Bill Text: FL H0421 | 2010 | Regular Session | Introduced

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Bill Title: Immigration

Spectrum: Partisan Bill (Republican 9-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H0421 Detail]

Download: Florida-2010-H0421-Introduced.html

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HB 421

1	A bill to be entitled
2	An act relating to immigration; providing a short title;
3	amending s. 24.115, F.S.; requiring the Department of the
4	Lottery to verify the citizenship or legal presence in the
5	United States of certain prize winners; creating ss.
6	125.01075 and 166.0447, F.S.; prohibiting counties and
7	municipalities from adopting ordinances relating to
8	persons illegally present in the United States; creating
9	s. 287.135, F.S.; providing definitions; requiring public
10	employers to participate in a specified federal program to
11	verify the work authorization status of newly hired
12	employees or to verify employee work authorization status
13	through documentation determined equivalent by the
14	Department of Management Services; authorizing the
15	department to adopt rules; amending s. 322.08, F.S.;
16	requiring driver's license applicants to present proof of
17	United States citizenship or lawful presence in the United
18	States; requiring the Department of Law Enforcement to
19	establish a memorandum of understanding with the federal
20	Department of Homeland Security regarding illegal aliens
21	who are confined in county detention facilities; requiring
22	the Department of Law Enforcement to establish a
23	memorandum of understanding with the Department of
24	Corrections concerning temporary shelter and supervision
25	for individuals identified as illegal aliens; authorizing
26	the Department of Corrections to use current facilities
27	for detention facilities for illegal aliens; authorizing
28	the Department of Corrections to seek federal assistance
29	to reduce costs of detention of illegal aliens; requiring
30	the Secretary of Corrections to establish an advisory
31	workgroup to review sites for detention facilities and to
32	develop state standards for these sites; providing for
33	membership; requiring a report; creating s. 409.954, F.S.;
34	requiring verification of the lawful presence in the
35	United States of persons over a specified age applying for
36	certain public benefits; providing exceptions; requiring
37	execution of an affidavit of eligibility; providing for
38	verification of the affidavit under a specified federal
39	program; providing for penalties for false affidavits;
40	providing for variation of requirements; providing for
41	adjudication of unique individual circumstances due to
42	unusual hardship; prohibiting provision of public benefits
43	in violation of specified provisions; providing for
44	reports; creating pt. XVII of ch. 468, F.S.; providing
45	legislative findings and intent relating to immigration
46	assistance services; providing definitions; specifying
47	authorized and prohibited services; providing exemptions
48	from regulation; requiring written contracts meeting
49	specified requirements for the provision of immigration
50	assistance services; requiring the posting of specified
51	signage by immigration assistance service providers;
52	regulating advertising by immigration assistance services;
53	providing for applicability of other laws; requiring
54	licensure of immigration assistance service providers;
55	providing licensure requirements; providing for fees;
56	providing for temporary licenses in certain circumstances;
57	providing for license renewal; providing criminal
58	penalties for unlicensed practice; providing penalties for
59	violations by licensees; providing for rulemaking;
60	creating s. 877.28, F.S.; prohibiting specified actions
61	related to transporting or harboring illegal aliens;
62	providing criminal penalties; amending s. 903.046, F.S.;
63	including consideration of whether a defendant is legally
64	present in the United States as a factor in bail
65	proceedings; amending s. 905.34, F.S.; providing statewide
66	grand jury jurisdiction for violations of specified
67	provisions relating to transporting or harboring illegal
68	aliens; amending s. 943.03, F.S.; requiring the Department
69	of Law Enforcement to establish a hotline for the
70	reporting of immigration law violations and violations of
71	law by nonresidents; requiring verification of the
72	citizenship status of certain persons confined for felony
73	charges; authorizing the Department of Law Enforcement to
74	adopt rules; creating s. 1000.09, F.S.; providing that a
75	person may not attend certain public educational programs
76	or institutions in this state unless he or she is a
77	citizen of the United States or is lawfully present in the
78	United States; amending s. 1009.40, F.S.; requiring that a
79	student seeking certain financial aid present evidence
80	that he or she is a citizen of the United States or is
81	lawfully present in the United States; requiring the
82	executive director of the department to negotiate a
83	memorandum of understanding between this state and
84	specified federal agencies concerning enforcement of
85	specified federal laws; authorizing training of certain
86	law enforcement officers pursuant to the memorandum in
87	certain circumstances; authorizing trained officers to
88	enforce federal immigration and customs laws as part of
89	their duties; requiring the Department of Children and
90	Family Services to make a reasonable attempt to verify
91	citizenship before processing applications for specified
92	public benefits; specifying duties of the department if an
93	individual appears to have an illegal status; requiring
94	the Department of Health to establish citizenship of
95	applicants for specified benefits; specifying duties of
96	the department if an individual appears to have an illegal
97	status; requiring the Department of Children and Family
98	Services and the Department of Health to develop and
99	maintain a memorandum of understanding with the Department
100	of Law Enforcement for specified assistance; authorizing
101	the Commissioner of Agriculture to seek a memorandum of
102	understanding with the federal Department of Homeland
103	Security for a bulk labor visa program; providing
104	requirements for such a program; providing for the
105	establishment of a workgroup for specified purposes;
106	providing effective dates.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1. This act may be cited as the "Florida Illegal
