November 15, 2019
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       Florida Senate - 2010                                    SB 1100
       
       
       
       By Senator Fasano
       
       
       
       
       11-01038-10                                           20101100__
    1                        A bill to be entitled                      
    2         An act relating to unauthorized employment; amending
    3         s. 193.461, F.S.; requiring denial of agricultural
    4         classification and assessment of land for specified
    5         time periods under circumstances involving knowingly
    6         hiring, recruiting, or referring unauthorized aliens
    7         for employment; requiring alternative assessment for a
    8         specified time; amending s. 448.09, F.S.; providing an
    9         additional civil penalty for employment of
   10         unauthorized aliens; amending s. 570.07, F.S.;
   11         requiring the Department of Agriculture and Consumer
   12         Services to disseminate information concerning
   13         compliance with federal work authorization programs;
   14         providing a definition; creating s. 559.7915, F.S.;
   15         requiring information demonstrating compliance with
   16         the federal work authorization program as a condition
   17         of licensure, certification, or registration in
   18         specified professions and occupations; providing a
   19         definition; prohibiting a licenseholder,
   20         certificateholder, or applicant for licensure or
   21         certification from knowingly hiring, recruiting, or
   22         referring an unauthorized alien for employment;
   23         establishing grounds for disciplinary action by the
   24         Department of Business and Professional Regulation;
   25         providing penalties; providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 193.461, Florida Statutes, is amended to
   30  read:
   31         193.461 Agricultural lands; classification and assessment;
   32  mandated eradication or quarantine program; unauthorized
   33  employment prohibited; penalties.—
   34         (1) The property appraiser shall, on an annual basis,
   35  classify for assessment purposes all lands within the county as
   36  either agricultural or nonagricultural.
   37         (2) Any landowner whose land is denied agricultural
   38  classification by the property appraiser may appeal to the value
   39  adjustment board. The property appraiser shall notify the
   40  landowner in writing of the denial of agricultural
   41  classification on or before July 1 of the year for which the
   42  application was filed. The notification shall advise the
   43  landowner of his or her right to appeal to the value adjustment
   44  board and of the filing deadline. The board may also review all
   45  lands classified by the property appraiser upon its own motion.
   46  The property appraiser shall have available at his or her office
   47  a list by ownership of all applications received showing the
   48  acreage, the full valuation under s. 193.011, the valuation of
   49  the land under the provisions of this section, and whether or
   50  not the classification requested was granted.
   51         (3)(a) No lands shall be classified as agricultural lands
   52  unless a return is filed on or before March 1 of each year. The
   53  property appraiser, before so classifying such lands, may
   54  require the taxpayer or the taxpayer’s representative to furnish
   55  the property appraiser such information as may reasonably be
   56  required to establish that such lands were actually used for a
   57  bona fide agricultural purpose. Failure to make timely
   58  application by March 1 shall constitute a waiver for 1 year of
   59  the privilege herein granted for agricultural assessment.
   60  However, an applicant who is qualified to receive an
   61  agricultural classification who fails to file an application by
   62  March 1 may file an application for the classification and may
   63  file, pursuant to s. 194.011(3), a petition with the value
   64  adjustment board requesting that the classification be granted.
   65  The petition may be filed at any time during the taxable year on
   66  or before the 25th day following the mailing of the notice by
   67  the property appraiser as provided in s. 194.011(1).
   68  Notwithstanding the provisions of s. 194.013, the applicant must
   69  pay a nonrefundable fee of $15 upon filing the petition. Upon
   70  reviewing the petition, if the person is qualified to receive
   71  the classification and demonstrates particular extenuating
   72  circumstances judged by the property appraiser or the value
   73  adjustment board to warrant granting the classification, the
   74  property appraiser or the value adjustment board may grant the
   75  classification. The owner of land that was classified
   76  agricultural in the previous year and whose ownership or use has
   77  not changed may reapply on a short form as provided by the
   78  department. The lessee of property may make original application
   79  or reapply using the short form if the lease, or an affidavit
   80  executed by the owner, provides that the lessee is empowered to
   81  make application for the agricultural classification on behalf
   82  of the owner and a copy of the lease or affidavit accompanies
   83  the application. A county may, at the request of the property
   84  appraiser and by a majority vote of its governing body, waive
   85  the requirement that an annual application or statement be made
   86  for classification of property within the county after an
   87  initial application is made and the classification granted by
   88  the property appraiser. Such waiver may be revoked by a majority
   89  vote of the governing body of the county.
