| 1 | Representative Randolph offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 412-442 and insert: |
| 5 | exceed $7,150. However, the total amount of benefits, if not a |
| 6 | multiple of $1, is rounded downward to the nearest full dollar |
| 7 | amount. These benefits are payable at a weekly rate no greater |
| 8 | than the weekly benefit amount. |
| 9 | (c) For claims submitted during a calendar year, the |
| 10 | duration of benefits is limited to: |
| 11 | 1. 16 weeks if the Florida average unemployment rate is at |
| 12 | or below 5 percent. |
| 13 | 2. An additional week in addition to the 16 weeks for each |
| 14 | 0.5 percent increment in the Florida average unemployment rate |
| 15 | above 5 percent, up to a maximum of 26 weeks. |
| 16 | (d) Notwithstanding any other provision in this section, |
| 17 | an eligible individual whose employer has violated the |
| 18 | provisions of s. 435.12 within 36 months after the individual |
| 19 | filing for benefits is entitled to benefits equal to twice the |
| 20 | amount described in this section. |
| 21 | (e)2. For the purposes of this subsection, wages are |
| 22 | counted as "wages for insured work" for benefit purposes with |
| 23 | respect to any benefit year only if the benefit year begins |
| 24 | after the date the employing unit by whom the wages were paid |
| 25 | has satisfied the conditions of this chapter for becoming an |
| 26 | employer. |
| 27 | (f)(b) If the remuneration of an individual is not based |
| 28 | upon a fixed period or duration of time or if the individual's |
| 29 | wages are paid at irregular intervals or in a manner that does |
| 30 | not extend regularly over the period of employment, the wages |
| 31 | for any week or for any calendar quarter for the purpose of |
| 32 | computing an individual's right to employment benefits only are |
| 33 | determined in the manner prescribed by rule. These rules, to the |
| 34 | extent practicable, must secure results reasonably similar to |
| 35 | those that would prevail if the individual were paid her or his |
| 36 | wages at regular intervals. |
| 37 | Section 9. Section 435.12, Florida Statutes, is created to |
| 38 | read: |
| 39 | 435.12 Employment of unauthorized aliens.- |
| 40 | (1) As used in this section, the term: |
| 41 | (a) "Employee" means any person who performs employment |
| 42 | services in this state for an employer pursuant to an employment |
| 43 | relationship between the employee and employer. |
| 44 | (b) "Employer" means any individual or type of |
| 45 | organization transacting business in this state and employing |
| 46 | one or more individuals who perform employment services in this |
| 47 | state. |
| 48 | (c) "E-Verify system" means the Employment Authorization |
| 49 | Program, formerly the "Basic Pilot Program," under Pub. L. No. |
| 50 | 104-208, Div. C, Title IV, Subtitle A, 110 Stat. 3009-655 (Sept. |
| 51 | 30, 1996), as amended, or any successor program designated by |
| 52 | the Federal Government for verification that an employee is an |
| 53 | employment-authorized alien. |
| 54 | (d) "Knowingly employ an unauthorized alien" means the |
| 55 | actions described in 8 U.S.C. s. 1324a. This term shall be |
| 56 | interpreted consistently with 8 U.S.C. s. 1324a and any |
| 57 | applicable federal rules and regulations. |
| 58 | (e) "Unauthorized alien" means an alien who is not |
| 59 | authorized under federal law to be employed in the United |
| 60 | States, as described in 8 U.S.C. s. 1324a(h)(3). |
| 61 | (2) An employer may not knowingly employ an unauthorized |
| 62 | alien. |
| 63 | (3) Beginning July 1, 2011, an employer with more than 25 |
| 64 | employees must use the E-Verify system to verify the employment |
| 65 | eligibility of all newly hired employees. |
| 66 | (4) For the purposes of this section, compliance with |
| 67 | subsection (3) creates a rebuttable presumption that an employer |
| 68 | did not knowingly employ an unauthorized alien in violation of |
| 69 | subsection (2). |
| 70 | (5)(a) An employer who knowingly employs an unauthorized |
| 71 | alien commits a misdemeanor of the second degree, punishable as |
| 72 | provided in s. 775.082 or s. 775.083, shall be assessed a fine |
| 73 | of $10,000 for each unauthorized alien knowingly employed, and |
| 74 | shall be ineligible to bid on any local or state government |
| 75 | project or contract for 3 years. Any and all fines collected |
| 76 | pursuant to this subsection shall be deposited into the |
| 77 | Unemployment Compensation Trust Fund. |
| 78 | (b) On receipt of a complaint that an employer allegedly |
| 79 | knowingly employs an unauthorized alien, the state attorney with |
| 80 | jurisdiction over the county in which the unauthorized alien was |
| 81 | employed shall investigate the complaint and shall verify the |
| 82 | employment eligibility of the alleged unauthorized alien. A |
| 83 | person who knowingly files a false or frivolous complaint under |
| 84 | this section commits a misdemeanor of the second degree, |
| 85 | punishable as provided in s. 775.082 or s. 775.083. |
| 86 |
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| 87 |
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| 88 | ----------------------------------------------------- |
| 89 | T I T L E A M E N D M E N T |
| 90 | Remove lines 22-24 and insert: |
| 91 | F.S.; providing a definition; revising the calculation of the |
| 92 | number of weeks of a claimant's benefit eligibility; creating s. |
| 93 | 435.12, F.S.; providing definitions; prohibiting an employer |
| 94 | from employing an unauthorized alien; requiring certain |
| 95 | employers to use the Employment Authorization Program to verify |
| 96 | the employment eligibility of each newly hired employee on or |
| 97 | after a specified date; providing penalties; providing |
| 98 | procedures for complaints alleging that an employer has employed |
| 99 | an unauthorized alien; providing penalties; amending s. |
| 100 | 443.1216, |