Florida’s FL 1718 was enacted in 2023 and became effective on July 1, 2023. The ACLU and others sued regarding Section 10, which a Florida court on May 21 stayed the application of which. Most of FL 1718 focuses on COVID, banning the requirement of masks by government and educational institutions, proof of vaccination, and such. Section 10 penalizes acts taken in support of unauthorized persons in the state.  According to the Migration Ploicy Institute and Pew Research, about 4% of the state’s population, about 750,000 persons, are unauthorized.

Section 10. Section 787.07, Florida Statutes, is amended to read:

787.07 Human smuggling.—

(1) Except as provided in subsections (3) and (4), a person who knowingly and willfully commits any of the following offenses commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

[Prison sentence: Up to 5 years in prison. Fines: A fine of up to $5,000. Probation: The court may impose a period of probation not exceeding 5 years.]

(a) Transports into or within this state an individual whom who the person knows, or reasonably should know, has is illegally entered entering the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry.

(b) Conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, in any place within this state, including any temporary or permanent

structure or through any means of transportation, an individualwhom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry from another country commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person commits a separate offense for each individual he or she transports, conceals, harbors, or shields from detection, or attempts to transport, conceal, harbor, or shield from detection, into this state in violation of this section.

(3) A person who commits five or more separate offenses under this section during a single episode commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)(a) A person with a prior conviction under this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) As used in paragraph (a), the term “conviction” means a determination of guilt that is the result of a plea agreement or a trial, regardless of whether adjudication is withheld or a

plea of nolo contendere is entered.

(5) Proof that a person knowingly and willfully presented false identification or gave false information to a law  enforcement officer who is conducting an investigation for a

violation of this section gives rise to an inference that such person was aware that the transported, concealed, harbored, or shielded individual has entered the United States in violation of the law and had not been inspected by the Federal Government since his or her unlawful entry.

(6) A person who is arrested for a violation of this section must be held in custody until brought before the court for admittance to pretrial release in accordance with chapter 903.