| 1 | A bill to be entitled |
| 2 | An act relating to illegal immigration; providing a short |
| 3 | title; providing legislative findings; creating s. |
| 4 | 111.076, F.S.; prohibiting restrictions on the reporting |
| 5 | of certain immigration status information by public |
| 6 | employees; providing for a writ of mandamus to compel |
| 7 | compliance with certain laws; creating ss. 125.582 and |
| 8 | 166.04935, F.S.; prohibiting certain local government |
| 9 | restrictions concerning communication or cooperation with |
| 10 | federal officials concerning immigration law enforcement; |
| 11 | amending ss. 316.193 and 327.35, F.S.; requiring |
| 12 | verification of the immigration status of certain persons |
| 13 | confined for driving under the influence or boating under |
| 14 | the influence; creating s. 322.0516, F.S.; prohibiting |
| 15 | issuance of driver's licenses or identification cards to |
| 16 | persons other than United States citizens or persons with |
| 17 | specified legal immigration status; providing for |
| 18 | submission of specified status documentation; limiting |
| 19 | duration of licenses or identification cards for certain |
| 20 | persons based on immigration status; amending s. 322.08, |
| 21 | F.S.; conforming provisions; creating s. 287.135, F.S.; |
| 22 | requiring public employer participation in a specified |
| 23 | federal program to verify the work authorization status of |
| 24 | newly hired employees; requiring participation in the |
| 25 | program by contractors and subcontractors; providing that |
| 26 | the discharge of any United States citizen or permanent |
| 27 | resident alien employee by an employer in this state, who, |
| 28 | on the date of the discharge employed an unauthorized |
| 29 | alien is an unfair trade practice under specified |
| 30 | provisions; providing a civil remedy; creating s. 409.954, |
| 31 | F.S.; requiring verification of the lawful presence in the |
| 32 | United States of persons over a specified age applying for |
| 33 | certain public benefits; providing exceptions; providing |
| 34 | for execution of affidavit of eligibility; providing for |
| 35 | verification of affidavit under a specified federal |
| 36 | program; providing for penalties for false affidavits; |
| 37 | providing for variation of requirements; providing for |
| 38 | adjudication of unique individual circumstances due to |
| 39 | unusual hardship; prohibiting provision of public benefits |
| 40 | in violation of specified provisions; providing for |
| 41 | reports; creating s. 877.28, F.S.; prohibiting specified |
| 42 | actions related to transporting or harboring illegal |
| 43 | aliens; providing penalties; providing for a memorandum of |
| 44 | understanding between this state and specified federal |
| 45 | agencies concerning enforcement of specified federal laws; |
| 46 | providing an effective date. |
| 47 |
|
| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
|
| 50 | Section 1. This act may be cited as the "Florida Taxpayer |
| 51 | and Citizen Protection Act of 2008." |
| 52 | Section 2. The Legislature finds that illegal immigration |
| 53 | is causing economic hardship and lawlessness in this state and |
| 54 | that illegal immigration is encouraged by public agencies within |
| 55 | this state that provide public benefits without verifying |
| 56 | immigration status. The Legislature further finds that illegal |
| 57 | immigrants have been harbored and sheltered in this state and |
| 58 | encouraged to reside in this state through the issuance of |
| 59 | identification cards that are issued without verifying |
| 60 | immigration status, and that these practices impede and obstruct |
| 61 | the enforcement of federal immigration law, undermine the |
| 62 | security of our borders, and impermissibly restrict the |
| 63 | privileges and immunities of the citizens of this state. |
| 64 | Therefore, the Legislature declares that it is a compelling |
| 65 | public interest of this state to discourage illegal immigration |
| 66 | by requiring all agencies within this state to fully cooperate |
| 67 | with federal immigration authorities in the enforcement of |
| 68 | federal immigration laws. The Legislature also finds that other |
| 69 | measures are necessary to ensure the integrity of various |
| 70 | governmental programs and services. |
