HB 271

1
A bill to be entitled
2An act relating to the enforcement of immigration laws;
3providing a short title; creating s. 287.0576, F.S.;
4providing definitions; prohibiting agencies from entering
5into a contract for contractual services with contractors
6that are not registered and participating by a specified
7date in a federal work-authorization program; providing
8procedures and requirements with respect to the
9registration of contractors and subcontractors; providing
10for enforcement; providing a schedule for phased
11compliance; requiring the Department of Management
12Services to adopt rules; creating s. 337.163, F.S.;
13providing definitions; prohibiting the Department of
14Transportation from entering into a contract for
15contractual services with contractors that are not
16registered and participating by a specified date in a
17federal work-authorization program; providing procedures
18and requirements with respect to the registration of
19contractors and subcontractors; providing for enforcement;
20providing a schedule for phased compliance; requiring the
21department to adopt rules; amending s. 943.0311, F.S.;
22requiring the Chief of Domestic Security to negotiate the
23terms of a memorandum of understanding between the state
24and certain Federal Government entities concerning the
25enforcement of federal immigration and customs laws, the
26detention and removal of individuals not lawfully present
27in the United States, investigations related to illegal
28immigration in the state, and the establishment of
29specified training standards and the creation of specified
30training programs for law enforcement officers; providing
31that the establishment of training standards and the
32creation of training programs is contingent upon federal
33funding; providing that law enforcement officers trained
34in accordance with such standards are authorized to
35enforce federal immigration and customs laws while
36performing within the scope of their authorized duties;
37creating s. 951.30, F.S.; providing requirements and
38procedures with respect to the determination of lawful
39immigration status of persons charged with a crime and
40confined to a county or municipal detention facility;
41providing for construction; requiring the Florida Sheriffs
42Association to prepare and issue specified guidelines and
43procedures; creating part IV of ch. 23, F.S.; requiring
44agencies to verify by a specified date the lawful presence
45in the United States of any natural person 18 years of age
46or older who has applied for state or local public
47benefits, or for federal public benefits, which are
48administered by the agency; providing for enforcement;
49providing exceptions; requiring the Board of Governors of
50the State University System to set forth policies
51regarding postsecondary education benefits; providing
52procedures and requirements with respect to verification
53by an agency of an individual's lawful presence in the
54United States; providing a penalty for knowingly and
55willfully making a false, fictitious, or fraudulent
56statement or representation in an affidavit attesting to
57citizenship or permanent legal residency; providing
58procedures with respect to verification of eligibility for
59benefits; prohibiting an agency from providing any state,
60local, or federal benefit in violation of the requirements
61of the act; providing for specified annual reports;
62clarifying that certain attestations do not constitute a
63crime; providing an effective date.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  This act may be cited as the "Florida Security
68and Immigration Compliance Act."
69     Section 2.  Section 287.0576, Florida Statutes, is created
70to read:
71     287.0576  Compliance with federal work-authorization
72programs.-
73     (1)  As used in this section, the term:
74     (a)  "Federal work-authorization program" means any program
75operated by the United States Department of Homeland Security
76which provides electronic verification of work authorization
77issued by the United States Citizenship and Immigration Services
78or any equivalent federal work-authorization program operated by
79the United States Department of Homeland Security which provides
80for the verification of information regarding newly hired
81employees under the Immigration Reform and Control Act of 1986,
82Pub. L. No. 99-603.
83     (b)  "Subcontractor" means a person who enters into a
84contract with a contractor for the performance of any part of
85such contractor's contract.
86     (2)  An agency may not enter into a contract under s.
87287.057 for contractual services unless the contractor registers
88and participates in a federal work-authorization program.
89     (3)  A contractor who receives a contract award under s.
90287.057 for contractual services may not execute a contract,
91purchase order, or subcontract in connection with the award
92unless the contractor and all subcontractors providing services
93for the contractor register and participate in a federal work-
94authorization program. The contractor shall certify in writing
95to the agency that it is in compliance with this subsection.
96     (4)  A contractor shall ensure that each subcontractor
97providing services for the contractor registers and participates
98in a federal work-authorization program. Each subcontractor
99shall certify in writing to the contractor that it is in
100compliance with this subsection.
101     (5)  Subsections (2), (3), and (4) apply as follows:
102     (a)  On or after July 1, 2012, with respect to contractors
103or subcontractors employing 500 or more employees.
104     (b)  On or after July 1, 2013, with respect to contractors
105or subcontractors employing 100 or more employees.
106     (c)  On or after July 1, 2014, with respect to all
107contractors or subcontractors.
108     (6)  This section shall be enforced without regard to race,
109religion, gender, ethnicity, or national origin.
110     (7)  The department shall adopt rules deemed necessary to
111administer this section, including prescribing forms.
