HB 39C

1
A bill to be entitled
2An act relating to enforcement of laws; creating chapter
3820, F.S., entitled "Illegal Immigration"; creating s.
4820.01, F.S.; providing legislative intent; creating s.
5820.02, F.S.; providing for construction and
6implementation of provisions; creating s. 820.03, F.S.;
7prohibiting state or local government policies that limit
8or restrict the enforcement of federal immigration laws to
9less than the full extent permitted by federal law;
10requiring that when lawful contact is made with a person
11by a law enforcement officer and reasonable suspicion
12exists that the person is an alien who is unlawfully
13present in the United States, a reasonable attempt shall
14be made to determine the person's immigration status;
15requiring transfer of unlawfully present persons convicted
16of offenses to custody of the United States upon discharge
17from imprisonment or assessment of fine; allowing
18warrantless arrests of certain persons; prohibiting
19restrictions concerning information relating to the
20immigration status of any individual or exchanging that
21information with any other governmental entity for certain
22purposes; providing for individual actions to challenge a
23governmental policy that limits or restricts the
24enforcement of federal immigration laws; providing for
25costs, attorney fees, and civil penalties; providing
26indemnity for law enforcement officers for certain
27actions; providing an exception; creating s. 820.04, F.S.;
28prohibiting trespassing by aliens not legally present;
29providing for determination of an alien's immigration
30status; providing for additional assessments; providing
31for disposition of assessments; providing criminal
32penalties; providing enhanced penalties for certain
33violations; creating s. 820.05, F.S.; prohibiting
34transporting into this state an individual who the person
35knows, or should know, is illegally entering the United
36States from another country; providing criminal penalties;
37prohibiting intentionally engaging in the smuggling of
38human beings for profit or commercial purpose; providing
39criminal penalties; providing enhanced penalties for
40certain violations; providing that provisions relating to
41attempt, solicitation, and conspiracy do not apply to
42certain violations; authorizing a law enforcement officer
43to lawfully stop any person who is operating a motor
44vehicle if the officer has reasonable suspicion to believe
45the person is in violation of any noncriminal traffic law
46and smuggling provisions; creating s. 820.06, F.S.;
47providing definitions; prohibiting unlawful stopping to
48hire and pick up persons for work; prohibiting unlawful
49application, solicitation, or employment by persons not
50lawfully present in the United States; providing criminal
51penalties; creating s. 820.07, F.S.; prohibiting the
52unlawful transporting, moving, concealing, harboring, or
53shielding of unlawful aliens; providing for seizure and
54forfeiture of specified property; providing criminal
55penalties; providing enhanced penalties for certain
56violations; creating s. 820.08, F.S.; prohibiting
57knowingly employing unauthorized aliens; requiring the
58Attorney General to prescribe a complaint form to allege
59violations; providing for investigation of complaints;
60prohibiting false reports of violations; providing
61criminal penalties; requiring specified actions if the
62complaint is determined not to be false and frivolous;
63providing for actions for violations; providing for
64sanctions for violators; requiring suspension of licenses
65of an employer found to have committed a violation if a
66specified affidavit is not filed within the required
67period; requiring permanent revocation of employer
68licenses for second violations; requiring the Attorney
69General to maintain copies of specified court orders;
70requiring that only the Federal Government's determination
71as to whether an employee is an unauthorized alien be
72considered; creating a rebuttable presumption in favor of
73employers verifying the employment authorization of an
74employee through a specified program; providing an
75affirmative defense for employers complying with specified
76federal law provisions; providing requirements for an
77employer defense of entrapment; creating s. 820.09, F.S.;
78prohibiting intentionally employing unauthorized aliens;
79requiring the Attorney General to prescribe a complaint
80form to allege violations; providing for investigation of
81complaints; prohibiting false reports of violations;
82providing criminal penalties; requiring specified actions
83if the complaint is determined not to be false and
84frivolous; providing for actions for violations; providing
85for sanctions for violators, including suspension of
86licenses of an employer found to have committed a
87violation; requiring permanent revocation of employer
88licenses for second violations; requiring the Attorney
89General to maintain copies of specified court orders;
90requiring that only the Federal Government's determination
91as to whether an employee is an unauthorized alien be
92considered; creating a rebuttable presumption in favor of
93employers verifying the employment authorization of an
94employee through a specified program; providing an
95affirmative defense for employers complying with specified
96federal law provisions; providing requirements for an
97employer defense of entrapment; creating s. 820.101, F.S.;
98requiring employers to verify employment eligibility of
99new employees through a specified federal program and keep
100specified records; requiring that employers that
101participate in an economic development incentive from a
102governmental entity participate in a specified federal
103program for verification of employee eligibility and
104maintain specified records; providing definitions;
105requiring the Attorney General to periodically obtain a
106list of employers from this state that are registered with
107a specified federal employment verification program and
108make the list available on the Internet; creating s.
109932.709, F.S.; providing for removal and immobilization or
110impoundment of vehicles in specified circumstances;
111providing exceptions; requiring immobilization or
112impoundment for a specified period in certain
113circumstances; providing for hearings; creating s.
