is 339 complete and indicates on its face that the federal immigration 340 official has probable cause to believe that the person to be 341 detained is a removable alien under federal immigration law; or 342 (

b) The federal immigration agency’s official form is 343 incomplete and fails to indicate on its face that the federal 344 immigration official has probable cause to believe that the 345 person to be detained is a removable alien under federal 346 immigration law, but is supported by an affidavit, order, or 347 other official documentation that indicates that the federal 348

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 13 of 45 CODING: Words stricken are deletions; words underlined are additions. immigration agency has probable cause to believe that the person 349 to be detained is a removable alien under federal immigration 350 law; and 351 (

c) The federal immigration agency supplies with its 352 detention request a Form I-200 Warrant for Arrest of Alien or a 353 Form I-205 Warrant of Removal/Deportation or a successor warrant 354 or other warrant authorized by federal law. 355 (6)(3) “Inmate” means a person in the custody of a law 356 enforcement agency. 357 (7)(4) “Law enforcement agency” means an agency in this 358 state charged with enforcement of state, county, municipal, or 359 federal laws or with managing custody of detained persons in 360 this state and includes municipal police departments, sheriffs’ 361 offices, state police departments, state university and college 362 police departments, county correctional agencies, and the 363 Department of Corrections. 364 (8)(5) “Local governmental entity” means any county, 365 municipality, or other political subdivision of this state. 366 (9) “Petitioner” means a person who requests a 367 certification, including indirect and bystander victims. 368 (10) “Qualifying criminal activity” means an offense for 369 which the elements are substantially similar to an offense 370 described in 8 U.S.C. s. 1101(a)(15)(U)(iii) or the attempt, 371 solicitation, or conspiracy to commit such an offense. 372 Qualifying criminal activity pursuant to s. 1011(a)(15)(U)(iii) 373 of the Immigration and Nationality Act includes, but is not 374 limited to, the following crimes: 375 (

a) Rape. 376 (

b) Torture. 377

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c) Human trafficking. 378 (

d) Incest. 379 (

e) Domestic violence. 380 (

f) Sexual assault. 381 (

g) Abusive sexual contact. 382 (

h) Prostitution. 383 (

i) Sexual Exploitation. 384 (

j) Female genital mutilation. 385 (

k) Being held hostage. 386 (

l) Peonage. 387 (

m) Perjury. 388 (

n) Involuntary servitude. 389 (

o) Slavery. 390 (

p) Kidnapping. 391 (

q) Abduction. 392 (

r) Unlawful criminal restraint. 393 (

s) False imprisonment. 394 (

t) Blackmail. 395 (

u) Extortion. 396 (

v) Manslaughter. 397 (

w) Murder. 398 (

x) Felonious assault. 399 (

y) Witness tampering. 400 (

z) Obstruction of justice. 401 (aa) Fraud in foreign labor contracting. 402 (bb) Stalking. 403 (6) “Sanctuary policy” means a law, policy, practice, 404 procedure, or custom adopted or allowed by a state entity or 405 local governmental entity which prohibits or impedes a law 406

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 15 of 45 CODING: Words stricken are deletions; words underlined are additions. enforcement agency from complying with 8 U.S.C. s. 1373 or which 407 prohibits or impedes a law enforcement agency from communicating 408 or cooperating with a federal immigration agency so as to limit 409 such law enforcement agency in, or prohibit the agency from: 410 (

a) Complying with an immigration detainer; 411 (

b) Complying with a request from a federal immigration 412 agency to notify the agency before the release of an inmate or 413 detainee in the custody of the law enforcement agency; 414 (

c) Providing a federal immigration agency access to an 415 inmate for interview; 416 (

d) Participating in any program or agreement authorized 417 under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 418 1357 as required by s. 908.11; 419 (

e) Providing a federal immigration agency with an inmate’s 420 incarceration status or release date; or 421 (

f) Providing information to a state entity on the 422 immigration status of an inmate or detainee in the custody of 423 the law enforcement agency. 424 (11)(7) “State entity” means the state or any office, 425 board, bureau, commission, department, branch, division, or 426 institution thereof, including institutions within the State 427 University System and the Florida College System. 428

Section

Section 908.103, Florida Statutes, is repealed. 429

Section 15. Subsections (1) and (2), paragraphs (

a) and (c) 430 of subsection (3), and subsections (4) and (6) of

section 431 908.104, Florida Statutes, are amended to read: 432 908.104 Cooperation with federal immigration authorities.— 433

(1) A law enforcement agency shall use best efforts to 434 support the enforcement of federal immigration law. This 435

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 16 of 45 CODING: Words stricken are deletions; words underlined are additions. subsection applies to an official, representative, agent, or 436 employee of the entity or agency only when he or she is acting 437 within the scope of his or her official duties or within the 438 scope of his or her employment. 439

