HB 7089

1
A bill to be entitled
2An act relating to the enforcement of immigration laws;
3providing a short title; providing a directive to the
4Division of Statutory Revision; creating s. 820.01, F.S.;
5providing legislative intent; creating s. 820.02, F.S.;
6prohibiting the state or its political subdivisions from
7limiting or restricting the enforcement of federal
8immigration laws; providing that the state or its
9political subdivisions may not be prohibited from
10maintaining or exchanging information regarding
11immigration status for certain purposes; providing for
12enforcement and penalties; authorizing a law enforcement
13officer to determine immigration status under certain
14circumstances; providing that an alien who is in this
15state and is unlawfully present in the United States
16commits a misdemeanor of the second degree; providing
17penalties; requiring implementation consistent with
18federal law; prohibiting law enforcement officers from
19using race, color, or national origin in the enforcement;
20creating s. 820.03, F.S.; providing definitions; requiring
21every employer to use the federal E-Verify system to
22verify the employment eligibility of each employee on or
23after a specified date; prohibiting an employer from
24knowingly employing an unauthorized alien; requiring that
25each verification be made in accordance with certain
26provisions of federal law; authorizing certain persons to
27file a complaint with the licensing agency alleging that
28an employer has employed an unauthorized alien; providing
29for enforcement and penalties; creating a rebuttable
30presumption for certain employers that the employer did
31not knowingly employ an unauthorized alien; authorizing an
32employer or employee to seek an injunction under certain
33circumstances; authorizing certain persons to file a
34complaint with the state attorney or Attorney General
35alleging that an employer has employed an unauthorized
36alien; authorizing enforcement by the state attorney and
37Attorney General; providing penalties; prohibiting the
38filing of a complaint based on race, color, or national
39origin; providing that a person who knowingly files a
40false and frivolous complaint commits a misdemeanor of the
41second degree; providing for construction; transferring
42and renumbering s. 448.09, F.S., relating to a prohibition
43on employment of unauthorized aliens; creating s. 287.135,
44F.S.; providing definitions; requiring public employers to
45use the federal E-Verify system to verify the employment
46eligibility of each employee; prohibiting a public
47employer from knowingly employing an unauthorized alien;
48creating a rebuttable presumption for certain public
49employers that the public employer did not knowingly
50employ an unauthorized alien; prohibiting public employers
51from entering into a contract for contractual services
52with contractors that are not registered and participating
53in the federal E-Verify system; prohibiting certain
54contractors and subcontractors from knowingly employing an
55unauthorized alien; providing procedures and requirements;
56creating a rebuttable presumption that certain contractors
57and subcontractors did not knowingly employ an
58unauthorized alien; providing for enforcement without
59regard to race, color, or national origin; creating s.
60337.163, F.S.; providing definitions; prohibiting the
61Department of Transportation from entering into certain
62contracts with contractors that are not registered and
63participating in the federal E-Verify system; prohibiting
64certain contractors and subcontractors from knowingly
65employing an unauthorized alien; providing procedures and
66requirements; creating a rebuttable presumption that
67certain contractors and subcontractors did not knowingly
68employ an unauthorized alien; providing for enforcement
69without regard to race, color, or national origin;
70amending s. 901.15, F.S.; providing an additional instance
71whereby an arrest may be made by a law enforcement officer
72without a warrant; amending s. 903.046, F.S.; providing
73additional criteria for the court to consider when
74determining whether to release a defendant on bail or
75other conditions; creating s. 921.245, F.S.; providing for
76enhanced maximum criminal penalties when an offense is
77committed by an alien unlawfully present in the United
78States; providing effective dates.
79
80Be It Enacted by the Legislature of the State of Florida:
81
82     Section 1.  Short title.-This act may be cited as the
83"Florida Immigration Enforcement Act."
84     Section 2.  The Division of Statutory Revision is directed
85to create chapter 820, Florida Statutes, to be entitled
86"IMMIGRATION ENFORCEMENT."