114943.0425, F.S.; creating the Gang and Immigration
115Intelligence and Enforcement Account within the Department
116of Law Enforcement Operating Trust Fund; providing
117purposes for funds; repealing s. 787.07, F.S., relating to
118human smuggling; providing an effective date.
119
120Be It Enacted by the Legislature of the State of Florida:
121
122     Section 1.  Short title.-This act may be cited as the
123"Support Our Law Enforcement and Safe Neighborhoods Act."
124     Section 2.  Chapter 820, Florida Statutes, consisting of
125sections 820.01, 820.02, 820.03, 820.04, 820.05, 820.06, 820.07,
126820.08, 820.09, and 820.101, is created to read:
127
CHAPTER 820
128
ILLEGAL IMMIGRATION
129     820.01  Intent.-The Legislature finds that there is a
130compelling interest in the cooperative enforcement of federal
131immigration laws throughout the state. The Legislature declares
132that the intent of this chapter is to make attrition through
133enforcement the public policy of all state and local government
134agencies. The provisions of this chapter are intended to work
135together to discourage and deter the unlawful entry and presence
136of and economic activity by persons unlawfully present in the
137United States.
138     820.02  Construction and implementation.-
139     (1)  The terms of this chapter regarding immigration shall
140have the same meaning as provided in federal immigration law.
141     (2)  This chapter shall be implemented in a manner
142consistent with federal laws regulating immigration, protecting
143the civil rights of all persons, and respecting the privileges
144and immunities of United States citizens.
145     820.03  Enforcement of immigration laws.-
146     (1)  No official or agency of this state or a county, city,
147town, or other political subdivision of this state may adopt a
148policy that limits or restricts the enforcement of federal
149immigration laws to less than the full extent permitted by
150federal law.
151     (2)  For any lawful contact made by a law enforcement
152official or agency of this state or a county, city, town, or
153other political subdivision of this state when reasonable
154suspicion exists that the person is an alien who is unlawfully
155present in the United States, a reasonable attempt shall be
156made, when practicable, to determine the immigration status of
157the person. The person's immigration status shall be verified
158with the Federal Government pursuant to 8 U.S.C. s. 1373(c).
159     (3)  If an alien who is unlawfully present in the United
160States is convicted of a violation of state or local law, on
161discharge from imprisonment or assessment of any fine that is
162imposed the alien shall be transferred immediately to the
163custody of the United States Immigration and Customs Enforcement
164or the United States Customs and Border Protection.
165     (4)  Notwithstanding any other law, a law enforcement
166agency may securely transport an alien who is unlawfully present
167in the United States and who is in the agency's custody to a
168federal facility in this state or to any other point of transfer
169into federal custody that is outside the jurisdiction of the law
170enforcement agency.
171     (5)  A law enforcement officer, without a warrant, may
172arrest a person if the officer has probable cause to believe
173that the person has committed any public offense that makes the
174person removable from the United States.
175     (6)  Except as provided in federal law, officials or
176agencies of this state and any county, city, town, and other
177political subdivision of this state may not be prohibited or in
178any way restricted from sending, receiving, or maintaining
179information relating to the immigration status of any individual
180or exchanging that information with any other federal, state, or
181local governmental entity for the following official purposes:
182     (a)  Determining eligibility for any public benefit,
183service, or license provided by any federal, state, or local
184governmental entity or other political subdivision of this
185state.
186     (b)  Verifying any claim of residence or domicile if
187determination of residence or domicile is required under the
188laws of this state or a judicial order issued pursuant to a
189civil or criminal proceeding in this state.
190     (c)  Confirming the identity of any person who is detained.
191     (d)  If the person is an alien, determining whether the
192person is in compliance with the federal registration laws
193prescribed by Title II, Chapter 7 of the Immigration and
194Nationality Act, 8 U.S.C. ss. 1301 et seq.
195     (7)  A person may bring an action in circuit court to
196challenge any official or agency of this state or a county,
197city, town, or other political subdivision of this state that
198adopts or implements a policy that limits or restricts the
199enforcement of federal immigration laws to less than the full
200extent permitted by federal law. If there is a judicial finding
201that an entity has violated this section, the court shall order
202any of the following:
203     (a)  That the person who brought the action recover court
204costs and attorney fees.
205     (b)  That the entity pay a civil penalty of not less than
206$1,000 and not more than $5,000 for each day that the policy has
207remained in effect after the filing of an action pursuant to
208this subsection.
209     (8)  A court shall collect the civil penalty prescribed in
210subsection (7) and remit the civil penalty to the Department of
211Law Enforcement for deposit in the Gang and Immigration
212Intelligence and Enforcement Account within the Department of
213Law Enforcement Operating Trust Fund as provided in s. 943.0425.
214     (9)  A law enforcement officer is indemnified by the law
215enforcement officer's agency against reasonable costs and
216expenses, including attorney fees, incurred by the officer in
217connection with any action, suit, or proceeding brought pursuant
218to this section to which the officer may be a party by reason of
219the officer being or having been a member of the law enforcement
220agency, except in relation to matters in which the officer acted
221in bad faith.
222     820.04  Trespassing by illegal aliens.-
223     (1)  In addition to any violation of federal law, a person
224commits an illegal trespass if the person is both:
225     (a)  Present on any public or private land in this state.
