January 22, 2021
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       Florida Senate - 2010                                     SB 856
       
       
       
       By Senator Baker
       
       
       
       
       20-00788B-10                                           2010856__
    1                        A bill to be entitled                      
    2         An act relating to immigration; providing a short
    3         title; amending s. 24.115, F.S.; requiring the
    4         Department of the Lottery to verify the citizenship or
    5         legal presence in the United States of certain prize
    6         winners; creating ss. 125.01075 and 166.0447, F.S.;
    7         prohibiting counties and municipalities from adopting
    8         ordinances relating to persons illegally present in
    9         the United States; creating s. 287.135, F.S.;
   10         providing definitions; requiring public employers to
   11         participate in a specified federal program to verify
   12         the work authorization status of newly hired employees
   13         or to verify employee work authorization status
   14         through documentation determined equivalent by the
   15         Department of Management Services; authorizing the
   16         department to adopt rules; amending s. 322.08, F.S.;
   17         requiring driver’s license applicants to present proof
   18         of United States citizenship or lawful presence in the
   19         United States; requiring the Department of Law
   20         Enforcement to establish a memorandum of understanding
   21         with the federal Department of Homeland Security
   22         regarding illegal aliens who are confined in county
   23         detention facilities; requiring the Department of Law
   24         Enforcement to establish a memorandum of understanding
   25         with the Department of Corrections concerning
   26         temporary shelter and supervision for individuals
   27         identified as illegal aliens; authorizing the
   28         Department of Corrections to use current facilities
   29         for detention facilities for illegal aliens;
   30         authorizing the Department of Corrections to seek
   31         federal assistance to reduce costs of detention of
   32         illegal aliens; requiring the Secretary of Corrections
   33         to establish an advisory workgroup to review sites for
   34         detention facilities and to develop state standards
   35         for these sites; providing for membership; requiring a
   36         report; creating s. 409.954, F.S.; requiring
   37         verification of the lawful presence in the United
   38         States of persons over a specified age applying for
   39         certain public benefits; providing exceptions;
   40         requiring execution of an affidavit of eligibility;
   41         providing for verification of the affidavit under a
   42         specified federal program; providing for penalties for
   43         false affidavits; providing for variation of
   44         requirements; providing for adjudication of unique
   45         individual circumstances due to unusual hardship;
   46         prohibiting provision of public benefits in violation
   47         of specified provisions; providing for reports;
   48         creating part XVII of ch. 468, F.S.; providing
   49         legislative findings and intent relating to
   50         immigration assistance services; providing
   51         definitions; specifying authorized and prohibited
   52         services; providing exemptions from regulation;
   53         requiring written contracts meeting specified
   54         requirements for the provision of immigration
   55         assistance services; requiring the posting of
   56         specified signage by immigration assistance service
   57         providers; regulating advertising by immigration
   58         assistance services; providing for applicability of
   59         other laws; requiring licensure of immigration
   60         assistance service providers; providing licensure
   61         requirements; providing for fees; providing for
   62         temporary licenses in certain circumstances; providing
   63         for license renewal; providing criminal penalties for
   64         unlicensed practice; providing penalties for
   65         violations by licensees; providing for rulemaking;
   66         creating s. 877.28, F.S.; prohibiting specified
   67         actions related to transporting or harboring illegal
   68         aliens; providing criminal penalties; amending s.
   69         903.046, F.S.; including consideration of whether a
   70         defendant is legally present in the United States as a
   71         factor in bail proceedings; amending s. 905.34, F.S.;
   72         providing statewide grand jury jurisdiction for
   73         violations of specified provisions relating to
   74         transporting or harboring illegal aliens; amending s.
   75         943.03, F.S.; requiring the Department of Law
   76         Enforcement to establish a hotline for the reporting
   77         of immigration law violations and violations of law by
   78         nonresidents; requiring verification of the
   79         citizenship status of certain persons confined for
   80         felony charges; authorizing the Department of Law
   81         Enforcement to adopt rules; creating s. 1000.09, F.S.;
   82         providing that a person may not attend certain public
   83         educational programs or institutions in this state
   84         unless he or she is a citizen of the United States or
   85         is lawfully present in the United States; amending s.
   86         1009.40, F.S.; requiring that a student seeking
   87         certain financial aid present evidence that he or she
   88         is a citizen of the United States or is lawfully
   89         present in the United States; requiring the executive
   90         director of the department to negotiate a memorandum
   91         of understanding between this state and specified
   92         federal agencies concerning enforcement of specified
   93         federal laws; authorizing training of certain law
   94         enforcement officers pursuant to the memorandum in
   95         certain circumstances; authorizing trained officers to
   96         enforce federal immigration and customs laws as part
   97         of their duties; requiring the Department of Children
   98         and Family Services to make a reasonable attempt to
   99         verify citizenship before processing applications for
  100         specified public benefits; specifying duties of the
  101         department if an individual appears to have an illegal
  102         status; requiring the Department of Health to
  103         establish citizenship of applicants for specified
  104         benefits; specifying duties of the department if an
  105         individual appears to have an illegal status;
  106         requiring the Department of Children and Family
  107         Services and the Department of Health to develop and
  108         maintain a memorandum of understanding with the
  109         Department of Law Enforcement for specified
  110         assistance; authorizing the Commissioner of
  111         Agriculture to seek a memorandum of understanding with
  112         the federal Department of Homeland Security for a bulk
  113         labor visa program; providing requirements for such a
  114         program; providing for the establishment of a
  115         workgroup for specified purposes; providing effective
  116         dates.
