CS/CS/HB 219

1	A bill to be entitled
2	An act relating to immigration; creating s. 287.0575,
3	F.S.; providing definitions; prohibiting agencies from
4	entering into a contract for contractual services with
5	contractors not registered and participating in a federal
6	work authorization program by a specified date; providing
7	procedures and requirements with respect to the
8	registration of contractors and subcontractors; providing
9	for enforcement; providing a schedule for phased
10	compliance; requiring the Department of Management
11	Services to promulgate rules; specifying causes of action
12	for which a contractor or subcontractor registered with
13	and participating in a federal work authorization program
14	may not be held civilly liable; creating s. 337.163, F.S.;
15	providing definitions; prohibiting the Department of
16	Transportation from entering into a contract for
17	contractual services with contractors not registered and
18	participating in a federal work authorization program by a
19	specified date; providing procedures and requirements with
20	respect to the registration of contractors and
21	subcontractors; providing for enforcement; providing a
22	schedule for phased compliance; requiring the department
23	to promulgate rules; specifying causes of action for which
24	a contractor or subcontractor registered with and
25	participating in a federal work authorization program may
26	not be held civilly liable; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Section 287.0575, Florida Statutes, is created
31	to read:
32	287.0575  Compliance with federal work authorization
33	programs.-
34	(1)  As used in this section, the term:
35	(a)  "Federal work authorization program" means any program
36	operated by the United States Department of Homeland Security
37	that provides electronic verification of work authorization
38	issued by the United States Citizenship and Immigration Services
39	or any equivalent federal work authorization program operated by
40	the United States Department of Homeland Security that provides
41	for the verification of information regarding newly hired
42	employees under the Immigration Reform and Control Act of 1986,
43	Pub. L. No. 99-603.
44	(b)  "Subcontractor" means a person who enters into a
45	contract with a contractor for the performance of any part of
46	such contractor's contract.
47	(2)  An agency may not enter into a contract under s.
48	287.057 for contractual services unless the contractor registers
49	and participates in a federal work authorization program.
50	(3)  A contractor who receives a contract award under s.
51	287.057 for contractual services may not execute a contract,
52	purchase order, or subcontract in connection with the award
53	unless the contractor and all subcontractors providing services
54	for the contractor register and participate in a federal work
55	authorization program. The contractor shall certify in writing
56	to the agency that it is in compliance with this subsection.
57	(4)  A contractor shall ensure that each subcontractor
58	providing services for the contractor registers and participates
59	in a federal work authorization program. Each subcontractor
60	shall certify in writing to the contractor that it is in
61	compliance with this subsection.
62	(5)  Subsections (2), (3), and (4) shall apply as follows:
63	(a)  On or after July 1, 2011, with respect to contractors
64	or subcontractors employing 500 or more employees.
65	(b)  On or after July 1, 2012, with respect to contractors
66	or subcontractors employing 100 or more employees.
67	(c)  On or after July 1, 2013, with respect to all
68	contractors or subcontractors.
69	(6)  This section shall be enforced without regard to race,
70	religion, gender, ethnicity, or national origin.
71	(7)  The department shall promulgate rules to provide a
72	process of verification of compliance with a federal work
73	authorization program.
74	(8)  A contractor or subcontractor registered with and
75	participating in a federal work authorization program may not be
76	held civilly liable in a cause of action for the contractor's or
77	subcontractor's:
78	(a)  Unlawful hiring of an unauthorized alien, as defined
79	in 8 U.S.C. s. 1324a, if the information obtained in accordance
80	with the status verification system indicated that the
81	employee's federal legal status allowed the contractor or
82	subcontractor to hire the employee; or
83	(b)  Refusal to hire an individual if the information
84	obtained in accordance with the status verification system
85	indicated that the individual's federal legal status was that of
86	an unauthorized alien as defined in 8 U.S.C. s. 1324a.
87	Section 2.  Section 337.163, Florida Statutes, is created
88	to read:
89	337.163  Compliance with federal work authorization
90	program.-
91	(1)  As used in this section, the term:
92	(a)  "Federal work authorization program" means any program
93	operated by the United States Department of Homeland Security
94	that provides electronic verification of work authorization
95	issued by the United States Citizenship and Immigration Services
96	or any equivalent federal work authorization program operated by
97	the United States Department of Homeland Security that provides
98	for the verification of information regarding newly hired
99	employees under the Immigration Reform and Control Act of 1986,
100	Pub. L. No. 99-603.
101	(b)  "Subcontractor" means a person who enters into a
102	contract with a contractor for the performance of any part of
103	such contractor's contract.
104	(2)  The department may not enter into a contract under
105	this chapter for contractual services unless the contractor
106	registers and participates in a federal work authorization
107	program.
108	(3)  A contractor who receives a contract award under this
109	chapter for contractual services may not execute a contract,
110	purchase order, or subcontract in connection with the award
111	unless the contractor and all subcontractors providing services
112	for the contractor register and participate in a federal work
113	authorization program. The contractor shall certify in writing
114	to the department that it is in compliance with this subsection.
115	(4)  A contractor shall ensure that each subcontractor
116	providing services for the contractor registers and participates
117	in a federal work authorization program. Each subcontractor
118	shall certify in writing to the contractor that it is in
119	compliance with this subsection.
120	(5)  Subsections (2), (3), and (4) shall apply as follows:
121	(a)  On or after July 1, 2011, with respect to contractors
122	or subcontractors employing 500 or more employees.
123	(b)  On or after July 1, 2012, with respect to contractors
124	or subcontractors employing 100 or more employees.
125	(c)  On or after July 1, 2013, with respect to all
126	contractors or subcontractors.
127	(6)  This section shall be enforced without regard to race,
128	religion, gender, ethnicity, or national origin.
129	(7)  The department shall promulgate rules to provide a
130	process of verification of compliance with a federal work
131	authorization program.
132	(8)  A contractor or subcontractor registered with and
133	participating in a federal work authorization program may not be
134	held civilly liable in a cause of action for the contractor's or
135	subcontractor's:
136	(a)  Unlawful hiring of an unauthorized alien, as defined
137	in 8 U.S.C. s. 1324a, if the information obtained in accordance
138	with the status verification system indicated that the
139	employee's federal legal status allowed the contractor or
140	subcontractor to hire the employee; or
141	(b)  Refusal to hire an individual if the information
142	obtained in accordance with the status verification system
143	indicated that the individual's federal legal status was that of
144	an unauthorized alien as defined in 8 U.S.C. s. 1324a.
145	Section 3.  This act shall take effect July 1, 2010.

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