1 | Representative Randolph offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 412-442 and insert: |
5 | exceed $7,150. However, the total amount of benefits, if not a |
6 | multiple of $1, is rounded downward to the nearest full dollar |
7 | amount. These benefits are payable at a weekly rate no greater |
8 | than the weekly benefit amount. |
9 | (c) For claims submitted during a calendar year, the |
10 | duration of benefits is limited to: |
11 | 1. 16 weeks if the Florida average unemployment rate is at |
12 | or below 5 percent. |
13 | 2. An additional week in addition to the 16 weeks for each |
14 | 0.5 percent increment in the Florida average unemployment rate |
15 | above 5 percent, up to a maximum of 26 weeks. |
16 | (d) Notwithstanding any other provision in this section, |
17 | an eligible individual whose employer has violated the |
18 | provisions of s. 435.12 within 36 months after the individual |
19 | filing for benefits is entitled to benefits equal to twice the |
20 | amount described in this section. |
21 | (e)2. For the purposes of this subsection, wages are |
22 | counted as "wages for insured work" for benefit purposes with |
23 | respect to any benefit year only if the benefit year begins |
24 | after the date the employing unit by whom the wages were paid |
25 | has satisfied the conditions of this chapter for becoming an |
26 | employer. |
27 | (f)(b) If the remuneration of an individual is not based |
28 | upon a fixed period or duration of time or if the individual's |
29 | wages are paid at irregular intervals or in a manner that does |
30 | not extend regularly over the period of employment, the wages |
31 | for any week or for any calendar quarter for the purpose of |
32 | computing an individual's right to employment benefits only are |
33 | determined in the manner prescribed by rule. These rules, to the |
34 | extent practicable, must secure results reasonably similar to |
35 | those that would prevail if the individual were paid her or his |
36 | wages at regular intervals. |
37 | Section 9. Section 435.12, Florida Statutes, is created to |
38 | read: |
39 | 435.12 Employment of unauthorized aliens.- |
40 | (1) As used in this section, the term: |
41 | (a) "Employee" means any person who performs employment |
42 | services in this state for an employer pursuant to an employment |
43 | relationship between the employee and employer. |
44 | (b) "Employer" means any individual or type of |
45 | organization transacting business in this state and employing |
46 | one or more individuals who perform employment services in this |
47 | state. |
48 | (c) "E-Verify system" means the Employment Authorization |
49 | Program, formerly the "Basic Pilot Program," under Pub. L. No. |
50 | 104-208, Div. C, Title IV, Subtitle A, 110 Stat. 3009-655 (Sept. |
51 | 30, 1996), as amended, or any successor program designated by |
52 | the Federal Government for verification that an employee is an |
53 | employment-authorized alien. |
54 | (d) "Knowingly employ an unauthorized alien" means the |
55 | actions described in 8 U.S.C. s. 1324a. This term shall be |
56 | interpreted consistently with 8 U.S.C. s. 1324a and any |
57 | applicable federal rules and regulations. |
58 | (e) "Unauthorized alien" means an alien who is not |
59 | authorized under federal law to be employed in the United |
60 | States, as described in 8 U.S.C. s. 1324a(h)(3). |
61 | (2) An employer may not knowingly employ an unauthorized |
62 | alien. |
63 | (3) Beginning July 1, 2011, an employer with more than 25 |
64 | employees must use the E-Verify system to verify the employment |
65 | eligibility of all newly hired employees. |
66 | (4) For the purposes of this section, compliance with |
67 | subsection (3) creates a rebuttable presumption that an employer |
68 | did not knowingly employ an unauthorized alien in violation of |
69 | subsection (2). |
70 | (5)(a) An employer who knowingly employs an unauthorized |
71 | alien commits a misdemeanor of the second degree, punishable as |
72 | provided in s. 775.082 or s. 775.083, shall be assessed a fine |
73 | of $10,000 for each unauthorized alien knowingly employed, and |
74 | shall be ineligible to bid on any local or state government |
75 | project or contract for 3 years. Any and all fines collected |
76 | pursuant to this subsection shall be deposited into the |
77 | Unemployment Compensation Trust Fund. |
78 | (b) On receipt of a complaint that an employer allegedly |
79 | knowingly employs an unauthorized alien, the state attorney with |
80 | jurisdiction over the county in which the unauthorized alien was |
81 | employed shall investigate the complaint and shall verify the |
82 | employment eligibility of the alleged unauthorized alien. A |
83 | person who knowingly files a false or frivolous complaint under |
84 | this section commits a misdemeanor of the second degree, |
85 | punishable as provided in s. 775.082 or s. 775.083. |
86 |
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87 |
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88 | ----------------------------------------------------- |
89 | T I T L E A M E N D M E N T |
90 | Remove lines 22-24 and insert: |
91 | F.S.; providing a definition; revising the calculation of the |
92 | number of weeks of a claimant's benefit eligibility; creating s. |
93 | 435.12, F.S.; providing definitions; prohibiting an employer |
94 | from employing an unauthorized alien; requiring certain |
95 | employers to use the Employment Authorization Program to verify |
96 | the employment eligibility of each newly hired employee on or |
97 | after a specified date; providing penalties; providing |
98 | procedures for complaints alleging that an employer has employed |
99 | an unauthorized alien; providing penalties; amending s. |
100 | 443.1216, |