Bill Text: FL S1498 | 2025 | Regular Session | Introduced
Bill Title: Services to Noncitizens
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-27 - Filed [S1498 Detail]
Download: Florida-2025-S1498-Introduced.html
Florida Senate - 2025 SB 1498
By Senator Ingoglia
11-00196D-25 20251498__
1 A bill to be entitled
2 An act relating to services to noncitizens; amending
3 s. 125.0167, F.S.; authorizing a county to require
4 proof that certain borrowers are lawfully present in
5 the United States; creating s. 420.0007, F.S.;
6 defining the terms “down payment assistance” and
7 “silent second mortgage”; prohibiting state and local
8 governmental entities and private corporations from
9 providing down payment assistance to a person who is
10 not lawfully in the United States; requiring immediate
11 repayment of downpayment assistance and the initiation
12 of foreclosure proceedings in certain circumstances;
13 prohibiting certain persons from receiving down
14 payment assistance in the future; amending ss.
15 420.5088 and 420.5096, F.S.; restricting eligibility
16 for the Florida Homeownership Assistance Program and
17 the Florida Hometown Hero Program, respectively, to
18 persons who are lawfully present in the United States;
19 amending s. 448.09, F.S.; revising penalties,
20 including suspension of certain licenses and the
21 imposition of fines, for violating provisions related
22 to employing unauthorized aliens; requiring that such
23 fines be deposited into a specified trust fund;
24 conforming provisions to changes made by the act;
25 providing increased penalties, including suspension
26 and revocation of certain licenses and the imposition
27 of fines, for violating provisions related to
28 employing unauthorized aliens where specified injury
29 or death occurs; requiring that such fines be
30 deposited into a specified trust fund; providing that
31 persons injured or the next of kin of persons killed
32 have a cause of action against employers found to be
33 in violation of a specified provision; amending s.
34 448.095, F.S.; requiring that all private employers,
35 rather than only those employing a specified number or
36 more of employees, use the E-Verify system to verify a
37 new employee’s employment eligibility; amending s.
38 560.208, F.S.; prohibiting money services business’
39 licensees from initiating foreign remittance transfers
40 unless they have verified that the sender is not an
41 unauthorized alien; defining the term “foreign
42 remittance transfer”; requiring the Financial Services
43 Commission to adopt rules; requiring licensees to
44 submit certain forms to the Office of Financial
45 Regulation within a specified timeframe; requiring
46 licensees to pay specified penalties for any foreign
47 remittance transferred in violation of specified
48 provisions; requiring quarterly penalty remittances;
49 requiring licensees to submit certain forms and
50 penalties to the office within a specified timeframe;
51 requiring the office to deposit such penalties into a
52 certain fund; amending s. 560.211, F.S.; requiring
53 that licensees make, keep, and preserve for 5 years
54 records of certain documentation and penalties paid;
55 creating s. 560.2115, F.S.; authorizing the office to
56 request, and requiring licensees to provide, records
57 of certain documentation; authorizing the filing of
58 complaints; providing criminal penalties for knowingly
59 filing false or frivolous complaints; imposing
60 requirements on the office upon receipt of a valid
61 complaint substantiated by evidence of a violation;
62 requiring the office to conduct random quarterly
63 audits of licensees to ensure compliance with
64 specified provisions; specifying that failure to
65 comply with certain provisions constitutes grounds for
66 the suspension of all licenses issued by the office;
67 prohibiting the office from auditing a licensee more
68 than a specified number of times within a specified
69 timeframe; providing an exception; authorizing the
70 office to adopt emergency rules; providing for
71 severability; providing an effective date.
72
73 Be It Enacted by the Legislature of the State of Florida:
74
75 Section 1. Paragraph (c) of subsection (5) of section
76 125.0167, Florida Statutes, is amended to read:
77 125.0167 Discretionary surtax on documents; adoption;
78 application of revenue.—
79 (5)
80 (c) A county may not impose any requirement as a condition
81 to receiving any financial assistance on a borrower other than
82 requiring proof that the borrower is lawfully present in the
83 United States and that the borrower’s income does not exceed 140
84 percent of the area median income. In addition to the income
85 eligibility requirement, borrowers may only be subject to loan
86 qualifications of lenders licensed to provide mortgage financing
87 as to the amount of the loan. A county may not create
88 requirements that restrict participation by eligible borrowers.
89 Section 2. Section 420.0007, Florida Statutes, is created
90 to read:
91 420.0007 Down payment assistance for noncitizens
92 prohibited.—
93 (1) For purposes of this section, the term:
94 (a) “Down payment assistance” includes, but is not limited
95 to, grants to assist in the purchase of residential property
96 which take the form of loans or silent second mortgages.
