Florida Senate - 2011                                     SB 230
       
       
       
       By Senator Detert
       
       
       
       
       23-00159-11                                            2011230__
    1                        A bill to be entitled                      
    2         An act relating to the enforcement of immigration
    3         laws; providing a short title; creating s. 287.0576,
    4         F.S.; providing definitions; prohibiting agencies from
    5         entering into a contract for contractual services with
    6         contractors that are not registered and participating
    7         by a specified date in a federal work-authorization
    8         program; providing procedures and requirements with
    9         respect to the registration of contractors and
   10         subcontractors; providing for enforcement; providing a
   11         schedule for phased compliance; requiring the
   12         Department of Management Services to adopt rules;
   13         creating s. 337.163, F.S.; providing definitions;
   14         prohibiting the Department of Transportation from
   15         entering into a contract for contractual services with
   16         contractors that are not registered and participating
   17         by a specified date in a federal work-authorization
   18         program; providing procedures and requirements with
   19         respect to the registration of contractors and
   20         subcontractors; providing for enforcement; providing a
   21         schedule for phased compliance; requiring the
   22         department to adopt rules; amending s. 943.0311, F.S.;
   23         requiring the Chief of Domestic Security to negotiate
   24         the terms of a memorandum of understanding between the
   25         state and certain Federal Government entities
   26         concerning the enforcement of federal immigration and
   27         customs laws, the detention and removal of individuals
   28         not lawfully present in the United States,
   29         investigations related to illegal immigration in the
   30         state, and the establishment of specified training
   31         standards and the creation of specified training
   32         programs for law enforcement officers; providing that
   33         the establishment of training standards and the
   34         creation of training programs is contingent upon
   35         federal funding; providing that law enforcement
   36         officers trained in accordance with such standards are
   37         authorized to enforce federal immigration and customs
   38         laws while performing within the scope of their
   39         authorized duties; creating s. 951.30, F.S.; providing
   40         requirements and procedures with respect to the
   41         determination of lawful immigration status of persons
   42         charged with a crime and confined to a county or
   43         municipal detention facility; providing for
   44         construction; requiring the Florida Sheriffs
   45         Association to prepare and issue specified guidelines
   46         and procedures; creating part IV of ch. 23, F.S.;
   47         requiring agencies to verify by a specified date the
   48         lawful presence in the United States of any natural
   49         person 18 years of age or older who has applied for
   50         state or local public benefits, or for federal public
   51         benefits, which are administered by the agency;
   52         providing for enforcement; providing exceptions;
   53         requiring the Board of Governors of the State
   54         University System to set forth policies regarding
   55         postsecondary education benefits; providing procedures
   56         and requirements with respect to verification by an
   57         agency of an individual’s lawful presence in the
   58         United States; providing a penalty for knowingly and
   59         willfully making a false, fictitious, or fraudulent
   60         statement or representation in an affidavit attesting
   61         to citizenship or permanent legal residency; providing
   62         procedures with respect to verification of eligibility
   63         for benefits; prohibiting an agency from providing any
   64         state, local, or federal benefit in violation of the
   65         requirements of the act; providing for specified
   66         annual reports; clarifying that certain attestations
   67         do not constitute a crime; providing an effective
   68         date.
   69  
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. This act may be cited as the “Florida Security
   73  and Immigration Compliance Act.”
   74         Section 2. Section 287.0576, Florida Statutes, is created
   75  to read:
   76         287.0576 Compliance with federal work-authorization
   77  programs.—
   78         (1) As used in this section, the term:
   79         (a) “Federal work-authorization program” means any program
   80  operated by the United States Department of Homeland Security
   81  which provides electronic verification of work authorization
   82  issued by the United States Citizenship and Immigration Services
   83  or any equivalent federal work-authorization program operated by
   84  the United States Department of Homeland Security which provides
   85  for the verification of information regarding newly hired
   86  employees under the Immigration Reform and Control Act of 1986,
   87  Pub. L. No. 99-603.
   88         (b) “Subcontractor” means a person who enters into a
   89  contract with a contractor for the performance of any part of
   90  such contractor’s contract.