(2) Except as otherwise expressly prohibited by federal 440 law, a state entity, local governmental entity, or law 441 enforcement agency, or an employee, an agent, or a 442 representative of the entity or agency, may not prohibit or in 443 any way restrict a law enforcement agency from taking any of the 444 following actions with respect to information regarding a 445 person’s immigration status: 446 (

a) Sending the information to or requesting, receiving, or 447 reviewing the information from a federal immigration agency for 448 purposes of this chapter. 449 (

b) Recording and maintaining the information for purposes 450 of this chapter. 451 (

c) Exchanging the information with a federal immigration 452 agency or another state entity, local governmental entity, or 453 law enforcement agency for purposes of this chapter. 454 (

d) Using the information to comply with an immigration 455 detainer. 456 (

e) Using the information to confirm the identity of a 457 person who is detained by a law enforcement agency. 458 (

f) Sending the applicable information obtained pursuant to 459 enforcement of s. 448.095 to a federal immigration agency. 460 (1)(a)(3)(

a) For purposes of this subsection, the term 461 “applicable criminal case” means a criminal case in which: 462 1. The judgment requires the defendant to be confined in a 463 secure correctional facility; and 464

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 17 of 45 CODING: Words stricken are deletions; words underlined are additions. 2. The judge: 465 a. Indicates in the record under s. 908.105 that the 466 defendant is subject to an immigration detainer; or 467 b. Otherwise indicates in the record that the defendant is 468 subject to a transfer into federal custody. 469 (

c) If the information specified in subparagraph (a)2. sub-470 subparagraph (a)2.a. or sub-subparagraph (a)2.b. is not 471 available at the time the sentence is pronounced in the case, 472 but is received by a law enforcement agency afterwards, the law 473 enforcement agency shall notify the judge who shall issue the 474 order described by paragraph (

b) as soon as the information 475 becomes available. 476 (2)

(4) To ensure compliance with Title VI of the 1964 Civil 477 Rights Act, when a county correctional facility or the 478 Department of Corrections receives verification from a federal 479 immigration agency that a person in its custody is subject to an 480 immigration detainer is in the law enforcement agency’s custody, 481 the agency must provide for a screening by a public defender in 482 the person’s preferred language to determine if he or she is or 483 has been a necessary witness or victim of a crime of domestic 484 violence, rape, sexual exploitation, sexual assault, murder, 485 manslaughter, assault, battery, human trafficking, kidnapping, 486 false imprisonment, involuntary servitude, fraud in foreign 487 labor contracting, blackmail, extortion, or witness tampering. 488 If the public defender determines the person is a necessary 489 witness or victim in an aforementioned act, the county 490 correctional facility or the Department of Corrections may 491 decline to comply with the federal immigration detainer. 492 Otherwise, the county correctional facility or Department of 493

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 18 of 45 CODING: Words stricken are deletions; words underlined are additions. Corrections may securely transport the person to a federal 494 facility in this state or to another point of transfer to 495 federal custody outside the jurisdiction of the law enforcement 496 agency.

The law enforcement agency may transfer a person who is 497 subject to an immigration detainer and is confined in a secure 498 correctional facility to the custody of a federal immigration 499 agency not earlier than 12 days before his or her release date. 500 A law enforcement agency shall obtain judicial authorization 501 before securely transporting an alien to a point of transfer 502 outside of this state. 503 (4)

(6) A state entity, local governmental entity, or law 504 enforcement agency that, pursuant to subsection (3) (5), 505 withholds information regarding the immigration information of a 506 victim of or witness to a criminal offense shall document the 507 victim’s or witness’s cooperation in the entity’s or agency’s 508 investigative records related to the offense and shall retain 509 the records for at least 10 years for the purpose of audit, 510 verification, or inspection by the Auditor General. 511

Section

Section 908.105, Florida Statutes, is repealed. 512

Section

Section 908.106, Florida Statutes, is repealed. 513

Section 18. Subsections (3) and (4) of

section 908.107, 514 Florida Statutes, are amended to read: 515 908.107 Enforcement.— 516

(3) A person or an entity may bring, in an appropriate 517 state court, an action against any state or local law 518 enforcement agency based on a violation of this

chapter to 519 recover for actual monetary loss from such a violation, or to 520 receive $100,000 in liquidated damages for each such violation, 521 whichever is greater, or both If a local governmental entity or 522

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 19 of 45 CODING: Words stricken are deletions; words underlined are additions. local law enforcement agency violates this chapter, the court 523 must enjoin the unlawful sanctuary policy. The court has 524 continuing jurisdiction over the parties and subject matter and 525 may enforce its orders with the initiation of contempt 526 proceedings as provided by law. 527

