Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for SB 2040 Barcode 730724 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 05/03/2011 03:30 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Alexander moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (12) is added to section 445.009, 6 Florida Statutes, to read: 7 445.009 One-stop delivery system.— 8 (12)(a) Staff of the one-stop delivery system shall use the 9 federal program for electronic verification of employment 10 eligibility which is known as the E-Verify Program, or any 11 successor program, to verify the employment eligibility of any 12 worker who is referred to an employer and shall issue to the 13 employer a certification of the verification as provided in 14 regulations of the United States Department of Homeland 15 Security. 16 (b) The requirement to verify employment eligibility under 17 this subsection does not apply in the case of a worker who uses 18 an online referral system and does not report in person to the 19 one-stop career center. If a worker reports in person to a one 20 stop career center after using the online referral system, the 21 one-stop career center shall perform the verification required 22 by this subsection. The website for the Agency for Workforce 23 Innovation and for the one-stop delivery system in the area 24 served by each regional workforce board shall provide notice to 25 employers that the one-stop career center is not performing 26 electronic-verification inquiries for online referrals. 27 (c) The Agency for Workforce Innovation, together with the 28 regional workforce boards, shall consult with the United States 29 Department of Homeland Security, the United States Department of 30 Labor, and any other appropriate federal agencies to develop 31 procedures, consistent with federal requirements, addressing 32 circumstances in which use of the E-Verify Program, or any 33 successor program, is not possible based on the information or 34 documentation presented by the worker. 35 Section 2. Agency administration of public benefits; 36 verification of lawful status.— 37 (1) As used in this section, the term: 38 (a) “Agency” means any state, county, district, authority, 39 or municipal officer, department, division, board, bureau, 40 commission, or other separate unit of government created or 41 established by law including, for the purposes of this section, 42 any other public or private agency, person, partnership, 43 corporation, or business entity acting on behalf of any public 44 entity. 45 (b) “Federal public benefit” has the same meaning as in 8 46 U.S.C. s. 1611(c). 47 (c) “Qualified alien” has the same meaning as in 8 U.S.C. 48 s. 1641(b). 49 (d) “SAVE Program” means the Systematic Alien Verification 50 for Entitlements (SAVE) Program established by the United States 51 Citizenship and Immigration Services. 52 (e) “State or local public benefit” has the same meaning as 53 in 8 U.S.C. s. 1621(c). 54 (2)(a) Except as otherwise provided in 8 U.S.C. s. 1621(b), 55 an alien is not eligible for any state or local public benefit 56 unless the alien is: 57 1. A qualified alien; 58 2. A nonimmigrant under the federal Immigration and 59 Nationality Act; or 60 3. An alien who is paroled into the United States under s. 61 212(d)(5) of the federal Immigration and Nationality Act for 62 less than 1 year. 63 (b) Each agency shall verify through the SAVE Program the 64 eligibility under this subsection of any applicant for a state 65 or local public benefit administered by the agency. 66 (3)(a) Except as otherwise provided in 8 U.S.C. s. 1611(b), 67 an alien who is not a qualified alien is not eligible for any 68 federal public benefit. 69 (b) Each agency shall verify through the SAVE Program the 70 eligibility under this subsection of any applicant for a federal 71 public benefit administered by an agency. 72 (4)(a) An agency may not provide any state or local public 73 benefit or federal public benefit in violation of this section. 74 (b) Each agency that administers a state or local public 75 benefit or federal public benefit shall annually compile and 76 maintain information on its compliance with this section. 77 (c) In the implementation of this section, each agency 78 shall endeavor to improve efficiency, minimize delays in the 79 verification process, and provide for the expeditious resolution 80 of individual cases in which verification procedures would 81 impose undue hardship on a legal resident. An agency shall 82 report all errors in the SAVE Program to the United States 83 Department of Homeland Security. 84 Section 3. Section 901.37, Florida Statutes, is created to 85 read: 86 901.37.—Identification of unauthorized immigrants upon 87 arrest and confinement.