SB 1718 goes into effect on July 1, 2023. Here is what the law does and does not do.

Community IDs

What SB 1718 will do

Bar local government from providing funding to issue community IDs to persons who do not prove lawful presence in the U.S.

What SB1 1718 will NOT do

Invalidate persons’ community IDs issued by local government.

Prevent issuance of community IDs if the government does not fund them.

Make it a crime to possess a community ID.

 

Diver’s Licenses

What SB 1718 will do

Invalidate out-of-state driver licenses that are issued without being required to show proof of lawful presence in the U.S. (i.e. driver licenses that are issued to individuals who are undocumented or who cannot prove lawful presence).

Make it a crime to drive in Florida with this type of license.

What SB1 1718 will NOT do

Have any effect on an individual’s Florida driver’s license.

Make it unlawful to possess an out-of-state driver’s license that is no longer valid in Florida.

 

Hospitals

What SB 1718 will do

Require hospitals and emergency departments that receive Medicaid to ask patients their immigration status.

What SB1 1718 will NOT do

Allow doctors, clinics, hospitals or any medical care providers to report undocumented patients or individualized patient information to immigration authorities.

Allow medical care providers to deny care based on a patients’ immigration status.

Permit or encourage immigration enforcement at hospitals or emergency departments.

Require patients to answer questions about their immigration status to receive care (at hospitals that receive Medicaid, you will be asked this question, but you do not have to answer it).

 

Employment & E-Verify

What SB 1718 will do

Penalize employers for failing to verify employment authorization and criminalize noncitizens who use false identification documents to obtain work.

Require all employers to verify new employees’ work authorization, and require private employers who employ 25 or more employees to use E-Verify to confirm new employees’ work authorization.

What SB1 1718 will NOT do

Require employers to re-check the employment authorization of persons they already employ using E-Verify.

Authorize state law enforcement to conduct employment verification audits until July 1, 2024.

 

DACA holders’ eligibility to be admitted to practice law in Florida

What SB 1718 will do

Beginning on November 1, 2028, prevent DACA holders from being admitted by the Supreme Court of Florida to practice law in Florida.

What SB1 1718 will NOT do

Have any effect on DACA holders who are already members of the state bar in Florida.

Have any effect on DACA holders who will become members of the state bar in Florida prior to November 1, 2028.

 

“Human Smuggling”

What SB 1718 will do

Make it a felony to transport into the state of Florida a person who you know or reasonably should know (1) entered the U.S. unlawfully; and (2) has not been inspected by the federal government.

What SB1 1718 will NOT do

Transport anyone—regardless of their immigration status—within the state of Florida.

Provide housing to or share housing with a person who lacks lawful immigration status.

Do day-to-day things like take your kids to school, go to church, carpool, etc. no matter what your immigration status is (as long as you aren’t crossing state lines into Florida, it is fine to do these activities).

 

State cooperation with federal immigration enforcement

What SB 1718 will do

Expand Florida’s on-going interagency counter-terrorism enforcement coordination and preparation efforts to include assisting federal immigration enforcement officials.

What SB1 1718 will NOT do

Give the police any new authority to detain or arrest individuals.

 

DNA collection

What SB 1718 will do

Collect DNA from individuals, including juveniles, who have been issued a detainer by immigration authorities in state criminal custody.

What SB1 1718 will NOT do

Allow law enforcement to collect DNA based upon immigration status from individuals who are not in criminal custody.

 

“Unauthorized Alien Transport Program”

What SB 1718 will do

Appropriate $12 Million for the “Unauthorized Alien Transport Program.”

What SB1 1718 will NOT do

Change the “Unauthorized Alien Transport Program”, which was created by a separate state law on February 15, 2023, SB 6-B.