1

A bill to be entitled

2

An act relating to unauthorized employment; amending s.

3

193.461, F.S.; requiring denial of agricultural

4

classification and assessment for specified time periods

5

under circumstances involving knowingly hiring,

6

recruiting, or referring for employment unauthorized

7

aliens; requiring alternative assessment for specified

8

time; amending s. 448.09, F.S.; providing an additional

9

civil penalty for employment of unauthorized aliens;

10

amending s. 570.07, F.S.; requiring the Department of

11

Agriculture and Consumer Services to disseminate

12

information concerning compliance with federal work

13

authorization programs; providing a definition; creating

14

s. 559.7915, F.S.; requiring information demonstrating

15

compliance with federal work authorization program as a

16

condition of licensure, certification, or registration;

17

providing a definition; prohibiting knowingly hiring,

18

recruiting, or referring for employment an unauthorized

19

alien; establishing grounds for disciplinary action by the

20

Department of Business and Professional Regulation;

21

providing penalties; providing an effective date.

22

23

Be It Enacted by the Legislature of the State of Florida:

24

25

     Section 1.  Section 193.461, Florida Statutes, is amended to

26

read:

27

     193.461  Agricultural lands; classification and assessment;

28

mandated eradication or quarantine program; unauthorized

29

employment prohibited; penalties.--

30

     (1)  The property appraiser shall, on an annual basis,

31

classify for assessment purposes all lands within the county as

32

either agricultural or nonagricultural.

33

     (2)  Any landowner whose land is denied agricultural

34

classification by the property appraiser may appeal to the value

35

adjustment board.  The property appraiser shall notify the

36

landowner in writing of the denial of agricultural classification

37

on or before July 1 of the year for which the application was

38

filed.  The notification shall advise the landowner of his or her

39

right to appeal to the value adjustment board and of the filing

40

deadline. The board may also review all lands classified by the

41

property appraiser upon its own motion.  The property appraiser

42

shall have available at his or her office a list by ownership of

43

all applications received showing the acreage, the full valuation

44

under s. 193.011, the valuation of the land under the provisions

45

of this section, and whether or not the classification requested

46

was granted.

47

     (3)(a)  No lands shall be classified as agricultural lands

48

unless a return is filed on or before March 1 of each year.  The

49

property appraiser, before so classifying such lands, may require

50

the taxpayer or the taxpayer's representative to furnish the

51

property appraiser such information as may reasonably be required

52

to establish that such lands were actually used for a bona fide

53

agricultural purpose.  Failure to make timely application by

54

March 1 shall constitute a waiver for 1 year of the privilege

55

herein granted for agricultural assessment.  However, an

56

applicant who is qualified to receive an agricultural

57

classification who fails to file an application by March 1 may

58

file an application for the classification and may file, pursuant

59

to s. 194.011(3), a petition with the value adjustment board

60

requesting that the classification be granted.  The petition may

61

be filed at any time during the taxable year on or before the

62

25th day following the mailing of the notice by the property

63

appraiser as provided in s. 194.011(1). Notwithstanding the

64

provisions of s. 194.013, the applicant must pay a nonrefundable

65

fee of $15 upon filing the petition.  Upon reviewing the

66

petition, if the person is qualified to receive the

67

classification and demonstrates particular extenuating

68

circumstances judged by the property appraiser or the value

69

adjustment board to warrant granting the classification, the

70

property appraiser or the value adjustment board may grant the

71

classification. The owner of land that was classified

72

agricultural in the previous year and whose ownership or use has

73

not changed may reapply on a short form as provided by the

74

department.  The lessee of property may make original application

75

or reapply using the short form if the lease, or an affidavit

76

executed by the owner, provides that the lessee is empowered to

77

make application for the agricultural classification on behalf of

78

the owner and a copy of the lease or affidavit accompanies the

79

application.  A county may, at the request of the property

80

appraiser and by a majority vote of its governing body, waive the

81

requirement that an annual application or statement be made for

82

classification of property within the county after an initial

83

application is made and the classification granted by the

84

property appraiser. Such waiver may be revoked by a majority vote

85

of the governing body of the county.

