HB 219

1
A bill to be entitled
2An act relating to enforcement of immigration laws;
3providing a short title; creating s. 287.0575, F.S.;
4providing definitions; prohibiting agencies from entering
5into a contract for contractual services with contractors
6not registered and participating in a federal work
7authorization program by a specified date; providing
8procedures and requirements with respect to the
9registration of contractors and subcontractors; providing
10for enforcement; providing a schedule for phased
11compliance; requiring the Department of Management
12Services to adopt rules; creating s. 337.163, F.S.;
13providing definitions; prohibiting the Department of
14Transportation from entering into a contract for
15contractual services with contractors not registered and
16participating in a federal work authorization program by a
17specified date; providing procedures and requirements with
18respect to the registration of contractors and
19subcontractors; providing for enforcement; providing a
20schedule for phased compliance; requiring the department
21to adopt rules; amending s. 943.0311, F.S.; requiring the
22Chief of Domestic Security to negotiate the terms of a
23memorandum of understanding between the state and certain
24Federal Government entities concerning the enforcement of
25federal immigration and customs laws, the detention and
26removal of individuals not lawfully present in the United
27States, investigations related to illegal immigration in
28the state, the establishment of specified law enforcement
29training standards, and the creation of specified law
30enforcement training programs; providing for the
31establishment of law enforcement training standards and
32the creation of training programs contingent upon federal
33funding; providing that law enforcement officers trained
34in accordance with such standards are authorized to
35enforce federal immigration and customs laws while
36performing within the scope of their authorized duties;
37creating s. 951.30, F.S.; providing requirements and
38procedures with respect to the determination of lawful
39immigration status of persons charged with a crime and
40confined to a county or municipal detention facility;
41providing construction; requiring the Florida Sheriffs
42Association to prepare and issue specified guidelines and
43procedures; creating pt. IV of chapter 23, F.S.; requiring
44agencies to verify the lawful presence in the United
45States of any natural person 18 years of age or older who
46has applied for state or local public benefits, or for
47federal public benefits, that are administered by an
48agency by a specified date; providing for enforcement;
49providing exceptions; requiring the Board of Governors of
50the State University System to set forth policies
51regarding postsecondary education benefits; providing
52procedures and requirements with respect to verification
53of lawful presence in the United States by an agency;
54providing a penalty for knowingly and willfully making a
55false, fictitious, or fraudulent statement or
56representation in an affidavit attesting to citizenship or
57permanent legal residency; providing procedure with
58respect to verification of eligibility for benefits;
59prohibiting any agency from providing any state, local, or
60federal benefit in violation of the requirements of the
61section; providing for specified annual reports; providing
62effective dates.
63
64Be It Enacted by the Legislature of the State of Florida:
65
66     Section 1.  This act may be cited as the "Florida Security
67and Immigration Compliance Act."
68     Section 2.  Section 287.0575, Florida Statutes, is created
69to read:
70     287.0575  Compliance with federal work authorization
71programs.--
72     (1)  As used in this section, the term:
73     (a)  "Federal work authorization program" means any program
74operated by the United States Department of Homeland Security
75that provides electronic verification of work authorization
76issued by the United States Citizenship and Immigration Services
77or any equivalent federal work authorization program operated by
78the United States Department of Homeland Security that provides
79for the verification of information regarding newly hired
80employees under the Immigration Reform and Control Act of 1986,
81Pub. L. No. 99-603.
82     (b)  "Subcontractor" means a person who enters into a
83contract with a contractor for the performance of any part of
84such contractor's contract.
85     (2)  An agency may not enter into a contract under s.
86287.057 for contractual services unless the contractor registers
87and participates in a federal work authorization program.
88     (3)  A contractor who receives a contract award under s.
89287.057 for contractual services may not execute a contract,
90purchase order, or subcontract in connection with the award
91unless the contractor and all subcontractors providing services
92for the contractor register and participate in a federal work
93authorization program. The contractor shall certify in writing
94to the agency that it is in compliance with this subsection.
95     (4)  A contractor shall ensure that each subcontractor
96providing services for the contractor registers and participates
97in a federal work authorization program. Each subcontractor
98shall certify in writing to the contractor that it is in
99compliance with this subsection.
100     (5)  Subsections (2), (3), and (4) shall apply as follows:
101     (a)  On or after July 1, 2011, with respect to contractors
102or subcontractors employing 500 or more employees.
103     (b)  On or after July 1, 2012, with respect to contractors
104or subcontractors employing 100 or more employees.
105     (c)  On or after July 1, 2013, with respect to all
106contractors or subcontractors.
107     (6)  This section shall be enforced without regard to race,
108religion, gender, ethnicity, or national origin.
109     (7)  The department shall adopt rules deemed necessary to
110administer this section, including prescribing forms.