111	Immigration Reform Act."
112	Section 2. Paragraph (h) is added to subsection (1) of
113	section 24.115, Florida Statutes, to read:
114	24.115 Payment of prizes.-
115	(1) The department shall promulgate rules to establish a
116	system of verifying the validity of tickets claimed to win
117	prizes and to effect payment of such prizes; however:
118	(h) The department may not pay any prize, excluding prizes
119	for which payment by retailers has been authorized under
120	paragraph (e), until the department has verified that the winner
121	of that prize is a citizen of the United States or legally
122	present in the United States.
123	Section 3. Section 125.01075, Florida Statutes, is created
124	to read:
125	125.01075 Ordinances relating to illegal aliens.-A county
126	may not adopt an ordinance relating to persons illegally present
127	in the United States.
128	Section 4. Section 166.0447, Florida Statutes, is created
129	to read:
130	166.0447 Ordinances relating to illegal aliens.-A
131	municipality may not adopt an ordinance relating to persons
132	illegally present in the United States.
133	Section 5. Section 287.135, Florida Statutes, is created
134	to read:
135	287.135 Verification of immigration status; public
136	employers.-
137	(1) As used in the section, the term:
138	(a) "Basic Pilot Program" means the electronic
139	verification of work authorization program of the Illegal
140	Immigration Reform and Immigrant Responsibility Act of 1996,
141	Pub. L. No. 104-208, Division C, Title IV, s. 403(a), as
142	amended, operated by the United States Department of Homeland
143	Security or any equivalent federal work authorization program
144	operated by the United States Department of Homeland Security or
145	any other designated federal agency authorized to verify the
146	work authorization status of newly hired employees pursuant to
147	the Immigration Reform and Control Act of 1986, Pub. L. No. 99-
148	603.
149	(b) "Public employer" means any department, agency, or
150	instrumentality of the executive, legislative, or judicial
151	branch of state government.
152	(2) Every public employer shall register and participate
153	in the Basic Pilot Program to verify the work authorization
154	status of all new employees or otherwise verify the work
155	authorization status of employees through review of employee
156	documentation determined by the department to be equivalent.
157	(3) This section shall be enforced without regard to race,
158	religion, gender, ethnicity, or national origin.
159	(4) The department may adopt rules pursuant to ss.
160	120.536(1) and 120.54 to implement this section.
161	Section 6. Paragraph (c) of subsection (2) of section
162	322.08, Florida Statutes, is amended to read:
163	322.08 Application for license.-
164	(2) Each such application shall include the following
165	information regarding the applicant:
166	(c) Proof of identity and of United States citizenship or
167	lawful presence in the United States satisfactory to the
168	department. Such proof must include one of the following
169	documents issued to the applicant:
170	1. A driver's license record or identification card record
171	from another jurisdiction that required the applicant to submit
172	a document for identification which is substantially similar to
173	a document required under subparagraph 2., subparagraph 3.,
174	subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
175	7., or subparagraph 8.;
176	2. A certified copy of a United States birth certificate;
177	3. A valid, unexpired United States passport;
178	4. A naturalization certificate issued by the United
179	States Department of Homeland Security;
180	5. A valid, unexpired alien registration receipt card
181	(green card);
182	6. A Consular Report of Birth Abroad provided by the
183	United States Department of State;
184	7. An unexpired employment authorization card issued by
185	the United States Department of Homeland Security; or
186	8. Proof of nonimmigrant classification provided by the
187	United States Department of Homeland Security, for an original
188	driver's license. In order to prove nonimmigrant classification,
189	an applicant may produce the following documents, including, but
190	not limited to:
191	a. A notice of hearing from an immigration court
192	scheduling a hearing on any proceeding.
193	b. A notice from the Board of Immigration Appeals
194	acknowledging pendency of an appeal.
195	c. A notice of the approval of an application for
196	adjustment of status issued by the United States Bureau of
197	Citizenship and Immigration Services.
198	d. Any official documentation confirming the filing of a
199	petition for asylum or refugee status or any other relief issued
200	by the United States Bureau of Citizenship and Immigration
201	Services.
202	e. A notice of action transferring any pending matter from
203	another jurisdiction to this state issued by the United States
204	Bureau of Citizenship and Immigration Services.
205	f. An order of an immigration judge or immigration officer
206	granting any relief that authorizes the alien to live and work
207	in the United States, including, but not limited to, asylum.
