Florida Senate - 2020                                    SB 1822
       By Senator Gruters
       23-01889-20                                           20201822__
    1                        A bill to be entitled                      
    2         An act relating to the verification of employment
    3         eligibility; amending s. 448.09, F.S.; providing
    4         definitions; requiring public employers, contractors,
    5         and subcontractors to register with and use the E
    6         Verify system; prohibiting such entities from entering
    7         into a contract unless each party to the contract
    8         registers with and uses the E-Verify system; requiring
    9         a subcontractor to provide a contractor with a certain
   10         affidavit; requiring a contractor to maintain a copy
   11         of such affidavit; authorizing the termination of a
   12         contract under certain conditions; providing that such
   13         termination is not a breach of contract; authorizing a
   14         challenge to such termination; requiring private
   15         employers to verify the employment eligibility of
   16         newly hired employees, beginning on a specified date;
   17         providing an exception; providing acceptable methods
   18         for verifying employment eligibility; requiring a
   19         private employer to provide a public employer with a
   20         certain affidavit in order to bid on or otherwise
   21         contract with the public employer; authorizing the
   22         termination of a contract under certain conditions;
   23         providing that such termination is not a breach of
   24         contract; providing certain liability if a contract is
   25         terminated; providing specified immunity and
   26         nonliability for private employers; creating a
   27         rebuttable presumption for private employers;
   28         providing construction; providing an effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Section 448.09, Florida Statutes, is amended to
   33  read:
   34         448.09 Unauthorized aliens; employment prohibited.—
   35         (1) EMPLOYMENT ELIGIBILITY.—It is shall be unlawful for any
   36  person or entity to knowingly to employ, hire, recruit, or
   37  refer, either for herself or himself or on behalf of another,
   38  for private or public employment within the state, an alien who
   39  is not duly authorized to work by the immigration laws or the
   40  Attorney General of the United States.
   41         (2)DEFINITIONS.—As used in this section, the term:
   42         (a)“Contractor” means a person or an entity that has
   43  entered or is attempting to enter into a contract with a public
   44  employer to provide labor, supplies, or services to such
   45  employer in exchange for salary, wages, or other remuneration.
   46         (b)“Employee” means a person filling an authorized and
   47  established position who performs labor or services for a public
   48  or private employer in exchange for salary, wages, or other
   49  remuneration.
   50         (c)“E-Verify system” means an Internet-based system
   51  operated by the United States Department of Homeland Security
   52  that allows participating employers to electronically verify the
   53  employment eligibility of newly hired employees.
   54         (d)“Legal alien” means a person who is or was lawfully
   55  present or permanently residing legally in the United States and
   56  allowed to work at the time of employment and remains so
   57  throughout the duration of that employment.
   58         (e)“Private employer” means a person or an entity that
   59  employs persons to perform labor or services in exchange for
   60  salary, wages, or other remuneration. The term does not include:
   61         1.A public employer;
   62         2.The occupant or owner of a private residence who hires:
   63         a.Casual labor, as defined in s. 443.036, to be performed
   64  entirely within the private residence; or
   65         b.A licensed independent contractor, as defined in federal
   66  laws or regulations, to perform a specified portion of labor or
   67  services; or
   68         3.An employee leasing company licensed under part XI of
   69  chapter 468 that enters into a written agreement or
   70  understanding with a client company which places the primary
   71  obligation for compliance with this section upon the client
   72  company. In the absence of a written agreement or understanding,
   73  the employee leasing company is responsible for compliance with
   74  this section. Such employee leasing company shall, at all times,
   75  remain an employer as otherwise defined in federal laws or
   76  regulations.
   77         (f)“Public employer” means an agency within state,
   78  regional, county, local, or municipal government, whether
   79  executive, judicial, or legislative, or any public school,
   80  community college, or state university that employs persons who
   81  perform labor or services for that employer in exchange for
   82  salary, wages, or other remuneration or that enters or attempts
   83  to enter into a contract with a contractor.
   84         (g)“Subcontractor” means a person or an entity that
   85  provides labor, supplies, or services to or for a contractor or
   86  another subcontractor in exchange for salary, wages, or other
   87  remuneration.
   88         (h)“Unauthorized alien” means a person who is not
   89  authorized under federal law to be employed in the United
   90  States, as described in 8 U.S.C. s. 1324a(h)(3). The term must
   91  be interpreted consistently with that section and any applicable
   92  federal rules or regulations.
   94         (a)Beginning January 1, 2021, every public employer,
   95  contractor, and subcontractor shall register with and use the E
   96  Verify system to verify the work authorization status of all
   97  newly hired employees. A public employer, contractor, or
   98  subcontractor may not enter into a contract unless each party to
   99  the contract registers with and uses the E-Verify system.
  100         (b)1.If a contractor enters into a contract with a
  101  subcontractor, the subcontractor must provide the contractor
  102  with an affidavit stating that the subcontractor does not
  103  employ, contract with, or subcontract with an unauthorized
  104  alien.
