Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 664 Ì569026/Î569026 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Simmons) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 287.137, Florida Statutes, is created to 6 read: 7 287.137 Verification of work authorization status; public 8 employers.— 9 (1) As used in this section, the term: 10 (a) “Contractor” means a person or an entity that has more 11 than 10 employees and has entered into, or is attempting to 12 enter into, a contract with a public employer to provide labor, 13 supplies, or services to such employer. 14 (b) “Employee” has the same meaning as provided in s. 15 448.093. 16 (c) “Employment verification system” has the same meaning 17 as provided in s. 448.093. 18 (d) “Public employer” means a department, an agency, or a 19 political subdivision of this state which enters into, or 20 attempts to enter into, a contract with a contractor for an 21 amount that will, or is expected to, exceed the CATEGORY FOUR 22 threshold amount provided in s. 287.017. 23 (e) “Subcontractor” means a person or an entity that has 24 more than 10 employees and provides labor, supplies, or services 25 to or for a contractor or another subcontractor pursuant to a 26 contract that will, or is expected to, exceed the CATEGORY THREE 27 threshold amount provided in s. 287.017. 28 (f) “Unauthorized alien” means a person who is not 29 authorized under federal law to be employed in the United 30 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall 31 be interpreted consistently with that section and any applicable 32 federal rules or regulations. 33 (2) On or after July 1, 2022: 34 (a) Every public employer, contractor, and subcontractor 35 shall register with and use an employment verification system to 36 verify the work authorization status of all new employees and 37 identify whether an employee is an unauthorized alien. 38 (b) A public employer or a contractor or subcontractor in 39 this state may not enter into a contract under this section 40 unless each party to the contract registers with and uses an 41 employment verification system. 42 Section 2. Section 448.093, Florida Statutes, is created to 43 read: 44 448.093 Definitions; use of employment verification system 45 required for private employers; business licensing enforcement.— 46 (1) DEFINITIONS.—As used in this section, the term: 47 (a) “Agency” means an agency, a department, a board, or a 48 commission of this state or a county, municipality, or town 49 issuing a license to operate a business in this state. 50 (b) “Department” means the Department of Economic 51 Opportunity. 52 (c) “Employee” means an individual whose work is performed 53 under the direction and supervision of the employer and whose 54 employer withholds tax pursuant to the Federal Insurance 55 Contributions Act (FICA) or federal income tax from the 56 individual’s compensation, or whose employer issues an Internal 57 Revenue Service W-2 form, but not an Internal Revenue Service 58 Form 1099, to an individual for purposes of documenting 59 compensation. The term does not include a licensed independent 60 contractor as defined in federal laws or regulations. 61 (d) “Employer” means a person or an entity in this state 62 which employs an employee. The term does not include: 63 1. A government employer. 64 2. The occupant or owner of a private residence who hires: 65 a. Casual labor, as defined in s. 443.036, to be performed 66 entirely within the private residence; 67 b. A licensed independent contractor, as defined in federal 68 laws or regulations, to perform a specified portion of labor or 69 services; or 70 c. An agricultural employer, which includes any person who 71 owns or operates a farm, ranch, processing establishment, 72 cannery, gin, packing shed, or nursery, or who produces or 73 conditions seed, and who either recruits, solicits, hires, 74 employs, furnishes, or transports any migrant or seasonal 75 agricultural worker. This sub-subparagraph is repealed 90 days 76 after the effective date of any federal law, rule, regulation, 77 or program that authorizes this state or a federal agency to 78 grant temporary legal status to an unauthorized alien who can 79 demonstrate that he or she has performed agricultural work in 80 the United States for not fewer than 575 hours or 100 work days 81 during a 2-year period and has maintained a continuous presence 82 in the United States, except for brief absences, during that 83 period. 84 3. An employee leasing company licensed pursuant to part XI 85 of chapter 468 which enters into a written agreement or 86 understanding with a client company which places the primary 87 obligation for compliance with this section upon the client 88 company. In the absence of a written agreement or understanding, 89 the term includes an employee leasing company. 90 (e) “Employment verification system” means: 91 1. An Internet-based system operated by the United States 92 Department of Homeland Security which allows participating 93 employers to electronically verify the employment eligibility of 94 newly hired employees; or 95 2. A substantially equivalent electronic employment 96 verification system that is permissible under department rule. 97 (f) “Knowingly employ an unauthorized alien” has the same 98 meaning as in 8 U.S.C. s. 1324a. The term shall be interpreted 99 consistently with 8 U.S.C. s. 1324a and any applicable federal 100 rules or regulations. 101 (g) “License” means a franchise, a permit, a certificate, 102 an approval, a registration, a charter, or any similar form of 103 authorization required by state law and issued by an agency for 104 the purpose of operating a business in this state. The term 105 includes, but is not limited to: 106 1. An article of incorporation. 107 2. A certificate of partnership, partnership registration, 108 or article of organization. 109 3. A grant of authority issued pursuant to state or federal 110 law. 111 4. A transaction privilege tax license. 112 (h) “Unauthorized alien” means a person who is not 113 authorized under federal law to be employed in the United 114 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall 115 be interpreted consistently with that section and any applicable 116 federal rules or regulations. 