208	g. Evidence that an application is pending for adjustment
209	of status to that of an alien lawfully admitted for permanent
210	residence in the United States or conditional permanent resident
211	status in the United States, if a visa number is available
212	having a current priority date for processing by the United
213	States Bureau of Citizenship and Immigration Services.
214	h. On or after January 1, 2010, an unexpired foreign
215	passport with an unexpired United States Visa affixed,
216	accompanied by an approved I-94, documenting the most recent
217	admittance into the United States.
218
219	Presentation of any of the documents in subparagraph 7. or
220	subparagraph 8. entitles the applicant to a driver's license or
221	temporary permit for a period not to exceed the expiration date
222	of the document presented or 1 year, whichever occurs first.
223	Section 7. The Department of Law Enforcement shall
224	establish a memorandum of understanding with the federal
225	Department of Homeland Security regarding illegal aliens
226	confined in county detention facilities. The memorandum of
227	understanding must provide for reimbursement by the federal
228	Department of Homeland Security for the cost of care and custody
229	of such illegal aliens in county facilities and must provide
230	requirements pertaining to deportation.
231	Section 8. (1) The Department of Law Enforcement shall
232	establish a memorandum of understanding with the Department of
233	Corrections to provide temporary shelter and supervision for
234	individuals detained as undocumented individuals or as illegal
235	aliens. The memorandum of understanding shall include
236	requirements for sheltering and supervision in a minimum-
237	security arrangement and a method for collecting costs
238	associated with these detention facilities.
239	(2) The Department of Corrections, through its memorandum
240	of understanding with the Department of Law Enforcement, shall
241	seek federal assistance to provide temporary housing resources,
242	including portables and food assistance through the United
243	States Department of Agriculture grant programs, to help reduce
244	costs associated with detention of undocumented individuals or
245	individuals identified as illegal aliens.
246	(3) The Department of Corrections may use state-owned
247	property located on or near current correctional facilities to
248	house and supervise those individuals detained who are
249	undocumented or identified as illegal aliens.
250	Section 9. The Secretary of Corrections shall appoint an
251	advisory workgroup to review sites for detention facilities for
252	individuals detained who are undocumented or identified as
253	illegal aliens and to develop state standards for these sites.
254	The workgroup shall seek to use the current facilities and
255	resources available to Department of Corrections for detention
256	facilities for individuals detained who are undocumented or
257	identified as illegal aliens to the extent possible to minimize
258	the fiscal impact on state correctional budgets. The membership
259	of the workgroup must include representatives from the Police
260	Benevolent Association and the Fraternal Order of Police. The
261	workgroup may also include legislative staff appointed by the
262	presiding officers of their respective chambers. Members of the
263	workgroup shall serve without compensation for such service. The
264	workgroup shall submit a report with findings and
265	recommendations to the President of the Senate, the Speaker of
266	the House of Representatives, and the secretary by December 31,
267	2010.
268	Section 10. Section 409.954, Florida Statutes, is created
269	to read:
270	409.954 Verification of immigration status for public
271	benefits.-
272	(1) Except as provided in subsection (3) or where exempted
273	by federal law, each agency of the executive, legislative, or
274	judicial branch of state government shall verify the lawful
275	presence in the United States of any natural person 18 years of
276	age or older who has applied for state public benefits as
277	defined in 8 U.S.C. s. 1621 or for federal public benefits as
278	defined in 8 U.S.C. s. 1611 that are administered by that
279	agency.
280	(2) This section shall be enforced without regard to race,
281	religion, gender, ethnicity, or national origin.
282	(3) Verification of lawful presence in the United States
283	under this section is not required for:
284	(a) Any purpose for which lawful presence in the United
285	States is not restricted by law, ordinance, or regulation;
286	(b) Assistance for health care items and services that are
287	necessary for the treatment of an emergency medical condition,
288	as defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved
289	and are not related to an organ transplant procedure;
290	(c) Short-term, noncash, in-kind emergency disaster
291	relief;
292	(d) Public health assistance for immunizations with
293	respect to diseases and for testing and treatment of symptoms of
294	communicable diseases, regardless of whether such symptoms are
295	caused by a communicable disease; or
296	(e) Programs, services, or assistance such as soup
297	kitchens, crisis counseling and intervention, and short-term
298	shelter specified by the United States Attorney General, in the
299	sole and unreviewable discretion of the United States Attorney
300	General after consultation with appropriate federal agencies and
301	departments, which:
302	1. Deliver in-kind services at the community level,
303	including through public or private nonprofit agencies;
304	2. Do not condition the provision of assistance, the
305	amount of assistance provided, or the cost of assistance
306	provided on the income or resources of the individual recipient;
307	and
308	3. Are necessary for the protection of life or safety.