(4) An order approving a consent decree or granting an 528 injunction must include written findings of fact that describe 529 with specificity the existence and nature of the sanctuary 530 policy that violates this chapter. 531

Section

Section 908.111, Florida Statutes, is repealed. 532

Section

Section 908.112, Florida Statutes, is created 533 to read: 534 908.112 U-visa certification policy.— 535

(1) Upon the request of a petitioner or a victim’s family 536 member, a certifying official from a certifying agency shall 537 certify victim helpfulness on the Form I-918 Supplement B 538 certification when the victim was a victim of a qualifying 539 criminal activity and has been helpful, is being helpful, or is 540 likely to be helpful to the detection or investigation or 541 prosecution of that qualifying criminal activity. 542

(2) For purposes of determining helpfulness pursuant to 543 subsection (1), there is a rebuttable presumption that a victim 544 is helpful, has been helpful, or is likely to be helpful to the 545 detection or investigation or prosecution of that qualifying 546 criminal activity if the victim has not refused or failed to 547 provide information and assistance reasonably requested by law 548 enforcement. 549

(3) The certifying official shall fully complete and sign 550 the Form I-918 Supplement B certification and, regarding victim 551

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 20 of 45 CODING: Words stricken are deletions; words underlined are additions. helpfulness, include specific details about the nature of the 552 crime investigated or prosecuted and a detailed description of 553 the victim’s helpfulness or likely helpfulness to the detection 554 or investigation or prosecution of the criminal activity. The 555 certifying agency may not consider any other factors in deciding 556 whether to sign the certification form, except whether the 557 victim was a victim of qualifying criminal activity and the 558 victim’s helpfulness. 559

(4) A current investigation or an arrest, the filing of 560 charges, and a prosecution or conviction are not required for 561 the victim to request and obtain the Form I-918 Supplement B 562 certification from a certifying official. 563

(5) A certifying official may only withdraw the 564 certification if the victim refuses to provide information and 565 assistance when reasonably requested. 566 (6)(

a) If a certifying official or agency denies 567 certification under this section, the official or agency shall 568 in writing notify the petitioner of the reason for the denial. 569 The denial notification must contain the following information: 570 1. An internal case number that allows the certifying 571 agency to individually identify each certification request. 572 2. The date of the denial. 573 3. The reason for the denial must be of one of the 574 following: 575 a. Lack of qualifying criminal activity; 576 b. Lack of helpfulness; 577 c. Lack of jurisdiction over the certification request; or 578 d.

Other circumstances for which a certifying official or 579 agency may lawfully deny a certification. 580

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b) Upon receiving notice that a request for certification 581 under this

section is denied, a petitioner may provide 582 supplemental information to the certifying agency and request 583 that the certification denial be reviewed by the certifying 584 agency. 585 (

c) A petitioner may submit a new request for 586 certification, after a previous request is denied, to another 587 certifying agency for processing if the previous certifying 588 agency was involved in investigating the qualifying criminal 589 activity. 590 (

d) A certification agency shall keep a copy of a denial 591 notification for at least 3 years after the date of the 592 notification. 593 (7)(

a) Except under circumstances in which there is good 594 cause for delay, a certifying agency shall grant or deny a 595 request for certification: 596 1. Within 90 days after the date of the certification 597 request; or 598 2. Within 14 days after the date of the certification 599 request if the victim is in removal proceedings. 600 (

b) If a certifying agency fails to respond within the 601 statutory timeframe or refuses to certify that an applicant was 602 a victim of qualifying criminal activity, the applicant may 603 petition a circuit court to review the determination of the 604 certifying agency within 30 days after such determination or 605 within 30 days after the expiration of the statutory timeframe. 606 (

c) The circuit court shall conduct an evidentiary hearing 607 on such petition within 30 days after the filing of the 608 petition. Upon conducting a hearing and the circuit court being 609

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 22 of 45 CODING: Words stricken are deletions; words underlined are additions. satisfied that the applicant having proven his or her 610 eligibility for completion of a certification form by a 611 preponderance of the evidence and the circuit court having found 612 that the certifying agency’s refusal to sign was unreasonable, a 613 circuit court judge may execute the certification form. In 614 assessing the reasonableness of the certifying agency’s decision 615 or failure to respond, the circuit court may consider whether 616 the applicant has complied with the terms of this

section and 617 whether circumstances exist that would justify a deferral of a 618 decision, including whether a certification would jeopardize an 619 ongoing criminal investigation or prosecution or the safety of 620 an individual, cause a suspect to flee or evade detection, or 621 result in the destruction of evidence or whether the applicant’s 622 cooperation is not complete.

