Florida Senate - 2010 SB 856
By Senator Baker
20-00788B-10 2010856__
1 A bill to be entitled
2 An act relating to immigration; providing a short
3 title; amending s. 24.115, F.S.; requiring the
4 Department of the Lottery to verify the citizenship or
5 legal presence in the United States of certain prize
6 winners; creating ss. 125.01075 and 166.0447, F.S.;
7 prohibiting counties and municipalities from adopting
8 ordinances relating to persons illegally present in
9 the United States; creating s. 287.135, F.S.;
10 providing definitions; requiring public employers to
11 participate in a specified federal program to verify
12 the work authorization status of newly hired employees
13 or to verify employee work authorization status
14 through documentation determined equivalent by the
15 Department of Management Services; authorizing the
16 department to adopt rules; amending s. 322.08, F.S.;
17 requiring driver’s license applicants to present proof
18 of United States citizenship or lawful presence in the
19 United States; requiring the Department of Law
20 Enforcement to establish a memorandum of understanding
21 with the federal Department of Homeland Security
22 regarding illegal aliens who are confined in county
23 detention facilities; requiring the Department of Law
24 Enforcement to establish a memorandum of understanding
25 with the Department of Corrections concerning
26 temporary shelter and supervision for individuals
27 identified as illegal aliens; authorizing the
28 Department of Corrections to use current facilities
29 for detention facilities for illegal aliens;
30 authorizing the Department of Corrections to seek
31 federal assistance to reduce costs of detention of
32 illegal aliens; requiring the Secretary of Corrections
33 to establish an advisory workgroup to review sites for
34 detention facilities and to develop state standards
35 for these sites; providing for membership; requiring a
36 report; creating s. 409.954, F.S.; requiring
37 verification of the lawful presence in the United
38 States of persons over a specified age applying for
39 certain public benefits; providing exceptions;
40 requiring execution of an affidavit of eligibility;
41 providing for verification of the affidavit under a
42 specified federal program; providing for penalties for
43 false affidavits; providing for variation of
44 requirements; providing for adjudication of unique
45 individual circumstances due to unusual hardship;
46 prohibiting provision of public benefits in violation
47 of specified provisions; providing for reports;
48 creating part XVII of ch. 468, F.S.; providing
49 legislative findings and intent relating to
50 immigration assistance services; providing
51 definitions; specifying authorized and prohibited
52 services; providing exemptions from regulation;
53 requiring written contracts meeting specified
54 requirements for the provision of immigration
55 assistance services; requiring the posting of
56 specified signage by immigration assistance service
57 providers; regulating advertising by immigration
58 assistance services; providing for applicability of
59 other laws; requiring licensure of immigration
60 assistance service providers; providing licensure
61 requirements; providing for fees; providing for
62 temporary licenses in certain circumstances; providing
63 for license renewal; providing criminal penalties for
64 unlicensed practice; providing penalties for
65 violations by licensees; providing for rulemaking;
66 creating s. 877.28, F.S.; prohibiting specified
67 actions related to transporting or harboring illegal
68 aliens; providing criminal penalties; amending s.
69 903.046, F.S.; including consideration of whether a
70 defendant is legally present in the United States as a
71 factor in bail proceedings; amending s. 905.34, F.S.;
72 providing statewide grand jury jurisdiction for
73 violations of specified provisions relating to
74 transporting or harboring illegal aliens; amending s.
75 943.03, F.S.; requiring the Department of Law
76 Enforcement to establish a hotline for the reporting
77 of immigration law violations and violations of law by
78 nonresidents; requiring verification of the
79 citizenship status of certain persons confined for
80 felony charges; authorizing the Department of Law
81 Enforcement to adopt rules; creating s. 1000.09, F.S.;
82 providing that a person may not attend certain public
83 educational programs or institutions in this state
84 unless he or she is a citizen of the United States or
85 is lawfully present in the United States; amending s.
86 1009.40, F.S.; requiring that a student seeking
87 certain financial aid present evidence that he or she
88 is a citizen of the United States or is lawfully
89 present in the United States; requiring the executive
90 director of the department to negotiate a memorandum
91 of understanding between this state and specified
92 federal agencies concerning enforcement of specified
93 federal laws; authorizing training of certain law
94 enforcement officers pursuant to the memorandum in
95 certain circumstances; authorizing trained officers to
96 enforce federal immigration and customs laws as part
97 of their duties; requiring the Department of Children
98 and Family Services to make a reasonable attempt to
99 verify citizenship before processing applications for
100 specified public benefits; specifying duties of the
101 department if an individual appears to have an illegal
102 status; requiring the Department of Health to
103 establish citizenship of applicants for specified
104 benefits; specifying duties of the department if an
105 individual appears to have an illegal status;
106 requiring the Department of Children and Family
107 Services and the Department of Health to develop and
108 maintain a memorandum of understanding with the
109 Department of Law Enforcement for specified
110 assistance; authorizing the Commissioner of
111 Agriculture to seek a memorandum of understanding with
112 the federal Department of Homeland Security for a bulk
113 labor visa program; providing requirements for such a
114 program; providing for the establishment of a
115 workgroup for specified purposes; providing effective
116 dates.
