CS/HB 7089

1	A bill to be entitled
2	An act relating to the enforcement of immigration laws;
3	providing a short title; providing a directive to the
4	Division of Statutory Revision; creating s. 820.01, F.S.;
5	providing legislative intent; creating s. 820.02, F.S.;
6	prohibiting the state or its political subdivisions from
7	limiting or restricting the enforcement of federal
8	immigration laws; providing that the state or its
9	political subdivisions may not be prohibited from
10	maintaining or exchanging information regarding
11	immigration status for certain purposes; providing for
12	enforcement and penalties; authorizing a law enforcement
13	officer to determine immigration status under certain
14	circumstances; providing that an alien who is in this
15	state and is unlawfully present in the United States
16	commits a misdemeanor of the second degree; providing
17	penalties; requiring implementation consistent with
18	federal law; prohibiting law enforcement officers from
19	using race, color, or national origin in the enforcement;
20	creating s. 820.03, F.S.; providing definitions; requiring
21	every employer to use the federal E-Verify system to
22	verify the employment eligibility of each employee on or
23	after a specified date; prohibiting an employer from
24	knowingly employing an unauthorized alien; requiring that
25	each verification be made in accordance with certain
26	provisions of federal law; authorizing certain persons to
27	file a complaint with the licensing agency alleging that
28	an employer has employed an unauthorized alien; providing
29	for enforcement and penalties; providing that an employer
30	is not liable for hiring, refusing to hire, or terminating
31	an employee under certain conditions; authorizing an
32	employer or employee to seek an injunction under certain
33	circumstances; authorizing certain persons to file a
34	complaint with the state attorney or Attorney General
35	alleging that an employer has employed an unauthorized
36	alien; authorizing enforcement by the state attorney and
37	Attorney General; providing penalties; prohibiting the
38	filing of a complaint based on race, color, or national
39	origin; providing that a person who knowingly files a
40	false and frivolous complaint commits a misdemeanor of the
41	second degree; providing for construction; transferring
42	and renumbering s. 448.09, F.S., relating to a prohibition
43	on employment of unauthorized aliens; creating s. 287.135,
44	F.S.; providing definitions; requiring public employers to
45	use the federal E-Verify system to verify the employment
46	eligibility of each employee; prohibiting a public
47	employer from knowingly employing an unauthorized alien;
48	providing that a public employer is not liable for hiring,
49	refusing to hire, or terminating an employee under certain
50	conditions; prohibiting public employers from entering
51	into a contract for contractual services with contractors
52	that are not registered and participating in the federal
53	E-Verify system; prohibiting certain contractors and
54	subcontractors from knowingly employing an unauthorized
55	alien; providing procedures and requirements; providing
56	that certain contractors and subcontractors are not liable
57	for hiring, refusing to hire, or terminating an employee
58	under certain conditions; providing for enforcement
59	without regard to race, color, or national origin;
60	creating s. 337.163, F.S.; providing definitions;
61	prohibiting the Department of Transportation from entering
62	into certain contracts with contractors that are not
63	registered and participating in the federal E-Verify
64	system; prohibiting certain contractors and subcontractors
65	from knowingly employing an unauthorized alien; providing
66	procedures and requirements; creating a rebuttable
67	presumption that certain contractors and subcontractors
68	did not knowingly employ an unauthorized alien; providing
69	for enforcement without regard to race, color, or national
70	origin; amending s. 901.15, F.S.; providing an additional
71	instance whereby an arrest may be made by a law
72	enforcement officer without a warrant; amending s.
73	903.046, F.S.; providing additional criteria for the court
74	to consider when determining whether to release a
75	defendant on bail or other conditions; creating s.
76	921.245, F.S.; providing for enhanced maximum criminal
77	penalties when an offense is committed by an alien
78	unlawfully present in the United States; providing
79	severability; providing legislative findings of public
80	necessity; providing effective dates.
