# Fla. Stat. § 908.105: 908.105 Duties related to immigration detainers

> Florida · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.105

## Section

- **Citation:** Fla. Stat. § 908.105
- **Heading:** 908.105 Duties related to immigration detainers
- **Jurisdiction:** Florida
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Florida Code / Title XLVII / Chapter 908 / Section 908.105

## 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 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.

History: s. 1, ch. 2019-102; s. 20, ch. 2025-1.

## Nearby sections

- [Fla. Stat. § 908.11 908.11 Immigration enforcement assistance agreements; reporting requirement.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.11.md)
- [Fla. Stat. § 908.12 908.12 Transnational crime organizations; reclassification.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.12.md)
- [Fla. Stat. § 908.13 908.13 Unauthorized Alien Transport Program.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.13.md)
- [Fla. Stat. § 908.101 908.101 Legislative findings and intent.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.101.md)
- [Fla. Stat. § 908.102 908.102 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.102.md)
- [Fla. Stat. § 908.103 908.103 Sanctuary policies prohibited.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.103.md)
- [Fla. Stat. § 908.104 908.104 Cooperation with federal immigration authorities.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.104.md)
- [Fla. Stat. § 908.105 908.105 Duties related to immigration detainers.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.105.md)
- [Fla. Stat. § 908.106 908.106 Reimbursement of costs.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.106.md)
- [Fla. Stat. § 908.107 908.107 Enforcement.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.107.md)
- [Fla. Stat. § 908.108 908.108 Education records.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.108.md)
- [Fla. Stat. § 908.109 908.109 Discrimination prohibited.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.109.md)
- [Fla. Stat. § 908.111 908.111 Prohibition against governmental entity contracts with common carriers; required termination provisions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.111.md)
- [Fla. Stat. § 908.1031 908.1031 State Board of Immigration Enforcement; creation; purpose and duties.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.1031.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLVII_C908_S908.105. Check the current official text before relying on it. Not legal advice.