Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1718
       
       
       
       
       
       
                                Ì383522ÆÎ383522                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Fiscal Policy (Ingoglia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 125.0156, Florida Statutes, is created
    6  to read:
    7         125.0156 Restriction on providing funds for identification
    8  documents.—A county may not provide funds to any person, entity,
    9  or organization for the purpose of issuing an identification
   10  card or document to an individual who does not provide proof of
   11  lawful presence in the United States.
   12         Section 2. Section 166.246, Florida Statutes, is created to
   13  read:
   14         166.246 Restriction on providing funds for identification
   15  documents.—A municipality may not provide funds to any person,
   16  entity, or organization for the purpose of issuing an
   17  identification card or document to an individual who does not
   18  provide proof of lawful presence in the United States.
   19         Section 3. Section 322.033, Florida Statutes, is created to
   20  read:
   21         322.033 Unauthorized aliens; invalid out-of-state driver
   22  licenses.—
   23         (1) If a driver license is of a class of licenses issued by
   24  another state exclusively to undocumented immigrants who are
   25  unable to prove lawful presence in the United States when the
   26  licenses are issued, the driver license, or other permit
   27  purporting to authorize the holder to operate a motor vehicle on
   28  public roadways, is invalid in this state and does not authorize
   29  the holder to operate a motor vehicle in this state. Such
   30  classes of licenses include licenses that are issued exclusively
   31  to undocumented immigrants or licenses that are substantially
   32  the same as licenses issued to citizens, residents, or those
   33  lawfully present in the United States but have markings
   34  establishing that the license holder did not exercise the option
   35  of providing proof of lawful presence.
   36         (2)A law enforcement officer or other authorized
   37  representative of the department who stops a person driving with
   38  an invalid license as described in subsection (1) and driving
   39  without a valid license shall issue a citation to the driver for
   40  driving without a license in violation of s. 322.03.
   41         (3) The department, to facilitate the enforcement of this
   42  section and to aid in providing notice to the public and
   43  visitors of invalid licenses, shall maintain on its website a
   44  list of out-of-state classes of driver licenses that are invalid
   45  in this state.
   46         Section 4. Section 322.04, Florida Statutes, is amended to
   47  read:
   48         322.04 Persons exempt from obtaining driver license.—
   49         (1) The following persons are exempt from obtaining a
   50  driver license:
   51         (a) Any employee of the United States Government, while
   52  operating a noncommercial motor vehicle owned by or leased to
   53  the United States Government and being operated on official
   54  business.
   55         (b) Any person while driving or operating any road machine,
   56  farm tractor, or implement of husbandry temporarily operated or
   57  moved on a highway.
   58         (c) A nonresident who is at least 16 years of age and who
   59  has in his or her immediate possession a valid noncommercial
   60  driver license issued to the nonresident in his or her home
   61  state or country operating a motor vehicle of the type for which
   62  a Class E driver license is required in this state, if the
   63  nonresident’s license is not invalid under s. 322.033 relating
   64  to proof of the licensee’s lawful presence in the United States.
   65         (d) A nonresident who is at least 18 years of age and who
   66  has in his or her immediate possession a valid noncommercial
   67  driver license issued to the nonresident in his or her home
   68  state or country operating a motor vehicle, other than a
   69  commercial motor vehicle, in this state, if the nonresident’s
   70  license is not invalid under s. 322.033 relating to proof of the
   71  licensee’s lawful presence in the United States.
   72         (e) Any person operating a golf cart, as defined in s.
   73  320.01, which is operated in accordance with the provisions of
   74  s. 316.212.
   75         (2) This section does not apply to any person to whom s.
   76  322.031 applies.
   77         (3) Any person working for a firm under contract to the
   78  United States Government whose residence is outside this state
   79  and whose main point of employment is outside this state may
   80  drive a noncommercial vehicle on the public roads of this state
   81  for periods up to 60 days while in this state on temporary duty,
   82  if the person has a valid driver license from the state of the
   83  person’s residence and if the license is not invalid under s.
   84  322.033 relating to proof of the licensee’s lawful presence in
   85  the United States.
   86         Section 5. Section 395.3027, Florida Statutes, is created
   87  to read:
   88         395.3027 Patient immigration status data collection.—
   89         (1) Each hospital that accepts Medicaid must include a
   90  provision on its patient admission or registration forms for the
   91  patient or the patient’s representative to state or indicate
   92  whether the patient is a United States citizen or lawfully
   93  present in the United States or is not lawfully present in the
   94  United States. The inquiry must be followed by a statement that
   95  the response will not affect patient care or result in a report
   96  of the patient’s immigration status to immigration authorities.
   97         (2) Each hospital must submit a quarterly report to the
   98  agency within 30 days after the end of each calendar quarter
   99  which reports the number of hospital admissions or emergency
  100  department visits within the previous quarter which were made by
  101  a patient who indicated that he or she was a citizen of the
  102  United States or lawfully present in the United States, was not
  103  lawfully present in the United States, or declined to answer.
  104         (3) By March 1 of each year, the agency shall submit a
  105  report to the Governor, the President of the Senate, and the
  106  Speaker of the House of Representatives which includes the total
  107  number of hospital admissions and emergency department visits
  108  for the previous calendar year for which the patient or
  109  patient’s representative reported that the patient was a citizen
  110  of the United States or lawfully present in the United States,
  111  was not lawfully present in the United States, or declined to
  112  answer. The report must also describe information relating to
  113  the costs of uncompensated care for aliens who are not lawfully
  114  present in the United States, the impact of uncompensated care
  115  on the cost or ability of hospitals to provide services to the
  116  public, hospital funding needs, and other related information.
  117         (4) The agency may adopt rules relating to the format and
  118  information to be contained in quarterly reports and the
  119  acceptable formats for hospitals to use in requesting
  120  information regarding a patient’s immigration status on hospital
  121  admission or registration forms. The rules may not require the
  122  disclosure of patient names or any other personal identifying
  123  information to the agency.
  124         Section 6. Effective July 1, 2024, section 448.09, Florida
  125  Statutes, is amended to read:
  126         448.09 Unauthorized aliens; employment prohibited.—
  127         (1) It is shall be unlawful for any person to knowingly to
  128  employ, hire, recruit, or refer, either for herself or himself
  129  or on behalf of another, for private or public employment within
  130  this the state, an alien who is not duly authorized to work by
  131  the immigration laws of the United States, or the Attorney
  132  General of the United States, or the United States Secretary of
  133  the Department of Homeland Security.
  134         (2) If the Department of Economic Opportunity finds or is
  135  notified by an entity specified in s. 448.095(3)(a) that an
  136  employer has knowingly employed an unauthorized alien without
  137  verifying the employment eligibility of such person, the
  138  department must enter an order pursuant to chapter 120 making
  139  such determination and require repayment of any economic
  140  development incentive pursuant to s. 288.061(6) The first
  141  violation of subsection (1) shall be a noncriminal violation as
  142  defined in s. 775.08(3) and, upon conviction, shall be
  143  punishable as provided in s. 775.082(5) by a civil fine of not
  144  more than $500, regardless of the number of aliens with respect
  145  to whom the violation occurred.
  146         (3) For a violation of this section, the department shall
  147  place the employer on probation for a 1-year period and require
  148  that the employer report quarterly to the department to
  149  demonstrate compliance with the requirements of subsection (1)
  150  and s. 448.095.
  151         (4) Any violation of this section which takes place within
  152  24 months after a previous violation constitutes grounds for the
  153  suspension or revocation of all licenses issued by a licensing
  154  agency subject to chapter 120. The department shall take the
  155  following actions for a violation involving:
  156         (a) One to 10 unauthorized aliens, suspension of all
  157  applicable licenses held by a private employer for up to 30 days
  158  by the respective agencies that issued them.