117
118 Be It Enacted by the Legislature of the State of Florida:
119
120 Section 1. This act may be cited as the “Florida Illegal
121 Immigration Reform Act.”
122 Section 2. Paragraph (h) is added to subsection (1) of
123 section 24.115, Florida Statutes, to read:
124 24.115 Payment of prizes.—
125 (1) The department shall promulgate rules to establish a
126 system of verifying the validity of tickets claimed to win
127 prizes and to effect payment of such prizes; however:
128 (h) The department may not pay any prize, excluding prizes
129 for which payment by retailers has been authorized under
130 paragraph (e), until the department has verified that the winner
131 of that prize is a citizen of the United States or legally
132 present in the United States.
133 Section 3. Section 125.01075, Florida Statutes, is created
134 to read:
135 125.01075 Ordinances relating to illegal aliens.—A county
136 may not adopt an ordinance relating to persons illegally present
137 in the United States.
138 Section 4. Section 166.0447, Florida Statutes, is created
139 to read:
140 166.0447 Ordinances relating to illegal aliens.—A
141 municipality may not adopt an ordinance relating to persons
142 illegally present in the United States.
143 Section 5. Section 287.135, Florida Statutes, is created to
144 read:
145 287.135 Verification of immigration status; public
146 employers.—
147 (1) As used in the section, the term:
148 (a) “Basic Pilot Program” means the electronic verification
149 of work authorization program of the Illegal Immigration Reform
150 and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208,
151 Division C, Title IV, s. 403(a), as amended, operated by the
152 United States Department of Homeland Security or any equivalent
153 federal work authorization program operated by the United States
154 Department of Homeland Security or any other designated federal
155 agency authorized to verify the work authorization status of
156 newly hired employees pursuant to the Immigration Reform and
157 Control Act of 1986, Pub. L. No. 99-603.
158 (b) “Public employer” means any department, agency, or
159 instrumentality of the executive, legislative, or judicial
160 branch of state government.
161 (2) Every public employer shall register and participate in
162 the Basic Pilot Program to verify the work authorization status
163 of all new employees or otherwise verify the work authorization
164 status of employees through review of employee documentation
165 determined by the department to be equivalent.
166 (3) This section shall be enforced without regard to race,
167 religion, gender, ethnicity, or national origin.
168 (4) The department may adopt rules pursuant to ss.
169 120.536(1) and 120.54 to implement this section.
170 Section 6. Paragraph (c) of subsection (2) of section
171 322.08, Florida Statutes, is amended to read:
172 322.08 Application for license.—
173 (2) Each such application shall include the following
174 information regarding the applicant:
175 (c) Proof of identity and of United States citizenship or
176 lawful presence in the United States satisfactory to the
177 department. Such proof must include one of the following
178 documents issued to the applicant:
179 1. A driver’s license record or identification card record
180 from another jurisdiction that required the applicant to submit
181 a document for identification which is substantially similar to
182 a document required under subparagraph 2., subparagraph 3.,
183 subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
184 7., or subparagraph 8.;
185 2. A certified copy of a United States birth certificate;
186 3. A valid, unexpired United States passport;
187 4. A naturalization certificate issued by the United States
188 Department of Homeland Security;
189 5. A valid, unexpired alien registration receipt card
190 (green card);
191 6. A Consular Report of Birth Abroad provided by the United
192 States Department of State;
193 7. An unexpired employment authorization card issued by the
194 United States Department of Homeland Security; or
195 8. Proof of nonimmigrant classification provided by the
196 United States Department of Homeland Security, for an original
197 driver’s license. In order to prove nonimmigrant classification,
198 an applicant may produce the following documents, including, but
199 not limited to:
200 a. A notice of hearing from an immigration court scheduling
201 a hearing on any proceeding.
202 b. A notice from the Board of Immigration Appeals
203 acknowledging pendency of an appeal.
204 c. A notice of the approval of an application for
205 adjustment of status issued by the United States Bureau of
206 Citizenship and Immigration Services.
207 d. Any official documentation confirming the filing of a
208 petition for asylum or refugee status or any other relief issued
209 by the United States Bureau of Citizenship and Immigration
210 Services.
211 e. A notice of action transferring any pending matter from
212 another jurisdiction to this state issued by the United States
213 Bureau of Citizenship and Immigration Services.
214 f. An order of an immigration judge or immigration officer
215 granting any relief that authorizes the alien to live and work
216 in the United States, including, but not limited to, asylum.