226     (b)  In violation of 8 U.S.C. s. 1304(e) or s. 1306(a).
227     (2)  In the enforcement of this section, the final
228determination of an alien's immigration status shall be
229determined by either:
230     (a)  A law enforcement officer who is authorized by the
231Federal Government to verify or ascertain an alien's immigration
232status.
233     (b)  A law enforcement officer or agency communicating with
234the United States Immigration and Customs Enforcement or the
235United States Customs and Border Protection pursuant to 8 U.S.C.
236s. 1373(c).
237     (3)  This section does not apply to a person who maintains
238authorization from the Federal Government to remain in the
239United States.
240     (4)  A person who is sentenced pursuant to this section is
241not eligible for suspension or commutation of sentence or
242release on any basis until the sentence imposed is served.
243     (5)(a)  In addition to any other penalty prescribed by law,
244the court shall order the person to pay jail costs and an
245additional assessment in the following amounts:
246     1.  At least $500 for a first violation.
247     2.  Twice the amount specified in subparagraph 1. if the
248person was previously subject to an assessment pursuant to this
249subsection.
250     (b)  A court shall collect the assessments prescribed in
251this subsection and remit the assessments to the Gang and
252Immigration Intelligence and Enforcement Account within the
253Department of Law Enforcement Operating Trust Fund as provided
254in s. 943.0425.
255     (6)  Except as provided in paragraph (a) or paragraph (b),
256a violation of this section is a misdemeanor of the first
257degree, punishable as provided in s. 775.082 or s. 775.083. A
258violation of this section is:
259     (a)  A felony of the third degree, punishable as provided
260in s. 775.082, s. 775.083, or s. 775.084, if the person violates
261this section while in possession of any of the following:
262     1.  Precursor chemicals that are used in the manufacturing
263of methamphetamine in violation of s. 893.149.
264     2.  A firearm or weapon as defined in s. 790.001.
265     3.  Property that is used for the purpose of committing an
266act of terrorism as defined in s. 775.30.
267     (b)  A felony of the second degree, punishable as provided
268in s. 775.082, s. 775.083, or s. 775.084, if the person either:
269     1.  Is convicted of a second or subsequent violation of
270this section; or
271     2.  Within 60 months before the violation, has been removed
272from the United States pursuant to 8 U.S.C. s. 1229a or has
273accepted a voluntary removal from the United States pursuant to
2748 U.S.C. s. 1229c.
275     820.05  Smuggling; classification; definitions.-
276     (1)  For the purposes of this section, the term:
277     (a)  "Drop house" means property or real property that is
278used to facilitate smuggling pursuant to this section.
279     (b)  "Family member" means a parent, grandparent, sibling,
280or any other person related to a person by consanguinity or
281affinity to the second degree.
282     (c)  "Procurement of transportation" means any
283participation in or facilitation of transportation and includes:
284     1.  Providing services that facilitate transportation,
285including travel arrangement services or money transmission
286services.
287     2.  Providing property that facilitates transportation,
288including a weapon, a vehicle or other means of transportation,
289or false identification, or selling, leasing, renting, or
290otherwise making available a drop house.
291     (d)  "Smuggling of human beings" means the transportation,
292procurement of transportation, or use of property or real
293property by a person or an entity that knows or has reason to
294know that the person or persons transported or to be transported
295are not United States citizens, permanent resident aliens, or
296persons otherwise lawfully in this state or have attempted to
297enter, entered, or remained in the United States in violation of
298law.
299     (2)(a)  A person who transports into this state an
300individual who the person knows, or should know, is illegally
301entering the United States from another country commits a
302misdemeanor of the first degree, punishable as provided in s.
303775.082 or s. 775.083.
304     (b)  A person commits a separate offense for each
305individual he or she transports into this state in violation of
306this section.
307     (3)(a)  It is unlawful for a person to intentionally engage
308in the smuggling of human beings for profit or commercial
309purpose.
310     (b)  Except as provided in subparagraph 1. or subparagraph
3112., a violation of this section is a felony of the third degree,
312punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
313A violation of this section:
314     1.  Is a felony of the second degree, punishable as
315provided in s. 775.082, s. 775.083, or s. 775.084, if the human
316being who is smuggled is under 18 years of age and is not
317accompanied by a family member at least 18 years of age or if
318the offense involved the use of a deadly weapon or dangerous
319instrument.
320     2.  Is a felony of the first degree, punishable as provided
321in s. 775.082, s. 775.083, or s. 775.084, if the offense
322involves the use or threatened use of deadly physical force.
323     (4)  Section 777.04 does not apply to a violation of
324subparagraph (3)(b)1.
325     (5)  Notwithstanding any other law, a law enforcement
326officer may lawfully stop any person who is operating a motor
327vehicle if the officer has reasonable suspicion to believe the
328person is in violation of any noncriminal traffic law and this
329section.
330     820.06  Unlawful stopping to hire and pick up passengers
331for work; unlawful application, solicitation, or employment.-
332     (1)  For the purposes of this section, the term:
333     (a)  "Solicit" means verbal or nonverbal communication,
334including a gesture or a nod, that would indicate to a
335reasonable person that a person is willing to be employed.
336     (b)  "Unauthorized alien" means an alien who does not have
337the legal right or authorization under federal law to work in
338the United States as described in 8 U.S.C. s. 1324a(h)(3).
