Bill Text: FL H0219 | 2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Immigration
Spectrum: Partisan Bill (Republican 21-0)
Status: (Failed) 2010-04-30 - Died in Messages [H0219 Detail]
Download: Florida-2010-H0219-Introduced.html
Bill Title: Immigration
Spectrum: Partisan Bill (Republican 21-0)
Status: (Failed) 2010-04-30 - Died in Messages [H0219 Detail]
Download: Florida-2010-H0219-Introduced.html
HB 219 |
1 | |
2 | An act relating to enforcement of immigration laws; |
3 | providing a short title; creating s. 287.0575, F.S.; |
4 | providing definitions; prohibiting agencies from entering |
5 | into a contract for contractual services with contractors |
6 | not registered and participating in a federal work |
7 | authorization program by a specified date; providing |
8 | procedures and requirements with respect to the |
9 | registration of contractors and subcontractors; providing |
10 | for enforcement; providing a schedule for phased |
11 | compliance; requiring the Department of Management |
12 | Services to adopt rules; creating s. 337.163, F.S.; |
13 | providing definitions; prohibiting the Department of |
14 | Transportation from entering into a contract for |
15 | contractual services with contractors not registered and |
16 | participating in a federal work authorization program by a |
17 | specified date; providing procedures and requirements with |
18 | respect to the registration of contractors and |
19 | subcontractors; providing for enforcement; providing a |
20 | schedule for phased compliance; requiring the department |
21 | to adopt rules; amending s. 943.0311, F.S.; requiring the |
22 | Chief of Domestic Security to negotiate the terms of a |
23 | memorandum of understanding between the state and certain |
24 | Federal Government entities concerning the enforcement of |
25 | federal immigration and customs laws, the detention and |
26 | removal of individuals not lawfully present in the United |
27 | States, investigations related to illegal immigration in |
28 | the state, the establishment of specified law enforcement |
29 | training standards, and the creation of specified law |
30 | enforcement training programs; providing for the |
31 | establishment of law enforcement training standards and |
32 | the creation of training programs contingent upon federal |
33 | funding; providing that law enforcement officers trained |
34 | in accordance with such standards are authorized to |
35 | enforce federal immigration and customs laws while |
36 | performing within the scope of their authorized duties; |
37 | creating s. 951.30, F.S.; providing requirements and |
38 | procedures with respect to the determination of lawful |
39 | immigration status of persons charged with a crime and |
40 | confined to a county or municipal detention facility; |
41 | providing construction; requiring the Florida Sheriffs |
42 | Association to prepare and issue specified guidelines and |
43 | procedures; creating pt. IV of chapter 23, F.S.; requiring |
44 | agencies to verify the lawful presence in the United |
45 | States of any natural person 18 years of age or older who |
46 | has applied for state or local public benefits, or for |
47 | federal public benefits, that are administered by an |
48 | agency by a specified date; providing for enforcement; |
49 | providing exceptions; requiring the Board of Governors of |
50 | the State University System to set forth policies |
51 | regarding postsecondary education benefits; providing |
52 | procedures and requirements with respect to verification |
53 | of lawful presence in the United States by an agency; |
54 | providing a penalty for knowingly and willfully making a |
55 | false, fictitious, or fraudulent statement or |
56 | representation in an affidavit attesting to citizenship or |
57 | permanent legal residency; providing procedure with |
58 | respect to verification of eligibility for benefits; |
59 | prohibiting any agency from providing any state, local, or |
60 | federal benefit in violation of the requirements of the |
61 | section; providing for specified annual reports; providing |
62 | effective dates. |
63 | |
64 | Be It Enacted by the Legislature of the State of Florida: |
65 | |
66 | Section 1. This act may be cited as the "Florida Security |
67 | and Immigration Compliance Act." |
68 | Section 2. Section 287.0575, Florida Statutes, is created |
69 | to read: |
70 | 287.0575 Compliance with federal work authorization |
71 | programs.-- |
72 | (1) As used in this section, the term: |
73 | (a) "Federal work authorization program" means any program |
74 | operated by the United States Department of Homeland Security |
75 | that provides electronic verification of work authorization |
76 | issued by the United States Citizenship and Immigration Services |
77 | or any equivalent federal work authorization program operated by |
78 | the United States Department of Homeland Security that provides |
