(1)
An unauthorized alien who is 18 years of age or older commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 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 this state. An unauthorized alien does not commit a violation of this subsection if, before the unauthorized alien’s reembarkation at a place outside the United States or his or her application for admission from a foreign contiguous territory:
(a)
The Attorney General of the United States expressly consented to his or her reapplication for admission; or
(b)
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.
(2)
Except as provided in subsection (3), an unauthorized alien who violates subsection (1) must be sentenced to a mandatory minimum term of imprisonment of 1 year and 1 day.
(3)(a)
An unauthorized alien who has three or more prior convictions for a misdemeanor or a felony, other than a forcible felony as defined in s. 776.08 or an aggravated felony as defined in 8 U.S.C. s. 1101, and who commits a violation of subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person convicted of violating this paragraph must be sentenced to a mandatory minimum term of imprisonment of 2 years.
(b)
An unauthorized alien who has a prior conviction for a forcible felony as defined in s. 776.08 or an aggravated felony as defined in 8 U.S.C. s. 1101 and who commits a violation of subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person convicted of a violation of this paragraph must be sentenced to a mandatory minimum term of imprisonment of 5 years.
(4)
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.
(5)
An unauthorized alien who commits a violation of this section is not eligible for a civil citation, prearrest or postarrest diversion program, or other similar program, including, but not limited to, any program described in s. 901.41 or s. 921.00241.
(6)
Upon making an arrest for a violation of this section, the arresting law enforcement agency shall:
(a)
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
(b)
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.
