Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SPB 7066 Barcode 727086 LEGISLATIVE ACTION Senate . House Comm: FAV . 03/14/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Flores) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. The Division of Statutory Revision shall 6 designate ss. 448.30 and 448.31, Florida Statutes, as created by 7 this act, as part III of chapter 448, Florida Statutes, titled 8 “UNAUTHORIZED IMMIGRANTS.” 9 Section 2. Section 448.30, Florida Statutes, is created to 10 read: 11 448.30 Definitions.—As used in this part, the term: 12 (1) “Agency” means a department, board, bureau, district, 13 commission, authority, or other similar body of this state or a 14 county, municipality, special district, or other political 15 subdivision of this state which issues a license for purposes of 16 operating a business in this state or in any jurisdiction within 17 this state. 18 (2) “Employee” means any person, other than an independent 19 contractor, who, for consideration, provides labor or services 20 to an employer in this state. 21 (3) “Employer” means a person or agency that employs one or 22 more employees in this state. In the case of an independent 23 contractor, the term means the independent contractor and does 24 not mean the person or agency that uses the contract labor. 25 (4) “E-Verify Program” means the program for electronic 26 verification of employment eligibility which is operated by the 27 United States Department of Homeland Security, or any successor 28 program. 29 (5) “Independent contractor” means a person that carries on 30 an independent business, contracts to do a piece of work 31 according to its own means and methods, and is subject to 32 control only as to results. 33 (6) “License” means any license, permit, certificate, 34 approval, registration, charter, or similar form of 35 authorization that is required by law and issued by any agency 36 for the purpose of operating a business in this state. The term 37 includes, but is not limited to, articles of incorporation, a 38 certificate of partnership, a partnership registration, articles 39 of organization, and a transaction privilege tax license. 40 Section 3. Section 448.31, Florida Statutes, is created to 41 read: 42 448.31 Verification of employment eligibility.— 43 (1) An employer who hires a new employee on or after July 44 1, 2012, shall: 45 (a) Register with the E-Verify Program; 46 (b) Upon acceptance on or after that date of an offer of 47 employment by the new employee, verify the employment 48 eligibility of the employee through, and in accordance with the 49 requirements of, the E-Verify Program; and 50 (c) Maintain a record of the verification for 3 years after 51 the date of hire or one year after the date employment ends, 52 whichever is longer. 53 (2)(a) The requirements of subsection (1) do not apply if 54 the new employee presents to the employer one of the following 55 documents as part of the I-9 process for verifying employment 56 eligibility under federal law: 57 1. An unexpired United States passport or United States 58 passport card; 59 2. An unexpired driver’s license that is issued by a state 60 or outlying possession of the United States and that contains a 61 photograph of the employee; 62 3. An unexpired foreign passport that contains a United 63 States visa evidencing applicable work authorization and a 64 corresponding unexpired Form I-94; or 65 4. A secure national identification card, or similar 66 document issued pursuant to federal law. 67 (b) The employer shall maintain, for 3 years after the date 68 of hire or one year after the date employment ends, whichever is 69 longer, a record of the type of document the employee presented, 70 including a legible photocopy of the document. Photocopies may 71 only be used for the verification process and must be retained 72 with the federal Form I-9. 73 (3) The Attorney General shall quarterly request from the 74 United States Department of Homeland Security a list of 75 employers in this state who are registered with the E-Verify 76 Program. The Attorney General shall make the list available on 77 the website for the Office of the Attorney General but shall 78 include a conspicuous notation that employers who comply with 79 subsection (2) are exempt from the requirement to register with 80 the E-Verify Program. 81 (4) An employer who fails to comply with this section is 82 subject to the suspension of any license held by the employer 83 through the period of noncompliance. The suspension of a license 84 pursuant to this subsection must comply with the provisions of 85 s. 120.60(5). 86 (5) An employer who terminates an employee in accordance 87 with federal regulations upon a final determination of 88 ineligibility for employment through the E-Verify Program is not 89 liable for wrongful termination. 90 Section 4. Law enforcement and criminal justice agency 91 coordination with Federal Government on unauthorized 92 immigration.— 93 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 94 that law enforcement and criminal justice agencies in this state 95 work cooperatively with the Federal Government in the 96 identification of unauthorized immigrants and the enforcement of 97 state and federal immigration laws. It further is the intent of 98 the Legislature to maximize opportunities to transfer 99 responsibility for the custody and detention of unauthorized 100 immigrants who are accused or convicted of crimes from state and 101 local governments to the Federal Government in order to ensure 102 the safety of the residents of this state and to reduce costs to 103 the criminal justice system, while also protecting the due 104 process rights of individuals accused or convicted of crimes. 105 (2) DELEGATED ENFORCEMENT AUTHORITY.— 106 (a)1. The Department of Corrections shall request from the 107 United States Department of Homeland Security approval to enter 108 into a memorandum of agreement to have employees or contractors 109 of the Department of Corrections trained by the Department of 110 Homeland Security as jail enforcement officers under s. 287(g) 111 of the federal Immigration and Nationality Act. The Department 112 of Corrections shall take all actions necessary to maintain the 113 agreement. 