Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SPB 7066
       
       
       
       
       
       
                                Barcode 727086                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/14/2011           .                                
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       The Committee on Judiciary (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Division of Statutory Revision shall
    6  designate ss. 448.30 and 448.31, Florida Statutes, as created by
    7  this act, as part III of chapter 448, Florida Statutes, titled
    8  “UNAUTHORIZED IMMIGRANTS.”
    9         Section 2. Section 448.30, Florida Statutes, is created to
   10  read:
   11         448.30 Definitions.—As used in this part, the term:
   12         (1)“Agency” means a department, board, bureau, district,
   13  commission, authority, or other similar body of this state or a
   14  county, municipality, special district, or other political
   15  subdivision of this state which issues a license for purposes of
   16  operating a business in this state or in any jurisdiction within
   17  this state.
   18         (2)“Employee” means any person, other than an independent
   19  contractor, who, for consideration, provides labor or services
   20  to an employer in this state.
   21         (3)“Employer” means a person or agency that employs one or
   22  more employees in this state. In the case of an independent
   23  contractor, the term means the independent contractor and does
   24  not mean the person or agency that uses the contract labor.
   25         (4)“E-Verify Program” means the program for electronic
   26  verification of employment eligibility which is operated by the
   27  United States Department of Homeland Security, or any successor
   28  program.
   29         (5)“Independent contractor” means a person that carries on
   30  an independent business, contracts to do a piece of work
   31  according to its own means and methods, and is subject to
   32  control only as to results.
   33         (6)“License” means any license, permit, certificate,
   34  approval, registration, charter, or similar form of
   35  authorization that is required by law and issued by any agency
   36  for the purpose of operating a business in this state. The term
   37  includes, but is not limited to, articles of incorporation, a
   38  certificate of partnership, a partnership registration, articles
   39  of organization, and a transaction privilege tax license.
   40         Section 3. Section 448.31, Florida Statutes, is created to
   41  read:
   42         448.31Verification of employment eligibility.—
   43         (1) An employer who hires a new employee on or after July
   44  1, 2012, shall:
   45         (a) Register with the E-Verify Program;
   46         (b) Upon acceptance on or after that date of an offer of
   47  employment by the new employee, verify the employment
   48  eligibility of the employee through, and in accordance with the
   49  requirements of, the E-Verify Program; and
   50         (c) Maintain a record of the verification for 3 years after
   51  the date of hire or one year after the date employment ends,
   52  whichever is longer.
   53         (2)(a) The requirements of subsection (1) do not apply if
   54  the new employee presents to the employer one of the following
   55  documents as part of the I-9 process for verifying employment
   56  eligibility under federal law:
   57         1. An unexpired United States passport or United States
   58  passport card;
   59         2. An unexpired driver’s license that is issued by a state
   60  or outlying possession of the United States and that contains a
   61  photograph of the employee;
   62         3. An unexpired foreign passport that contains a United
   63  States visa evidencing applicable work authorization and a
   64  corresponding unexpired Form I-94; or
   65         4. A secure national identification card, or similar
   66  document issued pursuant to federal law.
   67         (b) The employer shall maintain, for 3 years after the date
   68  of hire or one year after the date employment ends, whichever is
   69  longer, a record of the type of document the employee presented,
   70  including a legible photocopy of the document. Photocopies may
   71  only be used for the verification process and must be retained
   72  with the federal Form I-9.
   73         (3) The Attorney General shall quarterly request from the
   74  United States Department of Homeland Security a list of
   75  employers in this state who are registered with the E-Verify
   76  Program. The Attorney General shall make the list available on
   77  the website for the Office of the Attorney General but shall
   78  include a conspicuous notation that employers who comply with
   79  subsection (2) are exempt from the requirement to register with
   80  the E-Verify Program.
   81         (4) An employer who fails to comply with this section is
   82  subject to the suspension of any license held by the employer
   83  through the period of noncompliance. The suspension of a license
   84  pursuant to this subsection must comply with the provisions of
   85  s. 120.60(5).
