December 14, 2017
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Florida Senate - 2008 (Reformatted) SB 540

By Senators Baker and Posey

20-00550-08 2008540__

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A bill to be entitled

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An act relating to illegal aliens; providing definitions;

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requiring law enforcement officers, sheriffs, chief

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correctional officers, and clerks of the circuit court to

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report to the Immigration and Customs Enforcement office

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of the United States Department of Homeland Security

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suspected illegal aliens who are arrested, detained, or

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convicted of a felony; requiring law enforcement agencies

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to provide written notice to each law enforcement officer

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of the officer's duty to cooperate with federal officials

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with regards to federal immigration laws; requiring the

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Office of the Attorney General, the Department of Law

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Enforcement, and all state and local law enforcement

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agencies to vigorously pursue all opportunities to collect

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federal funds to which the state may be entitled for the

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reimbursement of moneys spent to enforce federal

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immigration laws; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Illegal aliens; reporting to federal officials.-

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

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     (a) "County or municipal detention facility" has the same

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meaning as in s. 951.23, Florida Statutes.

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     (b) "Law enforcement officer" has the same meaning as in s.

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943.10, Florida Statutes.

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     (c) "Law enforcement agency" means any agency or unit of

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government which has authority to employ or appoint law

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enforcement officers.

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     (2)(a) If a law enforcement officer has probable cause to

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believe that a person arrested for a felony offense is not

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legally present in the United States, the officer shall report

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that person to the Immigration and Customs Enforcement office of

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the United States Department of Homeland Security.

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     (b) If a person arrested for a felony offense is detained

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in a county or municipal detention facility and the sheriff or

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chief correctional officer reasonably believes that the person is

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not legally present in the United States, the sheriff or chief

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correctional officer shall report that person to the Immigration

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and Customs Enforcement office of the United States Department of

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Homeland Security.

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     (c) A judge of the circuit court shall direct the clerk of

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the circuit court to notify the Immigration and Customs

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Enforcement office of the United States Department of Homeland

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Security when a suspected alien has been convicted of or pleaded

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guilty to a felony.

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     (3)(a) Each law enforcement agency shall provide written

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notice to its law enforcement officers of each officer's duty to

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cooperate with federal officials with regards to enforcing

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federal laws governing immigration.

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     (b) Each law enforcement agency shall provide written

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confirmation to the Department of Law Enforcement by March 1 of

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each year that it has provided the notice to each officer

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employed by the agency.

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     (4) The Office of the Attorney General, the Department of

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Law Enforcement, and all state and local law enforcement agencies

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shall vigorously pursue all opportunities to collect all federal

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funds to which the state may be entitled for the reimbursement of

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moneys spent to enforce federal immigration laws.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.

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