November 20, 2019
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       Florida Senate - 2010                                    SB 1880
       
       
       
       By Senator Detert
       
       
       
       
       23-00550-10                                           20101880__
    1                        A bill to be entitled                      
    2         An act relating to enforcement of immigration laws;
    3         providing a short title; creating s. 287.0575, F.S.;
    4         providing definitions; prohibiting agencies from
    5         entering into a contract for contractual services with
    6         contractors not registered and participating in a
    7         federal work authorization program by a specified
    8         date; providing procedures and requirements with
    9         respect to the registration of contractors and
   10         subcontractors; providing for enforcement; providing a
   11         schedule for phased compliance; requiring the
   12         Department of Management Services to adopt rules;
   13         creating s. 337.163, F.S.; providing definitions;
   14         prohibiting the Department of Transportation from
   15         entering into a contract for contractual services with
   16         contractors not registered and participating in a
   17         federal work authorization program by a specified
   18         date; providing procedures and requirements with
   19         respect to the registration of contractors and
   20         subcontractors; providing for enforcement; providing a
   21         schedule for phased compliance; requiring the
   22         department to adopt rules; amending s. 943.0311, F.S.;
   23         requiring the Chief of Domestic Security to negotiate
   24         the terms of a memorandum of understanding between the
   25         state and certain Federal Government entities
   26         concerning the enforcement of federal immigration and
   27         customs laws, the detention and removal of individuals
   28         not lawfully present in the United States,
   29         investigations related to illegal immigration in the
   30         state, the establishment of specified law enforcement
   31         training standards, and the creation of specified law
   32         enforcement training programs; providing for the
   33         establishment of law enforcement training standards
   34         and the creation of training programs contingent upon
   35         federal funding; providing that law enforcement
   36         officers trained in accordance with such standards are
   37         authorized to enforce federal immigration and customs
   38         laws while performing within the scope of their
   39         authorized duties; creating s. 951.30, F.S.; providing
   40         requirements and procedures with respect to the
   41         determination of lawful immigration status of persons
   42         charged with a crime and confined to a county or
   43         municipal detention facility; providing construction;
   44         requiring the Florida Sheriffs Association to prepare
   45         and issue specified guidelines and procedures;
   46         creating part IV of ch. 23, F.S.; requiring agencies
   47         to verify the lawful presence in the United States of
   48         any natural person 18 years of age or older who has
   49         applied for state or local public benefits, or for
   50         federal public benefits, that are administered by an
   51         agency by a specified date; providing for enforcement;
   52         providing exceptions; requiring the Board of Governors
   53         of the State University System to set forth policies
   54         regarding postsecondary education benefits; providing
   55         procedures and requirements with respect to
   56         verification of lawful presence in the United States
   57         by an agency; providing a penalty for knowingly and
   58         willfully making a false, fictitious, or fraudulent
   59         statement or representation in an affidavit attesting
   60         to citizenship or permanent legal residency; providing
   61         procedure with respect to verification of eligibility
   62         for benefits; prohibiting any agency from providing
   63         any state, local, or federal benefit in violation of
   64         the requirements of the section; providing for
   65         specified annual reports; providing effective dates.
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. This act may be cited as the “Florida Security
   70  and Immigration Compliance Act.”
   71         Section 2. Section 287.0575, Florida Statutes, is created
   72  to read:
   73         287.0575 Compliance with federal work authorization
   74  programs.—
   75         (1) As used in this section, the term:
   76         (a) “Federal work authorization program” means any program
   77  operated by the United States Department of Homeland Security
   78  that provides electronic verification of work authorization
   79  issued by the United States Citizenship and Immigration Services
   80  or any equivalent federal work authorization program operated by
   81  the United States Department of Homeland Security that provides
   82  for the verification of information regarding newly hired
   83  employees under the Immigration Reform and Control Act of 1986,
   84  Pub. L. No. 99-603.
   85         (b) “Subcontractor” means a person who enters into a
   86  contract with a contractor for the performance of any part of
   87  such contractor’s contract.