   91         (2) An agency may not enter into a contract under s.
   92  287.057 for contractual services unless the contractor registers
   93  and participates in a federal work-authorization program.
   94         (3) A contractor who receives a contract award under s.
   95  287.057 for contractual services may not execute a contract,
   96  purchase order, or subcontract in connection with the award
   97  unless the contractor and all subcontractors providing services
   98  for the contractor register and participate in a federal work
   99  authorization program. The contractor shall certify in writing
  100  to the agency that it is in compliance with this subsection.
  101         (4) A contractor shall ensure that each subcontractor
  102  providing services for the contractor registers and participates
  103  in a federal work-authorization program. Each subcontractor
  104  shall certify in writing to the contractor that it is in
  105  compliance with this subsection.
  106         (5) Subsections (2), (3), and (4) apply as follows:
  107         (a) On or after July 1, 2012, with respect to contractors
  108  or subcontractors employing 500 or more employees.
  109         (b) On or after July 1, 2013, with respect to contractors
  110  or subcontractors employing 100 or more employees.
  111         (c) On or after July 1, 2014, with respect to all
  112  contractors or subcontractors.
  113         (6) This section shall be enforced without regard to race,
  114  religion, gender, ethnicity, or national origin.
  115         (7) The department shall adopt rules deemed necessary to
  116  administer this section, including prescribing forms.
  117         Section 3. Section 337.163, Florida Statutes, is created to
  118  read:
  119         337.163 Compliance with federal work-authorization
  120  program.—
  121         (1) As used in this section, the term:
  122         (a) “Federal work-authorization program” means any program
  123  operated by the United States Department of Homeland Security
  124  which provides electronic verification of work authorization
  125  issued by the United States Citizenship and Immigration Services
  126  or any equivalent federal work-authorization program operated by
  127  the United States Department of Homeland Security which provides
  128  for the verification of information regarding newly hired
  129  employees under the Immigration Reform and Control Act of 1986,
  130  Pub. L. No. 99-603.
  131         (b) “Subcontractor” means a person who enters into a
  132  contract with a contractor for the performance of any part of
  133  such contractor’s contract.
  134         (2) The department may not enter into a contract under this
  135  chapter for contractual services unless the contractor registers
  136  and participates in a federal work-authorization program.
  137         (3) A contractor who receives a contract award under this
  138  chapter for contractual services may not execute a contract,
  139  purchase order, or subcontract in connection with the award
  140  unless the contractor and all subcontractors providing services
  141  for the contractor register and participate in a federal work
  142  authorization program. The contractor shall certify in writing
  143  to the department that it is in compliance with this subsection.
  144         (4) A contractor shall ensure that each subcontractor
  145  providing services for the contractor registers and participates
  146  in a federal work-authorization program. Each subcontractor
  147  shall certify in writing to the contractor that it is in
  148  compliance with this subsection.
  149         (5) Subsections (2), (3), and (4) apply as follows:
  150         (a) On or after July 1, 2012, with respect to contractors
  151  or subcontractors employing 500 or more employees.
  152         (b) On or after July 1, 2013, with respect to contractors
  153  or subcontractors employing 100 or more employees.
  154         (c) On or after July 1, 2014, with respect to all
  155  contractors or subcontractors.
  156         (6) This section shall be enforced without regard to race,
  157  religion, gender, ethnicity, or national origin.
  158         (7) The department shall adopt rules deemed necessary to
  159  administer this section, including prescribing forms.
  160         Section 4. Subsection (8) is added to section 943.0311,
  161  Florida Statutes, and, effective if funding under the federal
  162  Homeland Security Appropriation Act of 2010 or any subsequent
  163  source of federal funding is provided to fund the provisions of
  164  the subsection, subsection (9) is added to that section, to
  165  read:
  166         943.0311 Chief of Domestic Security; duties of the
  167  department with respect to domestic security.—
  168         (8)(a) The Chief of Domestic Security shall negotiate the
  169  terms of a memorandum of understanding between the State of
  170  Florida and the United States Department of Justice or the
  171  United States Department of Homeland Security concerning:
  172         1. The enforcement of federal immigration and customs laws.