  117  
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. This act may be cited as the “Florida Illegal
  121  Immigration Reform Act.”
  122         Section 2. Paragraph (h) is added to subsection (1) of
  123  section 24.115, Florida Statutes, to read:
  124         24.115 Payment of prizes.—
  125         (1) The department shall promulgate rules to establish a
  126  system of verifying the validity of tickets claimed to win
  127  prizes and to effect payment of such prizes; however:
  128         (h) The department may not pay any prize, excluding prizes
  129  for which payment by retailers has been authorized under
  130  paragraph (e), until the department has verified that the winner
  131  of that prize is a citizen of the United States or legally
  132  present in the United States.
  133         Section 3. Section 125.01075, Florida Statutes, is created
  134  to read:
  135         125.01075 Ordinances relating to illegal aliens.—A county
  136  may not adopt an ordinance relating to persons illegally present
  137  in the United States.
  138         Section 4. Section 166.0447, Florida Statutes, is created
  139  to read:
  140         166.0447 Ordinances relating to illegal aliens.—A
  141  municipality may not adopt an ordinance relating to persons
  142  illegally present in the United States.
  143         Section 5. Section 287.135, Florida Statutes, is created to
  144  read:
  145         287.135 Verification of immigration status; public
  146  employers.—
  147         (1) As used in the section, the term:
  148         (a) “Basic Pilot Program” means the electronic verification
  149  of work authorization program of the Illegal Immigration Reform
  150  and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208,
  151  Division C, Title IV, s. 403(a), as amended, operated by the
  152  United States Department of Homeland Security or any equivalent
  153  federal work authorization program operated by the United States
  154  Department of Homeland Security or any other designated federal
  155  agency authorized to verify the work authorization status of
  156  newly hired employees pursuant to the Immigration Reform and
  157  Control Act of 1986, Pub. L. No. 99-603.
  158         (b) “Public employer” means any department, agency, or
  159  instrumentality of the executive, legislative, or judicial
  160  branch of state government.
  161         (2) Every public employer shall register and participate in
  162  the Basic Pilot Program to verify the work authorization status
  163  of all new employees or otherwise verify the work authorization
  164  status of employees through review of employee documentation
  165  determined by the department to be equivalent.
  166         (3) This section shall be enforced without regard to race,
  167  religion, gender, ethnicity, or national origin.
  168         (4) The department may adopt rules pursuant to ss.
  169  120.536(1) and 120.54 to implement this section.
  170         Section 6. Paragraph (c) of subsection (2) of section
  171  322.08, Florida Statutes, is amended to read:
  172         322.08 Application for license.—
  173         (2) Each such application shall include the following
  174  information regarding the applicant:
  175         (c) Proof of identity and of United States citizenship or
  176  lawful presence in the United States satisfactory to the
  177  department. Such proof must include one of the following
  178  documents issued to the applicant:
  179         1. A driver’s license record or identification card record
  180  from another jurisdiction that required the applicant to submit
  181  a document for identification which is substantially similar to
  182  a document required under subparagraph 2., subparagraph 3.,
  183  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
  184  7., or subparagraph 8.;
  185         2. A certified copy of a United States birth certificate;
  186         3. A valid, unexpired United States passport;
  187         4. A naturalization certificate issued by the United States
  188  Department of Homeland Security;
  189         5. A valid, unexpired alien registration receipt card
  190  (green card);
  191         6. A Consular Report of Birth Abroad provided by the United
  192  States Department of State;
  193         7. An unexpired employment authorization card issued by the
  194  United States Department of Homeland Security; or
  195         8. Proof of nonimmigrant classification provided by the
  196  United States Department of Homeland Security, for an original
  197  driver’s license. In order to prove nonimmigrant classification,
  198  an applicant may produce the following documents, including, but
  199  not limited to:
  200         a. A notice of hearing from an immigration court scheduling
  201  a hearing on any proceeding.
  202         b. A notice from the Board of Immigration Appeals
  203  acknowledging pendency of an appeal.
  204         c. A notice of the approval of an application for
  205  adjustment of status issued by the United States Bureau of
  206  Citizenship and Immigration Services.
  207         d. Any official documentation confirming the filing of a
  208  petition for asylum or refugee status or any other relief issued
  209  by the United States Bureau of Citizenship and Immigration
  210  Services.
  211         e. A notice of action transferring any pending matter from
  212  another jurisdiction to this state issued by the United States
  213  Bureau of Citizenship and Immigration Services.
  214         f. An order of an immigration judge or immigration officer
  215  granting any relief that authorizes the alien to live and work
  216  in the United States, including, but not limited to, asylum.
