Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for SB 2040
Barcode 730724
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
05/03/2011 03:30 PM .
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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,
199 or conditional medical release, or addiction-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, or s. 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, or s. 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, or addiction-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, or addiction-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, or addiction-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, or addiction-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, or s. 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,