HB 159

1
A bill to be entitled
2An act relating to enforcement of immigration laws;
3creating chapter 986, F.S.; creating the "Florida Security
4and Immigration Compliance Act"; providing construction;
5providing definitions; prohibiting public employers from
6entering into a contract for the physical performance of
7services within the state with contractors not registered
8and participating in a federal work authorization program
9by a specified date; providing procedures and requirements
10with respect to the registration of contractors and
11subcontractors; providing for enforcement; requiring the
12Secretary of Business and Professional Regulation to
13prescribe forms and adopt rules; requiring the Chief of
14Domestic Security to negotiate the terms of a memorandum
15of understanding between the state and the United States
16Department of Justice or the United States Department of
17Homeland Security concerning the enforcement of federal
18immigration and customs laws, the detention and removal of
19individuals not lawfully present in the United States,
20investigations related to illegal immigration in the
21state, the establishment of specified law enforcement
22training standards, and the creation of specified law
23enforcement training programs; providing for the
24establishment of law enforcement training standards and
25the creation of training programs contingent upon federal
26funding; providing that law enforcement officers trained
27in accordance with such programs are authorized to enforce
28federal immigration and customs laws while performing
29within the scope of their authorized duties; providing
30requirements and procedures with respect to the
31determination of lawful immigration status of persons
32charged with a crime and confined to jail; providing
33construction; requiring the Florida Sheriffs Association
34to prepare and issue specified guidelines and procedures;
35requiring agencies and political subdivisions of the state
36to verify the lawful presence in the United States of any
37natural person 18 years of age or older who has applied
38for state or local public benefits, or for federal public
39benefits, that are administered by an agency or a
40political subdivision of the state by a specified date;
41providing for enforcement; providing exceptions; requiring
42the Board of Governors of the State University System to
43set forth policies regarding postsecondary education
44benefits; providing procedures and requirements with
45respect to verification of lawful presence in the United
46States by an agency or political subdivision; providing a
47penalty for knowingly and willfully making a false,
48fictitious, or fraudulent statement or representation in
49an affidavit executed under the act; providing procedure
50with respect to verification of eligibility for benefits;
51prohibiting any agency or political subdivision of this
52state from providing any state, local, or federal benefit
53in violation of the act; providing for specified annual
54reports; creating s. 337.163, F.S.; providing definitions;
55prohibiting the Department of Transportation from entering
56into a contract for the physical performance of services
57within this state with contractors not registered and
58participating in a federal work authorization program by a
59specified date; prohibiting a contractor who receives a
60contract award from the department for the performance of
61services within this state from executing a contract,
62purchase order, or subcontract in connection with the
63award unless the contractor and all subcontractors
64providing services register and participate in a federal
65work authorization program; providing procedures and
66requirements with respect to the registration of
67contractors and subcontractors; providing for enforcement;
68requiring the Secretary of Transportation to prescribe
69forms and adopt rules; providing effective dates.
70
71Be It Enacted by the Legislature of the State of Florida:
72
73     Section 1.  Chapter 986, Florida Statutes, consisting of
74sections 986.01, 986.02, 986.03, 986.04, 986.05, 986.06, and
75986.07, is created to read:
76     986.01  Short title.--This chapter may be cited as the
77"Florida Security and Immigration Compliance Act."
78     986.02  Construction.--All requirements of this chapter
79concerning immigration or the classification of immigration
80status shall be construed in conformity with federal immigration
81law.
82     986.03  Definitions.--As used in this chapter:
83     (1)  "Federal work authorization program" means any program
84operated by the United States Department of Homeland Security
85that provides electronic verification of work authorization
86issued by the United States Bureau of Citizenship and
87Immigration Services or any equivalent federal work
88authorization program operated by the United States Department
89of Homeland Security that provides for the verification of
90information regarding newly hired employees under the
91Immigration Reform and Control Act of 1986, Pub. L. No. 99-603.
92     (2)  "Public employer" means any department, agency, or
93instrumentality of the state or a political subdivision of the
94state.
95     (3)  "Subcontractor" means any entity providing services
96for a contractor, whether as subcontractor, contract employee,
97staffing agency, or other entity, regardless of the level of
98subcontracting duties, if the services provided are related to
99the contractor's contract with an agency.
100     986.04  Compliance with federal work authorization
101program.--
102     (1)  Commencing July 1, 2009, no public employer shall
103enter into a contract under s. 287.057 for the physical
104performance of services within this state unless the contractor
105registers and participates in a federal work authorization
106program.
107     (2)  No contractor who receives a contract award under s.
108287.057 for the physical performance of services within this
109state shall execute a contract, purchase order, or subcontract
110in connection with the award unless the contractor and all
111subcontractors providing services for the contractor register
112and participate in a federal work authorization program. The
113contractor shall certify in writing to the agency that it is in
114compliance with this subsection.
