CHAPTER 908

908.101 Legislative findings and intent.

History. — s. 1, ch. 2019-102.

908.102

Definitions.

(1) “Federal immigration agency” means the United States Department of Justice and the United States Department of Homeland Security, a division within such an agency, including United States Immigration and Customs Enforcement and United States Customs and Border Protection, any successor agency, and any other federal agency charged with the enforcement of immigration law.

(2) “Immigration detainer” means a facially sufficient written or electronic request issued by a federal immigration agency using that agency’s official form to request that another law enforcement agency detain a person based on probable cause to believe that the person to be detained is a removable alien under federal immigration law, including detainers issued pursuant to 8 U.S.C. ss. 1226 and 1357 along with a warrant described in paragraph (c). For purposes of this subsection, an immigration detainer is deemed facially sufficient if:

(3) “Inmate” means a person in the custody of a law enforcement agency.

(4) “Law enforcement agency” means an agency in this state charged with enforcement of state, county, municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departments, sheriffs’ offices, state police departments, state university and college police departments, county correctional agencies, and the Department of Corrections.

(5) “Local governmental entity” means any county, municipality, or other political subdivision of this state.

(6) “Sanctuary policy” means a law, policy, practice, procedure, or custom adopted or allowed by a state entity or local governmental entity which prohibits or impedes a law enforcement agency from complying with 8 U.S.C. s. 1373 or which prohibits or impedes a law enforcement agency from communicating or cooperating with a federal immigration agency so as to limit such law enforcement agency in, or prohibit the agency from:

(7) “State entity” means the state or any office, board, bureau, commission, department, branch, division, or institution thereof, including institutions within the State University System and the Florida College System.

History. — s. 1, ch. 2019-102; s. 2, ch. 2022-193; s. 15, ch. 2025-1.

908.103 Sanctuary policies prohibited.

History. — s. 1, ch. 2019-102.

908.1031 State Board of Immigration Enforcement; creation; purpose and duties.

(1) The State Board of Immigration Enforcement is created within the Department of Law Enforcement, composed of the Governor and Cabinet, which shall be referred to as “the board.” The Governor and Cabinet shall serve as the agency head of the board. The board shall be a separate budget entity and shall be exempt from s. 20.052. All board action shall be by unanimous vote. The board shall not be subject to control, supervision, or direction of the Department of Law Enforcement in any manner.

(2) The board shall appoint an executive director to assist in the implementation of its responsibilities.

(3) The board is the chief immigration enforcement officer of the state and shall:

(4) The State Board of Immigration Enforcement may adopt rules necessary to implement this section.

(5) The Department of Law Enforcement must provide administrative support to the State Board of Immigration Enforcement.

History. — s. 16, ch. 2025-1.

908.1032 State Immigration Enforcement Council.

(1) The council must be composed of eight members. The Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture each must appoint one police chief. The President of the Senate and the Speaker of the House of Representatives must each appoint two sheriffs. The State Board of Immigration Enforcement must unanimously elect a sheriff from among the council’s membership to serve as chair.

(2)(

a) Members shall be appointed to terms of 4 years. Any vacancy shall be filled within 2 weeks after such a vacancy by appointment by the original appointing authority for the unexpired portion of the term. For the purpose of providing staggered terms, the initial appointments by the Cabinet shall be for a term of 2 years.

(3) The first meeting of the council shall be held no later than April 1, 2025. Thereafter, the council must meet quarterly. Additional meetings may be held at the discretion of the chair. A majority of members of the council constitutes a quorum. Council meetings may be conducted by teleconference or other electronic means.

(4) The council shall:

(5) The Department of Law Enforcement must provide administrative support to the State Immigration Enforcement Council.

History. — s. 17, ch. 2025-1.

908.1033 Local Law Enforcement Immigration Grant Program.

(1) The Local Law Enforcement Immigration Grant Program is created within the State Board of Immigration Enforcement to award grants to support local law enforcement agencies, which include chief correctional officers operating county detention facilities, in their cooperation and coordination with federal immigration agencies in the enforcement of federal immigration laws. The board shall award any funds specifically appropriated for the program to reimburse expenses or issue bonus payments as provided in this section.

