Illegal entry by adult unauthorized alien into this state.

(1) Except as provided in subsection (2), an unauthorized alien who is 18 years of age or older and who knowingly enters or attempts to enter this state after entering the United States by eluding or avoiding examination or inspection by immigration officers commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person convicted of a violation of this subsection must be sentenced to a mandatory minimum term of imprisonment of 9 months.

(2)(a) An unauthorized alien who has one prior conviction for a violation of this section and who commits a second 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 a violation of this paragraph must be sentenced to a mandatory minimum term of imprisonment of 1 year and 1 day.

(b) An unauthorized alien who has two or more prior convictions for a violation of this section and who commits a subsequent 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 for a violation of this paragraph must be sentenced to a mandatory minimum term of imprisonment of 2 years.

(3) 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 this state and the unauthorized alien witnessed or reported such crime or was a victim of such crime.

(4) It is an affirmative defense to prosecution under this section if:

(a) 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;

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

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

(5) 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.

(6) 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.

(7) 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.