HB 73

1
A bill to be entitled
2An act relating to illegal immigration; providing a short
3title; providing legislative findings; creating s.
4111.076, F.S.; prohibiting restrictions on the reporting
5of certain immigration status information by public
6employees; providing for a writ of mandamus to compel
7compliance with certain laws; creating ss. 125.582 and
8166.04935, F.S.; prohibiting certain local government
9restrictions concerning communication or cooperation with
10federal officials concerning immigration law enforcement;
11amending ss. 316.193 and 327.35, F.S.; requiring
12verification of the immigration status of certain persons
13confined for driving under the influence or boating under
14the influence; creating s. 322.0516, F.S.; prohibiting
15issuance of driver's licenses or identification cards to
16persons other than United States citizens or persons with
17specified legal immigration status; providing for
18submission of specified status documentation; limiting
19duration of licenses or identification cards for certain
20persons based on immigration status; amending s. 322.08,
21F.S.; conforming provisions; creating s. 287.135, F.S.;
22requiring public employer participation in a specified
23federal program to verify the work authorization status of
24newly hired employees; requiring participation in the
25program by contractors and subcontractors; providing that
26the discharge of any United States citizen or permanent
27resident alien employee by an employer in this state, who,
28on the date of the discharge employed an unauthorized
29alien is an unfair trade practice under specified
30provisions; providing a civil remedy; creating s. 409.954,
31F.S.; requiring verification of the lawful presence in the
32United States of persons over a specified age applying for
33certain public benefits; providing exceptions; providing
34for execution of affidavit of eligibility; providing for
35verification of affidavit under a specified federal
36program; providing for penalties for false affidavits;
37providing for variation of requirements; providing for
38adjudication of unique individual circumstances due to
39unusual hardship; prohibiting provision of public benefits
40in violation of specified provisions; providing for
41reports; creating s. 877.28, F.S.; prohibiting specified
42actions related to transporting or harboring illegal
43aliens; providing penalties; providing for a memorandum of
44understanding between this state and specified federal
45agencies concerning enforcement of specified federal laws;
46providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  This act may be cited as the "Florida Taxpayer
51and Citizen Protection Act of 2008."
52     Section 2.  The Legislature finds that illegal immigration
53is causing economic hardship and lawlessness in this state and
54that illegal immigration is encouraged by public agencies within
55this state that provide public benefits without verifying
56immigration status. The Legislature further finds that illegal
57immigrants have been harbored and sheltered in this state and
58encouraged to reside in this state through the issuance of
59identification cards that are issued without verifying
60immigration status, and that these practices impede and obstruct
61the enforcement of federal immigration law, undermine the
62security of our borders, and impermissibly restrict the
63privileges and immunities of the citizens of this state.
64Therefore, the Legislature declares that it is a compelling
65public interest of this state to discourage illegal immigration
66by requiring all agencies within this state to fully cooperate
67with federal immigration authorities in the enforcement of
68federal immigration laws. The Legislature also finds that other
69measures are necessary to ensure the integrity of various
70governmental programs and services.
71     Section 3.  Section 111.076, Florida Statutes, is created
72to read:
73     111.076  Reporting of immigration status information.--
74     (1)  Notwithstanding any other provision of law, no person
75or agency may prohibit or in any way restrict a public employee
76from doing any of the following with respect to information
77regarding the immigration status of any individual:
78     (a)  Sending such information to, or requesting or
79receiving such information from, the United States Department of
80Homeland Security;
81     (b)  Maintaining such information; or
82     (c)  Exchanging such information with any other federal,
83state, or local governmental entity.
84     (2)  A natural or legal person lawfully domiciled in this
85state to may obtain a writ of mandamus to compel any
86noncooperating local state governmental agency to comply with
87such reporting laws.
88     Section 4.  Section 125.582, Florida Statutes, is created
89to read:
90     125.582  Communicating or cooperating with federal
91officials concerning immigration.--
92     (1)  No county government, whether acting through its
93governing body or by an initiative, referendum, or any other
94process shall enact any ordinance or policy that limits or
95prohibits a law enforcement officer, local official, or local
96government employee from communicating or cooperating with
97federal officials with regard to the immigration status of any
98person within this state.
99     (2)  Notwithstanding any other provision of law, no county
100governmental entity or official may prohibit or in any way
101restrict any governmental entity or official from sending to, or
102receiving from, the United States Department of Homeland
103Security information regarding the citizenship or immigration
104status of any individual.
105     Section 5.  Section 166.04935, Florida Statutes, is created
106to read:
107     166.04935  Communicating or cooperating with federal
108officials concerning immigration.--
109     (1)  No municipal government, whether acting through its
110governing body or by an initiative, referendum, or any other
111process shall enact any ordinance or policy that limits or
112prohibits a law enforcement officer, local official, or local
113government employee from communicating or cooperating with
114federal officials with regard to the immigration status of any
115person within this state.
