CS/HB 7089

1
A bill to be entitled
2An act relating to the enforcement of immigration laws;
3providing a short title; providing a directive to the
4Division of Statutory Revision; creating s. 820.01, F.S.;
5providing legislative intent; creating s. 820.02, F.S.;
6prohibiting the state or its political subdivisions from
7limiting or restricting the enforcement of federal
8immigration laws; providing that the state or its
9political subdivisions may not be prohibited from
10maintaining or exchanging information regarding
11immigration status for certain purposes; providing for
12enforcement and penalties; authorizing a law enforcement
13officer to determine immigration status under certain
14circumstances; providing that an alien who is in this
15state and is unlawfully present in the United States
16commits a misdemeanor of the second degree; providing
17penalties; requiring implementation consistent with
18federal law; prohibiting law enforcement officers from
19using race, color, or national origin in the enforcement;
20creating s. 820.03, F.S.; providing definitions; requiring
21every employer to use the federal E-Verify system to
22verify the employment eligibility of each employee on or
23after a specified date; prohibiting an employer from
24knowingly employing an unauthorized alien; requiring that
25each verification be made in accordance with certain
26provisions of federal law; authorizing certain persons to
27file a complaint with the licensing agency alleging that
28an employer has employed an unauthorized alien; providing
29for enforcement and penalties; providing that an employer
30is not liable for hiring, refusing to hire, or terminating
31an employee under certain conditions; authorizing an
32employer or employee to seek an injunction under certain
33circumstances; authorizing certain persons to file a
34complaint with the state attorney or Attorney General
35alleging that an employer has employed an unauthorized
36alien; authorizing enforcement by the state attorney and
37Attorney General; providing penalties; prohibiting the
38filing of a complaint based on race, color, or national
39origin; providing that a person who knowingly files a
40false and frivolous complaint commits a misdemeanor of the
41second degree; providing for construction; transferring
42and renumbering s. 448.09, F.S., relating to a prohibition
43on employment of unauthorized aliens; creating s. 287.135,
44F.S.; providing definitions; requiring public employers to
45use the federal E-Verify system to verify the employment
46eligibility of each employee; prohibiting a public
47employer from knowingly employing an unauthorized alien;
48providing that a public employer is not liable for hiring,
49refusing to hire, or terminating an employee under certain
50conditions; prohibiting public employers from entering
51into a contract for contractual services with contractors
52that are not registered and participating in the federal
53E-Verify system; prohibiting certain contractors and
54subcontractors from knowingly employing an unauthorized
55alien; providing procedures and requirements; providing
56that certain contractors and subcontractors are not liable
57for hiring, refusing to hire, or terminating an employee
58under certain conditions; providing for enforcement
59without regard to race, color, or national origin;
60creating s. 337.163, F.S.; providing definitions;
61prohibiting the Department of Transportation from entering
62into certain contracts with contractors that are not
63registered and participating in the federal E-Verify
64system; prohibiting certain contractors and subcontractors
65from knowingly employing an unauthorized alien; providing
66procedures and requirements; creating a rebuttable
67presumption that certain contractors and subcontractors
68did not knowingly employ an unauthorized alien; providing
69for enforcement without regard to race, color, or national
70origin; amending s. 901.15, F.S.; providing an additional
71instance whereby an arrest may be made by a law
72enforcement officer without a warrant; amending s.
73903.046, F.S.; providing additional criteria for the court
74to consider when determining whether to release a
75defendant on bail or other conditions; creating s.
76921.245, F.S.; providing for enhanced maximum criminal
77penalties when an offense is committed by an alien
78unlawfully present in the United States; providing
79severability; providing legislative findings of public
80necessity; providing effective dates.
81
82Be It Enacted by the Legislature of the State of Florida:
83
84     Section 1.  Short title.-This act may be cited as the
85"Florida Immigration Enforcement Act."
86     Section 2.  The Division of Statutory Revision is directed
87to create chapter 820, Florida Statutes, to be entitled
88"IMMIGRATION ENFORCEMENT."
89     Section 3.  Section 820.01, Florida Statutes, is created to
90read:
91     820.01  Intent.-The Legislature finds that there is a
92compelling interest in the cooperative enforcement of federal
93immigration laws throughout the state. The Legislature declares
94that the intent of this chapter is to discourage and deter the
95unlawful entry and presence of aliens in this state. The
96provisions of this chapter are intended to work together to
97accomplish this purpose.
