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A bill to be entitled

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An act relating to enforcement of immigration laws;

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creating chapter 986, F.S.; creating the "Florida Security

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and Immigration Compliance Act"; providing construction;

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providing definitions; prohibiting public employers from

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entering into a contract for the physical performance of

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services within the state with contractors not registered

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and participating in a federal work-authorization program

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by a specified date; providing procedures and requirements

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with respect to the registration of contractors and

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subcontractors; providing for enforcement; requiring the

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Secretary of Business and Professional Regulation to

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prescribe forms and adopt rules; requiring the Chief of

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Domestic Security to negotiate the terms of a memorandum

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of understanding between the state and the United States

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Department of Justice or the United States Department of

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Homeland Security concerning the enforcement of federal

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immigration and customs laws, the detention and removal of

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individuals not lawfully present in the United States,

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investigations related to illegal immigration in the

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state, the establishment of specified law enforcement

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training standards, and the creation of specified law

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enforcement training programs; providing for the

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establishment of law enforcement training standards and

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the creation of training programs contingent upon federal

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funding; providing that law enforcement officers trained

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in accordance with such programs are authorized to enforce

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federal immigration and customs laws while performing

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within the scope of their authorized duties; providing

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requirements and procedures with respect to the

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determination of lawful immigration status of persons

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charged with a crime and confined to jail; providing

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construction; requiring the Florida Sheriffs Association

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to prepare and issue specified guidelines and procedures;

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requiring agencies and political subdivisions of the state

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to verify the lawful presence in the United States of any

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natural person 18 years of age or older who has applied

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for state or local public benefits, or for federal public

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benefits, that are administered by an agency or a

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political subdivision of the state by a specified date;

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providing for enforcement; providing exceptions; requiring

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the Board of Governors of the State University System to

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set forth policies regarding postsecondary education

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benefits; providing procedures and requirements with

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respect to verification of lawful presence in the United

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States by an agency or political subdivision; providing a

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penalty for knowingly and willfully making a false,

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fictitious, or fraudulent statement or representation in

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an affidavit executed under the act; providing procedure

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with respect to verification of eligibility for benefits;

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prohibiting any agency or political subdivision of this

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state from providing any state, local, or federal benefit

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in violation of the act; providing for specified annual

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reports; creating s. 337.163, F.S.; providing definitions;

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prohibiting the Department of Transportation from entering

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into a contract for the physical performance of services

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within this state with contractors not registered and

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participating in a federal work-authorization program by a

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specified date; prohibiting a contractor who receives a

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contract award from the department for the performance of

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services within this state from executing a contract,

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purchase order, or subcontract in connection with the

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award unless the contractor and all subcontractors

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providing services register and participate in a federal

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work-authorization program; providing procedures and

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requirements with respect to the registration of

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contractors and subcontractors; providing for enforcement;

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requiring the Secretary of Transportation to prescribe

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forms and adopt rules; providing effective dates.

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

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     Section 1.  Chapter 986, Florida Statutes, consisting of

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sections 986.01, 986.02, 986.03, 986.04, 986.05, 986.06, and

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986.07, is created to read:

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

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"Florida Security and Immigration Compliance Act."

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     986.02 Construction.--All requirements of this chapter

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concerning immigration or the classification of immigration

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status shall be construed in conformity with federal immigration

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law.

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     986.03 Definitions.--As used in this chapter:

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

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operaed by the United States Department of Homeland Security

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which provides electronic verification of work authorization

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issued by the United States Bureau of Citizenship and Immigration

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Services or any equivalent federal work-authorization program

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operated by the United States Department of Homeland Security

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which provides for the verification of information regarding

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newly hired employees under the Immigration Reform and Control

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

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

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instrumentality of the state or a political subdivision of the

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state.

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     (3) "Subcontractor" means any entity providing services for

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a contractor, whether as subcontractor, contract employee,

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staffing agency, or other entity, regardless of the level of

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subcontracting duties, if the services provided are related to

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the contractor's contract with an agency.

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     986.04 Compliance with federal work-authorization

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program.--

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     (1) Commencing July 1, 2009, no public employer shall enter

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into a contract under s. 287.057 for the physical performance of

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services within this state unless the contractor registers and

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participates in a federal work-authorization program.

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     (2) No contractor who receives a contract award under s.

