1 | A bill to be entitled |
2 | An act relating to immigration; designating ss. 787.01, |
3 | 787.02, 787.025, 787.03, 787.04, 787.05, and 787.06, F.S., |
4 | as pt. I of ch. 787, F.S., and providing a title; creating |
5 | pt. II of ch. 787, F.S., and providing a title; providing |
6 | a short title; providing legislative intent; providing |
7 | definitions; prohibiting an official or agency of the |
8 | state or of a county, municipality, or other political |
9 | subdivision of the state from limiting or restricting the |
10 | enforcement of federal immigration laws to less than the |
11 | full extent permitted by federal law; requiring that for |
12 | any lawful stop, detention, or arrest made by a law |
13 | enforcement officer or a law enforcement agency of the |
14 | state or of a county, municipality, or other political |
15 | subdivision of the state in the enforcement of any law or |
16 | ordinance of a county, municipality, or the state where |
17 | reasonable suspicion exists that the person stopped, |
18 | detained, or arrested is an alien and is unlawfully |
19 | present in the United States a reasonable attempt be made |
20 | to determine the immigration status of the person; |
21 | requiring determination of an arrested person's |
22 | immigration status prior to release; providing a method of |
23 | verification of immigration status; authorizing a law |
24 | enforcement officer or agency of this state or a county, |
25 | municipality, or other political subdivision of this state |
26 | to obtain access to the federal E-Verify program; |
27 | prohibiting the consideration of race, color, or national |
28 | origin in implementing such requirements; specifying forms |
29 | of identification that constitute a presumption of lawful |
30 | presence in the United States; requiring notification of |
31 | specified federal immigration authorities of the discharge |
32 | from imprisonment of an alien who is unlawfully present in |
33 | the United States and who has been convicted of a |
34 | violation of state or local law; authorizing law |
35 | enforcement agencies to transport an alien who is |
36 | confirmed to be unlawfully present in the United States |
37 | for transfer into federal custody; requiring judicial |
38 | authorization prior to transport; providing accepted |
39 | methods of determining an alien's immigration status in |
40 | the implementation of the act; prohibiting officials or |
41 | agencies of the state and of counties, municipalities, and |
42 | other political subdivisions of the state from being |
43 | prohibited or in any way restricted from sending, |
44 | receiving, or maintaining information relating to the |
45 | immigration status of any individual or exchanging that |
46 | information with any other federal, state, or local |
47 | governmental entity for specified official purposes; |
48 | providing that the provisions of the act do not implement, |
49 | authorize, or establish the Real ID Act of 2005; |
50 | authorizing a legal resident of the state to bring a court |
51 | action to challenge any official or agency of the state or |
52 | of a county, municipality, or other political subdivision |
53 | of the state that adopts or implements a policy that |
54 | limits or restricts the enforcement of federal immigration |
55 | laws to less than the full extent permitted by federal |
56 | law; providing a civil penalty for violation; providing |
57 | for deposit of civil penalties; providing for costs and |
58 | attorney's fees; requiring indemnification of law |
59 | enforcement officers by an employing law enforcement |
60 | agency in specified actions; providing requirements with |
61 | respect to implementation of the section; providing that |
62 | violation of specified federal law constitutes the offense |
63 | of willful failure to complete or carry an alien |
64 | registration document; providing for determination of an |
65 | alien's immigration status; prohibiting consideration of |
66 | race, color, or national origin in the enforcement of the |
67 | section; providing that a person sentenced under the |
68 | section is not eligible for any form of discretionary |
69 | early release prior to serving the minimum sentence; |
70 | providing applicability; providing for admissibility of |
71 | certain records in court; providing penalties; |
72 | establishing the offense of smuggling human beings for |
73 | profit or commercial purpose; providing penalties; |
74 | providing enhanced penalties for the offense of smuggling |
75 | human beings for profit or commercial purpose when the |
76 | person who is smuggled is under 18 years of age and is not |
77 | accompanied by a family member over 18 years of age, or |
78 | when the offense involved the use of a deadly weapon or |
79 | dangerous instrument; providing enhanced penalties for the |
80 | offense of smuggling human beings for profit or commercial |
81 | purpose when the offense involves the use or threatened |
82 | use of deadly physical force; providing that a person |
83 | sentenced for such offense is not eligible for any form of |
84 | discretionary early release prior to serving the minimum |
85 | sentence; providing that in the enforcement of the section |
86 | a law enforcement officer may lawfully stop any person who |
87 | is operating a motor vehicle if the officer has reasonable |
88 | suspicion to believe the person is in violation of any |
89 | civil traffic law; providing definitions; providing that |
90 | it is unlawful for an occupant of a motor vehicle that is |
91 | stopped on a street, roadway, or highway to attempt to |
92 | hire or hire and pick up passengers for work at a |
93 | different location if the motor vehicle blocks or impedes |
94 | the normal movement of traffic; providing a penalty; |
95 | providing that it is unlawful for a person to enter such a |
96 | motor vehicle in order to be hired for work by an occupant |
97 | of the motor vehicle and then transported to work; |
98 | providing a penalty; providing that it is unlawful for a |
99 | person who is unlawfully present in the United States and |
100 | who is an unauthorized alien to knowingly apply for work, |
101 | solicit work in a public place, or perform work as an |
102 | employee or independent contractor in this state; |
103 | providing a penalty; prohibiting the consideration of |
104 | race, color, or national origin in the enforcement of the |
105 | section; providing for determination of an alien's |
106 | immigration status; providing definitions; prohibiting the |
107 | actual or attempted transporting or moving of an alien in |
108 | the state in furtherance of the illegal presence of the |
109 | alien in the United States in knowing or reckless |
110 | disregard of the fact of the alien's unlawful presence; |
111 | prohibiting the actual or attempted concealing, harboring, |
112 | or shielding of an alien from detection in knowing or |
113 | reckless disregard of the fact of the alien's unlawful |
114 | presence in the United States; prohibiting encouraging or |
115 | inducing an alien to enter or reside in the state in |
116 | knowing or reckless disregard of the fact that such entry |
117 | or residence is or will be a violation of law; providing |
118 | that a means of transportation used in the commission of a |
119 | violation of the section is subject to mandatory |
120 | immobilization or impoundment; prohibiting the |