309	(4) Verification of lawful presence in the United States
310	by an agency required to make such verification shall require
311	that the applicant execute an affidavit under penalty of perjury
312	that the applicant is:
313	(a) A United States citizen; or
314	(b) A qualified alien under the Immigration and
315	Nationality Act, 8 U.S.C. ss. 1101 et seq., and is lawfully
316	present in the United States.
317	(5) For any applicant who has executed the affidavit
318	described in paragraph (4)(b), eligibility for benefits shall be
319	made through the Systematic Alien Verification of Entitlement
320	program operated by the United States Department of Homeland
321	Security or a successor program designated by that department.
322	Until such eligibility verification is made, the affidavit may
323	be presumed to be proof of lawful presence for the purposes of
324	this section.
325	(6) Any person who knowingly and willfully makes a false,
326	fictitious, or fraudulent statement or representation in an
327	affidavit executed pursuant to subsection (4) and any person who
328	aids or abets a person in knowingly and willfully making such a
329	statement or representation in an affidavit shall be subject to
330	criminal penalties applicable in this state for fraudulently
331	obtaining public assistance program benefits and must disgorge
332	any benefit received and make restitution to the agency that
333	administered the benefit or entitlement. If the affidavit
334	constitutes a false claim of United States citizenship under 18
335	U.S.C. s. 911, a complaint shall be filed by the agency
336	requiring the affidavit with the appropriate United States
337	Attorney.
338	(7) An agency may adopt variations to the requirements of
339	this section that demonstrably improve the efficiency of or
340	reduce delay in the verification process, or to provide for
341	adjudication of unique individual circumstances where the
342	verification procedures in this section would impose unusual
343	hardship on a legal resident of this state. However, no
344	variation adopted under this subsection may have the effect of
345	eliminating the requirement for verification as provided in
346	subsection (1).
347	(8) An agency may not provide any state or federal
348	benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in violation
349	of this section.
350	(9) Each agency of the executive, legislative, or judicial
351	branch of state government that administers a program of state
352	public benefits shall provide an annual report to the Secretary
353	of Children and Family Services with respect to its compliance
354	with this section. Any and all incidents of noncompliance shall
355	be reported to the United States Department of Homeland Security
356	by the Secretary of Children and Family Services.
357	Section 11. Effective January 1, 2011, part XVII of
358	chapter 468, Florida Statutes, consisting of sections 468.85,
359	468.851, 468.852, and 468.853, Florida Statutes, is created to
360	read:
361	PART XVII
362	IMMIGRATION ASSISTANCE SERVICES
363
364	468.85 Immigration assistance services.-
365	(1) FINDINGS AND INTENT.-The Legislature finds and
366	declares that private individuals who assist persons with
367	immigration matters have a significant impact on the ability of
368	their clients to reside and work within the United States and to
369	establish and maintain stable families and business
370	relationships. The Legislature further finds that that
371	assistance and its impact also have a significant effect on the
372	cultural, social, and economic life of this state and thereby
373	substantially affect the public interest. It is the intent of
374	the Legislature to establish rules of practice and conduct for
375	those individuals to promote honesty and fair dealing with
376	residents and to preserve public confidence.
377	(2) DEFINITIONS.-As used in this part, the term:
378	(a) "Department" means the Department of Business and
379	Professional Regulation.
380	(b) "Immigration assistance services" means any
381	information or action provided or offered to customers or
382	prospective customers related to immigration matters. The term
383	excludes legal advice, recommendation of a specific course of
384	legal action, or provision of any other assistance that requires
385	legal analysis, legal judgment, or interpretation of the law.
386	(c) "Immigration matter" means any proceeding, filing, or
387	action affecting the nonimmigrant, immigrant, or citizenship
388	status of any person that arises under immigration and
389	naturalization law, executive order, or presidential
390	proclamation of the United States or any foreign country or that
391	arises under action of the United States Citizenship and
392	Immigration Services, the United States Department of Labor, or
393	the United States Department of State.
394	(3) AUTHORIZED SERVICES.-A person who provides or offers
395	to provide immigration assistance services may perform only the
396	following services:
397	(a) Completing a government agency form requested by the
398	customer and appropriate to the customer's needs, provided that
399	the completion of that form does not involve a legal judgment
400	for that particular matter.
401	(b) Transcribing responses to a government agency form
402	that is related to an immigration matter; however, the person
403	mat not advise a customer as to the substance of his or her
404	answers on such a form.
405	(c) Translating information on forms to a customer and
406	translating the customer's answers to questions posed on those
407	forms.
408	(d) Securing for the customer supporting documents
409	currently in existence, such as birth and marriage certificates,
410	that may be required to be submitted with government agency
411	forms.
412	(e) Translating documents from a foreign language into
413	English.
414	(f) Notarizing signatures on government agency forms,
415	provided that the person performing the service is a notary
416	public commissioned in this state and is lawfully present in the
417	United States.
418	(g) Making a referral, without compensation from the
419	attorney, to an attorney who could undertake legal
420	representation for a person in an immigration matter.