  159         (b) Eleven to 50 unauthorized aliens, suspension of all
  160  applicable licenses held by a private employer for up to 60 days
  161  by the respective agencies that issued them.
  162         (c) More than 50 unauthorized aliens, revocation of all
  163  applicable licenses held by a private employer by the respective
  164  agencies that issued them Any person who has been previously
  165  convicted for a violation of subsection (1) and who thereafter
  166  violates subsection (1), shall be guilty of a misdemeanor of the
  167  second degree, punishable as provided in s. 775.082 or s.
  168  775.083. Any such subsequent violation of this section shall
  169  constitute a separate offense with respect to each unauthorized
  170  alien.
  171         (5) An alien who is not duly authorized to work by the
  172  immigration laws of the United States, the Attorney General of
  173  the United States, or the United States Secretary of the
  174  Department of Homeland Security and who knowingly uses a false
  175  identification document or who fraudulently uses an
  176  identification document of another person for the purpose of
  177  obtaining employment commits a felony of the third degree,
  178  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  179         Section 7. Effective upon becoming a law, section 448.095,
  180  Florida Statutes, is amended to read:
  181         (Substantial rewording of section. See
  182         s. 448.095, F.S., for present text.)
  183         448.095 Employment eligibility.—
  184         (1) DEFINITIONS.—As used in this section, the term:
  185         (a) “Contractor” means a person or an entity that has
  186  entered or is attempting to enter into a contract with a public
  187  agency to provide labor, supplies, or services to such agency in
  188  exchange for salary, wages, or other remuneration.
  189         (b) “Employee” means an individual filling a permanent
  190  position who performs labor or services under the control or
  191  direction of an employer that has the power or right to control
  192  and direct the employee in the material details of how the work
  193  is to be performed in exchange for salary, wages, or other
  194  remuneration. An individual hired for casual labor, as defined
  195  in s. 443.036, which is to be performed entirely within a
  196  private residence is not an employee of an occupant or owner of
  197  a private residence. An independent contractor, as defined in
  198  federal laws or regulations, hired to perform a specified
  199  portion of labor or services is not an employee.
  200         (c) “E-Verify system” means an Internet-based system
  201  operated by the United States Department of Homeland Security
  202  which allows participating employers to electronically verify
  203  the employment eligibility of new employees.
  204         (d) “Public agency” means any office, department, agency,
  205  division, subdivision, political subdivision, board, bureau,
  206  commission, authority, district, public body, body politic,
  207  state, county, city, town, village, municipality, or any other
  208  separate unit of government created or established pursuant to
  209  law, and any other public or private agency, person,
  210  partnership, corporation, or business entity acting on behalf of
  211  any public agency.
  212         (e) “Subcontractor” means a person or an entity that
  213  provides labor, supplies, or services to or for a contractor or
  214  another subcontractor in exchange for salary, wages, or other
  215  remuneration.
  216         (f) “Unauthorized alien” means an individual who is not
  217  authorized under federal law to be employed in the United
  218  States, as described in 8 U.S.C. s. 1324a(h)(3). The term must
  219  be interpreted consistently with that section and any applicable
  220  federal rules or regulations.
  221         (2) EMPLOYMENT VERIFICATION.—
  222         (a) An employer shall verify each new employee’s employment
  223  eligibility within 3 business days after the first day that the
  224  new employee begins working for pay as required under 8 C.F.R.
  225  s. 274a.
  226         (b)1. A public agency shall use the E-Verify system to
  227  verify a new employee’s employment eligibility as required under
  228  paragraph (a).
  229         2.Beginning on July 1, 2023, a private employer with 25 or
  230  more employees shall use the E-Verify system to verify a new
  231  employee’s employment eligibility as required under paragraph
  232  (a).
  233         3.Each employer required to use the E-Verify system under
  234  this paragraph must certify on its first return each calendar
  235  year to the tax service provider that it is in compliance with
  236  this section when making contributions to or reimbursing the
  237  state’s unemployment compensation or reemployment assistance
  238  system. An employer that voluntarily uses the E-Verify system
  239  may also make such a certification on its first return each
  240  calendar year in order to document such use.
  241         (c)If the E-Verify system is unavailable for 3 business
  242  days after the first day that the new employee begins working
  243  for pay and an employer cannot access the system to verify a new
  244  employee’s employment eligibility, the employer must use the
  245  Employment Eligibility Verification form (Form I-9) to verify
  246  employment eligibility. The unavailability of the E-Verify
  247  system does not bar the employer from using the rebuttable
  248  presumption established in paragraph (4)(a). An employer must
  249  document the unavailability of the E-Verify system by retaining
  250  a screenshot from each day which shows the employer’s lack of
  251  access to the system, a public announcement that the E-Verify
  252  system is not available, or any other communication or notice
  253  recorded by the employer regarding the unavailability of the
  254  system.
  255         (d) The employer must retain a copy of the documentation
  256  provided and any official verification generated, if applicable,
  257  for at least 3 years.
  258         (e) An employer may not continue to employ an unauthorized
  259  alien after obtaining knowledge that a person is or has become
  260  an unauthorized alien.
  261         (f) An employee leasing company licensed under part XI of
  262  chapter 468 which enters into a written agreement or
  263  understanding with a client company which places the primary
  264  obligation for compliance with this section upon the client
  265  company is not required to verify employment eligibility of any
  266  new employees of the client company. In the absence of a written
  267  agreement or understanding, the employee leasing company is
  268  responsible for compliance with this section. Such employee
  269  leasing company shall, at all times, remain an employer as
  270  otherwise defined in federal laws or regulations.
  271         (3) ENFORCEMENT.—
  272         (a) For the purpose of enforcement of this section, any of
  273  the following persons or entities may request, and an employer
  274  must provide, copies of any documentation relied upon by the
  275  employer for the verification of a new employee’s employment
  276  eligibility:
  277         1. The Department of Law Enforcement;
  278         2. The Attorney General;
  279         3. The state attorney in the circuit in which the new
  280  employee works;
  281         4.The statewide prosecutor; or
  282         5. The Department of Economic Opportunity.
  283         (b)A person or an entity that makes a request under
  284  paragraph (a) must rely upon the Federal Government to verify an
  285  employee’s employment eligibility and may not independently make
  286  a final determination as to whether an employee is an
  287  unauthorized alien.
  288         (4)DEFENSES.—
  289         (a) An employer that uses the E-Verify system or, if that
  290  system is unavailable, the Employment Eligibility Verification
  291  form (Form I-9) as provided in paragraph (2)(c), with respect to
  292  the employment of an unauthorized alien has established a
  293  rebuttable presumption that the employer has not violated s.
  294  448.09 with respect to such employment.
  295         (b)An employer that uses the same documentation that is
  296  required by the United States Citizenship and Immigration
  297  Services on its Employment Eligibility Verification form (Form
  298  I-9) with respect to the employment of an unauthorized alien,
  299  has established an affirmative defense that the employer has not
  300  violated s. 448.09 with respect to such employment.
  301         (5) PUBLIC AGENCY CONTRACTING.—
  302         (a) A public agency must require in any contract that the
  303  contractor, and any subcontractor thereof, register with and use
  304  the E-Verify system to verify the work authorization status of
  305  all new employees of the contractor or subcontractor. A public
  306  agency or a contractor or subcontractor thereof may not enter
  307  into a contract unless each party to the contract registers with
  308  and uses the E-Verify system.
  309         (b) If a contractor enters into a contract with a
  310  subcontractor, the subcontractor must provide the contractor
  311  with an affidavit stating that the subcontractor does not
  312  employ, contract with, or subcontract with an unauthorized
  313  alien. The contractor shall maintain a copy of such affidavit
  314  for the duration of the contract.