81
82	Be It Enacted by the Legislature of the State of Florida:
83
84	Section 1.  Short title.-This act may be cited as the
85	"Florida Immigration Enforcement Act."
86	Section 2.  The Division of Statutory Revision is directed
87	to create chapter 820, Florida Statutes, to be entitled
88	"IMMIGRATION ENFORCEMENT."
89	Section 3.  Section 820.01, Florida Statutes, is created to
90	read:
91	820.01  Intent.-The Legislature finds that there is a
92	compelling interest in the cooperative enforcement of federal
93	immigration laws throughout the state. The Legislature declares
94	that the intent of this chapter is to discourage and deter the
95	unlawful entry and presence of aliens in this state. The
96	provisions of this chapter are intended to work together to
97	accomplish this purpose.
98	Section 4.  Section 820.02, Florida Statutes, is created to
99	read:
100	820.02  Cooperation and assistance in enforcement of
101	immigration laws.-
102	(1)(a)  An official or agency of this state or a county,
103	municipality, or other political subdivision of this state may
104	not limit or restrict the enforcement of federal immigration
105	laws to less than the full extent permitted by federal law.
106	(b)  Except as provided in federal law, officials or
107	agencies of this state and counties, municipalities, and other
108	political subdivisions of this state may not be prohibited or in
109	any way be restricted from sending, receiving, or maintaining
110	information relating to the immigration status, lawful or
111	unlawful, of any individual or exchanging that information with
112	any other federal, state, or local governmental entity for the
113	following official purposes:
114	1.  Determining eligibility for any public benefit,
115	service, or license provided by the Federal Government, the
116	state, or any county, municipality, or other political
117	subdivision of this state.
118	2.  Verifying any claim of residence or domicile if
119	determination of residence or domicile is required under federal
120	law, the laws of this state, or a judicial order issued pursuant
121	to a civil or criminal proceeding in this state.
122	3.  If the person is an alien, determining whether the
123	person is in compliance with the federal registration laws
124	prescribed by Title II, Chapter 7 of the federal Immigration and
125	Nationality Act.
126	4.  Complying with 8 U.S.C. ss. 1373 and 1644.
127	(c)1.  The Attorney General may enforce this subsection if
128	there is reasonable cause to believe that this subsection has
129	been violated and may commence a civil or administrative action
130	and, in addition to the penalty provided in this subparagraph,
131	may seek such other relief as may be appropriate. If there is a
132	judicial finding that an entity has violated this subsection,
133	the court shall order that the entity pay a civil penalty of not
134	less than $500 and not more than $5,000 for each day that the
135	policy remains in effect after the filing of an action under
136	this subsection.
137	2.  The court shall collect the civil penalty prescribed in
138	subparagraph 1. and deposit the moneys in the Violent Crime
139	Investigative Emergency and Drug Control Strategy Implementation
140	Account within the Department of Law Enforcement Operating Trust
141	Fund pursuant to s. 943.042.
142	(2)(a)1.  A reasonable attempt may be made to determine the
143	immigration status of a person who is the subject of a criminal
144	investigation by a law enforcement official or a law enforcement
145	agency of this state or of a county, municipality, or other
146	political subdivision of this state, if reasonable suspicion
147	exists that the person is an alien and is unlawfully present in
148	the United States.
149	2.  A reasonable attempt shall be made to determine the
150	immigration status of a person who is arrested by a law
151	enforcement official or a law enforcement agency of this state
152	or of a county, municipality, or other political subdivision of
153	this state before the person is released, if reasonable
154	suspicion exists that the person is an alien and is unlawfully
155	present in the United States.
156	(b)  Immigration status shall be verified under this
157	subsection with the Federal Government pursuant to 8 U.S.C. s.