79 | for the verification of information regarding newly hired |
80 | employees under the Immigration Reform and Control Act of 1986, |
81 | Pub. L. No. 99-603. |
82 | (b) "Subcontractor" means a person who enters into a |
83 | contract with a contractor for the performance of any part of |
84 | such contractor's contract. |
85 | (2) An agency may not enter into a contract under s. |
86 | 287.057 for contractual services unless the contractor registers |
87 | and participates in a federal work authorization program. |
88 | (3) A contractor who receives a contract award under s. |
89 | 287.057 for contractual services may not execute a contract, |
90 | purchase order, or subcontract in connection with the award |
91 | unless the contractor and all subcontractors providing services |
92 | for the contractor register and participate in a federal work |
93 | authorization program. The contractor shall certify in writing |
94 | to the agency that it is in compliance with this subsection. |
95 | (4) A contractor shall ensure that each subcontractor |
96 | providing services for the contractor registers and participates |
97 | in a federal work authorization program. Each subcontractor |
98 | shall certify in writing to the contractor that it is in |
99 | compliance with this subsection. |
100 | (5) Subsections (2), (3), and (4) shall apply as follows: |
101 | (a) On or after July 1, 2011, with respect to contractors |
102 | or subcontractors employing 500 or more employees. |
103 | (b) On or after July 1, 2012, with respect to contractors |
104 | or subcontractors employing 100 or more employees. |
105 | (c) On or after July 1, 2013, with respect to all |
106 | contractors or subcontractors. |
107 | (6) This section shall be enforced without regard to race, |
108 | religion, gender, ethnicity, or national origin. |
109 | (7) The department shall adopt rules deemed necessary to |
110 | administer this section, including prescribing forms. |
111 | Section 3. Section 337.163, Florida Statutes, is created |
112 | to read: |
113 | 337.163 Compliance with federal work authorization |
114 | program.-- |
115 | (1) As used in this section, the term: |
116 | (a) "Federal work authorization program" means any program |
117 | operated by the United States Department of Homeland Security |
118 | that provides electronic verification of work authorization |
119 | issued by the United States Citizenship and Immigration Services |
120 | or any equivalent federal work authorization program operated by |
121 | the United States Department of Homeland Security that provides |
122 | for the verification of information regarding newly hired |
123 | employees under the Immigration Reform and Control Act of 1986, |
124 | Pub. L. No. 99-603. |
125 | (b) "Subcontractor" means a person who enters into a |
126 | contract with a contractor for the performance of any part of |
127 | such contractor's contract. |
128 | (2) The department may not enter into a contract under |
129 | this chapter for contractual services unless the contractor |
130 | registers and participates in a federal work authorization |
131 | program. |
132 | (3) A contractor who receives a contract award under this |
133 | chapter for contractual services may not execute a contract, |
134 | purchase order, or subcontract in connection with the award |
135 | unless the contractor and all subcontractors providing services |
136 | for the contractor register and participate in a federal work |
137 | authorization program. The contractor shall certify in writing |
138 | to the department that it is in compliance with this subsection. |
139 | (4) A contractor shall ensure that each subcontractor |
140 | providing services for the contractor registers and participates |
141 | in a federal work authorization program. Each subcontractor |
142 | shall certify in writing to the contractor that it is in |
143 | compliance with this subsection. |
144 | (5) Subsections (2), (3), and (4) shall apply as follows: |
145 | (a) On or after July 1, 2011, with respect to contractors |
146 | or subcontractors employing 500 or more employees. |
147 | (b) On or after July 1, 2012, with respect to contractors |
148 | or subcontractors employing 100 or more employees. |
149 | (c) On or after July 1, 2013, with respect to all |
150 | contractors or subcontractors. |
151 | (6) This section shall be enforced without regard to race, |
152 | religion, gender, ethnicity, or national origin. |
153 | (7) The department shall adopt rules deemed necessary to |
154 | administer this section, including prescribing forms. |
155 | Section 4. Subsection (8) is added to section 943.0311, |
156 | Florida Statutes, and, effective if funding under the federal |
157 | Homeland Security Appropriation Act of 2010 or any subsequent |
158 | source of federal funding is provided to fund the provisions of |
159 | the subsection, subsection (9) is added to that section, to |
160 | read: |
