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)
    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         945.80Rapid 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.
  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.
  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.
  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,