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Legislative Action Recap
Governor DeSantis originally called for a Special Session to address multiple issues, including immigration, condominium regulations, disaster relief for agriculture, and the My Safe Florida Home program. However, in a surprising move, legislative leaders opted to convene their own Special Session, focusing exclusively on immigration policy. Over the past two weeks, the Legislature and the Governor continued to work on a new proposal that has received the approval of all involved.
Immigration Bill Summary: Local Government Impacts
SB 2C (Gruters) enhances statewide efforts to enforce federal immigration laws. The bill creates the State Board of Immigration Enforcement, composed of the Governor and Cabinet, to serve as a resource for the federal government to enforce federal immigration laws. The bill establishes the State Immigration Enforcement Council and the Local Law Enforcement Immigration Grant Program. Key municipal impacts of the bill include:
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Sanctuary Policy: The bill further defines a “sanctuary policy” as any law, custom, or procedure that restricts a law enforcement agency from carrying out a lawful warrant or participating in a federal immigration operation allowed under state law. It also prohibits state and local government entities, as well as law enforcement agencies, from preventing or limiting officers from executing or assisting with judicial warrants.
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State Board of Immigration Enforcement: The bill creates the state board of immigration enforcement within the Department of Law Enforcement (FDLE), comprised of the Governor and the Cabinet. The “board” shall serve as the agency head and all board actions shall be unanimous. The board is the chief immigration officer of the state and will:
- Serve as a resource and coordinate with all federal immigration enforcement and law enforcement
- Monitor local government compliance with requirements under the law
- Administer the local law enforcement immigration grant
- Collect data from all law enforcement agencies involved, and by December 15 each year, submit a report to the Senate President and Speaker of the House detailing the level of cooperation between the federal government immigration agencies and state and local entities
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State Immigration Enforcement Council: The legislation creates a new council, within the State Board of Immigration Enforcement to advise the board. The “council” will be comprised of eight members, with four police chiefs being appointed, one appointment for each cabinet member, and the Speaker of the House and the Senate President each appointing two sheriffs. The council will aid the board in guidance on efforts and enforcement of federal immigration laws within the state.
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Local Law Enforcement Immigration Grant Program: The bill allocates $250 million to reimburse local law enforcement agencies for expenses or bonus payments. For those law enforcement officers participating in certain Department of Homeland Security operations, bonuses of up to $1,000 will be permitted.
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Mandatory Compliance with Immigration Detainers: The bill mandates that any law enforcement agency holding an individual subject to a federal immigration detainer must notify the state attorney. It requires the Attorney General to take legal action against local governments that adopt policies refusing to comply with federal immigration detainers. If a court finds a local government in violation, it must invalidate the policy and issue a permanent injunction against its enforcement. The bill prohibits local governments from claiming a good faith defense or reliance on legal counsel. Additionally, if the court determines the violation was knowing and willful, it may impose a $5,000 fine on the responsible elected or appointed official or agency head.
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