114 2. The Department of Corrections shall report by November 115 1, 2011, to the Governor, the President of the Senate, and the 116 Speaker of the House of Representatives on the status of 117 implementation of this paragraph. If the department has not 118 entered into a memorandum of agreement with the Department of 119 Homeland Security by that date, the department shall identify in 120 the report any barriers to full implementation of this 121 paragraph. 122 3. By February 1 of each year, the Department of 123 Corrections shall report to the Governor, the President of the 124 Senate, and the Speaker of the House of Representatives on the 125 enforcement activities conducted under this paragraph, 126 including, but not limited to, the number of inmates identified 127 as being unauthorized immigrants, placed in federal custody, or 128 deported. 129 (b)1. The Department of Law Enforcement shall request from 130 the United States Department of Homeland Security approval to 131 enter into a memorandum of agreement to have employees of the 132 Department of Law Enforcement trained by the Department of 133 Homeland Security as task force officers under s. 287(g) of the 134 federal Immigration and Nationality Act. The Department of Law 135 Enforcement shall take all actions necessary to maintain the 136 agreement. 137 2. By February 1 of each year, the Department of Law 138 Enforcement shall report to the Governor, the President of the 139 Senate, and the Speaker of the House of Representatives on the 140 enforcement activities conducted under this paragraph. 141 (c) The sheriff of each county shall evaluate the 142 feasibility of entering into a memorandum of agreement with the 143 United States Department of Homeland Security to have employees 144 of the sheriff trained by the Department of Homeland Security as 145 jail enforcement officers or task force officers under s. 287(g) 146 of the federal Immigration and Nationality Act. The Department 147 of Law Enforcement, upon request by a sheriff, shall assist the 148 sheriff with the feasibility evaluation. If the sheriff 149 determines that entering into an agreement is feasible, the 150 sheriff shall make a request for an agreement to the Department 151 of Homeland Security. 152 (3) IDENTIFICATION UPON ARREST.— 153 (a) When a person is confined in a jail, prison, or other 154 criminal detention facility, the arresting agency shall make a 155 reasonable effort to determine the nationality of the person and 156 whether the person is present in the United States lawfully, 157 including, but not limited to, participating in the submission 158 of fingerprints pursuant to the agreement under paragraph (b). 159 If the arresting agency establishes, independent of the 160 submission of fingerprints, that the person is not lawfully 161 present in the United States, the agency shall notify the United 162 States Department of Homeland Security. 163 (b) The Department of Law Enforcement shall enter into, and 164 take all actions necessary to maintain, a memorandum of 165 agreement with the Department of Homeland Security to implement 166 a program through which fingerprints submitted by local law 167 enforcement agencies during the arrest and booking process are 168 checked against federal databases in order to assess the 169 immigration status of individuals in custody. 170 (c) This subsection may not be construed to deny a person 171 bond or to prevent release of a person from confinement if the 172 person is otherwise eligible for release. However, for the 173 purpose of the bail determination required by s. 903.046, 174 Florida Statutes, a determination that the person is not present 175 in the United States lawfully raises a presumption that there is 176 a risk of flight to avoid prosecution. 177 Section 5. Section 945.80, Florida Statutes, is created to 178 read: 179 945.80 Removal and deportation of criminal aliens.— 180 (1) Notwithstanding any law to the contrary, and pursuant 181 to s. 241(a)(4)(B)(ii) of the federal Immigration and 182 Nationality Act, the secretary of the department shall release a 183 prisoner to the custody and control of the United States 184 Immigration and Customs Enforcement if: 185 (a) The prisoner was convicted of a nonviolent offense; 186 (b) The department has received a final order of removal 187 for the prisoner from the United States Immigration and Customs 188 Enforcement; and 189 (c) The secretary determines that removal is appropriate 190 and in the best interest of the state. 191 192 A person is ineligible for release under this section if he or 193 she would be ineligible for control release under s. 194 947.146(3)(a)-(m). 195 (2)(a) The department shall identify, during the inmate 196 reception process and among the existing inmate population, 197 prisoners who are eligible for removal under this section and 198 determine whether removal is appropriate and in the best 199 interest of the state. 200 (b) The department shall coordinate with federal 201 authorities to determine the eligibility of a prisoner for 202 removal and to obtain a final order of removal. 203 (3) Upon approval for removal of the prisoner under this 204 section, the department shall establish a release date for the 205 prisoner to be transferred to federal custody. The department 206 shall maintain exclusive control of and responsibility for the 207 custody and transportation of the prisoner until the prisoner is 208 physically transferred to federal custody. 209 (4)(a) If a prisoner who is released under this section 210 returns unlawfully to the United States, upon notice from any 211 state or federal law enforcement agency that the prisoner is 212 incarcerated, the secretary shall revoke the release of the 213 prisoner and seek the return of the prisoner to the custody of 214 the department in order to serve the remainder of the sentence 215 imposed by the court. The prisoner is not eligible for probation 216 or community control with respect to any sentence affected by 217 the release under this section. 