  217         g. Evidence that an application is pending for adjustment
  218  of status to that of an alien lawfully admitted for permanent
  219  residence in the United States or conditional permanent resident
  220  status in the United States, if a visa number is available
  221  having a current priority date for processing by the United
  222  States Bureau of Citizenship and Immigration Services.
  223         h. On or after January 1, 2010, an unexpired foreign
  224  passport with an unexpired United States Visa affixed,
  225  accompanied by an approved I-94, documenting the most recent
  226  admittance into the United States.
  227  
  228  Presentation of any of the documents in subparagraph 7. or
  229  subparagraph 8. entitles the applicant to a driver’s license or
  230  temporary permit for a period not to exceed the expiration date
  231  of the document presented or 1 year, whichever occurs first.
  232         Section 7. The Department of Law Enforcement shall
  233  establish a memorandum of understanding with the federal
  234  Department of Homeland Security regarding illegal aliens
  235  confined in county detention facilities. The memorandum of
  236  understanding must provide for reimbursement by the federal
  237  Department of Homeland Security for the cost of care and custody
  238  of such illegal aliens in county facilities and must provide
  239  requirements pertaining to deportation.
  240         Section 8. (1) The Department of Law Enforcement shall
  241  establish a memorandum of understanding with the Department of
  242  Corrections to provide temporary shelter and supervision for
  243  individuals detained as undocumented individuals or as illegal
  244  aliens. The memorandum of understanding shall include
  245  requirements for sheltering and supervision in a minimum
  246  security arrangement and a method for collecting costs
  247  associated with these detention facilities.
  248         (2) The Department of Corrections, through its memorandum
  249  of understanding with the Department of Law Enforcement, shall
  250  seek federal assistance to provide temporary housing resources,
  251  including portables and food assistance through the United
  252  States Department of Agriculture grant programs, to help reduce
  253  costs associated with detention of undocumented individuals or
  254  individuals identified as illegal aliens.
  255         (3) The Department of Corrections may use state-owned
  256  property located on or near current correctional facilities to
  257  house and supervise those individuals detained who are
  258  undocumented or identified as illegal aliens.
  259         Section 9. The Secretary of Corrections shall appoint an
  260  advisory workgroup to review sites for detention facilities for
  261  individuals detained who are undocumented or identified as
  262  illegal aliens and to develop state standards for these sites.
  263  The workgroup shall seek to use the current facilities and
  264  resources available to Department of Corrections for detention
  265  facilities for individuals detained who are undocumented or
  266  identified as illegal aliens to the extent possible to minimize
  267  the fiscal impact on state correctional budgets. The membership
  268  of the workgroup must include representatives from the Police
  269  Benevolent Association and the Fraternal Order of Police. The
  270  workgroup may also include legislative staff appointed by the
  271  presiding officers of their respective chambers. Members of the
  272  workgroup shall serve without compensation for such service. The
  273  workgroup shall submit a report with findings and
  274  recommendations to the President of the Senate, the Speaker of
  275  the House of Representatives, and the secretary by December 31,
  276  2010.
  277         Section 10. Section 409.954, Florida Statutes, is created
  278  to read:
  279         409.954 Verification of immigration status for public
  280  benefits.—
  281         (1) Except as provided in subsection (3) or where exempted
  282  by federal law, each agency of the executive, legislative, or
  283  judicial branch of state government shall verify the lawful
  284  presence in the United States of any natural person 18 years of
  285  age or older who has applied for state public benefits as
  286  defined in 8 U.S.C. s. 1621 or for federal public benefits as
  287  defined in 8 U.S.C. s. 1611 that are administered by that
  288  agency.
  289         (2) This section shall be enforced without regard to race,
  290  religion, gender, ethnicity, or national origin.
  291         (3) Verification of lawful presence in the United States
  292  under this section is not required for:
  293         (a) Any purpose for which lawful presence in the United
  294  States is not restricted by law, ordinance, or regulation;
  295         (b) Assistance for health care items and services that are
  296  necessary for the treatment of an emergency medical condition,
  297  as defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved
  298  and are not related to an organ transplant procedure;
  299         (c) Short-term, noncash, in-kind emergency disaster relief;
  300         (d) Public health assistance for immunizations with respect
  301  to diseases and for testing and treatment of symptoms of
  302  communicable diseases, regardless of whether such symptoms are
  303  caused by a communicable disease; or
  304         (e) Programs, services, or assistance such as soup
  305  kitchens, crisis counseling and intervention, and short-term
  306  shelter specified by the United States Attorney General, in the
  307  sole and unreviewable discretion of the United States Attorney
  308  General after consultation with appropriate federal agencies and
  309  departments, which:
  310         1. Deliver in-kind services at the community level,
  311  including through public or private nonprofit agencies;
  312         2. Do not condition the provision of assistance, the amount
  313  of assistance provided, or the cost of assistance provided on
  314  the income or resources of the individual recipient; and
  315         3. Are necessary for the protection of life or safety.