161 | 943.0311 Chief of Domestic Security; duties of the |
162 | department with respect to domestic security.-- |
163 | (8)(a) The Chief of Domestic Security shall negotiate the |
164 | terms of a memorandum of understanding between the State of |
165 | Florida and the United States Department of Justice or the |
166 | United States Department of Homeland Security concerning: |
167 | 1. The enforcement of federal immigration and customs |
168 | laws. |
169 | 2. The detention and removal of individuals not lawfully |
170 | present in the United States. |
171 | 3. Investigations related to illegal immigration in the |
172 | state. |
173 | 4. The establishment of law enforcement training standards |
174 | and the creation of law enforcement training programs as |
175 | provided in subsection (9). |
176 | (b) The memorandum of understanding shall be signed on |
177 | behalf of the state by the Chief of Domestic Security and the |
178 | Governor, or as otherwise required by the appropriate federal |
179 | agency. |
180 | (9)(a) Contingent upon funding in the federal Homeland |
181 | Security Appropriation Act of 2010 or any subsequent source of |
182 | federal funding, the Chief of Domestic Security shall work with |
183 | the regional domestic security task forces and the various state |
184 | entities responsible for establishing training standards |
185 | applicable to law enforcement officers to establish training |
186 | standards and create training programs the purpose of which is |
187 | to enhance the ability of law enforcement officers to enforce |
188 | federal immigration and customs laws while performing within the |
189 | scope of their authorized duties. |
190 | (b) A law enforcement officer, as defined in s. 943.10, |
191 | who is trained in accordance with the standards established |
192 | pursuant to this subsection is authorized to enforce federal |
193 | immigration and customs laws while performing within the scope |
194 | of his or her authorized duties. |
195 | Section 5. Section 951.30, Florida Statutes, is created to |
196 | read: |
197 | 951.30 County and municipal detention facilities; |
198 | determination of lawful immigration status.-- |
199 | (1) If the lawful immigration status of any person who is |
200 | charged with a crime and confined to a county or municipal |
201 | detention facility for any period of time cannot be verified |
202 | from documents in the possession of the county or municipal |
203 | prisoner or after a reasonable effort on the part of law |
204 | enforcement officials, such verification shall be made within 48 |
205 | hours through a query to the Law Enforcement Support Center |
206 | (LESC) of the United States Department of Homeland Security or |
207 | other office or agency designated for that purpose by the United |
208 | States Department of Homeland Security. If it is determined that |
209 | a county or municipal prisoner is in the United States |
210 | unlawfully, the law enforcement agency shall notify the United |
211 | States Department of Homeland Security. |
212 | (2) Nothing in this section shall be construed to deny |
213 | bond to a person who is charged with a crime and confined to a |
214 | county or municipal detention facility or prevent such person |
215 | from being released from confinement if such person is otherwise |
216 | eligible for release. |
217 | (3) The Florida Sheriffs Association shall prepare and |
218 | issue guidelines and procedures for compliance with the |
219 | provisions of this section. |
220 | Section 6. Part IV of chapter 23, Florida Statutes, |
221 | consisting of section 23.40, is created to read: |
222 | |
223 | |
224 | 23.40 Agency administration of public benefits; |
225 | verification of lawful status.-- |
226 | (1) Except as provided in subsection (3) or where exempted |
227 | by federal law, no later than July 1, 2011, every agency, as |
228 | defined in s. 20.03, shall verify the lawful presence in the |
229 | United States of any natural person 18 years of age or older who |
230 | has applied for state or local public benefits, as defined in 8 |
231 | U.S.C. s. 1621, or for federal public benefits, as defined in 8 |
232 | U.S.C. s. 1611, that are administered by the agency. |
233 | (2) This section shall be enforced without regard to race, |
234 | religion, gender, ethnicity, or national origin. |
235 | (3) Verification of an individual's lawful presence in the |
236 | United States under this section shall not be required for: |
237 | (a) Any purpose for which lawful presence in the United |
238 | States is not required by law, ordinance, or regulation; |
239 | (b) Assistance for health care items and services that are |
240 | necessary for the treatment of an emergency medical condition, |
241 | as defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved |
242 | and are not related to an organ transplant procedure; |
243 | (c) Short-term, non-cash, in-kind emergency disaster |
244 | relief; |