421	(h) Preparing or arranging for the preparation of
422	photographs and fingerprints or other biometric identification.
423	(i) Arranging for the performance of medical testing,
424	including X-rays and AIDS tests, and the obtaining of reports of
425	such test results.
426	(j) Conducting English language and civics courses
427	necessary for the immigration process.
428	(4) PROHIBITED SERVICES.-A person who provides or offers
429	to provide immigration assistance services may not:
430	(a) Give any legal advice concerning an immigration matter
431	or perform an act constituting the practice of immigration law
432	as defined in 8 C.F.R. s. 1.1(i), (j), (k), or (m).
433	(b) Represent, hold out, or advertise, in connection with
434	the provision of assistance in immigration matters in any
435	language that he or she possesses any title or credential,
436	including, but not limited to, "notary public" or "immigration
437	consultant," that could cause a customer to believe that the
438	person possesses special professional skills or is authorized to
439	provide advice on an immigration matter.
440	(c) Make any misrepresentation or false statement,
441	directly or indirectly, to influence, persuade, or induce
442	patronage.
443	(d) Retain any compensation for service not performed.
444	(e) Refuse to return documents supplied by, prepared on
445	behalf of, or paid for by the customer upon the request of the
446	customer even if subject to a fee dispute.
447	(5) EXEMPTIONS.-This part does not apply to:
448	(a) An attorney licensed to practice law in any state or
449	territory of the United States, or in any foreign country when
450	authorized to practice in this state by the Florida Supreme
451	Court, to the extent the attorney provides immigration
452	assistance services in the course of practicing as an attorney.
453	(b) A nonlawyer assistant employed by and under the direct
454	supervision of a licensed attorney described in paragraph (a)
455	and providing immigration assistance services in the course of
456	the assistant's employment.
457	(c) A not-for-profit organization recognized by the Board
458	of Immigration Appeals under 8 C.F.R. s. 292.2(a), employees of
459	those organizations accredited under 8 C.F.R. s. 292.2(d), and
460	designated entities as defined in 8 C.F.R. s. 245a.1.
461	(d) An organization employing or desiring to employ an
462	alien or nonimmigrant alien, which organization, its employees,
463	or its agents provide advice or assistance in immigration
464	matters to alien or nonimmigrant alien employees or potential
465	employees without compensation from the individuals to whom the
466	advice or assistance is provided.
467	(6) CONTRACT.-
468	(a) Except as otherwise provided in this subsection,
469	before providing any assistance in an immigration matter, a
470	person shall provide the customer with a written contract that
471	includes the following:
472	1. An explanation of the services to be performed.
473	2. Identification of all compensation and costs to be
474	charged to the customer for the services to be performed.
475	3. A statement that documents submitted in support of an
476	application for nonimmigrant, immigrant, or naturalization
477	status may not be retained by the person for any purpose,
478	including payment of compensation or costs.
479	(b) The written contract shall be in both English and in
480	the language of the customer.
481	(c) This subsection does not apply to a not-for-profit
482	organization that provides advice or assistance in immigration
483	matters to clients without charge beyond a reasonable fee to
484	reimburse the organization's reasonable costs relating to
485	providing immigration assistance services to that client.
486	(7) SIGNAGE.-Any person who provides or offers to provide
487	immigration assistance services and is not exempted from this
488	part shall post signs at his or her place of business setting
489	forth information in English and in every other language in
490	which the person provides or offers to provide immigration
491	assistance services. Each language shall be on a separate sign.
492	Signs shall be posted in a location where the signs will be
493	visible to customers, and no text on the sign shall be in a font
494	size less than one-half of the size of the largest font used
495	elsewhere on the sign. Each sign shall be at least 11 inches by
496	17 inches and shall contain the following:
497	(a) In a font size no less than three-quarters of the
498	largest font size used elsewhere on the sign, the statement: "I
499	AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE
500	LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
501	(b) In a font size no less than three-quarters of the
502	largest font size used elsewhere on the sign, the statement: "I
503	AM NOT ACCREDITED TO REPRESENT YOU BEFORE UNITED STATES
504	CITIZENSHIP AND IMMIGRATION SERVICES AND THE BOARD OF
505	IMMIGRATION APPEALS."
506	(c) The fee schedule.
507	(d) The statement: "You may cancel any contract within 3
508	working days and get your money back for services not
509	performed."
510	(e) A statement that a copy of the contract shall be
511	provided to the customer upon the customer's execution of the
512	contract.
513	(f) A statement that any documents of the type identified
514	in subparagraph (6)(a)3. shall be returned upon demand of the
515	customer.
516	(g) A statement that the customer has the right to rescind
517	a contract within 72 hours after his or her signing of the
518	contract.
