HB 119

1
A bill to be entitled
2An act relating to unauthorized employment; amending s.
3193.461, F.S.; requiring denial of agricultural
4classification and assessment for specified time periods
5under circumstances involving employment of unauthorized
6aliens; requiring alternative assessment for specified
7time; amending s. 448.09, F.S.; providing an additional
8civil penalty for employment of unauthorized aliens;
9amending s. 570.07, F.S.; requiring the dissemination of
10information concerning compliance with federal work
11authorization programs; providing a definition; creating
12s. 559.7915, F.S.; requiring information demonstrating
13compliance with federal work authorization program as
14condition of licensure, certification, or registration;
15providing a definition; prohibiting unauthorized
16employment; establishing grounds for disciplinary action
17by the Department of Business and Professional Regulation;
18providing penalties; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (8) is added to section 193.461,
23Florida Statutes, to read:
24     193.461  Agricultural lands; classification and assessment;
25mandated eradication or quarantine program; unauthorized
26employment prohibited; penalties.--
27     (8)(a)  No lands shall be classified as agricultural lands
28for the length of time specified in paragraph (b) if the
29landowner has been determined to have violated any provision of
30the federal immigration law by knowingly hiring, recruiting, or
31referring either for herself or himself or on behalf of another,
32for private or public employment within the state, whether
33through direct employment or through a contractor or
34subcontractor, a person who is not duly authorized to work by
35the federal immigration laws or the Attorney General of the
36United States.
37     (b)  When the appraiser determines that the landowner
38applying under this section meets the conditions specified in
39paragraph (a), the appraiser shall deny application for
40classification assessment as agricultural property by the
41landowner for the lengths of time for conditions as follows:
42     1.  A minimum period of 2 years for a violation involving
43the employment of five or fewer persons who are not duly
44authorized to work by the federal immigration laws or the
45Attorney General of the United States.
46     2.  A period of 5 years for a violation involving the
47employment of six to 10 persons who are not duly authorized to
48work by the federal immigration laws or the Attorney General of
49the United States.
50     3.  A period of 10 years for a violation involving the
51unauthorized employment of more than 10 persons who are not duly
52authorized to work by the federal immigration laws or the
53Attorney General of the United States.
54     (c)  For the years the land is not assessed as agricultural
55pursuant to this section, it shall be assessed under s. 193.011.
56     Section 2.  Subsection (4) is added to section 448.09,
57Florida Statutes, to read:
58     448.09  Unauthorized aliens; employment prohibited.--
59     (4)  In addition to any penalty specified in s. 193.461(8),
60a landowner shall also be subject to a civil fine of $25,000 for
61the employment of each person who is not duly authorized to work
62by the federal immigration laws or the Attorney General of the
63United States.
64     Section 3.  Subsection (42) is added to section 570.07,
65Florida Statutes, to read:
66     570.07  Department of Agriculture and Consumer Services;
67functions, powers, and duties.--The department shall have and
68exercise the following functions, powers, and duties:
69     (42)  To provide information for dissemination to all
70persons who are served by or regulated by the department in its
71various agricultural capacities in order to foster and encourage
72compliance with federal work authorization programs. This
73information shall include the need for compliance both as it
74relates to those directly employed by those persons and as it
75relates to those employed by contractors and subcontractors. For
76the purposes of this subsection, "federal work authorization
77program" means any program operated by the United States
78Department of Homeland Security that provides electronic
79verification of work authorization issued by the United States
80Bureau of Citizenship and Immigration Services or any equivalent
81federal work authorization program operated by the United States
82Department of Homeland Security that provides for the
83verification of information regarding newly hired employees
84under the Immigration Reform and Control Act of 1986, Pub. L.
85No. 99-603.
86     Section 4.  Section 559.7915, Florida Statutes, is created
87to read:
88     559.7915  Compliance with federal work authorization
89program; information required for licensure, certification, or
90registration; unauthorized employment prohibited; penalties.--
91     (1)(a)  As a condition of licensure, certification, or
92registration or renewal of a license, certification, or
93registration under part III of chapter 450, part I of chapter
94489, part I of chapter 509, or under chapter 563, chapter 564,
95or chapter 565, if that person is also applying for or possesses
96a license under part I of chapter 509, a person applying for a
97license, certification, or registration shall ensure compliance
98with a federal work authorization program regarding all
99employees and shall ensure that any contractors and
100subcontractors providing services to the applicant register and
101participate in a federal work authorization program. Proof of
102compliance shall be by certification by the applicant for all
103employees and by certification to the applicant by any
104contractor or subcontractor that the contractor or subcontractor
105is in compliance.
106     (b)  For the purpose of this subsection, "federal work
107authorization program" means any program operated by the United
108States Department of Homeland Security that provides electronic
109verification of work authorization issued by the United States
110Bureau of Citizenship and Immigration Services or any equivalent
111federal work authorization program operated by the United States
112Department of Homeland Security that provides for the
113verification of information regarding newly hired employees
114under the Immigration Reform and Control Act of 1986, Pub. L.
115No. 99-603.
116     (2)  A person applying for a license, certification, or
117registration or for renewal of a license, certification, or
118registration, or a person possessing a license, certification or
119registration under the provisions of law cited in subsection (1)
120who has been determined to have violated any provision of the
121federal immigration law by knowingly hiring, recruiting, or
122referring either for herself or himself or on behalf of another,
123for private or public employment within the state, a person who
124is not duly authorized to work by the federal immigration laws
125or by the United States Attorney General shall constitute
126grounds for which the disciplinary actions specified in
127subsection (3) may be taken.
128     (3)  When the board, or the department when there is no
129board, determines that a person applying for or possessing a
130license, certification, or registration has been determined to
131meet the conditions specified in subsection (2), it shall enter
132an order imposing one of the penalties in paragraphs (a)-(d) and
133imposing the fine in paragraph (e) for penalties imposed under
134paragraphs (b), (c), or (d):
135     (a)  Denial of application for initial or renewal of a
136license, certification, or registration.
137     (b)  Suspension of a license, certification, or
138registration for a minimum of 2 years for a violation involving
139the employment of five or fewer persons who are not duly
140authorized to work by the federal immigration laws or by the
141Attorney General of the United States.
142     (c)  Suspension of a license, certification, or
143registration for 5 years for a violation involving the
144employment of six to ten persons who are not duly authorized to
145work by the federal immigration laws or by the Attorney General
146of the United States.
147     (d)  Revocation of a license, certification, or
148registration for a violation involving the unauthorized
149employment of more than 10 persons who are not duly authorized
150to work by the federal immigration laws or by the Attorney
151General of the United States.
152     (e)  Imposition of an administrative fine of $25,000 for
153each person who is not duly authorized to work by the federal
154immigration laws or by the Attorney General of the United
155States.
156     Section 5.  This act shall take effect January 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.