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287.057 for the physical performance of services within this

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state shall execute a contract, purchase order, or subcontract in

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connection with the award unless the contractor and all

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subcontractors providing services for the contractor register and

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participate in a federal work-authorization program. The

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contractor shall certify in writing to the agency that it is in

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compliance with this subsection.

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     (3) A contractor shall ensure that each subcontractor

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providing services for the contractor registers and participates

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in a federal work-authorization program. Each subcontractor shall

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certify in writing to the contractor that it is in compliance

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with this subsection.

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     (4) This section shall be enforced without regard to race,

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religion, gender, ethnicity, or national origin.

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

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Business and Professional Regulation shall prescribe forms and

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adopt rules deemed necessary to administer and effectuate this

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section and shall publish such rules on the Department of

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Business and Professional Regulation's Internet website.

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     986.05 Chief of Domestic Security; responsibilities.--

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

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943.0311, shall negotiate the terms of a memorandum of

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understanding between the State of Florida and the United States

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Department of Justice or the United States Department of Homeland

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Security concerning:

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     1. The enforcement of federal immigration and customs laws.

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     2. The detention and removal of individuals not lawfully

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present in the United States.

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     3. Investigations related to illegal immigration in the

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state.

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     4. The establishment of law enforcement training standards

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and the creation of law enforcement training programs as provided

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in subsection (2).

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     (b) The memorandum of understanding shall be signed on

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

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Governor, or as otherwise required by the appropriate federal

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agency.

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

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Security Appropriation Act of 2008 or any subsequent source of

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federal funding, the Chief of Domestic Security shall work with

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the regional domestic security task forces and the various state

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entities responsible for establishing training standards

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applicable to state law enforcement officers to establish

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training standards and create training programs the purpose of

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which is to enhance the ability of law enforcement officers to

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enforce federal immigration and customs laws while performing

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within the scope of their authorized duties.

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     (b) A law enforcement officer certified as trained in

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accordance with this section is authorized to enforce federal

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immigration and customs laws while performing within the scope of

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his or her authorized duties.

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     986.06 Determination of lawful status.--

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     (1) If verification of the nationality or lawful

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

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confined to jail for any period of time cannot be made from

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documents in the possession of the prisoner or after a reasonable

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effort on the part of law enforcement officials to determine the

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nationality or immigration status of the person so confined,

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verification shall be made within 48 hours through a query to the

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Law Enforcement Support Center (LESC) of the United States

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Department of Homeland Security or other office or agency

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designated for that purpose by the United States Department of

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Homeland Security. If it is determined that the prisoner is in

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the United States unlawfully, the law enforcement agency shall

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notify the United States Department of Homeland Security.

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

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person bond or prevent a person from being released from

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confinement if such person is otherwise eligible for release.

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     (3) The Florida Sheriffs Association shall prepare and

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issue guidelines and procedures for compliance with the

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provisions of this section.

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     986.07 Agencies, political subdivisions; requirements.--

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

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by federal law, no later than July 1, 2009, every agency or

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political subdivision of this state shall verify the lawful

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presence in the United States of any natural person 18 years of

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age or older who has applied for state or local public benefits,

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

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as defined in 8 U.S.C. s. 1611, which are administered by the

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agency or political subdivision.

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     (2) This section shall be enforced without regard to race,

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religion, gender, ethnicity, or national origin.

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

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United States under this section shall not be required for:

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

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States is not required by law, ordinance, or regulation;

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

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necessary for the treatment of an emergency medical condition, as

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defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved and

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are not related to an organ transplant procedure;

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     (c) Short-term, non-cash, in-kind emergency disaster

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relief;

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     (d) Public health assistance for immunizations with respect

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to immunizable diseases and for testing and treatment of symptoms

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of communicable diseases whether or not such symptoms are caused

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by a communicable disease;

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

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kitchens, crisis counseling and intervention, and short-term

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shelter specified by the United States Attorney General, in the

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United States Attorney General's sole and unreviewable discretion

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after consultation with appropriate federal agencies and

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departments, which:

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

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including through public or private nonprofit agencies;

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

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of assistance provided, or the cost of assistance provided on the

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individual recipient's income or resources; and

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

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     (f) Prenatal care; or

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     (g) Postsecondary education.