217 g. Evidence that an application is pending for adjustment
218 of status to that of an alien lawfully admitted for permanent
219 residence in the United States or conditional permanent resident
220 status in the United States, if a visa number is available
221 having a current priority date for processing by the United
222 States Bureau of Citizenship and Immigration Services.
223 h. On or after January 1, 2010, an unexpired foreign
224 passport with an unexpired United States Visa affixed,
225 accompanied by an approved I-94, documenting the most recent
226 admittance into the United States.
227
228 Presentation of any of the documents in subparagraph 7. or
229 subparagraph 8. entitles the applicant to a driver’s license or
230 temporary permit for a period not to exceed the expiration date
231 of the document presented or 1 year, whichever occurs first.
232 Section 7. The Department of Law Enforcement shall
233 establish a memorandum of understanding with the federal
234 Department of Homeland Security regarding illegal aliens
235 confined in county detention facilities. The memorandum of
236 understanding must provide for reimbursement by the federal
237 Department of Homeland Security for the cost of care and custody
238 of such illegal aliens in county facilities and must provide
239 requirements pertaining to deportation.
240 Section 8. (1) The Department of Law Enforcement shall
241 establish a memorandum of understanding with the Department of
242 Corrections to provide temporary shelter and supervision for
243 individuals detained as undocumented individuals or as illegal
244 aliens. The memorandum of understanding shall include
245 requirements for sheltering and supervision in a minimum
246 security arrangement and a method for collecting costs
247 associated with these detention facilities.
248 (2) The Department of Corrections, through its memorandum
249 of understanding with the Department of Law Enforcement, shall
250 seek federal assistance to provide temporary housing resources,
251 including portables and food assistance through the United
252 States Department of Agriculture grant programs, to help reduce
253 costs associated with detention of undocumented individuals or
254 individuals identified as illegal aliens.
255 (3) The Department of Corrections may use state-owned
256 property located on or near current correctional facilities to
257 house and supervise those individuals detained who are
258 undocumented or identified as illegal aliens.
259 Section 9. The Secretary of Corrections shall appoint an
260 advisory workgroup to review sites for detention facilities for
261 individuals detained who are undocumented or identified as
262 illegal aliens and to develop state standards for these sites.
263 The workgroup shall seek to use the current facilities and
264 resources available to Department of Corrections for detention
265 facilities for individuals detained who are undocumented or
266 identified as illegal aliens to the extent possible to minimize
267 the fiscal impact on state correctional budgets. The membership
268 of the workgroup must include representatives from the Police
269 Benevolent Association and the Fraternal Order of Police. The
270 workgroup may also include legislative staff appointed by the
271 presiding officers of their respective chambers. Members of the
272 workgroup shall serve without compensation for such service. The
273 workgroup shall submit a report with findings and
274 recommendations to the President of the Senate, the Speaker of
275 the House of Representatives, and the secretary by December 31,
276 2010.
277 Section 10. Section 409.954, Florida Statutes, is created
278 to read:
279 409.954 Verification of immigration status for public
280 benefits.—
281 (1) Except as provided in subsection (3) or where exempted
282 by federal law, each agency of the executive, legislative, or
283 judicial branch of state government shall verify the lawful
284 presence in the United States of any natural person 18 years of
285 age or older who has applied for state public benefits as
286 defined in 8 U.S.C. s. 1621 or for federal public benefits as
287 defined in 8 U.S.C. s. 1611 that are administered by that
288 agency.
289 (2) This section shall be enforced without regard to race,
290 religion, gender, ethnicity, or national origin.
291 (3) Verification of lawful presence in the United States
292 under this section is not required for:
293 (a) Any purpose for which lawful presence in the United
294 States is not restricted by law, ordinance, or regulation;
295 (b) Assistance for health care items and services that are
296 necessary for the treatment of an emergency medical condition,
297 as defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved
298 and are not related to an organ transplant procedure;
299 (c) Short-term, noncash, in-kind emergency disaster relief;
300 (d) Public health assistance for immunizations with respect
301 to diseases and for testing and treatment of symptoms of
302 communicable diseases, regardless of whether such symptoms are
303 caused by a communicable disease; or
304 (e) Programs, services, or assistance such as soup
305 kitchens, crisis counseling and intervention, and short-term
306 shelter specified by the United States Attorney General, in the
307 sole and unreviewable discretion of the United States Attorney
308 General after consultation with appropriate federal agencies and
309 departments, which:
310 1. Deliver in-kind services at the community level,
311 including through public or private nonprofit agencies;
312 2. Do not condition the provision of assistance, the amount
313 of assistance provided, or the cost of assistance provided on
314 the income or resources of the individual recipient; and
315 3. Are necessary for the protection of life or safety.