97 (b) “Silent second mortgage” means a second mortgage used
98 to secure down payment funds for a residential property which is
99 not disclosed to the original mortgage lender before closing
100 occurs.
101 (2) State and local governmental entities and private
102 corporations, including, but not limited to, nonprofit
103 organizations incorporated under chapter 617, may not provide
104 any form of down payment assistance to a person who is not
105 lawfully present in the United States.
106 (3) If a person who is not lawfully present in the United
107 States is discovered to have received down payment assistance
108 from a state or local governmental entity or a private
109 corporation, the person must immediately repay the down payment
110 assistance. The governmental entity or private corporation shall
111 initiate foreclosure proceedings as appropriate against such
112 person if he or she does not make such repayment.
113 (4) A person who is discovered to have received down
114 payment assistance in violation of this section is prohibited
115 from receiving down payment assistance in the future, regardless
116 of whether his or her presence in the United States becomes
117 lawful.
118 Section 3. Section 420.5088, Florida Statutes, is amended
119 to read:
120 420.5088 Florida Homeownership Assistance Program.—There is
121 created The Florida Homeownership Assistance Program is created
122 for the purpose of assisting low-income and moderate-income
123 persons who are lawfully present in the United States in
124 purchasing a home as their primary residence by reducing the
125 cost of the home with below-market construction financing, by
126 reducing the amount of down payment and closing costs paid by
127 the borrower to a maximum of 5 percent of the purchase price, or
128 by reducing the monthly payment to an affordable amount for the
129 borrower purchaser. Loans must shall be made available at an
130 interest rate that does not exceed 3 percent. The balance of any
131 loan is due at closing if the property is sold, refinanced,
132 rented, or transferred, unless otherwise approved by the
133 corporation.
134 (1) For loans made available pursuant to s.
135 420.507(23)(a)1. or 2.:
136 (a) The corporation may underwrite and make those mortgage
137 loans through the program to such persons or families who have
138 incomes that do not exceed 120 percent of the state or local
139 median income, whichever is greater, adjusted for family size.
140 (b) Loans must shall be made available for the term of the
141 first mortgage.
142 (c) Loans may not exceed the lesser of 35 percent of the
143 purchase price of the home or the amount necessary to enable the
144 borrower purchaser to meet credit underwriting criteria.
145 (2) For loans made pursuant to s. 420.507(23)(a)3.:
146 (a) Availability is limited to nonprofit sponsors or
147 developers who are selected for program participation pursuant
148 to this subsection.
149 (b) Preference must be given to community-based
150 organizations as defined in s. 420.503.
151 (c) Priority must be given to projects that have received
152 state assistance in funding project predevelopment costs.
153 (d) The benefits of making such loans must shall be
154 contractually provided to the persons or families purchasing
155 homes financed under this subsection.
156 (e) At least 30 percent of the units in a project financed
157 pursuant to this subsection must be sold to persons or families
158 who have incomes that do not exceed 80 percent of the state or
159 local median income, whichever amount is greater, adjusted for
160 family size; and at least another 30 percent of the units in a
161 project financed pursuant to this subsection must be sold to
162 persons or families who have incomes that do not exceed 65
163 percent of the state or local median income, whichever amount is
164 greater, adjusted for family size.
165 (f) The maximum loan amount may not exceed 33 percent of
166 the total project cost.
167 (g) A person who purchases a home in a project financed
168 under this subsection is eligible for a loan authorized by s.
169 420.507(23)(a)1. or 2. in an aggregate amount not exceeding the
170 construction loan made pursuant to this subsection. The home
171 purchaser must meet all the requirements for loan recipients
172 established pursuant to the applicable loan program.
173 (h) The corporation shall provide, by rule, for the
174 establishment of a review committee composed of corporation
175 staff and shall establish, by rule, a scoring system for
176 evaluating and ranking applications submitted for construction
177 loans under this subsection, including, but not limited to, the
178 following criteria:
179 1. The affordability of the housing proposed to be built.
180 2. The direct benefits of the assistance to the persons who
181 will reside in the proposed housing.
182 3. The demonstrated capacity of the applicant to carry out
183 the proposal, including the experience of the development team.
184 4. The economic feasibility of the proposal.
185 5. The extent to which the applicant demonstrates potential
186 cost savings by combining the benefits of different governmental
187 programs and private initiatives, including the local government
188 contributions and local government comprehensive planning and
189 activities that promote affordable housing.