339     (2)  It is unlawful for an occupant of a motor vehicle that
340is stopped on a street, roadway, or highway to attempt to hire
341or hire and pick up passengers for work at a different location
342if the motor vehicle blocks or impedes the normal movement of
343traffic.
344     (3)  It is unlawful for a person to enter a motor vehicle
345that is stopped on a street, roadway, or highway in order to be
346hired by an occupant of the motor vehicle and to be transported
347to work at a different location if the motor vehicle blocks or
348impedes the normal movement of traffic.
349     (4)  It is unlawful for a person who is unlawfully present
350in the United States and who is an unauthorized alien to
351knowingly apply for work, solicit work in a public place, or
352perform work as an employee or independent contractor in this
353state.
354     (5)  A violation of this section is a misdemeanor of the
355first degree, punishable as provided in s. 775.082 or s.
356775.083.
357     820.07  Unlawful transporting, moving, concealing,
358harboring, or shielding of unlawfully present aliens.-
359     (1)  It is unlawful for a person who is in violation of a
360criminal offense to:
361     (a)  Transport or move or attempt to transport or move in
362this state an alien who is unlawfully present in the United
363States in a means of transportation if the person knows or
364recklessly disregards the fact that the alien has come to, has
365entered, or remains in the United States in violation of law.
366     (b)  Conceal, harbor, or shield or attempt to conceal,
367harbor, or shield an alien from detection in any place in this
368state, including any building or any means of transportation, if
369the person knows or recklessly disregards the fact that the
370alien has come to, has entered, or remains in the United States
371in violation of law.
372     (c)  Encourage or induce an alien to come to or reside in
373this state if the person knows or recklessly disregards the fact
374that such coming to, entering, or residing in this state is or
375will be in violation of law.
376     (2)  A motor vehicle, vessel, or aircraft that is used in
377the commission of a violation of this section is subject to
378seizure and forfeiture under s. 932.709.
379     (3)  A person who violates this section commits a
380misdemeanor of the first degree, punishable as provided in s.
381775.082, and the person is subject to a fine of at least $1,000
382and no more than $5,000, except that a violation of this section
383that involves 10 or more aliens unlawfully present in the United
384States is a felony of the third degree, punishable as provided
385in s. 775.082 or s. 775.084, and the person is subject to a fine
386of at least $1,000 and no more than $2,000 for each such alien
387who is involved.
388     820.08  Knowingly employing unauthorized aliens; false and
389frivolous complaints; license suspension and revocation;
390affirmative defense.-
391     (1)  An employer may not knowingly employ an unauthorized
392alien. If, in the case when an employer uses a contract,
393subcontract, or other independent contractor agreement to obtain
394the labor of an alien in this state, the employer knowingly
395contracts with an unauthorized alien or with a person who
396employs or contracts with an unauthorized alien to perform the
397labor, the employer violates this subsection.
398     (2)  The Attorney General shall prescribe a complaint form
399for a person to allege a violation of subsection (1). The
400complainant is not required to list the complainant's social
401security number on the complaint form or to have the complaint
402form notarized. On receipt of a complaint on a prescribed
403complaint form that an employer allegedly knowingly employs an
404unauthorized alien, the Attorney General or state attorney shall
405investigate whether the employer has violated subsection (1). If
406a complaint is received but is not submitted on a prescribed
407complaint form, the Attorney General or state attorney may
408investigate whether the employer has violated subsection (1).
409This subsection does not prohibit the filing of an anonymous
410complaint that is not submitted on a prescribed complaint form.
411The Attorney General or state attorney may not investigate
412complaints that are based solely on race, color, or national
413origin. A complaint that is submitted to a state attorney shall
414be submitted to the state attorney for the county in which the
415alleged unauthorized alien is or was employed by the employer.
416The county sheriff or any other local law enforcement agency may
417assist in investigating a complaint. When investigating a
418complaint, the Attorney General or state attorney shall verify
419the work authorization of the alleged unauthorized alien with
420the Federal Government pursuant to 8 U.S.C. s. 1373(c). A state,
421county, or local official may not attempt to independently make
422a final determination on whether an alien is authorized to work
423in the United States. An alien's immigration status or work
424authorization status shall be verified with the Federal
425Government pursuant to 8 U.S.C. s. 1373(c). A person who
426knowingly files a false and frivolous complaint under this
427subsection commits a misdemeanor of the second degree,
428punishable as provided in s. 775.082 or s. 775.083.
429     (3)  If, after an investigation, the Attorney General or
430state attorney determines that the complaint is not false and
431frivolous:
432     (a)  The Attorney General or state attorney shall notify
433the United States Immigration and Customs Enforcement of the
434unauthorized alien.
435     (b)  The Attorney General or state attorney shall notify
436the local law enforcement agency of the unauthorized alien.
437     (c)  If the complaint was originally filed with the
438Attorney General, the Attorney General shall notify the
439appropriate state attorney to bring an action pursuant to
440subsection (4).
