Florida Senate - 2010 SB 1880 By Senator Detert 23-00550-10 20101880__ 1 A bill to be entitled 2 An act relating to enforcement of immigration laws; 3 providing a short title; creating s. 287.0575, F.S.; 4 providing definitions; prohibiting agencies from 5 entering into a contract for contractual services with 6 contractors not registered and participating in a 7 federal work authorization program by a specified 8 date; providing procedures and requirements with 9 respect to the registration of contractors and 10 subcontractors; providing for enforcement; providing a 11 schedule for phased compliance; requiring the 12 Department of Management Services to adopt rules; 13 creating s. 337.163, F.S.; providing definitions; 14 prohibiting the Department of Transportation from 15 entering into a contract for contractual services with 16 contractors not registered and participating in a 17 federal work authorization program by a specified 18 date; providing procedures and requirements with 19 respect to the registration of contractors and 20 subcontractors; providing for enforcement; providing a 21 schedule for phased compliance; requiring the 22 department to adopt rules; amending s. 943.0311, F.S.; 23 requiring the Chief of Domestic Security to negotiate 24 the terms of a memorandum of understanding between the 25 state and certain Federal Government entities 26 concerning the enforcement of federal immigration and 27 customs laws, the detention and removal of individuals 28 not lawfully present in the United States, 29 investigations related to illegal immigration in the 30 state, the establishment of specified law enforcement 31 training standards, and the creation of specified law 32 enforcement training programs; providing for the 33 establishment of law enforcement training standards 34 and the creation of training programs contingent upon 35 federal funding; providing that law enforcement 36 officers trained in accordance with such standards are 37 authorized to enforce federal immigration and customs 38 laws while performing within the scope of their 39 authorized duties; creating s. 951.30, F.S.; providing 40 requirements and procedures with respect to the 41 determination of lawful immigration status of persons 42 charged with a crime and confined to a county or 43 municipal detention facility; providing construction; 44 requiring the Florida Sheriffs Association to prepare 45 and issue specified guidelines and procedures; 46 creating part IV of ch. 23, F.S.; requiring agencies 47 to verify the lawful presence in the United States of 48 any natural person 18 years of age or older who has 49 applied for state or local public benefits, or for 50 federal public benefits, that are administered by an 51 agency by a specified date; providing for enforcement; 52 providing exceptions; requiring the Board of Governors 53 of the State University System to set forth policies 54 regarding postsecondary education benefits; providing 55 procedures and requirements with respect to 56 verification of lawful presence in the United States 57 by an agency; providing a penalty for knowingly and 58 willfully making a false, fictitious, or fraudulent 59 statement or representation in an affidavit attesting 60 to citizenship or permanent legal residency; providing 61 procedure with respect to verification of eligibility 62 for benefits; prohibiting any agency from providing 63 any state, local, or federal benefit in violation of 64 the requirements of the section; providing for 65 specified annual reports; providing effective dates. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. This act may be cited as the “Florida Security 70 and Immigration Compliance Act.” 71 Section 2. Section 287.0575, Florida Statutes, is created 72 to read: 73 287.0575 Compliance with federal work authorization 74 programs.— 75 (1) As used in this section, the term: 76 (a) “Federal work authorization program” means any program 77 operated by the United States Department of Homeland Security 78 that provides electronic verification of work authorization 79 issued by the United States Citizenship and Immigration Services 80 or any equivalent federal work authorization program operated by 81 the United States Department of Homeland Security that provides 82 for the verification of information regarding newly hired 83 employees under the Immigration Reform and Control Act of 1986, 84 Pub. L. No. 99-603. 85 (b) “Subcontractor” means a person who enters into a 86 contract with a contractor for the performance of any part of 87 such contractor’s contract. 88 (2) An agency may not enter into a contract under s. 89 287.057 for contractual services unless the contractor registers 90 and participates in a federal work authorization program. 91 (3) A contractor who receives a contract award under s. 92 287.057 for contractual services may not execute a contract, 93 purchase order, or subcontract in connection with the award 94 unless the contractor and all subcontractors providing services 95 for the contractor register and participate in a federal work 96 authorization program. The contractor shall certify in writing 97 to the agency that it is in compliance with this subsection. 98 (4) A contractor shall ensure that each subcontractor 99 providing services for the contractor registers and participates 100 in a federal work authorization program. Each subcontractor 101 shall certify in writing to the contractor that it is in 102 compliance with this subsection. 103 (5) Subsections (2), (3), and (4) shall apply as follows: 104 (a) On or after July 1, 2011, with respect to contractors 105 or subcontractors employing 500 or more employees. 106 (b) On or after July 1, 2012, with respect to contractors 107 or subcontractors employing 100 or more employees. 108 (c) On or after July 1, 2013, with respect to all 109 contractors or subcontractors. 110 (6) This section shall be enforced without regard to race, 111 religion, gender, ethnicity, or national origin. 