   90         (b) Subject to the restrictions set out in this section,
   91  only lands which are used primarily for bona fide agricultural
   92  purposes shall be classified agricultural. “Bona fide
   93  agricultural purposes” means good faith commercial agricultural
   94  use of the land. In determining whether the use of the land for
   95  agricultural purposes is bona fide, the following factors may be
   96  taken into consideration:
   97         1. The length of time the land has been so used.
   98         2. Whether the use has been continuous.
   99         3. The purchase price paid.
  100         4. Size, as it relates to specific agricultural use, but in
  101  no event shall a minimum acreage be required for agricultural
  102  assessment.
  103         5. Whether an indicated effort has been made to care
  104  sufficiently and adequately for the land in accordance with
  105  accepted commercial agricultural practices, including, without
  106  limitation, fertilizing, liming, tilling, mowing, reforesting,
  107  and other accepted agricultural practices.
  108         6. Whether such land is under lease and, if so, the
  109  effective length, terms, and conditions of the lease.
  110         7. Such other factors as may from time to time become
  111  applicable.
  112         (c) The maintenance of a dwelling on part of the lands used
  113  for agricultural purposes shall not in itself preclude an
  114  agricultural classification.
  115         (d) When property receiving an agricultural classification
  116  contains a residence under the same ownership, the portion of
  117  the property consisting of the residence and curtilage must be
  118  assessed separately, pursuant to s. 193.011, to qualify for the
  119  assessment limitation set forth in s. 193.155. The remaining
  120  property may be classified under the provisions of paragraphs
  121  (a) and (b).
  122         (e) Notwithstanding the provisions of paragraph (a), land
  123  that has received an agricultural classification from the value
  124  adjustment board or a court of competent jurisdiction pursuant
  125  to this section is entitled to receive such classification in
  126  any subsequent year until such agricultural use of the land is
  127  abandoned or discontinued, the land is diverted to a
  128  nonagricultural use, or the land is reclassified as
  129  nonagricultural pursuant to subsection (4). The property
  130  appraiser must, no later than January 31 of each year, provide
  131  notice to the owner of land that was classified agricultural in
  132  the previous year informing the owner of the requirements of
  133  this paragraph and requiring the owner to certify that neither
  134  the ownership nor the use of the land has changed. The
  135  department shall, by administrative rule, prescribe the form of
  136  the notice to be used by the property appraiser under this
  137  paragraph. If a county has waived the requirement that an annual
  138  application or statement be made for classification of property
  139  pursuant to paragraph (a), the county may, by a majority vote of
  140  its governing body, waive the notice and certification
  141  requirements of this paragraph and shall provide the property
  142  owner with the same notification provided to owners of land
  143  granted an agricultural classification by the property
  144  appraiser. Such waiver may be revoked by a majority vote of the
  145  county’s governing body. This paragraph does not apply to any
  146  property if the agricultural classification of that property is
  147  the subject of current litigation.
  148         (4)(a) The property appraiser shall reclassify the
  149  following lands as nonagricultural:
  150         1. Land diverted from an agricultural to a nonagricultural
  151  use.
  152         2. Land no longer being utilized for agricultural purposes.
  153         3. Land that has been zoned to a nonagricultural use at the
  154  request of the owner subsequent to the enactment of this law.
  155         (b) The board of county commissioners may also reclassify
  156  lands classified as agricultural to nonagricultural when there
  157  is contiguous urban or metropolitan development and the board of
  158  county commissioners finds that the continued use of such lands
  159  for agricultural purposes will act as a deterrent to the timely
  160  and orderly expansion of the community.
  161         (c) Sale of land for a purchase price which is three or
  162  more times the agricultural assessment placed on the land shall
  163  create a presumption that such land is not used primarily for
  164  bona fide agricultural purposes. Upon a showing of special
  165  circumstances by the landowner demonstrating that the land is to
  166  be continued in bona fide agriculture, this presumption may be
  167  rebutted.
  168         (5) For the purpose of this section, “agricultural
  169  purposes” includes, but is not limited to, horticulture;
  170  floriculture; viticulture; forestry; dairy; livestock; poultry;
  171  bee; pisciculture, when the land is used principally for the
  172  production of tropical fish; aquaculture; sod farming; and all
  173  forms of farm products and farm production.
