Bill No. CS/CS/HB 7005
Amendment No. 956043
Senate House

1Representative Randolph offered the following:
3     Amendment (with title amendment)
4     Remove lines 412-442 and insert:
5exceed $7,150. However, the total amount of benefits, if not a
6multiple of $1, is rounded downward to the nearest full dollar
7amount. These benefits are payable at a weekly rate no greater
8than the weekly benefit amount.
9     (c)  For claims submitted during a calendar year, the
10duration of benefits is limited to:
11     1.  16 weeks if the Florida average unemployment rate is at
12or below 5 percent.
13     2.  An additional week in addition to the 16 weeks for each
140.5 percent increment in the Florida average unemployment rate
15above 5 percent, up to a maximum of 26 weeks.
16     (d)  Notwithstanding any other provision in this section,
17an eligible individual whose employer has violated the
18provisions of s. 435.12 within 36 months after the individual
19filing for benefits is entitled to benefits equal to twice the
20amount described in this section.
21     (e)2.  For the purposes of this subsection, wages are
22counted as "wages for insured work" for benefit purposes with
23respect to any benefit year only if the benefit year begins
24after the date the employing unit by whom the wages were paid
25has satisfied the conditions of this chapter for becoming an
27     (f)(b)  If the remuneration of an individual is not based
28upon a fixed period or duration of time or if the individual's
29wages are paid at irregular intervals or in a manner that does
30not extend regularly over the period of employment, the wages
31for any week or for any calendar quarter for the purpose of
32computing an individual's right to employment benefits only are
33determined in the manner prescribed by rule. These rules, to the
34extent practicable, must secure results reasonably similar to
35those that would prevail if the individual were paid her or his
36wages at regular intervals.
37     Section 9.  Section 435.12, Florida Statutes, is created to
39     435.12  Employment of unauthorized aliens.-
40     (1)  As used in this section, the term:
41     (a)  "Employee" means any person who performs employment
42services in this state for an employer pursuant to an employment
43relationship between the employee and employer.
44     (b)  "Employer" means any individual or type of
45organization transacting business in this state and employing
46one or more individuals who perform employment services in this
48     (c)  "E-Verify system" means the Employment Authorization
49Program, formerly the "Basic Pilot Program," under Pub. L. No.
50104-208, Div. C, Title IV, Subtitle A, 110 Stat. 3009-655 (Sept.
5130, 1996), as amended, or any successor program designated by
52the Federal Government for verification that an employee is an
53employment-authorized alien.
54     (d)  "Knowingly employ an unauthorized alien" means the
55actions described in 8 U.S.C. s. 1324a. This term shall be
56interpreted consistently with 8 U.S.C. s. 1324a and any
57applicable federal rules and regulations.
58     (e)  "Unauthorized alien" means an alien who is not
59authorized under federal law to be employed in the United
60States, as described in 8 U.S.C. s. 1324a(h)(3).
61     (2)  An employer may not knowingly employ an unauthorized
63     (3)  Beginning July 1, 2011, an employer with more than 25
64employees must use the E-Verify system to verify the employment
65eligibility of all newly hired employees.
66     (4)  For the purposes of this section, compliance with
67subsection (3) creates a rebuttable presumption that an employer
68did not knowingly employ an unauthorized alien in violation of
69subsection (2).
70     (5)(a)  An employer who knowingly employs an unauthorized
71alien commits a misdemeanor of the second degree, punishable as
72provided in s. 775.082 or s. 775.083, shall be assessed a fine
73of $10,000 for each unauthorized alien knowingly employed, and
74shall be ineligible to bid on any local or state government
75project or contract for 3 years. Any and all fines collected
76pursuant to this subsection shall be deposited into the
77Unemployment Compensation Trust Fund.
78     (b)  On receipt of a complaint that an employer allegedly
79knowingly employs an unauthorized alien, the state attorney with
80jurisdiction over the county in which the unauthorized alien was
81employed shall investigate the complaint and shall verify the
82employment eligibility of the alleged unauthorized alien. A
83person who knowingly files a false or frivolous complaint under
84this section commits a misdemeanor of the second degree,
85punishable as provided in s. 775.082 or s. 775.083.
T I T L E  A M E N D M E N T
90     Remove lines 22-24 and insert:
91F.S.; providing a definition; revising the calculation of the
92number of weeks of a claimant's benefit eligibility; creating s.
93435.12, F.S.; providing definitions; prohibiting an employer
94from employing an unauthorized alien; requiring certain
95employers to use the Employment Authorization Program to verify
96the employment eligibility of each newly hired employee on or
97after a specified date; providing penalties; providing
98procedures for complaints alleging that an employer has employed
99an unauthorized alien; providing penalties; amending s.

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