  315         (c)1. A public agency, contractor, or subcontractor who has
  316  a good faith belief that a person or an entity with which it is
  317  contracting has knowingly violated s. 448.09(1) shall terminate
  318  the contract with the person or entity.
  319         2. A public agency that has a good faith belief that a
  320  subcontractor knowingly violated this subsection, but the
  321  contractor otherwise complied with this subsection, shall
  322  promptly notify the contractor and order the contractor to
  323  immediately terminate the contract with the subcontractor.
  324         3. A contract terminated under this paragraph is not a
  325  breach of contract and may not be considered as such. If a
  326  public agency terminates a contract with a contractor under this
  327  paragraph, the contractor may not be awarded a public contract
  328  for at least 1 year after the date on which the contract was
  329  terminated. A contractor is liable for any additional costs
  330  incurred by a public agency as a result of the termination of a
  331  contract.
  332         (d) A public agency, contractor, or subcontractor may file
  333  a cause of action with a circuit or county court to challenge a
  334  termination under paragraph (c) no later than 20 calendar days
  335  after the date on which the contract was terminated.
  336         (6) COMPLIANCE.—
  337         (a)In addition to the requirements under s. 288.061(6),
  338  beginning on July 1, 2024, if the Department of Economic
  339  Opportunity determines that an employer failed to use the E
  340  Verify system to verify the employment eligibility of employees
  341  as required under this section, the department must notify the
  342  employer of the department’s determination of noncompliance and
  343  provide the employer with 30 days to cure the noncompliance.
  344         (b)If the Department of Economic Opportunity determines
  345  that an employer failed to use the E-Verify system as required
  346  under this section three times in any 24-month period, the
  347  department must impose a fine of $1,000 per day until the
  348  employer provides sufficient proof to the department that the
  349  noncompliance is cured. Noncompliance constitutes grounds for
  350  the suspension of all licenses issues by a licensing agency
  351  subject to chapter 120 until the noncompliance is cured.
  352         (c)Fines collected under this subsection must be deposited
  353  into the State Economic Enhancement and Development Trust Fund
  354  for use by the department for employer outreach and public
  355  notice of the state’s employment verification laws.
  356         (7) CONSTRUCTION.—
  357         (a) This section must be enforced without regard to race,
  358  color, or national origin and must be construed in a manner so
  359  as to be fully consistent with any applicable federal laws or
  360  regulations.
  361         (b) The requirements to use the E-Verify system under this
  362  section do not apply in any federal fiscal year in which the
  363  system is not funded by the Federal Government.
  364         (c) This section shall expire 60 days after the E-Verify
  365  system is no longer a pilot program, and the Federal Government
  366  requires the use of the E-Verify system by all employers in the
  367  United States.
  368         Section 8. Effective November 1, 2028, subsection (3) of
  369  section 454.021, Florida Statutes, is amended to read:
  370         454.021 Attorneys; admission to practice law; Supreme Court
  371  to govern and regulate.—
  372         (3) Upon certification by the Florida Board of Bar
  373  Examiners that an applicant who is an unauthorized immigrant who
  374  was brought to the United States as a minor; has been present in
  375  the United States for more than 10 years; has received
  376  documented employment authorization from the United States
  377  Citizenship and Immigration Services (USCIS); has been issued a
  378  social security number; if a male, has registered with the
  379  Selective Service System if required to do so under the Military
  380  Selective Service Act, 50 U.S.C. App. 453; and has fulfilled all
  381  requirements for admission to practice law in this state, the
  382  Supreme Court of Florida may admit that applicant as an attorney
  383  at law authorized to practice in this state and may direct an
  384  order be entered upon the court’s records to that effect.
  385         Section 9. The repeal of s. 454.021(3), Florida Statutes,
  386  by this act does not affect the validity of any license to
  387  practice law issued pursuant to that subsection before November
  388  1, 2028.
  389         Section 10. Section 787.07, Florida Statutes, is amended to
  390  read:
  391         787.07 Human smuggling.—
  392         (1) Except as provided in subsections (3), (4), and (5), a
  393  person who knowingly and willfully transports into this state an
  394  individual whom who the person knows, or reasonably should know,
  395  has entered is illegally entering the United States in violation
  396  of law and has not been inspected by the Federal Government
  397  since his or her unlawful entry from another country commits a
  398  felony of the third degree, punishable as provided in s.
  399  775.082, s. 775.083, or s. 775.084.
  400         (2) A person commits a separate offense for each individual
  401  he or she transports into this state in violation of this
  402  section.
  403         (3) A person who transports a minor into this state in
  404  violation of subsection (1) commits a felony of the second
  405  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  406  775.084.
  407         (4) A person who commits five or more separate offenses
  408  under this section during a single episode commits a felony of
  409  the second degree, punishable as provided in s. 775.082, s.
  410  775.083, or s. 775.084.
  411         (5)(a) A person with a prior conviction under this section
  412  who commits a subsequent violation of this section commits a
  413  felony of the second degree, punishable as provided in s.
  414  775.082, s. 775.083, or s. 775.084.
  415         (b) As used in paragraph (a), the term “conviction” means a
  416  determination of guilt that is the result of a plea agreement or
  417  a trial, regardless of whether adjudication is withheld or a
  418  plea of nolo contendere is entered.
  419         (6) Proof that a person knowingly and willfully presented
  420  false identification or gave false information to a law
  421  enforcement officer who is conducting an investigation for a
  422  violation of this section gives rise to an inference that such
  423  person was aware that the transported individual has entered the
  424  United States in violation of the law and had not been inspected
  425  by the Federal Government since his or her unlawful entry.
  426         (7) A person who is arrested for a violation of this
  427  section must be held in custody until brought before the court
  428  for admittance to pretrial release in accordance with chapter
  429  903.
  430         Section 11. Paragraph (a) of subsection (8) of section
  431  895.02, Florida Statutes, is amended to read:
  432         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  433         (8) “Racketeering activity” means to commit, to attempt to
  434  commit, to conspire to commit, or to solicit, coerce, or
  435  intimidate another person to commit:
  436         (a) Any crime that is chargeable by petition, indictment,
  437  or information under the following provisions of the Florida
  438  Statutes:
  439         1. Section 210.18, relating to evasion of payment of
  440  cigarette taxes.
  441         2. Section 316.1935, relating to fleeing or attempting to
  442  elude a law enforcement officer and aggravated fleeing or
  443  eluding.
  444         3. Chapter 379, relating to the illegal sale, purchase,
  445  collection, harvest, capture, or possession of wild animal life,
  446  freshwater aquatic life, or marine life, and related crimes.
  447         4. Section 403.727(3)(b), relating to environmental
  448  control.
  449         5. Section 409.920 or s. 409.9201, relating to Medicaid
  450  fraud.
  451         6. Section 414.39, relating to public assistance fraud.
  452         7. Section 440.105 or s. 440.106, relating to workers’
  453  compensation.
  454         8. Section 443.071(4), relating to creation of a fictitious
  455  employer scheme to commit reemployment assistance fraud.
  456         9. Section 465.0161, relating to distribution of medicinal
  457  drugs without a permit as an Internet pharmacy.
  458         10. Section 499.0051, relating to crimes involving
  459  contraband, adulterated, or misbranded drugs.
  460         11. Part IV of chapter 501, relating to telemarketing.
  461         12. Chapter 517, relating to sale of securities and
  462  investor protection.
  463         13. Section 550.235 or s. 550.3551, relating to dogracing
  464  and horseracing.
  465         14. Chapter 550, relating to jai alai frontons.
  466         15. Section 551.109, relating to slot machine gaming.