112 (7) The department shall adopt rules deemed necessary to 113 administer this section, including prescribing forms. 114 Section 3. Section 337.163, Florida Statutes, is created to 115 read: 116 337.163 Compliance with federal work authorization 117 program.— 118 (1) As used in this section, the term: 119 (a) “Federal work authorization program” means any program 120 operated by the United States Department of Homeland Security 121 that provides electronic verification of work authorization 122 issued by the United States Citizenship and Immigration Services 123 or any equivalent federal work authorization program operated by 124 the United States Department of Homeland Security that provides 125 for the verification of information regarding newly hired 126 employees under the Immigration Reform and Control Act of 1986, 127 Pub. L. No. 99-603. 128 (b) “Subcontractor” means a person who enters into a 129 contract with a contractor for the performance of any part of 130 such contractor’s contract. 131 (2) The department may not enter into a contract under this 132 chapter for contractual services unless the contractor registers 133 and participates in a federal work authorization program. 134 (3) A contractor who receives a contract award under this 135 chapter for contractual services may not execute a contract, 136 purchase order, or subcontract in connection with the award 137 unless the contractor and all subcontractors providing services 138 for the contractor register and participate in a federal work 139 authorization program. The contractor shall certify in writing 140 to the department that it is in compliance with this subsection. 141 (4) A contractor shall ensure that each subcontractor 142 providing services for the contractor registers and participates 143 in a federal work authorization program. Each subcontractor 144 shall certify in writing to the contractor that it is in 145 compliance with this subsection. 146 (5) Subsections (2), (3), and (4) shall apply as follows: 147 (a) On or after July 1, 2011, with respect to contractors 148 or subcontractors employing 500 or more employees. 149 (b) On or after July 1, 2012, with respect to contractors 150 or subcontractors employing 100 or more employees. 151 (c) On or after July 1, 2013, with respect to all 152 contractors or subcontractors. 153 (6) This section shall be enforced without regard to race, 154 religion, gender, ethnicity, or national origin. 155 (7) The department shall adopt rules deemed necessary to 156 administer this section, including prescribing forms. 157 Section 4. Subsection (8) is added to section 943.0311, 158 Florida Statutes, and, effective if funding under the federal 159 Homeland Security Appropriation Act of 2010 or any subsequent 160 source of federal funding is provided to fund the provisions of 161 the subsection, subsection (9) is added to that section, to 162 read: 163 943.0311 Chief of Domestic Security; duties of the 164 department with respect to domestic security.— 165 (8)(a) The Chief of Domestic Security shall negotiate the 166 terms of a memorandum of understanding between the State of 167 Florida and the United States Department of Justice or the 168 United States Department of Homeland Security concerning: 169 1. The enforcement of federal immigration and customs laws. 170 2. The detention and removal of individuals not lawfully 171 present in the United States. 172 3. Investigations related to illegal immigration in the 173 state. 174 4. The establishment of law enforcement training standards 175 and the creation of law enforcement training programs as 176 provided in subsection (9). 177 (b) The memorandum of understanding shall be signed on 178 behalf of the state by the Chief of Domestic Security and the 179 Governor, or as otherwise required by the appropriate federal 180 agency. 181 (9)(a) Contingent upon funding in the federal Homeland 182 Security Appropriation Act of 2010 or any subsequent source of 183 federal funding, the Chief of Domestic Security shall work with 184 the regional domestic security task forces and the various state 185 entities responsible for establishing training standards 186 applicable to law enforcement officers to establish training 187 standards and create training programs the purpose of which is 188 to enhance the ability of law enforcement officers to enforce 189 federal immigration and customs laws while performing within the 190 scope of their authorized duties. 191 (b) A law enforcement officer, as defined in s. 943.10, who 192 is trained in accordance with the standards established pursuant 193 to this subsection is authorized to enforce federal immigration 194 and customs laws while performing within the scope of his or her 195 authorized duties. 196 Section 5. Section 951.30, Florida Statutes, is created to 197 read: 198 951.30 County and municipal detention facilities; 199 determination of lawful immigration status.— 200 (1) If the lawful immigration status of any person who is 201 charged with a crime and confined to a county or municipal 202 detention facility for any period of time cannot be verified 203 from documents in the possession of the county or municipal 204 prisoner or after a reasonable effort on the part of law 205 enforcement officials, such verification shall be made within 48 206 hours through a query to the Law Enforcement Support Center 207 (LESC) of the United States Department of Homeland Security or 208 other office or agency designated for that purpose by the United 209 States Department of Homeland Security. If it is determined that 210 a county or municipal prisoner is in the United States 211 unlawfully, the law enforcement agency shall notify the United 212 States Department of Homeland Security. 213 (2) Nothing in this section shall be construed to deny bond 214 to a person who is charged with a crime and confined to a county 215 or municipal detention facility or prevent such person from 216 being released from confinement if such person is otherwise 217 eligible for release. 