116     (2)  Notwithstanding any other provision of law, no
117municipal governmental entity or official may prohibit or in any
118way restrict any governmental entity or official from sending
119to, or receiving from, the United States Department of Homeland
120Security information regarding the citizenship or immigration
121status of any individual.
122     Section 6.  Subsection (13) is added to section 316.193,
123Florida Statutes, to read:
124     316.193  Driving under the influence; penalties.--
125     (13)(a)  When a person charged under this section is
126confined for any period in a jail or other detention center or
127facility, a reasonable effort shall be made to determine the
128citizenship status of that person.
129     (b)  If the prisoner is a foreign national, the entity
130confining the person shall make a reasonable effort to verify
131that the prisoner has been lawfully admitted to the United
132States and, if lawfully admitted, that such lawful status has
133not expired. If verification of lawful status cannot be made
134from documents in the possession of the prisoner, verification
135shall be made within 48 hours of the beginning of the
136confinement in paragraph (a) through a query to the United
137States Department of Homeland Security. If the prisoner is
138determined not to be lawfully admitted to the United States, the
139entity holding the prisoner shall notify the United States
140Department of Homeland Security.
141     (c)  For the purpose of determining the grant of or
142issuance of bond, a person whose citizenship status has been
143verified pursuant to paragraph (b) to be a foreign national who
144has not been lawfully admitted to the United States shall be
145deemed to be a risk of flight.
146     (d)  The Department of Law Enforcement has authority to
147adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
148the provisions of this subsection.
149     Section 7.  Subsections (9) and (10) of section 327.35,
150Florida Statutes, are renumbered as subsections (10) and (11),
151respectively, and a new subsection (9) is added to that section
152to read:
153     327.35  Boating under the influence; penalties; "designated
154drivers".--
155     (9)(a)  When a person charged under this section is
156confined for any period in a jail or other detention center or
157facility, a reasonable effort shall be made to determine the
158citizenship status of that person.
159     (b)  If the prisoner is a foreign national, the entity
160confining the person shall make a reasonable effort to verify
161that the prisoner has been lawfully admitted to the United
162States and, if lawfully admitted, that such lawful status has
163not expired. If verification of lawful status cannot be made
164from documents in the possession of the prisoner, verification
165shall be made within 48 hours of the beginning of the
166confinement in paragraph (a) through a query to the United
167States Department of Homeland Security. If the prisoner is
168determined not to be lawfully admitted to the United States, the
169entity holding the prisoner shall notify the United States
170Department of Homeland Security.
171     (c)  For the purpose of determining the grant of or
172issuance of bond, a person whose citizenship status has been
173verified pursuant to paragraph (b) to be a foreign national who
174has not been lawfully admitted to the United States shall be
175deemed to be a risk of flight.
176     (d)  The Department of Law Enforcement has authority to
177adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
178the provisions of this subsection.
179     Section 8.  Section 322.0516, Florida Statutes, is created
180to read:
181     322.0516  Eligibility for driver's licenses or
182identification cards.--
183     (1)  All driver's licenses or identification cards provided
184for under this chapter shall be issued only to United States
185citizens, legal permanent resident aliens, or holders of valid
186unexpired nonimmigrant visas.
187     (2)(a)  The provisions of subsection (1) shall not apply
188when an applicant presents, in person, valid documentary
189evidence provided in s. 322.08(2)(c)4.-7.
190     (b)  A driver's license or identification card issued under
191the exemption in paragraph (a) shall be valid only during the
192period of time of the authorized stay of the applicant in the
193United States or, if there is no definite end to the period of
194authorized stay, a period of 1 year. A driver's license or
195identification card issued under this subsection shall clearly
196indicate that it is temporary and shall state the date that it
197expires. Such a driver's license or identification card may be
198renewed only upon presentation of valid documentary evidence
199that the status by which the applicant qualified for the
200identification document has been extended by the United States
201Department of Homeland Security.
202     (3)  Any driver's license or identification card for which
203an application has been made for renewal, duplication, or
204reissuance shall be presumed to have been issued in accordance
205with the provisions of subsection (2) provided that, at the time
206the application is made, the driver's license or identification
207card has not expired or been canceled, suspended, or revoked.
208The requirements of subsection (2) shall apply, however, to a
209renewal, duplication, or reissuance if the department is
210notified by a local, state, or federal governmental agency that
211the individual seeking such renewal, duplication, or reissuance
212is neither a citizen of the United States nor legally in the
213United States.