111     Section 3.  Section 337.163, Florida Statutes, is created
112to read:
113     337.163  Compliance with federal work authorization
114program.--
115     (1)  As used in this section, the term:
116     (a)  "Federal work authorization program" means any program
117operated by the United States Department of Homeland Security
118that provides electronic verification of work authorization
119issued by the United States Citizenship and Immigration Services
120or any equivalent federal work authorization program operated by
121the United States Department of Homeland Security that provides
122for the verification of information regarding newly hired
123employees under the Immigration Reform and Control Act of 1986,
124Pub. L. No. 99-603.
125     (b)  "Subcontractor" means a person who enters into a
126contract with a contractor for the performance of any part of
127such contractor's contract.
128     (2)  The department may not enter into a contract under
129this chapter for contractual services unless the contractor
130registers and participates in a federal work authorization
131program.
132     (3)  A contractor who receives a contract award under this
133chapter for contractual services may not execute a contract,
134purchase order, or subcontract in connection with the award
135unless the contractor and all subcontractors providing services
136for the contractor register and participate in a federal work
137authorization program. The contractor shall certify in writing
138to the department that it is in compliance with this subsection.
139     (4)  A contractor shall ensure that each subcontractor
140providing services for the contractor registers and participates
141in a federal work authorization program. Each subcontractor
142shall certify in writing to the contractor that it is in
143compliance with this subsection.
144     (5)  Subsections (2), (3), and (4) shall apply as follows:
145     (a)  On or after July 1, 2011, with respect to contractors
146or subcontractors employing 500 or more employees.
147     (b)  On or after July 1, 2012, with respect to contractors
148or subcontractors employing 100 or more employees.
149     (c)  On or after July 1, 2013, with respect to all
150contractors or subcontractors.
151     (6)  This section shall be enforced without regard to race,
152religion, gender, ethnicity, or national origin.
153     (7)  The department shall adopt rules deemed necessary to
154administer this section, including prescribing forms.
155     Section 4.  Subsection (8) is added to section 943.0311,
156Florida Statutes, and, effective if funding under the federal
157Homeland Security Appropriation Act of 2010 or any subsequent
158source of federal funding is provided to fund the provisions of
159the subsection, subsection (9) is added to that section, to
160read:
161     943.0311  Chief of Domestic Security; duties of the
162department with respect to domestic security.--
163     (8)(a)  The Chief of Domestic Security shall negotiate the
164terms of a memorandum of understanding between the State of
165Florida and the United States Department of Justice or the
166United States Department of Homeland Security concerning:
167     1.  The enforcement of federal immigration and customs
168laws.
169     2.  The detention and removal of individuals not lawfully
170present in the United States.
171     3.  Investigations related to illegal immigration in the
172state.
173     4.  The establishment of law enforcement training standards
174and the creation of law enforcement training programs as
175provided in subsection (9).
176     (b)  The memorandum of understanding shall be signed on
177behalf of the state by the Chief of Domestic Security and the
178Governor, or as otherwise required by the appropriate federal
179agency.
180     (9)(a)  Contingent upon funding in the federal Homeland
181Security Appropriation Act of 2010 or any subsequent source of
182federal funding, the Chief of Domestic Security shall work with
183the regional domestic security task forces and the various state
184entities responsible for establishing training standards
185applicable to law enforcement officers to establish training
186standards and create training programs the purpose of which is
187to enhance the ability of law enforcement officers to enforce
188federal immigration and customs laws while performing within the
189scope of their authorized duties.
190     (b)  A law enforcement officer, as defined in s. 943.10,
191who is trained in accordance with the standards established
192pursuant to this subsection is authorized to enforce federal
193immigration and customs laws while performing within the scope
194of his or her authorized duties.
195     Section 5.  Section 951.30, Florida Statutes, is created to
196read:
197     951.30  County and municipal detention facilities;
198determination of lawful immigration status.--
199     (1)  If the lawful immigration status of any person who is
200charged with a crime and confined to a county or municipal
201detention facility for any period of time cannot be verified
202from documents in the possession of the county or municipal
203prisoner or after a reasonable effort on the part of law
204enforcement officials, such verification shall be made within 48
205hours through a query to the Law Enforcement Support Center
206(LESC) of the United States Department of Homeland Security or
207other office or agency designated for that purpose by the United
208States Department of Homeland Security. If it is determined that
209a county or municipal prisoner is in the United States
210unlawfully, the law enforcement agency shall notify the United
211States Department of Homeland Security.
212     (2)  Nothing in this section shall be construed to deny
213bond to a person who is charged with a crime and confined to a
214county or municipal detention facility or prevent such person
215from being released from confinement if such person is otherwise
216eligible for release.
217     (3)  The Florida Sheriffs Association shall prepare and
218issue guidelines and procedures for compliance with the
219provisions of this section.