190 6. The use of the least amount of program loan funds
191 compared to overall project cost.
192 7. The provision of homeownership counseling.
193 8. The applicant’s agreement to exceed the requirements of
194 paragraph (e).
195 9. The commitment of first mortgage financing for the
196 balance of the construction loan and for the permanent loans to
197 the purchasers of the housing.
198 10. The applicant’s ability to proceed with construction.
199 11. The targeting objectives of the corporation which will
200 ensure an equitable distribution of loans between rural and
201 urban areas.
202 12. The extent to which the proposal will further the
203 purposes of this program.
204 (i) The corporation may reject any and all applications.
205 (j) The review committee established by corporation rule
206 pursuant to this subsection shall make recommendations to the
207 corporation board regarding program participation under this
208 subsection. The corporation board shall make the final ranking
209 for participation based on the scores received in the ranking,
210 further review of the applications, and the recommendations of
211 the review committee. The corporation board shall approve or
212 reject applicants for loans and shall determine the tentative
213 loan amount available to each program participant. The final
214 loan amount shall be determined pursuant to rule adopted under
215 s. 420.507(23)(h).
216 (3) The corporation shall publish a notice of fund
217 availability in a publication of general circulation throughout
218 this the state at least 60 days before prior to the anticipated
219 availability of funds.
220 (4) There is authorized to be established by the
221 corporation with a qualified public depository meeting the
222 requirements of chapter 280 the Florida Homeownership Assistance
223 Fund to be administered by the corporation according to the
224 provisions of this program. Any amounts held in the Florida
225 Homeownership Assistance Trust Fund for such purposes as of
226 January 1, 1998, must be transferred to the corporation for
227 deposit in the Florida Homeownership Assistance Fund, whereupon
228 the Florida Homeownership Assistance Trust Fund must be closed.
229 There shall be deposited in the fund moneys from the State
230 Housing Trust Fund created by s. 420.0005, or moneys received
231 from any other source, for the purpose of this program and all
232 proceeds derived from the use of such moneys. In addition, all
233 unencumbered funds, loan repayments, proceeds from the sale of
234 any property, and any other proceeds that would otherwise accrue
235 pursuant to the activities of the programs described in this
236 section shall be transferred to this fund. In addition, all loan
237 repayments, proceeds from the sale of any property, and any
238 other proceeds that would otherwise accrue pursuant to the
239 activities conducted under the provisions of the Florida
240 Homeownership Assistance Program shall be deposited in the fund
241 and may shall not be reverted revert to the General Revenue
242 Fund. Expenditures from the Florida Homeownership Assistance
243 Fund are shall not be required to be included in the
244 corporation’s budget request or made be subject to appropriation
245 by the Legislature.
246 (5) No more than one-fifth of the funds available in the
247 Florida Homeownership Assistance Fund may be made available to
248 provide loan loss insurance reserve funds to facilitate
249 homeownership for eligible persons.
250 Section 4. Subsections (2) and (3) of section 420.5096,
251 Florida Statutes, are amended to read:
252 420.5096 Florida Hometown Hero Program.—
253 (2) The Florida Hometown Hero Program is created to assist
254 Florida’s hometown workforce in attaining homeownership by
255 providing financial assistance to residents to purchase a home
256 as their primary residence. Under the program, a borrower who is
257 lawfully present in the United States may apply to the
258 corporation for a loan to reduce the amount of the down payment
259 and closing costs paid by the borrower by a minimum of $10,000
260 and up to 5 percent of the first mortgage loan, not exceeding
261 $35,000. Loans must be made available at a zero percent interest
262 rate and must be made available for the term of the first
263 mortgage. The balance of any loan is due at closing if the
264 property is sold, refinanced, rented, or transferred, unless
265 otherwise approved by the corporation.
266 (3) For loans made available pursuant to s.
267 420.507(23)(a)1. or 2., the corporation may underwrite and make
268 those mortgage loans through the program to persons or families
269 who are lawfully present in the United States and who have
270 household incomes that do not exceed 150 percent of the state
271 median income or local median income, whichever is greater. A
272 borrower must be seeking to purchase a home as a primary
273 residence; must be a first-time homebuyer and a Florida
274 resident; and must be employed full-time by a Florida-based
275 employer. The borrower must provide documentation of full-time
276 employment or full-time status for self-employed individuals.
277 The requirement to be a first-time homebuyer does not apply to a
278 borrower who is an active duty servicemember of a branch of the
279 armed forces or the Florida National Guard, as defined in s.
