Senate Bill sb2456

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2456

    By Senator Fasano





    11-1350A-07                                         See HB 119

  1                      A bill to be entitled

  2         An act relating to unauthorized employment;

  3         amending s. 193.461, F.S.; requiring denial of

  4         agricultural classification and assessment for

  5         specified time periods under circumstances

  6         involving employment of unauthorized aliens;

  7         requiring alternative assessment for specified

  8         time; amending s. 448.09, F.S.; providing an

  9         additional civil penalty for employment of

10         unauthorized aliens; amending s. 570.07, F.S.;

11         requiring the dissemination of information

12         concerning compliance with federal work

13         authorization programs; providing a definition;

14         creating s. 559.7915, F.S.; requiring

15         information demonstrating compliance with

16         federal work authorization program as condition

17         of licensure, certification, or registration;

18         providing a definition; prohibiting

19         unauthorized employment; establishing grounds

20         for disciplinary action by the Department of

21         Business and Professional Regulation; providing

22         penalties; providing an effective date.

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

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26         Section 1.  Subsection (8) is added to section 193.461,

27  Florida Statutes, to read:

28         193.461  Agricultural lands; classification and

29  assessment; mandated eradication or quarantine program;

30  unauthorized employment prohibited; penalties.--

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    Florida Senate - 2007                                  SB 2456
    11-1350A-07                                         See HB 119




 1         (8)(a)  No lands shall be classified as agricultural

 2  lands for the length of time specified in paragraph (b) if the

 3  landowner has been determined to have violated any provision

 4  of the federal immigration law by knowingly hiring,

 5  recruiting, or referring either for herself or himself or on

 6  behalf of another, for private or public employment within the

 7  state, whether through direct employment or through a

 8  contractor or subcontractor, a person who is not duly

 9  authorized to work by the federal immigration laws or the

10  Attorney General of the United States.

11         (b)  When the appraiser determines that the landowner

12  applying under this section meets the conditions specified in

13  paragraph (a), the appraiser shall deny application for

14  classification assessment as agricultural property by the

15  landowner for the lengths of time for conditions as follows:

16         1.  A minimum period of 2 years for a violation

17  involving the employment of five or fewer persons who are not

18  duly authorized to work by the federal immigration laws or the

19  Attorney General of the United States.

20         2.  A period of 5 years for a violation involving the

21  employment of six to 10 persons who are not duly authorized to

22  work by the federal immigration laws or the Attorney General

23  of the United States.

24         3.  A period of 10 years for a violation involving the

25  unauthorized employment of more than 10 persons who are not

26  duly authorized to work by the federal immigration laws or the

27  Attorney General of the United States.

28         (c)  For the years the land is not assessed as

29  agricultural pursuant to this section, it shall be assessed

30  under s. 193.011.

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    Florida Senate - 2007                                  SB 2456
    11-1350A-07                                         See HB 119




 1         Section 2.  Subsection (4) is added to section 448.09,

 2  Florida Statutes, to read:

 3         448.09  Unauthorized aliens; employment prohibited.--

 4         (4)  In addition to any penalty specified in s.

 5  193.461(8), a landowner shall also be subject to a civil fine

 6  of $25,000 for the employment of each person who is not duly

 7  authorized to work by the federal immigration laws or the

 8  Attorney General of the United States.

 9         Section 3.  Subsection (42) is added to section 570.07,

10  Florida Statutes, to read:

11         570.07  Department of Agriculture and Consumer

12  Services; functions, powers, and duties.--The department shall

13  have and exercise the following functions, powers, and duties:

14         (42)  To provide information for dissemination to all

15  persons who are served by or regulated by the department in

16  its various agricultural capacities in order to foster and

17  encourage compliance with federal work authorization programs.