  467         16. Chapter 552, relating to the manufacture, distribution,
  468  and use of explosives.
  469         17. Chapter 560, relating to money transmitters, if the
  470  violation is punishable as a felony.
  471         18. Chapter 562, relating to beverage law enforcement.
  472         19. Section 624.401, relating to transacting insurance
  473  without a certificate of authority, s. 624.437(4)(c)1., relating
  474  to operating an unauthorized multiple-employer welfare
  475  arrangement, or s. 626.902(1)(b), relating to representing or
  476  aiding an unauthorized insurer.
  477         20. Section 655.50, relating to reports of currency
  478  transactions, when such violation is punishable as a felony.
  479         21. Chapter 687, relating to interest and usurious
  480  practices.
  481         22. Section 721.08, s. 721.09, or s. 721.13, relating to
  482  real estate timeshare plans.
  483         23. Section 775.13(5)(b), relating to registration of
  484  persons found to have committed any offense for the purpose of
  485  benefiting, promoting, or furthering the interests of a criminal
  486  gang.
  487         24. Section 777.03, relating to commission of crimes by
  488  accessories after the fact.
  489         25. Chapter 782, relating to homicide.
  490         26. Chapter 784, relating to assault and battery.
  491         27. Chapter 787, relating to kidnapping, human smuggling,
  492  or human trafficking.
  493         28. Chapter 790, relating to weapons and firearms.
  494         29. Chapter 794, relating to sexual battery, but only if
  495  such crime was committed with the intent to benefit, promote, or
  496  further the interests of a criminal gang, or for the purpose of
  497  increasing a criminal gang member’s own standing or position
  498  within a criminal gang.
  499         30. Former s. 796.03, former s. 796.035, s. 796.04, s.
  500  796.05, or s. 796.07, relating to prostitution.
  501         31. Chapter 806, relating to arson and criminal mischief.
  502         32. Chapter 810, relating to burglary and trespass.
  503         33. Chapter 812, relating to theft, robbery, and related
  504  crimes.
  505         34. Chapter 815, relating to computer-related crimes.
  506         35. Chapter 817, relating to fraudulent practices, false
  507  pretenses, fraud generally, credit card crimes, and patient
  508  brokering.
  509         36. Chapter 825, relating to abuse, neglect, or
  510  exploitation of an elderly person or disabled adult.
  511         37. Section 827.071, relating to commercial sexual
  512  exploitation of children.
  513         38. Section 828.122, relating to fighting or baiting
  514  animals.
  515         39. Chapter 831, relating to forgery and counterfeiting.
  516         40. Chapter 832, relating to issuance of worthless checks
  517  and drafts.
  518         41. Section 836.05, relating to extortion.
  519         42. Chapter 837, relating to perjury.
  520         43. Chapter 838, relating to bribery and misuse of public
  521  office.
  522         44. Chapter 843, relating to obstruction of justice.
  523         45. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  524  s. 847.07, relating to obscene literature and profanity.
  525         46. Chapter 849, relating to gambling, lottery, gambling or
  526  gaming devices, slot machines, or any of the provisions within
  527  that chapter.
  528         47. Chapter 874, relating to criminal gangs.
  529         48. Chapter 893, relating to drug abuse prevention and
  530  control.
  531         49. Chapter 896, relating to offenses related to financial
  532  transactions.
  533         50. Sections 914.22 and 914.23, relating to tampering with
  534  or harassing a witness, victim, or informant, and retaliation
  535  against a witness, victim, or informant.
  536         51. Sections 918.12 and 918.13, relating to tampering with
  537  jurors and evidence.
  538         Section 12. Paragraph (f) is added to subsection (2) of
  539  section 908.104, Florida Statutes, to read:
  540         908.104 Cooperation with federal immigration authorities.—
  541         (2) Except as otherwise expressly prohibited by federal
  542  law, a state entity, local governmental entity, or law
  543  enforcement agency, or an employee, an agent, or a
  544  representative of the entity or agency, may not prohibit or in
  545  any way restrict a law enforcement agency from taking any of the
  546  following actions with respect to information regarding a
  547  person’s immigration status:
  548         (f) Sending the applicable information obtained pursuant to
  549  enforcement of s. 448.095 to a federal immigration agency.
  550         Section 13. Subsection (14) of section 943.03, Florida
  551  Statutes, is amended to read:
  552         943.03 Department of Law Enforcement.—
  553         (14) The department, with respect to counter-terrorism
  554  efforts, responses to acts of terrorism within or affecting this
  555  state, coordinating with and providing assistance to the Federal
  556  Government in the enforcement of federal immigration laws,
  557  responses to immigration enforcement incidents within or
  558  affecting this state, and other matters related to the domestic
  559  security of Florida as it relates to terrorism and immigration
  560  enforcement incidents, shall coordinate and direct the law
  561  enforcement, initial emergency, and other initial responses. The
  562  department shall work closely with the Division of Emergency
  563  Management, other federal, state, and local law enforcement
  564  agencies, fire and rescue agencies, first-responder agencies,
  565  and others involved in preparation against acts of terrorism in
  566  or affecting this state, immigration enforcement incidents
  567  within or affecting this state, and in the response to such acts
  568  or incidents. The executive director of the department, or
  569  another member of the department designated by the director,
  570  shall serve as Chief of Domestic Security for the purpose of
  571  directing and coordinating such efforts. The department and
  572  Chief of Domestic Security shall use the regional domestic
  573  security task forces as established in this chapter to assist in
  574  such efforts.
  575         Section 14. Section 943.03101, Florida Statutes, is amended
  576  to read:
  577         943.03101 Counter-terrorism and immigration enforcement
  578  coordination.—The Legislature finds that with respect to
  579  counter-terrorism efforts, and initial responses to acts of
  580  terrorism within or affecting this state, coordinating with and
  581  providing assistance to the Federal Government in the
  582  enforcement of federal immigration laws, and responses to
  583  immigration enforcement incidents within or affecting this
  584  state, specialized efforts of emergency management which are
  585  unique to such situations are required and that these efforts
  586  intrinsically involve very close coordination of federal, state,
  587  and local law enforcement agencies with the efforts of all
  588  others involved in emergency-response efforts. In order to best
  589  provide this specialized effort, the Legislature has determined
  590  that such efforts should be coordinated by and through the
  591  Department of Law Enforcement, working closely with the Division
  592  of Emergency Management and others involved in preparation
  593  against acts of terrorism in or affecting this state,
  594  immigration enforcement incidents within or affecting this
  595  state, and in the initial response to such acts, in accordance
  596  with the state comprehensive emergency management plan prepared
  597  pursuant to s. 252.35(2)(a).
  598         Section 15. Present subsections (2) through (7) of section
  599  943.0311, Florida Statutes, are redesignated as subsections (3)
  600  through (8), respectively, a new subsection (2) is added to that
  601  section, and subsection (1) and present subsection (3) of that
  602  section are amended, to read:
  603         943.0311 Chief of Domestic Security; duties of the
  604  department with respect to domestic security.—
  605         (1) The executive director of the department, or a member
  606  of the department designated by the executive director, shall
  607  serve as the Chief of Domestic Security. The Chief of Domestic
  608  Security shall:
  609         (a) Coordinate the efforts of the department in the ongoing
  610  assessment of this state’s vulnerability to, and ability to
  611  detect, prevent, prepare for, respond to, and recover from, acts
  612  of terrorism within or affecting this state and immigration
  613  enforcement incidents within or affecting this state.
  614         (b) Prepare recommendations for the Governor, the President
  615  of the Senate, and the Speaker of the House of Representatives,
  616  which are based upon ongoing assessments to limit the
  617  vulnerability of the state to terrorism and immigration
  618  enforcement incidents.