  316         (4) Verification of lawful presence in the United States by
  317  an agency required to make such verification shall require that
  318  the applicant execute an affidavit under penalty of perjury that
  319  the applicant is:
  320         (a) A United States citizen; or
  321         (b) A qualified alien under the Immigration and Nationality
  322  Act, 8 U.S.C. ss. 1101 et seq., and is lawfully present in the
  323  United States.
  324         (5) For any applicant who has executed the affidavit
  325  described in paragraph (4)(b), eligibility for benefits shall be
  326  made through the Systematic Alien Verification of Entitlement
  327  program operated by the United States Department of Homeland
  328  Security or a successor program designated by that department.
  329  Until such eligibility verification is made, the affidavit may
  330  be presumed to be proof of lawful presence for the purposes of
  331  this section.
  332         (6) Any person who knowingly and willfully makes a false,
  333  fictitious, or fraudulent statement or representation in an
  334  affidavit executed pursuant to subsection (4) and any person who
  335  aids or abets a person in knowingly and willfully making such a
  336  statement or representation in an affidavit shall be subject to
  337  criminal penalties applicable in this state for fraudulently
  338  obtaining public assistance program benefits and must disgorge
  339  any benefit received and make restitution to the agency that
  340  administered the benefit or entitlement. If the affidavit
  341  constitutes a false claim of United States citizenship under 18
  342  U.S.C. s. 911, a complaint shall be filed by the agency
  343  requiring the affidavit with the appropriate United States
  344  Attorney.
  345         (7) An agency may adopt variations to the requirements of
  346  this section that demonstrably improve the efficiency of or
  347  reduce delay in the verification process, or to provide for
  348  adjudication of unique individual circumstances where the
  349  verification procedures in this section would impose unusual
  350  hardship on a legal resident of this state. However, no
  351  variation adopted under this subsection may have the effect of
  352  eliminating the requirement for verification as provided in
  353  subsection (1).
  354         (8) An agency may not provide any state or federal benefit,
  355  as defined in 8 U.S.C. s. 1611 or s. 1621, in violation of this
  356  section.
  357         (9) Each agency of the executive, legislative, or judicial
  358  branch of state government that administers a program of state
  359  public benefits shall provide an annual report to the Secretary
  360  of Children and Family Services with respect to its compliance
  361  with this section. Any and all incidents of noncompliance shall
  362  be reported to the United States Department of Homeland Security
  363  by the Secretary of Children and Family Services.
  364         Section 11. Effective January 1, 2011, part XVII of chapter
  365  468, Florida Statutes, consisting of sections 468.85, 468.851,
  366  468.852, and 468.853, Florida Statutes, is created to read:
  367                              PART XVII                            
  368                   IMMIGRATION ASSISTANCE SERVICES                 
  369  
  370         468.85 Immigration assistance services.—
  371         (1) FINDINGS AND INTENT.—The Legislature finds and declares
  372  that private individuals who assist persons with immigration
  373  matters have a significant impact on the ability of their
  374  clients to reside and work within the United States and to
  375  establish and maintain stable families and business
  376  relationships. The Legislature further finds that that
  377  assistance and its impact also have a significant effect on the
  378  cultural, social, and economic life of this state and thereby
  379  substantially affect the public interest. It is the intent of
  380  the Legislature to establish rules of practice and conduct for
  381  those individuals to promote honesty and fair dealing with
  382  residents and to preserve public confidence.
  383         (2) DEFINITIONS.—As used in this part, the term:
  384         (a) “Department” means the Department of Business and
  385  Professional Regulation.
  386         (b) “Immigration assistance services” means any information
  387  or action provided or offered to customers or prospective
  388  customers related to immigration matters. The term excludes
  389  legal advice, recommendation of a specific course of legal
  390  action, or provision of any other assistance that requires legal
  391  analysis, legal judgment, or interpretation of the law.
  392         (c) “Immigration matter” means any proceeding, filing, or
  393  action affecting the nonimmigrant, immigrant, or citizenship
  394  status of any person that arises under immigration and
  395  naturalization law, executive order, or presidential
  396  proclamation of the United States or any foreign country or that
  397  arises under action of the United States Citizenship and
  398  Immigration Services, the United States Department of Labor, or
  399  the United States Department of State.
  400         (3) AUTHORIZED SERVICES.—A person who provides or offers to
  401  provide immigration assistance services may perform only the
  402  following services:
  403         (a) Completing a government agency form requested by the
  404  customer and appropriate to the customer’s needs, provided that
  405  the completion of that form does not involve a legal judgment
  406  for that particular matter.
  407         (b) Transcribing responses to a government agency form that
  408  is related to an immigration matter; however, the person may not
  409  advise a customer as to the substance of his or her answers on
  410  such a form.
  411         (c) Translating information on forms to a customer and
  412  translating the customer’s answers to questions posed on those
  413  forms.
  414         (d) Securing for the customer supporting documents
  415  currently in existence, such as birth and marriage certificates,
  416  that may be required to be submitted with government agency
  417  forms.
  418         (e) Translating documents from a foreign language into
  419  English.
  420         (f) Notarizing signatures on government agency forms,
  421  provided that the person performing the service is a notary
  422  public commissioned in this state and is lawfully present in the
  423  United States.
  424         (g) Making a referral, without compensation from the
  425  attorney, to an attorney who could undertake legal
  426  representation for a person in an immigration matter.