98     Section 4.  Section 820.02, Florida Statutes, is created to
99read:
100     820.02  Cooperation and assistance in enforcement of
101immigration laws.-
102     (1)(a)  An official or agency of this state or a county,
103municipality, or other political subdivision of this state may
104not limit or restrict the enforcement of federal immigration
105laws to less than the full extent permitted by federal law.
106     (b)  Except as provided in federal law, officials or
107agencies of this state and counties, municipalities, and other
108political subdivisions of this state may not be prohibited or in
109any way be restricted from sending, receiving, or maintaining
110information relating to the immigration status, lawful or
111unlawful, of any individual or exchanging that information with
112any other federal, state, or local governmental entity for the
113following official purposes:
114     1.  Determining eligibility for any public benefit,
115service, or license provided by the Federal Government, the
116state, or any county, municipality, or other political
117subdivision of this state.
118     2.  Verifying any claim of residence or domicile if
119determination of residence or domicile is required under federal
120law, the laws of this state, or a judicial order issued pursuant
121to a civil or criminal proceeding in this state.
122     3.  If the person is an alien, determining whether the
123person is in compliance with the federal registration laws
124prescribed by Title II, Chapter 7 of the federal Immigration and
125Nationality Act.
126     4.  Complying with 8 U.S.C. ss. 1373 and 1644.
127     (c)1.  The Attorney General may enforce this subsection if
128there is reasonable cause to believe that this subsection has
129been violated and may commence a civil or administrative action
130and, in addition to the penalty provided in this subparagraph,
131may seek such other relief as may be appropriate. If there is a
132judicial finding that an entity has violated this subsection,
133the court shall order that the entity pay a civil penalty of not
134less than $500 and not more than $5,000 for each day that the
135policy remains in effect after the filing of an action under
136this subsection.
137     2.  The court shall collect the civil penalty prescribed in
138subparagraph 1. and deposit the moneys in the Violent Crime
139Investigative Emergency and Drug Control Strategy Implementation
140Account within the Department of Law Enforcement Operating Trust
141Fund pursuant to s. 943.042.
142     (2)(a)1.  A reasonable attempt may be made to determine the
143immigration status of a person who is the subject of a criminal
144investigation by a law enforcement official or a law enforcement
145agency of this state or of a county, municipality, or other
146political subdivision of this state, if reasonable suspicion
147exists that the person is an alien and is unlawfully present in
148the United States.
149     2.  A reasonable attempt shall be made to determine the
150immigration status of a person who is arrested by a law
151enforcement official or a law enforcement agency of this state
152or of a county, municipality, or other political subdivision of
153this state before the person is released, if reasonable
154suspicion exists that the person is an alien and is unlawfully
155present in the United States.
156     (b)  Immigration status shall be verified under this
157subsection with the Federal Government pursuant to 8 U.S.C. s.
1581373(c). If the person's status is reported by the Federal
159Government as unlawfully present in the United States, the law
160enforcement official or law enforcement agency must, as soon as
161practicable, report that person to the United States Immigration
162and Customs Enforcement or the United States Customs and Border
163Protection.
164     (3)  An alien who is in this state and is unlawfully
165present in the United States commits a misdemeanor of the second
166degree, punishable as provided in s. 775.082 and by a fine not
167to exceed $100. For a first violation of this subsection, the
168court may not sentence the person to more than 20 days in jail.
169For a second or subsequent violation, the court may not sentence
170the person to more than 30 days in jail.
171     (4)  A state or local correctional facility shall
172immediately notify the United States Immigration and Customs
173Enforcement or the United States Customs and Border Protection
174prior to the discharge from imprisonment of an alien unlawfully
175present in the United States.
176     (5)  In the implementation of this section, an alien's
177immigration status may be determined by:
178     (a)  A law enforcement officer who is authorized by the
179Federal Government to verify or ascertain an alien's immigration
180status.
181     (b)  The United States Immigration and Customs Enforcement
182or the United States Customs and Border Protection pursuant to 8
183U.S.C. s. 1373(c).