158	1373(c). If the person's status is reported by the Federal
159	Government as unlawfully present in the United States, the law
160	enforcement official or law enforcement agency must, as soon as
161	practicable, report that person to the United States Immigration
162	and Customs Enforcement or the United States Customs and Border
163	Protection.
164	(3)  An alien who is in this state and is unlawfully
165	present in the United States commits a misdemeanor of the second
166	degree, punishable as provided in s. 775.082 and by a fine not
167	to exceed $100. For a first violation of this subsection, the
168	court may not sentence the person to more than 20 days in jail.
169	For a second or subsequent violation, the court may not sentence
170	the person to more than 30 days in jail.
171	(4)  A state or local correctional facility shall
172	immediately notify the United States Immigration and Customs
173	Enforcement or the United States Customs and Border Protection
174	prior to the discharge from imprisonment of an alien unlawfully
175	present in the United States.
176	(5)  In the implementation of this section, an alien's
177	immigration status may be determined by:
178	(a)  A law enforcement officer who is authorized by the
179	Federal Government to verify or ascertain an alien's immigration
180	status.
181	(b)  The United States Immigration and Customs Enforcement
182	or the United States Customs and Border Protection pursuant to 8
183	U.S.C. s. 1373(c).
184	(6)  This section shall be implemented in a manner
185	consistent with federal laws regulating immigration, protecting
186	the civil rights of all persons, and respecting the privileges
187	and immunities of United States citizens. A law enforcement
188	official or agency of this state or a county, municipality, or
189	other political subdivision of this state may not consider race,
190	color, or national origin in the enforcement of this section
191	except to the extent permitted by the United States Constitution
192	or the State Constitution.
193	Section 5.  Effective July 1, 2012, section 820.03, Florida
194	Statutes, is created to read:
195	820.03  Use of E-Verify system required for private
196	employers; licensing enforcement.-
197	(1)  DEFINITIONS.-As used in this section, the term:
198	(a)  "Agency" means an agency, department, board, or
199	commission of this state or a county, municipality, or political
200	subdivision issuing a license for the purpose of operating a
201	business in this state.
202	(b)  "E-Verify system" means the Employment Authorization
203	Program, formerly the "Basic Pilot Program," under Pub. L. No.
204	104-208, Division C, Title IV, Subtitle A, s. 403, 110 Stat.
205	3009-655 (Sept. 30, 1996), as amended, or any successor program
206	designated by the Federal Government for verification that an
207	employee is an employment-authorized alien.
208	(c)  "Employee" means any person who performs employment
209	services in this state for an employer pursuant to an employment
210	relationship between the person and employer. An employee does
211	not include an independent contractor.
212	(d)  "Employer" means any person or entity transacting
213	business in this state that employs individuals. The term does
214	not include:
215	1.  A government employer;
216	2.  The occupant or owner of a private residence who hires
217	casual domestic labor to perform work customarily performed by a
218	homeowner entirely within a private residence;
219	3.  That portion of labor and services provided to a person
220	or entity by a licensed independent contractor; or
221	4.  An employee leasing company licensed pursuant to part
222	XI of chapter 468 that enters into a written agreement or
223	understanding with its client company which places the primary
224	obligation for compliance with this part upon its client
225	company. In the absence of a written agreement or understanding,
226	the contracting party, whether the licensed employee leasing
227	company or client company, that initially hires the leased
228	employee is responsible for the obligations set forth in this
229	part. Such employee leasing company shall, at all times, remain
230	an employer as otherwise specified by law.
231	(e)  "Knowingly employ an unauthorized alien" has the same
232	meaning as prescribed in 8 U.S.C. s. 1324a. The term shall be
233	interpreted consistently with 8 U.S.C. s. 1324a and any federal
234	rule or regulation applicable to the unlawful employment of
235	aliens.
236	(f)  "License" means a license, permit, certificate,
237	approval, registration, charter, or similar form of
238	authorization required by law and issued by an agency for the
239	purpose of operating a business. A license includes, but is not
240	limited to:
241	1.  Articles of incorporation.