121 | consideration of race, color, or national origin in the |
122 | enforcement of the section; providing for the |
123 | determination of an alien's immigration status; providing |
124 | nonapplicability; providing a penalty and specifying a |
125 | fine; providing an enhanced penalty for violations |
126 | involving 10 or more illegal aliens; specifying fines; |
127 | prohibiting an employer from knowingly or intentionally |
128 | employing an unauthorized alien; providing construction |
129 | with respect to such employment by contract, subcontract, |
130 | or other independent contractor agreement; requiring the |
131 | Attorney General to prescribe a complaint form to allege a |
132 | violation of such prohibited employment; providing |
133 | procedures and requirements with respect to submission of |
134 | complaints and investigation of an alleged violation by |
135 | the Attorney General or county attorney; prohibiting the |
136 | Attorney General or county attorney from investigating |
137 | complaints that are based solely on race, color, or |
138 | national origin; providing a penalty for knowingly filing |
139 | a false or frivolous complaint; providing specified notice |
140 | requirements of the Attorney General or county attorney |
141 | when investigating a legitimate complaint; providing for |
142 | an action to be brought against an employer by the county |
143 | attorney in the county where the unauthorized alien |
144 | employee is or was employed; prohibiting actions against |
145 | any employer for any violation occurring prior to a |
146 | specified date; providing for expedited court actions; |
147 | specifying court-ordered penalties for a first violation |
148 | of the section, including probation of the employer and |
149 | suspension of licenses; specifying court-ordered penalties |
150 | for a second violation of the section, including permanent |
151 | revocation of licenses; requiring the Attorney General to |
152 | maintain copies of court orders and maintain a database; |
153 | providing that the Federal Government's determination of |
154 | lawful or unlawful presence creates a rebuttable |
155 | presumption of the employee's lawful status; providing |
156 | that proof of verifying the employment authorization of an |
157 | employee through the federal E-Verify program creates a |
158 | rebuttable presumption that an employer did not |
159 | intentionally employ an unauthorized alien; providing that |
160 | an employer that establishes that it has complied in good |
161 | faith with specified federal requirements establishes an |
162 | affirmative defense that the employer did not |
163 | intentionally employ an unauthorized alien; providing that |
164 | entrapment is an affirmative defense to a violation by an |
165 | employer; specifying requirements with respect to a claim |
166 | of and the establishment of entrapment; requiring |
167 | employers, after hiring an employee, to verify the |
168 | employment eligibility of the employee through the federal |
169 | E-Verify program; providing recordkeeping requirements of |
170 | employers; requiring employer registration and |
171 | participation in the federal E-Verify program as a |
172 | precondition to receipt of an economic development |
173 | incentive from a government entity; providing procedures |
174 | with respect to compliance with the requirement; requiring |
175 | repayment to the government entity of all funds received |
176 | as an economic development incentive upon determination of |
177 | noncompliance; providing definitions; requiring a law |
178 | enforcement officer to remove and immobilize or impound a |
179 | vehicle if the officer determines that a person is |
180 | operating the vehicle while in furtherance of the illegal |
181 | presence of an alien in the United States or is |
182 | transporting or moving or attempting to transport or move |
183 | an alien in this state in a vehicle in knowing or reckless |
184 | disregard of the fact that the alien has entered or |
185 | remains in the United States in violation of law; |
186 | requiring removal and immobilization or impoundment of a |
187 | vehicle if the operator is concealing, harboring, or |
188 | shielding from detection an alien in this state in a |
189 | vehicle in knowing or reckless disregard of the fact that |
190 | the alien has entered or remains in the United States in |
191 | violation of law; specifying the period of impoundment or |
192 | immobilization; providing that specified persons shall be |
193 | provided with an opportunity for an immobilization or |
194 | poststorage hearing to determine the validity of the |
195 | impoundment or immobilization of a vehicle; providing |
196 | procedures and requirements with respect to immobilization |
197 | or poststorage hearings; providing specified notice |
198 | requirements; amending s. 901.15, F.S.; authorizing a law |
199 | enforcement officer to arrest a person without a warrant |
200 | when the officer has probable cause to believe that the |
201 | person to be arrested has committed any public offense |
202 | that makes the person removable from the United States; |
203 | repealing s. 787.07, F.S., which provides a penalty for |
204 | transporting into this state an individual illegally |
205 | entering the United States from another country; providing |
206 | severability, implementation, and construction of the act; |
207 | requiring the Attorney General to act at the direction of |
208 | the Governor in any challenge in a state or federal court |
209 | to this act and any amendments thereto; authorizing the |
210 | Governor to direct counsel other than the Attorney General |
211 | to appear on behalf of this state to defend any challenge |
212 | to this act and any amendments thereto; providing an |
213 | effective date. |
214 |
|
215 | Be It Enacted by the Legislature of the State of Florida: |
216 |
|
217 | Section 1. Sections 787.01, 787.02, 787.025, 787.03, |
218 | 787.04, 787.05, and 787.06, Florida Statutes, are designated as |
219 | part I of chapter 787, Florida Statutes, and entitled |
220 | "KIDNAPPING; FALSE IMPRISONMENT; LURING OR ENTICING A CHILD; |
221 | CUSTODY OFFENSES." |
222 | Section 2. Part II of chapter 787, Florida Statutes, |
223 | consisting of sections 787.10, 787.12, 787.14, 787.16, 787.18, |
224 | 787.20, 787.22, 787.24, 787.26, 787.28, 787.30, and 787.32, is |
225 | created to read: |
226 |
|
227 | PART II |
228 | IMMIGRATION |
229 |
|
230 | 787.10 Short title.-This part may be cited as the "Florida |
231 | Immigration Enforcement Act of 2010." |
232 | 787.12 Legislative intent.-The Legislature finds that |
233 | there is a compelling interest in the cooperative enforcement of |
234 | federal immigration laws throughout all of this state. The |
235 | Legislature declares that the intent of this part is to make |
236 | attrition through enforcement the public policy of all state and |
237 | local government agencies in this state. The provisions of this |
238 | part are intended to work together to discourage and deter the |
239 | unlawful entry and presence of aliens and economic activity by |
240 | persons unlawfully present in the United States. |
241 | 787.14 Definitions.-As used in this part: |
242 | (1) Except as otherwise specifically provided, the terms |
243 | of this part regarding immigration shall be construed to have |