87     Section 3.  Section 820.01, Florida Statutes, is created to
88read:
89     820.01  Intent.-The Legislature finds that there is a
90compelling interest in the cooperative enforcement of federal
91immigration laws throughout the state. The Legislature declares
92that the intent of this chapter is to discourage and deter the
93unlawful entry and presence of aliens in this state. The
94provisions of this chapter are intended to work together to
95accomplish this purpose.
96     Section 4.  Section 820.02, Florida Statutes, is created to
97read:
98     820.02  Cooperation and assistance in enforcement of
99immigration laws.-
100     (1)(a)  An official or agency of this state or a county,
101municipality, or other political subdivision of this state may
102not limit or restrict the enforcement of federal immigration
103laws to less than the full extent permitted by federal law.
104     (b)  Except as provided in federal law, officials or
105agencies of this state and counties, municipalities, and other
106political subdivisions of this state may not be prohibited or in
107any way be restricted from sending, receiving, or maintaining
108information relating to the immigration status, lawful or
109unlawful, of any individual or exchanging that information with
110any other federal, state, or local governmental entity for the
111following official purposes:
112     1.  Determining eligibility for any public benefit,
113service, or license provided by the Federal Government, the
114state, or any county, municipality, or other political
115subdivision of this state.
116     2.  Verifying any claim of residence or domicile if
117determination of residence or domicile is required under federal
118law, the laws of this state, or a judicial order issued pursuant
119to a civil or criminal proceeding in this state.
120     3.  If the person is an alien, determining whether the
121person is in compliance with the federal registration laws
122prescribed by Title II, Chapter 7 of the federal Immigration and
123Nationality Act.
124     4.  Complying with 8 U.S.C. ss. 1373 and 1644.
125     (c)1.  The Attorney General may enforce this subsection if
126there is reasonable cause to believe that this subsection has
127been violated and may commence a civil or administrative action
128and, in addition to the penalty provided in this subparagraph,
129may seek such other relief as may be appropriate. If there is a
130judicial finding that an entity has violated this subsection,
131the court shall order that the entity pay a civil penalty of not
132less than $500 and not more than $5,000 for each day that the
133policy remains in effect after the filing of an action under
134this subsection.
135     2.  The court shall collect the civil penalty prescribed in
136subparagraph 1. and deposit the moneys in the Violent Crime
137Investigative Emergency and Drug Control Strategy Implementation
138Account within the Department of Law Enforcement Operating Trust
139Fund pursuant to s. 943.042.
140     (2)(a)1.  A reasonable attempt may be made to determine the
141immigration status of a person who is the subject of a criminal
142investigation by a law enforcement official or a law enforcement
143agency of this state or of a county, municipality, or other
144political subdivision of this state, if reasonable suspicion
145exists that the person is an alien and is unlawfully present in
146the United States.
147     2.  A reasonable attempt shall be made to determine the
148immigration status of a person who is arrested by a law
149enforcement official or a law enforcement agency of this state
150or of a county, municipality, or other political subdivision of
151this state before the person is released, if reasonable
152suspicion exists that the person is an alien and is unlawfully
153present in the United States.
154     (b)  Immigration status shall be verified under this
155subsection with the Federal Government pursuant to 8 U.S.C. s.
1561373(c). If the person's status is reported by the Federal
157Government as unlawfully present in the United States, the law
158enforcement official or law enforcement agency must, as soon as
159practicable, report that person to the United States Immigration
160and Customs Enforcement or the United States Customs and Border
161Protection.
162     (3)  An alien who is in this state and is unlawfully
163present in the United States commits a misdemeanor of the second
164degree, punishable as provided in s. 775.082 and by a fine not
165to exceed $100. For a first violation of this subsection, the
166court may not sentence the person to more than 20 days in jail.
167For a second or subsequent violation, the court may not sentence
168the person to more than 30 days in jail.