184     (6)  This section shall be implemented in a manner
185consistent with federal laws regulating immigration, protecting
186the civil rights of all persons, and respecting the privileges
187and immunities of United States citizens. A law enforcement
188official or agency of this state or a county, municipality, or
189other political subdivision of this state may not consider race,
190color, or national origin in the enforcement of this section
191except to the extent permitted by the United States Constitution
192or the State Constitution.
193     Section 5.  Effective July 1, 2012, section 820.03, Florida
194Statutes, is created to read:
195     820.03  Use of E-Verify system required for private
196employers; licensing enforcement.-
197     (1)  DEFINITIONS.-As used in this section, the term:
198     (a)  "Agency" means an agency, department, board, or
199commission of this state or a county, municipality, or political
200subdivision issuing a license for the purpose of operating a
201business in this state.
202     (b)  "E-Verify system" means the Employment Authorization
203Program, formerly the "Basic Pilot Program," under Pub. L. No.
204104-208, Division C, Title IV, Subtitle A, s. 403, 110 Stat.
2053009-655 (Sept. 30, 1996), as amended, or any successor program
206designated by the Federal Government for verification that an
207employee is an employment-authorized alien.
208     (c)  "Employee" means any person who performs employment
209services in this state for an employer pursuant to an employment
210relationship between the person and employer. An employee does
211not include an independent contractor.
212     (d)  "Employer" means any person or entity transacting
213business in this state that employs individuals. The term does
214not include:
215     1.  A government employer;
216     2.  The occupant or owner of a private residence who hires
217casual domestic labor to perform work customarily performed by a
218homeowner entirely within a private residence;
219     3.  That portion of labor and services provided to a person
220or entity by a licensed independent contractor; or
221     4.  An employee leasing company licensed pursuant to part
222XI of chapter 468 that enters into a written agreement or
223understanding with its client company which places the primary
224obligation for compliance with this part upon its client
225company. In the absence of a written agreement or understanding,
226the contracting party, whether the licensed employee leasing
227company or client company, that initially hires the leased
228employee is responsible for the obligations set forth in this
229part. Such employee leasing company shall, at all times, remain
230an employer as otherwise specified by law.
231     (e)  "Knowingly employ an unauthorized alien" has the same
232meaning as prescribed in 8 U.S.C. s. 1324a. The term shall be
233interpreted consistently with 8 U.S.C. s. 1324a and any federal
234rule or regulation applicable to the unlawful employment of
235aliens.
236     (f)  "License" means a license, permit, certificate,
237approval, registration, charter, or similar form of
238authorization required by law and issued by an agency for the
239purpose of operating a business. A license includes, but is not
240limited to:
241     1.  Articles of incorporation.
242     2.  A certificate of partnership, a partnership
243registration, or articles of organization.
244     3.  A grant of authority issued pursuant to state or
245federal law.
246     4.  A transaction privilege tax license.
247     (g)  "Unauthorized alien" means an alien who is not
248authorized under federal law to be employed in the United
249States, as provided in 8 U.S.C. s. 1324a(h)(3). This term shall
250be interpreted consistently with that section and any applicable
251federal rules or regulations.
252     (2)  VERIFICATION OF EMPLOYMENT ELIGIBILITY; SUSPENSION OF
253LICENSE.-Paragraphs (a) and (b) apply with respect to employers
254employing 100 or more employees on or after July 1, 2012, and
255with respect to all employers on and after July 1, 2013.
256     (a)  Every employer shall use the E-Verify system to verify
257the employment eligibility of all newly hired employees within
258the period stipulated by federal law or regulations after the
259hiring of the employee. However, an employer is not required to
260verify the employment eligibility of a continuing employee hired
261before the date of the applicability of the verification
262requirements of this section on the employer.
263     (b)  A business that has not complied with paragraph (a)
264shall lose its license to do business in this state until the
265business has registered with the E-Verify system and provided
266the agency with a sworn affidavit stating that the business has
267registered with the E-Verify system.
268     (3)  EMPLOYMENT OF UNAUTHORIZED ALIENS; SUSPENSION OF
269LICENSE.-
270     (a)  An employer may not knowingly employ an unauthorized
271alien.
272     (b)  A person who has actual or constructive knowledge that
273an employer employs, or has within the last 90 days employed, an
274unauthorized alien may file a complaint with the agency.