Upon finding that the certifying 623 agency denied the application without a factual or legal 624 justification or failed to respond to the applicant, the circuit 625 court shall make an award of reasonable costs and attorney fees 626 to a prevailing applicant. Such determination shall be without 627 prejudice to any future proceeding premised upon a material 628 change in circumstances. 629 (

d) Any petition filed under paragraph (b), along with the 630 record of all hearings and all other pleadings, papers filed, 631 and orders entered in connection with such petition, shall be 632 kept under seal by the clerk unless otherwise ordered by the 633 court. 634

(8) Certifying agencies and certifying officials are 635 prohibited from disclosing the immigration status of a victim or 636 person requesting the Form I-918 Supplement B certification, 637 except to comply with federal law or legal process or if 638

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 23 of 45 CODING: Words stricken are deletions; words underlined are additions. authorized by the victim or person requesting the Form I-918 639 Supplement B certification. 640

(9) A certifying agency that receives a request for a Form 641 I-918 Supplement B certification shall report to the Speaker of 642 the House of Representatives, the President of the Senate, and 643 the Governor on or before January 15, 2025, and annually 644 thereafter, the number of victims who requested Form I-918 645 Supplement B certifications from the agency, the number of those 646 certification forms that were signed, the number of those 647 certification forms that were denied, the number of pending 648 certifications on the date of the report, and the reason for 649 each denial. 650

(10) A certifying official is immune from civil and 651 criminal liability for, in good faith, certifying or denying 652 certification under this section. 653

(11) A certifying agency shall: 654 (

a) Designate a person or persons within the agency 655 responsible for processing requests for certification under this 656 section. 657 (

b) Develop written procedures for processing requests for 658 certification under this section. 659 (

c) Establish a process for each certifying agency to train 660 certifying officials and communicate with community-based 661 organizations and faith-based service providers about this 662 process. 663

Section

Section 908.113, Florida Statutes, is created 664 to read: 665 908.113 Fraud protection.— 666

(1) Persons, other than those licensed to practice law in a 667

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 24 of 45 CODING: Words stricken are deletions; words underlined are additions. state of the United States or otherwise permitted to practice 668 law or represent others under federal law in an immigration 669 matter, are prohibited from engaging in the practice of law in 670 an immigration matter for compensation. 671

(2) Persons, other than those licensed to practice law in a 672 state of the United States or otherwise permitted to practice 673 law or represent others under federal law in an immigration 674 matter, are prohibited from engaging in the following acts or 675 practices for compensation: 676 (

a) Advising or assisting another person in determining the 677 person’s legal or illegal status for the purpose of an 678 immigration matter. 679 (

b) Selecting, assisting another in selecting, or advising 680 another as to his or her answers on a government agency form or 681 document in an immigration matter. However, a person who 682 provides or offers to provide immigration assistance service may 683 perform the following services: 684 1. Completing a governmental agency form, requested by the 685 customer and appropriate to the customer’s needs, only if the 686 completion of that form does not involve a legal judgment for 687 that particular matter. 688 2.

Transcribing responses to a governmental agency form 689 that is related to an immigration matter, but not advising a 690 customer as to his or her answers on those forms. 691 3. Translating and interpreting information on forms for a 692 customer and translating the customer’s answers to questions 693 posed on those forms. 694 4. Securing for the customer supporting documents currently 695 in existence, such as birth and marriage certificates, which may 696

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 25 of 45 CODING: Words stricken are deletions; words underlined are additions. be needed to be submitted with governmental agency forms. 697 5. Translating documents from any language into English. 698 6. Notarizing signatures on government agency forms, if the 699 person performing the service is a notary public of the State of 700 Florida. 701 7. Making referrals, without fee, to an attorney who could 702 undertake legal representation for a person in an immigration 703 matter. 704 8.

Preparing or arranging for the preparation of 705 photographs and fingerprints. 706 9. Arranging for the performance of medical testing, 707 including X-rays and AIDS tests, and obtaining the results of 708 such test. 709 10. Conducting English language and civics courses. 710 11. Other services that the Attorney General determines by 711 rule may be appropriately performed by such person in furthering 712 the purposes of this section. 713 (

c) Selecting or assisting another in selecting, or 714 advising another in selecting, a benefit, visa, or program to 715 apply for in an immigration matter. 716 (

d) Soliciting to prepare documents for, or otherwise 717 representing the interests of, another in a judicial or 718 administrative proceeding in an immigration matter. 719 (

e) Explaining, advising, or otherwise interpreting the 720 meaning or intent of a question on a governmental agency form in 721 an immigration matter. 722 (

f) Charging a fee for referring another to a person 723 licensed to practice law. 724 (

g) Selecting, drafting, or completing legal documents 725

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 26 of 45 CODING: Words stricken are deletions; words underlined are additions. affecting the legal rights of another in an immigration matter. 726

(3) A person or business offering immigration services, 727 other than those holding an active license to practice law in 728 the state or otherwise permitted to practice law or represent 729 others under federal law in an immigration matter, must post 730 conspicuous notices on its main website and at its place of 731 business in English and every other language in which the person 732 or business provides or offers immigration assistance with the 733 following statement: 734 735 I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE 736 LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.