18  This information shall include the need for compliance both as

19  it relates to those directly employed by those persons and as

20  it relates to those employed by contractors and

21  subcontractors. For the purposes of this subsection, "federal

22  work authorization program" means any program operated by the

23  United States Department of Homeland Security that provides

24  electronic verification of work authorization issued by the

25  United States Bureau of Citizenship and Immigration Services

26  or any equivalent federal work authorization program operated

27  by the United States Department of Homeland Security that

28  provides for the verification of information regarding newly

29  hired employees under the Immigration Reform and Control Act

30  of 1986, Pub. L. No. 99-603.

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    Florida Senate - 2007                                  SB 2456
    11-1350A-07                                         See HB 119




 1         Section 4.  Section 559.7915, Florida Statutes, is

 2  created to read:

 3         559.7915  Compliance with federal work authorization

 4  program; information required for licensure, certification, or

 5  registration; unauthorized employment prohibited; penalties.--

 6         (1)(a)  As a condition of licensure, certification, or

 7  registration or renewal of a license, certification, or

 8  registration under part III of chapter 450, part I of chapter

 9  489, part I of chapter 509, or under chapter 563, chapter 564,

10  or chapter 565, if that person is also applying for or

11  possesses a license under part I of chapter 509, a person

12  applying for a license, certification, or registration shall

13  ensure compliance with a federal work authorization program

14  regarding all employees and shall ensure that any contractors

15  and subcontractors providing services to the applicant

16  register and participate in a federal work authorization

17  program. Proof of compliance shall be by certification by the

18  applicant for all employees and by certification to the

19  applicant by any contractor or subcontractor that the

20  contractor or subcontractor is in compliance.

21         (b)  For the purpose of this subsection, "federal work

22  authorization program" means any program operated by the

23  United States Department of Homeland Security that provides

24  electronic verification of work authorization issued by the

25  United States Bureau of Citizenship and Immigration Services

26  or any equivalent federal work authorization program operated

27  by the United States Department of Homeland Security that

28  provides for the verification of information regarding newly

29  hired employees under the Immigration Reform and Control Act

30  of 1986, Pub. L. No. 99-603.

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    Florida Senate - 2007                                  SB 2456
    11-1350A-07                                         See HB 119




 1         (2)  A person applying for a license, certification, or

 2  registration or for renewal of a license, certification, or

 3  registration, or a person possessing a license, certification

 4  or registration under the provisions of law cited in

 5  subsection (1) who has been determined to have violated any

 6  provision of the federal immigration law by knowingly hiring,

 7  recruiting, or referring either for herself or himself or on

 8  behalf of another, for private or public employment within the

 9  state, a person who is not duly authorized to work by the

10  federal immigration laws or by the United States Attorney

11  General shall constitute grounds for which the disciplinary

12  actions specified in subsection (3) may be taken.

13         (3)  When the board, or the department when there is no

14  board, determines that a person applying for or possessing a

15  license, certification, or registration has been determined to

16  meet the conditions specified in subsection (2), it shall

17  enter an order imposing one of the penalties in paragraphs

18  (a)-(d) and imposing the fine in paragraph (e) for penalties

19  imposed under paragraphs (b), (c), or (d):

20         (a)  Denial of application for initial or renewal of a

21  license, certification, or registration.

22         (b)  Suspension of a license, certification, or

23  registration for a minimum of 2 years for a violation

24  involving the employment of five or fewer persons who are not

25  duly authorized to work by the federal immigration laws or by

26  the Attorney General of the United States.

27         (c)  Suspension of a license, certification, or

28  registration for 5 years for a violation involving the

29  employment of six to ten persons who are not duly authorized

30  to work by the federal immigration laws or by the Attorney

31  General of the United States.

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    Florida Senate - 2007                                  SB 2456
    11-1350A-07                                         See HB 119




 1         (d)  Revocation of a license, certification, or

 2  registration for a violation involving the unauthorized

 3  employment of more than 10 persons who are not duly authorized

 4  to work by the federal immigration laws or by the Attorney

 5  General of the United States.

 6         (e)  Imposition of an administrative fine of $25,000

 7  for each person who is not duly authorized to work by the

 8  federal immigration laws or by the Attorney General of the

 9  United States.

10         Section 5.  This act shall take effect January 1, 2008.

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