Senate Bill sb1810

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    Florida Senate - 2007                                  SB 1810

    By Senator Posey





    24-1480-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to enforcement of immigration

  3         laws; creating chapter 986, F.S.; creating the

  4         "Florida Security and Immigration Compliance

  5         Act"; providing construction; providing

  6         definitions; prohibiting public employers from

  7         entering into a contract for the physical

  8         performance of services within the state with

  9         contractors not registered and participating in

10         a federal work authorization program by a

11         specified date; providing procedures and

12         requirements with respect to the registration

13         of contractors and subcontractors; providing

14         for enforcement; requiring the Secretary of

15         Business and Professional Regulation to

16         prescribe forms and adopt rules; requiring the

17         Chief of Domestic Security to negotiate the

18         terms of a memorandum of understanding between

19         the state and the United States Department of

20         Justice or the United States Department of

21         Homeland Security concerning the enforcement of

22         federal immigration and customs laws, the

23         detention and removal individuals not lawfully

24         present in the United States, investigations

25         related to illegal immigration in the state,

26         the establishment of specified law enforcement

27         training standards, and the creation of

28         specified law enforcement training programs;

29         providing for the establishment of law

30         enforcement training standards and the creation

31         of training programs contingent upon federal

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1         funding; providing that law enforcement

 2         officers trained in accordance with such

 3         programs are authorized to enforce federal

 4         immigration and customs laws while performing

 5         within the scope of their authorized duties;

 6         providing requirements and procedures with

 7         respect to the determination of lawful

 8         immigration status of persons charged with a

 9         crime and confined to jail; providing

10         construction; requiring the Florida Sheriffs

11         Association to prepare and issue specified

12         guidelines and procedures; requiring agencies

13         and political subdivisions of the state to

14         verify the lawful presence in the United States

15         of any natural person 18 years of age or older

16         who has applied for state or local public

17         benefits, or for federal public benefits, that

18         are administered by an agency or a political

19         subdivision of the state by a specified date;

20         providing for enforcement; providing

21         exceptions; requiring the Board of Governors of

22         the State University System to set forth

23         policies regarding postsecondary education

24         benefits; providing procedures and requirements

25         with respect to verification of lawful presence

26         in the United States by an agency or political

27         subdivision; providing a penalty for knowingly

28         and willfully making a false, fictitious, or

29         fraudulent statement or representation in an

30         affidavit executed under the act; providing

31         procedure with respect to verification of

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1         eligibility for benefits; prohibiting any

 2         agency or political subdivision of this state

 3         from providing any state, local, or federal

 4         benefit in violation of the act; providing for

 5         specified annual reports; creating s. 337.163,

 6         F.S.; providing definitions; prohibiting the

 7         Department of Transportation from entering into

 8         a contract for the physical performance of

 9         services within this state with contractors not

10         registered and participating in a federal work

11         authorization program by a specified date;

12         prohibiting a contractor who receives a

13         contract award from the department for the

14         performance of services within this state from

15         executing a contract, purchase order, or

16         subcontract in connection with the award unless

17         the contractor and all subcontractors providing

18         services register and participate in a federal

19         work authorization program; providing

20         procedures and requirements with respect to the

21         registration of contractors and subcontractors;

22         providing for enforcement; requiring the

23         Secretary of Transportation to prescribe forms

24         and adopt rules; providing effective dates.

25  

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

27  

28         Section 1.  Chapter 986, Florida Statutes, consisting

29  of sections 986.01, 986.02, 986.03, 986.04, 986.05, 986.06,

30  and 986.07, is created to read:

31  

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1         986.01  Short title.--This chapter may be cited as the

 2  "Florida Security and Immigration Compliance Act."

 3         986.02  Construction.--All requirements of this chapter

 4  concerning immigration or the classification of immigration

 5  status shall be construed in conformity with federal

 6  immigration law.