275     (c)  Upon the receipt of a valid complaint of a violation
276of paragraph (a), the agency shall notify the employer of the
277complaint and direct the employer to notify any affected
278employees named in the complaint.
279     (d)  The agency shall request that the Federal Government
280verify, pursuant to 8 U.S.C. s. 1373(c), the employment status
281of any employee named in the complaint.
282     (e)  If the agency has reasonable cause to believe that the
283employer has employed an unauthorized alien, the agency shall
284notify the local law enforcement agency of the presence of the
285unauthorized alien in the jurisdiction.
286     (f)1.  Upon finding that an employer has violated paragraph
287(a), the agency shall order the employer to:
288     a.  Terminate the employment of all unauthorized aliens;
289and
290     b.  File a sworn affidavit with the agency within 10 days
291after the receipt of the order. The affidavit must state that
292the employer has corrected the violation by:
293     (I)  Terminating the unauthorized alien's employment;
294     (II)  Requesting that a second or additional verification
295of the alien's employment status be authorized by using the E-
296Verify system; or
297     (III)  Attempting to terminate the unauthorized alien's
298employment, and such termination has been challenged in a court
299of competent jurisdiction.
300     2.  If the employer fails to file the required affidavit,
301the agency shall suspend all applicable licenses held by the
302employer. All such licenses suspended shall remain suspended
303until the sworn affidavit is filed. Notwithstanding any other
304law, the suspended licenses shall be deemed to have been
305reinstated upon the filing of the affidavit. During the pendency
306of an action, the 10-day period shall be tolled. The 10-day
307period shall also be tolled for any period during which the
308Federal Government allows an alien to challenge the Federal
309Government's determination of his or her immigration status or
310employment authorization.
311     3.  Licenses subject to suspension under this subsection
312include all licenses that are held by the employer and that are
313necessary to operate the employer's business at the location at
314which the unauthorized alien performed work. If a license is not
315necessary to operate the employer's business at the specific
316location at which the unauthorized alien performed work, but a
317license is necessary to operate the employer's business in
318general, the licenses subject to suspension under subparagraph
3192. include all licenses held by the employer at the employer's
320primary place of business.
321     (g)  Upon finding a second or subsequent violation of
322paragraph (a) during a 2-year period, the agency shall suspend,
323for at least 30 days, all licenses that are held by the employer
324and that are necessary to operate the employer's business at the
325location at which the unauthorized alien performed work. If a
326license is not necessary to operate the employer's business at
327the specific location at which the unauthorized alien performed
328work, but a license is necessary to operate the employer's
329business in general, the agency shall suspend all licenses held
330by the employer at the employer's primary place of business for
33130 days or upon compliance with paragraph (f), whichever occurs
332later.
333     (h)1.  An employer registered with and participating in the
334E-Verify system may not be held civilly liable in a cause of
335action for the employer's:
336     a.  Unlawful hiring of an unauthorized alien if the
337information obtained in accordance with the E-Verify system
338indicated that the employee's federal legal employment status
339allowed the employer to hire the employee; or
340     b.  Refusal to hire an individual if the information
341obtained in accordance with the E-Verify system indicated that
342the individual's federal legal employment status was that of an
343unauthorized alien.
344     2.  Any employer who properly complies with the E-Verify
345system in good faith shall not be liable for any damages and
346shall be immune from any legal cause of action brought by any
347person or entity, including, but not limited to, former
348employees, for use and reliance upon any incorrect information
349provided by the E-Verify system when determining final action on
350an employee's employment status.
351     3.  An employer is considered to have complied with the
352requirements of 8 U.S.C. s. 1324a(b), notwithstanding an
353isolated, sporadic, or accidental technical or procedural
354failure to meet the requirements, if there is a good faith
355attempt to comply with the requirements.
356     (4)  INJUNCTION.-At any time after a complaint is received,
357an employer subject to a complaint under this section, or any
358employee of the employer who is alleged to be an unauthorized
359alien, may challenge and seek to enjoin the enforcement of this
360section before a court of competent jurisdiction.