242	2.  A certificate of partnership, a partnership
243	registration, or articles of organization.
244	3.  A grant of authority issued pursuant to state or
245	federal law.
246	4.  A transaction privilege tax license.
247	(g)  "Unauthorized alien" means an alien who is not
248	authorized under federal law to be employed in the United
249	States, as provided in 8 U.S.C. s. 1324a(h)(3). This term shall
250	be interpreted consistently with that section and any applicable
251	federal rules or regulations.
252	(2)  VERIFICATION OF EMPLOYMENT ELIGIBILITY; SUSPENSION OF
253	LICENSE.-Paragraphs (a) and (b) apply with respect to employers
254	employing 100 or more employees on or after July 1, 2012, and
255	with respect to all employers on and after July 1, 2013.
256	(a)  Every employer shall use the E-Verify system to verify
257	the employment eligibility of all newly hired employees within
258	the period stipulated by federal law or regulations after the
259	hiring of the employee. However, an employer is not required to
260	verify the employment eligibility of a continuing employee hired
261	before the date of the applicability of the verification
262	requirements of this section on the employer.
263	(b)  A business that has not complied with paragraph (a)
264	shall lose its license to do business in this state until the
265	business has registered with the E-Verify system and provided
266	the agency with a sworn affidavit stating that the business has
267	registered with the E-Verify system.
268	(3)  EMPLOYMENT OF UNAUTHORIZED ALIENS; SUSPENSION OF
269	LICENSE.-
270	(a)  An employer may not knowingly employ an unauthorized
271	alien.
272	(b)  A person who has actual or constructive knowledge that
273	an employer employs, or has within the last 90 days employed, an
274	unauthorized alien may file a complaint with the agency.
275	(c)  Upon the receipt of a valid complaint of a violation
276	of paragraph (a), the agency shall notify the employer of the
277	complaint and direct the employer to notify any affected
278	employees named in the complaint.
279	(d)  The agency shall request that the Federal Government
280	verify, pursuant to 8 U.S.C. s. 1373(c), the employment status
281	of any employee named in the complaint.
282	(e)  If the agency has reasonable cause to believe that the
283	employer has employed an unauthorized alien, the agency shall
284	notify the local law enforcement agency of the presence of the
285	unauthorized alien in the jurisdiction.
286	(f)1.  Upon finding that an employer has violated paragraph
287	(a), the agency shall order the employer to:
288	a.  Terminate the employment of all unauthorized aliens;
289	and
290	b.  File a sworn affidavit with the agency within 10 days
291	after the receipt of the order. The affidavit must state that
292	the employer has corrected the violation by:
293	(I)  Terminating the unauthorized alien's employment;
294	(II)  Requesting that a second or additional verification
295	of the alien's employment status be authorized by using the E-
296	Verify system; or
297	(III)  Attempting to terminate the unauthorized alien's
298	employment, and such termination has been challenged in a court
299	of competent jurisdiction.
300	2.  If the employer fails to file the required affidavit,
301	the agency shall suspend all applicable licenses held by the
302	employer. All such licenses suspended shall remain suspended
303	until the sworn affidavit is filed. Notwithstanding any other
304	law, the suspended licenses shall be deemed to have been
305	reinstated upon the filing of the affidavit. During the pendency
306	of an action, the 10-day period shall be tolled. The 10-day
307	period shall also be tolled for any period during which the
308	Federal Government allows an alien to challenge the Federal
309	Government's determination of his or her immigration status or
310	employment authorization.
311	3.  Licenses subject to suspension under this subsection
312	include all licenses that are held by the employer and that are
313	necessary to operate the employer's business at the location at
314	which the unauthorized alien performed work. If a license is not
315	necessary to operate the employer's business at the specific
316	location at which the unauthorized alien performed work, but a
317	license is necessary to operate the employer's business in
318	general, the licenses subject to suspension under subparagraph
319	2. include all licenses held by the employer at the employer's
320	primary place of business.
