HB 1C

1
A bill to be entitled
2An act relating to immigration; designating ss. 787.01,
3787.02, 787.025, 787.03, 787.04, 787.05, and 787.06, F.S.,
4as pt. I of ch. 787, F.S., and providing a title; creating
5pt. II of ch. 787, F.S., and providing a title; providing
6a short title; providing legislative intent; providing
7definitions; prohibiting an official or agency of the
8state or of a county, municipality, or other political
9subdivision of the state from limiting or restricting the
10enforcement of federal immigration laws to less than the
11full extent permitted by federal law; requiring that for
12any lawful stop, detention, or arrest made by a law
13enforcement officer or a law enforcement agency of the
14state or of a county, municipality, or other political
15subdivision of the state in the enforcement of any law or
16ordinance of a county, municipality, or the state where
17reasonable suspicion exists that the person stopped,
18detained, or arrested is an alien and is unlawfully
19present in the United States a reasonable attempt be made
20to determine the immigration status of the person;
21requiring determination of an arrested person's
22immigration status prior to release; providing a method of
23verification of immigration status; authorizing a law
24enforcement officer or agency of this state or a county,
25municipality, or other political subdivision of this state
26to obtain access to the federal E-Verify program;
27prohibiting the consideration of race, color, or national
28origin in implementing such requirements; specifying forms
29of identification that constitute a presumption of lawful
30presence in the United States; requiring notification of
31specified federal immigration authorities of the discharge
32from imprisonment of an alien who is unlawfully present in
33the United States and who has been convicted of a
34violation of state or local law; authorizing law
35enforcement agencies to transport an alien who is
36confirmed to be unlawfully present in the United States
37for transfer into federal custody; requiring judicial
38authorization prior to transport; providing accepted
39methods of determining an alien's immigration status in
40the implementation of the act; prohibiting officials or
41agencies of the state and of counties, municipalities, and
42other political subdivisions of the state from being
43prohibited or in any way restricted from sending,
44receiving, or maintaining information relating to the
45immigration status of any individual or exchanging that
46information with any other federal, state, or local
47governmental entity for specified official purposes;
48providing that the provisions of the act do not implement,
49authorize, or establish the Real ID Act of 2005;
50authorizing a legal resident of the state to bring a court
51action to challenge any official or agency of the state or
52of a county, municipality, or other political subdivision
53of the state that adopts or implements a policy that
54limits or restricts the enforcement of federal immigration
55laws to less than the full extent permitted by federal
56law; providing a civil penalty for violation; providing
57for deposit of civil penalties; providing for costs and
58attorney's fees; requiring indemnification of law
59enforcement officers by an employing law enforcement
60agency in specified actions; providing requirements with
61respect to implementation of the section; providing that
62violation of specified federal law constitutes the offense
63of willful failure to complete or carry an alien
64registration document; providing for determination of an
65alien's immigration status; prohibiting consideration of
66race, color, or national origin in the enforcement of the
67section; providing that a person sentenced under the
68section is not eligible for any form of discretionary
69early release prior to serving the minimum sentence;
70providing applicability; providing for admissibility of
71certain records in court; providing penalties;
72establishing the offense of smuggling human beings for
73profit or commercial purpose; providing penalties;
74providing enhanced penalties for the offense of smuggling
75human beings for profit or commercial purpose when the
76person who is smuggled is under 18 years of age and is not
77accompanied by a family member over 18 years of age, or
78when the offense involved the use of a deadly weapon or
79dangerous instrument; providing enhanced penalties for the
80offense of smuggling human beings for profit or commercial
81purpose when the offense involves the use or threatened
82use of deadly physical force; providing that a person
83sentenced for such offense is not eligible for any form of
84discretionary early release prior to serving the minimum
85sentence; providing that in the enforcement of the section
86a law enforcement officer may lawfully stop any person who
87is operating a motor vehicle if the officer has reasonable
88suspicion to believe the person is in violation of any
89civil traffic law; providing definitions; providing that
90it is unlawful for an occupant of a motor vehicle that is
91stopped on a street, roadway, or highway to attempt to
92hire or hire and pick up passengers for work at a
93different location if the motor vehicle blocks or impedes
94the normal movement of traffic; providing a penalty;
95providing that it is unlawful for a person to enter such a
96motor vehicle in order to be hired for work by an occupant
97of the motor vehicle and then transported to work;
98providing a penalty; providing that it is unlawful for a
99person who is unlawfully present in the United States and
100who is an unauthorized alien to knowingly apply for work,
101solicit work in a public place, or perform work as an
102employee or independent contractor in this state;
103providing a penalty; prohibiting the consideration of
104race, color, or national origin in the enforcement of the
105section; providing for determination of an alien's
106immigration status; providing definitions; prohibiting the
107actual or attempted transporting or moving of an alien in
108the state in furtherance of the illegal presence of the
109alien in the United States in knowing or reckless
110disregard of the fact of the alien's unlawful presence;
111prohibiting the actual or attempted concealing, harboring,
112or shielding of an alien from detection in knowing or
113reckless disregard of the fact of the alien's unlawful
114presence in the United States; prohibiting encouraging or
115inducing an alien to enter or reside in the state in
116knowing or reckless disregard of the fact that such entry
117or residence is or will be a violation of law; providing
118that a means of transportation used in the commission of a
119violation of the section is subject to mandatory
120immobilization or impoundment; prohibiting the
121consideration of race, color, or national origin in the
122enforcement of the section; providing for the
123determination of an alien's immigration status; providing
124nonapplicability; providing a penalty and specifying a
