Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 664 Ì1105763Î110576 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Lee) recommended the following: 1 Senate Amendment 2 3 Delete lines 39 - 182 4 and insert: 5 287.137 Verification of work authorization status; public 6 employers.— 7 (1) As used in this section, the term: 8 (a) “Contractor” means a person or an entity that has more 9 than 10 employees in this state and has entered into, or is 10 attempting to enter into, a contract with a public employer to 11 provide labor, supplies, or services to such employer. 12 (b) “Employee” has the same meaning as provided in s. 13 448.093. 14 (c) “Employment verification system” has the same meaning 15 as provided in s. 448.093. 16 (d) “Public employer” means a department, an agency, or a 17 political subdivision of this state which enters into, or 18 attempts to enter into, a contract with a contractor for an 19 amount that will, or is expected to, exceed the CATEGORY TWO 20 threshold amount provided in s. 287.017. 21 (e) “Subcontractor” means a person or an entity that has 22 more than 10 employees in this state and provides labor, 23 supplies, or services to or for a contractor or another 24 subcontractor pursuant to a contract that will, or is expected 25 to, exceed the CATEGORY TWO threshold amount provided in s. 26 287.017. 27 (f) “Unauthorized alien” means a person who is not 28 authorized under federal law to be employed in the United 29 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall 30 be interpreted consistently with that section and any applicable 31 federal rules or regulations. 32 (2) On or after July 1, 2021: 33 (a) Every public employer, contractor, and subcontractor 34 shall register with and use an employment verification system to 35 verify the work authorization status of all new employees and 36 identify whether an employee is an unauthorized alien. 37 (b) A public employer or a contractor or subcontractor in 38 this state may not enter into a contract under this section 39 unless each party to the contract registers with and uses an 40 employment verification system. 41 Section 2. Section 448.093, Florida Statutes, is created to 42 read: 43 448.093 Definitions; use of employment verification system 44 required for private employers; business licensing enforcement.— 45 (1) DEFINITIONS.—As used in this section, the term: 46 (a) “Agency” means an agency, a department, a board, or a 47 commission of this state or a county, or municipality issuing a 48 license to operate a business in this state. 49 (b) “Department” means the Department of Economic 50 Opportunity. 51 (c) “Employee” means an individual whose work is performed 52 under the direction and supervision of the employer and whose 53 employer withholds tax pursuant to the Federal Insurance 54 Contributions Act (FICA) or federal income tax from the 55 individual’s compensation, or whose employer issues an Internal 56 Revenue Service W-2 form, but not an Internal Revenue Service 57 Form 1099, to an individual for purposes of documenting 58 compensation. The term does not include a licensed independent 59 contractor as defined in federal laws or regulations. 60 (d) “Employer” means a person or an entity in this state 61 which employs an employee. The term does not include: 62 1. A government employer. 63 2. The occupant or owner of a private residence who hires: 64 a. Casual labor, as defined in s. 443.036, to be performed 65 entirely within the private residence; or 66 b. A licensed independent contractor, as defined in federal 67 laws or regulations, to perform a specified portion of labor or 68 services. 69 70 3. An employee leasing company licensed pursuant to part XI 71 of chapter 468 which enters into a written agreement or 72 understanding with a client company which places the primary 73 obligation for compliance with this section upon the client 74 company. In the absence of a written agreement or understanding, 75 the term includes an employee leasing company. 76 (e) “Employment verification system” means: 77 1. An Internet-based system operated by the United States 78 Department of Homeland Security which allows participating 79 employers to electronically verify the employment eligibility of 80 newly hired employees; or 81 2. A substantially equivalent electronic employment 82 verification system that is permissible under department rule. 83 (f) “Knowingly employ an unauthorized alien” has the same 84 meaning as in 8 U.S.C. s. 1324a. The term shall be interpreted 85 consistently with 8 U.S.C. s. 1324a and any applicable federal 86 rules or regulations. 87 (g) “License” means a franchise, a permit, a certificate, 88 an approval, a registration, a charter, or any similar form of 89 authorization required by state law and issued by an agency for 90 the purpose of operating a business in this state. The term 91 includes, but is not limited to: 92 1. An article of incorporation. 93 2. A certificate of partnership, a partnership 94 registration, or an article of organization. 95 3. A grant of authority issued pursuant to state or federal 96 law. 97 4. A transaction privilege tax license. 98 (h) “Unauthorized alien” means a person who is not 99 authorized under federal law to be employed in the United 100 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall 101 be interpreted consistently with that section and any applicable 102 federal rules or regulations. 103 (2) VERIFICATION OF EMPLOYMENT ELIGIBILITY; FINE FOR 104 VIOLATION; SUSPENSION OF BUSINESS LICENSE.— 105 (a) An employer shall, after making an offer of employment 106 which has been accepted by an individual, use an employment 107 verification system to verify such individual's employment 108 eligibility. Verification must occur within the period 109 stipulated by applicable federal rules or regulations. However, 110 an employer is not required to verify the employment eligibility 111 of a continuing employee hired before the date of the employer’s 112 registration with an employment verification system. 113 (b) The requirement to use an employment verification 114 system shall be phased in as follows: 115 1. Employers having at least 500 employees in this state 116 must use an employment verification system beginning January 1, 117 2021. 118 2. Employers having at least 250 employees in this state 119 must use an employment verification system beginning July 1, 120 2021. 121 3. Employers having at least 150 employees in this state 122 must use an employment verification system beginning January 1, 123 2022. 124 4. Employers having more than 10 employees in this state 125 must use an employment verification system 90 days after the 126 effective date of any federal law, rule, regulation, or program 127 that authorizes this state to issue a work permit, whether 128 temporary or permanent, to a qualifying undocumented alien. 129 (c) If an employer does not register with an employment 130 verification system, the department may impose a fine of up to 131 $500 on the employer, who must then register with an employment 132 verification system and provide an affidavit of stating such 133 fact to the department within 30 days. If the employer does not 134 register with and provide the required affidavit within 30 days 135 after the imposition of the fine becomes final, the department 136 must order the appropriate agency to suspend all applicable 137 licenses held by the employer until the employer registers with 138 an employment verification system and provides the department 139 with the required affidavit.