519	(h) Any additional information the department may require
520	by rule.
521	(8) ADVERTISING.-
522	(a) Every person providing immigration assistance services
523	who is not an attorney and who advertises immigration assistance
524	services in a language other than English:
525	1. In any written form or medium containing writing, with
526	the exception of a single desk plaque, shall include in the
527	advertisement the following notice in English and any other
528	language in which writing appears: "I AM NOT AN ATTORNEY
529	LICENSED TO PRACTICE LAW IN FLORIDA AND MAY NOT GIVE LEGAL
530	ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." This notice shall be of
531	a conspicuous size.
532	2. Through radio, television, or any other audio or video
533	medium, shall include substantially the same message as provided
534	in subparagraph 1. in English and in any other language used in
535	the advertisement.
536	(b) Any person who provides or offers to provide
537	immigration assistance services and is not exempted from this
538	part may not, in any document, advertisement, stationery,
539	letterhead, business card, or other comparable written material,
540	literally translate from English into another language terms or
541	titles including, but not limited to, notary public, notary,
542	licensed, attorney, lawyer, or any other term that implies the
543	person is an attorney.
544	(9) OTHER LAWS.-This part does not regulate any business
545	to the extent that such regulation is prohibited or preempted by
546	state or federal law.
547	468.851 Licensure.-
548	(1) Any person who provides immigration assistance
549	services in this state must be licensed pursuant to this part.
550	(2) The department shall issue a license to provide
551	immigration services to any person who meets the following
552	requirements:
553	(a) Is at least 18 years of age.
554	(b) Is of good moral character.
555	(c) Has completed the application form and remitted an
556	application fee and all other applicable fees provided for in
557	this part or chapter 455. The department, by rule, shall
558	establish biennial fees for initial licensure, renewal of
559	licensure, and reinstatement of licensure, none of which fees
560	may exceed $400. The department shall also charge each applicant
561	the actual cost for fingerprint analysis in addition to the
562	application fee. The department may, by rule, establish a
563	delinquency fee of no more than $50. The fees shall be adequate
564	to proportionately fund the expenses of the department that are
565	allocated to the regulation of providers of immigration
566	assistance services under this part and shall be based on the
567	department's estimate of the revenue required to administer this
568	part.
569	(d) Has submitted to the department a fingerprint card for
570	a criminal history records check. The fingerprint card shall be
571	forwarded to the Division of Criminal Justice Information
572	Systems within the Department of Law Enforcement for purposes of
573	processing the fingerprint card to determine whether the
574	applicant has a criminal history record. The fingerprint card
575	shall also be forwarded to the Federal Bureau of Investigation
576	for purposes of processing the fingerprint card to determine
577	whether the applicant has a criminal history record. The
578	information obtained by the processing of the fingerprint card
579	by the Department of Law Enforcement and the Federal Bureau of
580	Investigation shall be sent to the department for the purpose of
581	determining whether the applicant is statutorily qualified for
582	licensure.
583	(e) Has not in any jurisdiction, within the preceding 5
584	years, been convicted or found guilty of or entered a plea of
585	nolo contendere for, regardless of adjudication, a crime that
586	relates to the applicant's provision of or offer to provide
587	immigration assistance services.
588	(3) A license issued under this section is not
589	transferable.
590	(4) The department may issue a temporary license while an
591	application for licensure is pending. If the department issues a
592	notice of intent to deny the license application, the initial
593	temporary license expires and may not be extended during any
594	proceeding or administrative or judicial review.
595	(5) The department shall renew a license pursuant to
596	procedures provided for in s. 455.203.
597	468.852 Violations.-
598	(1) A person, unless exempt under s. 468.85, may not
599	provide immigration assistance services unless the person holds
600	an active license pursuant to this part. A person who violates
601	this subsection commits a misdemeanor of the first degree,
602	punishable as provided in s. 775.082 or s. 775.083.
603	(2) When the department finds a licensee guilty of any
604	violation of s. 468.85, the department may enter an order
605	imposing one or more of the penalties provided in s. 455.227 and
606	an administrative fine not to exceed $25,000 for each separate
607	offense.
608	468.853 Rulemaking authority.-The department may adopt
609	rules pursuant to ss. 120.536(1) and 120.54 necessary to
610	administer and enforce this part.
611	Section 12. Section 877.28, Florida Statutes, is created
612	to read:
613	877.28 Offenses concerning illegal aliens.-
614	(1) It is unlawful for any person to:
615	(a) Transport, move, or attempt to transport or move
616	within the United States any alien while knowing or in reckless
617	disregard of the fact that the alien has come to, entered, or
618	remained in the United States in violation of law in furtherance
619	of the illegal presence of the alien in the United States.
620	(b) Conceal, harbor, or shelter from detection any alien
621	in any place, including any building or means of transportation,
622	while knowing or in reckless disregard of the fact that the
623	alien has come to, entered, or remained in the United States in
624	violation of law in furtherance of the illegal presence of the
625	alien in the United States.
