| 1 | A bill to be entitled |
| 2 | An act relating to unauthorized employment; amending s. |
| 3 | 193.461, F.S.; requiring denial of agricultural |
| 4 | classification and assessment for specified time periods |
| 5 | under circumstances involving employment of unauthorized |
| 6 | aliens; requiring alternative assessment for specified |
| 7 | time; amending s. 448.09, F.S.; providing an additional |
| 8 | civil penalty for employment of unauthorized aliens; |
| 9 | amending s. 570.07, F.S.; requiring the dissemination of |
| 10 | information concerning compliance with federal work |
| 11 | authorization programs; providing a definition; creating |
| 12 | s. 559.7915, F.S.; requiring information demonstrating |
| 13 | compliance with federal work authorization program as |
| 14 | condition of licensure, certification, or registration; |
| 15 | providing a definition; prohibiting unauthorized |
| 16 | employment; establishing grounds for disciplinary action |
| 17 | by the Department of Business and Professional Regulation; |
| 18 | providing penalties; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (8) is added to section 193.461, |
| 23 | Florida Statutes, to read: |
| 24 | 193.461 Agricultural lands; classification and assessment; |
| 25 | mandated eradication or quarantine program; unauthorized |
| 26 | employment prohibited; penalties.-- |
| 27 | (8)(a) No lands shall be classified as agricultural lands |
| 28 | for the length of time specified in paragraph (b) if the |
| 29 | landowner has been determined to have violated any provision of |
| 30 | the federal immigration law by knowingly hiring, recruiting, or |
| 31 | referring either for herself or himself or on behalf of another, |
| 32 | for private or public employment within the state, whether |
| 33 | through direct employment or through a contractor or |
| 34 | subcontractor, a person who is not duly authorized to work by |
| 35 | the federal immigration laws or the Attorney General of the |
| 36 | United States. |
| 37 | (b) When the appraiser determines that the landowner |
| 38 | applying under this section meets the conditions specified in |
| 39 | paragraph (a), the appraiser shall deny application for |
| 40 | classification assessment as agricultural property by the |
| 41 | landowner for the lengths of time for conditions as follows: |
| 42 | 1. A minimum period of 2 years for a violation involving |
| 43 | the employment of five or fewer persons who are not duly |
| 44 | authorized to work by the federal immigration laws or the |
| 45 | Attorney General of the United States. |
| 46 | 2. A period of 5 years for a violation involving the |
| 47 | employment of six to 10 persons who are not duly authorized to |
| 48 | work by the federal immigration laws or the Attorney General of |
| 49 | the United States. |
| 50 | 3. A period of 10 years for a violation involving the |
| 51 | unauthorized employment of more than 10 persons who are not duly |
| 52 | authorized to work by the federal immigration laws or the |
| 53 | Attorney General of the United States. |
| 54 | (c) For the years the land is not assessed as agricultural |
| 55 | pursuant to this section, it shall be assessed under s. 193.011. |
| 56 | Section 2. Subsection (4) is added to section 448.09, |
| 57 | Florida Statutes, to read: |
| 58 | 448.09 Unauthorized aliens; employment prohibited.-- |
| 59 | (4) In addition to any penalty specified in s. 193.461(8), |
| 60 | a landowner shall also be subject to a civil fine of $25,000 for |
| 61 | the employment of each person who is not duly authorized to work |
| 62 | by the federal immigration laws or the Attorney General of the |
| 63 | United States. |
| 64 | Section 3. Subsection (42) is added to section 570.07, |
| 65 | Florida Statutes, to read: |
| 66 | 570.07 Department of Agriculture and Consumer Services; |
| 67 | functions, powers, and duties.--The department shall have and |
| 68 | exercise the following functions, powers, and duties: |
| 69 | (42) To provide information for dissemination to all |
| 70 | persons who are served by or regulated by the department in its |
| 71 | various agricultural capacities in order to foster and encourage |
| 72 | compliance with federal work authorization programs. This |
| 73 | information shall include the need for compliance both as it |
| 74 | relates to those directly employed by those persons and as it |
| 75 | relates to those employed by contractors and subcontractors. For |
| 76 | the purposes of this subsection, "federal work authorization |
| 77 | program" means any program operated by the United States |
| 78 | Department of Homeland Security that provides electronic |
| 79 | verification of work authorization issued by the United States |
| 80 | Bureau of Citizenship and Immigration Services or any equivalent |
