CS/CS/HB 219

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

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