Immigration (Driver Licenses & IDs)

Unauthorized Aliens; Prohibits unauthorized aliens from receiving certain licensing or certification, financial assistance, & claim reimbursement; requires certain procedures, instruction, & testing to be conducted in English; prohibits alternate language accommodations; requires employers & licensees to verify employment eligibility & citizenship status, respectively, before taking certain actions; provides civil cause of action & criminal penalty; provides penalties; authorizes certain complaints; requires Office of Financial Regulation to conduct random audits; creates rebuttable presumption against unauthorized out-of-state drivers; provides exemptions & standard of proof; provides requirements for law enforcement officers, DHSMV, insurers, & OIR; provides administrative penalties; authorizes private cause of action; prohibits certain financial institutions from accepting certain forms of personal identification.

Unauthorized Aliens; Prohibiting the Department of Financial Services from issuing a license or certification to unauthorized aliens; authorizing a county to require a borrower to provide proof of being lawfully present in the United States; authorizing the Division of Risk Management to approve or deny claims relating to a minor who is an unauthorized alien; requiring that certain procedures, instruction, and testing be conducted in English; prohibiting certain entities and corporations from providing down payment assistance to unauthorized aliens, etc.

Fee Waivers; Specifies that requirement for certain universities, colleges, career centers, & charter technical career centers to waive out-of-state fees for certain students applies to students who are undocumented for federal immigration purposes.

Commercial Motor Vehicles Operated by Unauthorized Aliens; Provides requirements for commercial motor vehicle operators; requires sworn law enforcement officers with certain authority to take into custody persons determined to be unauthorized aliens operating commercial motor vehicles & facilitate transfer of such persons into custody of federal immigration agency; requires impoundment & removal of commercial motor vehicle; requires such officers to immediately provide certain notification & information to FHP; provides that motor carriers are liable for certain civil penalties; prohibits release of certain impounded commercial motor vehicles unless certain penalties are paid or bonds are posted & certain costs are paid; requires Office of Commercial Vehicle Enforcement to issue certain out-of-service orders; authorizes office to issue such orders to & impose civil penalties upon motor carriers; provides that certain motor carriers are subject to certain penalties; requires approval of such orders by director of Division of FHP or his or her designee; provides circumstances under which such orders may be removed; provides for payment of certain penalties to CFO, who shall credit funds to State Transportation Trust Fund for distribution to FHP to fund certain training & technology.

Fee Waivers; Specifying that a requirement for certain universities, colleges, career centers, and charter technical career centers to waive out-of-state fees for certain students applies to students who are undocumented for federal immigration purposes, etc.

State Immigration Enforcement Action Database; Requiring the State Board of Immigration Enforcement to create and administer the State Immigration Enforcement Action Database; requiring that the database be accessible through a publicly available website and be searchable; requiring law enforcement agencies and entities contracting for private correctional services in this state to submit to the board specified information within a specified timeframe after detaining or arresting a person for specified reasons, etc.

U-visa Certification Policy; Specifies duties of certifying officials from certifying agencies concerning certification forms in support of U-visa applications; provides rebuttable presumption; requires certifying official from certifying agency that denies certification to provide petitioner with specified written notice; requires certifying agencies to grant or deny requests for certifications within specified timeframes; authorizes applicants to petition circuit court if certifying agency fails to respond within those timeframes; prohibits certifying agencies & certifying officials from disclosing immigration status of victims or persons seeking certification; provides initial & annual reporting requirements; provides immunity for certifying officials; specifies duties of certifying agencies.

Immigration, Law Enforcement, and State-issued Identification; Citing this act as the “Florida Economic Prosperity and Immigration Act”; requiring proof of a specified identification number for certain applicants for a driver license; prohibiting the Department of Highway Safety and Motor Vehicles from disclosing or making accessible certain photographs and related information to any agency that primarily enforces immigration law or to any employee or agent of such agency; deleting the requirement for certain private employers to use the E-Verify system; providing that discrimination based on a person’s immigration status is unlawful; requiring covered immigration officers to wear specified visible identification during public immigration enforcement functions, etc.

Immigration, Law Enforcement, and State-issued Identification; Creates Office for New Americans in Department of Commerce; provides requirements for Office for New Americans; provides that discrimination based on person's immigration status is unlawful; revises provisions of law relating to driver licenses, licensing, E-Verify System, the practice of law, federal immigration detainers, law enforcement agencies, DNA samples, education, & reclassification of penalties based on a person's immigration status; removes provisions of law relating to hospital patient data collection, human smuggling, sanctuary policies, duties relating to immigration detainees, reimbursement of costs, & sentence of death for capital offense committed by unauthorized alien; prohibits law enforcement agencies or officers, sheriff's deputies, & federal immigration agencies from engaging in certain immigration enforcement activities within a specified distance of public or private schools, child care facilities, or religious institutions; requires immigration officers to wear specified visible identification; prohibits law enforcement & immigration officers from wearing face coverings in performance of their official duties; requires specified advance notice be given to sheriff; provides criminal penalties; prohibits children from being denied free public education based on immigration status.

Violation of State Immigration Law ; Requires FDLE to impose fine for certain violations; requires moneys be used for specified purpose; defines "unauthorized alien"; authorizes department to develop program to compensate certain persons; provides requirements to receive compensation; defines "unauthorized alien"; creates cause of action against certain local governmental entities & law enforcement agencies; requires plaintiff to prove certain elements by preponderance of evidence; provides that state waives sovereign immunity for liability in certain circumstances.