169     (4)  A state or local correctional facility shall
170immediately notify the United States Immigration and Customs
171Enforcement or the United States Customs and Border Protection
172prior to the discharge from imprisonment of an alien unlawfully
173present in the United States.
174     (5)  In the implementation of this section, an alien's
175immigration status may be determined by:
176     (a)  A law enforcement officer who is authorized by the
177Federal Government to verify or ascertain an alien's immigration
178status.
179     (b)  The United States Immigration and Customs Enforcement
180or the United States Customs and Border Protection pursuant to 8
181U.S.C. s. 1373(c).
182     (6)  This section shall be implemented in a manner
183consistent with federal laws regulating immigration, protecting
184the civil rights of all persons, and respecting the privileges
185and immunities of United States citizens. A law enforcement
186official or agency of this state or a county, municipality, or
187other political subdivision of this state may not consider race,
188color, or national origin in the enforcement of this section
189except to the extent permitted by the United States Constitution
190or the State Constitution.
191     Section 5.  Effective July 1, 2012, section 820.03, Florida
192Statutes, is created to read:
193     820.03  Use of E-Verify system required for private
194employers; licensing enforcement.-
195     (1)  DEFINITIONS.-As used in this section, the term:
196     (a)  "Agency" means an agency, department, board, or
197commission of this state or a county, municipality, or political
198subdivision issuing a license for the purpose of operating a
199business in this state.
200     (b)  "E-Verify system" means the Employment Authorization
201Program, formerly the "Basic Pilot Program," under Pub. L. No.
202104-208, Division C, Title IV, Subtitle A, s. 403, 110 Stat.
2033009-655 (Sept. 30, 1996), as amended, or any successor program
204designated by the Federal Government for verification that an
205employee is an employment-authorized alien.
206     (c)  "Employee" means any person who performs employment
207services in this state for an employer pursuant to an employment
208relationship between the person and employer. An employee does
209not include an independent contractor.
210     (d)  "Employer" means any person or entity transacting
211business in this state that employs individuals. The term does
212not include:
213     1.  A government employer;
214     2.  The occupant or owner of a private residence who hires
215casual domestic labor to perform work customarily performed by a
216homeowner entirely within a private residence; or
217     3.  That portion of labor and services provided to a person
218or entity by a licensed independent contractor.
219     (e)  "Knowingly employ an unauthorized alien" has the same
220meaning as prescribed in 8 U.S.C. s. 1324a. The term shall be
221interpreted consistently with 8 U.S.C. s. 1324a and any federal
222rule or regulation applicable to the unlawful employment of
223aliens.
224     (f)  "License" means a license, permit, certificate,
225approval, registration, charter, or similar form of
226authorization required by law and issued by an agency for the
227purpose of operating a business. A license includes, but is not
228limited to:
229     1.  Articles of incorporation.
230     2.  A certificate of partnership, a partnership
231registration, or articles of organization.
232     3.  A grant of authority issued pursuant to state or
233federal law.
234     4.  A transaction privilege tax license.
235     (g)  "Unauthorized alien" means an alien who is not
236authorized under federal law to be employed in the United
237States, as provided in 8 U.S.C. s. 1324a(h)(3). This term shall
238be interpreted consistently with that section and any applicable
239federal rules or regulations.
240     (2)  VERIFICATION OF EMPLOYMENT ELIGIBILITY; SUSPENSION OF
241LICENSE.-Paragraphs (a) and (b) apply with respect to employers
242employing 100 or more employees on or after July 1, 2012, and
243with respect to all employers on and after July 1, 2013.
244     (a)  Every employer shall use the E-Verify system to verify
245the employment eligibility of all newly hired employees within
246the period stipulated by federal law or regulations after the
247hiring of the employee. However, an employer is not required to
248verify the employment eligibility of a continuing employee hired
249before the date of the applicability of the verification
250requirements of this section on the employer.