(2) A local law enforcement agency may apply to the State Board of Immigration Enforcement for reimbursement of expenses incurred in its cooperation and coordination with federal immigration agencies in the enforcement of federal immigration laws. Reimbursements may be requested for the following eligible expenses:

2 (3)(

a) A local law enforcement agency may apply to the State Board of Immigration Enforcement to provide bonus payments for the agency’s local law enforcement officers who participate in United States Department of Homeland Security at-large task force operations. The local law enforcement agency may apply for a bonus of up to $1,000 for each local law enforcement officer employed within that agency. The local law enforcement agency must certify to the board that the local law enforcement officer participated in one or more operations and provide any information required by the board.

Eligible participation does not include operations occurring solely at state correctional facilities or county detention facilities.

(4)(

a) Grants shall be awarded on a first-come, first-served basis based on the date the State Board of Immigration Enforcement received each completed application. The board shall establish application procedures and eligibility requirements to request reimbursement of eligible expenses or to provide bonus payments, after considering recommendations of the State Immigration Enforcement Council related to funding criteria.

(5) The total amount of grants awarded may not exceed funding appropriated for the grant program. In order to efficiently and effectively disburse the funds, the State Board of Immigration Enforcement may not duplicate benefits and grants may not be awarded to pay for any activity for which the agency has received or expects to receive federal or other funding.

(6) Local law enforcement agencies shall assist the State Board of Immigration Enforcement with the collection of any data necessary to determine bonus payment amounts and to distribute the bonus payments and shall otherwise provide the board with any information or assistance needed to fulfill the requirements of this section.

(7) The State Board of Immigration Enforcement shall adopt rules to implement this section. The rules shall establish procedures to implement and carry out this section, including a process for reviewing and taking action on the grant applications in bulk or as part of a consent calendar. The rules shall include application requirements and establish supporting documentation necessary for the board to make decisions. The rules may allow for the executive director to approve grants of up to $25,000 without board approval.

History. — s. 18, ch. 2025-1; s. 56, ch. 2025-199.

908.104 Cooperation with federal immigration authorities.

(1) Consistent with all duties created in state and federal law, state and local law enforcement agencies and any official responsible for directing or supervising such agency shall use best efforts to support the enforcement of federal immigration law. This subsection applies to an official, representative, agent, or employee of the entity or agency only when he or she is acting within the scope of his or her official duties or within the scope of his or her employment.

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

(3) A state entity, local governmental entity, or law enforcement agency may not prohibit or in any way restrict a law enforcement officer from executing or assisting in the execution of a lawful judicial warrant.

(4)(

a) For purposes of this subsection, the term “applicable criminal case” means a criminal case in which:

(5) When a county correctional facility or the Department of Corrections receives verification from a federal immigration agency that a person subject to an immigration detainer is in the law enforcement agency’s custody, the agency may securely transport the person to a federal facility in this state or to another point of transfer to federal custody outside the jurisdiction of the law enforcement agency.

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

(6) Upon request from a federal immigration agency, a sheriff or chief correctional officer operating a county detention facility must provide the requesting federal immigration agency a list of all inmates booked into a county detention facility and any information regarding each inmate’s immigration status.

(7) This

section does not require a state entity, local governmental entity, or law enforcement agency to provide a federal immigration agency with information related to a victim of or a witness to a criminal offense if:

(8) A state entity, local governmental entity, or law enforcement agency that, pursuant to subsection (7), withholds information regarding the immigration information of a victim of or witness to a criminal offense shall document the victim’s or witness’s cooperation in the entity’s or agency’s investigative records related to the offense and shall retain the records for at least 10 years for the purpose of audit, verification, or inspection by the Auditor General.

(9) This

section does not authorize a law enforcement agency to detain an alien unlawfully present in the United States pursuant to an immigration detainer solely because the alien witnessed or reported a crime or was a victim of a criminal offense.

(10) This

section does not apply to any alien unlawfully present in the United States if he or she is or has been a necessary witness or victim of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tampering, provided that such crime was committed in the United States. Documentation, including, but not limited to, police reports, testimony, sworn statements, or a victim impact statement, must be relied upon to verify that the person was a necessary witness or victim to the crime.

History. — s. 1, ch. 2019-102; s. 12, ch. 2023-40; s. 19, ch. 2025-1.

908.105 Duties related to immigration detainers.

(1) A law enforcement agency that has custody of a person subject to an immigration detainer issued by a federal immigration agency shall:

(2) A law enforcement agency is not required to perform a duty imposed by paragraph (1)(

a) or paragraph (1)(

b) with respect to a person who is transferred to the custody of the agency by another law enforcement agency if the transferring agency performed that duty before the transfer.

