Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 664 Ì272804#Î272804 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Torres) recommended the following: 1 Senate Amendment to Amendment (110576) 2 3 Delete lines 32 - 123 4 and insert: 5 (2) On or after July 1, 2022: 6 (a) Every public employer, contractor, and subcontractor 7 shall register with and use an employment verification system to 8 verify the work authorization status of all new employees and 9 identify whether an employee is an unauthorized alien. 10 (b) A public employer or a contractor or subcontractor in 11 this state may not enter into a contract under this section 12 unless each party to the contract registers with and uses an 13 employment verification system. 14 Section 2. Section 448.093, Florida Statutes, is created to 15 read: 16 448.093 Definitions; use of employment verification system 17 required for private employers; business licensing enforcement.— 18 (1) DEFINITIONS.—As used in this section, the term: 19 (a) “Agency” means an agency, a department, a board, or a 20 commission of this state or a county, or municipality issuing a 21 license to operate a business in this state. 22 (b) “Department” means the Department of Economic 23 Opportunity. 24 (c) “Employee” means an individual whose work is performed 25 under the direction and supervision of the employer and whose 26 employer withholds tax pursuant to the Federal Insurance 27 Contributions Act (FICA) or federal income tax from the 28 individual’s compensation, or whose employer issues an Internal 29 Revenue Service W-2 form, but not an Internal Revenue Service 30 Form 1099, to an individual for purposes of documenting 31 compensation. The term does not include a licensed independent 32 contractor as defined in federal laws or regulations. 33 (d) “Employer” means a person or an entity in this state 34 which employs an employee. The term does not include: 35 1. A government employer. 36 2. The occupant or owner of a private residence who hires: 37 a. Casual labor, as defined in s. 443.036, to be performed 38 entirely within the private residence; or 39 b. A licensed independent contractor, as defined in federal 40 laws or regulations, to perform a specified portion of labor or 41 services. 42 3. An employee leasing company licensed pursuant to part XI 43 of chapter 468 which enters into a written agreement or 44 understanding with a client company which places the primary 45 obligation for compliance with this section upon the client 46 company. In the absence of a written agreement or understanding, 47 the term includes an employee leasing company. 48 (e) “Employment verification system” means: 49 1. An Internet-based system operated by the United States 50 Department of Homeland Security which allows participating 51 employers to electronically verify the employment eligibility of 52 newly hired employees; or 53 2. A substantially equivalent electronic employment 54 verification system that is permissible under department rule. 55 (f) “Knowingly employ an unauthorized alien” has the same 56 meaning as in 8 U.S.C. s. 1324a. The term shall be interpreted 57 consistently with 8 U.S.C. s. 1324a and any applicable federal 58 rules or regulations. 59 (g) “License” means a franchise, a permit, a certificate, 60 an approval, a registration, a charter, or any similar form of 61 authorization required by state law and issued by an agency for 62 the purpose of operating a business in this state. The term 63 includes, but is not limited to: 64 1. An article of incorporation. 65 2. A certificate of partnership, a partnership 66 registration, or an article of organization. 67 3. A grant of authority issued pursuant to state or federal 68 law. 69 4. A transaction privilege tax license. 70 (h) “Unauthorized alien” means a person who is not 71 authorized under federal law to be employed in the United 72 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall 73 be interpreted consistently with that section and any applicable 74 federal rules or regulations. 75 (2) VERIFICATION OF EMPLOYMENT ELIGIBILITY; FINE FOR 76 VIOLATION; SUSPENSION OF BUSINESS LICENSE.— 77 (a) An employer shall, after making an offer of employment 78 which has been accepted by an individual, use an employment 79 verification system to verify such individual’s employment 80 eligibility. Verification must occur within the period 81 stipulated by applicable federal rules or regulations. However, 82 an employer is not required to verify the employment eligibility 83 of a continuing employee hired before the date of the employer’s 84 registration with an employment verification system. 85 (b) The requirement to use an employment verification 86 system shall be phased in as follows: 87 1. Employers having at least 500 employees in this state 88 must use an employment verification system beginning January 1, 89 2022. 90 2. Employers having at least 250 employees in this state 91 must use an employment verification system beginning July 1, 92 2022. 93 3. Employers having at least 150 employees in this state 94 must use an employment verification system beginning January 1, 95 2023.