| 71 | Section 3. Section 111.076, Florida Statutes, is created |
| 72 | to read: |
| 73 | 111.076 Reporting of immigration status information.-- |
| 74 | (1) Notwithstanding any other provision of law, no person |
| 75 | or agency may prohibit or in any way restrict a public employee |
| 76 | from doing any of the following with respect to information |
| 77 | regarding the immigration status of any individual: |
| 78 | (a) Sending such information to, or requesting or |
| 79 | receiving such information from, the United States Department of |
| 80 | Homeland Security; |
| 81 | (b) Maintaining such information; or |
| 82 | (c) Exchanging such information with any other federal, |
| 83 | state, or local governmental entity. |
| 84 | (2) A natural or legal person lawfully domiciled in this |
| 85 | state to may obtain a writ of mandamus to compel any |
| 86 | noncooperating local state governmental agency to comply with |
| 87 | such reporting laws. |
| 88 | Section 4. Section 125.582, Florida Statutes, is created |
| 89 | to read: |
| 90 | 125.582 Communicating or cooperating with federal |
| 91 | officials concerning immigration.-- |
| 92 | (1) No county government, whether acting through its |
| 93 | governing body or by an initiative, referendum, or any other |
| 94 | process shall enact any ordinance or policy that limits or |
| 95 | prohibits a law enforcement officer, local official, or local |
| 96 | government employee from communicating or cooperating with |
| 97 | federal officials with regard to the immigration status of any |
| 98 | person within this state. |
| 99 | (2) Notwithstanding any other provision of law, no county |
| 100 | governmental entity or official may prohibit or in any way |
| 101 | restrict any governmental entity or official from sending to, or |
| 102 | receiving from, the United States Department of Homeland |
| 103 | Security information regarding the citizenship or immigration |
| 104 | status of any individual. |
| 105 | Section 5. Section 166.04935, Florida Statutes, is created |
| 106 | to read: |
| 107 | 166.04935 Communicating or cooperating with federal |
| 108 | officials concerning immigration.-- |
| 109 | (1) No municipal government, whether acting through its |
| 110 | governing body or by an initiative, referendum, or any other |
| 111 | process shall enact any ordinance or policy that limits or |
| 112 | prohibits a law enforcement officer, local official, or local |
| 113 | government employee from communicating or cooperating with |
| 114 | federal officials with regard to the immigration status of any |
| 115 | person within this state. |
| 116 | (2) Notwithstanding any other provision of law, no |
| 117 | municipal governmental entity or official may prohibit or in any |
| 118 | way restrict any governmental entity or official from sending |
| 119 | to, or receiving from, the United States Department of Homeland |
| 120 | Security information regarding the citizenship or immigration |
| 121 | status of any individual. |
| 122 | Section 6. Subsection (13) is added to section 316.193, |
| 123 | Florida Statutes, to read: |
| 124 | 316.193 Driving under the influence; penalties.-- |
| 125 | (13)(a) When a person charged under this section is |
| 126 | confined for any period in a jail or other detention center or |
| 127 | facility, a reasonable effort shall be made to determine the |
| 128 | citizenship status of that person. |
| 129 | (b) If the prisoner is a foreign national, the entity |
| 130 | confining the person shall make a reasonable effort to verify |
| 131 | that the prisoner has been lawfully admitted to the United |
| 132 | States and, if lawfully admitted, that such lawful status has |
| 133 | not expired. If verification of lawful status cannot be made |
| 134 | from documents in the possession of the prisoner, verification |
| 135 | shall be made within 48 hours of the beginning of the |
| 136 | confinement in paragraph (a) through a query to the United |
| 137 | States Department of Homeland Security. If the prisoner is |
| 138 | determined not to be lawfully admitted to the United States, the |
| 139 | entity holding the prisoner shall notify the United States |
| 140 | Department of Homeland Security. |
| 141 | (c) For the purpose of determining the grant of or |
| 142 | issuance of bond, a person whose citizenship status has been |