  427         (h) Preparing or arranging for the preparation of
  428  photographs and fingerprints or other biometric identification.
  429         (i) Arranging for the performance of medical testing,
  430  including X rays and AIDS tests, and the obtaining of reports of
  431  such test results.
  432         (j) Conducting English language and civics courses
  433  necessary for the immigration process.
  434         (4) PROHIBITED SERVICES.—A person who provides or offers to
  435  provide immigration assistance services may not:
  436         (a) Give any legal advice concerning an immigration matter
  437  or perform an act constituting the practice of immigration law
  438  as defined in 8 C.F.R. s. 1.1(i), (j), (k), or (m).
  439         (b) Represent, hold out, or advertise, in connection with
  440  the provision of assistance in immigration matters in any
  441  language that he or she possesses any title or credential,
  442  including, but not limited to, “notary public” or “immigration
  443  consultant,” that could cause a customer to believe that the
  444  person possesses special professional skills or is authorized to
  445  provide advice on an immigration matter.
  446         (c) Make any misrepresentation or false statement, directly
  447  or indirectly, to influence, persuade, or induce patronage.
  448         (d) Retain any compensation for service not performed.
  449         (e) Refuse to return documents supplied by, prepared on
  450  behalf of, or paid for by the customer upon the request of the
  451  customer even if subject to a fee dispute.
  452         (5) EXEMPTIONS.—This part does not apply to:
  453         (a) An attorney licensed to practice law in any state or
  454  territory of the United States, or in any foreign country when
  455  authorized to practice in this state by the Florida Supreme
  456  Court, to the extent the attorney provides immigration
  457  assistance services in the course of practicing as an attorney.
  458         (b) A nonlawyer assistant employed by and under the direct
  459  supervision of a licensed attorney described in paragraph (a)
  460  and providing immigration assistance services in the course of
  461  the assistant’s employment.
  462         (c) A not-for-profit organization recognized by the Board
  463  of Immigration Appeals under 8 C.F.R. s. 292.2(a), employees of
  464  those organizations accredited under 8 C.F.R. s. 292.2(d), and
  465  designated entities as defined in 8 C.F.R. s. 245a.1.
  466         (d) An organization employing or desiring to employ an
  467  alien or nonimmigrant alien, which organization, its employees,
  468  or its agents provide advice or assistance in immigration
  469  matters to alien or nonimmigrant alien employees or potential
  470  employees without compensation from the individuals to whom the
  471  advice or assistance is provided.
  472         (6) CONTRACT.—
  473         (a) Except as otherwise provided in this subsection, before
  474  providing any assistance in an immigration matter, a person
  475  shall provide the customer with a written contract that includes
  476  the following:
  477         1. An explanation of the services to be performed.
  478         2. Identification of all compensation and costs to be
  479  charged to the customer for the services to be performed.
  480         3. A statement that documents submitted in support of an
  481  application for nonimmigrant, immigrant, or naturalization
  482  status may not be retained by the person for any purpose,
  483  including payment of compensation or costs.
  484         (b) The written contract shall be in both English and in
  485  the language of the customer.
  486         (c) This subsection does not apply to a not-for-profit
  487  organization that provides advice or assistance in immigration
  488  matters to clients without charge beyond a reasonable fee to
  489  reimburse the organization’s reasonable costs relating to
  490  providing immigration assistance services to that client.
  491         (7) SIGNAGE.—Any person who provides or offers to provide
  492  immigration assistance services and is not exempted from this
  493  part shall post signs at his or her place of business setting
  494  forth information in English and in every other language in
  495  which the person provides or offers to provide immigration
  496  assistance services. Each language shall be on a separate sign.
  497  Signs shall be posted in a location where the signs will be
  498  visible to customers, and no text on the sign shall be in a font
  499  size less than one-half of the size of the largest font used
  500  elsewhere on the sign. Each sign shall be at least 11 inches by
  501  17 inches and shall contain the following:
  502         (a) In a font size no less than three-quarters of the
  503  largest font size used elsewhere on the sign, the statement: “I
  504  AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE
  505  LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”
  506         (b) In a font size no less than three-quarters of the
  507  largest font size used elsewhere on the sign, the statement: “I
  508  AM NOT ACCREDITED TO REPRESENT YOU BEFORE UNITED STATES
  509  CITIZENSHIP AND IMMIGRATION SERVICES AND THE BOARD OF
  510  IMMIGRATION APPEALS.”
  511         (c) The fee schedule.
  512         (d) The statement: “You may cancel any contract within 3
  513  working days and get your money back for services not
  514  performed.”
  515         (e) A statement that a copy of the contract shall be
  516  provided to the customer upon the customer’s execution of the
  517  contract.
  518         (f) A statement that any documents of the type identified
  519  in subparagraph (6)(a)3. shall be returned upon demand of the
  520  customer.
  521         (g) A statement that the customer has the right to rescind
  522  a contract within 72 hours after his or her signing of the
  523  contract.
  524         (h) Any additional information the department may require
  525  by rule.