361     (5)  ENFORCEMENT.-
362     (a)  A person who has actual or constructive knowledge that
363an employer employs, or has within the last 90 days employed, an
364unauthorized alien may file a complaint with the state attorney
365or Attorney General. The state attorney and Attorney General may
366enforce this section if there is reasonable cause to believe
367that this section has been violated and may commence a civil or
368administrative action and seek such other relief as may be
369appropriate.
370     (b)  If there is a judicial finding that an employer has
371violated this section, the court shall order that the employer's
372license be suspended in the same manner and under the same terms
373as provided in paragraphs (3)(f) and (g).
374     (6)  NONDISCRIMINATION.-A complaint made under this section
375may not be based on race, color, or national origin, except to
376the extent permitted by the United States Constitution or the
377State Constitution. A person who knowingly files a false and
378frivolous complaint under this section commits a misdemeanor of
379the second degree, punishable as provided in s. 775.082 or s.
380775.083.
381     (7)  CONSTRUCTION.-This section must be enforced without
382regard to race, color, or national origin and shall be construed
383in a manner so as to be fully consistent with any applicable
384provisions of federal law.
385     Section 6.  Section 448.09, Florida Statutes, is
386transferred and renumbered as section 820.04, Florida Statutes.
387     Section 7.  Effective January 1, 2012, section 287.135,
388Florida Statutes, is created to read:
389     287.135  Verification of immigration status; public
390employers.-
391     (1)  As used in the section, the term:
392     (a)  "Contractor" means a person who has entered or is
393attempting to enter into a public contract for services with a
394public employer.
395     (b)  "E-Verify system" has the same meaning as provided in
396s. 820.03.
397     (c)  "Knowingly employ an unauthorized alien" has the same
398meaning as provided in s. 820.03.
399     (d)  "Public employer" means any department, agency,
400county, municipality, or political subdivision of the state.
401     (e)  "Subcontractor" means any supplier, distributor,
402vendor, or firm furnishing supplies or services to or for a
403contractor or another subcontractor.
404     (f)  "Unauthorized alien" has the same meaning as provided
405in s. 820.03.
406     (2)  Every public employer shall use the E-Verify system to
407verify the employment eligibility of all newly hired employees
408within the period stipulated by federal law or regulations after
409the hiring of the employee. However, a public employer is not
410required to verify the employment eligibility of a continuing
411employee hired before the date of the applicability of the
412verification requirements of this section on the employer.
413     (3)(a)  A public employer may not knowingly employ an
414unauthorized alien.
415     (b)1.  A public employer registered with and participating
416in the E-Verify system may not be held civilly liable in a cause
417of action for the public employer's:
418     a.  Unlawful hiring of an unauthorized alien if the
419information obtained in accordance with the E-Verify system
420indicated that the employee's federal legal employment status
421allowed the public employer to hire the employee; or
422     b.  Refusal to hire an individual if the information
423obtained in accordance with the E-Verify system indicated that
424the individual's federal legal employment status was that of an
425unauthorized alien.
426     2.  Any public employer who properly complies with the E-
427Verify system in good faith shall not be liable for any damages
428and shall be immune from any legal cause of action brought by
429any person or entity, including, but not limited to, former
430employees, for use and reliance upon any incorrect information
431provided by the E-Verify system when determining final action on
432an employee's employment status.
433     3.  A public employer is considered to have complied with
434the requirements of 8 U.S.C. s. 1324a(b), notwithstanding an
435isolated, sporadic, or accidental technical or procedural
436failure to meet the requirements, if there is a good faith
437attempt to comply with the requirements.
438     (4)(a)  A contractor or subcontractor may not knowingly
439employ an unauthorized alien.
440     (b)1.  A public employer may not enter into a contract for
441the physical performance of services unless the contractor
442registers and participates in the E-Verify system.
443     2.  A contractor or subcontractor may not enter into a
444contract or subcontract with a public employer in connection
445with the physical performance of services unless the contractor
446or subcontractor registers with and uses the E-Verify system for
447the purpose of verifying information of all newly hired
448employees.
449     (c)  If a contractor uses a subcontractor, the
450subcontractor shall certify to the contractor that the
451subcontractor, at the time of certification, does not employ or
452contract with an unauthorized alien.
453     (d)  A contractor shall maintain a copy of the
454certification of a subcontractor throughout the duration of the
455term of a contract with the subcontractor.