125fine; providing an enhanced penalty for violations
126involving 10 or more illegal aliens; specifying fines;
127prohibiting an employer from knowingly or intentionally
128employing an unauthorized alien; providing construction
129with respect to such employment by contract, subcontract,
130or other independent contractor agreement; requiring the
131Attorney General to prescribe a complaint form to allege a
132violation of such prohibited employment; providing
133procedures and requirements with respect to submission of
134complaints and investigation of an alleged violation by
135the Attorney General or county attorney; prohibiting the
136Attorney General or county attorney from investigating
137complaints that are based solely on race, color, or
138national origin; providing a penalty for knowingly filing
139a false or frivolous complaint; providing specified notice
140requirements of the Attorney General or county attorney
141when investigating a legitimate complaint; providing for
142an action to be brought against an employer by the county
143attorney in the county where the unauthorized alien
144employee is or was employed; prohibiting actions against
145any employer for any violation occurring prior to a
146specified date; providing for expedited court actions;
147specifying court-ordered penalties for a first violation
148of the section, including probation of the employer and
149suspension of licenses; specifying court-ordered penalties
150for a second violation of the section, including permanent
151revocation of licenses; requiring the Attorney General to
152maintain copies of court orders and maintain a database;
153providing that the Federal Government's determination of
154lawful or unlawful presence creates a rebuttable
155presumption of the employee's lawful status; providing
156that proof of verifying the employment authorization of an
157employee through the federal E-Verify program creates a
158rebuttable presumption that an employer did not
159intentionally employ an unauthorized alien; providing that
160an employer that establishes that it has complied in good
161faith with specified federal requirements establishes an
162affirmative defense that the employer did not
163intentionally employ an unauthorized alien; providing that
164entrapment is an affirmative defense to a violation by an
165employer; specifying requirements with respect to a claim
166of and the establishment of entrapment; requiring
167employers, after hiring an employee, to verify the
168employment eligibility of the employee through the federal
169E-Verify program; providing recordkeeping requirements of
170employers; requiring employer registration and
171participation in the federal E-Verify program as a
172precondition to receipt of an economic development
173incentive from a government entity; providing procedures
174with respect to compliance with the requirement; requiring
175repayment to the government entity of all funds received
176as an economic development incentive upon determination of
177noncompliance; providing definitions; requiring a law
178enforcement officer to remove and immobilize or impound a
179vehicle if the officer determines that a person is
180operating the vehicle while in furtherance of the illegal
181presence of an alien in the United States or is
182transporting or moving or attempting to transport or move
183an alien in this state in a vehicle in knowing or reckless
184disregard of the fact that the alien has entered or
185remains in the United States in violation of law;
186requiring removal and immobilization or impoundment of a
187vehicle if the operator is concealing, harboring, or
188shielding from detection an alien in this state in a
189vehicle in knowing or reckless disregard of the fact that
190the alien has entered or remains in the United States in
191violation of law; specifying the period of impoundment or
192immobilization; providing that specified persons shall be
193provided with an opportunity for an immobilization or
194poststorage hearing to determine the validity of the
195impoundment or immobilization of a vehicle; providing
196procedures and requirements with respect to immobilization
197or poststorage hearings; providing specified notice
198requirements; amending s. 901.15, F.S.; authorizing a law
199enforcement officer to arrest a person without a warrant
200when the officer has probable cause to believe that the
201person to be arrested has committed any public offense
202that makes the person removable from the United States;
203repealing s. 787.07, F.S., which provides a penalty for
204transporting into this state an individual illegally
205entering the United States from another country; providing
206severability, implementation, and construction of the act;
207requiring the Attorney General to act at the direction of
208the Governor in any challenge in a state or federal court
209to this act and any amendments thereto; authorizing the
210Governor to direct counsel other than the Attorney General
211to appear on behalf of this state to defend any challenge
212to this act and any amendments thereto; providing an
213effective date.
214
215Be It Enacted by the Legislature of the State of Florida:
216
217     Section 1.  Sections 787.01, 787.02, 787.025, 787.03,
218787.04, 787.05, and 787.06, Florida Statutes, are designated as
219part I of chapter 787, Florida Statutes, and entitled
220"KIDNAPPING; FALSE IMPRISONMENT; LURING OR ENTICING A CHILD;
221CUSTODY OFFENSES."
222     Section 2.  Part II of chapter 787, Florida Statutes,
223consisting of sections 787.10, 787.12, 787.14, 787.16, 787.18,
224787.20, 787.22, 787.24, 787.26, 787.28, 787.30, and 787.32, is
225created to read:
226
227
PART II
228
IMMIGRATION
229
230     787.10  Short title.-This part may be cited as the "Florida
231Immigration Enforcement Act of 2010."
232     787.12  Legislative intent.-The Legislature finds that
233there is a compelling interest in the cooperative enforcement of
234federal immigration laws throughout all of this state. The
235Legislature declares that the intent of this part is to make
236attrition through enforcement the public policy of all state and
237local government agencies in this state. The provisions of this
238part are intended to work together to discourage and deter the
239unlawful entry and presence of aliens and economic activity by
240persons unlawfully present in the United States.
241     787.14  Definitions.-As used in this part:
242     (1)  Except as otherwise specifically provided, the terms
243of this part regarding immigration shall be construed to have
244the meanings given to them under federal immigration law.
245     (2)  "Law enforcement officer" has the same meaning as
246provided in s. 943.10.
247     787.16  Cooperation and assistance in enforcement of
248immigration laws; indemnification.-
249     (1)  An official or agency of this state or of a county,
250municipality, or other political subdivision of this state may
251not limit or restrict the enforcement of federal immigration
252laws to less than the full extent permitted by federal law.