245 | (d) Public health assistance for immunizations with |
246 | respect to immunizable diseases and for testing and treatment of |
247 | symptoms of communicable diseases whether or not such symptoms |
248 | are caused by a communicable disease; |
249 | (e) Programs, services, or assistance such as soup |
250 | kitchens, crisis counseling and intervention, and short-term |
251 | shelter specified by the United States Attorney General, in the |
252 | United States Attorney General's sole and unreviewable |
253 | discretion after consultation with appropriate federal agencies |
254 | and departments, which: |
255 | 1. Deliver in-kind services at the community level, |
256 | including through public or private nonprofit agencies; |
257 | 2. Do not condition the provision of assistance, the |
258 | amount of assistance provided, or the cost of assistance |
259 | provided on the individual recipient's income or resources; and |
260 | 3. Are necessary for the protection of life or safety; |
261 | (f) Prenatal care; or |
262 | (g) Postsecondary education. |
263 | (4) The Board of Governors of the State University System |
264 | shall set forth, or cause to be set forth, policies regarding |
265 | postsecondary education benefits that comply with all applicable |
266 | federal laws, including, but not limited to, those governing |
267 | ineligibility for public benefits as described in 8 U.S.C. s. |
268 | 1611, s. 1621, or s. 1623. |
269 | (5)(a) Verification of lawful presence in the United |
270 | States by the agency or political subdivision required to make |
271 | such verification shall occur as follows: |
272 | 1. The applicant for benefits must execute an affidavit |
273 | stating that he or she is a United States citizen or a permanent |
274 | legal resident of the United States and is 18 years of age or |
275 | older; or |
276 | 2. The applicant for benefits must execute an affidavit |
277 | stating that he or she is a qualified alien or nonimmigrant |
278 | under the federal Immigration and Nationality Act, is 18 years |
279 | of age or older, and is lawfully present in the United States. |
280 | (b) Any person who knowingly and willfully makes a false, |
281 | fictitious, or fraudulent statement or representation in an |
282 | affidavit executed pursuant to paragraph (a) commits a |
283 | misdemeanor of the first degree, punishable as provided in s. |
284 | 775.082 or s. 775.083. |
285 | (6) For any applicant who has executed an affidavit |
286 | attesting to the fact that he or she is an alien lawfully |
287 | present in the United States, verification of an applicant's |
288 | immigration status shall be made through the Systematic Alien |
289 | Verification for Entitlements Program (SAVE) established by the |
290 | United States Citizenship and Immigration Services or a |
291 | successor program designated by the United States Department of |
292 | Homeland Security. Until such verification of eligibility is |
293 | made, the affidavit may be presumed to be proof of lawful |
294 | presence in the United States for the purposes of this section. |
295 | (7) In carrying out the provisions of this section, |
296 | agencies shall endeavor to improve efficiency, reduce delay in |
297 | the verification process, and provide for the expedient |
298 | resolution of unique individual circumstances where verification |
299 | procedures would impose an unusual hardship on a legal resident |
300 | of the state. |
301 | (8)(a) No agency shall provide any state, local, or |
302 | federal benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in |
303 | violation of this section. |
304 | (b) Each state agency or department that administers any |
305 | program of state or local public benefits shall compile an |
306 | annual report with respect to its compliance with this section. |
307 | (9) Any and all errors and significant delays by the |
308 | Systematic Alien Verification for Entitlements Program shall be |
309 | reported to the United States Department of Homeland Security |
310 | and to the Secretary of State, who will monitor the program and |
311 | its verification application errors and significant delays and |
312 | report annually on such errors and significant delays to ensure |
313 | that the application of the program is not wrongfully denying |
314 | benefits to legal residents of the state. |
315 | (10) Notwithstanding subsection (5), any applicant for |
316 | federal benefits as defined in 8 U.S.C. s. 1611 or state or |
317 | local benefits as defined in 8 U.S.C. s. 1621 shall not be |
318 | guilty of any crime for executing an affidavit attesting to |
319 | lawful presence in the United States that contains a false |
320 | statement if such affidavit is not required by this section. |
321 | Section 7. Except as otherwise specifically provided in |
322 | this act, this act shall take effect July 1, 2010. |
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