| 143 | verified pursuant to paragraph (b) to be a foreign national who |
| 144 | has not been lawfully admitted to the United States shall be |
| 145 | deemed to be a risk of flight. |
| 146 | (d) The Department of Law Enforcement has authority to |
| 147 | adopt rules pursuant to ss. 120.536(1) and 120.54 to implement |
| 148 | the provisions of this subsection. |
| 149 | Section 7. Subsections (9) and (10) of section 327.35, |
| 150 | Florida Statutes, are renumbered as subsections (10) and (11), |
| 151 | respectively, and a new subsection (9) is added to that section |
| 152 | to read: |
| 153 | 327.35 Boating under the influence; penalties; "designated |
| 154 | drivers".-- |
| 155 | (9)(a) When a person charged under this section is |
| 156 | confined for any period in a jail or other detention center or |
| 157 | facility, a reasonable effort shall be made to determine the |
| 158 | citizenship status of that person. |
| 159 | (b) If the prisoner is a foreign national, the entity |
| 160 | confining the person shall make a reasonable effort to verify |
| 161 | that the prisoner has been lawfully admitted to the United |
| 162 | States and, if lawfully admitted, that such lawful status has |
| 163 | not expired. If verification of lawful status cannot be made |
| 164 | from documents in the possession of the prisoner, verification |
| 165 | shall be made within 48 hours of the beginning of the |
| 166 | confinement in paragraph (a) through a query to the United |
| 167 | States Department of Homeland Security. If the prisoner is |
| 168 | determined not to be lawfully admitted to the United States, the |
| 169 | entity holding the prisoner shall notify the United States |
| 170 | Department of Homeland Security. |
| 171 | (c) For the purpose of determining the grant of or |
| 172 | issuance of bond, a person whose citizenship status has been |
| 173 | verified pursuant to paragraph (b) to be a foreign national who |
| 174 | has not been lawfully admitted to the United States shall be |
| 175 | deemed to be a risk of flight. |
| 176 | (d) The Department of Law Enforcement has authority to |
| 177 | adopt rules pursuant to ss. 120.536(1) and 120.54 to implement |
| 178 | the provisions of this subsection. |
| 179 | Section 8. Section 322.0516, Florida Statutes, is created |
| 180 | to read: |
| 181 | 322.0516 Eligibility for driver's licenses or |
| 182 | identification cards.-- |
| 183 | (1) All driver's licenses or identification cards provided |
| 184 | for under this chapter shall be issued only to United States |
| 185 | citizens, legal permanent resident aliens, or holders of valid |
| 186 | unexpired nonimmigrant visas. |
| 187 | (2)(a) The provisions of subsection (1) shall not apply |
| 188 | when an applicant presents, in person, valid documentary |
| 189 | evidence provided in s. 322.08(2)(c)4.-7. |
| 190 | (b) A driver's license or identification card issued under |
| 191 | the exemption in paragraph (a) shall be valid only during the |
| 192 | period of time of the authorized stay of the applicant in the |
| 193 | United States or, if there is no definite end to the period of |
| 194 | authorized stay, a period of 1 year. A driver's license or |
| 195 | identification card issued under this subsection shall clearly |
| 196 | indicate that it is temporary and shall state the date that it |
| 197 | expires. Such a driver's license or identification card may be |
| 198 | renewed only upon presentation of valid documentary evidence |
| 199 | that the status by which the applicant qualified for the |
| 200 | identification document has been extended by the United States |
| 201 | Department of Homeland Security. |
| 202 | (3) Any driver's license or identification card for which |
| 203 | an application has been made for renewal, duplication, or |
| 204 | reissuance shall be presumed to have been issued in accordance |
| 205 | with the provisions of subsection (2) provided that, at the time |
| 206 | the application is made, the driver's license or identification |
| 207 | card has not expired or been canceled, suspended, or revoked. |
| 208 | The requirements of subsection (2) shall apply, however, to a |
| 209 | renewal, duplication, or reissuance if the department is |
| 210 | notified by a local, state, or federal governmental agency that |
| 211 | the individual seeking such renewal, duplication, or reissuance |