253     (2)  For any lawful stop, detention, or arrest made by a
254law enforcement officer or a law enforcement agency of this
255state or of a county, municipality, or other political
256subdivision of this state in the enforcement of any other law or
257ordinance of a county, municipality, or this state where
258reasonable suspicion exists that the person stopped, detained,
259or arrested is an alien and is unlawfully present in the United
260States, a reasonable attempt shall be made, when practicable, to
261determine the immigration status of the person, except if the
262determination may hinder or obstruct an investigation. Any
263person who is arrested shall have his or her immigration status
264determined before he or she is released. The person's
265immigration status shall be verified with the Federal Government
266pursuant to 8 U.S.C. s. 1373(c). A law enforcement officer or
267agency of this state or a county, municipality, or other
268political subdivision of this state is authorized to obtain
269access to the federal E-Verify program in order to implement the
270requirements of this subsection. A law enforcement officer or
271agency of this state or a county, municipality, or other
272political subdivision of this state may not consider race,
273color, or national origin in implementing the requirements of
274this subsection except to the extent permitted by the United
275States Constitution or the Constitution of the State of Florida.
276A person is presumed to not be an alien who is unlawfully
277present in the United States if the person provides to the law
278enforcement officer or agency any of the following:
279     (a)  A valid Florida driver's license.
280     (b)1.  A valid identification card issued by the Department
281of Highway Safety and Motor Vehicles pursuant to s. 322.051,
282which includes any identification card issued by the Department
283of Highway Safety and Motor Vehicles or its agents; or
284     2.  Any identification card issued by any state or
285jurisdiction that issues identification cards recognized in this
286state for the purpose of indicating a person's true name and
287age.
288     (c)  Any valid identification issued by the Federal
289Government or a state or local government for which the Federal
290Government or the issuing state or local government requires
291proof of legal presence in the United States as a condition of
292issuance.
293     (3)  If an alien who is unlawfully present in the United
294States is convicted of a violation of state or local law, upon
295his or her discharge from imprisonment or upon the assessment of
296any monetary obligation that is imposed, the United States
297Immigration and Customs Enforcement or the United States Customs
298and Border Protection shall be immediately notified.
299     (4)  Notwithstanding any other law, a law enforcement
300agency may securely transport an alien about whom the agency has
301received verification confirming his or her unlawful presence in
302the United States and who is in the agency's custody to a
303federal facility in this state or to any other point of transfer
304into federal custody that is outside the jurisdiction of the law
305enforcement agency. A law enforcement agency shall obtain
306judicial authorization before securely transporting an alien who
307is unlawfully present in the United States to a point of
308transfer that is outside of this state.
309     (5)  In the implementation of this section, an alien's
310immigration status may be determined by:
311     (a)  A law enforcement officer who is authorized by the
312Federal Government to verify or ascertain an alien's immigration
313status.
314     (b)  The United States Immigration and Customs Enforcement
315or the United States Customs and Border Protection pursuant to 8
316U.S.C. s. 1373(c).
317     (6)  Except as provided by federal law, officials or
318agencies of this state and of counties, municipalities, and
319other political subdivisions of this state may not be prohibited
320or in any way restricted from sending, receiving, or maintaining
321information relating to the immigration status, whether lawful
322or unlawful, of any individual or exchanging that information
323with any other federal, state, or local governmental entity for
324the following official purposes:
325     (a)  Determining eligibility for any public benefit,
326service, or license provided by the Federal Government, this
327state, or any local government or other political subdivision of
328this state.
329     (b)  Verifying any claim of residence or domicile if
330determination of residence or domicile is required under the
331laws of this state or a judicial order issued pursuant to a
332civil or criminal proceeding in this state.
333     (c)  If the person is an alien, determining whether the
334person is in compliance with the federal registration laws
335prescribed by Title II, Chapter 7 of the Immigration and
336Nationality Act.
337     (d)  Pursuant to 8 U.S.C. ss. 1373(c) and 1644.
338     (7)  This section does not implement, authorize, or
339establish and may not be construed to implement, authorize, or
340establish the Real ID Act of 2005, Pub. L. No. 109-13, including
341the use of radio frequency identification technology.
342     (8)  A person who is a legal resident of this state may
343bring an action in the appropriate court in this state to
344challenge any official or agency of this state or of a county,
345municipality, or other political subdivision of this state that
346adopts or implements a policy that limits or restricts the
347enforcement of federal immigration laws, including 8 U.S.C. ss.
3481373(c) and 1644, to less than the full extent permitted by
349federal law. If there is a judicial finding that an entity has
350violated this section, the court shall order the entity to pay a
351civil penalty of not less than $500 and not more than $5,000 for
352each day that the policy has remained in effect after the filing
353of an action pursuant to this subsection.
354     (9)  The court shall collect the civil penalty prescribed
355in subsection (8) and deposit the moneys in the Violent Crime
356Investigative Emergency and Drug Control Strategy Implementation
357Account within the Department of Law Enforcement Operating Trust
358Fund pursuant to s. 943.042.
359     (10)  The court may award court costs and reasonable
360attorney's fees to any person or any official or agency of this
361state or of a county, municipality, or other political
362subdivision of this state that prevails by an adjudication on
363the merits in a proceeding brought pursuant to this section.
364     (11)  Except in relation to matters in which the officer is
365adjudged to have acted in bad faith, a law enforcement officer
366shall be indemnified by his or her employing agency against
367reasonable costs and expenses, including attorney's fees,
368incurred by the officer in connection with any action, suit, or
369proceeding brought pursuant to this section in which the officer
370may be a defendant by reason of his or her being or having been
371a member of the law enforcement agency.
372     (12)  This section shall be implemented in a manner
373consistent with federal laws regulating immigration, protecting
374the civil rights of all persons, and respecting the privileges
375and immunities of United States citizens.