 7         986.03  Definitions.--As used in this chapter:

 8         (1)  "Federal work authorization program" means any

 9  program operated by the United States Department of Homeland

10  Security which provides electronic verification of work

11  authorization issued by the United States Bureau of

12  Citizenship and Immigration Services or any equivalent federal

13  work authorization program operated by the United States

14  Department of Homeland Security which provides for the

15  verification of information regarding newly hired employees

16  under the Immigration Reform and Control Act of 1986, Pub. L.

17  No. 99-603.

18         (2)  "Public employer" means any department, agency, or

19  instrumentality of the state or a political subdivision of the

20  state.

21         (3)  "Subcontractor" means any entity providing

22  services for a contractor, whether as subcontractor, contract

23  employee, staffing agency, or other entity, regardless of the

24  level of subcontracting duties, if the services provided are

25  related to the contractor's contract with an agency.

26         986.04  Compliance with federal work authorization

27  program.--

28         (1)  Commencing July 1, 2008, no public employer shall

29  enter into a contract under s. 287.057 for the physical

30  performance of services within this state unless the

31  

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1  contractor registers and participates in a federal work

 2  authorization program.

 3         (2)  No contractor who receives a contract award under

 4  s. 287.057 for the physical performance of services within

 5  this state shall execute a contract, purchase order, or

 6  subcontract in connection with the award unless the contractor

 7  and all subcontractors providing services for the contractor

 8  register and participate in a federal work authorization

 9  program. The contractor shall certify in writing to the agency

10  that it is in compliance with this subsection.

11         (3)  A contractor shall ensure that each subcontractor

12  providing services for the contractor registers and

13  participates in a federal work authorization program. Each

14  subcontractor shall certify in writing to the contractor that

15  it is in compliance with this subsection.

16         (4)  This section shall be enforced without regard to

17  race, religion, gender, ethnicity, or national origin.

18         (5)  Except as provided in s. 337.163(6), the Secretary

19  of Business and Professional Regulation shall prescribe forms

20  and adopt rules deemed necessary to administer and effectuate

21  this section and shall publish such rules on the Department of

22  Business and Professional Regulation's Internet website.

23         986.05  Chief of Domestic Security; responsibilities.--

24         (1)(a)  The Chief of Domestic Security, as defined in

25  s. 943.0311, shall negotiate the terms of a memorandum of

26  understanding between the State of Florida and the United

27  States Department of Justice or the United States Department

28  of Homeland Security concerning:

29         1.  The enforcement of federal immigration and customs

30  laws.

31  

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1         2.  The detention and removal of individuals not

 2  lawfully present in the United States.

 3         3.  Investigations related to illegal immigration in

 4  the state.

 5         4.  The establishment of law enforcement training

 6  standards and the creation of law enforcement training

 7  programs as provided in subsection (2).

 8         (b)  The memorandum of understanding shall be signed on

 9  behalf of the state by the Chief of Domestic Security and the

10  Governor, or as otherwise required by the appropriate federal

11  agency.

12         (2)(a)  Contingent upon funding in the federal Homeland

13  Security Appropriation Act of 2007 or any subsequent source of

14  federal funding, the Chief of Domestic Security shall work

15  with the regional domestic security task forces and the

16  various state entities responsible for establishing training

17  standards applicable to state law enforcement officers to

18  establish training standards and create training programs the

19  purpose of which is to enhance the ability of law enforcement

20  officers to enforce federal immigration and customs laws while

21  performing within the scope of their authorized duties.

22         (b)  A law enforcement officer certified as trained in

23  accordance with this section is authorized to enforce federal

24  immigration and customs laws while performing within the scope

25  of his or her authorized duties.

26         986.06  Determination of lawful status.--

27         (1)  If verification of the nationality or lawful

28  immigration status of any person who is charged with a crime

29  and confined to jail for any period of time cannot be made

30  from documents in the possession of the prisoner or after a

31  reasonable effort on the part of law enforcement officials to

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1  determine the nationality or immigration status of the person

 2  so confined, verification shall be made within 48 hours

 3  through a query to the Law Enforcement Support Center (LESC)

 4  of the United States Department of Homeland Security or other

 5  office or agency designated for that purpose by the United

 6  States Department of Homeland Security. If it is determined

 7  that the prisoner is in the United States unlawfully, the law

 8  enforcement agency shall notify the United States Department

 9  of Homeland Security.

