| 1 | A bill to be entitled |
| 2 | An act relating to employment policy of the state; |
| 3 | amending s. 110.105, F.S.; providing that a person is |
| 4 | disqualified from applying for employment by any agency of |
| 5 | the state if he or she is an alien and is unlawfully |
| 6 | present in the United States; specifying means of |
| 7 | identification which create a presumption of lawful |
| 8 | presence in the United States; providing implementation |
| 9 | requirements; providing penalties; providing an effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 110.105, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 110.105 Employment policy of the state.- |
| 17 | (1) It is the purpose of this chapter to establish a |
| 18 | system of personnel management. This system shall provide means |
| 19 | to recruit, select, train, develop, and maintain an effective |
| 20 | and responsible workforce and shall include policies and |
| 21 | procedures for employee hiring and advancement, training and |
| 22 | career development, position classification, salary |
| 23 | administration, benefits, discipline, discharge, employee |
| 24 | performance evaluations, affirmative action, and other related |
| 25 | activities. |
| 26 | (2) All appointments, terminations, assignments and |
| 27 | maintenance of status, compensation, privileges, and other terms |
| 28 | and conditions of employment in state government shall be made |
| 29 | without regard to age, sex, race, religion, national origin, |
| 30 | political affiliation, marital status, or handicap, except when |
| 31 | a specific sex, age, or physical requirement constitutes a bona |
| 32 | fide occupational qualification necessary to proper and |
| 33 | efficient administration. |
| 34 | (3)(a)1. A person is disqualified from applying for |
| 35 | employment by any agency of the state if he or she is an alien |
| 36 | and is unlawfully present in the United States. |
| 37 | 2. A person is presumed to not be an alien who is |
| 38 | unlawfully present in the United States if the person provides |
| 39 | to the employing agency: |
| 40 | a. A valid Florida driver's license; |
| 41 | b. A valid identification card issued by the Department of |
| 42 | Highway Safety and Motor Vehicles pursuant to s. 322.051, which |
| 43 | includes any identification card issued by the Department of |
| 44 | Highway Safety and Motor Vehicles or its agents; |
| 45 | c. Any identification card issued by any state or |
| 46 | jurisdiction that issues identification cards recognized in this |
| 47 | state for the purpose of indicating a person's true name and |
| 48 | age; |
| 49 | d. Any valid identification issued by the Federal |
| 50 | Government or a state or local government for which the Federal |
| 51 | Government or the issuing state or local government requires |
| 52 | proof of legal presence in the United States as a condition of |
| 53 | issuance, or |
| 54 |
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| 55 | in lieu of providing one of the forms of identification |
| 56 | enumerated in sub-subparagraphs a.-d., the applicant's |
| 57 | employment authorization is verified by the agency through the |
| 58 | federal E-Verify program operated by the United States |
| 59 | Department of Homeland Security. |
| 60 | (b) Except as expressly provided by law, there shall be no |
| 61 | Florida residence requirement for any person as a condition |
| 62 | precedent to employment by the state; however, preference may be |
| 63 | given to Florida residents in hiring. |
| 64 |
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| 65 | An agency may not consider race, color, or national origin in |
| 66 | implementing the requirements of this subsection except to the |
| 67 | extent permitted by the United States Constitution or the |
| 68 | Constitution of the State of Florida. This subsection shall be |
| 69 | implemented in a manner consistent with federal laws regulating |
| 70 | immigration, protecting the civil rights of all persons, and |
| 71 | respecting the privileges and immunities of United States |
| 72 | citizens. |
| 73 | (4) This chapter contains requirements and guides for |
| 74 | establishing and maintaining a system of personnel |
| 75 | administration on a merit basis. The system of personnel |
| 76 | administration shall be implemented so as to permit state |
| 77 | agencies to be eligible to receive federal funds. |
| 78 | (5) Nothing in this chapter shall be construed either to |
| 79 | infringe upon or to supersede the rights guaranteed public |
| 80 | employees under chapter 447. |
| 81 | Section 2. Section 110.127, Florida Statutes, reads: |
| 82 | 110.127 Penalties.- |
| 83 | (1) Any person who willfully violates any provision of |
| 84 | this chapter or of any rules adopted pursuant to the authority |
| 85 | herein granted is guilty of a misdemeanor of the second degree, |
| 86 | punishable as provided in s. 775.082 or s. 775.083. |
| 87 | (2) The provisions of s. 112.011 to the contrary |
| 88 | notwithstanding, any person who is convicted of a misdemeanor |
| 89 | under this chapter shall be, for a period of 5 years, ineligible |
| 90 | for appointment to or employment in a position in the state |
| 91 | service and, if an employee of the state, shall forfeit his or |
| 92 | her position. |
| 93 | (3) Imposition of the penalties provided in this section |
| 94 | shall not be in lieu of any action which may be taken or |
| 95 | penalties which may be imposed pursuant to part III of chapter |
| 96 | 112. |
| 97 | Section 3. This act shall take effect October 1, 2010. |