376     787.18  Willful failure to complete or carry an alien
377registration document; assessment; exception; authenticated
378records; classification.-
379     (1)  In addition to any violation of federal law, a person
380commits willful failure to complete or carry an alien
381registration document if the person is in violation of 8 U.S.C.
382s. 1304(e) or s. 1306(a).
383     (2)  In the enforcement of this section, an alien's
384immigration status may be determined by:
385     (a)  A law enforcement officer who is authorized by the
386Federal Government to verify or ascertain an alien's immigration
387status.
388     (b)  The United States Immigration and Customs Enforcement
389or the United States Customs and Border Protection pursuant to 8
390U.S.C. s. 1373(c).
391
392A law enforcement officer or agency of this state or a county,
393municipality, or other political subdivision of this state is
394authorized to obtain access to the federal E-Verify program in
395order to verify or ascertain an alien's immigration status.
396     (3)  A law enforcement officer or agency of this state or
397of a county, municipality, or other political subdivision of
398this state may not consider race, color, or national origin in
399the enforcement of this section except to the extent permitted
400by the United States Constitution or the Constitution of the
401State of Florida.
402     (4)  A person sentenced under this section is not eligible
403for any form of discretionary early release, other than pardon
404or executive clemency, or conditional medical release under s.
405947.149, prior to serving the minimum sentence.
406     (5)  This section does not apply to a person who maintains
407authorization from the Federal Government to remain in the
408United States.
409     (6)  Any record that relates to the immigration status of a
410person is admissible in any court without further foundation or
411testimony from a custodian of records if the record is certified
412as authentic by the government agency that is responsible for
413maintaining the record.
414     (7)  A violation of this section is a misdemeanor of the
415second degree, punishable as provided in s. 775.082 and by a
416fine not to exceed $100, and:
417     (a)  For a first violation, a term of imprisonment not to
418exceed 20 days in a county or municipal detention facility.
419     (b)  For a second violation, a term of imprisonment not to
420exceed 30 days in a county or municipal detention facility.
421     787.20  Smuggling of human beings; classification;
422definitions.-
423     (1)(a)  It is unlawful for a person to:
424     1.  Intentionally engage in or attempt to engage in;
425     2.  Intentionally cause or solicit another person to engage
426in or attempt to cause or solicit another person to engage in;
427     3.  Conspire to engage in; or
428     4.  Facilitate or further
429
430the smuggling of human beings for profit or commercial purpose.
431     (b)  Except as provided in subsection (2), a person who
432violates paragraph (a) commits a felony of the third degree,
433punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
434     (2)  A person who violates paragraph (1)(a):
435     (a)1.  When the human being who is smuggled is under 18
436years of age and is not accompanied by a family member over 18
437years of age; or
438     2.  When the offense involved the use of a deadly weapon or
439dangerous instrument,
440
441commits a felony of the second degree, punishable as provided in
442s. 775.082, s. 775.083, or s. 775.084. A person sentenced under
443this paragraph is not eligible for any form of discretionary
444early release, other than pardon or executive clemency, or
445conditional medical release under s. 947.149, prior to serving
446the minimum sentence.
447     (b)  When the offense involves the use or threatened use of
448deadly physical force, commits a felony of the first degree,
449punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
450A person sentenced under this paragraph is not eligible for
451statutory gain-time under s. 944.275 or any form of
452discretionary early release, other than pardon or executive
453clemency, or conditional medical release under s. 947.149, prior
454to serving the minimum sentence.
455     (3)  Notwithstanding any other law, in the enforcement of
456this section a law enforcement officer may lawfully stop any
457person who is operating a motor vehicle if the officer has
458reasonable suspicion to believe the person is in violation of
459any civil traffic law.
460     (4)  For the purposes of this section, the tem:
461     (a)  "Drop house" means property or real property that is
462used to facilitate the smuggling of human beings.
463     (b)  "Family member" means the person's parent,
464grandparent, sibling, or any other person who is related to the
465person by consanguinity or affinity within the second degree.
466     (c)  "Procurement of transportation" means any
467participation in or facilitation of transportation and includes:
468     1.  Providing services that facilitate transportation,
469including travel arrangement services or money transmission
470services.
471     2.  Providing property that facilitates transportation,
472including:
473     a.  A weapon.
474     b.  A vehicle or other means of transportation.
475     c.  False identification.
476     d.  Selling, leasing, renting, or otherwise making
477available a drop house.
478     (d)  "Smuggling of human beings" means the transportation,
479procurement of transportation, or use of property or real
480property by a person or an entity that knows or has reason to
481know that the person or persons transported or to be transported
482are:
483     1.  Not United States citizens, permanent resident aliens,
484or persons otherwise lawfully in this state; or
485     2.  Have attempted to enter, entered, or remained in the
486United States in violation of law.
487     787.22  Unlawful stopping to hire and pick up passengers
488for work; unlawful application, solicitation, or employment;
489classification; definitions.-
490     (1)  It is unlawful for an occupant of a motor vehicle that
491is stopped on a street, roadway, or highway to attempt to hire
492or hire and pick up passengers for work at a different location
493if the motor vehicle blocks or impedes the normal movement of
494traffic.
495     (2)  It is unlawful for a person to enter a motor vehicle
496that is stopped on a street, roadway, or highway in order to be
497hired for work by an occupant of the motor vehicle and to be
498transported to work at a different location if the motor vehicle
499blocks or impedes the normal movement of traffic.
500     (3)  It is unlawful for a person who is unlawfully present
501in the United States and who is an unauthorized alien to
502knowingly apply for work, solicit work in a public place, or
503perform work as an employee or independent contractor in this
504state.