  619         (c) Coordinate the collection of proposals to limit the
  620  vulnerability of the state to terrorism and immigration
  621  enforcement incidents.
  622         (d) Use regional task forces to support the duties of the
  623  department set forth in this section.
  624         (e) Use public or private resources to perform the duties
  625  assigned to the department under this section.
  626         (2)The chief shall regularly coordinate random audits
  627  pursuant to s. 448.095 to ensure compliance and enforcement and
  628  shall notify the Department of Economic Opportunity of any
  629  violations.
  630         (4)(3) The chief shall report to the Governor, the
  631  President of the Senate, and the Speaker of the House of
  632  Representatives by November 1 of each year suggestions for
  633  specific and significant security enhancements of any building,
  634  facility, or structure owned or leased by a state agency, state
  635  university, or community college or any entity that has
  636  conducted an assessment under subsection (6) (5). The chief may
  637  utilize the assessments provided under subsection (6) (5) in
  638  making his or her suggestions. The report shall suggest
  639  strategies to maximize federal funds in support of building or
  640  facility security if such funds are available.
  641         Section 16. Section 943.0312, Florida Statutes, is amended
  642  to read:
  643         943.0312 Regional domestic security task forces.—The
  644  Legislature finds that there is a need to develop and implement
  645  a statewide strategy to address prevention, preparation,
  646  protection, response, and recovery efforts by federal, state,
  647  and local law enforcement agencies, emergency management
  648  agencies, fire and rescue departments, first-responder
  649  personnel, and others in dealing with potential or actual
  650  terrorist acts within or affecting this state and potential or
  651  actual immigration enforcement incidents within or affecting
  652  this state.
  653         (1) To assist the department and the Chief of Domestic
  654  Security in performing their roles and duties in this regard,
  655  the department shall establish a regional domestic security task
  656  force in each of the department’s operational regions. The task
  657  forces shall serve in an advisory capacity to the department and
  658  the Chief of Domestic Security and shall provide support to the
  659  department in its performance of functions pertaining to
  660  domestic security.
  661         (a) Subject to annual appropriation, the department shall
  662  provide dedicated employees to support the function of each
  663  regional domestic security task force.
  664         (b) Each task force shall be co-chaired by the department’s
  665  special agent in charge of the operational region in which the
  666  task force is located and by a local sheriff or chief of police
  667  from within the operational region.
  668         (c) Each task force membership may also include
  669  representatives of state and local law enforcement agencies,
  670  fire and rescue departments, or first-responder personnel;
  671  representatives of emergency management agencies and health,
  672  medical, and hospital agencies; representatives of local
  673  emergency planning committees; and other persons as deemed
  674  appropriate and necessary by the task force co-chairs.
  675         (d) The co-chairs of each task force may appoint
  676  subcommittees and subcommittee chairs as necessary in order to
  677  address issues related to the various disciplines represented on
  678  the task force, except that subcommittee chairs for emergency
  679  management shall be appointed with the approval of the director
  680  of the Division of Emergency Management. A subcommittee chair
  681  shall serve at the pleasure of the co-chairs.
  682         (2) In accordance with the state’s domestic security
  683  strategic goals and objectives, each task force shall coordinate
  684  efforts to counter terrorism, as defined by s. 775.30, and
  685  cooperate with and provide assistance to the Federal Government
  686  in the enforcement of federal immigration laws within or
  687  affecting this state in compliance with chapter 908, among
  688  local, state, and federal resources to ensure that such efforts
  689  are not fragmented or unnecessarily duplicated; coordinate
  690  training for local and state personnel to counter terrorism as
  691  defined in by s. 775.30; and cooperate with and provide
  692  assistance to the Federal Government in the enforcement of
  693  federal immigration laws within or affecting this state in
  694  compliance with chapter 908; coordinate the collection and
  695  dissemination of investigative and intelligence information; and
  696  facilitate responses to terrorist incidents within or affecting
  697  each region and immigration enforcement incidents within or
  698  affecting each region. With the approval of the Chief of
  699  Domestic Security, the task forces may incorporate other
  700  objectives reasonably related to the goals of enhancing the
  701  state’s domestic security and ability to detect, prevent, and
  702  respond to acts of terrorism within or affecting this state or
  703  immigration enforcement incidents within or affecting this
  704  state. Each task force shall take into account the variety of
  705  conditions and resources present within its region.
  706         (3) The Chief of Domestic Security, in conjunction with the
  707  Division of Emergency Management, the regional domestic security
  708  task forces, and the various state entities responsible for
  709  establishing training standards applicable to state law
  710  enforcement officers and fire, emergency, and first-responder
  711  personnel shall identify appropriate equipment and training
  712  needs, curricula, and materials related to the effective
  713  response to suspected or actual acts of terrorism, immigration
  714  enforcement incidents, or incidents involving real or hoax
  715  weapons of mass destruction as defined in s. 790.166.
  716  Recommendations for funding for purchases of equipment, delivery
  717  of training, implementation of, or revision to basic or
  718  continued training required for state licensure or
  719  certification, or other related responses shall be made by the
  720  Chief of Domestic Security to the Domestic Security Oversight
  721  Council, the Executive Office of the Governor, the President of
  722  the Senate, and the Speaker of the House of Representatives as
  723  necessary to ensure that the needs of this state with regard to
  724  the preparing, equipping, training, and exercising of response
  725  personnel are identified and addressed. In making such
  726  recommendations, the Chief of Domestic Security and the Division
  727  of Emergency Management shall identify all funding sources that
  728  may be available to fund such efforts.
  729         (4) Each regional domestic security task force, working in
  730  conjunction with the department, the Office of the Attorney
  731  General, and other public or private entities, shall work to
  732  ensure that hate-driven acts against ethnic groups that may have
  733  been targeted as a result of acts of terrorism in or affecting
  734  this state, or as a result of immigration enforcement incidents
  735  within or affecting this state, are appropriately investigated
  736  and responded to.
  737         (5) Members of each regional domestic security task force
  738  may not receive any pay other than their salaries normally
  739  received from their employers, but are entitled to reimbursement
  740  for per diem and travel expenses in accordance with s. 112.061.
  741         (6) Subject to annual appropriation, the department shall
  742  provide staff and administrative support for the regional
  743  domestic security task forces.
  744         Section 17. Section 943.0313, Florida Statutes, is amended
  745  to read:
  746         943.0313 Domestic Security Oversight Council.—The
  747  Legislature finds that there exists a need to provide executive
  748  direction and leadership with respect to terrorism and
  749  immigration enforcement incident prevention, preparation,
  750  protection, response, and recovery efforts by state and local
  751  agencies in this state. In recognition of this need, the
  752  Domestic Security Oversight Council is hereby created. The
  753  council shall serve as an advisory council pursuant to s.
  754  20.03(7) to provide guidance to the state’s regional domestic
  755  security task forces and other domestic security working groups
  756  and to make recommendations to the Governor and the Legislature
  757  regarding the expenditure of funds and allocation of resources
  758  related to counter-terrorism and cooperating with and providing
  759  assistance to the Federal Government in the enforcement of
  760  federal immigration laws and domestic security efforts.
  761         (1) MEMBERSHIP.—
  762         (a) The Domestic Security Oversight Council shall consist
  763  of the following voting members:
  764         1. The executive director of the Department of Law
  765  Enforcement.
  766         2. The director of the Division of Emergency Management.
  767         3. The Attorney General.
  768         4. The Commissioner of Agriculture.
  769         5. The State Surgeon General.
  770         6. The Commissioner of Education.
  771         7. The State Fire Marshal.
  772         8. The adjutant general of the Florida National Guard.
  773         9. The state chief information officer.