— 88 (1) When a person is confined in a jail or other criminal 89 detention facility after being arrested, the agency having 90 custody of the person shall make a reasonable effort to 91 determine the nationality of the person and whether the person 92 is present in the United States lawfully, including, but not 93 limited to, participating in the submission of fingerprints 94 pursuant to the agreement under subsection (2). If the holding 95 agency establishes, independent of the submission of 96 fingerprints, that the person is not lawfully present in the 97 United States, the agency shall notify the United States 98 Department of Homeland Security. 99 (2) The Department of Law Enforcement shall enter into, and 100 perform all actions reasonably necessary to meet its obligations 101 under, a memorandum of agreement with the United States 102 Department of Homeland Security to implement a program through 103 which fingerprints submitted by local law enforcement agencies 104 during the arrest and booking process are checked against 105 federal databases in order to assess the immigration status of 106 individuals in custody. 107 (3) This section may not be construed to: 108 (a) Authorize the arrest of a person on suspicion that the 109 person is not present in the United States lawfully; or 110 (b) Deny a person bond or prevent release of a person from 111 confinement if the person is otherwise eligible for release. 112 However, for the purpose of the bail determination required by 113 s. 903.046, Florida Statutes, a determination that the person is 114 not present in the United States lawfully raises a rebuttable 115 presumption that there is a risk of flight to avoid prosecution. 116 Section 4. Section 945.80, Florida Statutes, is created to 117 read: 118 945.80 Rapid removal of deportable criminal aliens.— 119 (1) Notwithstanding any law to the contrary, and pursuant 120 to s. 241(a)(4)(B)(ii) of the federal Immigration and 121 Nationality Act, the secretary of the department shall release a 122 prisoner, prior to the completion of his or her sentence, to the 123 custody and control of the United States Immigration and Customs 124 Enforcement if: 125 (a) The prisoner is confined pursuant to a final conviction 126 for a nonviolent offense; 127 (b) The department has received a final order of removal 128 for the prisoner from the United States Immigration and Customs 129 Enforcement; and 130 (c) The secretary determines that removal is appropriate 131 and in the best interest of the state. 132 133 As used in this section, the term “nonviolent offense” means a 134 third-degree felony violation under chapter 810 or any other 135 felony offense that is not a forcible felony as defined in s. 136 776.08. 137 (2)(a) The department shall identify, during the inmate 138 reception process and among the existing inmate population, 139 prisoners who are eligible for removal under this section and 140 determine whether removal is appropriate and in the best 141 interest of the state. The department shall provide eligible 142 prisoners with information on this section. 143 (b) The department shall coordinate with federal 144 authorities to determine the eligibility of a prisoner for 145 removal and to obtain a final order of removal. 146 (3)(a) Upon approval for removal of the prisoner under this 147 section, the department shall establish a release date for the 148 prisoner to be transferred to federal custody. The department 149 shall maintain control of and responsibility for the custody of 150 the prisoner until the prisoner is physically transferred to 151 federal custody. 152 (b) In coordination with the department, the Parole 153 Commission shall provide notice and obtain acknowledgment in 154 writing that notice was provided to each alien who is approved 155 for removal and deportation that reentry into the United States 156 requires the return of the alien to the custody of the 157 department in order to complete the remainder of his or her 158 sentence imposed by the court. The alien must agree to release 159 into federal custody under this section. 160 (4) A prisoner who is released under this section shall be 161 under conditional supervision of the Parole Commission for the 162 remainder of the maximum period for which he or she has been 163 sentenced. 164 (a) The conditions of supervision for a prisoner who is 165 released under this section are that he or she must not: 166 1. Violate the law of this state or of any other 167 jurisdiction of the United States; or 168 2. Return to the United States after release. 