| 81 | federal work authorization program operated by the United States |
| 82 | Department of Homeland Security that provides for the |
| 83 | verification of information regarding newly hired employees |
| 84 | under the Immigration Reform and Control Act of 1986, Pub. L. |
| 85 | No. 99-603. |
| 86 | Section 4. Section 559.7915, Florida Statutes, is created |
| 87 | to read: |
| 88 | 559.7915 Compliance with federal work authorization |
| 89 | program; information required for licensure, certification, or |
| 90 | registration; unauthorized employment prohibited; penalties.-- |
| 91 | (1)(a) As a condition of licensure, certification, or |
| 92 | registration or renewal of a license, certification, or |
| 93 | registration under part III of chapter 450, part I of chapter |
| 94 | 489, part I of chapter 509, or under chapter 563, chapter 564, |
| 95 | or chapter 565, if that person is also applying for or possesses |
| 96 | a license under part I of chapter 509, a person applying for a |
| 97 | license, certification, or registration shall ensure compliance |
| 98 | with a federal work authorization program regarding all |
| 99 | employees and shall ensure that any contractors and |
| 100 | subcontractors providing services to the applicant register and |
| 101 | participate in a federal work authorization program. Proof of |
| 102 | compliance shall be by certification by the applicant for all |
| 103 | employees and by certification to the applicant by any |
| 104 | contractor or subcontractor that the contractor or subcontractor |
| 105 | is in compliance. |
| 106 | (b) For the purpose of this subsection, "federal work |
| 107 | authorization program" means any program operated by the United |
| 108 | States Department of Homeland Security that provides electronic |
| 109 | verification of work authorization issued by the United States |
| 110 | Bureau of Citizenship and Immigration Services or any equivalent |
| 111 | federal work authorization program operated by the United States |
| 112 | Department of Homeland Security that provides for the |
| 113 | verification of information regarding newly hired employees |
| 114 | under the Immigration Reform and Control Act of 1986, Pub. L. |
| 115 | No. 99-603. |
| 116 | (2) A person applying for a license, certification, or |
| 117 | registration or for renewal of a license, certification, or |
| 118 | registration, or a person possessing a license, certification or |
| 119 | registration under the provisions of law cited in subsection (1) |
| 120 | who has been determined to have violated any provision of the |
| 121 | federal immigration law by knowingly hiring, recruiting, or |
| 122 | referring either for herself or himself or on behalf of another, |
| 123 | for private or public employment within the state, a person who |
| 124 | is not duly authorized to work by the federal immigration laws |
| 125 | or by the United States Attorney General shall constitute |
| 126 | grounds for which the disciplinary actions specified in |
| 127 | subsection (3) may be taken. |
| 128 | (3) When the board, or the department when there is no |
| 129 | board, determines that a person applying for or possessing a |
| 130 | license, certification, or registration has been determined to |
| 131 | meet the conditions specified in subsection (2), it shall enter |
| 132 | an order imposing one of the penalties in paragraphs (a)-(d) and |
| 133 | imposing the fine in paragraph (e) for penalties imposed under |
| 134 | paragraphs (b), (c), or (d): |
| 135 | (a) Denial of application for initial or renewal of a |
| 136 | license, certification, or registration. |
| 137 | (b) Suspension of a license, certification, or |
| 138 | registration for a minimum of 2 years for a violation involving |
| 139 | the employment of five or fewer persons who are not duly |
| 140 | authorized to work by the federal immigration laws or by the |
| 141 | Attorney General of the United States. |
| 142 | (c) Suspension of a license, certification, or |
| 143 | registration for 5 years for a violation involving the |
| 144 | employment of six to ten persons who are not duly authorized to |
| 145 | work by the federal immigration laws or by the Attorney General |
| 146 | of the United States. |
| 147 | (d) Revocation of a license, certification, or |
| 148 | registration for a violation involving the unauthorized |
| 149 | employment of more than 10 persons who are not duly authorized |
| 150 | to work by the federal immigration laws or by the Attorney |
| 151 | General of the United States. |
| 152 | (e) Imposition of an administrative fine of $25,000 for |
| 153 | each person who is not duly authorized to work by the federal |
| 154 | immigration laws or by the Attorney General of the United |
| 155 | States. |
| 156 | Section 5. This act shall take effect January 1, 2008. |