   88         (2) An agency may not enter into a contract under s.
   89  287.057 for contractual services unless the contractor registers
   90  and participates in a federal work authorization program.
   91         (3) A contractor who receives a contract award under s.
   92  287.057 for contractual services may not execute a contract,
   93  purchase order, or subcontract in connection with the award
   94  unless the contractor and all subcontractors providing services
   95  for the contractor register and participate in a federal work
   96  authorization program. The contractor shall certify in writing
   97  to the agency that it is in compliance with this subsection.
   98         (4) A contractor shall ensure that each subcontractor
   99  providing services for the contractor registers and participates
  100  in a federal work authorization program. Each subcontractor
  101  shall certify in writing to the contractor that it is in
  102  compliance with this subsection.
  103         (5) Subsections (2), (3), and (4) shall apply as follows:
  104         (a) On or after July 1, 2011, with respect to contractors
  105  or subcontractors employing 500 or more employees.
  106         (b) On or after July 1, 2012, with respect to contractors
  107  or subcontractors employing 100 or more employees.
  108         (c) On or after July 1, 2013, with respect to all
  109  contractors or subcontractors.
  110         (6) This section shall be enforced without regard to race,
  111  religion, gender, ethnicity, or national origin.
  112         (7) The department shall adopt rules deemed necessary to
  113  administer this section, including prescribing forms.
  114         Section 3. Section 337.163, Florida Statutes, is created to
  115  read:
  116         337.163 Compliance with federal work authorization
  117  program.—
  118         (1) As used in this section, the term:
  119         (a) “Federal work authorization program” means any program
  120  operated by the United States Department of Homeland Security
  121  that provides electronic verification of work authorization
  122  issued by the United States Citizenship and Immigration Services
  123  or any equivalent federal work authorization program operated by
  124  the United States Department of Homeland Security that provides
  125  for the verification of information regarding newly hired
  126  employees under the Immigration Reform and Control Act of 1986,
  127  Pub. L. No. 99-603.
  128         (b) “Subcontractor” means a person who enters into a
  129  contract with a contractor for the performance of any part of
  130  such contractor’s contract.
  131         (2) The department may not enter into a contract under this
  132  chapter for contractual services unless the contractor registers
  133  and participates in a federal work authorization program.
  134         (3) A contractor who receives a contract award under this
  135  chapter for contractual services may not execute a contract,
  136  purchase order, or subcontract in connection with the award
  137  unless the contractor and all subcontractors providing services
  138  for the contractor register and participate in a federal work
  139  authorization program. The contractor shall certify in writing
  140  to the department that it is in compliance with this subsection.
  141         (4) A contractor shall ensure that each subcontractor
  142  providing services for the contractor registers and participates
  143  in a federal work authorization program. Each subcontractor
  144  shall certify in writing to the contractor that it is in
  145  compliance with this subsection.
  146         (5) Subsections (2), (3), and (4) shall apply as follows:
  147         (a) On or after July 1, 2011, with respect to contractors
  148  or subcontractors employing 500 or more employees.
  149         (b) On or after July 1, 2012, with respect to contractors
  150  or subcontractors employing 100 or more employees.
  151         (c) On or after July 1, 2013, with respect to all
  152  contractors or subcontractors.
  153         (6) This section shall be enforced without regard to race,
  154  religion, gender, ethnicity, or national origin.
  155         (7) The department shall adopt rules deemed necessary to
  156  administer this section, including prescribing forms.
  157         Section 4. Subsection (8) is added to section 943.0311,
  158  Florida Statutes, and, effective if funding under the federal
  159  Homeland Security Appropriation Act of 2010 or any subsequent
  160  source of federal funding is provided to fund the provisions of
  161  the subsection, subsection (9) is added to that section, to
  162  read:
  163         943.0311 Chief of Domestic Security; duties of the
  164  department with respect to domestic security.—
  165         (8)(a) The Chief of Domestic Security shall negotiate the
  166  terms of a memorandum of understanding between the State of
  167  Florida and the United States Department of Justice or the
  168  United States Department of Homeland Security concerning:
  169         1. The enforcement of federal immigration and customs laws.