10         (2)  Nothing in this section shall be construed to deny

11  a person bond or prevent a person from being released from

12  confinement if such person is otherwise eligible for release.

13         (3)  The Florida Sheriffs Association shall prepare and

14  issue guidelines and procedures for compliance with the

15  provisions of this section.

16         986.07  Agencies, political subdivisions;

17  requirements.--

18         (1)  Except as provided in subsection (3) or where

19  exempted by federal law, no later than July 1, 2008, every

20  agency or political subdivision of this state shall verify the

21  lawful presence in the United States of any natural person 18

22  years of age or older who has applied for state or local

23  public benefits, as defined in 8 U.S.C. s. 1621, or for

24  federal public benefits, as defined in 8 U.S.C. s. 1611, which

25  are administered by the agency or political subdivision.

26         (2)  This section shall be enforced without regard to

27  race, religion, gender, ethnicity, or national origin.

28         (3)  Verification of an individual's lawful presence in

29  the United States under this section shall not be required

30  for:

31  

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1         (a)  Any purpose for which lawful presence in the

 2  United States is not required by law, ordinance, or

 3  regulation;

 4         (b)  Assistance for health care items and services that

 5  are necessary for the treatment of an emergency medical

 6  condition, as defined in 42 U.S.C. s. 1396b(v)(3), of the

 7  alien involved and are not related to an organ transplant

 8  procedure;

 9         (c)  Short-term, noncash, in-kind emergency disaster

10  relief;

11         (d)  Public health assistance for immunizations with

12  respect to immunizable diseases and for testing and treatment

13  of symptoms of communicable diseases whether or not such

14  symptoms are caused by a communicable disease;

15         (e)  Programs, services, or assistance such as soup

16  kitchens, crisis counseling and intervention, and short-term

17  shelter specified by the United States Attorney General, in

18  the United States Attorney General's sole and unreviewable

19  discretion after consultation with appropriate federal

20  agencies and departments, which:

21         1.  Deliver in-kind services at the community level,

22  including through public or private nonprofit agencies;

23         2.  Do not condition the provision of assistance, the

24  amount of assistance provided, or the cost of assistance

25  provided on the individual recipient's income or resources;

26  and

27         3.  Are necessary for the protection of life or safety;

28         (f)  Prenatal care; or

29         (g)  Postsecondary education.

30         (4)  The Board of Governors of the State University

31  System shall set forth, or cause to be set forth, policies

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1  regarding postsecondary education benefits that comply with

 2  all applicable federal laws including, but not limited to,

 3  those governing ineligibility for public benefits as described

 4  in 8 U.S.C. s. 1611, s. 1621, or s. 1623.

 5         (5)(a)  Verification of lawful presence in the United

 6  States by the agency or political subdivision required to make

 7  such verification shall occur as follows:

 8         1.  The applicant for benefits must execute an

 9  affidavit stating that he or she is a United States citizen or

10  a permanent legal resident of the United States and is 18

11  years of age or older; or

12         2.  The applicant for benefits must execute an

13  affidavit stating that he or she is a qualified alien or

14  nonimmigrant under the federal Immigration and Nationality

15  Act, is 18 years of age or older, and is lawfully present in

16  the United States.

17         (b)  Any person who knowingly and willfully makes a

18  false, fictitious, or fraudulent statement or representation

19  in an affidavit executed pursuant to paragraph (a) commits a

20  misdemeanor of the first degree, punishable as provided in s.

21  775.082 or s. 775.083.

22         (6)  For any applicant who has executed an affidavit

23  attesting to the fact that he or she is an alien lawfully

24  present in the United States, eligibility for benefits shall

25  be made through the Systematic Alien Verification for

26  Entitlements Program (SAVE) established by the United States

27  Bureau of Citizenship and Immigration Services or a successor

28  program designated by the United States Department of Homeland

29  Security. Until such verification of eligibility is made, the

30  affidavit may be presumed to be proof of lawful presence in

31  the United States for the purposes of this section.