626	(2) Any person who violates this section commits a
627	misdemeanor of the first degree, punishable as provided in s.
628	775.082 or s. 775.083.
629	Section 13. Paragraphs (k) and (l) of subsection (2) of
630	section 903.046, Florida Statutes, are redesignated as
631	paragraphs (l) and (m), respectively, and a new paragraph (k) is
632	added to that subsection to read:
633	903.046 Purpose of and criteria for bail determination.-
634	(2) When determining whether to release a defendant on
635	bail or other conditions, and what that bail or those conditions
636	may be, the court shall consider:
637	(k) Whether the defendant is an alien who has come to,
638	entered, or remained in the United States in violation of law.
639	Section 14. Subsections (11) and (12) of section 905.34,
640	Florida Statutes, are amended, and subsection (13) is added to
641	that section, to read:
642	905.34 Powers and duties; law applicable.-The jurisdiction
643	of a statewide grand jury impaneled under this chapter shall
644	extend throughout the state. The subject matter jurisdiction of
645	the statewide grand jury shall be limited to the offenses of:
646	(11) Any criminal violation of the Florida Money
647	Laundering Act; or
648	(12) Any criminal violation of the Florida Securities and
649	Investor Protection Act; or
650	(13) Any criminal violation of s. 877.28;
651
652	or any attempt, solicitation, or conspiracy to commit any
653	violation of the crimes specifically enumerated above, when any
654	such offense is occurring, or has occurred, in two or more
655	judicial circuits as part of a related transaction or when any
656	such offense is connected with an organized criminal conspiracy
657	affecting two or more judicial circuits. The statewide grand
658	jury may return indictments and presentments irrespective of the
659	county or judicial circuit where the offense is committed or
660	triable. If an indictment is returned, it shall be certified and
661	transferred for trial to the county where the offense was
662	committed. The powers and duties of, and law applicable to,
663	county grand juries shall apply to a statewide grand jury except
664	when such powers, duties, and law are inconsistent with the
665	provisions of ss. 905.31-905.40.
666	Section 15. Subsection (15) is added to section 943.03,
667	Florida Statutes, to read:
668	943.03 Department of Law Enforcement.-
669	(15) The department shall establish a hotline for
670	reporting any allegations of immigration law violations and
671	violations of law by nonresidents.
672	Section 16. (1) When a person charged with a felony
673	violation is confined for any period in a jail or detention
674	facility, a reasonable effort shall be made to determine the
675	citizenship status of that person.
676	(2) If the prisoner is a foreign national, the entity
677	holding the person shall make a reasonable effort to verify that
678	the prisoner has been lawfully admitted to the United States
679	and, if lawfully admitted, that such lawful status has not
680	expired. If verification of lawful status cannot be made from
681	documents in the possession of the prisoner, verification shall
682	be made within 48 hours after the beginning of the confinement
683	in subsection (1) through a query to the United States
684	Department of Homeland Security. If the prisoner is determined
685	not to be lawfully admitted to the United States, the entity
686	holding the person shall notify the United States Department of
687	Homeland Security.
688	(3) For the purpose of determining the grant or issuance
689	of bond, a person who pursuant to subsection (2) has been
690	determined to be a foreign national who has not been lawfully
691	admitted to the United States shall be deemed to be a risk of
692	flight.
693	(4) The Department of Law Enforcement may adopt rules
694	pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
695	implement this section.
696	Section 17. Effective July 1, 2010, section 1000.09,
697	Florida Statutes, is created to read:
698	1000.09 Citizenship or legal residency requirement.-A
699	person may not attend a public prekindergarten or public K-20
700	school, charter school, or educational institution in this state
701	unless he or she is a citizen of the United States or is
702	lawfully present in the United States.
703	Section 18. Effective July 1, 2010, paragraph (a) of
704	subsection (1) of section 1009.40, Florida Statutes, is amended
705	to read:
706	1009.40 General requirements for student eligibility for
707	state financial aid awards and tuition assistance grants.-
708	(1)(a) The general requirements for eligibility of
709	students for state financial aid awards and tuition assistance
710	grants consist of the following:
711	1. Achievement of the academic requirements of and
712	acceptance at a state university or community college; a nursing
713	diploma school approved by the Florida Board of Nursing; a
714	Florida college, university, or community college which is
715	accredited by an accrediting agency recognized by the State
716	Board of Education; any Florida institution the credits of which
717	are acceptable for transfer to state universities; any career
718	center; or any private career institution accredited by an
719	accrediting agency recognized by the State Board of Education.
720	2. Residency in this state for no less than 1 year
721	preceding the award of aid or a tuition assistance grant for a
722	program established pursuant to s. 1009.50, s. 1009.505, s.