  173         2. The detention and removal of individuals not lawfully
  174  present in the United States.
  175         3. Investigations related to illegal immigration in the
  176  state.
  177         4. The establishment of training standards and the creation
  178  of training programs for law enforcement officers as provided in
  179  subsection (9).
  180         (b) The memorandum of understanding shall be signed on
  181  behalf of the state by the Chief of Domestic Security and the
  182  Governor, or as otherwise required by the appropriate federal
  183  agency.
  184         (9)(a) Contingent upon funding in the federal Homeland
  185  Security Appropriation Act of 2010 or any subsequent source of
  186  federal funding, the Chief of Domestic Security shall work with
  187  the regional domestic security task forces and the various state
  188  entities responsible for establishing training standards
  189  applicable to law enforcement officers to establish training
  190  standards and create training programs that enhance the ability
  191  of law enforcement officers to enforce federal immigration and
  192  customs laws while performing within the scope of their
  193  authorized duties.
  194         (b) A law enforcement officer, as defined in s. 943.10, who
  195  is trained in accordance with the standards established pursuant
  196  to this subsection is authorized to enforce federal immigration
  197  and customs laws while performing within the scope of his or her
  198  authorized duties.
  199         Section 5. Section 951.30, Florida Statutes, is created to
  200  read:
  201         951.30 County and municipal detention facilities;
  202  determination of lawful immigration status.—
  203         (1) If the lawful immigration status of any person who is
  204  charged with a crime and confined to a county or municipal
  205  detention facility for any period of time cannot be verified
  206  from documents in the possession of the county or municipal
  207  prisoner or after a reasonable effort on the part of law
  208  enforcement officials, such verification shall be made within 48
  209  hours through a query to the Law Enforcement Support Center of
  210  the United States Department of Homeland Security or other
  211  office or agency designated for that purpose by the United
  212  States Department of Homeland Security. If it is determined that
  213  a county or municipal prisoner is in the United States
  214  unlawfully, the law enforcement agency shall notify the United
  215  States Department of Homeland Security.
  216         (2) This section does not deny bond to a person who is
  217  charged with a crime and confined to a county or municipal
  218  detention facility or prevent the person from being released
  219  from confinement if the person is otherwise eligible for
  220  release.
  221         (3) The Florida Sheriffs Association shall prepare and
  222  issue guidelines and procedures for compliance with this
  223  section.
  224         Section 6. Part IV of chapter 23, Florida Statutes,
  225  consisting of section 23.40, is created to read:
  226                               PART IV                             
  227              AGENCY ADMINISTRATION OF PUBLIC BENEFITS             
  228         23.40Agency administration of public benefits;
  229  verification of lawful status.—
  230         (1) Except as provided in subsection (3) or where exempted
  231  by federal law, no later than July 1, 2012, each agency, as
  232  defined in s. 20.03, shall verify the lawful presence in the
  233  United States of any natural person 18 years of age or older who
  234  has applied for state or local public benefits, as defined in 8
  235  U.S.C. s. 1621, or for federal public benefits, as defined in 8
  236  U.S.C. s. 1611, which are administered by the agency.
  237         (2) This section shall be enforced without regard to race,
  238  religion, gender, ethnicity, or national origin.
