Legislative Special Session Proposals | Executive Office of the Governor

The Governor has called for a special session of the Florida Legislature to convene on January 27th, 2025, and to address the following issues: combatting illegal immigration, condominium regulation, agricultural relief in response to natural disasters, replenishing the My Safe Florida Home program, and the citizens’ initiative petition process. Below is a list of proposed legislative actions for the legislature to pursue in special session on the topics of combatting illegal immigration and strengthening the citizen’s initiative petition process:

Combatting Illegal Immigration

State University Fee Waiver
- Repeal in-state college tuition for illegal immigrant students.
Cooperation with Federal Immigration Authorities
1. The 287(g) Program
  1. Require each state and county law enforcement agency and any other law enforcement agency with more than 25 sworn law enforcement officers to participate in the 287(g) program.
    1. Require all law enforcement agencies to participate in every program model offered by the federal government.
    2. Empower the Governor to suspend any elected or appointed official who refuses to comply with this directive.
2. State Immigration Enforcement Officer
  1. Appoint a State Immigration Enforcement Officer whose job it is to coordinate with the federal government on immigration enforcement and to oversee the Unauthorized Alien Transport Program.
    1. Appropriate funds to the program.
3. The Unauthorized Alien Transport Program
  1. Amend the current program to allow for the detention, transportation of illegal aliens.
    1. Authorize the National and State Guards to assist the State Immigration Enforcement Officer in carrying out his or her duties.
4. State and Local Law Enforcement Resources
  1. Require state and local law enforcement agencies to ensure that at least 10 percent of their sworn law enforcement officers are available to perform or exercise the powers, privileges, or duties, of an immigration officer.
Voter Registration Oath
1. Require a person registering to vote to affirm that he or she is a United States citizen and legal resident of Florida.
Remittances
1. Prohibit a licensee from initiating a foreign remittance transfer unless the licensee has verified that the sender is not an illegal alien.
2. Provide penalties for a licensee who fails to verify the sender of a foreign remittance transfer.
Reclassification of Criminal Penalties
1. Require the penalty for committing a misdemeanor to be reclassified to the next higher offense level if the person has previously been convicted of a crime relating to the reentry of removed aliens.
Elections / Voting
1. Increase the offense level to a second-degree felony for an illegal alien who falsely swears to an oath or affirmation related to voting or elections.
2. Increase the offense level to a second-degree felony for a person who has knowledge that the registrant is an illegal alien and willfully procures the illegal alien to swear or affirm falsely related to voting in an election.
3. Increase the offense level to a second-degree felony for an illegal alien who willfully submits any false voter registration information.
4. Increase the offense level to a second-degree felony for a person who has knowledge that the registrant is an illegal alien and willfully submits false voter registration information.
5. Increase the offense level to a second-degree felony for an illegal alien who knows he or she is not a qualified elector but willfully votes in an election.
6. Increase the offense level to a second-degree felony for a person who aids or solicits another to vote in any election with knowledge that such person is an illegal alien.
Pretrial; Detention for Illegal Aliens
1. Create a rebuttable presumption that no conditions of release will secure the appearance of an illegal alien at trial, and therefore, the illegal alien must be detained.
Secure Florida Office
1. Create the Office of Secure Florida and appropriate funds to carry out its mission.
State Crime for Entering the United States Illegally / Voluntary Deportation
1. Any alien who enters or attempts to enter this state after illegally entering the United States commits a misdemeanor of the first degree.
  1. The alien must be sentenced to a minimum jail term of nine months; however, the prison term may be waived if the alien agrees in writing to voluntary leave the United States.
2. Any alien who enters or attempts to enter this state after illegally entering the United States and was previously convicted of illegally entering or attempting to enter this state commits a felony of the third degree.
  1. The alien must be sentenced to a minimum prison term of one year and one day; however, the prison term (and any term of probation) may be waived if the alien agrees in writing to voluntary leave the United States.
3. Any alien who enters or attempts to enter this state after illegally entering the United States and was previously convicted on two or more occasions of illegally entering or attempting to enter this state commits a felony of the third degree.
  1. The alien must be sentenced to a minimum prison term of two years; however, the prison term (and any term of probation) may be waived if the alien agrees in writing to voluntary leave the United States.
Strengthen Enforcement against Gangs
1. Expand the definition of “transnational criminal organization.”
2. Increase the penalty for any felony or misdemeanor committed for the purpose of benefiting, promoting, or furthering the interests of a hate group, terrorist organization, or transnational criminal organization.

Strengthening Initiative Petition Integrity

This proposal suggests measures to reinforce the integrity of Florida’s citizens’ initiative petition process. The proposals fall into three categories.

The first category pertains to petition collection and verification:

Eliminate third-party collection of petition forms and implement the same verification measures currently used for voting. Electors may submit petition forms directly to Supervisors of Elections (SOEs) by one of two methods:

In person – Elector appears at SOE office and presents qualifying personal identifying information.
By mail – Elector contacts SOE, requests a petition form, and provides qualifying personal identifying information. SOE mails petition form to the address on file.
Apply this process to candidate petitions and lower the qualifying fee and party assessment.
Make it a third-degree felony for a person to offer or accept compensation to sign or refrain from signing an initiative petition.

The second category pertains to Secretary of State certification and Supreme Court review:
Authorize the Secretary of State to decertify an initiative petition upon his or her determination that it did not obtain the requisite number and distribution of valid signatures or upon the issuance of a Supreme Court advisory opinion deeming the initiative petition constitutionally or statutorily noncompliant.
Create a private right of action to challenge the certification of an initiative petition.
Require Supreme Court advisory opinions to evaluate initiative petitions for compliance with the inalienable rights clause of Article I, section 2 of the Florida Constitution.

The third category pertains to ballot disclosure:
Require the fiscal impact statement (FIS) to be drafted by a panel composed of three persons appointed by the Governor.
Require amendments proposed by initiative petition to define terms of art and describe newly created rights, requirements, prohibitions, and authorizations.
Direct the Attorney General to prepare a disclosure material legal effects to appear between the ballot summary and the FIS. The disclosure must identify any provision(s) in the Florida Constitution or the Florida Statutes that may be repealed in full or in part.

Click here to read suggested bill language on illegal immigration enforcement.

Click here to read suggested bill language on ballot initiative integrity.