169 (b) If a prisoner who is released under this section 170 returns to the United States, the Parole Commission shall revoke 171 the release of the prisoner in accordance with the procedures in 172 s. 947.141 and seek the return of the prisoner to the custody of 173 the department to serve the remainder of the sentence imposed by 174 the court. 175 (c) A prisoner whose conditional deportation release is 176 revoked is not thereafter eligible for any form of discretionary 177 release except as the result of accrual of any gain time earned 178 after return to prison. 179 (5) The secretary of the department shall pursue, and is 180 authorized to enter into, an agreement with the United States 181 Department of Homeland Security regarding the rapid repatriation 182 of removable custodial aliens from the United States pursuant to 183 this section. 184 (6) The department shall compile statistics on 185 implementation of this section, including, but not limited to: 186 (a) The number of prisoners who are transferred to federal 187 custody; 188 (b) The number of prisoners who are removed or deported; 189 (c) The number of releasees who reenter the United States, 190 including the number who are returned to the custody of the 191 department; and 192 (d) The annual cost-avoidance achieved. 193 (7) To the extent practicable, this section applies to all 194 prisoners actually in confinement on, and all prisoners taken 195 into confinement after, July 1, 2011. 196 Section 5. Section 947.141, Florida Statutes, is amended to 197 read: 198 947.141 Violations of conditional release, control release, 199orconditional medical release,oraddiction-recovery 200 supervision, or conditional deportation release.— 201 (1) If a member of the commission or a duly authorized 202 representative of the commission has reasonable grounds to 203 believe that an offender who is on release supervision under s. 204 947.1405, s. 947.146, s. 947.149,ors. 944.4731, or s. 945.80 205 has violated the terms and conditions of the release in a 206 material respect, such member or representative may cause a 207 warrant to be issued for the arrest of the releasee; if the 208 offender was found to be a sexual predator, the warrant must be 209 issued. 210 (2) Upon the arrest on a felony charge of an offender who 211 is on release supervision under s. 947.1405, s. 947.146, s. 212 947.149,ors. 944.4731, or s. 945.80, the offender must be 213 detained without bond until the initial appearance of the 214 offender at which a judicial determination of probable cause is 215 made. If the trial court judge determines that there was no 216 probable cause for the arrest, the offender may be released. If 217 the trial court judge determines that there was probable cause 218 for the arrest, such determination also constitutes reasonable 219 grounds to believe that the offender violated the conditions of 220 the release. Within 24 hours after the trial court judge’s 221 finding of probable cause, the detention facility administrator 222 or designee shall notify the commission and the department of 223 the finding and transmit to each a facsimile copy of the 224 probable cause affidavit or the sworn offense report upon which 225 the trial court judge’s probable cause determination is based. 226 The offender must continue to be detained without bond for a 227 period not exceeding 72 hours excluding weekends and holidays 228 after the date of the probable cause determination, pending a 229 decision by the commission whether to issue a warrant charging 230 the offender with violation of the conditions of release. Upon 231 the issuance of the commission’s warrant, the offender must 232 continue to be held in custody pending a revocation hearing held 233 in accordance with this section. 234 (3) Within 45 days after notice to the Parole Commission of 235 the arrest of a releasee charged with a violation of the terms 236 and conditions of conditional release, control release, 237 conditional medical release,oraddiction-recovery supervision, 238 or conditional deportation release, the releasee must be 239 afforded a hearing conducted by a commissioner or a duly 240 authorized representative thereof. If the releasee elects to 241 proceed with a hearing, the releasee must be informed orally and 242 in writing of the following: 243 (a) The alleged violation with which the releasee is 244 charged. 245 (b) The releasee’s right to be represented by counsel. 246 (c) The releasee’s right to be heard in person. 247 (d) The releasee’s right to secure, present, and compel the 248 attendance of witnesses relevant to the proceeding. 249 (e) The releasee’s right to produce documents on the 250 releasee’s own behalf. 251 (f) The releasee’s right of access to all evidence used 252 against the releasee and to confront and cross-examine adverse 253 witnesses. 