214     Section 9.  Paragraph (c) of subsection (2) of section
215322.08, Florida Statutes, is amended to read:
216     322.08  Application for license.--
217     (2)  Each such application shall include the following
218information regarding the applicant:
219     (c)  Proof of identity satisfactory to the department. Such
220proof must include one of the following documents issued to the
221applicant:
222     1.  A driver's license record or identification card record
223from another jurisdiction that required the applicant to submit
224a document for identification which is substantially similar to
225a document required under subparagraph 2., subparagraph 3.,
226subparagraph 4., subparagraph 5., subparagraph 6., or
227subparagraph 7.;
228     2.  A certified copy of a United States birth certificate;
229     3.  A United States passport;
230     4.  A naturalization certificate issued by the United
231States Department of Homeland Security;
232     5.  An alien registration receipt card (green card);
233     6.  An employment authorization card issued by the United
234States Department of Homeland Security; or
235     7.  Proof of nonimmigrant classification provided by the
236United States Department of Homeland Security, for an original
237driver's license. In order to prove nonimmigrant classification,
238an applicant may produce the following documents, including, but
239not limited to:
240     a.  A notice of hearing from an immigration court
241scheduling a hearing on any proceeding.
242     b.  A notice from the Board of Immigration Appeals
243acknowledging pendency of an appeal.
244     c.  A notice of the approval of an application for
245adjustment of status issued by the United States Bureau of
246Citizenship and Immigration Services.
247     d.  Any official documentation confirming the filing of a
248petition for asylum or refugee status or any other relief issued
249by the United States Bureau of Citizenship and Immigration
250Services.
251     e.  A notice of action transferring any pending matter from
252another jurisdiction to this state issued by the United States
253Bureau of Citizenship and Immigration Services.
254     f.  An order of an immigration judge or immigration officer
255granting any relief that authorizes the alien to live and work
256in the United States, including, but not limited to, asylum.
257     g.  Evidence that an application is pending for adjustment
258of status to that of an alien lawfully admitted for permanent
259residence in the United States or conditional permanent resident
260status in the United States, if a visa number is available
261having a current priority date for processing by the United
262States Bureau of Citizenship and Immigration Services.
263
264Presentation of any of the documents in subparagraph 6. or
265subparagraph 7. entitles the applicant to a driver's license or
266temporary permit for a period not to exceed the expiration date
267of the document presented or 1 year, whichever occurs first.
268     Section 10.  Section 287.135, Florida Statutes, is created
269to read:
270     287.135  Verification of immigration status; public
271employers.--
272     (1)  As used in the section, the term:
273     (a)  "Basic Pilot Program" means the electronic
274verification of work authorization program of the Illegal
275Immigration Reform and Immigration Responsibility Act of 1996,
276Pub. L. No. 104-208, Division C, Title IV, s. 403(a), as
277amended, and operated by the United States Department of
278Homeland Security or any equivalent federal work authorization
279program operated by the United States Department of Homeland
280Security or any other designated federal agency authorized to
281verify the work authorization status of newly hired employees
282pursuant to the Immigration Reform and Control Act of 1986, Pub.
283L. No. 99-603.
284     (b)  "Public employer" means any department, agency, or
285instrumentality of the state or any political subdivision of the
286state.
287     (c)  "Subcontractor" includes any subcontractor, contract
288employee, staffing agency, or contractor of any such
289subcontractor, contract employee, or staffing agency, regardless
290of tier.
291     (2)(a)  Every public employer shall register and
292participate in the Basic Pilot Program to verify the work
293authorization status of all new employees.
294     (b)1.  No public employer shall enter into a contract for
295the physical performance of services within this state unless
296the contractor registers and participates in the Basic Pilot
297Program to verify the work authorization status of all new
298employees.
299     2.  No contractor or subcontractor who enters a contract
300with a public employer shall enter into such a contract or
301subcontract in connection with the physical performance of
302services within this state unless the contractor or
303subcontractor registers and participates in the Basic Pilot
304Program to verify information of all new employees.
305     3.  The discharge of any United States citizen or permanent
306resident alien employee by an employer in this state who, on the
307date of the discharge, employed an unauthorized alien
308constitutes an unfair trade practice under part II of chapter
309501, and the discharged employee shall have a private cause of
310action under that part.
311     (c)  The provisions of this section shall be enforced
312without regard to race or national origin.
313     Section 11.  Section 409.954, Florida Statutes, is created
314to read:
315     409.954  Verification of immigration status for public
316benefits.--
317     (1)  Except as provided in subsection (3) or where exempted
318by federal law, each agency and political subdivision of this
319state shall verify the lawful presence in the United States of
320any natural person 14 years of age or older who has applied for
321state or local public benefits as defined in 8 U.S.C. s. 1621 or
322for federal public benefits as defined in 8 U.S.C. s. 1611 that
323are administered by an agency or a political subdivision of this
324state.
325     (2)  The provisions of this section shall be enforced
326without regard to race, religion, gender, ethnicity, or national
327origin.