244 | the meanings given to them under federal immigration law. |
245 | (2) "Law enforcement officer" has the same meaning as |
246 | provided in s. 943.10. |
247 | 787.16 Cooperation and assistance in enforcement of |
248 | immigration laws; indemnification.- |
249 | (1) An official or agency of this state or of a county, |
250 | municipality, or other political subdivision of this state may |
251 | not limit or restrict the enforcement of federal immigration |
252 | laws to less than the full extent permitted by federal law. |
253 | (2) For any lawful stop, detention, or arrest made by a |
254 | law enforcement officer or a law enforcement agency of this |
255 | state or of a county, municipality, or other political |
256 | subdivision of this state in the enforcement of any other law or |
257 | ordinance of a county, municipality, or this state where |
258 | reasonable suspicion exists that the person stopped, detained, |
259 | or arrested is an alien and is unlawfully present in the United |
260 | States, a reasonable attempt shall be made, when practicable, to |
261 | determine the immigration status of the person, except if the |
262 | determination may hinder or obstruct an investigation. Any |
263 | person who is arrested shall have his or her immigration status |
264 | determined before he or she is released. The person's |
265 | immigration status shall be verified with the Federal Government |
266 | pursuant to 8 U.S.C. s. 1373(c). A law enforcement officer or |
267 | agency of this state or a county, municipality, or other |
268 | political subdivision of this state is authorized to obtain |
269 | access to the federal E-Verify program in order to implement the |
270 | requirements of this subsection. A law enforcement officer or |
271 | agency of this state or a county, municipality, or other |
272 | political subdivision of this state may not consider race, |
273 | color, or national origin in implementing the requirements of |
274 | this subsection except to the extent permitted by the United |
275 | States Constitution or the Constitution of the State of Florida. |
276 | A person is presumed to not be an alien who is unlawfully |
277 | present in the United States if the person provides to the law |
278 | enforcement 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 |
281 | of Highway Safety and Motor Vehicles pursuant to s. 322.051, |
282 | which includes any identification card issued by the Department |
283 | of Highway Safety and Motor Vehicles or its agents; or |
284 | 2. Any identification card issued by any state or |
285 | jurisdiction that issues identification cards recognized in this |
286 | state for the purpose of indicating a person's true name and |
287 | age. |
288 | (c) Any valid identification issued by the Federal |
289 | Government or a state or local government for which the Federal |
290 | Government or the issuing state or local government requires |
291 | proof of legal presence in the United States as a condition of |
292 | issuance. |
293 | (3) If an alien who is unlawfully present in the United |
294 | States is convicted of a violation of state or local law, upon |
295 | his or her discharge from imprisonment or upon the assessment of |
296 | any monetary obligation that is imposed, the United States |
297 | Immigration and Customs Enforcement or the United States Customs |
298 | and Border Protection shall be immediately notified. |
299 | (4) Notwithstanding any other law, a law enforcement |
300 | agency may securely transport an alien about whom the agency has |
301 | received verification confirming his or her unlawful presence in |
302 | the United States and who is in the agency's custody to a |
303 | federal facility in this state or to any other point of transfer |
304 | into federal custody that is outside the jurisdiction of the law |
305 | enforcement agency. A law enforcement agency shall obtain |
306 | judicial authorization before securely transporting an alien who |
307 | is unlawfully present in the United States to a point of |
308 | transfer that is outside of this state. |
309 | (5) In the implementation of this section, an alien's |
310 | immigration status may be determined by: |
311 | (a) A law enforcement officer who is authorized by the |
312 | Federal Government to verify or ascertain an alien's immigration |
313 | status. |
314 | (b) The United States Immigration and Customs Enforcement |
315 | or the United States Customs and Border Protection pursuant to 8 |
316 | U.S.C. s. 1373(c). |
317 | (6) Except as provided by federal law, officials or |
318 | agencies of this state and of counties, municipalities, and |
319 | other political subdivisions of this state may not be prohibited |
320 | or in any way restricted from sending, receiving, or maintaining |
321 | information relating to the immigration status, whether lawful |
322 | or unlawful, of any individual or exchanging that information |
323 | with any other federal, state, or local governmental entity for |
324 | the following official purposes: |
325 | (a) Determining eligibility for any public benefit, |
326 | service, or license provided by the Federal Government, this |
327 | state, or any local government or other political subdivision of |
328 | this state. |
329 | (b) Verifying any claim of residence or domicile if |
330 | determination of residence or domicile is required under the |
331 | laws of this state or a judicial order issued pursuant to a |
332 | civil or criminal proceeding in this state. |
333 | (c) If the person is an alien, determining whether the |
334 | person is in compliance with the federal registration laws |
335 | prescribed by Title II, Chapter 7 of the Immigration and |
336 | Nationality Act. |
337 | (d) Pursuant to 8 U.S.C. ss. 1373(c) and 1644. |
338 | (7) This section does not implement, authorize, or |
339 | establish and may not be construed to implement, authorize, or |
340 | establish the Real ID Act of 2005, Pub. L. No. 109-13, including |
341 | the use of radio frequency identification technology. |
342 | (8) A person who is a legal resident of this state may |
343 | bring an action in the appropriate court in this state to |
344 | challenge any official or agency of this state or of a county, |
345 | municipality, or other political subdivision of this state that |
346 | adopts or implements a policy that limits or restricts the |
347 | enforcement of federal immigration laws, including 8 U.S.C. ss. |
348 | 1373(c) and 1644, to less than the full extent permitted by |
349 | federal law. If there is a judicial finding that an entity has |
350 | violated this section, the court shall order the entity to pay a |
351 | civil penalty of not less than $500 and not more than $5,000 for |
352 | each day that the policy has remained in effect after the filing |
353 | of an action pursuant to this subsection. |
354 | (9) The court shall collect the civil penalty prescribed |
355 | in subsection (8) and deposit the moneys in the Violent Crime |
356 | Investigative Emergency and Drug Control Strategy Implementation |
357 | Account within the Department of Law Enforcement Operating Trust |
358 | Fund pursuant to s. 943.042. |
359 | (10) The court may award court costs and reasonable |
360 | attorney's fees to any person or any official or agency of this |
361 | state or of a county, municipality, or other political |
362 | subdivision of this state that prevails by an adjudication on |