  174         (6)(a) In years in which proper application for
  175  agricultural assessment has been made and granted pursuant to
  176  this section, the assessment of land shall be based solely on
  177  its agricultural use. The property appraiser shall consider the
  178  following use factors only:
  179         1. The quantity and size of the property;
  180         2. The condition of the property;
  181         3. The present market value of the property as agricultural
  182  land;
  183         4. The income produced by the property;
  184         5. The productivity of land in its present use;
  185         6. The economic merchantability of the agricultural
  186  product; and
  187         7. Such other agricultural factors as may from time to time
  188  become applicable, which are reflective of the standard present
  189  practices of agricultural use and production.
  190         (b) Notwithstanding any provision relating to annual
  191  assessment found in s. 192.042, the property appraiser shall
  192  rely on 5-year moving average data when utilizing the income
  193  methodology approach in an assessment of property used for
  194  agricultural purposes.
  195         (c)1. For purposes of the income methodology approach to
  196  assessment of property used for agricultural purposes,
  197  irrigation systems, including pumps and motors, physically
  198  attached to the land shall be considered a part of the average
  199  yields per acre and shall have no separately assessable
  200  contributory value.
  201         2. Litter containment structures located on producing
  202  poultry farms and animal waste nutrient containment structures
  203  located on producing dairy farms shall be assessed by the
  204  methodology described in subparagraph 1.
  205         (d) In years in which proper application for agricultural
  206  assessment has not been made, the land shall be assessed under
  207  the provisions of s. 193.011.
  208         (7) Lands classified for assessment purposes as
  209  agricultural lands which are taken out of production by any
  210  state or federal eradication or quarantine program shall
  211  continue to be classified as agricultural lands for the duration
  212  of such program or successor programs. Lands under these
  213  programs which are converted to fallow, or otherwise nonincome
  214  producing uses shall continue to be classified as agricultural
  215  lands and shall be assessed at a de minimis value of no more
  216  than $50 per acre, on a single year assessment methodology;
  217  however, lands converted to other income-producing agricultural
  218  uses permissible under such programs shall be assessed pursuant
  219  to this section. Land under a mandated eradication or quarantine
  220  program which is diverted from an agricultural to a
  221  nonagricultural use shall be assessed under s. 193.011.
  222         (8)(a)Lands may not be classified as agricultural lands
  223  for the length of time specified in paragraph (b) if the
  224  landowner has been determined to have violated any federal
  225  immigration law by knowingly hiring, recruiting, or referring
  226  for herself or himself or on behalf of another, for private or
  227  public employment within the state, whether through direct
  228  employment or through a contractor or subcontractor, a person
  229  who is not authorized to work as determined by the federal
  230  immigration laws or the Attorney General of the United States.
  231         (b)If the appraiser determines that the landowner applying
  232  under this section meets the conditions specified in paragraph
  233  (a), the appraiser shall deny the application for classification
  234  assessment as agricultural property by the landowner for the
  235  lengths of time for conditions as follows:
  236         1.A minimum period of 2 years for a violation involving
  237  the employment of five or fewer persons who are not authorized
  238  to work by the federal immigration laws or the Attorney General
  239  of the United States.
  240         2.A period of 5 years for a violation involving the
  241  employment of 6 to 10 persons who are not authorized to work by
  242  the federal immigration laws or the Attorney General of the
  243  United States.
  244         3.A period of 10 years for a violation involving the
  245  unauthorized employment of more than 10 persons who are not
  246  authorized to work by the federal immigration laws or the
  247  Attorney General of the United States.
  248         (c)For the years that the land is not assessed as
  249  agricultural pursuant to this section, it shall be assessed
  250  under s. 193.011.