280 250.01, or a veteran.
281 Section 5. Present subsection (5) of section 448.09,
282 Florida Statutes, is redesignated as subsection (8), a new
283 subsection (5) and subsections (6) and (7) are added to that
284 section, and present subsections (3) and (4) of that section are
285 amended, to read:
286 448.09 Unauthorized aliens; employment prohibited.—
287 (3) For an employer that knowingly violates this section,
288 the department shall suspend all licenses issued by a licensing
289 agency pursuant to chapter 120 for 1 year and impose a fine not
290 to exceed $10,000. Fines must be deposited in the Crimes
291 Compensation Trust Fund For a violation of this section, the
292 department shall place the employer on probation for a 1-year
293 period and require that the employer report quarterly to the
294 department to demonstrate compliance with the requirements of
295 subsection (1) and s. 448.095.
296 (4) For an employer that knowingly violates this section a
297 second time, the department shall suspend or revoke all licenses
298 issued by a licensing agency pursuant to chapter 120 for 5 years
299 and impose a fine not to exceed $100,000. Fines must be
300 deposited in the Crimes Compensation Trust Fund Any violation of
301 this section which takes place within 24 months after a previous
302 violation constitutes grounds for the suspension or revocation
303 of all licenses issued by a licensing agency subject to chapter
304 120. The department shall take the following actions for a
305 violation involving:
306 (a) One to ten unauthorized aliens, suspension of all
307 applicable licenses held by a private employer for up to 30 days
308 by the respective agencies that issued them.
309 (b) Eleven to fifty unauthorized aliens, suspension of all
310 applicable licenses held by a private employer for up to 60 days
311 by the respective agencies that issued them.
312 (c) More than fifty unauthorized aliens, revocation of all
313 applicable licenses held by a private employer by the respective
314 agencies that issued them.
315 (5) For an employer that knowingly violates this section a
316 third time, the department shall permanently revoke all licenses
317 issued by a licensing agency pursuant to chapter 120, both for
318 the employer personally and for the business generally, and
319 impose a fine not to exceed $250,000. Fines must be deposited in
320 the Crimes Compensation Trust Fund.
321 (6) For an employer that knowingly violates this section,
322 and an unauthorized alien employee’s actions result in injuries
323 to another person, the department shall suspend or revoke all
324 licenses issued by a licensing agency pursuant to chapter 120
325 for 5 years and impose a fine not to exceed $100,000. Fines must
326 be deposited in the Crimes Compensation Trust Fund.
327 (7) For an employer that knowingly violates this section,
328 and an unauthorized alien employee’s actions result in the death
329 of another person, the department shall permanently revoke all
330 licenses issued by a licensing agency pursuant to chapter 120
331 and impose a fine not to exceed $500,000. Fines must be
332 deposited in the Crimes Compensation Trust Fund.
333 (8) A person injured or the next of kin of a person killed
334 may bring a cause of action for damages against an employer
335 found to be in violation in subsection (6) or subsection (7).
336 Section 6. Paragraph (b) of subsection (2) of section
337 448.095, Florida Statutes, is amended to read:
338 448.095 Employment eligibility.—
339 (2) EMPLOYMENT VERIFICATION.—
340 (b)1. A public agency shall use the E-Verify system to
341 verify a new employee’s employment eligibility as required under
342 paragraph (a).
343 2. Beginning on July 1, 2025 2023, all a private employers
344 employer with 25 or more employees shall use the E-Verify system
345 to verify a new employee’s employment eligibility as required
346 under paragraph (a).
347 3. Each employer required to use the E-Verify system under
348 this paragraph must certify on its first return each calendar
349 year to the tax service provider that it is in compliance with
350 this section when making contributions to or reimbursing the
351 state’s unemployment compensation or reemployment assistance
352 system. An employer that voluntarily uses the E-Verify system
353 may also make such a certification on its first return each
354 calendar year in order to document such use.
355 Section 7. Subsection (7) is added to section 560.208,
356 Florida Statutes, to read:
357 560.208 Conduct of business.—In addition to the
358 requirements specified in s. 560.1401, a licensee under this
359 part:
360 (7)(a) May not initiate a foreign remittance transfer
361 unless the licensee has verified that the sender is not an
362 unauthorized alien as defined in s. 908.111. As used in this
363 subsection, the term “foreign remittance transfer” means a
364 remittance transfer as defined in the Electronic Fund Transfer
365 Act, 15 U.S.C. s. 1693o-1, as amended, the recipient of which is
366 located in any country other than the United States. The
367 commission shall adopt rules relating to acceptable forms of
368 documentation that a licensee shall use to verify that the
369 sender of a foreign remittance transfer is not an unauthorized
370 alien as defined in s. 908.111. The licensee shall provide
371 confirmation of verification on such forms as the commission may
372 prescribe for this purpose. All required forms must be submitted
373 to the office not later than the 15th day of the month following
374 the close of each calendar quarter.