254 (g) The releasee’s right to waive the hearing. 255 (4) Within a reasonable time following the hearing, the 256 commissioner or the commissioner’s duly authorized 257 representative who conducted the hearing shall make findings of 258 fact in regard to the alleged violation. A panel of no fewer 259 than two commissioners shall enter an order determining whether 260 the charge of violation of conditional release, control release, 261 conditional medical release,oraddiction-recovery supervision, 262 or conditional deportation release has been sustained based upon 263 the findings of fact presented by the hearing commissioner or 264 authorized representative. By such order, the panel may revoke 265 conditional release, control release, conditional medical 266 release,oraddiction-recovery supervision, or conditional 267 deportation release and thereby return the releasee to prison to 268 serve the sentence imposed, reinstate the original order 269 granting the release, or enter such other order as it considers 270 proper. Effective for inmates whose offenses were committed on 271 or after July 1, 1995, the panel may order the placement of a 272 releasee, upon a finding of violation pursuant to this 273 subsection, into a local detention facility as a condition of 274 supervision. For prisoners who have violated the conditions 275 governing removal and deportation of criminal aliens under s. 276 985.80, the commission shall order the return to prison. 277 (5) Effective for inmates whose offenses were committed on 278 or after July 1, 1995, notwithstanding the provisions of ss. 279 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and 280 951.23, or any other law to the contrary, by such order as 281 provided in subsection (4), the panel, upon a finding of guilt, 282 may, as a condition of continued supervision, place the releasee 283 in a local detention facility for a period of incarceration not 284 to exceed 22 months. Prior to the expiration of the term of 285 incarceration, or upon recommendation of the chief correctional 286 officer of that county, the commission shall cause inquiry into 287 the inmate’s release plan and custody status in the detention 288 facility and consider whether to restore the inmate to 289 supervision, modify the conditions of supervision, or enter an 290 order of revocation, thereby causing the return of the inmate to 291 prison to serve the sentence imposed. The provisions of this 292 section do not prohibit the panel from entering such other order 293 or conducting any investigation that it deems proper. The 294 commission may only place a person in a local detention facility 295 pursuant to this section if there is a contractual agreement 296 between the chief correctional officer of that county and the 297 Department of Corrections. The agreement must provide for a per 298 diem reimbursement for each person placed under this section, 299 which is payable by the Department of Corrections for the 300 duration of the offender’s placement in the facility. This 301 section does not limit the commission’s ability to place a 302 person in a local detention facility for less than 1 year. This 303 subsection is not applicable to a person violating the 304 conditions governing removal and deportation of criminal aliens 305 under s. 985.80. 306 (6) Whenever a conditional release, control release, 307 conditional medical release,oraddiction-recovery supervision, 308 or conditional deportation release is revoked by a panel of no 309 fewer than two commissioners and the releasee is ordered to be 310 returned to prison, the releasee, by reason of the misconduct, 311 shall be deemed to have forfeited all gain-time or commutation 312 of time for good conduct, as provided for by law, earned up to 313 the date of release. However, if a conditional medical release 314 is revoked due to the improved medical or physical condition of 315 the releasee, the releasee shall not forfeit gain-time accrued 316 before the date of conditional medical release. This subsection 317 does not deprive the prisoner of the right to gain-time or 318 commutation of time for good conduct, as provided by law, from 319 the date of return to prison. 320 (7) If a law enforcement officer has probable cause to 321 believe that an offender who is on release supervision under s. 322 947.1405, s. 947.146, s. 947.149,ors. 944.4731, or s. 945.80 323 has violated the terms and conditions of his or her release by 324 committing a felony offense, the officer shall arrest the 325 offender without a warrant, and a warrant need not be issued in 326 the case. 327 Section 6. This act shall take effect July 1, 2011. 