505     (4)  A law enforcement officer or agency of this state or a
506county, municipality, or other political subdivision of this
507state may not consider race, color, or national origin in the
508enforcement of this section except to the extent permitted by
509the Constitution of the United States or the Constitution of the
510State of Florida.
511     (5)  In the enforcement of this section, an alien's
512immigration status may be determined by:
513     (a)  A law enforcement officer who is authorized by the
514Federal Government to verify or ascertain an alien's immigration
515status.
516     (b)  The United States Immigration and Customs Enforcement
517or the United States Customs and Border Protection pursuant to 8
518U.S.C. s. 1373(c).
519
520A law enforcement officer or agency of this state or a county,
521municipality, or other political subdivision of this state is
522authorized to obtain access to the federal E-Verify program in
523order to verify or ascertain an alien's immigration status.
524     (6)  A violation of this section is a misdemeanor of the
525first degree, punishable as provided in s. 775.082 or s.
526775.083.
527     (7)  For the purposes of this section, the term:
528     (a)  "Solicit" means verbal communication, or nonverbal
529communication by a gesture or a nod, that would indicate to a
530reasonable person that an individual:
531     1.  Wishes to hire a person to perform work; or
532     2.  Is willing to accept an offer of employment.
533     (b)  "Unauthorized alien" means an alien who does not have
534the legal right or authorization under federal law to work in
535the United States as described in 8 U.S.C. s. 1324a(h)(3).
536     787.24  Unlawful transporting, moving, concealing,
537harboring, or shielding of unlawful aliens; vehicle impoundment;
538exception; classification.-
539     (1)  It is unlawful for a person to:
540     (a)  Transport or move, or attempt to transport or move, an
541alien in this state in furtherance of the illegal presence of
542the alien in the United States in a means of transportation if
543the person knows or recklessly disregards the fact that the
544alien has come to, has entered, or remains in the United States
545in violation of law.
546     (b)  Conceal, harbor, or shield, or attempt to conceal,
547harbor, or shield, an alien from detection in any place in this
548state, including any building or any means of transportation, if
549the person knows or recklessly disregards the fact that the
550alien has come to, has entered, or remains in the United States
551in violation of law.
552     (c)  Encourage or induce an alien to come to, enter, or
553reside in this state if the person knows or recklessly
554disregards the fact that such coming to, entering, or residing
555in this state is or will be in violation of law.
556     (2)  A means of transportation that is used in the
557commission of a violation of this section is subject to
558mandatory vehicle immobilization or impoundment.
559     (3)  A law enforcement officer or agency of this state or a
560county, municipality, or other political subdivision of this
561state may not consider race, color, or national origin in the
562enforcement of this section except to the extent permitted by
563the Constitution of the United States or the Constitution of the
564State of Florida.
565     (4)  In the enforcement of this section, an alien's
566immigration status may be determined by:
567     (a)  A law enforcement officer who is authorized by the
568Federal Government to verify or ascertain an alien's immigration
569status.
570     (b)  The United States Immigration and Customs Enforcement
571or the United States Customs and Border Protection pursuant to 8
572U.S.C. s. 1373(c).
573
574A law enforcement officer or agency of this state or a county,
575municipality, or other political subdivision of this state is
576authorized to obtain access to the federal E-Verify program in
577order to verify or ascertain an alien's immigration status.
578     (5)  This section does not apply to:
579     (a)  A child protective services worker acting in his or
580her official capacity;
581     (b)  A person who is acting in the capacity of a first
582responder; or
583     (c)  An ambulance attendant or an emergency medical
584technician who is transporting or moving an alien in this state.
585     (6)(a)  A person who violates this section commits a
586misdemeanor of the first degree, punishable as provided in s.
587775.082 or s. 775.083. Any person sentenced under this paragraph
588shall be ordered to pay a minimum fine of $1,000 in addition to
589any other penalty imposed by the court.
590     (b)  A person who violates this section when the violation
591involves 10 or more illegal aliens commits a felony of the third
592degree, punishable as provided in s. 775.082, s. 775.083, or s.
593775.084. Any person sentenced under this paragraph shall be
594ordered to pay a minimum fine of $1,000 for each alien involved
595in the violation in addition to any other penalty imposed by the
596court.
597     787.26  Knowingly or intentionally employing an
598unauthorized alien; prohibition; false or frivolous complaints;
599violation; classification; license suspension and revocation;
600affirmative defense.-
601     (1)  An employer may not knowingly or intentionally employ
602an unauthorized alien. If, in the case when an employer uses a
603contract, subcontract, or other independent contractor agreement
604to obtain the labor of an alien in this state, the employer
605intentionally contracts with an unauthorized alien or with a
606person who employs or contracts with an unauthorized alien to
607perform the labor, the employer violates this subsection.
608     (2)  The Attorney General shall prescribe a complaint form
609for a person to allege a violation of subsection (1). The
610complainant may not be required to list his or her social
611security number on the complaint form or to have the complaint
612form notarized. Upon receipt of a complaint on a prescribed
613complaint form that an employer allegedly intentionally employs
614an unauthorized alien, the Attorney General or county attorney
615shall investigate whether the employer has violated subsection
616(1). If a complaint is received but is not submitted on a
617prescribed complaint form, the Attorney General or county
618attorney may investigate whether the employer has violated
619subsection (1). This subsection may not be construed to prohibit
620the filing of anonymous complaints that are not submitted on a
621prescribed complaint form. The Attorney General or county
622attorney may not investigate complaints that are based solely on
623race, color, or national origin. A complaint that is submitted
624to a county attorney shall be submitted to the county attorney
625in the county in which the alleged unauthorized alien is or was
626employed by the employer. The county sheriff or any other local
627law enforcement agency may assist in investigating a complaint.