363 | the merits in a proceeding brought pursuant to this section. |
364 | (11) Except in relation to matters in which the officer is |
365 | adjudged to have acted in bad faith, a law enforcement officer |
366 | shall be indemnified by his or her employing agency against |
367 | reasonable costs and expenses, including attorney's fees, |
368 | incurred by the officer in connection with any action, suit, or |
369 | proceeding brought pursuant to this section in which the officer |
370 | may be a defendant by reason of his or her being or having been |
371 | a member of the law enforcement agency. |
372 | (12) This section shall be implemented in a manner |
373 | consistent with federal laws regulating immigration, protecting |
374 | the civil rights of all persons, and respecting the privileges |
375 | and immunities of United States citizens. |
376 | 787.18 Willful failure to complete or carry an alien |
377 | registration document; assessment; exception; authenticated |
378 | records; classification.- |
379 | (1) In addition to any violation of federal law, a person |
380 | commits willful failure to complete or carry an alien |
381 | registration document if the person is in violation of 8 U.S.C. |
382 | s. 1304(e) or s. 1306(a). |
383 | (2) In the enforcement of this section, an alien's |
384 | immigration status may be determined by: |
385 | (a) A law enforcement officer who is authorized by the |
386 | Federal Government to verify or ascertain an alien's immigration |
387 | status. |
388 | (b) The United States Immigration and Customs Enforcement |
389 | or the United States Customs and Border Protection pursuant to 8 |
390 | U.S.C. s. 1373(c). |
391 |
|
392 | A law enforcement officer or agency of this state or a county, |
393 | municipality, or other political subdivision of this state is |
394 | authorized to obtain access to the federal E-Verify program in |
395 | order to verify or ascertain an alien's immigration status. |
396 | (3) A law enforcement officer or agency of this state or |
397 | of a county, municipality, or other political subdivision of |
398 | this state may not consider race, color, or national origin in |
399 | the enforcement of this section except to the extent permitted |
400 | by the United States Constitution or the Constitution of the |
401 | State of Florida. |
402 | (4) A person sentenced under this section is not eligible |
403 | for any form of discretionary early release, other than pardon |
404 | or executive clemency, or conditional medical release under s. |
405 | 947.149, prior to serving the minimum sentence. |
406 | (5) This section does not apply to a person who maintains |
407 | authorization from the Federal Government to remain in the |
408 | United States. |
409 | (6) Any record that relates to the immigration status of a |
410 | person is admissible in any court without further foundation or |
411 | testimony from a custodian of records if the record is certified |
412 | as authentic by the government agency that is responsible for |
413 | maintaining the record. |
414 | (7) A violation of this section is a misdemeanor of the |
415 | second degree, punishable as provided in s. 775.082 and by a |
416 | fine not to exceed $100, and: |
417 | (a) For a first violation, a term of imprisonment not to |
418 | exceed 20 days in a county or municipal detention facility. |
419 | (b) For a second violation, a term of imprisonment not to |
420 | exceed 30 days in a county or municipal detention facility. |
421 | 787.20 Smuggling of human beings; classification; |
422 | definitions.- |
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 |
426 | in or attempt to cause or solicit another person to engage in; |
427 | 3. Conspire to engage in; or |
428 | 4. Facilitate or further |
429 |
|
430 | the smuggling of human beings for profit or commercial purpose. |
431 | (b) Except as provided in subsection (2), a person who |
432 | violates paragraph (a) commits a felony of the third degree, |
433 | punishable 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 |
436 | years of age and is not accompanied by a family member over 18 |
437 | years of age; or |
438 | 2. When the offense involved the use of a deadly weapon or |
439 | dangerous instrument, |
440 |
|
441 | commits a felony of the second degree, punishable as provided in |
442 | s. 775.082, s. 775.083, or s. 775.084. A person sentenced under |
443 | this paragraph is not eligible for any form of discretionary |
444 | early release, other than pardon or executive clemency, or |
445 | conditional medical release under s. 947.149, prior to serving |
446 | the minimum sentence. |
447 | (b) When the offense involves the use or threatened use of |
448 | deadly physical force, commits a felony of the first degree, |
449 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
450 | A person sentenced under this paragraph is not eligible for |
451 | statutory gain-time under s. 944.275 or any form of |
452 | discretionary early release, other than pardon or executive |
453 | clemency, or conditional medical release under s. 947.149, prior |
454 | to serving the minimum sentence. |
455 | (3) Notwithstanding any other law, in the enforcement of |
456 | this section a law enforcement officer may lawfully stop any |
457 | person who is operating a motor vehicle if the officer has |
458 | reasonable suspicion to believe the person is in violation of |
459 | any civil traffic law. |
460 | (4) For the purposes of this section, the tem: |
461 | (a) "Drop house" means property or real property that is |
462 | used to facilitate the smuggling of human beings. |
463 | (b) "Family member" means the person's parent, |
464 | grandparent, sibling, or any other person who is related to the |
465 | person by consanguinity or affinity within the second degree. |
466 | (c) "Procurement of transportation" means any |
467 | participation in or facilitation of transportation and includes: |
468 | 1. Providing services that facilitate transportation, |
469 | including travel arrangement services or money transmission |
470 | services. |
471 | 2. Providing property that facilitates transportation, |
472 | including: |
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 |
477 | available a drop house. |
478 | (d) "Smuggling of human beings" means the transportation, |
479 | procurement of transportation, or use of property or real |
480 | property by a person or an entity that knows or has reason to |
481 | know that the person or persons transported or to be transported |
482 | are: |
483 | 1. Not United States citizens, permanent resident aliens, |
484 | or persons otherwise lawfully in this state; or |
485 | 2. Have attempted to enter, entered, or remained in the |
486 | United States in violation of law. |
487 | 787.22 Unlawful stopping to hire and pick up passengers |
488 | for work; unlawful application, solicitation, or employment; |
489 | classification; definitions.- |
490 | (1) It is unlawful for an occupant of a motor vehicle that |
491 | is stopped on a street, roadway, or highway to attempt to hire |
492 | or hire and pick up passengers for work at a different location |
493 | if the motor vehicle blocks or impedes the normal movement of |
494 | traffic. |
495 | (2) It is unlawful for a person to enter a motor vehicle |
496 | that is stopped on a street, roadway, or highway in order to be |
497 | hired for work by an occupant of the motor vehicle and to be |