| 212 | is neither a citizen of the United States nor legally in the |
| 213 | United States. |
| 214 | Section 9. Paragraph (c) of subsection (2) of section |
| 215 | 322.08, Florida Statutes, is amended to read: |
| 216 | 322.08 Application for license.-- |
| 217 | (2) Each such application shall include the following |
| 218 | information regarding the applicant: |
| 219 | (c) Proof of identity satisfactory to the department. Such |
| 220 | proof must include one of the following documents issued to the |
| 221 | applicant: |
| 222 | 1. A driver's license record or identification card record |
| 223 | from another jurisdiction that required the applicant to submit |
| 224 | a document for identification which is substantially similar to |
| 225 | a document required under subparagraph 2., subparagraph 3., |
| 226 | subparagraph 4., subparagraph 5., subparagraph 6., or |
| 227 | subparagraph 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 |
| 231 | States Department of Homeland Security; |
| 232 | 5. An alien registration receipt card (green card); |
| 233 | 6. An employment authorization card issued by the United |
| 234 | States Department of Homeland Security; or |
| 235 | 7. Proof of nonimmigrant classification provided by the |
| 236 | United States Department of Homeland Security, for an original |
| 237 | driver's license. In order to prove nonimmigrant classification, |
| 238 | an applicant may produce the following documents, including, but |
| 239 | not limited to: |
| 240 | a. A notice of hearing from an immigration court |
| 241 | scheduling a hearing on any proceeding. |
| 242 | b. A notice from the Board of Immigration Appeals |
| 243 | acknowledging pendency of an appeal. |
| 244 | c. A notice of the approval of an application for |
| 245 | adjustment of status issued by the United States Bureau of |
| 246 | Citizenship and Immigration Services. |
| 247 | d. Any official documentation confirming the filing of a |
| 248 | petition for asylum or refugee status or any other relief issued |
| 249 | by the United States Bureau of Citizenship and Immigration |
| 250 | Services. |
| 251 | e. A notice of action transferring any pending matter from |
| 252 | another jurisdiction to this state issued by the United States |
| 253 | Bureau of Citizenship and Immigration Services. |
| 254 | f. An order of an immigration judge or immigration officer |
| 255 | granting any relief that authorizes the alien to live and work |
| 256 | in the United States, including, but not limited to, asylum. |
| 257 | g. Evidence that an application is pending for adjustment |
| 258 | of status to that of an alien lawfully admitted for permanent |
| 259 | residence in the United States or conditional permanent resident |
| 260 | status in the United States, if a visa number is available |
| 261 | having a current priority date for processing by the United |
| 262 | States Bureau of Citizenship and Immigration Services. |
| 263 |
|
| 264 | Presentation of any of the documents in subparagraph 6. or |
| 265 | subparagraph 7. entitles the applicant to a driver's license or |
| 266 | temporary permit for a period not to exceed the expiration date |
| 267 | of the document presented or 1 year, whichever occurs first. |
| 268 | Section 10. Section 287.135, Florida Statutes, is created |
| 269 | to read: |
| 270 | 287.135 Verification of immigration status; public |
| 271 | employers.-- |
| 272 | (1) As used in the section, the term: |
| 273 | (a) "Basic Pilot Program" means the electronic |
| 274 | verification of work authorization program of the Illegal |
| 275 | Immigration Reform and Immigration Responsibility Act of 1996, |
| 276 | Pub. L. No. 104-208, Division C, Title IV, s. 403(a), as |
| 277 | amended, and operated by the United States Department of |
| 278 | Homeland Security or any equivalent federal work authorization |
| 279 | program operated by the United States Department of Homeland |
| 280 | Security or any other designated federal agency authorized to |
| 281 | verify the work authorization status of newly hired employees |
| 282 | pursuant to the Immigration Reform and Control Act of 1986, Pub. |
| 283 | L. No. 99-603. |
| 284 | (b) "Public employer" means any department, agency, or |
| 285 | instrumentality of the state or any political subdivision of the |
| 286 | state. |
| 287 | (c) "Subcontractor" includes any subcontractor, contract |