  526         (8) ADVERTISING.—
  527         (a) Every person providing immigration assistance services
  528  who is not an attorney and who advertises immigration assistance
  529  services in a language other than English:
  530         1. In any written form or medium containing writing, with
  531  the exception of a single desk plaque, shall include in the
  532  advertisement the following notice in English and any other
  533  language in which writing appears: “I AM NOT AN ATTORNEY
  534  LICENSED TO PRACTICE LAW IN FLORIDA AND MAY NOT GIVE LEGAL
  535  ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” This notice shall be of
  536  a conspicuous size.
  537         2. Through radio, television, or any other audio or video
  538  medium, shall include substantially the same message as provided
  539  in subparagraph 1. in English and in any other language used in
  540  the advertisement.
  541         (b) Any person who provides or offers to provide
  542  immigration assistance services and is not exempted from this
  543  part may not, in any document, advertisement, stationery,
  544  letterhead, business card, or other comparable written material,
  545  literally translate from English into another language terms or
  546  titles including, but not limited to, notary public, notary,
  547  licensed, attorney, lawyer, or any other term that implies the
  548  person is an attorney.
  549         (9) OTHER LAWS.—This part does not regulate any business to
  550  the extent that such regulation is prohibited or preempted by
  551  state or federal law.
  552         468.851 Licensure.—
  553         (1) Any person who provides immigration assistance services
  554  in this state must be licensed pursuant to this part.
  555         (2) The department shall issue a license to provide
  556  immigration services to any person who meets the following
  557  requirements:
  558         (a) Is at least 18 years of age.
  559         (b) Is of good moral character.
  560         (c) Has completed the application form and remitted an
  561  application fee and all other applicable fees provided for in
  562  this part or chapter 455. The department, by rule, shall
  563  establish biennial fees for initial licensure, renewal of
  564  licensure, and reinstatement of licensure, none of which fees
  565  may exceed $400. The department shall also charge each applicant
  566  the actual cost for fingerprint analysis in addition to the
  567  application fee. The department may, by rule, establish a
  568  delinquency fee of no more than $50. The fees shall be adequate
  569  to proportionately fund the expenses of the department that are
  570  allocated to the regulation of providers of immigration
  571  assistance services under this part and shall be based on the
  572  department’s estimate of the revenue required to administer this
  573  part.
  574         (d) Has submitted to the department a fingerprint card for
  575  a criminal history records check. The fingerprint card shall be
  576  forwarded to the Division of Criminal Justice Information
  577  Systems within the Department of Law Enforcement for purposes of
  578  processing the fingerprint card to determine whether the
  579  applicant has a criminal history record. The fingerprint card
  580  shall also be forwarded to the Federal Bureau of Investigation
  581  for purposes of processing the fingerprint card to determine
  582  whether the applicant has a criminal history record. The
  583  information obtained by the processing of the fingerprint card
  584  by the Department of Law Enforcement and the Federal Bureau of
  585  Investigation shall be sent to the department for the purpose of
  586  determining whether the applicant is statutorily qualified for
  587  licensure.
  588         (e) Has not in any jurisdiction, within the preceding 5
  589  years, been convicted or found guilty of or entered a plea of
  590  nolo contendere for, regardless of adjudication, a crime that
  591  relates to the applicant’s provision of or offer to provide
  592  immigration assistance services.
  593         (3) A license issued under this section is not
  594  transferable.
  595         (4) The department may issue a temporary license while an
  596  application for licensure is pending. If the department issues a
  597  notice of intent to deny the license application, the initial
  598  temporary license expires and may not be extended during any
  599  proceeding or administrative or judicial review.
  600         (5) The department shall renew a license pursuant to
  601  procedures provided for in s. 455.203.
  602         468.852 Violations.—
  603         (1) A person, unless exempt under s. 468.85, may not
  604  provide immigration assistance services unless the person holds
  605  an active license pursuant to this part. A person who violates
  606  this subsection commits a misdemeanor of the first degree,
  607  punishable as provided in s. 775.082 or s. 775.083.
  608         (2) When the department finds a licensee guilty of any
  609  violation of s. 468.85, the department may enter an order
  610  imposing one or more of the penalties provided in s. 455.227 and
  611  an administrative fine not to exceed $25,000 for each separate
  612  offense.
  613         468.853 Rulemaking authority.—The department may adopt
  614  rules pursuant to ss. 120.536(1) and 120.54 necessary to
  615  administer and enforce this part.
  616         Section 12. Section 877.28, Florida Statutes, is created to
  617  read:
  618         877.28 Offenses concerning illegal aliens.—
  619         (1) It is unlawful for any person to:
  620         (a) Transport, move, or attempt to transport or move within
  621  the United States any alien while knowing or in reckless
  622  disregard of the fact that the alien has come to, entered, or
  623  remained in the United States in violation of law in furtherance
  624  of the illegal presence of the alien in the United States.
  625         (b) Conceal, harbor, or shelter from detection any alien in
  626  any place, including any building or means of transportation,
  627  while knowing or in reckless disregard of the fact that the
  628  alien has come to, entered, or remained in the United States in
  629  violation of law in furtherance of the illegal presence of the
  630  alien in the United States.
