House Bill hb0897

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    Florida House of Representatives - 2002                 HB 897

        By Representative Harrington






  1                      A bill to be entitled

  2         An act relating to public contracts; creating

  3         s. 287.1335, F.S.; providing definitions;

  4         defining the term "unauthorized alien" to mean

  5         an alien who is not lawfully admitted for

  6         permanent residence in the United States or

  7         authorized to be employed in the United States;

  8         prohibiting an unauthorized alien, or an entity

  9         under the control of an unauthorized alien,

10         from bidding on or performing work under a

11         contract for a state agency or political

12         subdivision of the state; prohibiting a state

13         agency or political subdivision of the state

14         from accepting a bid from, awarding a contract

15         to, or transacting business with an

16         unauthorized alien or an affiliate of an

17         unauthorized alien; requiring that notice of

18         such prohibitions be included in certain

19         invitations to bid, requests for proposals, and

20         contract documents; providing an effective

21         date.

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Section 287.1335, Florida Statutes, is

26  created to read:

27         287.1335  Unauthorized aliens prohibited from

28  transacting business with public entities.--

29         (1)  As used in this section, the term:

30         (a)  "Affiliate" means:

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    Florida House of Representatives - 2002                 HB 897

    581-170-02






  1         1.  A predecessor or successor of a person who is an

  2  unauthorized alien; or

  3         2.  An entity under the control of any natural person

  4  who is an unauthorized alien and who is active in the

  5  management of the entity. The term includes those officers,

  6  directors, executives, partners, shareholders, employees,

  7  members, and agents who are unauthorized aliens and who are

  8  active in the management of an affiliate. The ownership by an

  9  unauthorized alien of shares constituting a controlling

10  interest in another person, or a pooling of equipment or

11  income among persons when not for fair market value under an

12  arm's length agreement, is prima facie evidence that one

13  person controls another person. A person who knowingly entered

14  into a joint venture with an unauthorized alien during the

15  preceding 36 months is an affiliate.

16         (b)  "Unauthorized alien" means, with respect to

17  employment, that an alien is not:

18         1.  Lawfully admitted for permanent residence in the

19  United States; or

20         2.  Authorized to be employed under the Immigration and

21  Naturalization Act or by the Attorney General of the United

22  States.

23         (c)  "Person" means any natural person or entity that

24  is organized under the laws of any state or of the United

25  States, that has the legal power to enter into a binding

26  contract, and that bids or applies to bid on a contract let by

27  a public entity or which otherwise transacts or applies to

28  transact business with a public entity. The term includes the

29  officers, directors, executives, partners, shareholders,

30  employees, members, and agents who are active in the

31  management of an entity.

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    Florida House of Representatives - 2002                 HB 897

    581-170-02






  1         (d)  "Public entity" means the State of Florida, any of

  2  its departments or agencies, or a political subdivision of the

  3  state.

  4         (2)(a)  A person or affiliate who is an unauthorized

  5  alien may not submit a bid on a contract to provide goods or

  6  services to a public entity; may not submit a bid on a

  7  contract with a public entity for the construction or repair

  8  of a public building or public work; may not submit a bid on

  9  the lease of real property to a public entity; and may not be

10  awarded or perform work as a contractor, supplier,

11  subcontractor, or consultant under a contract with any public

12  entity.

13         (b)  A public entity may not accept a bid from, award a

14  contract to, or transact business with a person who is an

15  unauthorized alien or the affiliate of an unauthorized alien.

16         (3)  An invitation to bid as defined by s. 337.11 or s.

17  287.012(11), a request for proposals as defined by s.

18  287.012(15), and any contract document described by s. 287.058

19  must contain a statement informing persons of the provisions

20  of paragraph (2)(a).

21         Section 2.  This act shall take effect July 1, 2002.

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    Florida House of Representatives - 2002                 HB 897

    581-170-02






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  2                          SENATE SUMMARY

  3    Prohibits an alien who is not lawfully admitted for
      permanent residence in the United States or authorized to
  4    be employed in the United States, or an entity under the
      control of such an alien, from bidding on or performing
  5    work under a contract for a state agency or political
      subdivision of the state. Prohibits a state agency or
  6    political subdivision of the state from accepting a bid
      from, awarding a contract to, or transacting business
  7    with an alien, or entity under the control of an alien,
      who is not authorized to be employed in the United
  8    States. Requires that notice of such prohibitions be
      included in certain invitations to bid, requests for
  9    proposals, and contract documents used by state agencies
      and political subdivisions of the state. (See bill for
10    details.)

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