115     (3)  A contractor shall ensure that each subcontractor
116providing services for the contractor registers and participates
117in a federal work authorization program. Each subcontractor
118shall certify in writing to the contractor that it is in
119compliance with this subsection.
120     (4)  This section shall be enforced without regard to race,
121religion, gender, ethnicity, or national origin.
122     (5)  Except as provided in s. 337.163(6), the Secretary of
123Business and Professional Regulation shall prescribe forms and
124adopt rules deemed necessary to administer and effectuate this
125section and shall publish such rules on the Department of
126Business and Professional Regulation's Internet website.
127     986.05  Chief of Domestic Security; responsibilities.--
128     (1)(a)  The Chief of Domestic Security, as defined in s.
129943.0311, shall negotiate the terms of a memorandum of
130understanding between the State of Florida and the United States
131Department of Justice or the United States Department of
132Homeland Security concerning:
133     1.  The enforcement of federal immigration and customs
134laws.
135     2.  The detention and removal of individuals not lawfully
136present in the United States.
137     3.  Investigations related to illegal immigration in the
138state.
139     4.  The establishment of law enforcement training standards
140and the creation of law enforcement training programs as
141provided in subsection (2).
142     (b)  The memorandum of understanding shall be signed on
143behalf of the state by the Chief of Domestic Security and the
144Governor, or as otherwise required by the appropriate federal
145agency.
146     (2)(a)  Contingent upon funding in the federal Homeland
147Security Appropriation Act of 2008 or any subsequent source of
148federal funding, the Chief of Domestic Security shall work with
149the regional domestic security task forces and the various state
150entities responsible for establishing training standards
151applicable to state law enforcement officers to establish
152training standards and create training programs the purpose of
153which is to enhance the ability of law enforcement officers to
154enforce federal immigration and customs laws while performing
155within the scope of their authorized duties.
156     (b)  A law enforcement officer certified as trained in
157accordance with this section is authorized to enforce federal
158immigration and customs laws while performing within the scope
159of his or her authorized duties.
160     986.06  Determination of lawful status.--
161     (1)  If verification of the nationality or lawful
162immigration status of any person who is charged with a crime and
163confined to jail for any period of time cannot be made from
164documents in the possession of the prisoner or after a
165reasonable effort on the part of law enforcement officials to
166determine the nationality or immigration status of the person so
167confined, verification shall be made within 48 hours through a
168query to the Law Enforcement Support Center (LESC) of the United
169States Department of Homeland Security or other office or agency
170designated for that purpose by the United States Department of
171Homeland Security. If it is determined that the prisoner is in
172the United States unlawfully, the law enforcement agency shall
173notify the United States Department of Homeland Security.
174     (2)  Nothing in this section shall be construed to deny a
175person bond or prevent a person from being released from
176confinement if such person is otherwise eligible for release.
177     (3)  The Florida Sheriffs Association shall prepare and
178issue guidelines and procedures for compliance with the
179provisions of this section.
180     986.07  Agencies, political subdivisions; requirements.--
181     (1)  Except as provided in subsection (3) or where exempted
182by federal law, no later than July 1, 2009, every agency or
183political subdivision of this state shall verify the lawful
184presence in the United States of any natural person 18 years of
185age or older who has applied for state or local public benefits,
186as defined in 8 U.S.C. s. 1621, or for federal public benefits,
187as defined in 8 U.S.C. s. 1611, that are administered by the
188agency or political subdivision.
189     (2)  This section shall be enforced without regard to race,
190religion, gender, ethnicity, or national origin.
191     (3)  Verification of an individual's lawful presence in the
192United States under this section shall not be required for:
193     (a)  Any purpose for which lawful presence in the United
194States is not required by law, ordinance, or regulation;
195     (b)  Assistance for health care items and services that are
196necessary for the treatment of an emergency medical condition,
197as defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved
198and are not related to an organ transplant procedure;
199     (c)  Short-term, non-cash, in-kind emergency disaster
200relief;
201     (d)  Public health assistance for immunizations with
202respect to immunizable diseases and for testing and treatment of
203symptoms of communicable diseases whether or not such symptoms
204are caused by a communicable disease;
205     (e)  Programs, services, or assistance such as soup
206kitchens, crisis counseling and intervention, and short-term
207shelter specified by the United States Attorney General, in the
208United States Attorney General's sole and unreviewable
209discretion after consultation with appropriate federal agencies
210and departments, which:
211     1.  Deliver in-kind services at the community level,
212including through public or private nonprofit agencies;
213     2.  Do not condition the provision of assistance, the
214amount of assistance provided, or the cost of assistance
215provided on the individual recipient's income or resources; and
216     3.  Are necessary for the protection of life or safety;
217     (f)  Prenatal care; or
218     (g)  Postsecondary education.
219     (4)  The Board of Governors of the State University System
220shall set forth, or cause to be set forth, policies regarding
221postsecondary education benefits that comply with all applicable
222federal laws including, but not limited to, those governing
223ineligibility for public benefits as described in 8 U.S.C. s.