251     (b)  A business that has not complied with paragraph (a)
252shall lose its license to do business in this state until the
253business has registered with the E-Verify system and provided
254the agency with a sworn affidavit stating that the business has
255registered with the E-Verify system.
256     (3)  EMPLOYMENT OF UNAUTHORIZED ALIENS; SUSPENSION OF
257LICENSE.-
258     (a)  An employer may not knowingly employ an unauthorized
259alien.
260     (b)  A person who has actual or constructive knowledge that
261an employer employs, or has within the last 90 days employed, an
262unauthorized alien may file a complaint with the agency.
263     (c)  Upon the receipt of a valid complaint of a violation
264of paragraph (a), the agency shall notify the employer of the
265complaint and direct the employer to notify any affected
266employees named in the complaint.
267     (d)  The agency shall request that the Federal Government
268verify, pursuant to 8 U.S.C. s. 1373(c), the employment status
269of any employee named in the complaint.
270     (e)  If the agency has reasonable cause to believe that the
271employer has employed an unauthorized alien, the agency shall
272notify the local law enforcement agency of the presence of the
273unauthorized alien in the jurisdiction.
274     (f)1.  Upon finding that an employer has violated paragraph
275(a), the agency shall order the employer to:
276     a.  Terminate the employment of all unauthorized aliens;
277and
278     b.  File a sworn affidavit with the agency within 10 days
279after the receipt of the order. The affidavit must state that
280the employer has corrected the violation by:
281     (I)  Terminating the unauthorized alien's employment;
282     (II)  Requesting that a second or additional verification
283of the alien's employment status be authorized by using the E-
284Verify system; or
285     (III)  Attempting to terminate the unauthorized alien's
286employment, and such termination has been challenged in a court
287of competent jurisdiction.
288     2.  If the employer fails to file the required affidavit,
289the agency shall suspend all applicable licenses held by the
290employer. All such licenses suspended shall remain suspended
291until the sworn affidavit is filed. Notwithstanding any other
292law, the suspended licenses shall be deemed to have been
293reinstated upon the filing of the affidavit. During the pendency
294of an action, the 10-day period shall be tolled. The 10-day
295period shall also be tolled for any period during which the
296Federal Government allows an alien to challenge the Federal
297Government's determination of his or her immigration status or
298employment authorization.
299     3.  Licenses subject to suspension under this subsection
300include all licenses that are held by the employer and that are
301necessary to operate the employer's business at the location at
302which the unauthorized alien performed work. If a license is not
303necessary to operate the employer's business at the specific
304location at which the unauthorized alien performed work, but a
305license is necessary to operate the employer's business in
306general, the licenses subject to suspension under subparagraph
3072. include all licenses held by the employer at the employer's
308primary place of business.
309     (g)  Upon finding a second or subsequent violation of
310paragraph (a) during a 2-year period, the agency shall suspend,
311for at least 30 days, all licenses that are held by the employer
312and that are necessary to operate the employer's business at the
313location at which the unauthorized alien performed work. If a
314license is not necessary to operate the employer's business at
315the specific location at which the unauthorized alien performed
316work, but a license is necessary to operate the employer's
317business in general, the agency shall suspend all licenses held
318by the employer at the employer's primary place of business for
31930 days or upon compliance with paragraph (f), whichever occurs
320later.
321     (h)  For the purposes of this section, compliance with
322subsection (2) creates a rebuttable presumption that an employer
323did not knowingly employ an unauthorized alien in violation of
324paragraph (a). An employer that establishes that it has complied
325in good faith with the requirements of 8 U.S.C. s. 1324a(b)
326establishes an affirmative defense that the employer did not
327knowingly employ an unauthorized alien. An employer is
328considered to have complied with the requirements of 8 U.S.C. s.
3291324a(b), notwithstanding an isolated, sporadic, or accidental
330technical or procedural failure to meet the requirements, if
331there is a good faith attempt to comply with the requirements.
