HB 39

1	A bill to be entitled
2	An act relating to state contracting; creating s.
3	287.0575, F.S.; providing definitions; prohibiting
4	agencies from entering into contracts for commodities or
5	services with contractors not registered or participating
6	in a federal work authorization program; requiring
7	contractors and their subcontractors to participate in a
8	federal work authorization program; providing for phased
9	compliance with requirements; creating s. 337.163, F.S.;
10	providing definitions; prohibiting the Department of
11	Transportation from entering into construction and
12	maintenance contracts with contractors not registered or
13	participating in a federal work authorization program;
14	requiring contractors and their subcontractors to
15	participate in a federal work authorization program;
16	providing for phased compliance with requirements;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 287.0575, Florida Statutes, is created
22	to read:
23	287.0575  Compliance with federal work authorization
24	program.--
25	(1)  As used in this section, the term:
26	(a)  "Federal work authorization program" means any program
27	operated by the United States Department of Homeland Security
28	that provides electronic verification of work authorization
29	issued by the United States Bureau of Citizenship and
30	Immigration Services or any equivalent federal work
31	authorization program operated by the United States Department
32	of Homeland Security that provides for the verification of
33	information regarding newly hired employees under the
34	Immigration Reform and Control Act of 1986, Pub. L. No. 99-603.
35	(b)  "Subcontractor" means any entity providing services
36	for a contractor, whether as subcontractor, contract employee,
37	staffing agency, or other entity, regardless of the level of
38	subcontracting duties, if the services provided are related to
39	the contractor's contract with an agency.
40	(2)  No agency shall enter into a contract for commodities
41	or services under s. 287.057 unless the contractor registers and
42	participates in a federal work authorization program.
43	(3)  No contractor who receives an award under s. 287.057
44	shall execute a contract, purchase order, or subcontract in
45	connection with the award unless the contractor and all
46	subcontractors providing services for the contractor register
47	and participate in a federal work authorization program. The
48	contractor shall certify in writing to the agency that it is in
49	compliance with this subsection.
50	(4)  A contractor shall ensure that each subcontractor
51	providing services for the contractor registers and participates
52	in a federal work authorization program. Each subcontractor
53	shall certify in writing to the contractor that it is in
54	compliance with this subsection.
55	(5)  Subsections (2) through (4) shall apply:
56	(a)  On or after July 1, 2008, to contractors and
57	subcontractors having 500 or more employees.
58	(b)  On or after July 1, 2009, to contractors and
59	subcontractors having 100 or more employees.
60	(c)  On or after July 1, 2010, to all contractors and
61	subcontractors.
62	(6)  This section shall be enforced without regard to race,
63	religion, gender, ethnicity, or national origin.
64	Section 2.  Section 337.163, Florida Statutes, is created
65	to read:
66	337.163  Compliance with federal work authorization
67	program.--
68	(1)  As used in this section, the term:
69	(a)  "Federal work authorization program" means any program
70	operated by the United States Department of Homeland Security
71	that provides electronic verification of work authorization
72	issued by the United States Bureau of Citizenship and
73	Immigration Services or any equivalent federal work
74	authorization program operated by the United States Department
75	of Homeland Security that provides for the verification of
76	information regarding newly hired employees under the
77	Immigration Reform and Control Act of 1986, Pub. L. No. 99-603.
78	(b)  "Subcontractor" means any entity providing services
79	for a contractor, whether as subcontractor, contract employee,
80	staffing agency, or other entity, regardless of the level of
81	subcontracting duties, if the services provided are related to
82	the contractor's contract with the department.
83	(2)  The department may not enter into a contract under s.
84	337.11 in excess of the threshold amount provided in s. 287.017
85	for CATEGORY TWO unless the contractor registers and
86	participates in a federal work authorization program.
87	(3)  No contractor who receives an award under s. 337.11
88	for a contract in excess of the threshold amount provided in s.
89	287.017 for CATEGORY TWO shall execute a contract, purchase
90	order, or subcontract in connection with the award unless the
91	contractor and all subcontractors providing services for the
92	contractor register and participate in a federal work
93	authorization program. The contractor shall certify in writing
94	to the department that it is in compliance with this subsection.
95	(4)  A contractor shall ensure that each subcontractor
96	providing services for the contractor registers and participates
97	in a federal work authorization program. Each subcontractor
98	shall certify in writing to the contractor that it is in
99	compliance with this subsection.
100	(5)  Subsections (2) through (4) shall apply:
101	(a)  On or after July 1, 2008, to contractors and
102	subcontractors having 500 or more employees.
103	(b)  On or after July 1, 2009, to contractors and
104	subcontractors having 100 or more employees.
105	(c)  On or after July 1, 2010, to all contractors and
106	subcontractors.
107	(6)  This section shall be enforced without regard to race,
108	religion, gender, ethnicity, or national origin.
109	Section 3.  This act shall take effect July 1, 2007.

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