218 (b) The department shall notify each prisoner who is 219 eligible for removal of the provisions of this subsection. 220 (5) The secretary of the department may enter into an 221 agreement with the United States Department of Homeland Security 222 regarding the rapid repatriation of removable custodial aliens 223 from the United States pursuant to this section. 224 (6) The department shall compile statistics on 225 implementation of this section, including, but not limited to: 226 (a) The number of prisoners who are transferred to federal 227 custody; 228 (b) The number of prisoners who reenter the United States; 229 and 230 (c) The annual cost-avoidance achieved. 231 (7) To the extent practicable, this section applies to all 232 prisoners actually in confinement on, and all prisoners taken 233 into confinement after, July 1, 2011. 234 Section 6. (1) The Legislature finds that the costs 235 incurred by the state related to unauthorized immigration are 236 exacerbated by the failure of the Federal Government to enforce 237 immigration laws adequately and to adopt and implement 238 comprehensive reforms to immigration laws in order to control 239 and contain unauthorized immigration more effectively. 240 (2)(a) The Agency for Workforce Innovation, in consultation 241 with the Office of Economic and Demographic Research, shall 242 prepare a report by December 1, 2011, quantifying the costs to 243 the state which are attributable to unauthorized immigration. 244 The agency shall submit the report to the Governor, the 245 President of the Senate, and the Speaker of the House of 246 Representatives by that date. 247 (b) Before January 1, 2012, the director of the Agency for 248 Workforce Innovation shall, in consultation with the Office of 249 the Governor, submit to the appropriate federal agency or 250 official a request, based on the total costs quantified under 251 paragraph (a), for reimbursement to the state of those costs or 252 a corresponding reduction in or forgiveness of any debt, 253 interest payments, or other moneys owed by the state to the 254 Federal Government as a result of borrowing from the Federal 255 Government to fund unemployment compensation claims. 256 Section 7. This act shall take effect July 1, 2011. 257 258 259 ================= T I T L E A M E N D M E N T ================ 260 And the title is amended as follows: 261 Delete everything before the enacting clause 262 and insert: 263 A bill to be entitled 264 An act relating to unauthorized immigrants; directing the 265 Division of Statutory Revision to designate specified new 266 statutory sections as part III of ch. 448, F.S., and name the 267 part “Unauthorized Immigrants”; creating s. 448.30, F.S.; 268 defining terms; creating s. 448.31, F.S.; requiring every 269 employer to use the federal program for electronic verification 270 of employment eligibility in order to verify the employment 271 eligibility of each employee hired on or after a specified date; 272 providing an exception in the case of employees who present 273 specified documents to the employer; requiring the Attorney 274 General to request from the Department of Homeland Security a 275 list of employers who are registered with the E-Verify Program 276 and to post that list to the Attorney General’s website; 277 providing that an employer who does not comply with the 278 employment requirements is subject to loss of its license to do 279 business in this state; providing that an employer who 280 terminates an employee under certain conditions is not liable 281 for wrongful termination; providing legislative intent for law 282 enforcement and criminal justice agencies to coordinate with the 283 Federal Government on the identification of unauthorized 284 immigrants and enforcement of immigration laws; directing the 285 Department of Corrections and the Department of Law Enforcement 286 to pursue and maintain agreements with the United States 287 Department of Homeland Security for the training of certain 288 personnel related to the enforcement of immigration laws; 289 requiring reports on activity under the agreements; directing 290 sheriffs to evaluate the feasibility of entering into such 291 agreements; directing arresting agencies to make reasonable 292 efforts to determine whether arrestees are present in the United 293 States lawfully; requiring the Department of Law Enforcement to 294 enter into and maintain an agreement with the United States 295 Department of Homeland Security for checking fingerprints of 296 arrestees against federal databases to determine immigration 297 status; providing for a presumption as to risk of flight in 298 order to avoid prosecution; creating s. 945.80, F.S.; requiring 299 the Department of Corrections to release nonviolent inmates to 300 the custody of the United States Immigration and Customs 301 Enforcement under certain circumstances; requiring the 302 department to identify inmates who are eligible for removal and 303 deportation; establishing certain procedures for the transfer of 304 an inmate to federal custody; providing for a released inmate to 305 serve the remainder of his or her sentence upon unlawfully 306 returning to the United States; authorizing the secretary of the 307 department to enter into an agreement with the Department of 308 Homeland Security regarding the rapid repatriation of removable 309 custodial aliens; requiring the department to compile 310 statistics; providing for applicability; providing legislative 311 findings related to costs incurred by the state from 312 unauthorized immigration; requiring the Agency for Workforce 313 Innovation to prepare a report quantifying the costs; requiring 314 the director of the agency to submit to the Federal Government a 315 request for reimbursement of the costs or a reduction in moneys 316 owed to the Federal Government as a result of borrowing to fund 317 unemployment compensation claims; providing an effective date. 318