441     (4)  An action for a violation of subsection (1) shall be
442brought against an employer by the state attorney in the county
443where the unauthorized alien employee is or was employed by the
444employer. The state attorney may not bring an action against any
445employer for any violation of subsection (1) that occurs before
446January 1, 2011. A second violation of this section shall be
447based only on an unauthorized alien who is or was employed by
448the employer after an action has been brought for a violation of
449subsection (1) or s. 820.09(1).
450     (5)  For any action in circuit court under this section,
451the court shall expedite the action, including assigning the
452hearing at the earliest practicable date.
453     (6)  On a finding of a violation of subsection (1):
454     (a)  For a first violation, as described in subparagraph
455(c)1., the court:
456     1.  Shall order the employer to terminate the employment of
457all unauthorized aliens.
458     2.  Shall order the employer to be subject to a 3-year
459probationary period for the business location where the
460unauthorized alien performed work.
461     3.  Shall order the employer to file a signed sworn
462affidavit with the state attorney within 3 business days after
463the order is issued. The affidavit shall state that the employer
464has terminated the employment of all unauthorized aliens in this
465state and that the employer will not intentionally or knowingly
466employ an unauthorized alien in this state. The court shall
467order the appropriate agencies to suspend all licenses subject
468to this subparagraph that are held by the employer if the
469employer fails to file a signed sworn affidavit with the state
470attorney within 3 business days after the order is issued. All
471licenses that are suspended under this subparagraph shall remain
472suspended until the employer files a signed sworn affidavit with
473the state attorney. Notwithstanding any other law, on filing of
474the affidavit the suspended licenses shall be reinstated
475immediately by the appropriate agencies. For the purposes of
476this subparagraph, the licenses that are subject to suspension
477under this subparagraph are all licenses that are held by the
478employer specific to the business location where the
479unauthorized alien performed work. If the employer does not hold
480a license specific to the business location where the
481unauthorized alien performed work, but a license is necessary to
482operate the employer's business in general, the licenses that
483are subject to suspension under this subparagraph are all
484licenses that are held by the employer at the employer's primary
485place of business. On receipt of the court's order and
486notwithstanding any other law, the appropriate agencies shall
487suspend the licenses according to the court's order. The court
488shall send a copy of the court's order to the Attorney General
489and the Attorney General shall maintain the copy pursuant to
490subsection (7).
491     4.  May order the appropriate agencies to suspend all
492licenses described in subparagraph 3. that are held by the
493employer for a period not to exceed 10 business days. The court
494shall base its decision to suspend under this subparagraph on
495any evidence or information submitted to it during the action
496for a violation of this subsection and shall consider the
497following factors, if relevant:
498     a.  The number of unauthorized aliens employed by the
499employer.
500     b.  Any prior misconduct by the employer.
501     c.  The degree of harm resulting from the violation.
502     d.  Whether the employer made good faith efforts to comply
503with any applicable requirements.
504     e.  The duration of the violation.
505     f.  The role of the directors, officers, or principals of
506the employer in the violation.
507     g.  Any other factors the court deems appropriate.
508     (b)  For a second violation, as described in paragraph
509(c)2., the court shall order the appropriate agencies to
510permanently revoke all licenses that are held by the employer
511specific to the business location where the unauthorized alien
512performed work. If the employer does not hold a license specific
513to the business location where the unauthorized alien performed
514work, but a license is necessary to operate the employer's
515business in general, the court shall order the appropriate
516agencies to permanently revoke all licenses that are held by the
517employer at the employer's primary place of business. On receipt
518of the order and notwithstanding any other law, the appropriate
519agencies shall immediately revoke the licenses.
520     (c)  The violation shall be considered:
521     1.  A first violation by an employer at a business location
522if the violation did not occur during a probationary period
523ordered by the court under this subsection or s. 820.09(6) for
524that employer's business location.
525     2.  A second violation by an employer at a business
526location if the violation occurred during a probationary period
527ordered by the court under this subsection or s. 820.09(6) for
528that employer's business location.
529     (7)  The Attorney General shall maintain copies of court
530orders that are received pursuant to subsection (6) and shall
531maintain a database of the employers and business locations that
532have a first violation of subsection (1) and make the court
533orders available on the Attorney General's website.
534     (8)  On determining whether an employee is an unauthorized
535alien, the court shall consider only the Federal Government's
536determination pursuant to 8 U.S.C. s. 1373(c). The Federal
537Government's determination creates a rebuttable presumption of
538the employee's lawful status. The court may take judicial notice
539of the Federal Government's determination and may request the
540Federal Government to provide automated or testimonial
541verification pursuant to 8 U.S.C. s. 1373(c).
542     (9)  For the purposes of this section, proof of the E-
543Verify program creates a rebuttable presumption that an employer
544did not knowingly employ an unauthorized alien.
545     (10)  For the purposes of this section, an employer that
546establishes that it has complied in good faith with the
547requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative
548defense that the employer did not knowingly employ an
549unauthorized alien. An employer is considered to have complied
550with the requirements of 8 U.S.C. s. 1324a(b), notwithstanding
551an isolated, sporadic, or accidental technical or procedural
552failure to meet the requirements, if there is a good faith
553attempt to comply with the requirements.