332     (4)  INJUNCTION.-At any time after a complaint is received,
333an employer subject to a complaint under this section, or any
334employee of the employer who is alleged to be an unauthorized
335alien, may challenge and seek to enjoin the enforcement of this
336section before a court of competent jurisdiction.
337     (5)  ENFORCEMENT.-
338     (a)  A person who has actual or constructive knowledge that
339an employer employs, or has within the last 90 days employed, an
340unauthorized alien may file a complaint with the state attorney
341or Attorney General. The state attorney and Attorney General may
342enforce this section if there is reasonable cause to believe
343that this section has been violated and may commence a civil or
344administrative action and seek such other relief as may be
345appropriate.
346     (b)  If there is a judicial finding that an employer has
347violated this section, the court shall order that the employer's
348license be suspended in the same manner and under the same terms
349as provided in paragraphs (3)(f) and (g).
350     (6)  NONDISCRIMINATION.-A complaint made under this section
351may not be based on race, color, or national origin, except to
352the extent permitted by the United States Constitution or the
353State Constitution. A person who knowingly files a false and
354frivolous complaint under this section commits a misdemeanor of
355the second degree, punishable as provided in s. 775.082 or s.
356775.083.
357     (7)  CONSTRUCTION.-This section must be enforced without
358regard to race, color, or national origin and shall be construed
359in a manner so as to be fully consistent with any applicable
360provisions of federal law.
361     Section 6.  Section 448.09, Florida Statutes, is
362transferred and renumbered as section 820.04, Florida Statutes.
363     Section 7.  Effective January 1, 2012, section 287.135,
364Florida Statutes, is created to read:
365     287.135  Verification of immigration status; public
366employers.-
367     (1)  As used in the section, the term:
368     (a)  "Contractor" means a person who has entered or is
369attempting to enter into a public contract for services with a
370public employer.
371     (b)  "E-Verify system" has the same meaning as provided in
372s. 820.03.
373     (c)  "Knowingly employ an unauthorized alien" has the same
374meaning as provided in s. 820.03.
375     (d)  "Public employer" means any department, agency,
376county, municipality, or political subdivision of the state.
377     (e)  "Subcontractor" means any supplier, distributor,
378vendor, or firm furnishing supplies or services to or for a
379contractor or another subcontractor.
380     (f)  "Unauthorized alien" has the same meaning as provided
381in s. 820.03.
382     (2)  Every public employer shall use the E-Verify system to
383verify the employment eligibility of all newly hired employees
384within the period stipulated by federal law or regulations after
385the hiring of the employee. However, a public employer is not
386required to verify the employment eligibility of a continuing
387employee hired before the date of the applicability of the
388verification requirements of this section on the employer.
389     (3)(a)  A public employer may not knowingly employ an
390unauthorized alien.
391     (b)  For the purposes of this subsection, compliance with
392subsection (2) creates a rebuttable presumption that a public
393employer did not knowingly employ an unauthorized alien. A
394public employer that establishes that it has complied in good
395faith with the requirements of 8 U.S.C. s. 1324a(b) establishes
396an affirmative defense that the public employer did not
397knowingly employ an unauthorized alien. A public employer is
398considered to have complied with the requirements of 8 U.S.C. s.
3991324a(b), notwithstanding an isolated, sporadic, or accidental
400technical or procedural failure to meet the requirements, if
401there is a good faith attempt to comply with the requirements.
402     (4)(a)  A contractor or subcontractor may not knowingly
403employ an unauthorized alien.
404     (b)1.  A public employer may not enter into a contract for
405the physical performance of services unless the contractor
406registers and participates in the E-Verify system.
407     2.  A contractor or subcontractor may not enter into a
408contract or subcontract with a public employer in connection
409with the physical performance of services unless the contractor
410or subcontractor registers with and uses the E-Verify system for
411the purpose of verifying information of all newly hired
412employees.