  774         10. Each sheriff or chief of police who serves as a co
  775  chair of a regional domestic security task force pursuant to s.
  776  943.0312(1)(b).
  777         11. Each of the department’s special agents in charge who
  778  serve as a co-chair of a regional domestic security task force.
  779         12. Two representatives of the Florida Fire Chiefs
  780  Association.
  781         13. One representative of the Florida Police Chiefs
  782  Association.
  783         14. One representative of the Florida Prosecuting Attorneys
  784  Association.
  785         15. The chair of the Statewide Domestic Security
  786  Intelligence Committee.
  787         16. One representative of the Florida Hospital Association.
  788         17. One representative of the Emergency Medical Services
  789  Advisory Council.
  790         18. One representative of the Florida Emergency
  791  Preparedness Association.
  792         19. One representative of the Florida Seaport
  793  Transportation and Economic Development Council.
  794         (b) In addition to the members designated in paragraph (a),
  795  the council may invite other ex officio, nonvoting members to
  796  attend and participate in council meetings. Those nonvoting
  797  members may include, but need not be limited to:
  798         1. The executive director of the Department of Highway
  799  Safety and Motor Vehicles.
  800         2. The Secretary of Health Care Administration.
  801         3. The Secretary of Environmental Protection.
  802         4. The director of the Division of Law Enforcement within
  803  the Fish and Wildlife Conservation Commission.
  804         5. A representative of the Commission on Human Relations.
  805         6. A representative of the United States Coast Guard.
  806         7. A United States Attorney from a federal judicial circuit
  807  within this state.
  808         8. A special agent in charge from an office of the Federal
  809  Bureau of Investigation within this state.
  810         9. A representative of the United States Department of
  811  Homeland Security.
  812         10. A representative of United States Immigration and
  813  Customs Enforcement.
  814         11. A representative of United States Customs and Border
  815  Protection.
  816         (2) ORGANIZATION.—
  817         (a) The Legislature finds that the council serves a
  818  legitimate state, county, and municipal purpose and that service
  819  on the council is consistent with a member’s principal service
  820  in public office or employment. Membership on the council does
  821  not disqualify a member from holding any other public office or
  822  being employed by a public entity, except that a member of the
  823  Legislature may not serve on the council.
  824         (b) The executive director of the Department of Law
  825  Enforcement shall serve as chair of the council, and the
  826  director of the Division of Emergency Management shall serve as
  827  vice chair of the council. In the absence of the chair, the vice
  828  chair shall serve as chair. In the absence of the vice chair,
  829  the chair may name any member of the council to perform the
  830  duties of the chair if such substitution does not extend beyond
  831  a defined meeting, duty, or period of time.
  832         (c) Any absent voting member of the council may be
  833  represented by a designee empowered to act on any issue before
  834  the council to the same extent that the designating member is
  835  empowered. If a co-chair of a regional domestic security task
  836  force is absent from a council meeting, the co-chair shall
  837  appoint a subcommittee chair of that task force as the designee.
  838         (d) The council shall establish bylaws for its general
  839  governance.
  840         (e) Any member of the council serving by reason of the
  841  office or employment held by the member shall cease to serve on
  842  the council at such time as he or she ceases to hold the office
  843  or employment which was the basis for appointment to the
  844  council.
  845         (f) Representatives from agencies or organizations other
  846  than those designated by title shall be chosen by the entity.
  847  Except for those individuals designated by title, council
  848  members shall be certified annually to the chair by the
  849  organization they represent.
  850         (g) Members of the council or their designees shall serve
  851  without compensation but are entitled to reimbursement for per
  852  diem and travel expenses pursuant to s. 112.061.
  853         (h) The department shall provide the council with the staff
  854  support necessary to assist in the performance of its duties.
  855         (3) MEETINGS.—The council must meet at least semiannually.
  856  Additional meetings may be held as necessary. A majority of the
  857  members of the council constitutes a quorum.
  858         (4) EXECUTIVE COMMITTEE.—
  859         (a) The council shall establish an executive committee
  860  consisting of the following members:
  861         1. The executive director of the Department of Law
  862  Enforcement.
  863         2. The director of the Division of Emergency Management.
  864         3. The Attorney General.
  865         4. The Commissioner of Agriculture.
  866         5. The State Surgeon General.
  867         6. The Commissioner of Education.
  868         7. The State Fire Marshal.
  869         (b) The executive director of the Department of Law
  870  Enforcement shall serve as the chair of the executive committee,
  871  and the director of the Division of Emergency Management shall
  872  serve as the vice chair of the executive committee.
  873         (c) The executive committee shall approve all matters
  874  brought before the council prior to consideration. When
  875  expedited action of the council is deemed necessary by the chair
  876  or vice chair, the executive committee may act on behalf of the
  877  council.
  878         (5) DUTIES OF THE COUNCIL.—
  879         (a) The Domestic Security Oversight Council shall serve as
  880  an advisory council to the Governor, the Legislature, and the
  881  Chief of Domestic Security. The council shall:
  882         1. Review the development, maintenance, and operation of a
  883  comprehensive multidisciplinary domestic security strategy that
  884  will guide the state’s prevention, preparedness, protection,
  885  response, and recovery efforts against terrorist attacks and
  886  immigration enforcement incidents and make appropriate
  887  recommendations to ensure the implementation of that strategy.
  888         2. Review the development of integrated funding plans to
  889  support specific projects, goals, and objectives necessary to
  890  the state’s domestic security strategy and make appropriate
  891  recommendations to implement those plans.
  892         3. Review and recommend approval of prioritized
  893  recommendations from regional domestic security task forces and
  894  state working groups on the use of available funding to ensure
  895  the use of such funds in a manner that best promotes the goals
  896  of statewide, regional, and local domestic security through
  897  coordinated planning and implementation strategies.
  898         4. Review and recommend approval of statewide policies and
  899  operational protocols that support the domestic security efforts
  900  of the regional domestic security task forces and state
  901  agencies.
  902         5. Review the overall statewide effectiveness of domestic
  903  security efforts, and counter-terrorism efforts, and efforts of
  904  coordinating with and providing assistance to the Federal
  905  Government in the enforcement of federal immigration laws in
  906  order to provide suggestions to improve or enhance those
  907  efforts.
  908         6. Review the efforts of any agency or entity involved in
  909  state or local domestic security efforts, and counter-terrorism
  910  efforts, and efforts of coordination with and providing
  911  assistance to the Federal Government in the enforcement of
  912  federal immigration laws that requests assistance or that
  913  appears to need such review in order to provide suggestions to
  914  improve or enhance those efforts.
  915         7. Review efforts within the state to better secure state
  916  and local infrastructure against terrorist attack or immigration
  917  enforcement incidents and make recommendations to enhance the
  918  effectiveness of such efforts.
  919         8. Review and recommend legislative initiatives related to
  920  the state’s domestic security and provide endorsement or
  921  recommendations to enhance the effectiveness of such efforts.
  922         9. Review statewide or multiagency mobilizations and
  923  responses to major domestic security incidents and recommend
  924  suggestions for training, improvement of response efforts, or
  925  improvement of coordination or for other strategies that may be
  926  derived as necessary from such reviews.
  927         10. Conduct any additional review or inquiry or make
  928  recommendations to the Governor and Legislature in support of
  929  other initiatives, as may be necessary, to fulfill the function
  930  of general oversight of the state’s domestic security efforts,
  931  and counter-terrorism efforts, and efforts of coordinating with
  932  and providing assistance to the Federal Government in the
  933  enforcement of federal immigration laws and to promote increased
  934  security.
  935         11. Promote and preserve intergovernmental cooperation and
  936  consensus among state and local agencies, the Federal
  937  Government, private entities, other states, and other nations,
  938  as appropriate, under the guidance of the Governor.
