Fla. Admin. Code R. 11QER25-2
(3) A local law enforcement agency may be eligible for reimbursement of costs through the grant program only for purposes provided in Emergency Rule 11QER25-3, F.A.C., and only if the local law enforcement agency attests and verifies compliance with all applicable statutory obligations found in Chapter 908, Florida Statutes, and the reporting requirements set forth in this rule chapter.
(a) Pursuant to the Board’s data collection requirements as described in s. 908.1031(3)(e), F.S., any local law enforcement agency seeking reimbursement through this grant program must attest and verify that it collects and reports the following individualized data points on interactions with suspected unauthorized aliens in accordance with the policies and procedures of the law enforcement officer’s employing agency when a suspected unauthorized alien is encountered to the Department through an electronic platform the Department agrees to at least by the 15th day of each subsequent month:
1. For the date of contact; the date of contact between the unauthorized alien and the local law enforcement agency.
2. For the contacting agency:
a. Name of the agency that is reporting the contact
b. Name and title of the contacting law enforcement officer.
3. The location of the unauthorized alien contact:
a. the city or unincorporated area in which an encounter between an unauthorized alien and a local law enforcement officer took place.
b. the county in which an encounter between an unauthorized alien and a local law enforcement officer took place.
c. the address at which an encounter between an unauthorized alien and a local law enforcement officer took place.
4. Personal identifying information of the unauthorized alien contact, to include:
a. The unauthorized alien’s first name.
b. The unauthorized alien’s middle name.
c. The unauthorized alien’s last name.
d. The unauthorized alien’s country of citizenship.
e. The unauthorized alien’s Alien Registration Number (if applicable).
f. The unauthorized alien’s date of birth.
g. The unauthorized alien’s sex.
5. Current contact information for the unauthorized alien contact, to include:
a. A complete street address with city, state, and zip code.
b. A current telephone number.
6. Contact information, to include; a street address for the unauthorized alien contact’s current employer.
7. Identified or suspected criminal gang affiliations of the unauthorized alien contact.
8. Vehicle information associated with the unauthorized alien contact, to include:
a. A description of the vehicle.
b. Registration information for the vehicle.
c. License plate information for the vehicle.
9. Criminal history information of the unauthorized alien contact, identified as either “yes” or “no.”
10. Information regarding whether citizenship was verified with Immigration and Customs Enforcement. For response, the agency shall provide a “yes” or “no” response.
11. Criminal arrest information for the unauthorized alien contact arising from the encounter, if applicable, to include:
a. information regarding criminal charges listed in order of severity.
b. Information describing whether Immigration and Customs Enforcement was contacted during the encounter.
c. If Immigration and Customs Enforcement was contacted during the encounter, whether personnel from that agency responded.
d. If Immigration and Customs Enforcement personnel did not respond, the local law enforcement agency will provide a narrative describing the reasons provided.
12. A photograph of the unauthorized alien contact that provides a clear image of the contact’s face and neck. A photograph is not necessary if a jail facility takes a booking photograph of the unauthorized alien contact subsequent to a criminal arrest.
(b) Pursuant to the Board’s data collection requirements as described in s. 908.1031(3)(e), F.S., any local law enforcement agency seeking reimbursement through this grant program must attest and verify that it collects and reports the following summary data to the Department through an electronic platform the Department agrees to at least by the 15th day of each subsequent month:
1. The total number of law enforcement officers maintaining an active designated immigration officer status each month through the Task Force Model under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357.
2. The number of immigration investigations conducted by a participating agency’s designated immigration officers each month while duly cross sworn as a designated immigration officer through the Task Force Model under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357.
3. The number of immigration investigations conducted by a participating agency’s designated immigration officers that results in an arrest while such officers are duly cross sworn as a designated immigration officer through the Task Force Model under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357.
4. The number of times a participating agency’s law enforcement officers initiate arrests for only civil immigration charges while duly cross sworn as a designated immigration officer through the Task Force Model under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357.
(c) Pursuant to the Board’s data collection requirements as described in s. 908.1031(3)(e), F.S., any local law enforcement agency seeking reimbursement through this grant program that operates a county detention facility must attest and verify that it collects and reports the following summary data to the Department through an electronic platform the Department agrees to at least by the 15th day of each subsequent month:
1. The number of immigration detainer (I-247) forms it receives from Immigration and Customs Enforcement each month, accompanied by any associated arrest warrants (I-200 form) and/or warrants of removal (I-205) forms. The law enforcement agency shall report the number of detainers accompanied by arrest warrants and warrants of removal, respectively.
2. The number of immigration detainers the agency receives from Immigration and Customs Enforcement and are subsequently cancelled, with the subject of the detainer having been released without being transferred to the custody of Immigration and Customs Enforcement.
3. The number of unauthorized aliens for whom the agency received an immigration detainer from Immigration and Customs Enforcement, but who Immigration and Customs Enforcement ultimately failed to take into custody within the required 48-hour time period, thus requiring the agency to release the individual from custody.
4. The highest state law offense classification for each unauthorized alien for whom Immigration and Customs Enforcement issues an immigration detainer.
5. The number of unauthorized aliens who meet the criteria noted in 1. through 4. who were charged with a violent crime.
6. The number of unauthorized aliens for whom the agency receives an immigration detainer from Immigration and Customs Enforcement after the person was already released on state criminal charges.
7. The number of unauthorized aliens for whom the agency lodges immigration detainers before Immigration and Customs Enforcement makes an independent biometric or biographic match through the normal booking process.
8. The number of unauthorized aliens the agency transports from its jail facility to an Immigration and Customs Enforcement facility upon conclusion of the 48-hour immigration detainer period in lieu of Immigration and Customs Enforcement taking custody of the individual at the jail facility.
9. The monetary amount of reimbursement costs the agency received from Immigration and Customs Enforcement in the prior month, the agency’s reimbursement rate from Immigration and Customs Enforcement, and how many beds the agency incurred for housing unauthorized aliens from the time those aliens’ state law charges were resolved until they were either released from jail or to the custody of Immigration and Customs Enforcement. The agency shall also report the difference between its actual unauthorized alien housing cost and the reimbursable amount for each month.
(7) Consistent with a first-come, first-served basis, the Board may prioritize reimbursements to Fiscally Constrained Counties, as defined in s. 218.67, F.S., whenever possible.
Rulemaking Authority 2025-1 Laws of Florida Law Implemented 2025-1 Laws of Florida History– New 7-23-25.