413     (c)  If a contractor uses a subcontractor, the
414subcontractor shall certify to the contractor that the
415subcontractor, at the time of certification, does not employ or
416contract with an unauthorized alien.
417     (d)  A contractor shall maintain a copy of the
418certification of a subcontractor throughout the duration of the
419term of a contract with the subcontractor.
420     (e)  If a contractor knows that a subcontractor is in
421violation of this subsection, the contractor shall terminate the
422contract with the subcontractor.
423     (f)  If a public employer knows that a contractor is in
424violation of this subsection, the public employer shall
425immediately terminate the contract with the contractor and the
426contractor is not eligible for public contracts for 1 year after
427the date of termination. If the public employer has knowledge
428that a subcontractor has violated this subsection, and the
429contractor has otherwise complied with this subsection, the
430public employer shall promptly notify the contractor and order
431the contractor to terminate the contract with the noncompliant
432subcontractor.
433     (g)  Termination of a contract pursuant to paragraph (e) or
434paragraph (f) is not a breach of contract and may not be
435considered as such by the contractor or subcontractor.
436     (h)  A contractor or subcontractor may file an action with
437a circuit or county court having jurisdiction in the county to
438challenge a termination of a contract under this subsection no
439later than 20 days after the date on which the contract or
440subcontract was terminated.
441     (i)  For the purposes of this subsection, compliance with
442subparagraph (b)1. or subparagraph (b)2. creates a rebuttable
443presumption that a contractor or subcontractor did not knowingly
444employ an unauthorized alien. A contractor or subcontractor that
445establishes that it has complied in good faith with the
446requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative
447defense that the contractor or subcontractor did not knowingly
448employ an unauthorized alien. A contractor or subcontractor is
449considered to have complied with the requirements of 8 U.S.C. s.
4501324a(b), notwithstanding an isolated, sporadic, or accidental
451technical or procedural failure to meet the requirements, if
452there is a good faith attempt to comply with the requirements.
453     (5)  This section shall be construed in a manner so as to
454be fully consistent with any applicable federal law and shall be
455enforced without regard to race, color, or national origin.
456     Section 8.  Effective January 1, 2012, section 337.163,
457Florida Statutes, is created to read:
458     337.163  Compliance with federal work-authorization
459program.-
460     (1)  As used in this section, the term:
461     (a)  "Contractor" means a person who has entered or is
462attempting to enter into a contract with the department for
463services under this chapter.
464     (b)  "E-Verify system" has the same meaning as provided in
465s. 820.03.
466     (c)  "Knowingly employ an unauthorized alien" has the same
467meaning as provided in s. 820.03.
468     (d)  "Subcontractor" means any supplier, distributor,
469vendor, or firm furnishing supplies or services to or for a
470contractor or another subcontractor under this chapter.
471     (e)  "Unauthorized alien" has the same meaning as provided
472in s. 820.03.
473     (2)(a)  A contractor or subcontractor may not knowingly
474employ an unauthorized alien.
475     (b)  The department may not enter into a contract under
476this chapter for contractual services unless the contractor
477registers and participates in the E-Verify system.
478     (c)  A contractor who receives a contract award under this
479chapter for contractual services may not execute a contract,
480purchase order, or subcontract in connection with the award
481unless the contractor and all subcontractors providing services
482for the contractor register and participate in the E-Verify
483system. The contractor shall certify in writing to the
484department that it is in compliance with this section.
485     (d)  A contractor shall ensure that each subcontractor
486providing services for the contractor registers and participates
487in the E-Verify system. Each subcontractor shall certify in
488writing to the contractor that it is in compliance with this
489section. A contractor shall maintain a copy of the certification
490of a subcontractor throughout the duration of the term of a
491contract with the subcontractor.
492     (e)  If a contractor knows that a subcontractor is in
493violation of this subsection, the contractor shall terminate the
494contract with the subcontractor.