220     Section 6.  Part IV of chapter 23, Florida Statutes,
221consisting of section 23.40, is created to read:
222
PART IV
223
AGENCY ADMINISTRATION OF PUBLIC BENEFITS
224     23.40  Agency administration of public benefits;
225verification of lawful status.--
226     (1)  Except as provided in subsection (3) or where exempted
227by federal law, no later than July 1, 2011, every agency, as
228defined in s. 20.03, shall verify the lawful presence in the
229United States of any natural person 18 years of age or older who
230has applied for state or local public benefits, as defined in 8
231U.S.C. s. 1621, or for federal public benefits, as defined in 8
232U.S.C. s. 1611, that are administered by the agency.
233     (2)  This section shall be enforced without regard to race,
234religion, gender, ethnicity, or national origin.
235     (3)  Verification of an individual's lawful presence in the
236United States under this section shall not be required for:
237     (a)  Any purpose for which lawful presence in the United
238States is not required by law, ordinance, or regulation;
239     (b)  Assistance for health care items and services that are
240necessary for the treatment of an emergency medical condition,
241as defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved
242and are not related to an organ transplant procedure;
243     (c)  Short-term, non-cash, in-kind emergency disaster
244relief;
245     (d)  Public health assistance for immunizations with
246respect to immunizable diseases and for testing and treatment of
247symptoms of communicable diseases whether or not such symptoms
248are caused by a communicable disease;
249     (e)  Programs, services, or assistance such as soup
250kitchens, crisis counseling and intervention, and short-term
251shelter specified by the United States Attorney General, in the
252United States Attorney General's sole and unreviewable
253discretion after consultation with appropriate federal agencies
254and departments, which:
255     1.  Deliver in-kind services at the community level,
256including through public or private nonprofit agencies;
257     2.  Do not condition the provision of assistance, the
258amount of assistance provided, or the cost of assistance
259provided on the individual recipient's income or resources; and
260     3.  Are necessary for the protection of life or safety;
261     (f)  Prenatal care; or
262     (g)  Postsecondary education.
263     (4)  The Board of Governors of the State University System
264shall set forth, or cause to be set forth, policies regarding
265postsecondary education benefits that comply with all applicable
266federal laws, including, but not limited to, those governing
267ineligibility for public benefits as described in 8 U.S.C. s.
2681611, s. 1621, or s. 1623.
269     (5)(a)  Verification of lawful presence in the United
270States by the agency or political subdivision required to make
271such verification shall occur as follows:
272     1.  The applicant for benefits must execute an affidavit
273stating that he or she is a United States citizen or a permanent
274legal resident of the United States and is 18 years of age or
275older; or
276     2.  The applicant for benefits must execute an affidavit
277stating that he or she is a qualified alien or nonimmigrant
278under the federal Immigration and Nationality Act, is 18 years
279of age or older, and is lawfully present in the United States.
280     (b)  Any person who knowingly and willfully makes a false,
281fictitious, or fraudulent statement or representation in an
282affidavit executed pursuant to paragraph (a) commits a
283misdemeanor of the first degree, punishable as provided in s.
284775.082 or s. 775.083.
285     (6)  For any applicant who has executed an affidavit
286attesting to the fact that he or she is an alien lawfully
287present in the United States, verification of an applicant's
288immigration status shall be made through the Systematic Alien
289Verification for Entitlements Program (SAVE) established by the
290United States Citizenship and Immigration Services or a
291successor program designated by the United States Department of
292Homeland Security. Until such verification of eligibility is
293made, the affidavit may be presumed to be proof of lawful
294presence in the United States for the purposes of this section.
295     (7)  In carrying out the provisions of this section,
296agencies shall endeavor to improve efficiency, reduce delay in
297the verification process, and provide for the expedient
298resolution of unique individual circumstances where verification
299procedures would impose an unusual hardship on a legal resident
300of the state.
301     (8)(a)  No agency shall provide any state, local, or
302federal benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in
303violation of this section.
304     (b)  Each state agency or department that administers any
305program of state or local public benefits shall compile an
306annual report with respect to its compliance with this section.
307     (9)  Any and all errors and significant delays by the
308Systematic Alien Verification for Entitlements Program shall be
309reported to the United States Department of Homeland Security
310and to the Secretary of State, who will monitor the program and
311its verification application errors and significant delays and
312report annually on such errors and significant delays to ensure
313that the application of the program is not wrongfully denying
314benefits to legal residents of the state.
315     (10)  Notwithstanding subsection (5), any applicant for
316federal benefits as defined in 8 U.S.C. s. 1611 or state or
317local benefits as defined in 8 U.S.C. s. 1621 shall not be
318guilty of any crime for executing an affidavit attesting to
319lawful presence in the United States that contains a false
320statement if such affidavit is not required by this section.
321     Section 7.  Except as otherwise specifically provided in
322this act, this act shall take effect July 1, 2010.


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