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

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shall set forth, or cause to be set forth, policies regarding

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postsecondary education benefits which comply with all applicable

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federal laws including, but not limited to, those governing

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ineligibility for public benefits as described in 8 U.S.C. s.

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1611, s. 1621, or s. 1623.

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

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by the agency or political subdivision required to make such

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verification shall occur as follows:

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     1. The applicant for benefits must execute an affidavit

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stating that he or she is a United States citizen or a permanent

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legal resident of the United States and is 18 years of age or

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older; or

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     2. The applicant for benefits must execute an affidavit

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stating that he or she is a qualified alien or nonimmigrant under

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the federal Immigration and Nationality Act, is 18 years of age

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or older, and is lawfully present in the United States.

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     (b) Any person who knowingly and willfully makes a false,

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fictitious, or fraudulent statement or representation in an

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affidavit executed pursuant to paragraph (a) commits a

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

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775.082 or s. 775.083.

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     (6) For any applicant who has executed an affidavit

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

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in the United States, eligibility for benefits shall be made

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through the Systematic Alien Verification for Entitlements

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Program (SAVE) established by the United States Bureau of

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Citizenship and Immigration Services or a successor program

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designated by the United States Department of Homeland Security.

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Until such verification of eligibility is made, the affidavit may

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be presumed to be proof of lawful presence in the United States

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for the purposes of this section.

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

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agencies or political subdivisions of this state shall endeavor

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to improve efficiency, reduce delay in the verification process,

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and provide for the expedient resolution of unique individual

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circumstances where verification procedures would impose an

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unusual hardship on a legal resident of the state.

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

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shall provide any state, local, or federal benefit, as defined in

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

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     (b) Each state agency or department that administers any

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program of state or local public benefits shall compile an annual

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report with respect to its compliance with this section.

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

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Systematic Alien Verification for Entitlements Program shall be

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reported to the United States Department of Homeland Security and

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to the Secretary of State, who shall monitor the program and its

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verification application errors and significant delays and report

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annually on such errors and significant delays to ensure that the

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application of the program is not wrongfully denying benefits to

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legal residents of the state.

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

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

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benefits as defined in 8 U.S.C. s. 1621 shall not be guilty of

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any crime for executing an affidavit attesting to lawful presence

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in the United States which contains a false statement if such

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affidavit is not required by this section.

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     Section 2.  Section 337.163, Florida Statutes, is created to

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read:

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     337.163 Compliance with federal work-authorization

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program.--

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

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

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operated by the United States Department of Homeland Security

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which provides electronic verification of work authorization

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issued by the United States Bureau of Citizenship and Immigration

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Services or any equivalent federal work-authorization program

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operated by the United States Department of Homeland Security

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which provides for the verification of information regarding

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newly hired employees under the Immigration Reform and Control

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

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     (b) "Subcontractor" means any entity providing services for

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a contractor, whether as subcontractor, contract employee,

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staffing agency, or other entity, regardless of the level of

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subcontracting duties, if the services provided are related to

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the contractor's contract with the department.

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     (2) Commencing July 1, 2009, the department shall not enter

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into a contract under this chapter for the physical performance

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of services within this state unless the contractor registers and

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participates in a federal work-authorization program.

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

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chapter for the physical performance of services within this

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state shall execute a contract, purchase order, or subcontract in

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connection with the award unless the contractor and all

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subcontractors providing services for the contractor register and

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participate in a federal work-authorization program. The

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contractor shall certify in writing to the department that it is

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in compliance with this subsection.

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     (4) A contractor shall ensure that each subcontractor

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providing services for the contractor registers and participates

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in a federal work-authorization program. Each subcontractor shall

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certify in writing to the contractor that it is in compliance

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with this subsection.

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     (5) This section shall be enforced without regard to race,

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religion, gender, ethnicity, or national origin.

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     (6) The Secretary of Transportation shall prescribe all

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forms and adopt rules deemed necessary for the application of

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this section to any contract or agreement relating to public

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transportation and shall publish such rules and regulations on

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the department's Internet website.

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     Section 3.  This act shall take effect July 1, 2008, except

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that subsection (2) of section 986.05, Florida Statutes, as

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created by this act, shall take effect only if funding under the

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federal Homeland Security Appropriation Act of 2008 or any

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subsequent source of federal funding is provided to fund the

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provisions of that subsection.