375 (b) Shall pay a penalty equal to 25 percent of the United
376 States dollar amount transferred, excluding any fees or charges
377 imposed by the licensee, for any foreign remittance transfer
378 initiated in violation of paragraph (a). The licensee shall
379 remit penalties owed under this paragraph quarterly to the
380 office in addition to any such forms as the office may prescribe
381 for such purpose. All required penalties and forms must be
382 submitted to the office not later than the 15th day of the month
383 following the close of each calendar quarter. Notwithstanding
384 ss. 252.3711 and 560.144, the office shall deposit penalties
385 collected pursuant to this paragraph in the Emergency
386 Preparedness and Response Fund under s. 252.3711.
387 Notwithstanding any other provision of this chapter, failure to
388 comply with paragraph (a) does not subject a licensee to any
389 penalty other than the penalty imposed by this paragraph.
390 Section 8. Present paragraphs (i) and (j) of subsection (1)
391 of section 560.211, Florida Statutes, are redesignated as
392 paragraphs (j) and (k), and a new paragraph (i) is added to that
393 subsection, to read:
394 560.211 Required records.—
395 (1) In addition to the record retention requirements under
396 s. 560.1105, each licensee under this part must make, keep, and
397 preserve the following books, accounts, records, and documents
398 for 5 years:
399 (i) Records of:
400 1. The documentation used to verify that the sender of a
401 foreign remittance transfer is not an unauthorized alien as
402 defined in s. 908.111.
403 2. Penalties paid pursuant to s. 560.208(7)(b), including
404 the date and amount of each foreign remittance transfer and the
405 name, date of birth, and address of each sender.
406 Section 9. Section 560.2115, Florida Statutes, is created
407 to read:
408 560.2115 Required records audit.—
409 (1) For the purpose of enforcement of this section, the
410 office may at any time request, and the licensee must provide,
411 records of documentation used to verify that the sender of a
412 foreign remittance transfer is not an unauthorized alien as
413 defined in s. 908.111.
414 (2) A person who has a good faith belief that a licensee is
415 failing to comply with s. 560.208(7)(a) may file a complaint
416 with the office.
417 (3) A person who knowingly files a false or frivolous
418 complaint under subsection (2), including any complaint that
419 violates federal law, commits a misdemeanor of the second
420 degree, punishable as provided in s. 775.082 or s. 775.083.
421 (4) Upon receipt of a valid complaint substantiated by
422 evidence of a violation of s. 560.208(7)(a), the office shall
423 notify the licensee of the complaint and direct the licensee to
424 pay a penalty pursuant to s. 560.208(7)(b).
425 (5) In addition to the requirements under subsection (1),
426 beginning July 1, 2026, the office shall conduct random
427 quarterly audits of licensees to ensure compliance with s.
428 560.208(7)(a). During an audit, a licensee shall produce records
429 of the documentation used to verify that each sender of a
430 foreign remittance transfer is not an unauthorized alien. A
431 licensee that fails to comply with s. 560.208(7)(a) is subject
432 to the penalty pursuant to s. 560.208(7)(b).
433 (6) Failure to comply with subsection (5) constitutes
434 grounds for the suspension of all licenses held by the licensee
435 which were issued by the office.
436 (7) The office may not audit a licensee more than once
437 every 2 years unless an audit within the last 6 months found the
438 licensee out of compliance with s. 560.208(7)(a).
439 Section 10. The Office of Financial Regulation, on behalf
440 of the Financial Services Commission, is authorized, and all
441 conditions are deemed met, to adopt emergency rules pursuant to
442 s. 120.54(4), Florida Statutes, to implement the provisions of
443 this section. Notwithstanding any other provision of law,
444 emergency rules adopted pursuant to this section are effective
445 for 6 months after adoption and may be renewed during the
446 pendency of procedures to adopt permanent rules addressing the
447 subject of the emergency rules.
448 Section 11. If any provision of this act or its application
449 to any person or circumstance is held invalid, the invalidity
450 does not affect other provisions or applications of this act
451 which can be given effect without the invalid provisions or
452 application, and to this end the provisions of this act are
453 severable.
454 Section 12. This act shall take effect July 1, 2025.