  170         2. The detention and removal of individuals not lawfully
  171  present in the United States.
  172         3. Investigations related to illegal immigration in the
  173  state.
  174         4. The establishment of law enforcement training standards
  175  and the creation of law enforcement training programs as
  176  provided in subsection (9).
  177         (b) The memorandum of understanding shall be signed on
  178  behalf of the state by the Chief of Domestic Security and the
  179  Governor, or as otherwise required by the appropriate federal
  180  agency.
  181         (9)(a) Contingent upon funding in the federal Homeland
  182  Security Appropriation Act of 2010 or any subsequent source of
  183  federal funding, the Chief of Domestic Security shall work with
  184  the regional domestic security task forces and the various state
  185  entities responsible for establishing training standards
  186  applicable to law enforcement officers to establish training
  187  standards and create training programs the purpose of which is
  188  to enhance the ability of law enforcement officers to enforce
  189  federal immigration and customs laws while performing within the
  190  scope of their authorized duties.
  191         (b) A law enforcement officer, as defined in s. 943.10, who
  192  is trained in accordance with the standards established pursuant
  193  to this subsection is authorized to enforce federal immigration
  194  and customs laws while performing within the scope of his or her
  195  authorized duties.
  196         Section 5. Section 951.30, Florida Statutes, is created to
  197  read:
  198         951.30 County and municipal detention facilities;
  199  determination of lawful immigration status.—
  200         (1) If the lawful immigration status of any person who is
  201  charged with a crime and confined to a county or municipal
  202  detention facility for any period of time cannot be verified
  203  from documents in the possession of the county or municipal
  204  prisoner or after a reasonable effort on the part of law
  205  enforcement officials, such verification shall be made within 48
  206  hours through a query to the Law Enforcement Support Center
  207  (LESC) of the United States Department of Homeland Security or
  208  other office or agency designated for that purpose by the United
  209  States Department of Homeland Security. If it is determined that
  210  a county or municipal prisoner is in the United States
  211  unlawfully, the law enforcement agency shall notify the United
  212  States Department of Homeland Security.
  213         (2) Nothing in this section shall be construed to deny bond
  214  to a person who is charged with a crime and confined to a county
  215  or municipal detention facility or prevent such person from
  216  being released from confinement if such person is otherwise
  217  eligible for release.
  218         (3) The Florida Sheriffs Association shall prepare and
  219  issue guidelines and procedures for compliance with the
  220  provisions of this section.
  221         Section 6. Part IV of chapter 23, Florida Statutes,
  222  consisting of section 23.40, is created to read:
  223                               PART IV                             
  224              AGENCY ADMINISTRATION OF PUBLIC BENEFITS             
  225         23.40 Agency administration of public benefits;
  226  verification of lawful status.—
  227         (1) Except as provided in subsection (3) or where exempted
  228  by federal law, no later than July 1, 2011, every agency, as
  229  defined in s. 20.03, shall verify the lawful presence in the
  230  United States of any natural person 18 years of age or older who
  231  has applied for state or local public benefits, as defined in 8
  232  U.S.C. s. 1621, or for federal public benefits, as defined in 8
  233  U.S.C. s. 1611, that are administered by the agency.
  234         (2) This section shall be enforced without regard to race,
  235  religion, gender, ethnicity, or national origin.
