Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 664
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Commerce and Tourism (Torres) recommended the
    1         Senate Amendment to Amendment (110576) 
    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.
   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.