628When investigating a complaint, the Attorney General or county
629attorney shall verify the work authorization of the alleged
630unauthorized alien with the Federal Government pursuant to 8
631U.S.C. s. 1373(c). A state, county, or local official may not
632attempt to independently make a final determination on whether
633an alien is authorized to work in the United States. An alien's
634immigration status or work authorization status shall be
635verified with the Federal Government pursuant to 8 U.S.C. s.
6361373(c). A person who knowingly files a false or frivolous
637complaint under this subsection commits a misdemeanor of the
638second degree, punishable as provided in s. 775.082 or s
639775.083.
640     (3)  If, after an investigation, the Attorney General or
641county attorney determines that the complaint is not false or
642frivolous:
643     (a)  The Attorney General or county attorney shall notify
644the United States Immigration and Customs Enforcement of the
645unauthorized alien.
646     (b)  The Attorney General or county attorney shall notify
647the local law enforcement agency of the unauthorized alien.
648     (c)  The Attorney General shall notify the appropriate
649county attorney to bring an action pursuant to subsection (4) if
650the complaint was originally filed with the Attorney General.
651     (4)  An action for a violation of subsection (1) shall be
652brought against the employer by the county attorney in the
653county where the unauthorized alien employee is or was employed
654by the employer. The county attorney may not bring an action
655against any employer for any violation of subsection (1) that
656occurs before October 1, 2010. A second violation of this
657section shall be based only on the employment of an unauthorized
658alien who is or was knowingly or intentionally employed by the
659employer after an action has been brought for a violation of
660subsection (1).
661     (5)  For any court action under this section, the court
662shall expedite the action, including assigning the hearing at
663the earliest practicable date.
664     (6)  Upon a finding of a violation of subsection (1):
665     (a)  For a first violation, as described in subparagraph
666(c)1., the court shall:
667     1.  Order the employer to terminate the employment of all
668unauthorized aliens.
669     2.  Order the employer to be subject to a 5-year
670probationary period for the business location where the
671unauthorized alien performed work. During the probationary
672period the employer shall file with the county attorney
673quarterly reports containing the information prescribed in s.
674409.2576(3) with respect to each new employee who is hired by
675the employer at the business location where the unauthorized
676alien performed work.
677     3.  Order the appropriate agency or agencies to suspend all
678licenses described in subparagraph 4. that are held by the
679employer for a minimum of 10 days. The court shall base its
680decision on the length of the suspension under this subparagraph
681on any evidence or information submitted to it during the action
682for a violation of this subsection and shall consider the
683following factors, if relevant:
684     a.  The number of unauthorized aliens employed by the
685employer.
686     b.  Any prior misconduct by the employer.
687     c.  The degree of harm resulting from the violation.
688     d.  Whether the employer made good-faith efforts to comply
689with any applicable requirements.
690     e.  The duration of the violation.
691     f.  The role of the directors, officers, or principals of
692the employer in the violation.
693     g.  Any other factors the court deems appropriate.
694     4.  Order the employer to file a signed sworn affidavit
695with the county attorney. The affidavit shall state that the
696employer has terminated the employment of all unauthorized
697aliens in this state and that the employer will not
698intentionally or knowingly employ an unauthorized alien in this
699state. If the employer fails to file a signed sworn affidavit
700with the county attorney within 3 business days after the order
701is issued, the court shall order the appropriate agency or
702agencies to suspend all licenses subject to this subparagraph
703that are held by the employer. All licenses that are suspended
704under this subparagraph for failure to file a signed sworn
705affidavit shall remain suspended until the employer files a
706signed sworn affidavit with the county attorney. For the
707purposes of this subparagraph, the licenses that are subject to
708suspension are all licenses that are held by the employer
709specific to the business location where the unauthorized alien
710performed work. If the employer does not hold a license specific
711to the business location where the unauthorized alien performed
712work, but a license is necessary to operate the employer's
713business in general, the licenses that are subject to suspension
714under this subparagraph are all licenses that are held by the
715employer at the employer's primary place of business. Upon
716receipt of the court's order and notwithstanding any other law,
717the appropriate agencies shall suspend the licenses according to
718the court's order. The court shall send a copy of the court's
719order to the Attorney General and the Attorney General shall
720maintain the copy pursuant to subsection (7).
721     (b)  For a second violation, as described in subparagraph
722(c)2., the court shall order the appropriate agencies to
723permanently revoke all licenses that are held by the employer
724specific to the business location where the unauthorized alien
725performed work. If the employer does not hold a license specific
726to the business location where the unauthorized alien performed
727work, but a license is necessary to operate the employer's
728business in general, the court shall order the appropriate
729agencies to permanently revoke all licenses that are held by the
730employer at the employer's primary place of business. Upon
731receipt of the order and notwithstanding any other law, the
732appropriate agencies shall immediately revoke the licenses.
733     (c)  The violation shall be considered:
734     1.  A first violation by an employer at a business location
735if the violation did not occur during a probationary period
736ordered by the court under this subsection for that employer's
737business location.
738     2.  A second violation by an employer at a business
739location if the violation occurred during a probationary period
740ordered by the court under this subsection for that employer's
741business location.
742     (7)  The Attorney General shall maintain copies of court
743orders that are received pursuant to subsection (6) and shall
744maintain a database of the employers and business locations that
745have a first violation of subsection (1) and make the court
746orders available on the Attorney General's website.
747     (8)  Upon determining whether an employee is an
748unauthorized alien, the court shall consider only the Federal
749Government's determination pursuant to 8 U.S.C. s. 1373(c). The
750Federal Government's determination creates a rebuttable
751presumption of the employee's lawful status. The court may take
752judicial notice of the Federal Government's determination and
753may request the Federal Government to provide automated or
754testimonial verification pursuant to 8 U.S.C. s. 1373(c).
