House approves SB 4C, creates state immigration offenses and mandates death penalty in some capital cases for unauthorized aliens

The Florida House on Feb. 13 passed Senate Bill 4C, a sweeping and contentious immigration measure that creates new state criminal offenses related to the entry and reentry of unauthorized aliens and adds sentencing provisions for defendants the bill defines as unauthorized aliens who are convicted of certain capital offenses. Representative Garrison, the bill sponsor on the floor, led the debate and explained the measure’s text to members before final passage. The clerk announced the final vote as 85 yeas and 29 nays; the bill passed.

Under the bill as explained on the floor, the House would make the act of entering or reentering the state while an unauthorized alien a state offense in specified circumstances. The bill also includes a provision that, if a jury finds beyond a reasonable doubt that the defendant was an unauthorized alien at the time the capital offense was committed, the defendant would face the maximum sentence for that offense — in statutorily enumerated capital cases that phrase carries a death-eligible penalty. Representative Garrison told colleagues the bill does not criminalize mere unauthorized presence but criminalizes reentry and that the sentencing provision would require jury findings consistent with existing case law.

The measure drew extended questioning from members about federal preemption, the supremacy clause, due process, bail presumptions, and the Eighth Amendment’s ban on cruel and unusual punishment. Representative Rayner (asked about supremacy clause issues) and Representative Joseph (on constitutionality and capital punishment precedent) pressed the sponsor on how the bill avoids conflict with federal authority and with existing constitutional protections. Representative Garrison responded that the bill is intended to comport with recent executive actions and with U.S. and Florida case law by requiring jury findings on aggravating factors and by preserving affirmative defenses in section 4(a) for those granted lawful presence or discretionary relief by the federal government.

Members also debated fiscal and operational impacts. Representative Greer and others asked about costs for additional incarceration and capital litigation; Garrison said the fiscal impact is uncertain because it depends on arrests and convictions that cannot be predicted, though he acknowledged additional costs would follow increased detention and capital litigation. Multiple amendments were offered on the floor—several sought to expand affirmative defenses to additional immigrant groups (for example, amendments to include Venezuelan TPS beneficiaries and other TPS or parole status holders) or to remove or limit the mandatory death sentence—but the House defeated those amendments. Representative Joseph’s amendment to prohibit imposing the death penalty on an individual based solely on immigration status was debated and not adopted. Representative Eskamani and others offered amendments to narrow exemptions; they were not adopted.

Supporters framed SB 4C as a public-safety measure targeting violent criminals. Opponents called the bill constitutionally risky and warned of litigation, federal preemption, and community chilling effects that could reduce cooperation with law enforcement and harm public safety. The sponsor closed by saying the bill puts victims of violent crime first. The bill now proceeds to the governor (or to reconciliation steps if required by bicameral action).