86

     (b)  Subject to the restrictions set out in this section,

87

only lands which are used primarily for bona fide agricultural

88

purposes shall be classified agricultural. "Bona fide

89

agricultural purposes" means good faith commercial agricultural

90

use of the land. In determining whether the use of the land for

91

agricultural purposes is bona fide, the following factors may be

92

taken into consideration:

93

     1.  The length of time the land has been so utilized;

94

     2.  Whether the use has been continuous;

95

     3.  The purchase price paid;

96

     4.  Size, as it relates to specific agricultural use;

97

     5.  Whether an indicated effort has been made to care

98

sufficiently and adequately for the land in accordance with

99

accepted commercial agricultural practices, including, without

100

limitation, fertilizing, liming, tilling, mowing, reforesting,

101

and other accepted agricultural practices;

102

     6.  Whether such land is under lease and, if so, the

103

effective length, terms, and conditions of the lease; and

104

     7.  Such other factors as may from time to time become

105

applicable.

106

     (c)  The maintenance of a dwelling on part of the lands used

107

for agricultural purposes shall not in itself preclude an

108

agricultural classification.

109

     (d)  When property receiving an agricultural classification

110

contains a residence under the same ownership, the portion of the

111

property consisting of the residence and curtilage must be

112

assessed separately, pursuant to s. 193.011, to qualify for the

113

assessment limitation set forth in s. 193.155. The remaining

114

property may be classified under the provisions of paragraphs (a)

115

and (b).

116

     (e)  Notwithstanding the provisions of paragraph (a), land

117

that has received an agricultural classification from the value

118

adjustment board or a court of competent jurisdiction pursuant to

119

this section is entitled to receive such classification in any

120

subsequent year until such agricultural use of the land is

121

abandoned or discontinued, the land is diverted to a

122

nonagricultural use, or the land is reclassified as

123

nonagricultural pursuant to subsection (4). The property

124

appraiser must, no later than January 31 of each year, provide

125

notice to the owner of land that was classified agricultural in

126

the previous year informing the owner of the requirements of this

127

paragraph and requiring the owner to certify that neither the

128

ownership nor the use of the land has changed. The department

129

shall, by administrative rule, prescribe the form of the notice

130

to be used by the property appraiser under this paragraph. If a

131

county has waived the requirement that an annual application or

132

statement be made for classification of property pursuant to

133

paragraph (a), the county may, by a majority vote of its

134

governing body, waive the notice and certification requirements

135

of this paragraph and shall provide the property owner with the

136

same notification provided to owners of land granted an

137

agricultural classification by the property appraiser. Such

138

waiver may be revoked by a majority vote of the county's

139

governing body. This paragraph does not apply to any property if

140

the agricultural classification of that property is the subject

141

of current litigation.

142

     (4)(a)  The property appraiser shall reclassify the

143

following lands as nonagricultural:

144

     1.  Land diverted from an agricultural to a nonagricultural

145

use.

146

     2.  Land no longer being utilized for agricultural purposes.

147

     3.  Land that has been zoned to a nonagricultural use at the

148

request of the owner subsequent to the enactment of this law.

149

     (b)  The board of county commissioners may also reclassify

150

lands classified as agricultural to nonagricultural when there is

151

contiguous urban or metropolitan development and the board of

152

county commissioners finds that the continued use of such lands

153

for agricultural purposes will act as a deterrent to the timely

154

and orderly expansion of the community.

155

     (c)  Sale of land for a purchase price which is three or

156

more times the agricultural assessment placed on the land shall

157

create a presumption that such land is not used primarily for

158

bona fide agricultural purposes.  Upon a showing of special

159

circumstances by the landowner demonstrating that the land is to

160

be continued in bona fide agriculture, this presumption may be

161

rebutted.

162

     (5)  For the purpose of this section, "agricultural

163

purposes" includes, but is not limited to, horticulture;

164

floriculture; viticulture; forestry; dairy; livestock; poultry;

165

bee; pisciculture, when the land is used principally for the

166

production of tropical fish; aquaculture; sod farming; and all

167

forms of farm products and farm production.