321	(g)  Upon finding a second or subsequent violation of
322	paragraph (a) during a 2-year period, the agency shall suspend,
323	for at least 30 days, all licenses that are held by the employer
324	and that are necessary to operate the employer's business at the
325	location at which the unauthorized alien performed work. If a
326	license is not necessary to operate the employer's business at
327	the specific location at which the unauthorized alien performed
328	work, but a license is necessary to operate the employer's
329	business in general, the agency shall suspend all licenses held
330	by the employer at the employer's primary place of business for
331	30 days or upon compliance with paragraph (f), whichever occurs
332	later.
333	(h)1.  An employer registered with and participating in the
334	E-Verify system may not be held civilly liable in a cause of
335	action for the employer's:
336	a.  Unlawful hiring of an unauthorized alien if the
337	information obtained in accordance with the E-Verify system
338	indicated that the employee's federal legal employment status
339	allowed the employer to hire the employee; or
340	b.  Refusal to hire an individual if the information
341	obtained in accordance with the E-Verify system indicated that
342	the individual's federal legal employment status was that of an
343	unauthorized alien.
344	2.  Any employer who properly complies with the E-Verify
345	system in good faith shall not be liable for any damages and
346	shall be immune from any legal cause of action brought by any
347	person or entity, including, but not limited to, former
348	employees, for use and reliance upon any incorrect information
349	provided by the E-Verify system when determining final action on
350	an employee's employment status.
351	3.  An employer is considered to have complied with the
352	requirements of 8 U.S.C. s. 1324a(b), notwithstanding an
353	isolated, sporadic, or accidental technical or procedural
354	failure to meet the requirements, if there is a good faith
355	attempt to comply with the requirements.
356	(4)  INJUNCTION.-At any time after a complaint is received,
357	an employer subject to a complaint under this section, or any
358	employee of the employer who is alleged to be an unauthorized
359	alien, may challenge and seek to enjoin the enforcement of this
360	section before a court of competent jurisdiction.
361	(5)  ENFORCEMENT.-
362	(a)  A person who has actual or constructive knowledge that
363	an employer employs, or has within the last 90 days employed, an
364	unauthorized alien may file a complaint with the state attorney
365	or Attorney General. The state attorney and Attorney General may
366	enforce this section if there is reasonable cause to believe
367	that this section has been violated and may commence a civil or
368	administrative action and seek such other relief as may be
369	appropriate.
370	(b)  If there is a judicial finding that an employer has
371	violated this section, the court shall order that the employer's
372	license be suspended in the same manner and under the same terms
373	as provided in paragraphs (3)(f) and (g).
374	(6)  NONDISCRIMINATION.-A complaint made under this section
375	may not be based on race, color, or national origin, except to
376	the extent permitted by the United States Constitution or the
377	State Constitution. A person who knowingly files a false and
378	frivolous complaint under this section commits a misdemeanor of
379	the second degree, punishable as provided in s. 775.082 or s.
380	775.083.
381	(7)  CONSTRUCTION.-This section must be enforced without
382	regard to race, color, or national origin and shall be construed
383	in a manner so as to be fully consistent with any applicable
384	provisions of federal law.
385	Section 6.  Section 448.09, Florida Statutes, is
386	transferred and renumbered as section 820.04, Florida Statutes.
387	Section 7.  Effective January 1, 2012, section 287.135,
388	Florida Statutes, is created to read:
389	287.135  Verification of immigration status; public
390	employers.-
391	(1)  As used in the section, the term:
392	(a)  "Contractor" means a person who has entered or is
393	attempting to enter into a public contract for services with a
394	public employer.
395	(b)  "E-Verify system" has the same meaning as provided in
396	s. 820.03.
397	(c)  "Knowingly employ an unauthorized alien" has the same
398	meaning as provided in s. 820.03.