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1         (7)  In carrying out the provisions of this section,

 2  agencies or political subdivisions of this state shall

 3  endeavor to improve efficiency, reduce delay in the

 4  verification process, and provide for the expedient resolution

 5  of unique individual circumstances where verification

 6  procedures would impose an unusual hardship on a legal

 7  resident of the state.

 8         (8)(a)  No agency or political subdivision of this

 9  state shall provide any state, local, or federal benefit, as

10  defined in 8 U.S.C. s. 1611 or s. 1621, in violation of this

11  section.

12         (b)  Each state agency or department that administers

13  any program of state or local public benefits shall compile an

14  annual report with respect to its compliance with this

15  section.

16         (9)  Any and all errors and significant delays by the

17  Systematic Alien Verification for Entitlements Program shall

18  be reported to the United States Department of Homeland

19  Security and to the Secretary of State, who will monitor the

20  program and its verification application errors and

21  significant delays and report annually on such errors and

22  significant delays to ensure that the application of the

23  program is not wrongfully denying benefits to legal residents

24  of the state.

25         (10)  Notwithstanding subsection (5), any applicant for

26  federal benefits as defined in 8 U.S.C. s. 1611 or state or

27  local benefits as defined in 8 U.S.C. s. 1621 shall not be

28  guilty of any crime for executing an affidavit attesting to

29  lawful presence in the United States which contains a false

30  statement if such affidavit is not required by this section.

31  

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1         Section 2.  Section 337.163, Florida Statutes, is

 2  created to read:

 3         337.163  Compliance with federal work authorization

 4  program.--

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

 6         (a)  "Federal work authorization program" means any

 7  program operated by the United States Department of Homeland

 8  Security which provides electronic verification of work

 9  authorization issued by the United States Bureau of

10  Citizenship and Immigration Services or any equivalent federal

11  work authorization program operated by the United States

12  Department of Homeland Security which provides for the

13  verification of information regarding newly hired employees

14  under the Immigration Reform and Control Act of 1986, Pub. L.

15  No. 99-603.

16         (b)  "Subcontractor" means any entity providing

17  services for a contractor, whether as subcontractor, contract

18  employee, staffing agency, or other entity, regardless of the

19  level of subcontracting duties, if the services provided are

20  related to the contractor's contract with the department.

21         (2)  Commencing July 1, 2008, the department shall not

22  enter into a contract under this chapter for the physical

23  performance of services within this state unless the

24  contractor registers and participates in a federal work

25  authorization program.

26         (3)  No contractor who receives a contract award under

27  this chapter for the physical performance of services within

28  this state shall execute a contract, purchase order, or

29  subcontract in connection with the award unless the contractor

30  and all subcontractors providing services for the contractor

31  register and participate in a federal work authorization

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    Florida Senate - 2007                                  SB 1810
    24-1480-07                                              See HB




 1  program. The contractor shall certify in writing to the

 2  department that it is in compliance with this subsection.

 3         (4)  A contractor shall ensure that each subcontractor

 4  providing services for the contractor registers and

 5  participates in a federal work authorization program. Each

 6  subcontractor shall certify in writing to the contractor that

 7  it is in compliance with this subsection.

 8         (5)  This section shall be enforced without regard to

 9  race, religion, gender, ethnicity, or national origin.

10         (6)  The Secretary of Transportation shall prescribe

11  all forms and adopt rules deemed necessary for the application

12  of this section to any contract or agreement relating to

13  public transportation and shall publish such rules and

14  regulations on the department's Internet website.

15         Section 3.  This act shall take effect July 1, 2007,

16  except that subsection (2) of section 986.05, Florida

17  Statutes, as created by this act, shall take effect only if

18  funding under the federal Homeland Security Appropriation Act

19  of 2007 or any subsequent source of federal funding is

20  provided to fund the provisions of that subsection.

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