554     (11)  It is an affirmative defense to a violation of
555subsection (1) that the employer was entrapped. To claim
556entrapment, the employer must admit by the employer's testimony
557or other evidence the substantial elements of the violation. An
558employer who asserts an entrapment defense has the burden of
559proving the following by clear and convincing evidence:
560     (a)  The idea of committing the violation started with law
561enforcement officers or their agents rather than with the
562employer.
563     (b)  The law enforcement officers or their agents urged and
564induced the employer to commit the violation.
565     (c)  The employer was not predisposed to commit the
566violation before the law enforcement officers or their agents
567urged and induced the employer to commit the violation.
568     (12)  An employer does not establish entrapment if the
569employer was predisposed to violate subsection (1) and the law
570enforcement officers or their agents merely provided the
571employer with an opportunity to commit the violation. It is not
572entrapment for law enforcement officers or their agents merely
573to use a ruse or to conceal their identity. The conduct of law
574enforcement officers and their agents may be considered in
575determining if an employer has proven entrapment.
576     820.09  Intentionally employing unauthorized aliens; false
577and frivolous complaints; license suspension and revocation;
578affirmative defense.-
579     (1)  An employer may not intentionally employ an
580unauthorized alien. If, in the case when an employer uses a
581contract, subcontract, or other independent contractor agreement
582to obtain the labor of an alien in this state, the employer
583intentionally contracts with an unauthorized alien or with a
584person who employs or contracts with an unauthorized alien to
585perform the labor, the employer violates this subsection.
586     (2)  The Attorney General shall prescribe a complaint form
587for a person to allege a violation of subsection (1). The
588complainant shall not be required to list the complainant's
589social security number on the complaint form or to have the
590complaint form notarized. On receipt of a complaint on a
591prescribed complaint form that an employer allegedly
592intentionally employs an unauthorized alien, the Attorney
593General or state attorney shall investigate whether the employer
594has violated subsection (1). If a complaint is received but is
595not submitted on a prescribed complaint form, the Attorney
596General or state attorney may investigate whether the employer
597has violated subsection (1). This subsection does not prohibit
598the filing of anonymous complaints that are not submitted on a
599prescribed complaint form. The Attorney General or state
600attorney may not investigate complaints that are based solely on
601race, color, or national origin. A complaint that is submitted
602to a state attorney shall be submitted to the state attorney for
603the county in which the alleged unauthorized alien is or was
604employed by the employer. The county sheriff or any other local
605law enforcement agency may assist in investigating a complaint.
606When investigating a complaint, the Attorney General or state
607attorney shall verify the work authorization of the alleged
608unauthorized alien with the Federal Government pursuant to 8
609U.S.C. s. 1373(c). A state, county, or local official shall not
610attempt to independently make a final determination on whether
611an alien is authorized to work in the United States. An alien's
612immigration status or work authorization status shall be
613verified with the Federal Government pursuant to 8 U.S.C. s.
6141373(c). A person who knowingly files a false and frivolous
615complaint under this subsection commits a misdemeanor of the
616second degree, punishable as provided in s. 775.082 or s.
617775.083.
618     (3)  If, after an investigation, the Attorney General or
619state attorney determines that the complaint is not false and
620frivolous:
621     (a)  The Attorney General or state attorney shall notify
622the United States Immigration and Customs Enforcement of the
623unauthorized alien.
624     (b)  The Attorney General or state attorney shall notify
625the local law enforcement agency of the unauthorized alien.
626     (c)  The Attorney General shall notify the appropriate
627state attorney to bring an action pursuant to subsection (4) if
628the complaint was originally filed with the Attorney General.
629     (4)  An action for a violation of subsection (1) must be
630brought against the employer by the state attorney in the county
631where the unauthorized alien employee is or was employed by the
632employer. The state attorney may not bring an action against any
633employer for any violation of subsection (1) that occurs before
634January 1, 2011. A second violation of this section shall be
635based only on an unauthorized alien who is or was employed by
636the employer after an action has been brought for a violation of
637subsection (1) or s. 820.08(1).
638     (5)  For any action in circuit court under this section,
639the court shall expedite the action, including assigning the
640hearing at the earliest practicable date.
641     (6)  On a finding of a violation of subsection (1):
642     (a)  For a first violation, as described in subparagraph
643(c)1., the court shall:
644     1.  Order the employer to terminate the employment of all
645unauthorized aliens.
646     2.  Order the employer to be subject to a 5-year
647probationary period for the business location where the
648unauthorized alien performed work.
649     3.  Order the appropriate agencies to suspend all licenses
650described in 10 days. The court shall base its decision on the
651length of the suspension under this subparagraph on any evidence
652or information submitted to it during the action for a violation
653of this subsection and shall consider the following factors, if
654relevant:
655     a.  The number of unauthorized aliens employed by the
656employer.
657     b.  Any prior misconduct by the employer.
658     c.  The degree of harm resulting from the violation.
659     d.  Whether the employer made good faith efforts to comply
660with any applicable requirements.
661     e.  The duration of the violation.
662     f.  The role of the directors, officers, or principals of
663the employer in the violation.
664     g.  Any other factors the court deems appropriate.