  105         2.The contractor shall maintain a copy of such affidavit
  106  for the duration of the contract.
  107         (c)1.A public employer, contractor, or subcontractor who
  108  has a good faith belief that a person or an entity with which it
  109  is contracting has knowingly violated subsection (1) shall
  110  terminate the contract with the person or entity.
  111         2.A public employer that has a good faith belief that a
  112  subcontractor knowingly violated this subsection, but the
  113  contractor otherwise complied with this subsection, shall
  114  promptly notify the contractor and order the contractor to
  115  immediately terminate the contract with the subcontractor.
  116         3.A contract terminated under subparagraph 1. or
  117  subparagraph 2. is not a breach of contract and may not be
  118  considered as such.
  119         (d)A public employer, contractor, or subcontractor may
  120  file an action with a circuit or county court to challenge a
  121  termination under paragraph (c) no later than 20 calendar days
  122  after the date on which the contract was terminated.
  123         (e)If a public employer terminates a contract with a
  124  contractor under paragraph (c), the contractor may not be
  125  awarded a public contract for at least 1 year after the date on
  126  which the contract was terminated.
  127         (4)PRIVATE EMPLOYERS.—
  128         (a)Beginning January 1, 2021, a private employer shall,
  129  after making an offer of employment which has been accepted by a
  130  person, verify such person’s employment eligibility. A private
  131  employer is not required to verify the employment eligibility of
  132  a continuing employee hired before January 1, 2021. However, if
  133  a person is a contract employee retained by a private employer,
  134  the private employer must verify the employee’s employment
  135  eligibility upon the renewal or extension of his or her
  136  contract.
  137         (b)A private employer shall verify a person’s employment
  138  eligibility by:
  139         1.Using the E-Verify system; or
  140         2.Requiring the person to provide a picture identification
  141  card that complies with the Real ID Act of 2005, Pub. L. No.
  142  109-13, and a certified copy of one of the following documents:
  143         a.A United States birth certificate;
  144         b.A certificate of naturalization;
  145         c.A certificate of citizenship;
  146         d.An alien registration receipt card; or
  147         e.A United States immigration form I-94 stamped to
  148  indicate “employment authorized.”
  150  The private employer must retain a copy of the documents
  151  provided under this subparagraph for at least 3 years after the
  152  person’s initial date of employment.
  153         (c)A private employer may not bid on or otherwise contract
  154  with a public employer for the performance of labor or services
  155  in this state unless the private employer provides the public
  156  employer with an affidavit stating that:
  157         1.The private employer is registered with and uses the E
  158  Verify system to verify that all newly hired employees are legal
  159  citizens of the United States or legal aliens.
  160         2.The private employer will continue to use the E-Verify
  161  system to verify the employment eligibility of all newly hired
  162  employees for the duration of the contract.
  163         3.The private employer requires all subcontractors to
  164  provide an affidavit stating compliance with subparagraphs 1.
  165  and 2.
  166         (d)1.A private employer that violates this subsection may
  167  be subject to termination of its public contract, if applicable,
  168  and may not be awarded a public contract for at least 1 year
  169  after the date on which the contract was terminated. The
  170  termination of the contract is not a breach of contract and may
  171  not be considered as such.
  172         2.A private employer is liable for any additional costs
  173  incurred by the public employer as a result of the termination
  174  of the contract.
  175         (e)A private employer that complies with this subsection
  176  may not be held civilly or criminally liable under state law for
  177  hiring, continuing to employ, or refusing to hire an
  178  unauthorized alien if the information obtained under paragraph
  179  (b) indicates that the person’s work authorization status was
  180  not that of an unauthorized alien.
  181         (f)For purposes of this subsection, compliance with
  182  paragraph (b) creates a rebuttable presumption that a private
  183  employer did not knowingly employ an unauthorized alien in
  184  violation of subsection (1).
  185         (5)(2)PENALTIES.—
  186         (a) The first violation of subsection (1) is shall be a
  187  noncriminal violation as defined in s. 775.08(3) and, upon
  188  conviction, is shall be punishable as provided in s. 775.082(5)
  189  by a civil fine of not more than $500, regardless of the number
  190  of unauthorized aliens with respect to whom the violation
  191  occurred.
  192         (b)(3) Any person who has been previously convicted for a
  193  violation of subsection (1) and who thereafter violates
  194  subsection (1) commits, shall be guilty of a misdemeanor of the
  195  second degree, punishable as provided in s. 775.082 or s.
  196  775.083. Any such subsequent violation of this section
  197  constitutes shall constitute a separate offense with respect to
  198  each unauthorized alien.
  199         (6)CONSTRUCTION.—This section shall be enforced without
  200  regard to race, color, or national origin and shall be construed
  201  in a manner so as to be fully consistent with any applicable
  202  federal laws or regulations.
  203         Section 2. This act shall take effect July 1, 2020.