  631         (2) Any person who violates this section commits a
  632  misdemeanor of the first degree, punishable as provided in s.
  633  775.082 or s. 775.083.
  634         Section 13. Paragraphs (k) and (l) of subsection (2) of
  635  section 903.046, Florida Statutes, are redesignated as
  636  paragraphs (l) and (m), respectively, and a new paragraph (k) is
  637  added to that subsection to read:
  638         903.046 Purpose of and criteria for bail determination.—
  639         (2) When determining whether to release a defendant on bail
  640  or other conditions, and what that bail or those conditions may
  641  be, the court shall consider:
  642         (k) Whether the defendant is an alien who has come to,
  643  entered, or remained in the United States in violation of law.
  644         Section 14. Subsections (11) and (12) of section 905.34,
  645  Florida Statutes, are amended, and subsection (13) is added to
  646  that section, to read:
  647         905.34 Powers and duties; law applicable.—The jurisdiction
  648  of a statewide grand jury impaneled under this chapter shall
  649  extend throughout the state. The subject matter jurisdiction of
  650  the statewide grand jury shall be limited to the offenses of:
  651         (11) Any criminal violation of the Florida Money Laundering
  652  Act; or
  653         (12) Any criminal violation of the Florida Securities and
  654  Investor Protection Act; or
  655         (13) Any criminal violation of s. 877.28;
  656  
  657  or any attempt, solicitation, or conspiracy to commit any
  658  violation of the crimes specifically enumerated above, when any
  659  such offense is occurring, or has occurred, in two or more
  660  judicial circuits as part of a related transaction or when any
  661  such offense is connected with an organized criminal conspiracy
  662  affecting two or more judicial circuits. The statewide grand
  663  jury may return indictments and presentments irrespective of the
  664  county or judicial circuit where the offense is committed or
  665  triable. If an indictment is returned, it shall be certified and
  666  transferred for trial to the county where the offense was
  667  committed. The powers and duties of, and law applicable to,
  668  county grand juries shall apply to a statewide grand jury except
  669  when such powers, duties, and law are inconsistent with the
  670  provisions of ss. 905.31-905.40.
  671         Section 15. Subsection (15) is added to section 943.03,
  672  Florida Statutes, to read:
  673         943.03 Department of Law Enforcement.—
  674         (15) The department shall establish a hotline for reporting
  675  any allegations of immigration law violations and violations of
  676  law by nonresidents.
  677         Section 16. (1) When a person charged with a felony
  678  violation is confined for any period in a jail or detention
  679  facility, a reasonable effort shall be made to determine the
  680  citizenship status of that person.
  681         (2) If the prisoner is a foreign national, the entity
  682  holding the person shall make a reasonable effort to verify that
  683  the prisoner has been lawfully admitted to the United States
  684  and, if lawfully admitted, that such lawful status has not
  685  expired. If verification of lawful status cannot be made from
  686  documents in the possession of the prisoner, verification shall
  687  be made within 48 hours after the beginning of the confinement
  688  in subsection (1) through a query to the United States
  689  Department of Homeland Security. If the prisoner is determined
  690  not to be lawfully admitted to the United States, the entity
  691  holding the person shall notify the United States Department of
  692  Homeland Security.
  693         (3) For the purpose of determining the grant or issuance of
  694  bond, a person who pursuant to subsection (2) has been
  695  determined to be a foreign national who has not been lawfully
  696  admitted to the United States shall be deemed to be a risk of
  697  flight.
  698         (4) The Department of Law Enforcement may adopt rules
  699  pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
  700  implement this section.
  701         Section 17. Effective July 1, 2010, section 1000.09,
  702  Florida Statutes, is created to read:
  703         1000.09 Citizenship or legal residency requirement.—A
  704  person may not attend a public prekindergarten or public K-20
  705  school, charter school, or educational institution in this state
  706  unless he or she is a citizen of the United States or is
  707  lawfully present in the United States.
  708         Section 18. Effective July 1, 2010, paragraph (a) of
  709  subsection (1) of section 1009.40, Florida Statutes, is amended
  710  to read:
  711         1009.40 General requirements for student eligibility for
  712  state financial aid awards and tuition assistance grants.—
  713         (1)(a) The general requirements for eligibility of students
  714  for state financial aid awards and tuition assistance grants
  715  consist of the following:
  716         1. Achievement of the academic requirements of and
  717  acceptance at a state university or community college; a nursing
  718  diploma school approved by the Florida Board of Nursing; a
  719  Florida college, university, or community college which is
  720  accredited by an accrediting agency recognized by the State
  721  Board of Education; any Florida institution the credits of which
  722  are acceptable for transfer to state universities; any career
  723  center; or any private career institution accredited by an
  724  accrediting agency recognized by the State Board of Education.
  725         2. Residency in this state for no less than 1 year
  726  preceding the award of aid or a tuition assistance grant for a
  727  program established pursuant to s. 1009.50, s. 1009.505, s.
