Title 605 · Chapter 605 - PROHIBITION OF UNAUTHORIZED ALIENS; PUNISHMENT

Chapter 605 - PROHIBITION OF UNAUTHORIZED ALIENS; PUNISHMENT

Section: 605

Sec. 604.110. - Disruption of commercial video or audio productions. Chapter 606 - DRUGS Chapter 605 - PROHIBITION OF UNAUTHORIZED ALIENS; PUNISHMENT

Sec. 605.101. - Definitions.

As used in this Chapter, the term:

(1)

City means the City of Jacksonville. This Chapter does not apply to the Second, Third, Fourth or Fifth Urban Service Districts.

(2)

Removal means the departure from the City of an unauthorized alien after any proceeding under 8 U.S.C. Sections 1225, 1228, 1229, or 1229a or any agreement in which an unauthorized alien stipulates to his or her departure from the United States as part of a criminal proceeding under federal or state law.

(3)

Unauthorized alien has the same meaning as in F.S. § 908.111.

(Ord. 2025-147-E, § 1)

Sec. 605.102. - Illegal entry by adult unauthorized alien into the City.

(a)

Except as provided in subsection (b), an unauthorized alien who is 18 years of age or older and who knowingly enters or attempts to enter the City after entering the United States by eluding or avoiding examination or inspection by immigration officers commits a Class B offense, as such is defined in Section 632.101. In addition to civil penalties, a person convicted of a violation of this subsection must be sentenced to a mandatory term of imprisonment of 30 days.

(b)

An unauthorized alien who:

(1)

Has one prior conviction for a violation of this Section and who commits a second violation of subsection (a) commits a Class C offense, as such is defined in Section 632.101. In addition to civil penalties, a person convicted of a violation of this paragraph must be sentenced to a mandatory term of imprisonment of 60 days.

(2)

Has two or more prior convictions for a violation of this Section and who commits a subsequent violation of subsection (a) commits a Class D offense, as such is defined in Section 632.101. In addition to civil penalties, a person convicted of a violation of this paragraph must be sentenced to a mandatory term of imprisonment of 60 days.

(c)

An unauthorized alien may not be arrested for a violation of this Section if the unauthorized alien was encountered by law enforcement during the investigation of another crime that occurred in the City and the unauthorized alien witnessed or reported such crime or was a victim of such crime.

(d)

It is an affirmative defense to prosecution under this Section if:

(1)

The Federal Government has granted the unauthorized alien lawful presence in the United States or discretionary relief that authorizes the unauthorized alien to remain in the United States temporarily or permanently;

(2)

The unauthorized alien is subject to relief under the Cuban Adjustment Act of 1966; or

(3)

The unauthorized alien's entry into the United States did not constitute a violation of 8 U.S.C. Section 1325(a).

(e)

Notwithstanding any other law, and unless release is otherwise required by the State Constitution or the United States Constitution, the court shall presume that no conditions of release can reasonably assure the presence of an unauthorized alien arrested for a violation of this Section at his or her trial and must order the unauthorized alien to be detained pending the disposition of the case.

(f)

An unauthorized alien who commits a violation of this Section is not eligible for a civil citation, prearrest or post-arrest diversion program, or other similar program, including, but not limited to, any program described in F.S. § 901.41 or § 921.00241.

(g)

Upon making an arrest for a violation of this Section, the Sheriff shall:

(1)

Notify Immigration and Customs Enforcement of the United States Department of Homeland Security of the unauthorized alien's arrest and provide any known information relating to the unauthorized alien; and

(2)

Notify the Florida Department of Law Enforcement of the unauthorized alien's arrest and provide information relating to the unauthorized alien, which must include his or her fingerprints, photograph, and any other biometric information necessary to identify the unauthorized alien.

(Ord. 2025-147-E, § 1)

Sec. 605.103. - Illegal reentry of an adult unauthorized alien.

(a)

An unauthorized alien who is 18 years of age or older commits a Class D offense, as such is defined in Section 632.101, if he or she, after having been denied admission, excluded, deported, or removed or having departed the United States during the time an order of exclusion, deportation, or removal is outstanding, thereafter enters, attempts to enter, or is at any time found in the City. An unauthorized alien does not commit a violation of this subsection if, before the unauthorized alien's re-embarkation at a place outside the United States or his or her application for admission from a foreign contiguous territory:

(1)

The Attorney General of the United States expressly consented to his or her reapplication for admission; or

(2)

With respect to an unauthorized alien who was previously denied admission and removed, the unauthorized alien establishes that he or she was not required to obtain such advance consent under the Immigration and Nationality Act, as amended.

(b)

Except as provided in subsection (c), an unauthorized alien who violates subsection (a), in addition to civil penalties, must be sentenced to a mandatory term of imprisonment of 60 days.

(c)

An unauthorized alien who:

(1)

Has three or more prior convictions for a misdemeanor or a felony, other than a forcible felony as defined in F.S. § 776.08, or an aggravated felony as defined in 8 U.S.C. Section 1101, and who commits a violation of subsection (a) commits a Class D offense, as such is defined in Section 632.101. In addition to civil penalties, a person convicted of a violation of this paragraph must be sentenced to a mandatory term of imprisonment of 60 days.

(2)

Has a prior conviction for a forcible felony as defined in F.S. § 776.08, or an aggravated felony as defined in 8 U.S.C. Section 1101 and who commits a violation of subsection (a) commits a Class D offense, as such is defined in Section 632.101. In addition to civil penalties, a person convicted of a violation of this paragraph must be sentenced to a mandatory term of imprisonment of 60 days.

(d)

(e)

(f)

Upon making an arrest for a violation of this Section, the arresting law enforcement agency shall:

(1)

(2)

Notify the Department of Law Enforcement of the unauthorized alien's arrest and provide information relating to the unauthorized alien, which must include his or her fingerprints, photograph, and any other biometric information necessary to identify the unauthorized alien.

(Ord. 2025-147-E, § 1)

Sec. 604.110. - Disruption of commercial video or audio productions. Chapter 606 - DRUGS