316 (4) Verification of lawful presence in the United States by
317 an agency required to make such verification shall require that
318 the applicant execute an affidavit under penalty of perjury that
319 the applicant is:
320 (a) A United States citizen; or
321 (b) A qualified alien under the Immigration and Nationality
322 Act, 8 U.S.C. ss. 1101 et seq., and is lawfully present in the
323 United States.
324 (5) For any applicant who has executed the affidavit
325 described in paragraph (4)(b), eligibility for benefits shall be
326 made through the Systematic Alien Verification of Entitlement
327 program operated by the United States Department of Homeland
328 Security or a successor program designated by that department.
329 Until such eligibility verification is made, the affidavit may
330 be presumed to be proof of lawful presence for the purposes of
331 this section.
332 (6) Any person who knowingly and willfully makes a false,
333 fictitious, or fraudulent statement or representation in an
334 affidavit executed pursuant to subsection (4) and any person who
335 aids or abets a person in knowingly and willfully making such a
336 statement or representation in an affidavit shall be subject to
337 criminal penalties applicable in this state for fraudulently
338 obtaining public assistance program benefits and must disgorge
339 any benefit received and make restitution to the agency that
340 administered the benefit or entitlement. If the affidavit
341 constitutes a false claim of United States citizenship under 18
342 U.S.C. s. 911, a complaint shall be filed by the agency
343 requiring the affidavit with the appropriate United States
344 Attorney.
345 (7) An agency may adopt variations to the requirements of
346 this section that demonstrably improve the efficiency of or
347 reduce delay in the verification process, or to provide for
348 adjudication of unique individual circumstances where the
349 verification procedures in this section would impose unusual
350 hardship on a legal resident of this state. However, no
351 variation adopted under this subsection may have the effect of
352 eliminating the requirement for verification as provided in
353 subsection (1).
354 (8) An agency may not provide any state or federal benefit,
355 as defined in 8 U.S.C. s. 1611 or s. 1621, in violation of this
356 section.
357 (9) Each agency of the executive, legislative, or judicial
358 branch of state government that administers a program of state
359 public benefits shall provide an annual report to the Secretary
360 of Children and Family Services with respect to its compliance
361 with this section. Any and all incidents of noncompliance shall
362 be reported to the United States Department of Homeland Security
363 by the Secretary of Children and Family Services.
364 Section 11. Effective January 1, 2011, part XVII of chapter
365 468, Florida Statutes, consisting of sections 468.85, 468.851,
366 468.852, and 468.853, Florida Statutes, is created to read:
367 PART XVII
368 IMMIGRATION ASSISTANCE SERVICES
369
370 468.85 Immigration assistance services.—
371 (1) FINDINGS AND INTENT.—The Legislature finds and declares
372 that private individuals who assist persons with immigration
373 matters have a significant impact on the ability of their
374 clients to reside and work within the United States and to
375 establish and maintain stable families and business
376 relationships. The Legislature further finds that that
377 assistance and its impact also have a significant effect on the
378 cultural, social, and economic life of this state and thereby
379 substantially affect the public interest. It is the intent of
380 the Legislature to establish rules of practice and conduct for
381 those individuals to promote honesty and fair dealing with
382 residents and to preserve public confidence.
383 (2) DEFINITIONS.—As used in this part, the term:
384 (a) “Department” means the Department of Business and
385 Professional Regulation.
386 (b) “Immigration assistance services” means any information
387 or action provided or offered to customers or prospective
388 customers related to immigration matters. The term excludes
389 legal advice, recommendation of a specific course of legal
390 action, or provision of any other assistance that requires legal
391 analysis, legal judgment, or interpretation of the law.
392 (c) “Immigration matter” means any proceeding, filing, or
393 action affecting the nonimmigrant, immigrant, or citizenship
394 status of any person that arises under immigration and
395 naturalization law, executive order, or presidential
396 proclamation of the United States or any foreign country or that
397 arises under action of the United States Citizenship and
398 Immigration Services, the United States Department of Labor, or
399 the United States Department of State.
400 (3) AUTHORIZED SERVICES.—A person who provides or offers to
401 provide immigration assistance services may perform only the
402 following services:
403 (a) Completing a government agency form requested by the
404 customer and appropriate to the customer’s needs, provided that
405 the completion of that form does not involve a legal judgment
406 for that particular matter.
407 (b) Transcribing responses to a government agency form that
408 is related to an immigration matter; however, the person may not
409 advise a customer as to the substance of his or her answers on
410 such a form.
411 (c) Translating information on forms to a customer and
412 translating the customer’s answers to questions posed on those
413 forms.
414 (d) Securing for the customer supporting documents
415 currently in existence, such as birth and marriage certificates,
416 that may be required to be submitted with government agency
417 forms.
418 (e) Translating documents from a foreign language into
419 English.
420 (f) Notarizing signatures on government agency forms,
421 provided that the person performing the service is a notary
422 public commissioned in this state and is lawfully present in the
423 United States.
424 (g) Making a referral, without compensation from the
425 attorney, to an attorney who could undertake legal
426 representation for a person in an immigration matter.