I AM NOT 737 ACCREDITED TO REPRESENT YOU BEFORE THE STATE OF FLORIDA, THE 738 UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, OR THE 739 IMMIGRATION BOARD OF APPEALS. 740 741

(4) Persons, other than those holding an active license to 742 practice law in a state of the United States or otherwise 743 permitted to practice law or represent others under federal law 744 in an immigration matter, are prohibited from engaging in the 745 following acts or practices, regardless of whether compensation 746 is sought: 747 (

a) Representing, either orally or in any document, 748 letterhead, advertisement, stationery, business card, website, 749 or other comparable written material, that he or she is a 750 notario publico, notario, immigration assistant, immigration 751 consultant, immigration specialist, or using any other 752 designation or title, in any language, that conveys or implies 753 that he or she possesses professional legal skills in the area 754

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 27 of 45 CODING: Words stricken are deletions; words underlined are additions. of immigration law. 755 (

b) Representing, in any language, either orally or in any 756 document, letterhead, advertisement, stationery, business card, 757 website, or other comparable written material, that he or she 758 can or is willing to provide services in an immigration matter, 759 if such services would constitute the practice of law. 760 (5)(

a) The prohibitions of subsections (1) through (4) do 761 not apply to the activities of nonlawyer assistants acting under 762 the supervision of a person holding an active license to 763 practice law in the state or otherwise permitted to practice law 764 or represent others under federal law in an immigration matter. 765 (

b) This

section does not prohibit a person from offering 766 translation or

interpretation services, regardless of whether 767 compensation is sought. Translating words contained on a 768 government form from English to another language and translating 769 a person’s words from another language to English does not 770 constitute the unauthorized practice of law. 771

Section 22. Paragraph (

a) of subsection (3) and paragraph 772 (

f) of subsection (7) of

section 943.325, Florida Statutes, are 773 amended to read: 774 943.325 DNA database.— 775

(3) COLLECTION OF SAMPLES.— 776 (

a) Each qualifying offender who is not a qualifying 777 offender solely because of the issuance of an immigration 778 detainer by a federal immigration agency shall submit a DNA 779 sample at the time he or she is booked into a jail, correctional 780 facility, or juvenile facility. However, a person who becomes a 781 qualifying offender solely because of the issuance of an 782 immigration detainer by a federal immigration agency must be 783

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 28 of 45 CODING: Words stricken are deletions; words underlined are additions. asked in writing, in his or her preferred language, if the 784 person consents or declines to submit a DNA sample when the law 785 enforcement agency having custody of such the offender receives 786 the detainer. A law enforcement agency may not forcibly extract 787 a DNA sample, and a person who becomes a qualifying offender 788 solely because of the issuance of an immigration detainer may 789 not be charged with a criminal offense for declining to submit a 790 DNA sample. 791

(7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.— 792 (

f) A law enforcement agency having custody of a person who 793 becomes a qualifying offender solely because of the issuance of 794 an immigration detainer by a federal immigration agency shall 795 ensure that a DNA sample is taken from the offender immediately 796 after the agency receives the detainer and shall secure and 797 transmit the sample to the department in a timely manner. 798

Section 23. Paragraph (

c) of subsection (2) of

section 799 1002.31, Florida Statutes, is amended to read: 800 1002.31 Controlled open enrollment; public school parental 801 choice.— 802 (2) 803 (

c) Each district school board must provide preferential 804 treatment in its controlled open enrollment process to all of 805 the following: 806 1. Dependent children of active duty military personnel 807 whose move resulted from military orders. 808 2. Children who have been relocated due to a foster care 809 placement in a different school zone. 810 3. Children who move due to a court-ordered change in 811 custody due to separation or divorce, or the serious illness or 812

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 29 of 45 CODING: Words stricken are deletions; words underlined are additions. death of a custodial parent. 813 4. Students residing in the school district. 814 5. Children and youths who are experiencing a lack of 815 housing and children known to the department, as defined in s. 816 39.0016(1). 817

