Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 2040
                                Barcode 507282                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             05/03/2011 03:30 PM       .                                

       Senator Gardiner moved the following:
    1         Senate Amendment to Amendment (730724) (with title
    2  amendment)
    4         Between lines 34 and 35
    5  insert:
    6         Section 2. The Division of Statutory Revision shall
    7  designate ss. 448.30 through 448.32, Florida Statutes, as
    8  created by this act, as part III of chapter 448, Florida
    9  Statutes, titled “UNAUTHORIZED ALIENS.”
   10         Section 3. Section 448.30, Florida Statutes, is created to
   11  read:
   12         448.30 Definitions.—As used in this part, the term:
   13         (1)“Agency” means any state officer, department, division,
   14  board, bureau, commission, or other separate unit of state
   15  government created or established by law including, for the
   16  purposes of this section, any other public or private agency,
   17  person, partnership, corporation, or business entity acting on
   18  behalf of any state entity.
   19         (2)“Employee” means any person, other than an independent
   20  contractor, who, for consideration, provides labor or services
   21  to an employer in this state.
   22         (3)“Employer” means a person or an agency that employs one
   23  or more employees in this state. In the case of an independent
   24  contractor, the term means the independent contractor and does
   25  not mean the person or agency that uses the contract labor. The
   26  term does not include an employee leasing company licensed
   27  pursuant to part IX of chapter 468 which enters into a written
   28  agreement or understanding with its client company which places
   29  the primary obligation for compliance with this part upon its
   30  client company. In the absence of a written agreement or
   31  understanding, the contracting party, whether the licensed
   32  employee leasing company or client company, which initially
   33  hires the leased employee is responsible for the obligations set
   34  forth in this part. Such employee leasing company shall, at all
   35  times, remain an employer as otherwise specified by law.
   36         (4)“E-Verify Program” means the program for electronic
   37  verification of employment eligibility which is operated by the
   38  United States Department of Homeland Security, or any successor
   39  program.
   40         (5)“Independent contractor” means a person that carries on
   41  an independent business, contracts to do a piece of work
   42  according to its own means and methods, and is subject to
   43  control only as to results.
   44         (6) “Unauthorized alien” means an alien who is not
   45  authorized under federal law to be employed in the United
   46  States, as provided in 8 U.S.C. s. 1324a(h)(3). This term shall
   47  be interpreted consistently with that section and any applicable
   48  federal rules or regulations.
   49         Section 4. Section 448.31, Florida Statutes, is created to
   50  read:
   51         448.31Verification of employment eligibility by agencies.—
   52         (1) Effective July 1, 2012, an agency shall:
   53         (a) Register with the E-Verify Program;
   54         (b) Before making an offer of employment, verify the
   55  employment eligibility through the E-Verify Program of a
   56  prospective employee to whom the agency plans to make an offer
   57  of employment on or after that date;
   58         (c) Use the program for all prospective employees to whom
   59  the agency plans to make an offer of employment, both United
   60  States citizens and noncitizens, and not use the program
   61  selectively with respect to such prospective employees; and
   62         (d) Maintain a record of the verification for 3 years after
   63  the date the agency conducts the verification or 1 year after
   64  the date employment ends, whichever is longer.
   65         (2) The requirements of subsection (1) do not apply if a
   66  one-stop career center refers the prospective employee after
   67  verifying his or employment eligibility and issues to the agency
   68  a certification as provided in s. 445.009(12).
   69         Section 5. Section 448.32, Florida Statutes, is created to
   70  read:
   71         448.32Employment of unauthorized aliens; noncriminal
   72  violation; civil fines.—An employer convicted of an offense
   73  under 8 U.S.C. s. 1324a(a) commits a noncriminal violation as
   74  defined in s. 775.08(3) if the employer did not:
   75         (1) Verify the employment eligibility of the unauthorized
   76  alien through the E-Verify Program before making an offer of
   77  employment and conclude, based on the verification, that the
   78  person was authorized to work in the United States; or
   79         (2) Rely on good faith upon an employment referral from a
   80  one-stop career center and retain a certification from the one
   81  stop center that the unauthorized alien is authorized to work in
   82  the United States, as provided in s. 445.009.
   83         (3) Each violation of this section is punishable as
   84  provided in s. 775.082(5).
   85         (a) The first violation is punishable by a civil fine of
   86  not more than $500, multiplied by the number of unauthorized
   87  aliens with respect to whom the violation occurred.
   88         (b) The second violation is punishable by a civil fine of
   89  not more than $1,000, multiplied by the number of aliens with
   90  respect to whom the violation occurred.
   91         (c) The third or subsequent violation is punishable by a
   92  civil fine of not more than $1,500, multiplied by the number of
   93  aliens with respect to whom the violation occurred.
   94         (4) This section does not apply to an employer that is an
   95  agency.
   97  ================= T I T L E  A M E N D M E N T ================
   98         And the title is amended as follows:
   99         Delete line 341
  100  and insert:
  101         verification; directing the Division of Statutory
  102         Revision to designate specified new statutory sections
  103         as part III of ch. 448, F.S., and name the part
  104         “Unauthorized Aliens”; creating s. 448.30, F.S.;
  105         providing definitions relating to employment and
  106         unauthorized aliens; creating s. 448.31, F.S.;
  107         requiring state agencies to register with and use the
  108         federal program for electronic verification of
  109         employment eligibility in order to verify the
  110         employment eligibility of prospective employees before
  111         they are offered employment; providing an exception;
  112         creating s. 448.32, F.S.; prescribing a noncriminal
  113         violation for employing an unauthorized alien under
  114         specified circumstances; providing for civil fines;
  115         providing an exception to application of the
  116         noncriminal violation; providing definitions relating
  117         to administration