456     (e)  If a contractor knows that a subcontractor is in
457violation of this subsection, the contractor shall terminate the
458contract with the subcontractor.
459     (f)  If a public employer knows that a contractor is in
460violation of this subsection, the public employer shall
461immediately terminate the contract with the contractor and the
462contractor is not eligible for public contracts for 1 year after
463the date of termination. If the public employer has knowledge
464that a subcontractor has violated this subsection, and the
465contractor has otherwise complied with this subsection, the
466public employer shall promptly notify the contractor and order
467the contractor to terminate the contract with the noncompliant
468subcontractor.
469     (g)  Termination of a contract pursuant to paragraph (e) or
470paragraph (f) is not a breach of contract and may not be
471considered as such by the contractor or subcontractor.
472     (h)  A contractor or subcontractor may file an action with
473a circuit or county court having jurisdiction in the county to
474challenge a termination of a contract under this subsection no
475later than 20 days after the date on which the contract or
476subcontract was terminated.
477     (i)1.  A contractor or subcontractor registered with and
478participating in the E-Verify system may not be held civilly
479liable in a cause of action for the contractor's or
480subcontractor's:
481     a.  Unlawful hiring of an unauthorized alien if the
482information obtained in accordance with the E-Verify system
483indicated that the employee's federal legal employment status
484allowed the contractor or subcontractor to hire the employee; or
485     b.  Refusal to hire an individual if the information
486obtained in accordance with the E-Verify system indicated that
487the individual's federal legal employment status was that of an
488unauthorized alien.
489     2.  Any contractor or subcontractor who properly complies
490with the E-Verify system in good faith shall not be liable for
491any damages and shall be immune from any legal cause of action
492brought by any person or entity, including, but not limited to,
493former employees, for use and reliance upon any incorrect
494information provided by the E-Verify system when determining
495final action on an employee's employment status.
496     3.  A contractor or subcontractor is considered to have
497complied with the requirements of 8 U.S.C. s. 1324a(b),
498notwithstanding an isolated, sporadic, or accidental technical
499or procedural failure to meet the requirements, if there is a
500good faith attempt to comply with the requirements.
501     (5)  This section shall be construed in a manner so as to
502be fully consistent with any applicable federal law and shall be
503enforced without regard to race, color, or national origin.
504     Section 8.  Effective January 1, 2012, section 337.163,
505Florida Statutes, is created to read:
506     337.163  Compliance with federal work-authorization
507program.-
508     (1)  As used in this section, the term:
509     (a)  "Contractor" means a person who has entered or is
510attempting to enter into a contract with the department for
511services under this chapter.
512     (b)  "E-Verify system" has the same meaning as provided in
513s. 820.03.
514     (c)  "Knowingly employ an unauthorized alien" has the same
515meaning as provided in s. 820.03.
516     (d)  "Subcontractor" means any supplier, distributor,
517vendor, or firm furnishing supplies or services to or for a
518contractor or another subcontractor under this chapter.
519     (e)  "Unauthorized alien" has the same meaning as provided
520in s. 820.03.
521     (2)(a)  A contractor or subcontractor may not knowingly
522employ an unauthorized alien.
523     (b)  The department may not enter into a contract under
524this chapter for contractual services unless the contractor
525registers and participates in the E-Verify system.
526     (c)  A contractor who receives a contract award under this
527chapter for contractual services may not execute a contract,
528purchase order, or subcontract in connection with the award
529unless the contractor and all subcontractors providing services
530for the contractor register and participate in the E-Verify
531system. The contractor shall certify in writing to the
532department that it is in compliance with this section.
533     (d)  A contractor shall ensure that each subcontractor
534providing services for the contractor registers and participates
535in the E-Verify system. Each subcontractor shall certify in
536writing to the contractor that it is in compliance with this
537section. A contractor shall maintain a copy of the certification
538of a subcontractor throughout the duration of the term of a
539contract with the subcontractor.
540     (e)  If a contractor knows that a subcontractor is in
541violation of this subsection, the contractor shall terminate the
542contract with the subcontractor.
543     (f)  If the department knows that a contractor is in
544violation of this section, the department shall immediately
545terminate the contract with the contractor and the contractor is
546not eligible for public contracts for 1 year after the date of
547termination. If the department has knowledge that a
548subcontractor has violated this section, and the contractor has
549otherwise complied with this section, the department shall
550promptly notify the contractor and order the contractor to
551terminate the contract with the noncompliant subcontractor.
