FL S1040

Creates a new Florida statute (s. 877.28) making it a third-degree felony for a person to enter or be found in Florida after being denied admission to, excluded from, deported from, or removed from the United States under federal immigration law (8 U.S.C. ss. 1151 et seq.)

Third-degree felony penalties apply under Florida law (ss. 775.082, 775.083, or 775.084), which can include up to 5 years imprisonment and up to $5,000 in fines

Exempts individuals who received express consent from the U.S. Attorney General to reapply for admission to the United States

Exempts individuals previously denied admission and removed who can establish they were not required to obtain advance consent under federal law

Effective date of October 1, 2020