Section 24. Paragraph (

f) of subsection (1) of

section 818 1003.21, Florida Statutes, is amended to read: 819 1003.21 School attendance.— 820 (1) 821 (

f) Children and youths who are experiencing homelessness, 822 regardless of their immigration status, and children who are 823 known to the department, as defined in s. 39.0016, must have 824 access to a free public education and must be admitted to the 825 school of their parent’s or guardian’s choice in the school 826 district in which they or their families live in accordance with 827 the rules set forth in s. 1002.31. School districts shall assist 828 such children in meeting the requirements of subsection (4) and 829 s. 1003.22, as well as local requirements for documentation. 830

Section 25. Paragraphs (a), (b), and (

c) of subsection (12) 831 of

section 1009.26, Florida Statutes, are amended to read: 832 1009.26 Fee waivers.— 833 (12)(

a) A state university, a Florida College System 834 institution, a career center operated by a school district under 835 s. 1001.44, or a charter technical career center shall waive 836 out-of-state fees for undergraduate and graduate students, 837 including, but not limited to, students who are undocumented for 838 federal immigration purposes, who meet the following conditions: 839 1. Attend Attended a secondary school in this state for 2 3 840 consecutive years immediately before graduating from a high 841

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 30 of 45 CODING: Words stricken are deletions; words underlined are additions. school in this state or successfully completing the requirements 842 for a high school equivalency diploma after 2 years of relevant 843 coursework; 844 2. Apply for enrollment in an institution of higher 845 education within 24 months after high school or undergraduate 846 school graduation; and 847 3. Submit an official Florida high school transcript as 848 evidence of attendance and graduation or evidence of having 849 completed the requirements for a high school equivalency 850 diploma. 851 (

b) Tuition and fees charged to a student who qualifies for 852 the out-of-state fee waiver under this subsection may not exceed 853 the tuition and fees charged to a resident student. The waiver 854 is applicable for 110 percent of the required credit hours of 855 the undergraduate or graduate degree or certificate program for 856 which the student is enrolled.

Each state university, Florida 857 College System institution, career center operated by a school 858 district under s. 1001.44, and charter technical career center 859 shall report to the Board of Governors and the State Board of 860 Education, respectively, the number and value of all fee waivers 861 granted annually under this subsection.

By October 1 of each 862 year, the Board of Governors for the state universities and the 863 State Board of Education for Florida College System 864 institutions, career centers operated by a school district under 865 s. 1001.44, and charter technical career centers shall annually 866 report for the previous academic year the percentage of resident 867 and nonresident students enrolled systemwide. 868 (

c) A state university student granted an out-of-state fee 869 waiver under this subsection must be considered a nonresident 870

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 31 of 45 CODING: Words stricken are deletions; words underlined are additions. student for purposes of calculating the systemwide total 871 enrollment of nonresident students as limited by regulation of 872 the Board of Governors. In addition, a student who is granted an 873 out-of-state fee waiver under this subsection is not eligible 874 for state financial aid under

part III of this

chapter and shall 875 must not be reported as a resident for tuition purposes. 876

Section 26. Paragraph (

a) of subsection (1) of

section 877 1009.40, Florida Statutes, is amended to read: 878 1009.40 General requirements for student eligibility for 879 state financial aid awards and tuition assistance grants.— 880 (1)(

a) The general requirements for eligibility of students 881 for state financial aid awards and tuition assistance grants 882 consist of the following: 883 1.

Achievement of the academic requirements of and 884 acceptance at a state university or Florida College System 885 institution; a nursing diploma school approved by the Florida 886 Board of Nursing; a Florida college or university which is 887 accredited by an accrediting agency recognized by the State 888 Board of Education; a Florida institution the credits of which 889 are acceptable for transfer to state universities; a career 890 center; or a private career institution accredited by an 891 accrediting agency recognized by the State Board of Education. 892 2.

Residency in this state for no less than 1 year 893 preceding the award of aid or a tuition assistance grant for a 894 program established pursuant to s. 1009.50, s. 1009.505, s. 895 1009.51, s. 1009.52, s. 1009.521, s. 1009.53, s. 1009.60, s. 896 1009.62, s. 1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s. 897 1009.89, or s. 1009.894. Residency in this state must be for 898 purposes other than to obtain an education. Resident status for 899

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 32 of 45 CODING: Words stricken are deletions; words underlined are additions. purposes of receiving state financial aid awards shall be 900 determined in the same manner as resident status for tuition 901 purposes pursuant to s. 1009.21. However, a student may not be 902 denied classification as a resident for purposes of receiving 903 state financial aid awards based solely upon his or her 904 immigration status if he or she has met the conditions for an 905 out-of-state fee waiver under s. 1009.26(12)(a). 906 3.

Submission of certification attesting to the accuracy, 907 completeness, and correctness of information provided to 908 demonstrate a student’s eligibility to receive state financial 909 aid awards or tuition assistance grants. Falsification of such 910 information shall result in the denial of a pending application 911 and revocation of an award or grant currently held to the extent 912 that no further payments shall be made.