552     (g)  Termination of a contract pursuant to paragraph (e) or
553paragraph (f) is not a breach of contract and may not be
554considered as such by the contractor or subcontractor.
555     (h)  A contractor or subcontractor may file an action with
556a circuit or county court having jurisdiction in the county to
557challenge a termination of a contract under this subsection no
558later than 20 days after the date on which the contract or
559subcontract was terminated.
560     (i)  For the purposes of this subsection, compliance with
561paragraph (b) or paragraph (c) creates a rebuttable presumption
562that a contractor or subcontractor did not knowingly employ an
563unauthorized alien. A contractor or subcontractor that
564establishes that it has complied in good faith with the
565requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative
566defense that the contractor or subcontractor did not knowingly
567employ an unauthorized alien. A contractor or subcontractor is
568considered to have complied with the requirements of 8 U.S.C. s.
5691324a(b), notwithstanding an isolated, sporadic, or accidental
570technical or procedural failure to meet the requirements, if
571there is a good faith attempt to comply with the requirements.
572     (3)  This section shall be construed in a manner so as to
573be fully consistent with any applicable federal law and shall be
574enforced without regard to race, color, or national origin.
575     Section 9.  Subsection (16) is added to section 901.15,
576Florida Statutes, to read:
577     901.15  When arrest by officer without warrant is lawful.-A
578law enforcement officer may arrest a person without a warrant
579when:
580     (16)  The officer has probable cause to believe that the
581person to be arrested is unlawfully in the United States in
582violation of state and federal law.
583     Section 10.  Paragraph (c) of subsection (2) of section
584903.046, Florida Statutes, is amended to read:
585     903.046  Purpose of and criteria for bail determination.-
586     (2)  When determining whether to release a defendant on
587bail or other conditions, and what that bail or those conditions
588may be, the court shall consider:
589     (c)  The defendant's family ties, length of residence in
590the community, legal residency status in the United States,
591employment history, financial resources, and mental condition.
592     Section 11.  Section 921.245, Florida Statutes, is created
593to read:
594     921.245  Illegal alien multiplier; enhanced penalties.-Upon
595a finding by the trier of fact that the defendant committed the
596charged offense while the defendant was an alien and was
597unlawfully present in the United States, the penalty for any
598felony or misdemeanor, or any delinquent act or violation of law
599that would be a felony or misdemeanor if committed by an adult,
600may be enhanced. Penalty enhancement affects the applicable
601statutory maximum penalty only. Each of the findings required as
602a basis for such sentence must be found beyond a reasonable
603doubt. The enhancement shall be as follows:
604     (1)(a)  A misdemeanor of the second degree may be punished
605as if it were a misdemeanor of the first degree.
606     (b)  A misdemeanor of the first degree may be punished as
607if it were a felony of the third degree. For purposes of
608sentencing under this chapter and determining incentive gain-
609time eligibility under chapter 944, such offense shall be ranked
610in level 1 of the offense severity ranking chart.
611     (2)(a)  A felony of the third degree may be punished as if
612it were a felony of the second degree.
613     (b)  A felony of the second degree may be punished as if it
614were a felony of the first degree.
615     (c)  A felony of the first degree may be punished as if it
616were a life felony.
617
618For purposes of sentencing under this chapter and determining
619incentive gain-time eligibility under chapter 944, such felony
620offense shall be ranked as provided in s. 921.0022 or s.
621921.0023, without regard to the penalty enhancement in this
622subsection.
623     Section 12.  If any portion of this act is declared
624unconstitutional or the application of any part of this act to
625any person or circumstance is held invalid, the remaining
626portions of the act and their applicability to any person or
627circumstance shall remain valid and enforceable.
628     Section 13.  The Legislature finds that ensuring that only
629those who are authorized to work in the United States are
630employed in this state is an overwhelming public necessity. The
631Legislature finds that discouraging the presence of unauthorized
632aliens in the state and enforcing immigration laws will promote
633public safety and is an overwhelming public necessity.
634     Section 14.  Except as otherwise expressly provided in this
635act, this act shall take effect October 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.