  939         (b) The Domestic Security Oversight Council shall make an
  940  annual funding recommendation to the Governor and Legislature
  941  which shall prioritize funding requests based on allocations
  942  from all available sources for implementing the state’s domestic
  943  security strategy. This recommendation must include the
  944  prioritized recommendations of each of the regional domestic
  945  security task forces and the various working groups that
  946  participate in the prioritization process for funding
  947  allocations. The recommendation must reflect the consideration
  948  of strategic priorities and allocations that best serve the
  949  state’s overall domestic security needs. The recommendation
  950  shall be transmitted to the Governor and the Legislature by
  951  December 31 of each year. If additional funds become available,
  952  or reallocation of funding is required beyond current spending
  953  authorizations, the council may make recommendations to the
  954  Governor for consideration by the Legislative Budget Commission.
  955         (6) REPORTS.—The council shall report annually on its
  956  activities, on or before December 31 of each calendar year, to
  957  the Governor, the President of the Senate, the Speaker of the
  958  House of Representatives, and the chairs of the committees
  959  having principal jurisdiction over domestic security in the
  960  Senate and the House of Representatives.
  961         (7) AGENCY DESIGNATION.—For purposes of this section, the
  962  Domestic Security Oversight Council shall be considered a
  963  criminal justice agency within the definition of s. 119.011(4).
  964         Section 18. Paragraph (g) of subsection (2) and paragraph
  965  (a) of subsection (3) of section 943.325, Florida Statutes, are
  966  amended, and paragraph (f) is added to subsection (7) of that
  967  section, to read:
  968         943.325 DNA database.—
  969         (2) DEFINITIONS.—As used in this section, the term:
  970         (g) “Qualifying offender” means any person, including
  971  juveniles and adults, who is:
  972         1.a. Committed to a county jail;
  973         b. Committed to or under the supervision of the Department
  974  of Corrections, including persons incarcerated in a private
  975  correctional institution operated under contract pursuant to s.
  976  944.105;
  977         c. Committed to or under the supervision of the Department
  978  of Juvenile Justice;
  979         d. Transferred to this state under the Interstate Compact
  980  on Juveniles, part XIII of chapter 985; or
  981         e. Accepted under Article IV of the Interstate Corrections
  982  Compact, part III of chapter 941; and who is:
  983         2.a. Convicted of any felony offense or attempted felony
  984  offense in this state or of a similar offense in another
  985  jurisdiction;
  986         b. Convicted of a misdemeanor violation of s. 784.048, s.
  987  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
  988  offense that was found, pursuant to s. 874.04, to have been
  989  committed for the purpose of benefiting, promoting, or
  990  furthering the interests of a criminal gang as defined in s.
  991  874.03; or
  992         c. Arrested for any felony offense or attempted felony
  993  offense in this state; or
  994         d. In the custody of a law enforcement agency and is
  995  subject to an immigration detainer issued by a federal
  996  immigration agency.
  997         (3) COLLECTION OF SAMPLES.—
  998         (a) Each qualifying offender shall submit a DNA sample at
  999  the time he or she is booked into a jail, correctional facility,
 1000  or juvenile facility. A person who becomes a qualifying offender
 1001  solely because of the issuance of an immigration detainer by a
 1002  federal immigration agency must submit a DNA sample when the law
 1003  enforcement agency having custody of the offender receives the
 1004  detainer.
 1005         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
 1006         (f) A law enforcement agency having custody of a person who
 1007  becomes a qualifying offender solely because of the issuance of
 1008  an immigration detainer by a federal immigration agency shall
 1009  ensure that a DNA sample is taken from the offender immediately
 1010  after the agency receives the detainer and shall secure and
 1011  transmit the sample to the department in a timely manner.
 1012         Section 19. Paragraph (m) of subsection (3) of section
 1013  394.9082, Florida Statutes, is amended to read:
 1014         394.9082 Behavioral health managing entities.—
 1015         (3) DEPARTMENT DUTIES.—The department shall:
 1016         (m) Collect and publish, and update annually, all of the
 1017  following information on its website for each managing entity:
 1018         1. All compensation earned or awarded, whether paid or
 1019  accrued, regardless of contingency, by position, for any
 1020  employee, and any other person compensated through a contract
 1021  for services whose services include those commonly associated
 1022  with a chief executive, chief administrator, or other chief
 1023  officer of a business or corporation, who receives compensation
 1024  from state-appropriated funds in excess of 150 percent of the
 1025  annual salary paid to the secretary of the department. For
 1026  purposes of this paragraph, the term “employee” means a person
 1027  filling an authorized and established position who performs
 1028  labor or services for a public or private employer in exchange
 1029  for salary, wages, or other remuneration has the same meaning as
 1030  in s. 448.095(1).
 1031         2. The most recent 3 years of the Return of Organization
 1032  Exempt from Income Tax, Internal Revenue Service Form 990 and
 1033  related documents filed with the Internal Revenue Service,
 1034  auditor reports, and annual reports for each managing entity or
 1035  affiliated entity.
 1036         Section 20. Paragraph (a) of subsection (4) of section
 1037  409.996, Florida Statutes, is amended to read:
 1038         409.996 Duties of the Department of Children and Families.
 1039  The department shall contract for the delivery, administration,
 1040  or management of care for children in the child protection and
 1041  child welfare system. In doing so, the department retains
 1042  responsibility for the quality of contracted services and
 1043  programs and shall ensure that, at a minimum, services are
 1044  delivered in accordance with applicable federal and state
 1045  statutes and regulations and the performance standards and
 1046  metrics specified in the strategic plan created under s.
 1047  20.19(1).
 1048         (4)(a) The department shall collect and publish on its
 1049  website, and annually update, all of the following information
 1050  for each lead agency under contract with the department:
 1051         1. All compensation earned or awarded, whether paid or
 1052  accrued, regardless of contingency, by position, for any
 1053  employee, and any other person who is compensated through a
 1054  contract for services whose services include those commonly
 1055  associated with a chief executive, chief administrator, or other
 1056  chief officer of a business or corporation, who receives
 1057  compensation from state-appropriated funds in excess of 150
 1058  percent of the annual salary paid to the secretary of the
 1059  department. For purposes of this paragraph, the term “employee”
 1060  means a person filling an authorized and established position
 1061  who performs labor or services for a public or private employer
 1062  in exchange for salary, wages, or other remuneration has the
 1063  same meaning as in s. 448.095.
 1064         2. All findings of the review under subsection (3).
 1065         Section 21. For the 2023-2024 fiscal year, the nonrecurring
 1066  sum of $12 million from the General Revenue Fund is appropriated
 1067  to the Division of Emergency Management within the Executive
 1068  Office of the Governor for the Unauthorized Alien Transport
 1069  Program.
 1070         Section 22. Except as otherwise expressly provided in this
 1071  act and except for this section, which shall take effect upon
 1072  this act becoming a law, this act shall take effect July 1,
 1073  2023.