755     (9)  For the purposes of this section, proof of verifying
756the employment authorization of an employee through the federal
757E-Verify program operated by the United States Department of
758Homeland Security creates a rebuttable presumption that an
759employer did not intentionally employ an unauthorized alien.
760     (10)  For the purposes of this section, an employer that
761establishes that it has complied in good faith with the
762requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative
763defense that the employer did not intentionally employ an
764unauthorized alien. An employer is considered to have complied
765with the requirements of 8 U.S.C. s. 1324a(b), notwithstanding
766an isolated, sporadic, or accidental technical or procedural
767failure to meet the requirements, if there is a good-faith
768attempt to comply with the requirements.
769     (11)  It is an affirmative defense to a violation of
770subsection (1) that the employer was entrapped. To claim
771entrapment, the employer must admit by the employer's testimony
772or other evidence the substantial elements of the violation. An
773employer who asserts an entrapment defense has the burden of
774proving the following by a preponderance of the evidence:
775     (a)  The idea of committing the violation started with law
776enforcement officers or their agents rather than with the
777employer.
778     (b)  The law enforcement officers or their agents urged and
779induced the employer to commit the violation.
780     (c)  The employer was not predisposed to commit the
781violation before the law enforcement officers or their agents
782urged and induced the employer to commit the violation.
783     (12)  An employer does not establish entrapment if the
784employer was predisposed to violate subsection (1) and the law
785enforcement officers or their agents merely provided the
786employer with an opportunity to commit the violation. It is not
787entrapment for law enforcement officers or their agents merely
788to use a ruse or to conceal their identity. The conduct of law
789enforcement officers and their agents may be considered in
790determining if an employer has proven entrapment.
791     787.28  Verification of employment eligibility; federal E-
792Verify program; economic development incentives; list of
793registered employers.-
794     (1)  Beginning October 1, 2010, every employer, after
795hiring an employee, shall verify the employment eligibility of
796the employee through the federal E-Verify program and shall keep
797a record of the verification for the duration of the employee's
798employment or at least 3 years, whichever is longer.
799     (2)(a)  In addition to any other requirement for an
800employer to receive an economic development incentive from a
801government entity, the employer shall register with and
802participate in the federal E-Verify program. Before receiving
803the economic development incentive, the employer shall provide
804proof to the government entity that the employer is registered
805with and is participating in the E-Verify program. If the
806government entity determines that the employer is not complying
807with this subsection, the government entity shall notify the
808employer by certified mail of the entity's determination of
809noncompliance and the employer's right to appeal the
810determination. On a final determination of noncompliance, the
811employer shall repay all moneys received as an economic
812development incentive to the government entity within 30 days
813after the final determination.
814     (b)  For the purposes of this subsection, the term:
815     1.  "Economic development incentive" means any grant, loan,
816or performance-based incentive from any government entity that
817is awarded after October 1, 2010, but does not include any tax
818provision under chapters 192-221.
819     2.  "Government entity" means this state and any political
820subdivision of this state that receives and uses tax revenues.
821     (3)  Every 3 months the Attorney General shall request from
822the United States Department of Homeland Security a list of
823employers from this state that are registered with the federal
824E-Verify program. Upon receipt of the list of employers, the
825Attorney General shall make the list available on the Attorney
826General's website.
827     787.30  Removal and immobilization or impoundment of
828vehicle.-
829     (1)  A law enforcement officer shall cause the removal and
830either immobilization or impoundment of a vehicle if the officer
831determines that a person is operating the vehicle while any of
832the following applies:
833     (a)  In furtherance of the illegal presence of an alien in
834the United States and in violation of a criminal offense, the
835person is transporting or moving, or attempting to transport or
836move, an alien in this state in a vehicle in knowing or reckless
837disregard of the fact that the alien has come to, entered, or
838remains in the United States in violation of law.
839     (b)  The person is concealing, harboring, or shielding from
840detection, or attempting to conceal, harbor, or shield from
841detection, an alien in this state in a vehicle in knowing or
842reckless disregard of the fact that the alien has come to,
843entered, or remains in the United States in violation of law.
844
845A law enforcement officer is authorized to obtain access to the
846federal E-Verify program in order to implement the requirements
847of this subsection.
848     (2)  A vehicle that is removed and either immobilized or
849impounded pursuant to subsection (1) shall be immobilized or
850impounded for 30 days. An insurance company does not have a duty
851to pay any benefits for charges or fees for such immobilization
852or impoundment.
853     (3)  The owner of a vehicle that is removed and either
854immobilized or impounded pursuant to subsection (1), the spouse
855of the owner, and each person identified on the Department of
856Highway Safety and Motor Vehicle's record with an interest in
857the vehicle shall be provided with an opportunity for an
858immobilization or poststorage hearing pursuant to s. 787.32.
859     787.32  Immobilization or poststorage hearings.-
860     (1)  If a law enforcement officer removes and immobilizes
861or impounds a vehicle pursuant to s. 787.30, the immobilizing or
862impounding agency may provide the owner, the spouse of the
863owner, and any other person identified on the Department of
864Highway Safety and Motor Vehicle's record as having an interest
865in the vehicle with the opportunity for an immobilization or
866poststorage hearing to determine the validity of the
867immobilization or storage or consider any mitigating
868circumstances relating to the immobilization or storage or
869release of the vehicle before the end of the 30-day
870immobilization or impoundment period. If the immobilizing or
871impounding agency provides the opportunity for an immobilization
872or poststorage hearing, the immobilizing or impounding agency
873shall conduct the hearing:
874     (a)  In the immobilizing or impounding agency's
875jurisdiction;
876     (b)  Telephonically; or
877     (c)  Pursuant to procedures prescribed by the immobilizing
878or impounding agency to transfer the authority to conduct the
879immobilization or poststorage hearing to a law enforcement
880agency in the jurisdiction in which the owner, the spouse of the
881owner, the owner's agent, or any person identified in the
882department's record as having an interest in the vehicle
883resides.
