Florida Senate - 2008 (Reformatted) SB 540
By Senators Baker and Posey
A bill to be entitled
An act relating to illegal aliens; providing definitions;
requiring law enforcement officers, sheriffs, chief
correctional officers, and clerks of the circuit court to
report to the Immigration and Customs Enforcement office
of the United States Department of Homeland Security
suspected illegal aliens who are arrested, detained, or
convicted of a felony; requiring law enforcement agencies
to provide written notice to each law enforcement officer
of the officer's duty to cooperate with federal officials
with regards to federal immigration laws; requiring the
Office of the Attorney General, the Department of Law
Enforcement, and all state and local law enforcement
agencies to vigorously pursue all opportunities to collect
federal funds to which the state may be entitled for the
reimbursement of moneys spent to enforce federal
immigration laws; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Illegal aliens; reporting to federal officials.-
(1) As used in this section, the term:
(a) "County or municipal detention facility" has the same
meaning as in s. 951.23, Florida Statutes.
(b) "Law enforcement officer" has the same meaning as in s.
943.10, Florida Statutes.
(c) "Law enforcement agency" means any agency or unit of
government which has authority to employ or appoint law
(2)(a) If a law enforcement officer has probable cause to
believe that a person arrested for a felony offense is not
legally present in the United States, the officer shall report
that person to the Immigration and Customs Enforcement office of
the United States Department of Homeland Security.
(b) If a person arrested for a felony offense is detained
in a county or municipal detention facility and the sheriff or
chief correctional officer reasonably believes that the person is
not legally present in the United States, the sheriff or chief
correctional officer shall report that person to the Immigration
and Customs Enforcement office of the United States Department of
(c) A judge of the circuit court shall direct the clerk of
the circuit court to notify the Immigration and Customs
Enforcement office of the United States Department of Homeland
Security when a suspected alien has been convicted of or pleaded
guilty to a felony.
(3)(a) Each law enforcement agency shall provide written
notice to its law enforcement officers of each officer's duty to
cooperate with federal officials with regards to enforcing
federal laws governing immigration.
(b) Each law enforcement agency shall provide written
confirmation to the Department of Law Enforcement by March 1 of
each year that it has provided the notice to each officer
employed by the agency.
(4) The Office of the Attorney General, the Department of
Law Enforcement, and all state and local law enforcement agencies
shall vigorously pursue all opportunities to collect all federal
funds to which the state may be entitled for the reimbursement of
moneys spent to enforce federal immigration laws.
Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.
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