168

     (6)(a)  In years in which proper application for

169

agricultural assessment has been made and granted pursuant to

170

this section, the assessment of land shall be based solely on its

171

agricultural use. The property appraiser shall consider the

172

following use factors only:

173

     1.  The quantity and size of the property;

174

     2.  The condition of the property;

175

     3.  The present market value of the property as agricultural

176

land;

177

     4.  The income produced by the property;

178

     5.  The productivity of land in its present use;

179

     6.  The economic merchantability of the agricultural

180

product; and

181

     7.  Such other agricultural factors as may from time to time

182

become applicable, which are reflective of the standard present

183

practices of agricultural use and production.

184

     (b)  Notwithstanding any provision relating to annual

185

assessment found in s. 192.042, the property appraiser shall rely

186

on 5-year moving average data when utilizing the income

187

methodology approach in an assessment of property used for

188

agricultural purposes.

189

     (c)1.  For purposes of the income methodology approach to

190

assessment of property used for agricultural purposes, irrigation

191

systems, including pumps and motors, physically attached to the

192

land shall be considered a part of the average yields per acre

193

and shall have no separately assessable contributory value.

194

     2.  Litter containment structures located on producing

195

poultry farms and animal waste nutrient containment structures

196

located on producing dairy farms shall be assessed by the

197

methodology described in subparagraph 1.

198

     (d)  In years in which proper application for agricultural

199

assessment has not been made, the land shall be assessed under

200

the provisions of s. 193.011.

201

     (7)  Lands classified for assessment purposes as

202

agricultural lands which are taken out of production by any state

203

or federal eradication or quarantine program shall continue to be

204

classified as agricultural lands for the duration of such program

205

or successor programs. Lands under these programs which are

206

converted to fallow, or otherwise nonincome-producing uses shall

207

continue to be classified as agricultural lands and shall be

208

assessed at a de minimis value of no more than $50 per acre, on a

209

single year assessment methodology; however, lands converted to

210

other income-producing agricultural uses permissible under such

211

programs shall be assessed pursuant to this section. Land under a

212

mandated eradication or quarantine program which is diverted from

213

an agricultural to a nonagricultural use shall be assessed under

214

s. 193.011.

215

     (8)(a) Lands may not be classified as agricultural lands

216

for the length of time specified in paragraph (b) if the

217

landowner has been determined to have violated any provision of

218

the federal immigration law by knowingly hiring, recruiting, or

219

referring for herself or himself or on behalf of another, for

220

private or public employment within the state, whether through

221

direct employment or through a contractor or subcontractor, a

222

person who is not duly authorized to work by the federal

223

immigration laws or the Attorney General of the United States.

224

     (b) If the appraiser determines that the landowner applying

225

under this section meets the conditions specified in paragraph

226

(a), the appraiser shall deny application for classification

227

assessment as agricultural property by the landowner for the

228

lengths of time for conditions as follows:

229

     1. A minimum period of 2 years for a violation involving

230

the employment of five or fewer persons who are not duly

231

authorized to work by the federal immigration laws or the

232

Attorney General of the United States.

233

     2. A period of 5 years for a violation involving the

234

employment of six to 10 persons who are not duly authorized to

235

work by the federal immigration laws or the Attorney General of

236

the United States.

237

     3. A period of 10 years for a violation involving the

238

unauthorized employment of more than 10 persons who are not duly

239

authorized to work by the federal immigration laws or the

240

Attorney General of the United States.

241

     (c) For the years the land is not assessed as agricultural

242

pursuant to this section, it shall be assessed under s. 193.011.

243

     Section 2.  Subsection (4) is added to section 448.09,

244

Florida Statutes, to read:

245

     448.09  Unauthorized aliens; employment prohibited.--

246

     (4) In addition to any penalty specified in s. 193.461(8),

247

a landowner is also subject to a civil fine of $25,000 for the

248

employment of each person who is not duly authorized to work by

249

the federal immigration laws or the Attorney General of the

250

United States.