399	(d)  "Public employer" means any department, agency,
400	county, municipality, or political subdivision of the state.
401	(e)  "Subcontractor" means any supplier, distributor,
402	vendor, or firm furnishing supplies or services to or for a
403	contractor or another subcontractor.
404	(f)  "Unauthorized alien" has the same meaning as provided
405	in s. 820.03.
406	(2)  Every public employer shall use the E-Verify system to
407	verify the employment eligibility of all newly hired employees
408	within the period stipulated by federal law or regulations after
409	the hiring of the employee. However, a public employer is not
410	required to verify the employment eligibility of a continuing
411	employee hired before the date of the applicability of the
412	verification requirements of this section on the employer.
413	(3)(a)  A public employer may not knowingly employ an
414	unauthorized alien.
415	(b)1.  A public employer registered with and participating
416	in the E-Verify system may not be held civilly liable in a cause
417	of action for the public employer's:
418	a.  Unlawful hiring of an unauthorized alien if the
419	information obtained in accordance with the E-Verify system
420	indicated that the employee's federal legal employment status
421	allowed the public employer to hire the employee; or
422	b.  Refusal to hire an individual if the information
423	obtained in accordance with the E-Verify system indicated that
424	the individual's federal legal employment status was that of an
425	unauthorized alien.
426	2.  Any public employer who properly complies with the E-
427	Verify system in good faith shall not be liable for any damages
428	and shall be immune from any legal cause of action brought by
429	any person or entity, including, but not limited to, former
430	employees, for use and reliance upon any incorrect information
431	provided by the E-Verify system when determining final action on
432	an employee's employment status.
433	3.  A public employer is considered to have complied with
434	the requirements of 8 U.S.C. s. 1324a(b), notwithstanding an
435	isolated, sporadic, or accidental technical or procedural
436	failure to meet the requirements, if there is a good faith
437	attempt to comply with the requirements.
438	(4)(a)  A contractor or subcontractor may not knowingly
439	employ an unauthorized alien.
440	(b)1.  A public employer may not enter into a contract for
441	the physical performance of services unless the contractor
442	registers and participates in the E-Verify system.
443	2.  A contractor or subcontractor may not enter into a
444	contract or subcontract with a public employer in connection
445	with the physical performance of services unless the contractor
446	or subcontractor registers with and uses the E-Verify system for
447	the purpose of verifying information of all newly hired
448	employees.
449	(c)  If a contractor uses a subcontractor, the
450	subcontractor shall certify to the contractor that the
451	subcontractor, at the time of certification, does not employ or
452	contract with an unauthorized alien.
453	(d)  A contractor shall maintain a copy of the
454	certification of a subcontractor throughout the duration of the
455	term of a contract with the subcontractor.
456	(e)  If a contractor knows that a subcontractor is in
457	violation of this subsection, the contractor shall terminate the
458	contract with the subcontractor.
459	(f)  If a public employer knows that a contractor is in
460	violation of this subsection, the public employer shall
461	immediately terminate the contract with the contractor and the
462	contractor is not eligible for public contracts for 1 year after
463	the date of termination. If the public employer has knowledge
464	that a subcontractor has violated this subsection, and the
465	contractor has otherwise complied with this subsection, the
466	public employer shall promptly notify the contractor and order
467	the contractor to terminate the contract with the noncompliant
468	subcontractor.
469	(g)  Termination of a contract pursuant to paragraph (e) or
470	paragraph (f) is not a breach of contract and may not be
471	considered as such by the contractor or subcontractor.
472	(h)  A contractor or subcontractor may file an action with
473	a circuit or county court having jurisdiction in the county to
474	challenge a termination of a contract under this subsection no
475	later than 20 days after the date on which the contract or
476	subcontract was terminated.