723	1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
724	1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
725	1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
726	Residency in this state must be for purposes other than to
727	obtain an education. Resident status for purposes of receiving
728	state financial aid awards shall be determined in the same
729	manner as resident status for tuition purposes pursuant to s.
730	1009.21.
731	3. Submission of certification attesting to the accuracy,
732	completeness, and correctness of information provided to
733	demonstrate a student's eligibility to receive state financial
734	aid awards or tuition assistance grants. Falsification of such
735	information shall result in the denial of any pending
736	application and revocation of any award or grant currently held
737	to the extent that no further payments shall be made.
738	Additionally, students who knowingly make false statements in
739	order to receive state financial aid awards or tuition
740	assistance grants commit a misdemeanor of the second degree
741	subject to the provisions of s. 837.06 and shall be required to
742	return all state financial aid awards or tuition assistance
743	grants wrongfully obtained.
744	4. Submission of evidence that the student is a citizen of
745	the United States or is lawfully present in the United States.
746	Section 19. (1) The executive director of the Department
747	of Law Enforcement shall negotiate the terms of a memorandum of
748	understanding between this state and the United States
749	Department of Justice or the United States Department of
750	Homeland Security concerning the enforcement of federal
751	immigration and customs laws, detentions and removals, and
752	investigations in this state. The memorandum of understanding
753	shall be signed on behalf of this state by the executive
754	director of the Department of Law Enforcement and the Governor
755	or as otherwise required by the appropriate federal agency.
756	(2) The executive director of the Department of Law
757	Enforcement may designate appropriate law enforcement officers
758	to be trained pursuant to the memorandum of understanding;
759	however, no training shall take place until funding is secured.
760	The Secretary of Corrections, a county sheriff, or the governing
761	body of a municipality that maintains a police force may enter
762	into the memorandum as a party and provide officers to be
763	trained. Any such officer certified as trained in accordance
764	with the memorandum may enforce federal immigration and customs
765	laws while performing within the scope of his or her duties.
766	Section 20. (1) The Department of Children and Family
767	Services shall make a reasonable attempt to verify an
768	applicant's citizenship before processing an application for
769	state food stamp benefits, determining eligibility for Medicaid
770	services, or processing any other application for financial
771	assistance. During a periodic review of eligibility for
772	benefits, the Department of Children and Family Services shall
773	make every effort to confirm citizenship and report any changes
774	to the Department of Law Enforcement's statewide hotline
775	operated under s. 943.03(15), Florida Statutes, as created by
776	this act.
777	(2) Upon detection of an individual who appears to have an
778	illegal status, the Department of Children and Family Services
779	shall report the individual to the Department of Law
780	Enforcement's statewide hotline operated under s. 943.03(15),
781	Florida Statutes, as created by this act, to ensure proper
782	reporting of such individuals. If children are involved, the
783	Department of Children and Family Services shall also contact
784	the child abuse hotline to ensure the safety and protection of
785	such children.
786	Section 21. The Department of Health, for the purpose of
787	determining eligibility for department services or funding
788	related to Social Security or health benefits, shall establish
789	policies and procedures to ensure that the citizenship of an
790	applicant is established. The Department of Health shall report
791	any individual suspected of being an illegal alien or not
792	meeting citizenship requirements to the Department of Law
793	Enforcement's statewide hotline operated under s. 943.03(15),
794	Florida Statutes, as created by this act.
795	Section 22. The Department of Children and Family Services
796	and the Department of Health shall develop and maintain a
797	memorandum of understanding with the Department of Law
798	Enforcement for its assistance in identifying and reducing the
799	provision of state-funded services to individuals residing
800	illegally in the United States.
801	Section 23. (1) The Commissioner of Agriculture may seek
802	a memorandum of understanding with the federal Department of
803	Homeland Security to establish requirements and standards for a
804	bulk labor visa program for agriculture in this state. Such
805	requirements and standards shall include, but are not limited
806	to:
807	(a) Provision for written agreements between farming
808	communities and the Department of Agriculture and Consumer
809	Services to allow a certified farmer to apply for a bulk labor
810	visa in order to import guest workers for the specific purpose
811	of harvesting and processing crops and performing any other
812	duties identified by the Commissioner of Agriculture as critical
813	to the success of agriculture in this state.
814	(b) Specification of responsibilities of a holder of a
815	bulk labor visa, including housing imported guest workers,
816	supervising their whereabouts while in the United States,
817	ensuring that their health and safety are adequately addressed,
818	and assisting them in returning to their home countries when
819	they desire to do so or upon expiration of the bulk labor visa.
820	(2) The Commissioner of Agriculture shall establish an
821	advisory workgroup to help establish standards and ensure the
822	proper oversight and management of guest workers temporarily in
823	the state under the bulk visa program.
824	Section 24. Except as otherwise expressly provided in this
825	act, this act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.