   86         (5) An employer who terminates an employee in accordance
   87  with federal regulations upon a final determination of
   88  ineligibility for employment through the E-Verify Program is not
   89  liable for wrongful termination.
   90         Section 4. Law enforcement and criminal justice agency
   91  coordination with Federal Government on unauthorized
   92  immigration.—
   93         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
   94  that law enforcement and criminal justice agencies in this state
   95  work cooperatively with the Federal Government in the
   96  identification of unauthorized immigrants and the enforcement of
   97  state and federal immigration laws. It further is the intent of
   98  the Legislature to maximize opportunities to transfer
   99  responsibility for the custody and detention of unauthorized
  100  immigrants who are accused or convicted of crimes from state and
  101  local governments to the Federal Government in order to ensure
  102  the safety of the residents of this state and to reduce costs to
  103  the criminal justice system, while also protecting the due
  104  process rights of individuals accused or convicted of crimes.
  105         (2) DELEGATED ENFORCEMENT AUTHORITY.—
  106         (a)1. The Department of Corrections shall request from the
  107  United States Department of Homeland Security approval to enter
  108  into a memorandum of agreement to have employees or contractors
  109  of the Department of Corrections trained by the Department of
  110  Homeland Security as jail enforcement officers under s. 287(g)
  111  of the federal Immigration and Nationality Act. The Department
  112  of Corrections shall take all actions necessary to maintain the
  113  agreement.
  114         2. The Department of Corrections shall report by November
  115  1, 2011, to the Governor, the President of the Senate, and the
  116  Speaker of the House of Representatives on the status of
  117  implementation of this paragraph. If the department has not
  118  entered into a memorandum of agreement with the Department of
  119  Homeland Security by that date, the department shall identify in
  120  the report any barriers to full implementation of this
  121  paragraph.
  122         3. By February 1 of each year, the Department of
  123  Corrections shall report to the Governor, the President of the
  124  Senate, and the Speaker of the House of Representatives on the
  125  enforcement activities conducted under this paragraph,
  126  including, but not limited to, the number of inmates identified
  127  as being unauthorized immigrants, placed in federal custody, or
  128  deported.
  129         (b)1. The Department of Law Enforcement shall request from
  130  the United States Department of Homeland Security approval to
  131  enter into a memorandum of agreement to have employees of the
  132  Department of Law Enforcement trained by the Department of
  133  Homeland Security as task force officers under s. 287(g) of the
  134  federal Immigration and Nationality Act. The Department of Law
  135  Enforcement shall take all actions necessary to maintain the
  136  agreement.
  137         2. By February 1 of each year, the Department of Law
  138  Enforcement shall report to the Governor, the President of the
  139  Senate, and the Speaker of the House of Representatives on the
  140  enforcement activities conducted under this paragraph.
  141         (c) The sheriff of each county shall evaluate the
  142  feasibility of entering into a memorandum of agreement with the
  143  United States Department of Homeland Security to have employees
  144  of the sheriff trained by the Department of Homeland Security as
  145  jail enforcement officers or task force officers under s. 287(g)
  146  of the federal Immigration and Nationality Act. The Department
  147  of Law Enforcement, upon request by a sheriff, shall assist the
  148  sheriff with the feasibility evaluation. If the sheriff
  149  determines that entering into an agreement is feasible, the
  150  sheriff shall make a request for an agreement to the Department
  151  of Homeland Security.
  152         (3) IDENTIFICATION UPON ARREST.—
  153         (a) When a person is confined in a jail, prison, or other
  154  criminal detention facility, the arresting agency shall make a
  155  reasonable effort to determine the nationality of the person and
  156  whether the person is present in the United States lawfully,
  157  including, but not limited to, participating in the submission
  158  of fingerprints pursuant to the agreement under paragraph (b).