  236         (3) Verification of an individual’s lawful presence in the
  237  United States under this section shall not be required for:
  238         (a) Any purpose for which lawful presence in the United
  239  States is not required by law, ordinance, or regulation;
  240         (b) Assistance for health care items and services that are
  241  necessary for the treatment of an emergency medical condition,
  242  as defined in 42 U.S.C. s. 1396b(v)(3), of the alien involved
  243  and are not related to an organ transplant procedure;
  244         (c) Short-term, non-cash, in-kind emergency disaster
  245  relief;
  246         (d) Public health assistance for immunizations with respect
  247  to immunizable diseases and for testing and treatment of
  248  symptoms of communicable diseases whether or not such symptoms
  249  are caused by a communicable disease;
  250         (e) Programs, services, or assistance such as soup
  251  kitchens, crisis counseling and intervention, and short-term
  252  shelter specified by the United States Attorney General, in the
  253  United States Attorney General’s sole and unreviewable
  254  discretion after consultation with appropriate federal agencies
  255  and departments, which:
  256         1. Deliver in-kind services at the community level,
  257  including through public or private nonprofit agencies;
  258         2. Do not condition the provision of assistance, the amount
  259  of assistance provided, or the cost of assistance provided on
  260  the individual recipient’s income or resources; and
  261         3. Are necessary for the protection of life or safety;
  262         (f) Prenatal care; or
  263         (g) Postsecondary education.
  264         (4) The Board of Governors of the State University System
  265  shall set forth, or cause to be set forth, policies regarding
  266  postsecondary education benefits that comply with all applicable
  267  federal laws, including, but not limited to, those governing
  268  ineligibility for public benefits as described in 8 U.S.C. s.
  269  1611, s. 1621, or s. 1623.
  270         (5)(a) Verification of lawful presence in the United States
  271  by the agency or political subdivision required to make such
  272  verification shall occur as follows:
  273         1. The applicant for benefits must execute an affidavit
  274  stating that he or she is a United States citizen or a permanent
  275  legal resident of the United States and is 18 years of age or
  276  older; or
  277         2. The applicant for benefits must execute an affidavit
  278  stating that he or she is a qualified alien or nonimmigrant
  279  under the federal Immigration and Nationality Act, is 18 years
  280  of age or older, and is lawfully present in the United States.
  281         (b) Any person who knowingly and willfully makes a false,
  282  fictitious, or fraudulent statement or representation in an
  283  affidavit executed pursuant to paragraph (a) commits a
  284  misdemeanor of the first degree, punishable as provided in s.
  285  775.082 or s. 775.083.
  286         (6) For any applicant who has executed an affidavit
  287  attesting to the fact that he or she is an alien lawfully
  288  present in the United States, verification of an applicant’s
  289  immigration status shall be made through the Systematic Alien
  290  Verification for Entitlements Program (SAVE) established by the
  291  United States Citizenship and Immigration Services or a
  292  successor program designated by the United States Department of
  293  Homeland Security. Until such verification of eligibility is
  294  made, the affidavit may be presumed to be proof of lawful
  295  presence in the United States for the purposes of this section.
  296         (7) In carrying out the provisions of this section,
  297  agencies shall endeavor to improve efficiency, reduce delay in
  298  the verification process, and provide for the expedient
  299  resolution of unique individual circumstances where verification
  300  procedures would impose an unusual hardship on a legal resident
  301  of the state.
  302         (8)(a) No agency shall provide any state, local, or federal
  303  benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in violation
  304  of this section.
  305         (b) Each state agency or department that administers any
  306  program of state or local public benefits shall compile an
  307  annual report with respect to its compliance with this section.
  308         (9) Any and all errors and significant delays by the
  309  Systematic Alien Verification for Entitlements Program shall be
  310  reported to the United States Department of Homeland Security
  311  and to the Secretary of State, who will monitor the program and
  312  its verification application errors and significant delays and
  313  report annually on such errors and significant delays to ensure
  314  that the application of the program is not wrongfully denying
  315  benefits to legal residents of the state.
  316         (10) Notwithstanding subsection (5), any applicant for
  317  federal benefits as defined in 8 U.S.C. s. 1611 or state or
  318  local benefits as defined in 8 U.S.C. s. 1621 shall not be
  319  guilty of any crime for executing an affidavit attesting to
  320  lawful presence in the United States that contains a false
  321  statement if such affidavit is not required by this section.
  322         Section 7. Except as otherwise expressly provided in this
  323  act, this act shall take effect July 1, 2010.

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