884     (2)  If the immobilizing or impounding agency does not
885provide an opportunity for an immobilization or poststorage
886hearing, a court shall conduct the immobilization or poststorage
887hearing. If an immobilization or poststorage hearing is
888conducted by a court, the immobilizing or impounding agency
889shall appear and show evidence.
890     (3)  Within 3 business days after immobilization or
891impoundment, excluding weekends and holidays, the immobilizing
892or impounding agency shall send a notice of storage by first
893class mail to each person, other than the owner, identified on
894the department's record as having an interest in the vehicle.
895Service of notice of immobilization or storage is complete on
896mailing. If the immobilizing or impounding agency fails to
897notify a person, other than the owner, identified on the
898department's record as having an interest in the vehicle within
8993 business days after immobilization or impoundment, excluding
900weekends and holidays, the immobilizing agency or the person in
901possession of the vehicle may not charge any administrative fees
902or more than 15 days' immobilization or impoundment charge when
903the person redeems the impounded vehicle or has the
904immobilization device removed from the vehicle.
905     (4)  Within 3 business days after immobilization or
906impoundment, excluding weekends and holidays, the immobilizing
907or impounding agency shall mail or personally deliver notice of
908immobilization or storage to the owner of the vehicle.
909     (5)  The notice of immobilization or storage shall include
910the following information:
911     (a)  A statement that the vehicle was immobilized or
912impounded.
913     (b)  The name, address, and telephone number of the
914immobilizing or impounding agency providing the notice.
915     (c)  The name, address and telephone number of the
916immobilizing or impounding agency or court that will provide the
917immobilization or poststorage hearing.
918     (d)  The location of the place of storage and a description
919of the vehicle, including, if available, the manufacturer,
920model, license plate number, and mileage of the vehicle.
921     (e)  A statement that in order to receive an immobilization
922or poststorage hearing, the owner, the spouse of the owner, the
923owner's agent, or the person identified in the department's
924record as having an interest in the vehicle, within 10 days
925after the date on the notice, shall request an immobilization or
926poststorage hearing by contacting the immobilizing or impounding
927agency in person or in writing or by filing a request with the
928court if the impounding agency does not provide for a hearing
929and paying a fee.
930     (f)  A statement that if the immobilizing or impounding
931agency does not provide the opportunity for an immobilization or
932poststorage hearing, the owner, the spouse of the owner, the
933owner's agent, or any person identified in the department's
934record as having an interest in the vehicle may request that the
935immobilization or poststorage hearing be conducted by the court
936in the immobilizing or impounding agency's jurisdiction or the
937jurisdiction in which the owner, the spouse of the owner, the
938owner's agent, or the person identified in the department's
939record as having an interest in the vehicle resides.
940     (6)  The immobilization or poststorage hearing shall be
941conducted by the immobilizing or impounding agency or court
942within 5 business days, excluding weekends and holidays, after
943receipt of the request.
944     (7)  Failure of the owner, the spouse of the owner, or
945other person, or the other person's agent to request an
946immobilization or poststorage hearing within 10 days after the
947date on the notice prescribed in subsection (5) or to attend a
948scheduled hearing satisfies the immobilization or poststorage
949hearing requirement.
950     (8)  The immobilizing or impounding agency employing the
951person who directed the immobilization or storage is responsible
952for the costs incurred for immobilization, towing, and storage
953if it is determined in the immobilization or poststorage hearing
954that reasonable grounds for the immobilization or impoundment
955and storage are not established.
956     (9)  In compliance with the requirements of this section,
957the vehicle owner, the vehicle owner's spouse, or other person
958having an interest in the vehicle shall have an opportunity for
959a single poststorage hearing for the release of the vehicle by
960either the immobilizing or impounding agency or a court but not
961both.
962     Section 3.  Subsection (16) is added to section 901.15,
963Florida Statutes, to read:
964     901.15  When arrest by officer without warrant is lawful.-A
965law enforcement officer may arrest a person without a warrant
966when:
967     (16)  The officer has determined that he or she has
968probable cause to believe that the person to be arrested has
969committed any public offense that makes the person removable
970from the United States.
971     Section 4.  Section 787.07, Florida Statutes, is repealed.
972     Section 5.  Severability; implementation; construction.-
973     (1)  If any provision of this act or its application to any
974person or circumstance is held invalid, the invalidity does not
975affect other provisions or applications of the act that can be
976given effect without the invalid provision or application, and
977to this end the provisions of this act are severable.
978     (2)  This act shall be implemented in a manner consistent
979with federal laws regulating immigration, protecting the civil
980rights of all persons, and respecting the privileges and
981immunities of United States citizens.
982     (3)  Nothing in this act implements or shall be construed
983or interpreted to implement or establish the Real ID Act of
9842005, Pub. L. 109-13, including the use of radio frequency
985identification technology.
986     Section 6.  Immigration legislation challenges.-
987     (1)  Notwithstanding any other law, the Attorney General
988shall act at the direction of the Governor in any challenge in a
989state or federal court to this act and any amendments thereto.
990     (2)  Notwithstanding any other law, the Governor may direct
991counsel other than the Attorney General to appear on behalf of
992this state to defend any challenge to this act and any
993amendments thereto.
994     Section 7.  This act shall take effect October 1, 2010.


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