498 | transported to work at a different location if the motor vehicle |
499 | blocks or impedes the normal movement of traffic. |
500 | (3) It is unlawful for a person who is unlawfully present |
501 | in the United States and who is an unauthorized alien to |
502 | knowingly apply for work, solicit work in a public place, or |
503 | perform work as an employee or independent contractor in this |
504 | state. |
505 | (4) A law enforcement officer or agency of this state or a |
506 | county, municipality, or other political subdivision of this |
507 | state may not consider race, color, or national origin in the |
508 | enforcement of this section except to the extent permitted by |
509 | the Constitution of the United States or the Constitution of the |
510 | State of Florida. |
511 | (5) In the enforcement of this section, an alien's |
512 | immigration status may be determined by: |
513 | (a) A law enforcement officer who is authorized by the |
514 | Federal Government to verify or ascertain an alien's immigration |
515 | status. |
516 | (b) The United States Immigration and Customs Enforcement |
517 | or the United States Customs and Border Protection pursuant to 8 |
518 | U.S.C. s. 1373(c). |
519 |
|
520 | A law enforcement officer or agency of this state or a county, |
521 | municipality, or other political subdivision of this state is |
522 | authorized to obtain access to the federal E-Verify program in |
523 | order to verify or ascertain an alien's immigration status. |
524 | (6) A violation of this section is a misdemeanor of the |
525 | first degree, punishable as provided in s. 775.082 or s. |
526 | 775.083. |
527 | (7) For the purposes of this section, the term: |
528 | (a) "Solicit" means verbal communication, or nonverbal |
529 | communication by a gesture or a nod, that would indicate to a |
530 | reasonable 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 |
534 | the legal right or authorization under federal law to work in |
535 | the United States as described in 8 U.S.C. s. 1324a(h)(3). |
536 | 787.24 Unlawful transporting, moving, concealing, |
537 | harboring, or shielding of unlawful aliens; vehicle impoundment; |
538 | exception; classification.- |
539 | (1) It is unlawful for a person to: |
540 | (a) Transport or move, or attempt to transport or move, an |
541 | alien in this state in furtherance of the illegal presence of |
542 | the alien in the United States in a means of transportation if |
543 | the person knows or recklessly disregards the fact that the |
544 | alien has come to, has entered, or remains in the United States |
545 | in violation of law. |
546 | (b) Conceal, harbor, or shield, or attempt to conceal, |
547 | harbor, or shield, an alien from detection in any place in this |
548 | state, including any building or any means of transportation, if |
549 | the person knows or recklessly disregards the fact that the |
550 | alien has come to, has entered, or remains in the United States |
551 | in violation of law. |
552 | (c) Encourage or induce an alien to come to, enter, or |
553 | reside in this state if the person knows or recklessly |
554 | disregards the fact that such coming to, entering, or residing |
555 | in this state is or will be in violation of law. |
556 | (2) A means of transportation that is used in the |
557 | commission of a violation of this section is subject to |
558 | mandatory vehicle immobilization or impoundment. |
559 | (3) A law enforcement officer or agency of this state or a |
560 | county, municipality, or other political subdivision of this |
561 | state may not consider race, color, or national origin in the |
562 | enforcement of this section except to the extent permitted by |
563 | the Constitution of the United States or the Constitution of the |
564 | State of Florida. |
565 | (4) In the enforcement of this section, an alien's |
566 | immigration status may be determined by: |
567 | (a) A law enforcement officer who is authorized by the |
568 | Federal Government to verify or ascertain an alien's immigration |
569 | status. |
570 | (b) The United States Immigration and Customs Enforcement |
571 | or the United States Customs and Border Protection pursuant to 8 |
572 | U.S.C. s. 1373(c). |
573 |
|
574 | A law enforcement officer or agency of this state or a county, |
575 | municipality, or other political subdivision of this state is |
576 | authorized to obtain access to the federal E-Verify program in |
577 | order 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 |
580 | her official capacity; |
581 | (b) A person who is acting in the capacity of a first |
582 | responder; or |
583 | (c) An ambulance attendant or an emergency medical |
584 | technician who is transporting or moving an alien in this state. |
585 | (6)(a) A person who violates this section commits a |
586 | misdemeanor of the first degree, punishable as provided in s. |
587 | 775.082 or s. 775.083. Any person sentenced under this paragraph |
588 | shall be ordered to pay a minimum fine of $1,000 in addition to |
589 | any other penalty imposed by the court. |
590 | (b) A person who violates this section when the violation |
591 | involves 10 or more illegal aliens commits a felony of the third |
592 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
593 | 775.084. Any person sentenced under this paragraph shall be |
594 | ordered to pay a minimum fine of $1,000 for each alien involved |
595 | in the violation in addition to any other penalty imposed by the |
596 | court. |
597 | 787.26 Knowingly or intentionally employing an |
598 | unauthorized alien; prohibition; false or frivolous complaints; |
599 | violation; classification; license suspension and revocation; |
600 | affirmative defense.- |
601 | (1) An employer may not knowingly or intentionally employ |
602 | an unauthorized alien. If, in the case when an employer uses a |
603 | contract, subcontract, or other independent contractor agreement |
604 | to obtain the labor of an alien in this state, the employer |
605 | intentionally contracts with an unauthorized alien or with a |
606 | person who employs or contracts with an unauthorized alien to |
607 | perform the labor, the employer violates this subsection. |
608 | (2) The Attorney General shall prescribe a complaint form |
609 | for a person to allege a violation of subsection (1). The |
610 | complainant may not be required to list his or her social |
611 | security number on the complaint form or to have the complaint |
612 | form notarized. Upon receipt of a complaint on a prescribed |
613 | complaint form that an employer allegedly intentionally employs |
614 | an unauthorized alien, the Attorney General or county attorney |
615 | shall investigate whether the employer has violated subsection |
616 | (1). If a complaint is received but is not submitted on a |
617 | prescribed complaint form, the Attorney General or county |
618 | attorney may investigate whether the employer has violated |
619 | subsection (1). This subsection may not be construed to prohibit |
620 | the filing of anonymous complaints that are not submitted on a |
621 | prescribed complaint form. The Attorney General or county |
622 | attorney may not investigate complaints that are based solely on |
623 | race, color, or national origin. A complaint that is submitted |
624 | to a county attorney shall be submitted to the county attorney |
625 | in the county in which the alleged unauthorized alien is or was |