  159  If the arresting agency establishes, independent of the
  160  submission of fingerprints, that the person is not lawfully
  161  present in the United States, the agency shall notify the United
  162  States Department of Homeland Security.
  163         (b) The Department of Law Enforcement shall enter into, and
  164  take all actions necessary to maintain, a memorandum of
  165  agreement with the Department of Homeland Security to implement
  166  a program through which fingerprints submitted by local law
  167  enforcement agencies during the arrest and booking process are
  168  checked against federal databases in order to assess the
  169  immigration status of individuals in custody.
  170         (c) This subsection may not be construed to deny a person
  171  bond or to prevent release of a person from confinement if the
  172  person is otherwise eligible for release. However, for the
  173  purpose of the bail determination required by s. 903.046,
  174  Florida Statutes, a determination that the person is not present
  175  in the United States lawfully raises a presumption that there is
  176  a risk of flight to avoid prosecution.
  177         Section 5. Section 945.80, Florida Statutes, is created to
  178  read:
  179         945.80Removal and deportation of criminal aliens.—
  180         (1) Notwithstanding any law to the contrary, and pursuant
  181  to s. 241(a)(4)(B)(ii) of the federal Immigration and
  182  Nationality Act, the secretary of the department shall release a
  183  prisoner to the custody and control of the United States
  184  Immigration and Customs Enforcement if:
  185         (a) The prisoner was convicted of a nonviolent offense;
  186         (b) The department has received a final order of removal
  187  for the prisoner from the United States Immigration and Customs
  188  Enforcement; and
  189         (c) The secretary determines that removal is appropriate
  190  and in the best interest of the state.
  191  
  192  A person is ineligible for release under this section if he or
  193  she would be ineligible for control release under s.
  194  947.146(3)(a)-(m).
  195         (2)(a) The department shall identify, during the inmate
  196  reception process and among the existing inmate population,
  197  prisoners who are eligible for removal under this section and
  198  determine whether removal is appropriate and in the best
  199  interest of the state.
  200         (b) The department shall coordinate with federal
  201  authorities to determine the eligibility of a prisoner for
  202  removal and to obtain a final order of removal.
  203         (3) Upon approval for removal of the prisoner under this
  204  section, the department shall establish a release date for the
  205  prisoner to be transferred to federal custody. The department
  206  shall maintain exclusive control of and responsibility for the
  207  custody and transportation of the prisoner until the prisoner is
  208  physically transferred to federal custody.
  209         (4)(a) If a prisoner who is released under this section
  210  returns unlawfully to the United States, upon notice from any
  211  state or federal law enforcement agency that the prisoner is
  212  incarcerated, the secretary shall revoke the release of the
  213  prisoner and seek the return of the prisoner to the custody of
  214  the department in order to serve the remainder of the sentence
  215  imposed by the court. The prisoner is not eligible for probation
  216  or community control with respect to any sentence affected by
  217  the release under this section.
  218         (b) The department shall notify each prisoner who is
  219  eligible for removal of the provisions of this subsection.
  220         (5) The secretary of the department may enter into an
  221  agreement with the United States Department of Homeland Security
  222  regarding the rapid repatriation of removable custodial aliens
  223  from the United States pursuant to this section.
  224         (6) The department shall compile statistics on
  225  implementation of this section, including, but not limited to:
  226         (a) The number of prisoners who are transferred to federal
  227  custody;
  228         (b) The number of prisoners who reenter the United States;
  229  and
  230         (c) The annual cost-avoidance achieved.
  231         (7) To the extent practicable, this section applies to all
  232  prisoners actually in confinement on, and all prisoners taken
  233  into confinement after, July 1, 2011.
  234         Section 6. (1) The Legislature finds that the costs
  235  incurred by the state related to unauthorized immigration are
  236  exacerbated by the failure of the Federal Government to enforce
  237  immigration laws adequately and to adopt and implement
  238  comprehensive reforms to immigration laws in order to control
  239  and contain unauthorized immigration more effectively.
  240         (2)(a) The Agency for Workforce Innovation, in consultation
  241  with the Office of Economic and Demographic Research, shall
  242  prepare a report by December 1, 2011, quantifying the costs to
  243  the state which are attributable to unauthorized immigration.
