Category: FL-Specific Laws · Statute: F.S. 908 · Source: Florida Legislature
Understanding Sanctuary City Ban (Florida) in Florida
In Florida, the "Sanctuary City Ban" refers to Chapter 908 of the Florida Statutes, which was enacted through Senate Bill 168 in 2019 and later expanded. This law strictly prohibits local governments, state agencies, and law enforcement agencies from adopting or implementing "sanctuary policies" that prevent or obstruct cooperation with federal immigration authorities. Under F.S. 908, local police departments, county sheriffs, and municipal governments must fully cooperate with federal immigration enforcement, including U.S. Immigration and Customs Enforcement (ICE).
The law specifically mandates that local law enforcement agencies must honor ICE detainer requests, which ask local jails to hold an individual for up to 48 hours beyond their scheduled release date so federal agents can assume custody. Additionally, state and local officials who knowingly violate these provisions face severe consequences, including potential removal from office by the Governor, civil penalties, and the withholding of state grant funding for the non-compliant municipality.
Impact on Bail and Pretrial Release
For individuals arrested in Florida who are subject to an ICE detainer, the Sanctuary City Ban directly impacts the bail process. Even if a defendant secures a bail bond or is granted pretrial release by a Florida judge, local jail administrators are legally obligated under Chapter 908 to maintain custody of the individual for the federal detainer period. Consequently, posting bail may not result in immediate release to the community, but rather a direct transfer into federal immigration custody.