477	(i)1.  A contractor or subcontractor registered with and
478	participating in the E-Verify system may not be held civilly
479	liable in a cause of action for the contractor's or
480	subcontractor's:
481	a.  Unlawful hiring of an unauthorized alien if the
482	information obtained in accordance with the E-Verify system
483	indicated that the employee's federal legal employment status
484	allowed the contractor or subcontractor to hire the employee; or
485	b.  Refusal to hire an individual if the information
486	obtained in accordance with the E-Verify system indicated that
487	the individual's federal legal employment status was that of an
488	unauthorized alien.
489	2.  Any contractor or subcontractor who properly complies
490	with the E-Verify system in good faith shall not be liable for
491	any damages and shall be immune from any legal cause of action
492	brought by any person or entity, including, but not limited to,
493	former employees, for use and reliance upon any incorrect
494	information provided by the E-Verify system when determining
495	final action on an employee's employment status.
496	3.  A contractor or subcontractor is considered to have
497	complied with the requirements of 8 U.S.C. s. 1324a(b),
498	notwithstanding an isolated, sporadic, or accidental technical
499	or procedural failure to meet the requirements, if there is a
500	good faith attempt to comply with the requirements.
501	(5)  This section shall be construed in a manner so as to
502	be fully consistent with any applicable federal law and shall be
503	enforced without regard to race, color, or national origin.
504	Section 8.  Effective January 1, 2012, section 337.163,
505	Florida Statutes, is created to read:
506	337.163  Compliance with federal work-authorization
507	program.-
508	(1)  As used in this section, the term:
509	(a)  "Contractor" means a person who has entered or is
510	attempting to enter into a contract with the department for
511	services under this chapter.
512	(b)  "E-Verify system" has the same meaning as provided in
513	s. 820.03.
514	(c)  "Knowingly employ an unauthorized alien" has the same
515	meaning as provided in s. 820.03.
516	(d)  "Subcontractor" means any supplier, distributor,
517	vendor, or firm furnishing supplies or services to or for a
518	contractor or another subcontractor under this chapter.
519	(e)  "Unauthorized alien" has the same meaning as provided
520	in s. 820.03.
521	(2)(a)  A contractor or subcontractor may not knowingly
522	employ an unauthorized alien.
523	(b)  The department may not enter into a contract under
524	this chapter for contractual services unless the contractor
525	registers and participates in the E-Verify system.
526	(c)  A contractor who receives a contract award under this
527	chapter for contractual services may not execute a contract,
528	purchase order, or subcontract in connection with the award
529	unless the contractor and all subcontractors providing services
530	for the contractor register and participate in the E-Verify
531	system. The contractor shall certify in writing to the
532	department that it is in compliance with this section.
533	(d)  A contractor shall ensure that each subcontractor
534	providing services for the contractor registers and participates
535	in the E-Verify system. Each subcontractor shall certify in
536	writing to the contractor that it is in compliance with this
537	section. A contractor shall maintain a copy of the certification
538	of a subcontractor throughout the duration of the term of a
539	contract with the subcontractor.
540	(e)  If a contractor knows that a subcontractor is in
541	violation of this subsection, the contractor shall terminate the
542	contract with the subcontractor.
543	(f)  If the department knows that a contractor is in
544	violation of this section, the department shall immediately
545	terminate the contract with the contractor and the contractor is
546	not eligible for public contracts for 1 year after the date of
547	termination. If the department has knowledge that a
548	subcontractor has violated this section, and the contractor has
549	otherwise complied with this section, the department shall
550	promptly notify the contractor and order the contractor to
551	terminate the contract with the noncompliant subcontractor.
552	(g)  Termination of a contract pursuant to paragraph (e) or
553	paragraph (f) is not a breach of contract and may not be
554	considered as such by the contractor or subcontractor.
555	(h)  A contractor or subcontractor may file an action with
556	a circuit or county court having jurisdiction in the county to
557	challenge a termination of a contract under this subsection no
558	later than 20 days after the date on which the contract or
559	subcontract was terminated.