| 288 | employee, staffing agency, or contractor of any such |
| 289 | subcontractor, contract employee, or staffing agency, regardless |
| 290 | of tier. |
| 291 | (2)(a) Every public employer shall register and |
| 292 | participate in the Basic Pilot Program to verify the work |
| 293 | authorization status of all new employees. |
| 294 | (b)1. No public employer shall enter into a contract for |
| 295 | the physical performance of services within this state unless |
| 296 | the contractor registers and participates in the Basic Pilot |
| 297 | Program to verify the work authorization status of all new |
| 298 | employees. |
| 299 | 2. No contractor or subcontractor who enters a contract |
| 300 | with a public employer shall enter into such a contract or |
| 301 | subcontract in connection with the physical performance of |
| 302 | services within this state unless the contractor or |
| 303 | subcontractor registers and participates in the Basic Pilot |
| 304 | Program to verify information of all new employees. |
| 305 | 3. The discharge of any United States citizen or permanent |
| 306 | resident alien employee by an employer in this state who, on the |
| 307 | date of the discharge, employed an unauthorized alien |
| 308 | constitutes an unfair trade practice under part II of chapter |
| 309 | 501, and the discharged employee shall have a private cause of |
| 310 | action under that part. |
| 311 | (c) The provisions of this section shall be enforced |
| 312 | without regard to race or national origin. |
| 313 | Section 11. Section 409.954, Florida Statutes, is created |
| 314 | to read: |
| 315 | 409.954 Verification of immigration status for public |
| 316 | benefits.-- |
| 317 | (1) Except as provided in subsection (3) or where exempted |
| 318 | by federal law, each agency and political subdivision of this |
| 319 | state shall verify the lawful presence in the United States of |
| 320 | any natural person 14 years of age or older who has applied for |
| 321 | state or local public benefits as defined in 8 U.S.C. s. 1621 or |
| 322 | for federal public benefits as defined in 8 U.S.C. s. 1611 that |
| 323 | are administered by an agency or a political subdivision of this |
| 324 | state. |
| 325 | (2) The provisions of this section shall be enforced |
| 326 | without regard to race, religion, gender, ethnicity, or national |
| 327 | origin. |
| 328 | (3) Verification of lawful presence in the United States |
| 329 | under the provisions of this section shall not be required: |
| 330 | (a) For any purpose for which lawful presence in the |
| 331 | United States is not restricted by law, ordinance, or |
| 332 | regulation; |
| 333 | (b) For assistance for health care items and services that |
| 334 | are necessary for the treatment of an emergency medical |
| 335 | condition, as defined in 42 U.S.C. s. 1396b(v)(3), of the alien |
| 336 | involved and are not related to an organ transplant procedure; |
| 337 | (c) For short-term, noncash, in-kind emergency disaster |
| 338 | relief; |
| 339 | (d) For public health assistance for immunizations with |
| 340 | respect to diseases and for testing and treatment of symptoms of |
| 341 | communicable diseases, whether or not such symptoms are caused |
| 342 | by a communicable disease; |
| 343 | (e) For programs, services, or assistance such as soup |
| 344 | kitchens, crisis counseling and intervention, and short-term |
| 345 | shelter specified by the United States Attorney General, in the |
| 346 | sole and unreviewable discretion of the United States Attorney |
| 347 | General after consultation with appropriate federal agencies and |
| 348 | departments, which: |
| 349 | 1. Deliver in-kind services at the community level, |
| 350 | including through public or private nonprofit agencies; |
| 351 | 2. Do not condition the provision of assistance, the |
| 352 | amount of assistance provided, or the cost of assistance |
| 353 | provided on the income or resources of the individual recipient; |
| 354 | and |
| 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 |
| 358 | by the agency or political subdivision required to make such |
| 359 | verification shall require that the applicant execute an |
| 360 | affidavit 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 |
| 363 | and Nationality Act, 8 U.S.C. ss. 1101 et seq., and is lawfully |
| 364 | present in the United States. |