  244  The agency shall submit the report to the Governor, the
  245  President of the Senate, and the Speaker of the House of
  246  Representatives by that date.
  247         (b) Before January 1, 2012, the director of the Agency for
  248  Workforce Innovation shall, in consultation with the Office of
  249  the Governor, submit to the appropriate federal agency or
  250  official a request, based on the total costs quantified under
  251  paragraph (a), for reimbursement to the state of those costs or
  252  a corresponding reduction in or forgiveness of any debt,
  253  interest payments, or other moneys owed by the state to the
  254  Federal Government as a result of borrowing from the Federal
  255  Government to fund unemployment compensation claims.
  256         Section 7. This act shall take effect July 1, 2011.
  257  
  258  
  259  ================= T I T L E  A M E N D M E N T ================
  260         And the title is amended as follows:
  261         Delete everything before the enacting clause
  262  and insert:
  263                        A bill to be entitled                      
  264         An act relating to unauthorized immigrants; directing the
  265  Division of Statutory Revision to designate specified new
  266  statutory sections as part III of ch. 448, F.S., and name the
  267  part “Unauthorized Immigrants”; creating s. 448.30, F.S.;
  268  defining terms; creating s. 448.31, F.S.; requiring every
  269  employer to use the federal program for electronic verification
  270  of employment eligibility in order to verify the employment
  271  eligibility of each employee hired on or after a specified date;
  272  providing an exception in the case of employees who present
  273  specified documents to the employer; requiring the Attorney
  274  General to request from the Department of Homeland Security a
  275  list of employers who are registered with the E-Verify Program
  276  and to post that list to the Attorney General’s website;
  277  providing that an employer who does not comply with the
  278  employment requirements is subject to loss of its license to do
  279  business in this state; providing that an employer who
  280  terminates an employee under certain conditions is not liable
  281  for wrongful termination; providing legislative intent for law
  282  enforcement and criminal justice agencies to coordinate with the
  283  Federal Government on the identification of unauthorized
  284  immigrants and enforcement of immigration laws; directing the
  285  Department of Corrections and the Department of Law Enforcement
  286  to pursue and maintain agreements with the United States
  287  Department of Homeland Security for the training of certain
  288  personnel related to the enforcement of immigration laws;
  289  requiring reports on activity under the agreements; directing
  290  sheriffs to evaluate the feasibility of entering into such
  291  agreements; directing arresting agencies to make reasonable
  292  efforts to determine whether arrestees are present in the United
  293  States lawfully; requiring the Department of Law Enforcement to
  294  enter into and maintain an agreement with the United States
  295  Department of Homeland Security for checking fingerprints of
  296  arrestees against federal databases to determine immigration
  297  status; providing for a presumption as to risk of flight in
  298  order to avoid prosecution; creating s. 945.80, F.S.; requiring
  299  the Department of Corrections to release nonviolent inmates to
  300  the custody of the United States Immigration and Customs
  301  Enforcement under certain circumstances; requiring the
  302  department to identify inmates who are eligible for removal and
  303  deportation; establishing certain procedures for the transfer of
  304  an inmate to federal custody; providing for a released inmate to
  305  serve the remainder of his or her sentence upon unlawfully
  306  returning to the United States; authorizing the secretary of the
  307  department to enter into an agreement with the Department of
  308  Homeland Security regarding the rapid repatriation of removable
  309  custodial aliens; requiring the department to compile
  310  statistics; providing for applicability; providing legislative
  311  findings related to costs incurred by the state from
  312  unauthorized immigration; requiring the Agency for Workforce
  313  Innovation to prepare a report quantifying the costs; requiring
  314  the director of the agency to submit to the Federal Government a
  315  request for reimbursement of the costs or a reduction in moneys
  316  owed to the Federal Government as a result of borrowing to fund
  317  unemployment compensation claims; providing an effective date.
  318