427 (h) Preparing or arranging for the preparation of
428 photographs and fingerprints or other biometric identification.
429 (i) Arranging for the performance of medical testing,
430 including X rays and AIDS tests, and the obtaining of reports of
431 such test results.
432 (j) Conducting English language and civics courses
433 necessary for the immigration process.
434 (4) PROHIBITED SERVICES.—A person who provides or offers to
435 provide immigration assistance services may not:
436 (a) Give any legal advice concerning an immigration matter
437 or perform an act constituting the practice of immigration law
438 as defined in 8 C.F.R. s. 1.1(i), (j), (k), or (m).
439 (b) Represent, hold out, or advertise, in connection with
440 the provision of assistance in immigration matters in any
441 language that he or she possesses any title or credential,
442 including, but not limited to, “notary public” or “immigration
443 consultant,” that could cause a customer to believe that the
444 person possesses special professional skills or is authorized to
445 provide advice on an immigration matter.
446 (c) Make any misrepresentation or false statement, directly
447 or indirectly, to influence, persuade, or induce patronage.
448 (d) Retain any compensation for service not performed.
449 (e) Refuse to return documents supplied by, prepared on
450 behalf of, or paid for by the customer upon the request of the
451 customer even if subject to a fee dispute.
452 (5) EXEMPTIONS.—This part does not apply to:
453 (a) An attorney licensed to practice law in any state or
454 territory of the United States, or in any foreign country when
455 authorized to practice in this state by the Florida Supreme
456 Court, to the extent the attorney provides immigration
457 assistance services in the course of practicing as an attorney.
458 (b) A nonlawyer assistant employed by and under the direct
459 supervision of a licensed attorney described in paragraph (a)
460 and providing immigration assistance services in the course of
461 the assistant’s employment.
462 (c) A not-for-profit organization recognized by the Board
463 of Immigration Appeals under 8 C.F.R. s. 292.2(a), employees of
464 those organizations accredited under 8 C.F.R. s. 292.2(d), and
465 designated entities as defined in 8 C.F.R. s. 245a.1.
466 (d) An organization employing or desiring to employ an
467 alien or nonimmigrant alien, which organization, its employees,
468 or its agents provide advice or assistance in immigration
469 matters to alien or nonimmigrant alien employees or potential
470 employees without compensation from the individuals to whom the
471 advice or assistance is provided.
472 (6) CONTRACT.—
473 (a) Except as otherwise provided in this subsection, before
474 providing any assistance in an immigration matter, a person
475 shall provide the customer with a written contract that includes
476 the following:
477 1. An explanation of the services to be performed.
478 2. Identification of all compensation and costs to be
479 charged to the customer for the services to be performed.
480 3. A statement that documents submitted in support of an
481 application for nonimmigrant, immigrant, or naturalization
482 status may not be retained by the person for any purpose,
483 including payment of compensation or costs.
484 (b) The written contract shall be in both English and in
485 the language of the customer.
486 (c) This subsection does not apply to a not-for-profit
487 organization that provides advice or assistance in immigration
488 matters to clients without charge beyond a reasonable fee to
489 reimburse the organization’s reasonable costs relating to
490 providing immigration assistance services to that client.
491 (7) SIGNAGE.—Any person who provides or offers to provide
492 immigration assistance services and is not exempted from this
493 part shall post signs at his or her place of business setting
494 forth information in English and in every other language in
495 which the person provides or offers to provide immigration
496 assistance services. Each language shall be on a separate sign.
497 Signs shall be posted in a location where the signs will be
498 visible to customers, and no text on the sign shall be in a font
499 size less than one-half of the size of the largest font used
500 elsewhere on the sign. Each sign shall be at least 11 inches by
501 17 inches and shall contain the following:
502 (a) In a font size no less than three-quarters of the
503 largest font size used elsewhere on the sign, the statement: “I
504 AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE
505 LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”
506 (b) In a font size no less than three-quarters of the
507 largest font size used elsewhere on the sign, the statement: “I
508 AM NOT ACCREDITED TO REPRESENT YOU BEFORE UNITED STATES
509 CITIZENSHIP AND IMMIGRATION SERVICES AND THE BOARD OF
510 IMMIGRATION APPEALS.”
511 (c) The fee schedule.
512 (d) The statement: “You may cancel any contract within 3
513 working days and get your money back for services not
514 performed.”
515 (e) A statement that a copy of the contract shall be
516 provided to the customer upon the customer’s execution of the
517 contract.
518 (f) A statement that any documents of the type identified
519 in subparagraph (6)(a)3. shall be returned upon demand of the
520 customer.
521 (g) A statement that the customer has the right to rescind
522 a contract within 72 hours after his or her signing of the
523 contract.
524 (h) Any additional information the department may require
525 by rule.