  728  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
  729  1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
  730  1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
  731  Residency in this state must be for purposes other than to
  732  obtain an education. Resident status for purposes of receiving
  733  state financial aid awards shall be determined in the same
  734  manner as resident status for tuition purposes pursuant to s.
  735  1009.21.
  736         3. Submission of certification attesting to the accuracy,
  737  completeness, and correctness of information provided to
  738  demonstrate a student’s eligibility to receive state financial
  739  aid awards or tuition assistance grants. Falsification of such
  740  information shall result in the denial of any pending
  741  application and revocation of any award or grant currently held
  742  to the extent that no further payments shall be made.
  743  Additionally, students who knowingly make false statements in
  744  order to receive state financial aid awards or tuition
  745  assistance grants commit a misdemeanor of the second degree
  746  subject to the provisions of s. 837.06 and shall be required to
  747  return all state financial aid awards or tuition assistance
  748  grants wrongfully obtained.
  749         4. Submission of evidence that the student is a citizen of
  750  the United States or is lawfully present in the United States.
  751         Section 19. (1) The executive director of the Department of
  752  Law Enforcement shall negotiate the terms of a memorandum of
  753  understanding between this state and the United States
  754  Department of Justice or the United States Department of
  755  Homeland Security concerning the enforcement of federal
  756  immigration and customs laws, detentions and removals, and
  757  investigations in this state. The memorandum of understanding
  758  shall be signed on behalf of this state by the executive
  759  director of the Department of Law Enforcement and the Governor
  760  or as otherwise required by the appropriate federal agency.
  761         (2) The executive director of the Department of Law
  762  Enforcement may designate appropriate law enforcement officers
  763  to be trained pursuant to the memorandum of understanding;
  764  however, no training shall take place until funding is secured.
  765  The Secretary of Corrections, a county sheriff, or the governing
  766  body of a municipality that maintains a police force may enter
  767  into the memorandum as a party and provide officers to be
  768  trained. Any such officer certified as trained in accordance
  769  with the memorandum may enforce federal immigration and customs
  770  laws while performing within the scope of his or her duties.
  771         Section 20. (1) The Department of Children and Family
  772  Services shall make a reasonable attempt to verify an
  773  applicant’s citizenship before processing an application for
  774  state food stamp benefits, determining eligibility for Medicaid
  775  services, or processing any other application for financial
  776  assistance. During a periodic review of eligibility for
  777  benefits, the Department of Children and Family Services shall
  778  make every effort to confirm citizenship and report any changes
  779  to the Department of Law Enforcement’s statewide hotline
  780  operated under s. 943.03(15), Florida Statutes, as created by
  781  this act.
  782         (2) Upon detection of an individual who appears to have an
  783  illegal status, the Department of Children and Family Services
  784  shall report the individual to the Department of Law
  785  Enforcement’s statewide hotline operated under s. 943.03(15),
  786  Florida Statutes, as created by this act, to ensure proper
  787  reporting of such individuals. If children are involved, the
  788  Department of Children and Family Services shall also contact
  789  the child abuse hotline to ensure the safety and protection of
  790  such children.
  791         Section 21. The Department of Health, for the purpose of
  792  determining eligibility for department services or funding
  793  related to Social Security or health benefits, shall establish
  794  policies and procedures to ensure that the citizenship of an
  795  applicant is established. The Department of Health shall report
  796  any individual suspected of being an illegal alien or not
  797  meeting citizenship requirements to the Department of Law
  798  Enforcement’s statewide hotline operated under s. 943.03(15),
  799  Florida Statutes, as created by this act.
  800         Section 22. The Department of Children and Family Services
  801  and the Department of Health shall develop and maintain a
  802  memorandum of understanding with the Department of Law
  803  Enforcement for its assistance in identifying and reducing the
  804  provision of state-funded services to individuals residing
  805  illegally in the United States.
  806         Section 23. (1) The Commissioner of Agriculture may seek a
  807  memorandum of understanding with the federal Department of
  808  Homeland Security to establish requirements and standards for a
  809  bulk labor visa program for agriculture in this state. Such
  810  requirements and standards shall include, but are not limited
  811  to:
  812         (a) Provision for written agreements between farming
  813  communities and the Department of Agriculture and Consumer
  814  Services to allow a certified farmer to apply for a bulk labor
  815  visa in order to import guest workers for the specific purpose
  816  of harvesting and processing crops and performing any other
  817  duties identified by the Commissioner of Agriculture as critical
  818  to the success of agriculture in this state.
  819         (b) Specification of responsibilities of a holder of a bulk
  820  labor visa, including housing imported guest workers,
  821  supervising their whereabouts while in the United States,
  822  ensuring that their health and safety are adequately addressed,
  823  and assisting them in returning to their home countries when
  824  they desire to do so or upon expiration of the bulk labor visa.
  825         (2) The Commissioner of Agriculture shall establish an
  826  advisory workgroup to help establish standards and ensure the
  827  proper oversight and management of guest workers temporarily in
  828  the state under the bulk visa program.
  829         Section 24. Except as otherwise expressly provided in this
  830  act and except for this section, which shall take effect July 1,
  831  2010, this act shall take effect October 1, 2010.

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