Florida § 908.105 Duties related to immigration detainers

Florida Statutes

§ 908.105 — Duties related to immigration detainers

Florida § 908.105

TitleXLVII

Ch. 908FEDERAL IMMIGRATION ENFORCEMENT

This text of Florida § 908.105 (Duties related to immigration detainers) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 908.105 (2026).

Text

(1)A law enforcement agency that has custody of a person subject to an immigration detainer issued by a federal immigration agency shall:

(a)Provide to the judge authorized to grant or deny the person’s release on bail under chapter 903 notice that the person is subject to an immigration detainer.

(b)Record in the person’s case file that the person is subject to an immigration detainer.

(c)Upon determining that the immigration detainer is in accordance with s. 908.102(2), comply with the requests made in the immigration detainer.

(d)Notify the state attorney that the person is subject to an immigration detainer.

(2)A law enforcement agency is not required to perform a duty imposed by paragraph (1)(a) or paragraph (1)(b) with respect to a person who is transferred to the custody of t

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(1) A law enforcement agency that has custody of a person subject to an immigration detainer issued by a federal immigration agency shall: (a) Provide to the judge authorized to grant or deny the person’s release on bail under chapter 903 notice that the person is subject to an immigration detainer. (b) Record in the person’s case file that the person is subject to an immigration detainer. (c) Upon determining that the immigration detainer is in accordance with s. 908.102(2), comply with the requests made in the immigration detainer. (d) Notify the state attorney that the person is subject to an immigration detainer.

(2) A law enforcement agency is not required to perform a duty imposed by paragraph (1)(a) or paragraph (1)(b) with respect to a person who is transferred to the custody of the agency by another law enforcement agency if the transferring agency performed that duty before the transfer.

(3) A judge who receives notice that a person is subject to an immigration detainer shall cause the fact to be recorded in the court record, regardless of whether the notice is received before or after a judgment in the case.

(4)(a) If any county, district, authority, municipality, or other local government adopts an ordinance, a regulation, a rule, or a policy refusing to comply with or otherwise directing local officials, employees, or others to refuse to comply with an immigration detainer issued by a federal immigration agency, the Attorney General must initiate judicial proceedings in the name of the state in order to enforce compliance. The court, upon finding noncompliance with this subsection, shall declare invalid the improper ordinance, regulation, rule, or policy and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, rule, or policy. It is not a defense that in enacting the ordinance, regulation, rule, or policy the local government was acting in good faith or upon advice of counsel. (b) If the court determines that a violation was knowing and willful, the court must assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred. (c) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this subsection.