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. |