117 (2) VERIFICATION OF EMPLOYMENT ELIGIBILITY; FINE FOR 118 VIOLATION; SUSPENSION OF BUSINESS LICENSE.— 119 (a) An employer shall, after making an offer of employment 120 which has been accepted by a person, use an employment 121 verification system to verify such person’s employment 122 eligibility. Verification must occur within the period 123 stipulated by applicable federal rules or regulations. However, 124 an employer is not required to verify the employment eligibility 125 of a continuing employee hired before the date of the employer’s 126 registration with an employment verification system. 127 (b) The requirement to use an employment verification 128 system shall be phased in as follows: 129 1. Employers having at least 500 employees must use an 130 employment verification system beginning January 1, 2021. 131 2. Employers having at least 250 employees must use an 132 employment verification system beginning July 1, 2021. 133 3. Employers having at least 150 employees must use an 134 employment verification system beginning January 1, 2022. 135 4. Employers having more than 10 employees must use an 136 employment verification system 90 days after the effective date 137 of any federal law, rule, regulation, or program that authorizes 138 this state to issue a work permit, whether temporary or 139 permanent, to a qualifying undocumented alien. 140 (c) If an employer does not register with an employment 141 verification system, the department may impose a fine of up to 142 $500 on the employer, who must then register with an employment 143 verification system and provide an affidavit of stating such 144 fact to the department within 30 days. If the employer does not 145 register with and provide the required affidavit within 30 days 146 after the imposition of the fine becomes final, the department 147 must order the appropriate agency to suspend all applicable 148 licenses held by the employer until the employer registers with 149 an employment verification system and provides the department 150 with the required affidavit. 151 (3) EMPLOYMENT OF UNAUTHORIZED ALIENS; IMMUNITY.— 152 (a)1. An employer registered with and using an employment 153 verification system may not be held civilly liable in a cause of 154 action for the employer’s: 155 a. Hiring of an unauthorized alien if the information 156 obtained from the employment verification system indicated that 157 the person’s work authorization status was not that of an 158 unauthorized alien; or 159 b. Refusal to hire a person if the information obtained 160 from the employment verification system indicated that the 161 person’s work authorization status was that of an unauthorized 162 alien. 163 2. An employer who in good faith registers with and uses an 164 employment verification system is considered to have complied 165 with the requirements of 8 U.S.C. s. 1324a(b) and may not be 166 held liable for any damages and is immune from any legal cause 167 of action brought by any person or entity, including former 168 employees, for the use of and reliance upon any incorrect 169 information obtained from the employment verification system, 170 including any incorrect information obtained as a result of an 171 isolated, sporadic, or accidental technical or procedural 172 failure, when determining final action on a person’s work 173 authorization status. 174 (b) For purposes of this subsection, compliance with 175 subsection (2) creates a rebuttable presumption that an employer 176 did not knowingly employ an unauthorized alien in violation of 177 s. 448.09. 178 (4) RULEMAKING.—The department shall adopt rules to define 179 an employment verification system, if any, that is substantially 180 equivalent to or more effective than the E-Verify system with 181 respect to identifying unauthorized aliens and those persons 182 eligible to work in the United States. The rules must identify 183 the types of databases, methodologies, and evidence of identity 184 and employment eligibility that qualify an employment 185 verification system as substantially equivalent to or more 186 effective than the E-Verify system. 187 Section 3. This act shall take effect July 1, 2020. 188 189 ================= T I T L E A M E N D M E N T ================ 190 And the title is amended as follows: 191 Delete everything before the enacting clause 192 and insert: 193 A bill to be entitled 194 An act relating to the verification of employment 195 eligibility; creating s. 287.137, F.S.; defining 196 terms; requiring public employers and certain 197 contractors and subcontractors to register with and 198 use an employment verification system by a specified 199 date; prohibiting public employers, contractors, and 200 subcontractors from entering into a contract unless 201 each party to the contract registers with and uses an 202 employment verification system; creating s. 448.093, 203 F.S.; defining terms; requiring employers who meet 204 specified criteria to register with and use an 205 employment verification system to verify the 206 employment eligibility of new employees; prescribing 207 an implementation schedule for the employment 208 verification requirement; authorizing the imposition 209 of fines for violations of the act; requiring a 210 violating employer to submit certain affidavits to the 211 Department of Economic Opportunity; requiring the 212 department to order the appropriate licensing agency 213 to suspend an employer’s license under certain 214 circumstances; providing civil immunity for an 215 employer registered with and using an employment 216 verification system; providing specified immunity and 217 nonliability for an employer who complies in good 218 faith with the requirements of the act; creating a 219 rebuttable presumption for certain employers that the 220 employer did not knowingly employ an unauthorized 221 alien; requiring the department to define by rule 222 employment verification systems substantially 223 equivalent to the E-Verify system; providing 224 requirements for such rules; providing an effective 225 date.