112     Section 3.  Section 337.163, Florida Statutes, is created
113to read:
114     337.163  Compliance with federal work-authorization
115program.-
116     (1)  As used in this section, the term:
117     (a)  "Federal work-authorization program" means any program
118operated by the United States Department of Homeland Security
119which provides electronic verification of work authorization
120issued by the United States Citizenship and Immigration Services
121or any equivalent federal work-authorization program operated by
122the United States Department of Homeland Security which provides
123for the verification of information regarding newly hired
124employees under the Immigration Reform and Control Act of 1986,
125Pub. L. No. 99-603.
126     (b)  "Subcontractor" means a person who enters into a
127contract with a contractor for the performance of any part of
128such contractor's contract.
129     (2)  The department may not enter into a contract under
130this chapter for contractual services unless the contractor
131registers and participates in a federal work-authorization
132program.
133     (3)  A contractor who receives a contract award under this
134chapter for contractual services may not execute a contract,
135purchase order, or subcontract in connection with the award
136unless the contractor and all subcontractors providing services
137for the contractor register and participate in a federal work-
138authorization program. The contractor shall certify in writing
139to the department that it is in compliance with this subsection.
140     (4)  A contractor shall ensure that each subcontractor
141providing services for the contractor registers and participates
142in a federal work-authorization program. Each subcontractor
143shall certify in writing to the contractor that it is in
144compliance with this subsection.
145     (5)  Subsections (2), (3), and (4) apply as follows:
146     (a)  On or after July 1, 2012, with respect to contractors
147or subcontractors employing 500 or more employees.
148     (b)  On or after July 1, 2013, with respect to contractors
149or subcontractors employing 100 or more employees.
150     (c)  On or after July 1, 2014, with respect to all
151contractors or subcontractors.
152     (6)  This section shall be enforced without regard to race,
153religion, gender, ethnicity, or national origin.
154     (7)  The department shall adopt rules deemed necessary to
155administer this section, including prescribing forms.
156     Section 4.  Subsection (8) is added to section 943.0311,
157Florida Statutes, and, effective if funding under the federal
158Homeland Security Appropriation Act of 2010 or any subsequent
159source of federal funding is provided to fund the provisions of
160the subsection, subsection (9) is added to that section, to
161read:
162     943.0311  Chief of Domestic Security; duties of the
163department with respect to domestic security.-
164     (8)(a)  The Chief of Domestic Security shall negotiate the
165terms of a memorandum of understanding between the State of
166Florida and the United States Department of Justice or the
167United States Department of Homeland Security concerning:
168     1.  The enforcement of federal immigration and customs
169laws.
170     2.  The detention and removal of individuals not lawfully
171present in the United States.
172     3.  Investigations related to illegal immigration in the
173state.
174     4.  The establishment of training standards and the
175creation of training programs for law enforcement officers as
176provided in subsection (9).
177     (b)  The memorandum of understanding shall be signed on
178behalf of the state by the Chief of Domestic Security and the
179Governor, or as otherwise required by the appropriate federal
180agency.
181     (9)(a)  Contingent upon funding in the federal Homeland
182Security Appropriation Act of 2010 or any subsequent source of
183federal funding, the Chief of Domestic Security shall work with
184the regional domestic security task forces and the various state
185entities responsible for establishing training standards
186applicable to law enforcement officers to establish training
187standards and create training programs that enhance the ability
188of law enforcement officers to enforce federal immigration and
189customs laws while performing within the scope of their
190authorized duties.
191     (b)  A law enforcement officer, as defined in s. 943.10,
192who is trained in accordance with the standards established
193pursuant to this subsection is authorized to enforce federal
194immigration and customs laws while performing within the scope
195of his or her authorized duties.
196     Section 5.  Section 951.30, Florida Statutes, is created to
197read:
198     951.30  County and municipal detention facilities;
199determination of lawful immigration status.-
200     (1)  If the lawful immigration status of any person who is
201charged with a crime and confined to a county or municipal
202detention facility for any period of time cannot be verified
203from documents in the possession of the county or municipal
204prisoner or after a reasonable effort on the part of law
205enforcement officials, such verification shall be made within 48
206hours through a query to the Law Enforcement Support Center of
207the United States Department of Homeland Security or other
208office or agency designated for that purpose by the United
209States Department of Homeland Security. If it is determined that
210a county or municipal prisoner is in the United States
211unlawfully, the law enforcement agency shall notify the United
212States Department of Homeland Security.
213     (2)  This section does not deny bond to a person who is
214charged with a crime and confined to a county or municipal
215detention facility or prevent the person from being released
216from confinement if the person is otherwise eligible for
217release.
218     (3)  The Florida Sheriffs Association shall prepare and
219issue guidelines and procedures for compliance with this
220section.