251

     Section 3.  Subsection (42) is added to section 570.07,

252

Florida Statutes, to read:

253

     570.07  Department of Agriculture and Consumer Services;

254

functions, powers, and duties.--The department shall have and

255

exercise the following functions, powers, and duties:

256

     (42) To provide information for dissemination to all

257

persons who are served by or regulated by the department in its

258

various agricultural capacities in order to foster and encourage

259

compliance with federal work authorization programs. This

260

information shall include the need for compliance both as it

261

relates to those directly employed by those persons and as it

262

relates to those employed by contractors and subcontractors. For

263

the purposes of this subsection, the term "federal work

264

authorization program" means any program operated by the United

265

States Department of Homeland Security which provides electronic

266

verification of work authorization issued by the United States

267

Bureau of Citizenship and Immigration Services or any equivalent

268

federal work authorization program operated by the United States

269

Department of Homeland Security which provides for the

270

verification of information regarding newly hired employees under

271

the Immigration Reform and Control Act of 1986, Pub. L. No. 99-

272

603.

273

     Section 4.  Section 559.7915, Florida Statutes, is created

274

to read:

275

     559.7915 Compliance with federal work authorization

276

program; information required for licensure, certification, or

277

registration; unauthorized employment prohibited; penalties.--

278

     (1)(a) As a condition of licensure, certification, or

279

registration or renewal of a license, certification, or

280

registration under part III of chapter 450, part I of chapter

281

489, part I of chapter 509, or under chapter 563, chapter 564, or

282

chapter 565, if that person is also applying for or possesses a

283

license under part I of chapter 509, a person applying for a

284

license, certification, or registration shall ensure compliance

285

with a federal work authorization program regarding all employees

286

and shall ensure that any contractors and subcontractors

287

providing services to the applicant register and participate in a

288

federal work authorization program. Proof of compliance shall be

289

by certification by the applicant for all employees and by

290

certification to the applicant by any contractor or subcontractor

291

that the contractor or subcontractor is in compliance.

292

     (b) For the purpose of this subsection, the term "federal

293

work authorization program" means any program operated by the

294

United States Department of Homeland Security which provides

295

electronic verification of work authorization issued by the

296

United States Bureau of Citizenship and Immigration Services or

297

any equivalent federal work authorization program operated by the

298

United States Department of Homeland Security which provides for

299

the verification of information regarding newly hired employees

300

under the Immigration Reform and Control Act of 1986, Pub. L. No.

301

99-603.

302

     (2) A person applying for a license, certification, or

303

registration or for renewal of a license, certification, or

304

registration, or a person possessing a license, certification, or

305

registration under the provisions of law cited in subsection (1)

306

who has been determined to have violated any provision of the

307

federal immigration law by knowingly hiring, recruiting, or

308

referring for herself or himself or on behalf of another, for

309

private or public employment within the state, a person who is

310

not duly authorized to work by the federal immigration laws or by

311

the United States Attorney General constitutes grounds for which

312

the disciplinary actions specified in subsection (3) may be

313

taken.

314

     (3) When the board, or the department when there is no

315

board, determines that a person applying for or possessing a

316

license, certification, or registration has been determined to

317

meet the conditions specified in subsection (2), it shall enter

318

an order imposing one of the penalties in paragraphs (a)-(d) and

319

imposing the fine in paragraph (e) for penalties imposed under

320

paragraphs (b), (c), or (d):

321

     (a) Denial of application for initial or renewal of a

322

license, certification, or registration.

323

     (b) Suspension of a license, certification, or registration

324

for a minimum of 2 years for a violation involving the employment

325

of five or fewer persons who are not duly authorized to work by

326

the federal immigration laws or by the Attorney General of the

327

United States.

328

     (c) Suspension of a license, certification, or registration

329

for 5 years for a violation involving the employment of six to

330

ten persons who are not duly authorized to work by the federal

331

immigration laws or by the Attorney General of the United States.

332

     (d) Revocation of a license, certification, or registration

333

for a violation involving the unauthorized employment of more

334

than 10 persons who are not duly authorized to work by the

335

federal immigration laws or by the Attorney General of the United

336

States.

337

     (e) Imposition of an administrative fine of $25,000 for

338

each person who is not duly authorized to work by the federal

339

immigration laws or by the Attorney General of the United States.

340

     Section 5.  This act shall take effect January 1, 2009.