Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 664
       
       
       
       
       
       
                                Ì1105763Î110576                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2020           .                                
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       The Committee on Commerce and Tourism (Lee) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 39 - 182
    4  and insert:
    5         287.137 Verification of work authorization status; public
    6  employers.—
    7         (1) As used in this section, the term:
    8         (a) “Contractor” means a person or an entity that has more
    9  than 10 employees in this state and has entered into, or is
   10  attempting to enter into, a contract with a public employer to
   11  provide labor, supplies, or services to such employer.
   12         (b) “Employee” has the same meaning as provided in s.
   13  448.093.
   14         (c) “Employment verification system” has the same meaning
   15  as provided in s. 448.093.
   16         (d) “Public employer” means a department, an agency, or a
   17  political subdivision of this state which enters into, or
   18  attempts to enter into, a contract with a contractor for an
   19  amount that will, or is expected to, exceed the CATEGORY TWO
   20  threshold amount provided in s. 287.017.
   21         (e) “Subcontractor” means a person or an entity that has
   22  more than 10 employees in this state and provides labor,
   23  supplies, or services to or for a contractor or another
   24  subcontractor pursuant to a contract that will, or is expected
   25  to, exceed the CATEGORY TWO threshold amount provided in s.
   26  287.017.
   27         (f) “Unauthorized alien” means a person who is not
   28  authorized under federal law to be employed in the United
   29  States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall
   30  be interpreted consistently with that section and any applicable
   31  federal rules or regulations.
   32         (2) On or after July 1, 2021:
   33         (a) Every public employer, contractor, and subcontractor
   34  shall register with and use an employment verification system to
   35  verify the work authorization status of all new employees and
   36  identify whether an employee is an unauthorized alien.
   37         (b) A public employer or a contractor or subcontractor in
   38  this state may not enter into a contract under this section
   39  unless each party to the contract registers with and uses an
   40  employment verification system.
   41         Section 2. Section 448.093, Florida Statutes, is created to
   42  read:
   43         448.093 Definitions; use of employment verification system
   44  required for private employers; business licensing enforcement.—
   45         (1) DEFINITIONS.—As used in this section, the term:
   46         (a) “Agency” means an agency, a department, a board, or a
   47  commission of this state or a county, or municipality issuing a
   48  license to operate a business in this state.
   49         (b) “Department” means the Department of Economic
   50  Opportunity.
   51         (c) “Employee” means an individual whose work is performed
   52  under the direction and supervision of the employer and whose
   53  employer withholds tax pursuant to the Federal Insurance
   54  Contributions Act (FICA) or federal income tax from the
   55  individual’s compensation, or whose employer issues an Internal
   56  Revenue Service W-2 form, but not an Internal Revenue Service
   57  Form 1099, to an individual for purposes of documenting
   58  compensation. The term does not include a licensed independent
   59  contractor as defined in federal laws or regulations.
   60         (d) “Employer” means a person or an entity in this state
   61  which employs an employee. The term does not include:
   62         1. A government employer.
   63         2. The occupant or owner of a private residence who hires:
   64         a. Casual labor, as defined in s. 443.036, to be performed
   65  entirely within the private residence; or
   66         b. A licensed independent contractor, as defined in federal
   67  laws or regulations, to perform a specified portion of labor or
   68  services.
   69  
   70         3. An employee leasing company licensed pursuant to part XI
   71  of chapter 468 which enters into a written agreement or
   72  understanding with a client company which places the primary
   73  obligation for compliance with this section upon the client
   74  company. In the absence of a written agreement or understanding,
   75  the term includes an employee leasing company.
   76         (e) “Employment verification system” means:
   77         1. An Internet-based system operated by the United States
   78  Department of Homeland Security which allows participating
   79  employers to electronically verify the employment eligibility of
   80  newly hired employees; or
   81         2. A substantially equivalent electronic employment
   82  verification system that is permissible under department rule.
   83         (f) “Knowingly employ an unauthorized alien” has the same
   84  meaning as in 8 U.S.C. s. 1324a. The term shall be interpreted
   85  consistently with 8 U.S.C. s. 1324a and any applicable federal
   86  rules or regulations.
   87         (g) “License” means a franchise, a permit, a certificate,
   88  an approval, a registration, a charter, or any similar form of
   89  authorization required by state law and issued by an agency for
   90  the purpose of operating a business in this state. The term
   91  includes, but is not limited to:
   92         1. An article of incorporation.
   93         2. A certificate of partnership, a partnership
   94  registration, or an article of organization.
   95         3. A grant of authority issued pursuant to state or federal
   96  law.
   97         4. A transaction privilege tax license.
   98         (h) “Unauthorized alien” means a person who is not
   99  authorized under federal law to be employed in the United
  100  States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall
  101  be interpreted consistently with that section and any applicable
  102  federal rules or regulations.
  103         (2) VERIFICATION OF EMPLOYMENT ELIGIBILITY; FINE FOR
  104  VIOLATION; SUSPENSION OF BUSINESS LICENSE.—
  105         (a) An employer shall, after making an offer of employment
  106  which has been accepted by an individual, use an employment
  107  verification system to verify such individual's employment
  108  eligibility. Verification must occur within the period
  109  stipulated by applicable federal rules or regulations. However,
  110  an employer is not required to verify the employment eligibility
  111  of a continuing employee hired before the date of the employer’s
  112  registration with an employment verification system.
  113         (b) The requirement to use an employment verification
  114  system shall be phased in as follows:
  115         1. Employers having at least 500 employees in this state
  116  must use an employment verification system beginning January 1,
  117  2021.
  118         2. Employers having at least 250 employees in this state
  119  must use an employment verification system beginning July 1,
  120  2021.
  121         3. Employers having at least 150 employees in this state
  122  must use an employment verification system beginning January 1,
  123  2022.
  124         4. Employers having more than 10 employees in this state
  125  must use an employment verification system 90 days after the
  126  effective date of any federal law, rule, regulation, or program
  127  that authorizes this state to issue a work permit, whether
  128  temporary or permanent, to a qualifying undocumented alien.
  129         (c) If an employer does not register with an employment
  130  verification system, the department may impose a fine of up to
  131  $500 on the employer, who must then register with an employment
  132  verification system and provide an affidavit of stating such
  133  fact to the department within 30 days. If the employer does not
  134  register with and provide the required affidavit within 30 days
  135  after the imposition of the fine becomes final, the department
  136  must order the appropriate agency to suspend all applicable
  137  licenses held by the employer until the employer registers with
  138  an employment verification system and provides the department
  139  with the required affidavit.