Additionally, students 913 who knowingly make false statements in order to receive state 914 financial aid awards or tuition assistance grants commit a 915 misdemeanor of the second degree subject to the provisions of s. 916 837.06 and shall be required to return all state financial aid 917 awards or tuition assistance grants wrongfully obtained. 918

Section 27. Paragraph (

e) of subsection (4) and paragraph 919 (

i) of subsection (5) of

section 456.074, Florida Statutes, are 920 amended to read: 921 456.074 Certain health care practitioners; immediate 922 suspension of license.— 923

(4) The department shall issue an emergency order 924 suspending the license of a massage therapist or establishment 925 as defined in

chapter 480 upon receipt of information that the 926 massage therapist, a person with an ownership interest in the 927 establishment, or, for a corporation that has more than $250,000 928

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 33 of 45 CODING: Words stricken are deletions; words underlined are additions. of business assets in this state, the owner, officer, or 929 individual directly involved in the management of the 930 establishment has been convicted or found guilty of, or has 931 entered a plea of guilty or nolo contendere to, regardless of 932 adjudication, a violation of s. 796.07(2)(

a) which is 933 reclassified under s. 796.07(7) or a felony offense under any of 934 the following provisions of state law or a similar provision in 935 another jurisdiction: 936 (

e) Section 787.07, relating to human smuggling. 937

(5) The department shall issue an emergency order 938 suspending the license of any health care practitioner who is 939 arrested for committing or attempting, soliciting, or conspiring 940 to commit any act that would constitute a violation of any of 941 the following criminal offenses in this state or similar 942 offenses in another jurisdiction: 943 (

i) Section 787.07, relating to human smuggling. 944

Section 28. Paragraph (

e) of subsection (7) of

section 945 480.041, Florida Statutes, is amended to read: 946 480.041 Massage therapists; qualifications; licensure; 947 endorsement.— 948

(7) The board shall deny an application for a new or 949 renewal license if an applicant has been convicted or found 950 guilty of, or enters a plea of guilty or nolo contendere to, 951 regardless of adjudication, a violation of s. 796.07(2)(

a) which 952 is reclassified under s. 796.07(7) or a felony offense under any 953 of the following provisions of state law or a similar provision 954 in another jurisdiction: 955 (

e) Section 787.07, relating to human smuggling. 956

Section 29. Paragraph (

e) of subsection (8) of

section 957

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 34 of 45 CODING: Words stricken are deletions; words underlined are additions. 480.043, Florida Statutes, is amended to read: 958 480.043 Massage establishments; requisites; licensure; 959 inspection; human trafficking awareness training and policies.— 960

(8) The department shall deny an application for a new or 961 renewal license if an establishment owner or a designated 962 establishment manager or, for a corporation that has more than 963 $250,000 of business assets in this state, an establishment 964 owner, a designated establishment manager, or any individual 965 directly involved in the management of the establishment has 966 been convicted of or entered a plea of guilty or nolo contendere 967 to any misdemeanor or felony crime, regardless of adjudication, 968 related to prostitution or related acts as described in s. 969 796.07 or a felony offense under any of the following provisions 970 of state law or a similar provision in another jurisdiction: 971 (

e) Section 787.07, relating to human smuggling. 972

Section 30. Subsection (2) of

section 775.30, Florida 973 Statutes, is amended to read: 974 775.30 Terrorism; defined; penalties.— 975

(2) A person who violates s. 782.04(1)(a)1. or (2), s. 976 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 977 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, 978 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 979 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 980 859.01, or s. 876.34, in furtherance of intimidating or coercing 981 the policy of a government, or in furtherance of affecting the 982 conduct of a government by mass destruction, assassination, or 983 kidnapping, commits the crime of terrorism, a felony of the 984 first degree, punishable as provided in s. 775.082, s. 775.083, 985 or s. 775.084. 986

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 35 of 45 CODING: Words stricken are deletions; words underlined are additions.

Section 31. Subsection (1) of

section 794.056, Florida 987 Statutes, is amended to read: 988 794.056 Rape Crisis Program Trust Fund.— 989

(1) The Rape Crisis Program Trust Fund is created within 990 the Department of Health for the purpose of providing funds for 991 rape crisis centers in this state. Trust fund moneys shall be 992 used exclusively for the purpose of providing services for 993 victims of sexual assault.