665     4.  Order the employer to file a signed sworn affidavit
666with the state attorney. The affidavit shall state that the
667employer has terminated the employment of all unauthorized
668aliens in this state and that the employer will not
669intentionally or knowingly employ an unauthorized alien in this
670state. The court shall order the appropriate agencies to suspend
671all licenses subject to this subparagraph that are held by the
672employer if the employer fails to file a signed sworn affidavit
673with the state attorney within 3 business days after the order
674is issued. All licenses that are suspended under this
675subparagraph for failing to file a signed sworn affidavit shall
676remain suspended until the employer files a signed sworn
677affidavit with the state attorney. For the purposes of this
678subparagraph, the licenses that are subject to suspension under
679this subparagraph are all licenses that are held by the employer
680specific to the business location where the unauthorized alien
681performed work. If the employer does not hold a license specific
682to the business location where the unauthorized alien performed
683work, but a license is necessary to operate the employer's
684business in general, the licenses that are subject to suspension
685under this subparagraph are all licenses that are held by the
686employer at the employer's primary place of business. On receipt
687of the court's order and notwithstanding any other law, the
688appropriate agencies shall suspend the licenses according to the
689court's order. The court shall send a copy of the court's order
690to the Attorney General and the Attorney General shall maintain
691the copy pursuant to subsection (7).
692     (b)  For a second violation as described in subparagraph
693(c)2., the court shall order the appropriate agencies to
694permanently revoke all licenses that are held by the employer
695specific to the business location where the unauthorized alien
696performed work. If the employer does not hold a license specific
697to the business location where the unauthorized alien performed
698work, but a license is necessary to operate the employer's
699business in general, the court shall order the appropriate
700agencies to permanently revoke all licenses that are held by the
701employer at the employer's primary place of business. On receipt
702of the order and notwithstanding any other law, the appropriate
703agencies shall immediately revoke the licenses.
704     (c)  The violation shall be considered:
705     1.  A first violation by an employer at a business location
706if the violation did not occur during a probationary period
707ordered by the court under this subsection or s. 820.08(6) for
708that employer's business location.
709     2.  A second violation by an employer at a business
710location if the violation occurred during a probationary period
711ordered by the court under this subsection or s. 820.08(6) for
712that employer's business location.
713     (7)  The Attorney General shall maintain copies of court
714orders that are received pursuant to subsection (6) and shall
715maintain a database of the employers and business locations that
716have a first violation of subsection (1) and make the court
717orders available on the Attorney General's website.
718     (8)  On determining whether an employee is an unauthorized
719alien, the court shall consider only the Federal Government's
720determination pursuant to 8 U.S.C. s. 1373(c). The Federal
721Government's determination creates a rebuttable presumption of
722the employee's lawful status. The court may take judicial notice
723of the Federal Government's determination and may request the
724Federal Government to provide automated or testimonial
725verification pursuant to 8 U.S.C. s. 1373(c).
726     (9)  For the purposes of this section, proof of verifying
727the employment authorization of an employee through the E-Verify
728program creates a rebuttable presumption that an employer did
729not intentionally employ an unauthorized alien.
730     (10)  For the purposes of this section, an employer that
731establishes that it has complied in good faith with the
732requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative
733defense that the employer did not intentionally employ an
734unauthorized alien. An employer is considered to have complied
735with the requirements of 8 U.S.C. s. 1324a(b), notwithstanding
736an isolated, sporadic, or accidental technical or procedural
737failure to meet the requirements, if there is a good faith
738attempt to comply with the requirements.
739     (11)  It is an affirmative defense to a violation of
740subsection (1) that the employer was entrapped. To claim
741entrapment, the employer must admit by the employer's testimony
742or other evidence the substantial elements of the violation. An
743employer who asserts an entrapment defense has the burden of
744proving the following by clear and convincing evidence:
745     (a)  The idea of committing the violation started with law
746enforcement officers or their agents rather than with the
747employer.
748     (b)  The law enforcement officers or their agents urged and
749induced the employer to commit the violation.
750     (c)  The employer was not predisposed to commit the
751violation before the law enforcement officers or their agents
752urged and induced the employer to commit the violation.
753     (12)  An employer does not establish entrapment if the
754employer was predisposed to violate subsection (1) and the law
755enforcement officers or their agents merely provided the
756employer with an opportunity to commit the violation. It is not
757entrapment for law enforcement officers or their agents merely
758to use a ruse or to conceal their identity. The conduct of law
759enforcement officers and their agents may be considered in
760determining if an employer has proven entrapment.
761     820.101  Verification of employment eligibility; E-Verify;
762economic development incentives; list of registered employers.-
763     (1)  After December 31, 2010, every employer, after hiring
764an employee, shall verify the employment eligibility of the
765employee through the E-Verify program of the Department of
766Homeland Security and shall keep a record of the verification
767for the duration of the employee's employment or at least 3
768years, whichever is longer.
769     (2)  In addition to any other requirement for an employer
770to receive an economic development incentive from a governmental
771entity, the employer shall register with and participate in the
772E-Verify program. Before receiving the economic development
773incentive, the employer shall provide proof to the governmental
774entity that the employer is registered with and is participating
775in the E-Verify program. If the governmental entity determines
776that the employer is not complying with this subsection, the
777governmental entity shall notify the employer by certified mail
778of the governmental entity's determination of noncompliance and
779the employer's right to appeal the determination. On a final
780determination of noncompliance, the employer shall repay all
781moneys received as an economic development incentive to the
782government entity within 30 days after the final determination.