328     (3)  Verification of lawful presence in the United States
329under the provisions of this section shall not be required:
330     (a)  For any purpose for which lawful presence in the
331United States is not restricted by law, ordinance, or
332regulation;
333     (b)  For assistance for health care items and services that
334are necessary for the treatment of an emergency medical
335condition, as defined in 42 U.S.C. s. 1396b(v)(3), of the alien
336involved and are not related to an organ transplant procedure;
337     (c)  For short-term, noncash, in-kind emergency disaster
338relief;
339     (d)  For public health assistance for immunizations with
340respect to diseases and for testing and treatment of symptoms of
341communicable diseases, whether or not such symptoms are caused
342by a communicable disease;
343     (e)  For programs, services, or assistance such as soup
344kitchens, crisis counseling and intervention, and short-term
345shelter specified by the United States Attorney General, in the
346sole and unreviewable discretion of the United States Attorney
347General after consultation with appropriate federal agencies and
348departments, which:
349     1.  Deliver in-kind services at the community level,
350including through public or private nonprofit agencies;
351     2.  Do not condition the provision of assistance, the
352amount of assistance provided, or the cost of assistance
353provided on the income or resources of the individual recipient;
354and
355     3.  Are necessary for the protection of life or safety; or
356     (f)  For prenatal care.
357     (4)  Verification of lawful presence in the United States
358by the agency or political subdivision required to make such
359verification shall require that the applicant execute an
360affidavit under penalty of perjury that:
361     (a)  He or she is a United States citizen; or
362     (b)  He or she is a qualified alien under the Immigration
363and Nationality Act, 8 U.S.C. ss. 1101 et seq., and is lawfully
364present in the United States.
365     (5)  For any applicant who has executed the affidavit
366described in paragraph (4)(b), eligibility for benefits shall be
367made through the Systematic Alien Verification of Entitlement
368program operated by the United States Department of Homeland
369Security or a successor program designated by that department.
370Until such eligibility verification is made, the affidavit may
371be presumed to be proof of lawful presence for the purposes of
372this section.
373     (6)  Any person who knowingly and willfully makes a false,
374fictitious, or fraudulent statement or representation in an
375affidavit executed pursuant to subsection (4) shall be subject
376to criminal penalties applicable in this state for fraudulently
377obtaining public assistance program benefits. If the affidavit
378constitutes a false claim of United States citizenship under 18
379U.S.C. s. 911, a complaint shall be filed by the agency
380requiring the affidavit with the appropriate United States
381Attorney.
382     (7)  Any agency or political subdivision of this state may
383adopt variations to the requirements of this section that
384demonstrably improve the efficiency or reduce delay in the
385verification process, or to provide for adjudication of unique
386individual circumstances where the verification procedures in
387this section would impose unusual hardship on a legal resident
388of this state.
389     (8)  No agency or political subdivision of this state shall
390provide any state, local, or federal benefit, as defined in 8
391U.S.C. s. 1611 or 8 U.S.C. s. 1621, in violation of this
392section.
393     (9)  Each state agency or department that administers any
394program of state or local public benefits shall provide an
395annual report to the Secretary of Children and Family Services
396with respect to its compliance with the provisions of this
397section. Any and all errors shall be reported to the United
398States Department of Homeland Security by the Secretary of
399Children and Family Services. The secretary shall monitor the
400eligibility verification program used under subsection (5) and
401any verification application errors and significant delays of
402the program and each October 1 shall provide a report to the
403Governor, the President of the Senate, and the Speaker of the
404House of Representatives on the errors and significant delays
405and make recommendations to ensure that the application of the
406program is not erroneously denying benefits to legal residents
407of this state.
408     Section 12.  Section 877.28, Florida Statutes, is created
409to read:
410     877.28  Illegal aliens; offenses concerning.--
411     (1)  It shall be unlawful for any person to:
412     (a)  Transport, move, or attempt to transport within the
413United States any alien knowing or in reckless disregard of the
414fact that the alien has come to, entered, or remained in the
415United States in violation of law in furtherance of the illegal
416presence of the alien in the United States.
417     (b)  Conceal, harbor, or shelter from detection any alien
418in any place, including any building or means of transportation,
419knowing or in reckless disregard of the fact that the alien has
420come to, entered, or remained in the United States in violation
421of law.
422     (2)  Any person violating the provisions of this section
423commits a misdemeanor of the first degree, punishable as
424provided in s. 775.082 or s. 775.083.
425     Section 13.  The Attorney General is authorized and
426directed to negotiate the terms of a memorandum of understanding
427between this state and the United States Department of Justice
428or the United States Department of Homeland Security concerning
429the enforcement of federal immigration and custom laws,
430detention and removals, and investigations in this state. The
431memorandum of understanding shall be signed on behalf of this
432state by the Attorney General and the Governor or as otherwise
433required by the appropriate federal agency.
434     Section 14.  This act shall take effect October 1, 2008.


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