Funds credited to the trust fund 994 consist of those funds collected as an additional court 995 assessment in each case in which a defendant pleads guilty or 996 nolo contendere to, or is found guilty of, regardless of 997 adjudication, an offense provided in s. 775.21(6) and (10)(a), 998 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 999 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 1000 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 1001 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 1002 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 1003 796.06; s. 796.07(2)(a)-(

d) and (i); s. 800.03; s. 800.04; s. 1004 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 1005 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 1006 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), 1007 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust 1008 fund also shall include revenues provided by law, moneys 1009 appropriated by the Legislature, and grants from public or 1010 private entities. 1011

Section 32. Paragraph (

d) of subsection (3) of

section 1012 921.0022, Florida Statutes, is amended to read: 1013 921.0022 Criminal Punishment Code; offense severity ranking 1014 chart.— 1015

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 36 of 45 CODING: Words stricken are deletions; words underlined are additions.

(3) OFFENSE SEVERITY RANKING CHART 1016 (

d) LEVEL 4 1017 1018 Florida Statute Felony Degree Description 1019 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 1020 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 1021 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 1022 517.07(1) 3rd Failure to register securities. 1023 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 1024 784.031 3rd Battery by strangulation.

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 37 of 45 CODING: Words stricken are deletions; words underlined are additions. 1025 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 1026 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 1027 784.075 3rd Battery on detention or commitment facility staff. 1028 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 1029 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 1030 784.081(3) 3rd Battery on specified official or employee. 1031 784.082(3) 3rd Battery by detained person on visitor or other detainee. 1032 784.083(3) 3rd Battery on code inspector. 1033 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 38 of 45 CODING: Words stricken are deletions; words underlined are additions. 1034 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 1035 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 1036 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 1037 787.07 3rd Human smuggling. 1038 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 1039 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 1040 790.115(2)(c) 3rd Possessing firearm on school property. 1041

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 39 of 45 CODING: Words stricken are deletions; words underlined are additions. 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 1042 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 1043 806.135 2nd Destroying or demolishing a memorial or historic property. 1044 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 1045 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 1046 810.06 3rd Burglary; possession of tools. 1047 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 1048 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 1049 812.014 3rd Grand theft, 3rd degree;

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 40 of 45 CODING: Words stricken are deletions; words underlined are additions. (2)(c)4. & 6.-10. specified items. 1050 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 1051 817.505(4)(a) 3rd Patient brokering. 1052 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 1053 817.568(2)(a) 3rd Fraudulent use of personal identification information. 1054 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 1055 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 1056 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 1057 828.125(1) 2nd Kill, maim, or cause great

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 41 of 45 CODING: Words stricken are deletions; words underlined are additions. bodily harm or permanent breeding disability to any registered horse or cattle. 1058 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 1059 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 1060 837.02(1) 3rd Perjury in official proceedings. 1061 837.021(1) 3rd Make contradictory statements in official proceedings. 1062 838.022 3rd Official misconduct. 1063 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 1064 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 1065

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 42 of 45 CODING: Words stricken are deletions; words underlined are additions. 843.021 3rd Possession of a concealed handcuff key by a person in custody. 1066 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 1067 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 1068 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 1069 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 1070 870.01(3) 2nd Aggravated rioting. 1071 870.01(5) 2nd Aggravated inciting a riot. 1072 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 1073

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 43 of 45 CODING: Words stricken are deletions; words underlined are additions. 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs). 1074 914.14(2) 3rd Witnesses accepting bribes. 1075 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 1076 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 1077 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 1078 918.12 3rd Tampering with jurors. 1079 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 1080 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 1081

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 44 of 45 CODING: Words stricken are deletions; words underlined are additions. 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility. 1082

Section

Section 938.085, Florida Statutes, is amended 1083 to read: 1084 938.085 Additional cost to fund rape crisis centers.—In 1085 addition to any sanction imposed when a person pleads guilty or 1086 nolo contendere to, or is found guilty of, regardless of 1087 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 1088 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 1089 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1090 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 1091 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1092 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 1093 796.07(2)(a)-(

d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 1094 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 1095 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 1096 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and 1097 (14)(c); or s. 985.701(1), the court shall impose a surcharge of 1098 $151. Payment of the surcharge shall be a condition of 1099 probation, community control, or any other court-ordered 1100 supervision. The sum of $150 of the surcharge shall be deposited 1101 into the Rape Crisis Program Trust Fund established within the 1102 Department of Health by

chapter 2003-140, Laws of Florida. The 1103 clerk of the court shall retain $1 of each surcharge that the 1104

Florida Senate - 2024 SB 1598 25-01589-24 20241598__ Page 45 of 45 CODING: Words stricken are deletions; words underlined are additions. clerk of the court collects as a service charge of the clerk’s 1105 office. 1106

Section 34. Except as otherwise expressly provided in this 1107 act and except for this section, which shall take effect upon 1108 this act becoming a law, this act shall take effect July 1, 1109 2024. 1110