783For the purposes of this subsection:
784     (a)  "Economic development incentive" means any grant,
785loan, or performance-based incentive from any government entity
786that is awarded after June 30, 2011. Economic development
787incentive does not include any tax provision under Title XIV.
788     (b)  "Governmental entity" means this state and any
789political subdivision of this state that receives and uses tax
790revenues.
791     (3)  Every 3 months the Attorney General shall request from
792the United States Department of Homeland Security a list of
793employers from this state that are registered with the E-Verify
794program. On receipt of the list of employers, the Attorney
795General shall make the list available on the Attorney General's
796website.
797     Section 3.  Section 932.709, Florida Statutes, is created
798to read:
799     932.709  Removal and immobilization or impoundment of
800vehicle.-
801     (1)  A law enforcement officer shall cause the removal and
802either immobilization or impoundment of a vehicle if the law
803enforcement officer determines that a person is driving the
804vehicle while any of the following applies:
805     (a)  The person's driving privilege is suspended or revoked
806for any reason.
807     (b)  The person has not been issued a valid driver license
808or permit by this state and the person does not produce evidence
809of ever having a valid driver license or permit issued by
810another jurisdiction. This paragraph does not apply to the
811operation of an implement of husbandry.
812     (c)  The person is subject to an ignition interlock device
813requirement pursuant to chapter 316 or chapter 322 and the
814person is operating a vehicle without a functioning certified
815ignition interlock device. This paragraph does not apply to a
816person operating an employer's vehicle under s. 316.1937(7).
817     (d)  The person is in violation of a criminal offense and
818is transporting, moving, concealing, harboring, or shielding or
819attempting to transport, move, conceal, harbor, or shield an
820alien in this state in a vehicle if the person knows or
821recklessly disregards the fact that the alien has come to, has
822entered, or remains in the United States in violation of law.
823     (2)  A law enforcement officer shall cause the removal and
824impoundment of a vehicle if the law enforcement officer
825determines that a person is driving the vehicle and if all of
826the following apply:
827     (a)  The person's driving privilege is canceled, suspended,
828or revoked for any reason or the person has not ever been issued
829a driver license or permit by this state and the person does not
830produce evidence of ever having a driver license or permit
831issued by another jurisdiction.
832     (b)  The person is not in compliance with the financial
833responsibility requirements of chapter 324.
834     (c)  The person is driving a vehicle that is involved in an
835accident that results in either property damage or injury to or
836death of another person.
837     (3)  Except as provided in subsection (4), while a law
838enforcement officer has control of the vehicle the law
839enforcement officer shall cause the removal and either
840immobilization or impoundment of the vehicle if the law
841enforcement officer has probable cause to arrest the driver of
842the vehicle for a violation of s. 316.193 or s. 322.2616.
843     (4)  A law enforcement officer shall not cause the removal
844and either the immobilization or impoundment of a vehicle
845pursuant to subsection (3) if all of the following apply:
846     (a)  The law enforcement officer determines that the
847vehicle is currently registered and that the driver or the
848vehicle is in compliance with the financial responsibility
849requirements of chapter 324.
850     (b)  The spouse of the driver is with the driver at the
851time of the arrest.
852     (c)  The law enforcement officer has reasonable grounds to
853believe that the spouse of the driver:
854     1.  Has a valid driver license.
855     2.  Is not impaired by intoxicating liquor, any drug, a
856vapor-releasing substance containing a toxic substance, or any
857combination of liquor, drugs, or vapor-releasing substances.
858     3.  Does not have any spirituous liquor in the spouse's
859body if the spouse is under 21 years of age.
860     (d)  The spouse notifies the law enforcement officer that
861the spouse will drive the vehicle from the place of arrest to
862the driver's home or other place of safety.
863     (e)  The spouse drives the vehicle as prescribed by
864paragraph (d).
865     (5)  Except as otherwise provided in this chapter, a
866vehicle that is removed and either immobilized or impounded
867pursuant to subsection (1), subsection (2), or subsection (3)
868shall be immobilized or impounded for 30 days. An insurance
869company does not have a duty to pay any benefits for charges or
870fees for immobilization or impoundment.
871     (6)  The owner of a vehicle that is removed and either
872immobilized or impounded pursuant to subsection (1), subsection
873(2), or subsection (3), the spouse of the owner, and each person
874identified on the records of the Department of Highway Safety
875and Motor Vehicles with an interest in the vehicle shall be
876provided with an opportunity for an immobilization or
877poststorage hearing pursuant to s. 316.193(6).
878     Section 4.  Section 943.0425, Florida Statutes, is created
879to read:
880     943.0425  Gang and Immigration Intelligence and Enforcement
881Account.-There is created a Gang and Immigration Intelligence
882and Enforcement Account within the Department of Law Enforcement
883Operating Trust Fund. Funds in the account are subject to
884legislative appropriation for the purpose of providing emergency
885supplemental funds to gang and immigration enforcement and for
886reimbursement of county jail costs relating to illegal
887immigration.
888     Section 5.  Section 787.07, Florida Statutes, is repealed.
889     Section 6.  This act shall take effect January 1, 2011.


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