626 | employed by the employer. The county sheriff or any other local |
627 | law enforcement agency may assist in investigating a complaint. |
628 | When investigating a complaint, the Attorney General or county |
629 | attorney shall verify the work authorization of the alleged |
630 | unauthorized alien with the Federal Government pursuant to 8 |
631 | U.S.C. s. 1373(c). A state, county, or local official may not |
632 | attempt to independently make a final determination on whether |
633 | an alien is authorized to work in the United States. An alien's |
634 | immigration status or work authorization status shall be |
635 | verified with the Federal Government pursuant to 8 U.S.C. s. |
636 | 1373(c). A person who knowingly files a false or frivolous |
637 | complaint under this subsection commits a misdemeanor of the |
638 | second degree, punishable as provided in s. 775.082 or s |
639 | 775.083. |
640 | (3) If, after an investigation, the Attorney General or |
641 | county attorney determines that the complaint is not false or |
642 | frivolous: |
643 | (a) The Attorney General or county attorney shall notify |
644 | the United States Immigration and Customs Enforcement of the |
645 | unauthorized alien. |
646 | (b) The Attorney General or county attorney shall notify |
647 | the local law enforcement agency of the unauthorized alien. |
648 | (c) The Attorney General shall notify the appropriate |
649 | county attorney to bring an action pursuant to subsection (4) if |
650 | the complaint was originally filed with the Attorney General. |
651 | (4) An action for a violation of subsection (1) shall be |
652 | brought against the employer by the county attorney in the |
653 | county where the unauthorized alien employee is or was employed |
654 | by the employer. The county attorney may not bring an action |
655 | against any employer for any violation of subsection (1) that |
656 | occurs before October 1, 2010. A second violation of this |
657 | section shall be based only on the employment of an unauthorized |
658 | alien who is or was knowingly or intentionally employed by the |
659 | employer after an action has been brought for a violation of |
660 | subsection (1). |
661 | (5) For any court action under this section, the court |
662 | shall expedite the action, including assigning the hearing at |
663 | the 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 |
668 | unauthorized aliens. |
669 | 2. Order the employer to be subject to a 5-year |
670 | probationary period for the business location where the |
671 | unauthorized alien performed work. During the probationary |
672 | period the employer shall file with the county attorney |
673 | quarterly reports containing the information prescribed in s. |
674 | 409.2576(3) with respect to each new employee who is hired by |
675 | the employer at the business location where the unauthorized |
676 | alien performed work. |
677 | 3. Order the appropriate agency or agencies to suspend all |
678 | licenses described in subparagraph 4. that are held by the |
679 | employer for a minimum of 10 days. The court shall base its |
680 | decision on the length of the suspension under this subparagraph |
681 | on any evidence or information submitted to it during the action |
682 | for a violation of this subsection and shall consider the |
683 | following factors, if relevant: |
684 | a. The number of unauthorized aliens employed by the |
685 | employer. |
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 |
689 | with any applicable requirements. |
690 | e. The duration of the violation. |
691 | f. The role of the directors, officers, or principals of |
692 | the employer in the violation. |
693 | g. Any other factors the court deems appropriate. |
694 | 4. Order the employer to file a signed sworn affidavit |
695 | with the county attorney. The affidavit shall state that the |
696 | employer has terminated the employment of all unauthorized |
697 | aliens in this state and that the employer will not |
698 | intentionally or knowingly employ an unauthorized alien in this |
699 | state. If the employer fails to file a signed sworn affidavit |
700 | with the county attorney within 3 business days after the order |
701 | is issued, the court shall order the appropriate agency or |
702 | agencies to suspend all licenses subject to this subparagraph |
703 | that are held by the employer. All licenses that are suspended |
704 | under this subparagraph for failure to file a signed sworn |
705 | affidavit shall remain suspended until the employer files a |
706 | signed sworn affidavit with the county attorney. For the |
707 | purposes of this subparagraph, the licenses that are subject to |
708 | suspension are all licenses that are held by the employer |
709 | specific to the business location where the unauthorized alien |
710 | performed work. If the employer does not hold a license specific |
711 | to the business location where the unauthorized alien performed |
712 | work, but a license is necessary to operate the employer's |
713 | business in general, the licenses that are subject to suspension |
714 | under this subparagraph are all licenses that are held by the |
715 | employer at the employer's primary place of business. Upon |
716 | receipt of the court's order and notwithstanding any other law, |
717 | the appropriate agencies shall suspend the licenses according to |
718 | the court's order. The court shall send a copy of the court's |
719 | order to the Attorney General and the Attorney General shall |
720 | maintain 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 |
723 | permanently revoke all licenses that are held by the employer |
724 | specific to the business location where the unauthorized alien |
725 | performed work. If the employer does not hold a license specific |
726 | to the business location where the unauthorized alien performed |
727 | work, but a license is necessary to operate the employer's |
728 | business in general, the court shall order the appropriate |
729 | agencies to permanently revoke all licenses that are held by the |
730 | employer at the employer's primary place of business. Upon |
731 | receipt of the order and notwithstanding any other law, the |
732 | appropriate 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 |
735 | if the violation did not occur during a probationary period |
736 | ordered by the court under this subsection for that employer's |
737 | business location. |
738 | 2. A second violation by an employer at a business |
739 | location if the violation occurred during a probationary period |
740 | ordered by the court under this subsection for that employer's |
741 | business location. |
742 | (7) The Attorney General shall maintain copies of court |
743 | orders that are received pursuant to subsection (6) and shall |
744 | maintain a database of the employers and business locations that |
745 | have a first violation of subsection (1) and make the court |
746 | orders available on the Attorney General's website. |
747 | (8) Upon determining whether an employee is an |
748 | unauthorized alien, the court shall consider only the Federal |
749 | Government's determination pursuant to 8 U.S.C. s. 1373(c). The |
750 | Federal Government's determination creates a rebuttable |
751 | presumption of the employee's lawful status. The court may take |
752 | judicial notice of the Federal Government's determination and |