| 365 | (5) For any applicant who has executed the affidavit |
| 366 | described in paragraph (4)(b), eligibility for benefits shall be |
| 367 | made through the Systematic Alien Verification of Entitlement |
| 368 | program operated by the United States Department of Homeland |
| 369 | Security or a successor program designated by that department. |
| 370 | Until such eligibility verification is made, the affidavit may |
| 371 | be presumed to be proof of lawful presence for the purposes of |
| 372 | this section. |
| 373 | (6) Any person who knowingly and willfully makes a false, |
| 374 | fictitious, or fraudulent statement or representation in an |
| 375 | affidavit executed pursuant to subsection (4) shall be subject |
| 376 | to criminal penalties applicable in this state for fraudulently |
| 377 | obtaining public assistance program benefits. If the affidavit |
| 378 | constitutes a false claim of United States citizenship under 18 |
| 379 | U.S.C. s. 911, a complaint shall be filed by the agency |
| 380 | requiring the affidavit with the appropriate United States |
| 381 | Attorney. |
| 382 | (7) Any agency or political subdivision of this state may |
| 383 | adopt variations to the requirements of this section that |
| 384 | demonstrably improve the efficiency or reduce delay in the |
| 385 | verification process, or to provide for adjudication of unique |
| 386 | individual circumstances where the verification procedures in |
| 387 | this section would impose unusual hardship on a legal resident |
| 388 | of this state. |
| 389 | (8) No agency or political subdivision of this state shall |
| 390 | provide any state, local, or federal benefit, as defined in 8 |
| 391 | U.S.C. s. 1611 or 8 U.S.C. s. 1621, in violation of this |
| 392 | section. |
| 393 | (9) Each state agency or department that administers any |
| 394 | program of state or local public benefits shall provide an |
| 395 | annual report to the Secretary of Children and Family Services |
| 396 | with respect to its compliance with the provisions of this |
| 397 | section. Any and all errors shall be reported to the United |
| 398 | States Department of Homeland Security by the Secretary of |
| 399 | Children and Family Services. The secretary shall monitor the |
| 400 | eligibility verification program used under subsection (5) and |
| 401 | any verification application errors and significant delays of |
| 402 | the program and each October 1 shall provide a report to the |
| 403 | Governor, the President of the Senate, and the Speaker of the |
| 404 | House of Representatives on the errors and significant delays |
| 405 | and make recommendations to ensure that the application of the |
| 406 | program is not erroneously denying benefits to legal residents |
| 407 | of this state. |
| 408 | Section 12. Section 877.28, Florida Statutes, is created |
| 409 | to 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 |
| 413 | United States any alien knowing or in reckless disregard of the |
| 414 | fact that the alien has come to, entered, or remained in the |
| 415 | United States in violation of law in furtherance of the illegal |
| 416 | presence of the alien in the United States. |
| 417 | (b) Conceal, harbor, or shelter from detection any alien |
| 418 | in any place, including any building or means of transportation, |
| 419 | knowing or in reckless disregard of the fact that the alien has |
| 420 | come to, entered, or remained in the United States in violation |
| 421 | of law. |
| 422 | (2) Any person violating the provisions of this section |
| 423 | commits a misdemeanor of the first degree, punishable as |
| 424 | provided in s. 775.082 or s. 775.083. |
| 425 | Section 13. The Attorney General is authorized and |
| 426 | directed to negotiate the terms of a memorandum of understanding |
| 427 | between this state and the United States Department of Justice |
| 428 | or the United States Department of Homeland Security concerning |
| 429 | the enforcement of federal immigration and custom laws, |
| 430 | detention and removals, and investigations in this state. The |
| 431 | memorandum of understanding shall be signed on behalf of this |
| 432 | state by the Attorney General and the Governor or as otherwise |
| 433 | required by the appropriate federal agency. |
| 434 | Section 14. This act shall take effect October 1, 2008. |