 1074  
 1075  ================= T I T L E  A M E N D M E N T ================
 1076  And the title is amended as follows:
 1077         Delete everything before the enacting clause
 1078  and insert:
 1079                        A bill to be entitled                      
 1080         An act relating to immigration; creating ss. 125.0156
 1081         and 166.246, F.S.; prohibiting counties and
 1082         municipalities, respectively, from providing funds to
 1083         any person, entity, or organization to issue
 1084         identification documents to an individual who does not
 1085         provide proof of lawful presence in the United States;
 1086         creating s. 322.033, F.S.; specifying that certain
 1087         driver licenses and permits issued by other states
 1088         exclusively to unauthorized immigrants are not valid
 1089         in this state; requiring law enforcement officers and
 1090         authorized representatives of the Department of
 1091         Highway Safety and Motor Vehicles to cite a person
 1092         driving with a specified invalid license; requiring
 1093         the department to maintain a list on its website of
 1094         out-of-state classes of driver licenses that are
 1095         invalid in this state; amending s. 322.04, F.S.;
 1096         revising the circumstances under which certain persons
 1097         are exempt from obtaining a driver license; creating
 1098         s. 395.3027, F.S.; requiring certain hospitals to
 1099         collect patient immigration status data information on
 1100         admission or registration forms; requiring hospitals
 1101         to submit quarterly reports to the Agency for Health
 1102         Care Administration containing specified information;
 1103         requiring the agency to submit an annual report to the
 1104         Governor and the Legislature containing specified
 1105         information; authorizing the agency to adopt rules;
 1106         prohibiting rules requiring the disclosure of certain
 1107         information; amending s. 448.09, F.S.; requiring the
 1108         Department of Economic Opportunity to enter a certain
 1109         order and require repayment of certain economic
 1110         development incentives if the department finds or is
 1111         notified that an employer has knowingly employed an
 1112         unauthorized alien without verifying the employment
 1113         eligibility of such person; deleting provisions
 1114         relating to a first violation of specified provisions;
 1115         providing penalties, including a probationary period
 1116         and suspension and revocation of all licenses of
 1117         employers; deleting criminal penalties for second and
 1118         subsequent violations of specified provisions;
 1119         deleting a provision providing construction; providing
 1120         criminal penalties for certain aliens who knowingly
 1121         use false identification documents or who fraudulently
 1122         use identification documents of another person for the
 1123         purpose of obtaining employment; making technical
 1124         changes; amending s. 448.095, F.S.; revising
 1125         definitions; requiring an employer to verify a new
 1126         employee’s employment eligibility within 3 business
 1127         days after the first day the new employee begins
 1128         working for pay; requiring public agencies to use the
 1129         E-Verify system to verify a new employee’s employment
 1130         eligibility; requiring private employers with a
 1131         certain number of employees to use the E-Verify system
 1132         to verify a new employee’s employment eligibility,
 1133         beginning on a certain date; requiring employers to
 1134         certify use of the E-Verify system on unemployment
 1135         compensation or reemployment assistance system
 1136         returns; requiring employers to use a certain form if
 1137         the E-Verify system is unavailable; requiring
 1138         employers to retain specified documentation for a
 1139         certain number of years; prohibiting an employer from
 1140         continuing to employ an unauthorized alien after
 1141         obtaining knowledge that a person is or has become an
 1142         unauthorized alien; providing an exception;
 1143         authorizing specified persons or entities to request,
 1144         and requiring an employer to provide, copies of
 1145         specified documentation; creating a certain rebuttable
 1146         presumption that the employer has not violated
 1147         specified provisions with respect to the employment of
 1148         an unauthorized alien; establishing an affirmative
 1149         defense to an allegation that the employer has not
 1150         violated specified provisions with respect to the
 1151         employment of an unauthorized alien; requiring a
 1152         public agency to require in any contract that a
 1153         contractor or subcontractor register with and use the
 1154         E-Verify system; prohibiting a public agency,
 1155         contractor, or subcontractor from entering into a
 1156         contract unless each party to the contract registers
 1157         with and uses the E-Verify system; requiring the
 1158         termination of certain contracts under specified
 1159         conditions; authorizing a public agency, contractor,
 1160         or subcontractor to file a cause of action to
 1161         challenge a termination; specifying required
 1162         departmental action to ensure compliance with
 1163         specified provisions; requiring the department to
 1164         impose fines against employers under certain
 1165         circumstances; providing for the deposit of such
 1166         fines; providing construction; conforming provisions
 1167         to changes made by the act; amending s. 454.021, F.S.;
 1168         deleting a provision authorizing an unauthorized
 1169         immigrant to obtain a license to practice law in this
 1170         state under certain circumstances; providing
 1171         applicability; amending s. 787.07, F.S.; providing
 1172         criminal penalties for persons who knowingly and
 1173         willfully violate, or who reasonably should know and
 1174         violate, certain provisions relating to the
 1175         transporting into this state of individuals who
 1176         entered the United States unlawfully and without
 1177         inspection by the Federal Government; providing
 1178         criminal penalties for persons who transport minors
 1179         into this state in violation of certain provisions;
 1180         providing for enhanced criminal penalties; defining
 1181         the term “conviction”; providing circumstances that
 1182         give rise to a certain inference; requiring that
 1183         persons who violate certain provisions be held in
 1184         custody; making technical changes; amending s. 895.02,
 1185         F.S.; revising the definition of the term
 1186         “racketeering activity”; amending s. 908.104, F.S.;
 1187         specifying that a state entity, local governmental
 1188         entity, or law enforcement agency, or an employee, an
 1189         agent, or a representative of the entity or agency,
 1190         may not prohibit or in any way restrict a law
 1191         enforcement agency from sending the applicable
 1192         information obtained pursuant to certain provisions to
 1193         a federal immigration agency; amending s. 943.03,
 1194         F.S.; requiring the Department of Law Enforcement to
 1195         coordinate and direct the law enforcement, initial
 1196         emergency, and other initial responses in matters
 1197         dealing with the Federal Government in federal
 1198         immigration law enforcement and responses to
 1199         immigration enforcement incidents within or affecting
 1200         this state; amending s. 943.03101, F.S.; revising
 1201         legislative findings and determinations; amending s.
 1202         943.0311, F.S.; revising the required duties of the
 1203         Chief of Domestic Security; requiring the chief to
 1204         regularly coordinate random audits pursuant to
 1205         specified provisions and notify the Department of
 1206         Economic Opportunity of any violations; amending s.
 1207         943.0312, F.S.; revising legislative findings;
 1208         requiring that each task force cooperate with and
 1209         provide assistance to the Federal Government in the
 1210         enforcement of federal immigration laws within or
 1211         affecting this state in compliance with specified
 1212         provisions, in accordance with the state’s domestic
 1213         security strategic goals and objectives; requiring the
 1214         Chief of Domestic Security to, in conjunction with
 1215         specified entities, identify appropriate equipment and
 1216         training needs, curricula, and materials related to
 1217         the effective response to immigration enforcement
 1218         incidents; requiring that each regional domestic
 1219         security task force, working in conjunction with
 1220         specified entities, work to ensure that hate-driven
 1221         acts against ethnic groups that may have been targeted
 1222         as a result of immigration enforcement incidents
 1223         within or affecting this state are appropriately
 1224         investigated and responded to; amending s. 943.0313,
 1225         F.S.; revising legislative findings; requiring the
 1226         Domestic Security Oversight Council to make
 1227         recommendations to the Governor and the Legislature
 1228         regarding the expenditure of funds and allocation of
 1229         resources related to cooperating with and providing
 1230         assistance to the Federal Government in the
 1231         enforcement of federal immigration laws; expanding the
 1232         list of persons whom the council may invite to attend
 1233         and participate in its meetings as ex officio,
 1234         nonvoting members; revising the duties of the council;
 1235         amending s. 943.325, F.S.; revising the definition of
 1236         the term “qualifying offender” to include certain
 1237         persons who are the subject of an immigration detainer
 1238         issued by a federal immigration agency; requiring
 1239         certain qualifying offenders to submit DNA samples at
 1240         a specified time; requiring law enforcement agencies
 1241         to immediately take DNA samples from certain
 1242         qualifying offenders under certain circumstances;
 1243         amending ss. 394.9082 and 409.996, F.S.; conforming
 1244         provisions to changes made by the act; providing an
 1245         appropriation; providing effective dates.