526 (8) ADVERTISING.—
527 (a) Every person providing immigration assistance services
528 who is not an attorney and who advertises immigration assistance
529 services in a language other than English:
530 1. In any written form or medium containing writing, with
531 the exception of a single desk plaque, shall include in the
532 advertisement the following notice in English and any other
533 language in which writing appears: “I AM NOT AN ATTORNEY
534 LICENSED TO PRACTICE LAW IN FLORIDA AND MAY NOT GIVE LEGAL
535 ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” This notice shall be of
536 a conspicuous size.
537 2. Through radio, television, or any other audio or video
538 medium, shall include substantially the same message as provided
539 in subparagraph 1. in English and in any other language used in
540 the advertisement.
541 (b) Any person who provides or offers to provide
542 immigration assistance services and is not exempted from this
543 part may not, in any document, advertisement, stationery,
544 letterhead, business card, or other comparable written material,
545 literally translate from English into another language terms or
546 titles including, but not limited to, notary public, notary,
547 licensed, attorney, lawyer, or any other term that implies the
548 person is an attorney.
549 (9) OTHER LAWS.—This part does not regulate any business to
550 the extent that such regulation is prohibited or preempted by
551 state or federal law.
552 468.851 Licensure.—
553 (1) Any person who provides immigration assistance services
554 in this state must be licensed pursuant to this part.
555 (2) The department shall issue a license to provide
556 immigration services to any person who meets the following
557 requirements:
558 (a) Is at least 18 years of age.
559 (b) Is of good moral character.
560 (c) Has completed the application form and remitted an
561 application fee and all other applicable fees provided for in
562 this part or chapter 455. The department, by rule, shall
563 establish biennial fees for initial licensure, renewal of
564 licensure, and reinstatement of licensure, none of which fees
565 may exceed $400. The department shall also charge each applicant
566 the actual cost for fingerprint analysis in addition to the
567 application fee. The department may, by rule, establish a
568 delinquency fee of no more than $50. The fees shall be adequate
569 to proportionately fund the expenses of the department that are
570 allocated to the regulation of providers of immigration
571 assistance services under this part and shall be based on the
572 department’s estimate of the revenue required to administer this
573 part.
574 (d) Has submitted to the department a fingerprint card for
575 a criminal history records check. The fingerprint card shall be
576 forwarded to the Division of Criminal Justice Information
577 Systems within the Department of Law Enforcement for purposes of
578 processing the fingerprint card to determine whether the
579 applicant has a criminal history record. The fingerprint card
580 shall also be forwarded to the Federal Bureau of Investigation
581 for purposes of processing the fingerprint card to determine
582 whether the applicant has a criminal history record. The
583 information obtained by the processing of the fingerprint card
584 by the Department of Law Enforcement and the Federal Bureau of
585 Investigation shall be sent to the department for the purpose of
586 determining whether the applicant is statutorily qualified for
587 licensure.
588 (e) Has not in any jurisdiction, within the preceding 5
589 years, been convicted or found guilty of or entered a plea of
590 nolo contendere for, regardless of adjudication, a crime that
591 relates to the applicant’s provision of or offer to provide
592 immigration assistance services.
593 (3) A license issued under this section is not
594 transferable.
595 (4) The department may issue a temporary license while an
596 application for licensure is pending. If the department issues a
597 notice of intent to deny the license application, the initial
598 temporary license expires and may not be extended during any
599 proceeding or administrative or judicial review.
600 (5) The department shall renew a license pursuant to
601 procedures provided for in s. 455.203.
602 468.852 Violations.—
603 (1) A person, unless exempt under s. 468.85, may not
604 provide immigration assistance services unless the person holds
605 an active license pursuant to this part. A person who violates
606 this subsection commits a misdemeanor of the first degree,
607 punishable as provided in s. 775.082 or s. 775.083.
608 (2) When the department finds a licensee guilty of any
609 violation of s. 468.85, the department may enter an order
610 imposing one or more of the penalties provided in s. 455.227 and
611 an administrative fine not to exceed $25,000 for each separate
612 offense.
613 468.853 Rulemaking authority.—The department may adopt
614 rules pursuant to ss. 120.536(1) and 120.54 necessary to
615 administer and enforce this part.
616 Section 12. Section 877.28, Florida Statutes, is created to
617 read:
618 877.28 Offenses concerning illegal aliens.—
619 (1) It is unlawful for any person to:
620 (a) Transport, move, or attempt to transport or move within
621 the United States any alien while knowing or in reckless
622 disregard of the fact that the alien has come to, entered, or
623 remained in the United States in violation of law in furtherance
624 of the illegal presence of the alien in the United States.
625 (b) Conceal, harbor, or shelter from detection any alien in
626 any place, including any building or means of transportation,
627 while knowing or in reckless disregard of the fact that the
628 alien has come to, entered, or remained in the United States in
629 violation of law in furtherance of the illegal presence of the
630 alien in the United States.
