| 1 | A bill to be entitled |
| 2 | An act relating to immigration; amending s. 24.115, F.S.; |
| 3 | requiring the Department of the Lottery to verify the |
| 4 | citizenship or legal presence in the United States of |
| 5 | certain prize winners; creating s. 287.0575, F.S.; |
| 6 | providing definitions; prohibiting agencies from entering |
| 7 | into a contract for contractual services with contractors |
| 8 | not registered and participating in a federal work |
| 9 | authorization program by a specified date; providing |
| 10 | procedures and requirements with respect to the |
| 11 | registration of contractors and subcontractors; providing |
| 12 | for enforcement; providing a schedule for phased |
| 13 | compliance; requiring the Department of Management |
| 14 | Services to adopt rules; creating s. 337.163, F.S.; |
| 15 | providing definitions; prohibiting the Department of |
| 16 | Transportation from entering into a contract for |
| 17 | contractual services with contractors not registered and |
| 18 | participating in a federal work authorization program by a |
| 19 | specified date; providing procedures and requirements with |
| 20 | respect to the registration of contractors and |
| 21 | subcontractors; providing for enforcement; providing a |
| 22 | schedule for phased compliance; requiring the department |
| 23 | to adopt rules; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Paragraph (h) is added to subsection (1) of |
| 28 | section 24.115, Florida Statutes, to read: |
| 29 | 24.115 Payment of prizes.- |
| 30 | (1) The department shall promulgate rules to establish a |
| 31 | system of verifying the validity of tickets claimed to win |
| 32 | prizes and to effect payment of such prizes; however: |
| 33 | (h) The department may not pay any prize, excluding prizes |
| 34 | for which payment by retailers has been authorized under |
| 35 | paragraph (e), until the department has verified that the winner |
| 36 | of that prize is a citizen of the United States or legally |
| 37 | present in the United States. |
| 38 | Section 2. Section 287.0575, Florida Statutes, is created |
| 39 | to read: |
| 40 | 287.0575 Compliance with federal work authorization |
| 41 | programs.- |
| 42 | (1) As used in this section, the term: |
| 43 | (a) "Federal work authorization program" means any program |
| 44 | operated by the United States Department of Homeland Security |
| 45 | that provides electronic verification of work authorization |
| 46 | issued by the United States Citizenship and Immigration Services |
| 47 | or any equivalent federal work authorization program operated by |
| 48 | the United States Department of Homeland Security that provides |
| 49 | for the verification of information regarding newly hired |
| 50 | employees under the Immigration Reform and Control Act of 1986, |
| 51 | Pub. L. No. 99-603. |
| 52 | (b) "Subcontractor" means a person who enters into a |
| 53 | contract with a contractor for the performance of any part of |
| 54 | such contractor's contract. |
| 55 | (2) An agency may not enter into a contract under s. |
| 56 | 287.057 for contractual services unless the contractor registers |
| 57 | and participates in a federal work authorization program. |
| 58 | (3) A contractor who receives a contract award under s. |
| 59 | 287.057 for contractual services may not execute a contract, |
| 60 | purchase order, or subcontract in connection with the award |
| 61 | unless the contractor and all subcontractors providing services |
| 62 | for the contractor register and participate in a federal work |
| 63 | authorization program. The contractor shall certify in writing |
| 64 | to the agency that it is in compliance with this subsection. |
| 65 | (4) A contractor shall ensure that each subcontractor |
| 66 | providing services for the contractor registers and participates |
| 67 | in a federal work authorization program. Each subcontractor |
| 68 | shall certify in writing to the contractor that it is in |
| 69 | compliance with this subsection. |
| 70 | (5) Subsections (2), (3), and (4) shall apply as follows: |
| 71 | (a) On or after July 1, 2011, with respect to contractors |
| 72 | or subcontractors employing 500 or more employees. |
| 73 | (b) On or after July 1, 2012, with respect to contractors |
| 74 | or subcontractors employing 100 or more employees. |
| 75 | (c) On or after July 1, 2013, with respect to all |
| 76 | contractors or subcontractors. |
| 77 | (6) This section shall be enforced without regard to race, |
| 78 | religion, gender, ethnicity, or national origin. |
| 79 | (7) The department shall adopt rules deemed necessary to |
| 80 | administer this section, including prescribing forms. |
| 81 | Section 3. Section 337.163, Florida Statutes, is created |
| 82 | to read: |
| 83 | 337.163 Compliance with federal work authorization |
| 84 | program.- |
| 85 | (1) As used in this section, the term: |
| 86 | (a) "Federal work authorization program" means any program |
| 87 | operated by the United States Department of Homeland Security |
| 88 | that provides electronic verification of work authorization |
| 89 | issued by the United States Citizenship and Immigration Services |
| 90 | or any equivalent federal work authorization program operated by |
| 91 | the United States Department of Homeland Security that provides |
| 92 | for the verification of information regarding newly hired |
| 93 | employees under the Immigration Reform and Control Act of 1986, |
| 94 | Pub. L. No. 99-603. |
| 95 | (b) "Subcontractor" means a person who enters into a |
| 96 | contract with a contractor for the performance of any part of |
| 97 | such contractor's contract. |
| 98 | (2) The department may not enter into a contract under |
| 99 | this chapter for contractual services unless the contractor |
| 100 | registers and participates in a federal work authorization |
| 101 | program. |
| 102 | (3) A contractor who receives a contract award under this |
| 103 | chapter for contractual services may not execute a contract, |
| 104 | purchase order, or subcontract in connection with the award |
| 105 | unless the contractor and all subcontractors providing services |
| 106 | for the contractor register and participate in a federal work |
| 107 | authorization program. The contractor shall certify in writing |
| 108 | to the department that it is in compliance with this subsection. |
| 109 | (4) A contractor shall ensure that each subcontractor |
| 110 | providing services for the contractor registers and participates |
| 111 | in a federal work authorization program. Each subcontractor |
| 112 | shall certify in writing to the contractor that it is in |
| 113 | compliance with this subsection. |
| 114 | (5) Subsections (2), (3), and (4) shall apply as follows: |
| 115 | (a) On or after July 1, 2011, with respect to contractors |
| 116 | or subcontractors employing 500 or more employees. |
| 117 | (b) On or after July 1, 2012, with respect to contractors |
| 118 | or subcontractors employing 100 or more employees. |
| 119 | (c) On or after July 1, 2013, with respect to all |
| 120 | contractors or subcontractors. |
| 121 | (6) This section shall be enforced without regard to race, |
| 122 | religion, gender, ethnicity, or national origin. |
| 123 | (7) The department shall adopt rules deemed necessary to |
| 124 | administer this section, including prescribing forms. |
| 125 | Section 4. This act shall take effect July 1, 2010. |