October 13, 2019
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       Florida Senate - 2010                                    SB 2162
       
       
       
       By Senator Storms
       
       
       
       
       10-01945-10                                           20102162__
    1                        A bill to be entitled                      
    2         An act relating to illegal aliens; creating s. 877.28,
    3         F.S.; prohibiting a person, knowingly or with reckless
    4         disregard of the law, from transporting or moving an
    5         illegal alien, concealing or harboring an illegal
    6         alien, or encouraging or inducing an illegal alien to
    7         enter or reside in this state; providing criminal
    8         penalties; providing that each violation of law is a
    9         separate offense; creating a rebuttable presumption
   10         when determining whether an alien is an illegal alien;
   11         requiring the Attorney General to negotiate with the
   12         United States Department of Homeland Security to
   13         designate law enforcement officers and others to act
   14         as qualified immigration officers; requiring such
   15         officers to have the knowledge and training to adhere
   16         to federal law relating to the functions of an
   17         immigration officer; requiring the act to be construed
   18         in a manner consistent with any applicable federal
   19         law; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 877.28, Florida Statutes, is created to
   24  read:
   25         877.28Illegal aliens; offenses concerning.—
   26         (1)A person may not:
   27         (a)Transport, move, or attempt to transport any illegal
   28  alien into or within this state knowing or in reckless disregard
   29  of the fact that the illegal alien has come to, entered, or
   30  remains in the United States in violation of law, or act in
   31  furtherance of such violation of law;
   32         (b)Conceal, harbor, or shield from detection, or attempt
   33  to conceal, harbor, or shield from detection, any illegal alien
   34  in any place, including any building or means of transportation,
   35  knowing or in reckless disregard of the fact that the illegal
   36  alien has come to, entered, or remains in the United States in
   37  violation of law; or
   38         (c)Encourage or induce an illegal alien to enter or reside
   39  in this state, knowing or in reckless disregard of the fact that
   40  such entry or residence is or will be in violation of law.
   41         (2)(a)A person who violates subsection (1) commits a
   42  misdemeanor of the first degree, punishable as provided in s.
   43  775.082 or s. 775.083.
   44         (b)If the violation of subsection (1) is done for the
   45  purpose of commercial advantage or private financial gain, the
   46  person commits a felony in the third degree, punishable as
   47  provided in s. 775.082, s. 775.083, or s. 775.084.
   48         (c)If, during the course of a violation of subsection (1),
   49  the person causes great bodily harm or places another at risk of
   50  great bodily harm, the person commits a felony of the second
   51  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   52  775.084.
   53         (3)A person commits a separate offense for each illegal
   54  alien he or she transports, conceals, or encourages to enter or
   55  reside in this state in violation of this section.
   56         (4)For purposes of this section, verification by a
   57  representative of the agency of the Federal Government
   58  responsible for the enforcement of immigration laws that an
   59  alien has come to, entered, or remains in the United States in
   60  violation of law creates a rebuttable presumption that the alien
   61  is an illegal alien as a matter of law.
   62         Section 2. Performance of functions of immigration officers
   63  by state officers and employees.—
   64         (1)The Attorney General shall negotiate the terms of a
   65  memorandum of understanding between this state and the United
   66  States Department of Homeland Security providing for the
   67  designation of officers or employees of the state, or a
   68  political subdivision of the state, as qualified to perform the
   69  functions of an immigration officer in relation to the
   70  investigation, apprehension, or detention of aliens in the
   71  United States, including the transportation of such aliens
   72  across state lines to detention centers.
   73         (2)The agreement under this section shall provide that
   74  officers or employees designated as qualified to perform the
   75  functions of an immigration officer shall have the knowledge and
   76  training to adhere to federal law relating to that function.
   77         (3)The terms of the memorandum of understanding to be
   78  negotiated shall be in accord with 8 U.S.C. s. 1357(g)
   79  regulating the content and operation of such agreements.
   80         (4)This section does not require the existence of an
   81  agreement under this section in order for an officer or employee
   82  of this state or a political subdivision of this state to
   83  communicate with the Federal Government regarding the
   84  immigration status of any individual, or to otherwise cooperate
   85  with the Federal Government in the identification, apprehension,
   86  detention, or removal of aliens not lawfully present in the
   87  United States.
   88         Section 3. This act shall be construed and interpreted in a
   89  manner that is consistent with any applicable federal law.
   90         Section 4. This act shall take effect July 1, 2010.

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