(3) A judge who receives notice that a person is subject to an immigration detainer shall cause the fact to be recorded in the court record, regardless of whether the notice is received before or after a judgment in the case.

(4)(

a) If any county, district, authority, municipality, or other local government adopts an ordinance, a regulation, a rule, or a policy refusing to comply with or otherwise directing local officials, employees, or others to refuse to comply with an immigration detainer issued by a federal immigration agency, the Attorney General must initiate judicial proceedings in the name of the state in order to enforce compliance.

The court, upon finding noncompliance with this subsection, shall declare invalid the improper ordinance, regulation, rule, or policy and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, rule, or policy. It is not a defense that in enacting the ordinance, regulation, rule, or policy the local government was acting in good faith or upon advice of counsel.

History. — s. 1, ch. 2019-102; s. 20, ch. 2025-1.

908.106 Reimbursement of costs.

History. — s. 1, ch. 2019-102.

908.107 Enforcement.

(1) Any executive or administrative state, county, or municipal officer who violates his or her duties under this

chapter may be subject to action by the Governor, including potential suspension from office, in the exercise of his or her authority under the State Constitution and state law. Pursuant to s. 1(b), Art. IV of the State Constitution, the Governor may initiate judicial proceedings in the name of the state against such officers to enforce compliance with any duty under this

chapter or restrain any unauthorized act contrary to this chapter.

(2) In addition, the Attorney General may file suit against a local governmental entity or local law enforcement agency in a court of competent jurisdiction for declaratory or injunctive relief for a violation of this chapter.

(3) If a local governmental entity or local law enforcement agency violates this chapter, the court must enjoin the unlawful sanctuary policy. The court has continuing jurisdiction over the parties and subject matter and may enforce its orders with the initiation of contempt proceedings as provided by law.

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

History. — s. 1, ch. 2019-102; s. 21, ch. 2025-1.

908.108 Education records.

History. — s. 1, ch. 2019-102.

908.109 Discrimination prohibited.

History. — s. 1, ch. 2019-102.

908.11 Immigration enforcement assistance agreements; reporting requirement.

(1) The sheriff or the chief correctional officer operating a county detention facility must enter into a written agreement with the United States Immigration and Customs Enforcement to participate in the immigration program established under s. 287(

g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357. The State Board of Immigration Enforcement must approve the termination of any such agreement. This subsection does not require a sheriff or chief correctional officer operating a county detention facility to participate in a particular program model.

(2) Beginning no later than April 1, 2025, and until the sheriff or chief correctional officer operating a county detention facility enters into the written agreement required under subsection (1), each sheriff or chief correctional officer operating a county detention facility must notify the State Board of Immigration Enforcement quarterly of the status of such written agreement and any reason for noncompliance with this section, if applicable.

History. — s. 3, ch. 2022-193; s. 22, ch. 2025-1.

908.111 Prohibition against governmental entity contracts with common carriers; required termination provisions.

(1) As used in this section, the term:

(2) A governmental entity may not execute, amend, or renew a contract with a common carrier or contracted carrier if the carrier is willfully providing any service in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States.

(3) A contract between a governmental entity and a common carrier or contracted carrier which is executed, amended, or renewed on or after October 1, 2022, including a grant agreement or economic incentive program payment agreement, must include:

(4) The Department of Management Services shall develop by rule a common carrier and contracted carrier attestation form no later than August 30, 2022.

History. — s. 4, ch. 2022-193.

908.12 Transnational crime organizations; reclassification.

(1) As used in this section, the term “transnational crime organization” means an organization that routinely facilitates the international trafficking of drugs, humans, or weapons or the international smuggling of humans.

(2) The penalty for any misdemeanor or felony may be reclassified if the commission of such misdemeanor or felony was for the purpose of benefiting, promoting, or furthering the interests of a transnational crime organization. The reclassification is as follows:

History. — s. 2, ch. 2024-8.

908.13 Unauthorized Alien Transport Program.

(1) As used in this section, the term “unauthorized alien” has the same meaning as in s. 908.111.

(2) The Unauthorized Alien Transport Program is created within the Division of Emergency Management within the Executive Office of the Governor for the purpose of facilitating the transport of unauthorized aliens, consistent with federal law. In order for the division to provide such transport, all of the following requirements must be met:

(3) The

section is repealed June 30, 2027.

History. — s. 23, ch. 2025-1.