2241611, s. 1621, or s. 1623.
225     (5)(a)  Verification of lawful presence in the United
226States by the agency or political subdivision required to make
227such verification shall occur as follows:
228     1.  The applicant for benefits must execute an affidavit
229stating that he or she is a United States citizen or a permanent
230legal resident of the United States and is 18 years of age or
231older; or
232     2.  The applicant for benefits must execute an affidavit
233stating that he or she is a qualified alien or nonimmigrant
234under the federal Immigration and Nationality Act, is 18 years
235of age or older, and is lawfully present in the United States.
236     (b)  Any person who knowingly and willfully makes a false,
237fictitious, or fraudulent statement or representation in an
238affidavit executed pursuant to paragraph (a) commits a
239misdemeanor of the first degree, punishable as provided in s.
240775.082 or s. 775.083.
241     (6)  For any applicant who has executed an affidavit
242attesting to the fact that he or she is an alien lawfully
243present in the United States, eligibility for benefits shall be
244made through the Systematic Alien Verification for Entitlements
245Program (SAVE) established by the United States Bureau of
246Citizenship and Immigration Services or a successor program
247designated by the United States Department of Homeland Security.
248Until such verification of eligibility is made, the affidavit
249may be presumed to be proof of lawful presence in the United
250States for the purposes of this section.
251     (7)  In carrying out the provisions of this section,
252agencies or political subdivisions of this state shall endeavor
253to improve efficiency, reduce delay in the verification process,
254and provide for the expedient resolution of unique individual
255circumstances where verification procedures would impose an
256unusual hardship on a legal resident of the state.
257     (8)(a)  No agency or political subdivision of this state
258shall provide any state, local, or federal benefit, as defined
259in 8 U.S.C. s. 1611 or s. 1621, in violation of this section.
260     (b)  Each state agency or department that administers any
261program of state or local public benefits shall compile an
262annual report with respect to its compliance with this section.
263     (9)  Any and all errors and significant delays by the
264Systematic Alien Verification for Entitlements Program shall be
265reported to the United States Department of Homeland Security
266and to the Secretary of State, who will monitor the program and
267its verification application errors and significant delays and
268report annually on such errors and significant delays to ensure
269that the application of the program is not wrongfully denying
270benefits to legal residents of the state.
271     (10)  Notwithstanding subsection (5), any applicant for
272federal benefits as defined in 8 U.S.C. s. 1611 or state or
273local benefits as defined in 8 U.S.C. s. 1621 shall not be
274guilty of any crime for executing an affidavit attesting to
275lawful presence in the United States that contains a false
276statement if such affidavit is not required by this section.
277     Section 2.  Section 337.163, Florida Statutes, is created
278to read:
279     337.163  Compliance with federal work authorization
280program.--
281     (1)  As used in this section, the term:
282     (a)  "Federal work authorization program" means any program
283operated by the United States Department of Homeland Security
284that provides electronic verification of work authorization
285issued by the United States Bureau of Citizenship and
286Immigration Services or any equivalent federal work
287authorization program operated by the United States Department
288of Homeland Security that provides for the verification of
289information regarding newly hired employees under the
290Immigration Reform and Control Act of 1986, Pub. L. No. 99-603.
291     (b)  "Subcontractor" means any entity providing services
292for a contractor, whether as subcontractor, contract employee,
293staffing agency, or other entity, regardless of the level of
294subcontracting duties, if the services provided are related to
295the contractor's contract with the department.
296     (2)  Commencing July 1, 2009, the department shall not
297enter into a contract under this chapter for the physical
298performance of services within this state unless the contractor
299registers and participates in a federal work authorization
300program.
301     (3)  No contractor who receives a contract award under this
302chapter for the physical performance of services within this
303state shall execute a contract, purchase order, or subcontract
304in connection with the award unless the contractor and all
305subcontractors providing services for the contractor register
306and participate in a federal work authorization program. The
307contractor shall certify in writing to the department that it is
308in compliance with this subsection.
309     (4)  A contractor shall ensure that each subcontractor
310providing services for the contractor registers and participates
311in a federal work authorization program. Each subcontractor
312shall certify in writing to the contractor that it is in
313compliance with this subsection.
314     (5)  This section shall be enforced without regard to race,
315religion, gender, ethnicity, or national origin.
316     (6)  The Secretary of Transportation shall prescribe all
317forms and adopt rules deemed necessary for the application of
318this section to any contract or agreement relating to public
319transportation and shall publish such rules and regulations on
320the department's Internet website.
321     Section 3.  This act shall take effect July 1, 2008, except
322that subsection (2) of section 986.05, Florida Statutes, as
323created by this act, shall take effect only if funding under the
324federal Homeland Security Appropriation Act of 2008 or any
325subsequent source of federal funding is provided to fund the
326provisions of that subsection.


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