  239         (3) Verification of an individual’s lawful presence in the
  240  United States under this section is not required for:
  241         (a) Any purpose for which lawful presence in the United
  242  States is not required by law, ordinance, rule, or regulation;
  243         (b) Assistance for health care items and services that are
  244  necessary for the treatment of an emergency medical condition,
  245  as defined in 42 U.S.C. s. 1396b(v)(3), of the individual
  246  involved and that are not related to an organ-transplant
  247  procedure;
  248         (c) Short-term, noncash, and in-kind emergency disaster
  249  relief;
  250         (d) Public health assistance for immunizations with respect
  251  to immunizable diseases and for testing and treatment of
  252  symptoms of communicable diseases whether or not such symptoms
  253  are caused by a communicable disease;
  254         (e) Programs, services, or assistance, such as soup
  255  kitchens, crisis counseling and intervention, and short-term
  256  shelter specified by the United States Attorney General in his
  257  or her sole and unreviewable discretion after consultation with
  258  appropriate federal agencies and departments, which:
  259         1. Deliver in-kind services at the community level,
  260  including services provided through public or private nonprofit
  261  agencies;
  262         2. Do not condition the provision of assistance, the amount
  263  of assistance provided, or the cost of assistance provided on
  264  the individual recipient’s income or resources; and
  265         3. Are necessary for the protection of life or safety;
  266         (f) Prenatal care; or
  267         (g) Postsecondary education.
  268         (4) The Board of Governors of the State University System
  269  shall set forth, or cause to be set forth, policies regarding
  270  postsecondary education benefits that comply with all applicable
  271  federal laws, including, but not limited to, those governing
  272  ineligibility for public benefits as described in 8 U.S.C. s.
  273  1611, s. 1621, or s. 1623.
  274         (5)(a) Verification of an individual’s lawful presence in
  275  the United States by an agency that is required to make such
  276  verification shall occur as follows:
  277         1. The applicant for benefits must execute an affidavit
  278  stating that he or she is a United States citizen or a permanent
  279  legal resident of the United States and is 18 years of age or
  280  older; or
  281         2. The applicant for benefits must execute an affidavit
  282  stating that he or she is a qualified alien or nonimmigrant
  283  under the federal Immigration and Nationality Act, is 18 years
  284  of age or older, and is lawfully present in the United States.
  285         (b) Any person who knowingly and willfully makes a false,
  286  fictitious, or fraudulent statement or representation in an
  287  affidavit executed pursuant to paragraph (a) commits a
  288  misdemeanor of the first degree, punishable as provided in s.
  289  775.082 or s. 775.083.
  290         (6) For any applicant who has executed an affidavit
  291  attesting to the fact that he or she is an alien who is lawfully
  292  present in the United States, verification of the applicant’s
  293  immigration status shall be made through the Systematic Alien
  294  Verification for Entitlements Program established by the United
  295  States Citizenship and Immigration Services or a successor
  296  program designated by the United States Department of Homeland
  297  Security. Until such verification of eligibility is made, the
  298  affidavit may be presumed to be proof of lawful presence in the
  299  United States for the purposes of this section.
  300         (7) In carrying out this section, each agency shall
  301  endeavor to improve efficiency, reduce delay in the verification
  302  process, and provide for the expedient resolution of unique
  303  individual circumstances where verification procedures would
  304  impose an unusual hardship on a legal resident of the state.
  305         (8)(a) An agency may not provide any state, local, or
  306  federal benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in
  307  violation of this section.
  308         (b) Each agency that administers any program of state or
  309  local public benefits shall compile an annual report with
  310  respect to its compliance with this section.
  311         (9) All errors and significant delays by the Systematic
  312  Alien Verification for Entitlements Program shall be reported to
  313  the United States Department of Homeland Security and to the
  314  Secretary of State, and each agency shall monitor the program
  315  and report annually on errors and significant delays in the
  316  verification process in order to ensure that the application of
  317  the program is not wrongfully denying benefits to legal
  318  residents of the state.
  319         (10) Notwithstanding subsection (5), it is not a crime for
  320  an applicant for federal benefits, as defined in 8 U.S.C. s.
  321  1611, or for state or local benefits, as defined in 8 U.S.C. s.
  322  1621, to execute an affidavit that attests to his or her lawful
  323  presence in the United States and that contains a false
  324  statement if the affidavit is not required by this section.
  325         Section 7. Except as otherwise expressly provided in this
  326  act, this act shall take effect July 1, 2011.