218 (3) The Florida Sheriffs Association shall prepare and 219 issue guidelines and procedures for compliance with the 220 provisions of this section. 221 Section 6. Part IV of chapter 23, Florida Statutes, 222 consisting of section 23.40, is created to read: 223 PART IV 224 AGENCY ADMINISTRATION OF PUBLIC BENEFITS 225 23.40 Agency administration of public benefits; 226 verification of lawful status.— 227 (1) Except as provided in subsection (3) or where exempted 228 by federal law, no later than July 1, 2011, every agency, as 229 defined in s. 20.03, shall verify the lawful presence in the 230 United States of any natural person 18 years of age or older who 231 has applied for state or local public benefits, as defined in 8 232 U.S.C. s. 1621, or for federal public benefits, as defined in 8 233 U.S.C. s. 1611, that are administered by the agency. 234 (2) This section shall be enforced without regard to race, 235 religion, gender, ethnicity, or national origin. 236 (3) Verification of an individual’s lawful presence in the 237 United States under this section shall not be required for: 238 (a) Any purpose for which lawful presence in the United 239 States is not required by law, ordinance, or regulation; 240 (b) Assistance for health care items and services that are 241 necessary for the treatment of an emergency medical condition, 242 as defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved 243 and are not related to an organ transplant procedure; 244 (c) Short-term, non-cash, in-kind emergency disaster 245 relief; 246 (d) Public health assistance for immunizations with respect 247 to immunizable diseases and for testing and treatment of 248 symptoms of communicable diseases whether or not such symptoms 249 are caused by a communicable disease; 250 (e) Programs, services, or assistance such as soup 251 kitchens, crisis counseling and intervention, and short-term 252 shelter specified by the United States Attorney General, in the 253 United States Attorney General’s sole and unreviewable 254 discretion after consultation with appropriate federal agencies 255 and departments, which: 256 1. Deliver in-kind services at the community level, 257 including through public or private nonprofit agencies; 258 2. Do not condition the provision of assistance, the amount 259 of assistance provided, or the cost of assistance provided on 260 the individual recipient’s income or resources; and 261 3. Are necessary for the protection of life or safety; 262 (f) Prenatal care; or 263 (g) Postsecondary education. 264 (4) The Board of Governors of the State University System 265 shall set forth, or cause to be set forth, policies regarding 266 postsecondary education benefits that comply with all applicable 267 federal laws, including, but not limited to, those governing 268 ineligibility for public benefits as described in 8 U.S.C. s. 269 1611, s. 1621, or s. 1623. 270 (5)(a) Verification of lawful presence in the United States 271 by the agency or political subdivision required to make such 272 verification shall occur as follows: 273 1. The applicant for benefits must execute an affidavit 274 stating that he or she is a United States citizen or a permanent 275 legal resident of the United States and is 18 years of age or 276 older; or 277 2. The applicant for benefits must execute an affidavit 278 stating that he or she is a qualified alien or nonimmigrant 279 under the federal Immigration and Nationality Act, is 18 years 280 of age or older, and is lawfully present in the United States. 281 (b) Any person who knowingly and willfully makes a false, 282 fictitious, or fraudulent statement or representation in an 283 affidavit executed pursuant to paragraph (a) commits a 284 misdemeanor of the first degree, punishable as provided in s. 285 775.082 or s. 775.083. 286 (6) For any applicant who has executed an affidavit 287 attesting to the fact that he or she is an alien lawfully 288 present in the United States, verification of an applicant’s 289 immigration status shall be made through the Systematic Alien 290 Verification for Entitlements Program (SAVE) established by the 291 United States Citizenship and Immigration Services or a 292 successor program designated by the United States Department of 293 Homeland Security. Until such verification of eligibility is 294 made, the affidavit may be presumed to be proof of lawful 295 presence in the United States for the purposes of this section. 296 (7) In carrying out the provisions of this section, 297 agencies shall endeavor to improve efficiency, reduce delay in 298 the verification process, and provide for the expedient 299 resolution of unique individual circumstances where verification 300 procedures would impose an unusual hardship on a legal resident 301 of the state. 302 (8)(a) No agency shall provide any state, local, or federal 303 benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in violation 304 of this section. 305 (b) Each state agency or department that administers any 306 program of state or local public benefits shall compile an 307 annual report with respect to its compliance with this section. 308 (9) Any and all errors and significant delays by the 309 Systematic Alien Verification for Entitlements Program shall be 310 reported to the United States Department of Homeland Security 311 and to the Secretary of State, who will monitor the program and 312 its verification application errors and significant delays and 313 report annually on such errors and significant delays to ensure 314 that the application of the program is not wrongfully denying 315 benefits to legal residents of the state. 316 (10) Notwithstanding subsection (5), any applicant for 317 federal benefits as defined in 8 U.S.C. s. 1611 or state or 318 local benefits as defined in 8 U.S.C. s. 1621 shall not be 319 guilty of any crime for executing an affidavit attesting to 320 lawful presence in the United States that contains a false 321 statement if such affidavit is not required by this section. 322 Section 7. Except as otherwise expressly provided in this 323 act, this act shall take effect July 1, 2010.