What's in the bill? DeSantis, Legislature compromise on Florida immigration legislation
The Florida Legislature and Gov. Ron DeSantis have come up with a compromise on an immigration bill . And while much of it is still the same, there are a few big changes.
It's the second time the legislature has tried to meet DeSantis in the middle. Both say their version of an immigration agenda is delivering on President Donald Trump's promises of "mass deportation" of millions of immigrants, among other things, but there were pretty big differences in what they wanted.
Namely, who was going to be the liaison between the state government and the feds regarding immigration.
DeSantis called the bill "weak, weak, weak" and criticized the legislature on social media , but now the two branches have called another special session – the third in the last month – to pass what lawmakers are calling "strong policies" to provide support for the president's "efforts to combat illegal immigration efficiently and effectively."
This compromise, a group of three bills all sponsored by Sen. Joe Gruters, R-Sarasota, and Rep. Lawrence McClure, R-Dover, addresses that and more.
"By working together with the Governor towards a shared goal, these proposals and appropriations ensure Florida continues to lead by example with the strongest crackdown on illegal immigration in the nation," Senate President Ben Albritton and House Speaker Danny Perez said in a memo on Monday night.
Cabinet control over immigration
One of the sticking points for DeSantis in the Legislature's "Tackling & Reforming Unlawful Migration Policy," or TRUMP Act, was giving the responsibility of being the state's chief immigration officer to the statewide-elected agriculture commissioner.
Not only did this pull power from the governor's office, according to DeSantis, but it was also putting "the fox guarding the henhouse ," creating a conflict of interest given what he suggested was the agriculture industry's affinity for cheap, illegal foreign labor.
On social media, DeSantis and his staff attacked Agriculture Commissioner Wilton Simpson, a Trilby Republican, with the governor bashing his voting record, saying he "voted to give drivers licenses and in-state tuition to illegals."
The new bill ( SB 2C/HB 1C ) creates a State Board of Immigration Enforcement that still includes the agriculture commissioner but also includes the governor, attorney general and chief financial officer as decision-making partners. All decisions must be approved unanimously.
It's worth noting, however, that DeSantis will appoint the next attorney general and state CFO: He's already said his chief of staff, James Uthmeier, will replace Ashley Moody as AG now that she is a U.S. senator.
And current CFO Jimmy Patronis is expected to win a bid for a congressional seat in the Panhandle this April, creating another vacancy on the Florida Cabinet.
Mandatory death penalty
One part of the TRUMP Act was pulled out entirely and separated into its own bill. Its inclusion in the original measure may be why some Republican senators didn't vote for it.
That bill (SB 4C/HB 3C) would make the death penalty mandatory for an immigrant who entered the country illegally if they are convicted of a capital offense, like murder or child rape.
But it also creates state-level crimes for illegally entering or reentering the state of Florida. A person convicted of this offense must be sentenced to a mandatory minimum term of imprisonment of nine months, according to the bill analysis.
Drop in cost
While the TRUMP Act costs about a half-billion dollars, this new immigration package costs around $285 million, about half as much.
Most of that money, or $250 million, goes to the Local Law Enforcement Immigration Grant Program, which will be used to give grants to support local law enforcement agencies in their cooperation and coordination with federal immigration agencies.
It also creates 89 full-time positions in state government, mostly in the Florida Department of Agriculture, "to enhance interdiction activities and protect the borders of this state," also according to the bill analysis.
Refusing to comply will result in fines
DeSantis originally wanted to mandate law enforcement's compliance with immigration officials and create penalties, including suspension of officials, if they didn't comply.
But that was walked back by lawmakers, with Albritton in particular saying he did not support creating criminal penalties against front-line officers. Instead, the bill said the penalty would be a $5,000 fine.
The TRUMP Act also held almost everyone accountable if they didn't cooperate with the federal government "to thefullest extent possible," including: "Every state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government and any other public or private agency, person, partnership, corporation, or business entity contracted with or otherwise acting on behalf of any public agency."
The new legislative package limits the $5,000 penalty for "county, district, authority, municipality or other local government" if they adopt a policy that refuses to comply with federal law.
It's a big change from previous language that worried some state employees, including teachers who felt like they would have to individually cooperate with U.S. Immigration and Customs Enforcement in public schools.
Ana Goñi-Lessan, state watchdog reporter for the USA TODAY Network – Florida, can be reached at agonilessan@gannett.com .
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This article originally appeared on Tallahassee Democrat: DeSantis, Legislature agree on immigration. So what's in the bill?