495     (f)  If the department knows that a contractor is in
496violation of this section, the department shall immediately
497terminate the contract with the contractor and the contractor is
498not eligible for public contracts for 1 year after the date of
499termination. If the department has knowledge that a
500subcontractor has violated this section, and the contractor has
501otherwise complied with this section, the department shall
502promptly notify the contractor and order the contractor to
503terminate the contract with the noncompliant subcontractor.
504     (g)  Termination of a contract pursuant to paragraph (e) or
505paragraph (f) is not a breach of contract and may not be
506considered as such by the contractor or subcontractor.
507     (h)  A contractor or subcontractor may file an action with
508a circuit or county court having jurisdiction in the county to
509challenge a termination of a contract under this subsection no
510later than 20 days after the date on which the contract or
511subcontract was terminated.
512     (i)  For the purposes of this subsection, compliance with
513paragraph (b) or paragraph (c) creates a rebuttable presumption
514that a contractor or subcontractor did not knowingly employ an
515unauthorized alien. A contractor or subcontractor that
516establishes that it has complied in good faith with the
517requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative
518defense that the contractor or subcontractor did not knowingly
519employ an unauthorized alien. A contractor or subcontractor is
520considered to have complied with the requirements of 8 U.S.C. s.
5211324a(b), notwithstanding an isolated, sporadic, or accidental
522technical or procedural failure to meet the requirements, if
523there is a good faith attempt to comply with the requirements.
524     (3)  This section shall be construed in a manner so as to
525be fully consistent with any applicable federal law and shall be
526enforced without regard to race, color, or national origin.
527     Section 9.  Subsection (16) is added to section 901.15,
528Florida Statutes, to read:
529     901.15  When arrest by officer without warrant is lawful.-A
530law enforcement officer may arrest a person without a warrant
531when:
532     (16)  The officer has probable cause to believe that the
533person to be arrested is unlawfully in the United States in
534violation of state and federal law.
535     Section 10.  Paragraph (c) of subsection (2) of section
536903.046, Florida Statutes, is amended to read:
537     903.046  Purpose of and criteria for bail determination.-
538     (2)  When determining whether to release a defendant on
539bail or other conditions, and what that bail or those conditions
540may be, the court shall consider:
541     (c)  The defendant's family ties, length of residence in
542the community, legal residency status in the United States,
543employment history, financial resources, and mental condition.
544     Section 11.  Section 921.245, Florida Statutes, is created
545to read:
546     921.245  Illegal alien multiplier; enhanced penalties.-Upon
547a finding by the trier of fact that the defendant committed the
548charged offense while the defendant was an alien and was
549unlawfully present in the United States, the penalty for any
550felony or misdemeanor, or any delinquent act or violation of law
551that would be a felony or misdemeanor if committed by an adult,
552may be enhanced. Penalty enhancement affects the applicable
553statutory maximum penalty only. Each of the findings required as
554a basis for such sentence must be found beyond a reasonable
555doubt. The enhancement shall be as follows:
556     (1)(a)  A misdemeanor of the second degree may be punished
557as if it were a misdemeanor of the first degree.
558     (b)  A misdemeanor of the first degree may be punished as
559if it were a felony of the third degree. For purposes of
560sentencing under this chapter and determining incentive gain-
561time eligibility under chapter 944, such offense shall be ranked
562in level 1 of the offense severity ranking chart.
563     (2)(a)  A felony of the third degree may be punished as if
564it were a felony of the second degree.
565     (b)  A felony of the second degree may be punished as if it
566were a felony of the first degree.
567     (c)  A felony of the first degree may be punished as if it
568were a life felony.
569
570For purposes of sentencing under this chapter and determining
571incentive gain-time eligibility under chapter 944, such felony
572offense shall be ranked as provided in s. 921.0022 or s.
573921.0023, without regard to the penalty enhancement in this
574subsection.
575     Section 12.  Except as otherwise expressly provided in this
576act, this act shall take effect October 1, 2011.


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