Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 2040
                                Barcode 928878                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1A/F/2R         .                                
             05/03/2011 03:16 PM       .                                

       Senator Thrasher 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.—
   73         (1) It is a noncriminal violation as defined in s.
   74  775.08(3) for an employer to have in employment a person hired
   75  on or after July 1, 2012, who is an unauthorized alien if the
   76  employer did not:
   77         (a) Verify the employment eligibility of the person through
   78  the E-Verify Program before making an offer of employment and
   79  conclude, based on the verification, that the person was
   80  authorized to work in the United States; or
   81         (b) Rely in good faith upon an employment referral from a
   82  one-stop career center and retain a certification from the one
   83  stop center that the person is authorized to work in the United
   84  States, as provided under s. 445.009.
   85         (2) Each violation of this section is punishable as
   86  provided in s. 775.082(5).
   87         (a) The first violation is punishable by a civil fine of
   88  not more than $500, multiplied by the number of unauthorized
   89  aliens with respect to whom the violation occurred.
   90         (b) The second violation is punishable by a civil fine of
   91  not more than $1,000, multiplied by the number of aliens with
   92  respect to whom the violation occurred.
   93         (c) The third or subsequent violation is punishable by a
   94  civil fine of not more than $1,500, multiplied by the number of
   95  aliens with respect to whom the violation occurred.
   96         (3) A person who has actual or constructive knowledge that
   97  an employer employs, or has within the last 90 days employed, an
   98  unauthorized alien may file a complaint with the state attorney
   99  or Attorney General. The state attorney or Attorney General may
  100  enforce this section if there is reasonable cause to believe
  101  that this section has been violated and may commence a civil or
  102  administrative action and seek such other relief as may be
  103  appropriate.
  104         (4) This section does not apply to an employer that is an
  105  agency.
  108  ================= T I T L E  A M E N D M E N T ================
  109         And the title is amended as follows:
  110         Delete line 341
  111  and insert:
  112         verification; directing the Division of Statutory
  113         Revision to designate specified new statutory sections
  114         as part III of ch. 448, F.S., and name the part
  115         “Unauthorized Aliens”; creating s. 448.30, F.S.;
  116         providing definitions relating to employment and
  117         unauthorized aliens; creating s. 448.31, F.S.;
  118         requiring state agencies to register with and use the
  119         federal program for electronic verification of
  120         employment eligibility in order to verify the
  121         employment eligibility of prospective employees before
  122         they are offered employment; providing an exception;
  123         creating s. 448.32, F.S.; prescribing a noncriminal
  124         violation for employing an unauthorized alien under
  125         specified circumstances; providing for civil fines;
  126         authorizing a person with knowledge of a violation to
  127         file a complaint; providing for enforcement; providing
  128         an exception to application of the noncriminal
  129         violation; providing definitions relating to
  130         administration