328 329 330 ================= T I T L E A M E N D M E N T ================ 331 And the title is amended as follows: 332 Delete everything before the enacting clause 333 and insert: 334 A bill to be entitled 335 An act relating to enforcement of immigration laws; 336 amending s. 445.009, F.S.; requiring one-stop career center 337 staff to verify the employment eligibility of workers referred 338 to employers using a federal program for electronic verification 339 of employment eligibility; providing an exception; requiring 340 notice to employers on the exception to use of electronic 341 verification; providing definitions relating to administration 342 of public benefits; prohibiting an agency from providing 343 federal, state, or local public benefits to certain aliens; 344 providing exceptions; requiring an agency to verify the 345 eligibility of applicants for public benefits using the federal 346 Systematic Alien Verification for Entitlements Program; 347 requiring agencies to compile and maintain compliance 348 information; creating s. 901.37, F.S.; directing certain 349 agencies having custody of arrestees to make reasonable efforts 350 to determine whether the arrestees are present in the United 351 States lawfully; providing for fingerprints of the arrestees to 352 be checked against federal databases; providing that holding 353 agencies shall notify the United States Department of Homeland 354 Security regarding individuals in their custody whose unlawful 355 presence in the United States is established independently by 356 the agencies; requiring the Department of Law Enforcement to 357 enter into and maintain an agreement with the United States 358 Department of Homeland Security for checking fingerprints of 359 arrestees against federal databases to determine immigration 360 status; providing for a presumption as to risk of flight in 361 order to avoid prosecution; creating s. 945.80, F.S.; requiring 362 the Department of Corrections to release nonviolent inmates to 363 the custody of the United States Immigration and Customs 364 Enforcement under certain circumstances; providing a definition; 365 requiring the department to identify criminal aliens who are 366 eligible for removal; prescribing certain procedures for the 367 transfer of an inmate to federal custody; requiring the Parole 368 Commission to provide notice to such criminal aliens; providing 369 that a prisoner released under this authority shall be under 370 conditional supervision of the Parole Commission; prescribing 371 conditions of such supervision; providing for procedures for 372 revocation of release upon violation of the conditions; 373 providing that a releasee whose conditional release is revoked 374 is not thereafter eligible for any form of discretionary 375 release; providing an exception; directing the secretary of the 376 department to pursue an agreement with the United States 377 Department of Homeland Security regarding the rapid repatriation 378 of removable custodial aliens; requiring the department to 379 compile statistics; providing for applicability; amending s. 380 947.141, F.S.; conforming procedures relating to a violation of 381 conditional release to account for conditional release for 382 deportation; providing for issuance of a warrant, detention 383 without bond under certain conditions, a hearing conducted by a 384 commissioner of the Parole Commission or an authorized 385 representative, findings and entry of an order, revocation of 386 release, and arrest without a warrant under certain conditions; 387 providing an effective date. 388 389 WHEREAS, Florida ranks third among states in the size of 390 its unauthorized immigrant population, with an estimated range 391 of 725,000 to 950,000 unauthorized immigrants in this state, and 392 WHEREAS, unauthorized immigration contributes directly and 393 indirectly to substantial costs to the state in policy areas 394 including, but not limited to, law enforcement, criminal 395 justice, labor and employment, education, health care, and human 396 services, and 397 WHEREAS, the costs related to unauthorized immigration can 398 consume limited state resources, and 399 WHEREAS, the federal government has failed to enforce 400 immigration laws adequately and to adopt and implement 401 comprehensive reforms to immigration laws in order to control 402 and contain unauthorized immigration effectively, and 403 WHEREAS, because of the federal government’s failure, and 404 because they cannot ignore the challenges posed by unauthorized 405 immigration, states must assume the mantle of leadership for 406 enacting policies to promote within their borders compliance 407 with the immigration laws of this nation, NOW, THEREFORE,