  251         Section 2. Subsection (4) is added to section 448.09,
  252  Florida Statutes, to read:
  253         448.09 Unauthorized aliens; employment prohibited.—
  254         (4)In addition to any penalty specified in s. 193.461(8),
  255  a landowner is also subject to a civil fine of $25,000 for the
  256  employment of each person who is not authorized to work by the
  257  federal immigration laws or the Attorney General of the United
  258  States.
  259         Section 3. Subsection (42) is added to section 570.07,
  260  Florida Statutes, to read:
  261         570.07 Department of Agriculture and Consumer Services;
  262  functions, powers, and duties.—The department shall have and
  263  exercise the following functions, powers, and duties:
  264         (42)To provide information for dissemination to all
  265  persons who are served by or regulated by the department in its
  266  various agricultural capacities in order to foster and encourage
  267  compliance with federal work authorization programs. This
  268  information shall include the need for compliance both as it
  269  relates to those directly employed by those persons and as it
  270  relates to those employed by contractors and subcontractors. For
  271  purposes of this subsection, the term “federal work
  272  authorization program” means any program operated by the United
  273  States Department of Homeland Security which provides electronic
  274  verification of work authorization issued by the United States
  275  Bureau of Citizenship and Immigration Services or any equivalent
  276  federal work authorization program operated by the United States
  277  Department of Homeland Security which provides for the
  278  verification of information regarding newly hired employees
  279  under the Immigration Reform and Control Act of 1986, Pub. L.
  280  No. 99-603.
  281         Section 4. Section 559.7915, Florida Statutes, is created
  282  to read:
  283         559.7915Compliance with federal work authorization
  284  program; information required for licensure, certification, or
  285  registration; unauthorized employment prohibited; penalties.—
  286         (1)(a)As a condition of licensure, certification, or
  287  registration or renewal of a license, certification, or
  288  registration under part III of chapter 450, part I of chapter
  289  489, part I of chapter 509, chapter 563, chapter 564, or chapter
  290  565, if that person is also applying for or possesses a license
  291  under part I of chapter 509, a person applying for a license,
  292  certification, or registration shall ensure compliance with the
  293  federal work authorization program regarding all employees and
  294  shall ensure that any contractors and subcontractors providing
  295  services to the applicant register and participate in the
  296  federal work authorization program. Proof of compliance shall be
  297  by certification by the applicant for all employees and by
  298  certification to the applicant by any contractor or
  299  subcontractor that the contractor or subcontractor is in
  300  compliance.
  301         (b)For purpose of this subsection, the term “federal work
  302  authorization program” means any program operated by the United
  303  States Department of Homeland Security which provides electronic
  304  verification of work authorization issued by the United States
  305  Bureau of Citizenship and Immigration Services or any equivalent
  306  federal work authorization program operated by the United States
  307  Department of Homeland Security which provides for the
  308  verification of information regarding newly hired employees
  309  under the Immigration Reform and Control Act of 1986, Pub. L.
  310  No. 99-603.
  311         (2)A person applying for a license, certification, or
  312  registration or for renewal of a license, certification, or
  313  registration, or a person possessing a license, certification,
  314  or registration under the provisions of law cited in subsection
  315  (1), who has been determined to have violated any provision of
  316  the federal immigration law by knowingly hiring, recruiting, or
  317  referring for herself or himself or on behalf of another, for
  318  private or public employment within the state, a person who is
  319  not authorized to work by the federal immigration laws or by the
  320  United States Attorney General constitutes grounds for which the
  321  disciplinary actions specified in subsection (3) may be taken.
  322         (3)When the board, or the department when there is no
  323  board, determines that a person applying for or possessing a
  324  license, certification, or registration has been determined to
  325  meet the conditions specified in subsection (2), it shall enter
  326  an order imposing one of the penalties in paragraphs (a)-(d) and
  327  imposing the fine in paragraph (e) for penalties imposed under
  328  paragraphs (b), (c), or (d):
  329         (a)Denial of application for initial or renewal of a
  330  license, certification, or registration.
  331         (b)Suspension of a license, certification, or registration
  332  for a minimum of 2 years for a violation involving the
  333  employment of five or fewer persons who are not authorized to
  334  work by the federal immigration laws or by the Attorney General
  335  of the United States.
  336         (c)Suspension of a license, certification, or registration
  337  for 5 years for a violation involving the employment of 6 to 10
  338  persons who are not authorized to work by the federal
  339  immigration laws or by the Attorney General of the United
  340  States.
  341         (d)Revocation of a license, certification, or registration
  342  for a violation involving the unauthorized employment of more
  343  than 10 persons who are not authorized to work by the federal
  344  immigration laws or by the Attorney General of the United
  345  States.
  346         (e)Imposition of an administrative fine of $25,000 for
  347  each person who is not authorized to work by the federal
  348  immigration laws or by the Attorney General of the United
  349  States.
  350         Section 5. This act shall take effect January 1, 2011.

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