631 (2) Any person who violates this section commits a
632 misdemeanor of the first degree, punishable as provided in s.
633 775.082 or s. 775.083.
634 Section 13. Paragraphs (k) and (l) of subsection (2) of
635 section 903.046, Florida Statutes, are redesignated as
636 paragraphs (l) and (m), respectively, and a new paragraph (k) is
637 added to that subsection to read:
638 903.046 Purpose of and criteria for bail determination.—
639 (2) When determining whether to release a defendant on bail
640 or other conditions, and what that bail or those conditions may
641 be, the court shall consider:
642 (k) Whether the defendant is an alien who has come to,
643 entered, or remained in the United States in violation of law.
644 Section 14. Subsections (11) and (12) of section 905.34,
645 Florida Statutes, are amended, and subsection (13) is added to
646 that section, to read:
647 905.34 Powers and duties; law applicable.—The jurisdiction
648 of a statewide grand jury impaneled under this chapter shall
649 extend throughout the state. The subject matter jurisdiction of
650 the statewide grand jury shall be limited to the offenses of:
651 (11) Any criminal violation of the Florida Money Laundering
652 Act; or
653 (12) Any criminal violation of the Florida Securities and
654 Investor Protection Act; or
655 (13) Any criminal violation of s. 877.28;
656
657 or any attempt, solicitation, or conspiracy to commit any
658 violation of the crimes specifically enumerated above, when any
659 such offense is occurring, or has occurred, in two or more
660 judicial circuits as part of a related transaction or when any
661 such offense is connected with an organized criminal conspiracy
662 affecting two or more judicial circuits. The statewide grand
663 jury may return indictments and presentments irrespective of the
664 county or judicial circuit where the offense is committed or
665 triable. If an indictment is returned, it shall be certified and
666 transferred for trial to the county where the offense was
667 committed. The powers and duties of, and law applicable to,
668 county grand juries shall apply to a statewide grand jury except
669 when such powers, duties, and law are inconsistent with the
670 provisions of ss. 905.31-905.40.
671 Section 15. Subsection (15) is added to section 943.03,
672 Florida Statutes, to read:
673 943.03 Department of Law Enforcement.—
674 (15) The department shall establish a hotline for reporting
675 any allegations of immigration law violations and violations of
676 law by nonresidents.
677 Section 16. (1) When a person charged with a felony
678 violation is confined for any period in a jail or detention
679 facility, a reasonable effort shall be made to determine the
680 citizenship status of that person.
681 (2) If the prisoner is a foreign national, the entity
682 holding the person shall make a reasonable effort to verify that
683 the prisoner has been lawfully admitted to the United States
684 and, if lawfully admitted, that such lawful status has not
685 expired. If verification of lawful status cannot be made from
686 documents in the possession of the prisoner, verification shall
687 be made within 48 hours after the beginning of the confinement
688 in subsection (1) through a query to the United States
689 Department of Homeland Security. If the prisoner is determined
690 not to be lawfully admitted to the United States, the entity
691 holding the person shall notify the United States Department of
692 Homeland Security.
693 (3) For the purpose of determining the grant or issuance of
694 bond, a person who pursuant to subsection (2) has been
695 determined to be a foreign national who has not been lawfully
696 admitted to the United States shall be deemed to be a risk of
697 flight.
698 (4) The Department of Law Enforcement may adopt rules
699 pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
700 implement this section.
701 Section 17. Effective July 1, 2010, section 1000.09,
702 Florida Statutes, is created to read:
703 1000.09 Citizenship or legal residency requirement.—A
704 person may not attend a public prekindergarten or public K-20
705 school, charter school, or educational institution in this state
706 unless he or she is a citizen of the United States or is
707 lawfully present in the United States.
708 Section 18. Effective July 1, 2010, paragraph (a) of
709 subsection (1) of section 1009.40, Florida Statutes, is amended
710 to read:
711 1009.40 General requirements for student eligibility for
712 state financial aid awards and tuition assistance grants.—
713 (1)(a) The general requirements for eligibility of students
714 for state financial aid awards and tuition assistance grants
715 consist of the following:
716 1. Achievement of the academic requirements of and
717 acceptance at a state university or community college; a nursing
718 diploma school approved by the Florida Board of Nursing; a
719 Florida college, university, or community college which is
720 accredited by an accrediting agency recognized by the State
721 Board of Education; any Florida institution the credits of which
722 are acceptable for transfer to state universities; any career
723 center; or any private career institution accredited by an
724 accrediting agency recognized by the State Board of Education.
725 2. Residency in this state for no less than 1 year
726 preceding the award of aid or a tuition assistance grant for a
727 program established pursuant to s. 1009.50, s. 1009.505, s.