753 | may request the Federal Government to provide automated or |
754 | testimonial verification pursuant to 8 U.S.C. s. 1373(c). |
755 | (9) For the purposes of this section, proof of verifying |
756 | the employment authorization of an employee through the federal |
757 | E-Verify program operated by the United States Department of |
758 | Homeland Security creates a rebuttable presumption that an |
759 | employer did not intentionally employ an unauthorized alien. |
760 | (10) For the purposes of this section, an employer that |
761 | establishes that it has complied in good faith with the |
762 | requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative |
763 | defense that the employer did not intentionally employ an |
764 | unauthorized alien. An employer is considered to have complied |
765 | with the requirements of 8 U.S.C. s. 1324a(b), notwithstanding |
766 | an isolated, sporadic, or accidental technical or procedural |
767 | failure to meet the requirements, if there is a good-faith |
768 | attempt to comply with the requirements. |
769 | (11) It is an affirmative defense to a violation of |
770 | subsection (1) that the employer was entrapped. To claim |
771 | entrapment, the employer must admit by the employer's testimony |
772 | or other evidence the substantial elements of the violation. An |
773 | employer who asserts an entrapment defense has the burden of |
774 | proving the following by a preponderance of the evidence: |
775 | (a) The idea of committing the violation started with law |
776 | enforcement officers or their agents rather than with the |
777 | employer. |
778 | (b) The law enforcement officers or their agents urged and |
779 | induced the employer to commit the violation. |
780 | (c) The employer was not predisposed to commit the |
781 | violation before the law enforcement officers or their agents |
782 | urged and induced the employer to commit the violation. |
783 | (12) An employer does not establish entrapment if the |
784 | employer was predisposed to violate subsection (1) and the law |
785 | enforcement officers or their agents merely provided the |
786 | employer with an opportunity to commit the violation. It is not |
787 | entrapment for law enforcement officers or their agents merely |
788 | to use a ruse or to conceal their identity. The conduct of law |
789 | enforcement officers and their agents may be considered in |
790 | determining if an employer has proven entrapment. |
791 | 787.28 Verification of employment eligibility; federal E- |
792 | Verify program; economic development incentives; list of |
793 | registered employers.- |
794 | (1) Beginning October 1, 2010, every employer, after |
795 | hiring an employee, shall verify the employment eligibility of |
796 | the employee through the federal E-Verify program and shall keep |
797 | a record of the verification for the duration of the employee's |
798 | employment or at least 3 years, whichever is longer. |
799 | (2)(a) In addition to any other requirement for an |
800 | employer to receive an economic development incentive from a |
801 | government entity, the employer shall register with and |
802 | participate in the federal E-Verify program. Before receiving |
803 | the economic development incentive, the employer shall provide |
804 | proof to the government entity that the employer is registered |
805 | with and is participating in the E-Verify program. If the |
806 | government entity determines that the employer is not complying |
807 | with this subsection, the government entity shall notify the |
808 | employer by certified mail of the entity's determination of |
809 | noncompliance and the employer's right to appeal the |
810 | determination. On a final determination of noncompliance, the |
811 | employer shall repay all moneys received as an economic |
812 | development incentive to the government entity within 30 days |
813 | after the final determination. |
814 | (b) For the purposes of this subsection, the term: |
815 | 1. "Economic development incentive" means any grant, loan, |
816 | or performance-based incentive from any government entity that |
817 | is awarded after October 1, 2010, but does not include any tax |
818 | provision under chapters 192-221. |
819 | 2. "Government entity" means this state and any political |
820 | subdivision of this state that receives and uses tax revenues. |
821 | (3) Every 3 months the Attorney General shall request from |
822 | the United States Department of Homeland Security a list of |
823 | employers from this state that are registered with the federal |
824 | E-Verify program. Upon receipt of the list of employers, the |
825 | Attorney General shall make the list available on the Attorney |
826 | General's website. |
827 | 787.30 Removal and immobilization or impoundment of |
828 | vehicle.- |
829 | (1) A law enforcement officer shall cause the removal and |
830 | either immobilization or impoundment of a vehicle if the officer |
831 | determines that a person is operating the vehicle while any of |
832 | the following applies: |
833 | (a) In furtherance of the illegal presence of an alien in |
834 | the United States and in violation of a criminal offense, the |
835 | person is transporting or moving, or attempting to transport or |
836 | move, an alien in this state in a vehicle in knowing or reckless |
837 | disregard of the fact that the alien has come to, entered, or |
838 | remains in the United States in violation of law. |
839 | (b) The person is concealing, harboring, or shielding from |
840 | detection, or attempting to conceal, harbor, or shield from |
841 | detection, an alien in this state in a vehicle in knowing or |
842 | reckless disregard of the fact that the alien has come to, |
843 | entered, or remains in the United States in violation of law. |
844 |
|
845 | A law enforcement officer is authorized to obtain access to the |
846 | federal E-Verify program in order to implement the requirements |
847 | of this subsection. |
848 | (2) A vehicle that is removed and either immobilized or |
849 | impounded pursuant to subsection (1) shall be immobilized or |
850 | impounded for 30 days. An insurance company does not have a duty |
851 | to pay any benefits for charges or fees for such immobilization |
852 | or impoundment. |
853 | (3) The owner of a vehicle that is removed and either |
854 | immobilized or impounded pursuant to subsection (1), the spouse |
855 | of the owner, and each person identified on the Department of |
856 | Highway Safety and Motor Vehicle's record with an interest in |
857 | the vehicle shall be provided with an opportunity for an |
858 | immobilization 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 |
861 | or impounds a vehicle pursuant to s. 787.30, the immobilizing or |
862 | impounding agency may provide the owner, the spouse of the |
863 | owner, and any other person identified on the Department of |
864 | Highway Safety and Motor Vehicle's record as having an interest |
865 | in the vehicle with the opportunity for an immobilization or |
866 | poststorage hearing to determine the validity of the |
867 | immobilization or storage or consider any mitigating |
868 | circumstances relating to the immobilization or storage or |
869 | release of the vehicle before the end of the 30-day |
870 | immobilization or impoundment period. If the immobilizing or |
871 | impounding agency provides the opportunity for an immobilization |