221     Section 6.  Part IV of chapter 23, Florida Statutes,
222consisting of section 23.40, is created to read:
223
PART IV
224
AGENCY ADMINISTRATION OF PUBLIC BENEFITS
225     23.40  Agency administration of public benefits;
226verification of lawful status.-
227     (1)  Except as provided in subsection (3) or where exempted
228by federal law, no later than July 1, 2012, each agency, as
229defined in s. 20.03, shall verify the lawful presence in the
230United States of any natural person 18 years of age or older who
231has applied for state or local public benefits, as defined in 8
232U.S.C. s. 1621, or for federal public benefits, as defined in 8
233U.S.C. s. 1611, which are administered by the agency.
234     (2)  This section shall be enforced without regard to race,
235religion, gender, ethnicity, or national origin.
236     (3)  Verification of an individual's lawful presence in the
237United States under this section is not required for:
238     (a)  Any purpose for which lawful presence in the United
239States is not required by law, ordinance, rule, or regulation;
240     (b)  Assistance for health care items and services that are
241necessary for the treatment of an emergency medical condition,
242as defined in 42 U.S.C. s. 1396b(v)(3), of the individual
243involved and that are not related to an organ-transplant
244procedure;
245     (c)  Short-term, noncash, and in-kind emergency disaster
246relief;
247     (d)  Public health assistance for immunizations with
248respect to immunizable diseases and for testing and treatment of
249symptoms of communicable diseases whether or not such symptoms
250are caused by a communicable disease;
251     (e)  Programs, services, or assistance, such as soup
252kitchens, crisis counseling and intervention, and short-term
253shelter specified by the United States Attorney General in his
254or her sole and unreviewable discretion after consultation with
255appropriate federal agencies and departments, which:
256     1.  Deliver in-kind services at the community level,
257including services provided through public or private nonprofit
258agencies;
259     2.  Do not condition the provision of assistance, the
260amount of assistance provided, or the cost of assistance
261provided on the individual recipient's income or resources; and
262     3.  Are necessary for the protection of life or safety;
263     (f)  Prenatal care; or
264     (g)  Postsecondary education.
265     (4)  The Board of Governors of the State University System
266shall set forth, or cause to be set forth, policies regarding
267postsecondary education benefits that comply with all applicable
268federal laws, including, but not limited to, those governing
269ineligibility for public benefits as described in 8 U.S.C. s.
2701611, s. 1621, or s. 1623.
271     (5)(a)  Verification of an individual's lawful presence in
272the United States by an agency that is required to make such
273verification shall occur as follows:
274     1.  The applicant for benefits must execute an affidavit
275stating that he or she is a United States citizen or a permanent
276legal resident of the United States and is 18 years of age or
277older; or
278     2.  The applicant for benefits must execute an affidavit
279stating that he or she is a qualified alien or nonimmigrant
280under the federal Immigration and Nationality Act, is 18 years
281of age or older, and is lawfully present in the United States.
282     (b)  Any person who knowingly and willfully makes a false,
283fictitious, or fraudulent statement or representation in an
284affidavit executed pursuant to paragraph (a) commits a
285misdemeanor of the first degree, punishable as provided in s.
286775.082 or s. 775.083.
287     (6)  For any applicant who has executed an affidavit
288attesting to the fact that he or she is an alien who is lawfully
289present in the United States, verification of the applicant's
290immigration status shall be made through the Systematic Alien
291Verification for Entitlements Program established by the United
292States Citizenship and Immigration Services or a successor
293program designated by the United States Department of Homeland
294Security. Until such verification of eligibility is made, the
295affidavit may be presumed to be proof of lawful presence in the
296United States for the purposes of this section.
297     (7)  In carrying out this section, each agency shall
298endeavor to improve efficiency, reduce delay in the verification
299process, and provide for the expedient resolution of unique
300individual circumstances where verification procedures would
301impose an unusual hardship on a legal resident of the state.
302     (8)(a)  An agency may not provide any state, local, or
303federal benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in
304violation of this section.
305     (b)  Each agency that administers any program of state or
306local public benefits shall compile an annual report with
307respect to its compliance with this section.
308     (9)  All errors and significant delays by the Systematic
309Alien Verification for Entitlements Program shall be reported to
310the United States Department of Homeland Security and to the
311Secretary of State, and each agency shall monitor the program
312and report annually on errors and significant delays in the
313verification process in order to ensure that the application of
314the program is not wrongfully denying benefits to legal
315residents of the state.
316     (10)  Notwithstanding subsection (5), it is not a crime for
317an applicant for federal benefits, as defined in 8 U.S.C. s.
3181611, or for state or local benefits, as defined in 8 U.S.C. s.
3191621, to execute an affidavit that attests to his or her lawful
320presence in the United States and that contains a false
321statement if the affidavit is not required by this section.
322     Section 7.  Except as otherwise expressly provided in this
323act, this act shall take effect July 1, 2011.


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