728 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
729 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
730 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
731 Residency in this state must be for purposes other than to
732 obtain an education. Resident status for purposes of receiving
733 state financial aid awards shall be determined in the same
734 manner as resident status for tuition purposes pursuant to s.
735 1009.21.
736 3. Submission of certification attesting to the accuracy,
737 completeness, and correctness of information provided to
738 demonstrate a student’s eligibility to receive state financial
739 aid awards or tuition assistance grants. Falsification of such
740 information shall result in the denial of any pending
741 application and revocation of any award or grant currently held
742 to the extent that no further payments shall be made.
743 Additionally, students who knowingly make false statements in
744 order to receive state financial aid awards or tuition
745 assistance grants commit a misdemeanor of the second degree
746 subject to the provisions of s. 837.06 and shall be required to
747 return all state financial aid awards or tuition assistance
748 grants wrongfully obtained.
749 4. Submission of evidence that the student is a citizen of
750 the United States or is lawfully present in the United States.
751 Section 19. (1) The executive director of the Department of
752 Law Enforcement shall negotiate the terms of a memorandum of
753 understanding between this state and the United States
754 Department of Justice or the United States Department of
755 Homeland Security concerning the enforcement of federal
756 immigration and customs laws, detentions and removals, and
757 investigations in this state. The memorandum of understanding
758 shall be signed on behalf of this state by the executive
759 director of the Department of Law Enforcement and the Governor
760 or as otherwise required by the appropriate federal agency.
761 (2) The executive director of the Department of Law
762 Enforcement may designate appropriate law enforcement officers
763 to be trained pursuant to the memorandum of understanding;
764 however, no training shall take place until funding is secured.
765 The Secretary of Corrections, a county sheriff, or the governing
766 body of a municipality that maintains a police force may enter
767 into the memorandum as a party and provide officers to be
768 trained. Any such officer certified as trained in accordance
769 with the memorandum may enforce federal immigration and customs
770 laws while performing within the scope of his or her duties.
771 Section 20. (1) The Department of Children and Family
772 Services shall make a reasonable attempt to verify an
773 applicant’s citizenship before processing an application for
774 state food stamp benefits, determining eligibility for Medicaid
775 services, or processing any other application for financial
776 assistance. During a periodic review of eligibility for
777 benefits, the Department of Children and Family Services shall
778 make every effort to confirm citizenship and report any changes
779 to the Department of Law Enforcement’s statewide hotline
780 operated under s. 943.03(15), Florida Statutes, as created by
781 this act.
782 (2) Upon detection of an individual who appears to have an
783 illegal status, the Department of Children and Family Services
784 shall report the individual to the Department of Law
785 Enforcement’s statewide hotline operated under s. 943.03(15),
786 Florida Statutes, as created by this act, to ensure proper
787 reporting of such individuals. If children are involved, the
788 Department of Children and Family Services shall also contact
789 the child abuse hotline to ensure the safety and protection of
790 such children.
791 Section 21. The Department of Health, for the purpose of
792 determining eligibility for department services or funding
793 related to Social Security or health benefits, shall establish
794 policies and procedures to ensure that the citizenship of an
795 applicant is established. The Department of Health shall report
796 any individual suspected of being an illegal alien or not
797 meeting citizenship requirements to the Department of Law
798 Enforcement’s statewide hotline operated under s. 943.03(15),
799 Florida Statutes, as created by this act.
800 Section 22. The Department of Children and Family Services
801 and the Department of Health shall develop and maintain a
802 memorandum of understanding with the Department of Law
803 Enforcement for its assistance in identifying and reducing the
804 provision of state-funded services to individuals residing
805 illegally in the United States.
806 Section 23. (1) The Commissioner of Agriculture may seek a
807 memorandum of understanding with the federal Department of
808 Homeland Security to establish requirements and standards for a
809 bulk labor visa program for agriculture in this state. Such
810 requirements and standards shall include, but are not limited
811 to:
812 (a) Provision for written agreements between farming
813 communities and the Department of Agriculture and Consumer
814 Services to allow a certified farmer to apply for a bulk labor
815 visa in order to import guest workers for the specific purpose
816 of harvesting and processing crops and performing any other
817 duties identified by the Commissioner of Agriculture as critical
818 to the success of agriculture in this state.
819 (b) Specification of responsibilities of a holder of a bulk
820 labor visa, including housing imported guest workers,
821 supervising their whereabouts while in the United States,
822 ensuring that their health and safety are adequately addressed,
823 and assisting them in returning to their home countries when
824 they desire to do so or upon expiration of the bulk labor visa.
825 (2) The Commissioner of Agriculture shall establish an
826 advisory workgroup to help establish standards and ensure the
827 proper oversight and management of guest workers temporarily in
828 the state under the bulk visa program.
829 Section 24. Except as otherwise expressly provided in this
830 act and except for this section, which shall take effect July 1,
831 2010, this act shall take effect October 1, 2010.