872 | or poststorage hearing, the immobilizing or impounding agency |
873 | shall conduct the hearing: |
874 | (a) In the immobilizing or impounding agency's |
875 | jurisdiction; |
876 | (b) Telephonically; or |
877 | (c) Pursuant to procedures prescribed by the immobilizing |
878 | or impounding agency to transfer the authority to conduct the |
879 | immobilization or poststorage hearing to a law enforcement |
880 | agency in the jurisdiction in which the owner, the spouse of the |
881 | owner, the owner's agent, or any person identified in the |
882 | department's record as having an interest in the vehicle |
883 | resides. |
884 | (2) If the immobilizing or impounding agency does not |
885 | provide an opportunity for an immobilization or poststorage |
886 | hearing, a court shall conduct the immobilization or poststorage |
887 | hearing. If an immobilization or poststorage hearing is |
888 | conducted by a court, the immobilizing or impounding agency |
889 | shall appear and show evidence. |
890 | (3) Within 3 business days after immobilization or |
891 | impoundment, excluding weekends and holidays, the immobilizing |
892 | or impounding agency shall send a notice of storage by first |
893 | class mail to each person, other than the owner, identified on |
894 | the department's record as having an interest in the vehicle. |
895 | Service of notice of immobilization or storage is complete on |
896 | mailing. If the immobilizing or impounding agency fails to |
897 | notify a person, other than the owner, identified on the |
898 | department's record as having an interest in the vehicle within |
899 | 3 business days after immobilization or impoundment, excluding |
900 | weekends and holidays, the immobilizing agency or the person in |
901 | possession of the vehicle may not charge any administrative fees |
902 | or more than 15 days' immobilization or impoundment charge when |
903 | the person redeems the impounded vehicle or has the |
904 | immobilization device removed from the vehicle. |
905 | (4) Within 3 business days after immobilization or |
906 | impoundment, excluding weekends and holidays, the immobilizing |
907 | or impounding agency shall mail or personally deliver notice of |
908 | immobilization or storage to the owner of the vehicle. |
909 | (5) The notice of immobilization or storage shall include |
910 | the following information: |
911 | (a) A statement that the vehicle was immobilized or |
912 | impounded. |
913 | (b) The name, address, and telephone number of the |
914 | immobilizing or impounding agency providing the notice. |
915 | (c) The name, address and telephone number of the |
916 | immobilizing or impounding agency or court that will provide the |
917 | immobilization or poststorage hearing. |
918 | (d) The location of the place of storage and a description |
919 | of the vehicle, including, if available, the manufacturer, |
920 | model, license plate number, and mileage of the vehicle. |
921 | (e) A statement that in order to receive an immobilization |
922 | or poststorage hearing, the owner, the spouse of the owner, the |
923 | owner's agent, or the person identified in the department's |
924 | record as having an interest in the vehicle, within 10 days |
925 | after the date on the notice, shall request an immobilization or |
926 | poststorage hearing by contacting the immobilizing or impounding |
927 | agency in person or in writing or by filing a request with the |
928 | court if the impounding agency does not provide for a hearing |
929 | and paying a fee. |
930 | (f) A statement that if the immobilizing or impounding |
931 | agency does not provide the opportunity for an immobilization or |
932 | poststorage hearing, the owner, the spouse of the owner, the |
933 | owner's agent, or any person identified in the department's |
934 | record as having an interest in the vehicle may request that the |
935 | immobilization or poststorage hearing be conducted by the court |
936 | in the immobilizing or impounding agency's jurisdiction or the |
937 | jurisdiction in which the owner, the spouse of the owner, the |
938 | owner's agent, or the person identified in the department's |
939 | record as having an interest in the vehicle resides. |
940 | (6) The immobilization or poststorage hearing shall be |
941 | conducted by the immobilizing or impounding agency or court |
942 | within 5 business days, excluding weekends and holidays, after |
943 | receipt of the request. |
944 | (7) Failure of the owner, the spouse of the owner, or |
945 | other person, or the other person's agent to request an |
946 | immobilization or poststorage hearing within 10 days after the |
947 | date on the notice prescribed in subsection (5) or to attend a |
948 | scheduled hearing satisfies the immobilization or poststorage |
949 | hearing requirement. |
950 | (8) The immobilizing or impounding agency employing the |
951 | person who directed the immobilization or storage is responsible |
952 | for the costs incurred for immobilization, towing, and storage |
953 | if it is determined in the immobilization or poststorage hearing |
954 | that reasonable grounds for the immobilization or impoundment |
955 | and storage are not established. |
956 | (9) In compliance with the requirements of this section, |
957 | the vehicle owner, the vehicle owner's spouse, or other person |
958 | having an interest in the vehicle shall have an opportunity for |
959 | a single poststorage hearing for the release of the vehicle by |
960 | either the immobilizing or impounding agency or a court but not |
961 | both. |
962 | Section 3. Subsection (16) is added to section 901.15, |
963 | Florida Statutes, to read: |
964 | 901.15 When arrest by officer without warrant is lawful.-A |
965 | law enforcement officer may arrest a person without a warrant |
966 | when: |
967 | (16) The officer has determined that he or she has |
968 | probable cause to believe that the person to be arrested has |
969 | committed any public offense that makes the person removable |
970 | from 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 |
974 | person or circumstance is held invalid, the invalidity does not |
975 | affect other provisions or applications of the act that can be |
976 | given effect without the invalid provision or application, and |
977 | to this end the provisions of this act are severable. |
978 | (2) This act shall be implemented in a manner consistent |
979 | with federal laws regulating immigration, protecting the civil |
980 | rights of all persons, and respecting the privileges and |
981 | immunities of United States citizens. |
982 | (3) Nothing in this act implements or shall be construed |
983 | or interpreted to implement or establish the Real ID Act of |
984 | 2005, Pub. L. 109-13, including the use of radio frequency |
985 | identification technology. |
986 | Section 6. Immigration legislation challenges.- |
987 | (1) Notwithstanding any other law, the Attorney General |
988 | shall act at the direction of the Governor in any challenge in a |
989 | state or federal court to this act and any amendments thereto. |
990 | (2) Notwithstanding any other law, the Governor may direct |
991 | counsel other than the Attorney General to appear on behalf of |
992 | this state to defend any challenge to this act and any |
993 | amendments thereto. |
994 | Section 7. This act shall take effect October 1, 2010. |