11QER26-7. Eligible Purposes and Programs

(1) A local law enforcement agency may apply to the Board for reimbursement of the following expenses, listed in order of priority: (a) Training programs, including certified apprenticeship programs, the Warrant Service Office training, the Jail Enforcement Model training, the Task Force Model training under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357, and other programs related to supporting the enforcement of federal immigration laws, including: 1. Additional costs associated with training materials, travel, and other costs associated with training, and 2. Overtime costs, including associated benefits, for hours spent in training. All overtime reimbursements shall be in accordance with the participating agency’s established pay policies and procedures. Overtime costs shall not exceed one and a half times of an officer’s hourly pay. Reimbursement for personnel costs of backfilling positions dedicated to the immigration mission is not permitted. 3. For local law enforcement agencies with over 75 law enforcement officers, the agency may only seek training reimbursement costs for up to twenty percent of their sworn personnel in a particular fiscal year. 4. For local law enforcement agencies with between 31 and 75 law enforcement officers, the agency may only seek training reimbursement costs for up to thirty percent of their sworn personnel in a particular fiscal year. 5. For local law enforcement agencies with thirty or less law enforcement officers, or for those who are located in a fiscally constrained county as defined in s. 218.67, F.S., the agency may only seek reimbursement costs for up to fifty percent of their sworn personnel in a particular fiscal year. 6. Notwithstanding subparagraphs 3. – 5., any local law enforcement agency may seek a reimbursement for at least 10 law enforcement officers regardless of agency size. (b) Detention beds sublet to the United States Immigration and Customs Enforcement for a temporary period. 1. Reimbursement eligibility shall only be for the time between when an unauthorized alien is released from custody for a state criminal offense until the time that the unauthorized alien either leaves the jail facility or is transferred into custody of Immigration and Customs Enforcement. Reimbursement will be available each day within that time frame in which the unauthorized alien remains in custody for twelve hours or more. 2. Facilities with a Basic Ordering Agreement (BOA) may receive up to $75 per reimbursable day if the facility will also receive or apply for reimbursement from Immigration and Customs Enforcement. Funds requested through this program may not supplant federal funding. 3. Facilities with a Basic Ordering Agreement (BOA) may receive up to $100 per reimbursable day if the facility will not receive or apply for reimbursement from Immigration and Customs Enforcement. Funds requested through this program may not supplant federal funding. 4. Facilities with an Intergovernmental Service Agreement will be reimbursed the difference between their daily bed rate, as specified in their Intergovernmental Service Agreement, and the established reimbursement maximum of $100 per day under this program. (c) Costs associated with transporting unauthorized aliens on behalf of Immigration and Customs Enforcement, to include: 1. Round trip reimbursement from the point of departure to the point of return not to exceed State of Florida travel thresholds provided in s. 112.061, Florida Statutes, and Rule 69I-42.010, Florida Administrative Code. 2. Overtime costs, including fringe benefits, for a maximum of two law enforcement officers conducting the transport of an unauthorized alien. All overtime reimbursements shall be in accordance with the participating agency’s established pay policies and procedures and shall not exceed one and a half times of the officer’s hourly pay rate. (d) Equipment, travel, and lodging directly related to detaining and transporting unauthorized aliens or directly related to active participation in task force activities under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357. Travel and lodging costs may be reimbursed only if they were incurred pursuant to a participating agency’s involvement in task force activities with or for Immigration and Customs Enforcement. All equipment reimbursement requests must receive approval by the Board prior to the purchase and request for reimbursement. Equipment purchases or reimbursements must have a direct nexus to immigration enforcement. The costs associated with up to one multi-passenger vehicle, e.g. a full-size van, and the costs associated with upfitting up to one multi-passenger vehicle may be reimbursed, subject to Board approval. Law enforcement agencies that maintain detention facilities operating under an Intergovernmental Service Agreement (IGSA) with U.S. Immigration and Customs Enforcement and that house federal immigration detainees and designated Florida Sheriff Transportation Agencies are eligible to receive reimbursement for up to one multi-passenger vehicle. Florida Sheriff Transportation Agencies are those agencies identified as responsible for transport from the Transportation Zones in SBIE-005 Florida Law Enforcement Officer Civil Immigration Arrest Transportation Process, revised September 3, 2025, effective September 3, 2025, hereby incorporated by reference. A copy of SBIE-005 Florida Law Enforcement Officer Civil Immigration Arrest Transportation Process may be obtained by contacting the State Board of Immigration Enforcement, P.O. Box 1489, Tallahassee, Florida 32302 or SBIE@fdle.state.fl.us. No other vehicle, vessel, or aircraft will be approved for reimbursement. (e) A bonus of up to $1,000 for each local law enforcement officer employed by a local law enforcement agency who is credentialed as a designated immigration officer and participates in at least one United States Department of Homeland Security task force operation under section 287(g) of the Immigration and Nationality Act, as found at 8 U.S.C. s. 1357, subject to the following criteria: The bonus shall include an additional 7.65% for the officer’s share of Federal Insurance Contribution Act tax on the bonus. A local law enforcement agency may not apply for more than one bonus for any particular local law enforcement officer over the life of the program. (f) A local law enforcement agency may apply to the State Board of Immigration Enforcement to provide bonus payments for the agency’s certified correctional officers who are a warrant service officer or a designated immigration officer under the jail enforcement model under section 287(g) of the Immigration and Nationality Act, as found at 8 U.S.C. s. 1357, subject to the following criteria: The bonus shall include an additional 7.65% for the officer’s share of Federal Insurance Contribution Act tax on the bonus. A local law enforcement agency may not apply for more than one bonus for any particular local law enforcement officer over the life of the program. The local law enforcement agency must certify to the Board that the certified correctional officer acted in such capacity as a warrant service officer or a designated immigration officer under the jail enforcement model for at least 6 months preceding the application and provide any information requested by the Board. Correctional officers are not eligible for operations solely at state correctional facilities. (g) Hardware or software essential to assisting the Federal Government in its enforcement of federal immigration laws. A local law enforcement agency seeking reimbursement for hardware or software costs must articulate in its application a direct need to acquire the hardware or software for immigration enforcement purposes and why preexisting resources are inadequate. (h) Any associated or incidental costs related to the moving, transporting, lodging, temporary detention, or security of unauthorized aliens essential to assisting the Federal Government in its enforcement of federal immigration laws or related to active participation in task force activities under section 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357 not previously enumerated and not otherwise prohibited. A local law enforcement agency seeking reimbursement for the moving, transporting, lodging, temporary detention, or security of unauthorized aliens must articulate in its application the justification of a direct need to acquire said expenses and provide all receipts for said expenses. (2) All reimbursements with grant funds must be reasonably priced based on current market review at the time of the expense, and must be necessary for the operations and success of immigration enforcement. All costs must be allowable, reasonable, and necessary in accordance with Department of Financial Services, Chief Financial Officer Memorandum No. 1, available at https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-agencies/cfo-memos/cfo-memo-no-01---contract-and-grant-reviews-and-related-payment-processing-requirements.pdf?sfvrsn=1a73801c_3. (3) A local law enforcement agency may not receive more than $500,000 in reimbursed overtime expenses during a particular fiscal year without approval by the Board. (4) The Board may authorize increases in funding allocations subject to the availability of unallocated grant funds through the issuance of a supplemental grant award amendment. Rulemaking Authority 2025-1 LOF. Law Implemented 2025-1 LOF. History–New 6-9-26, Supersedes 11QER26-3.