560	(i)  For the purposes of this subsection, compliance with
561	paragraph (b) or paragraph (c) creates a rebuttable presumption
562	that a contractor or subcontractor did not knowingly employ an
563	unauthorized alien. A contractor or subcontractor that
564	establishes that it has complied in good faith with the
565	requirements of 8 U.S.C. s. 1324a(b) establishes an affirmative
566	defense that the contractor or subcontractor did not knowingly
567	employ an unauthorized alien. A contractor or subcontractor is
568	considered to have complied with the requirements of 8 U.S.C. s.
569	1324a(b), notwithstanding an isolated, sporadic, or accidental
570	technical or procedural failure to meet the requirements, if
571	there is a good faith attempt to comply with the requirements.
572	(3)  This section shall be construed in a manner so as to
573	be fully consistent with any applicable federal law and shall be
574	enforced without regard to race, color, or national origin.
575	Section 9.  Subsection (16) is added to section 901.15,
576	Florida Statutes, to read:
577	901.15  When arrest by officer without warrant is lawful.-A
578	law enforcement officer may arrest a person without a warrant
579	when:
580	(16)  The officer has probable cause to believe that the
581	person to be arrested is unlawfully in the United States in
582	violation of state and federal law.
583	Section 10.  Paragraph (c) of subsection (2) of section
584	903.046, Florida Statutes, is amended to read:
585	903.046  Purpose of and criteria for bail determination.-
586	(2)  When determining whether to release a defendant on
587	bail or other conditions, and what that bail or those conditions
588	may be, the court shall consider:
589	(c)  The defendant's family ties, length of residence in
590	the community, legal residency status in the United States,
591	employment history, financial resources, and mental condition.
592	Section 11.  Section 921.245, Florida Statutes, is created
593	to read:
594	921.245  Illegal alien multiplier; enhanced penalties.-Upon
595	a finding by the trier of fact that the defendant committed the
596	charged offense while the defendant was an alien and was
597	unlawfully present in the United States, the penalty for any
598	felony or misdemeanor, or any delinquent act or violation of law
599	that would be a felony or misdemeanor if committed by an adult,
600	may be enhanced. Penalty enhancement affects the applicable
601	statutory maximum penalty only. Each of the findings required as
602	a basis for such sentence must be found beyond a reasonable
603	doubt. The enhancement shall be as follows:
604	(1)(a)  A misdemeanor of the second degree may be punished
605	as if it were a misdemeanor of the first degree.
606	(b)  A misdemeanor of the first degree may be punished as
607	if it were a felony of the third degree. For purposes of
608	sentencing under this chapter and determining incentive gain-
609	time eligibility under chapter 944, such offense shall be ranked
610	in level 1 of the offense severity ranking chart.
611	(2)(a)  A felony of the third degree may be punished as if
612	it were a felony of the second degree.
613	(b)  A felony of the second degree may be punished as if it
614	were a felony of the first degree.
615	(c)  A felony of the first degree may be punished as if it
616	were a life felony.
617
618	For purposes of sentencing under this chapter and determining
619	incentive gain-time eligibility under chapter 944, such felony
620	offense shall be ranked as provided in s. 921.0022 or s.
621	921.0023, without regard to the penalty enhancement in this
622	subsection.
623	Section 12.  If any portion of this act is declared
624	unconstitutional or the application of any part of this act to
625	any person or circumstance is held invalid, the remaining
626	portions of the act and their applicability to any person or
627	circumstance shall remain valid and enforceable.
628	Section 13.  The Legislature finds that ensuring that only
629	those who are authorized to work in the United States are
630	employed in this state is an overwhelming public necessity. The
631	Legislature finds that discouraging the presence of unauthorized
632	aliens in the state and enforcing immigration laws will promote
633	public safety and is an overwhelming public necessity.
634	Section 14.  Except as otherwise expressly provided in this
635	act, this act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.