Bill Text: FL H0271 | 2011 | Regular Session | Introduced

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Bill Title: Enforcement of Immigration Laws

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-28 - Withdrawn prior to introduction -HJ 29 [H0271 Detail]

Download: Florida-2011-H0271-Introduced.html

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HB 271

1	A bill to be entitled
2	An act relating to the enforcement of immigration laws;
3	providing a short title; creating s. 287.0576, F.S.;
4	providing definitions; prohibiting agencies from entering
5	into a contract for contractual services with contractors
6	that are not registered and participating by a specified
7	date in a federal work-authorization program; providing
8	procedures and requirements with respect to the
9	registration of contractors and subcontractors; providing
10	for enforcement; providing a schedule for phased
11	compliance; requiring the Department of Management
12	Services to adopt rules; creating s. 337.163, F.S.;
13	providing definitions; prohibiting the Department of
14	Transportation from entering into a contract for
15	contractual services with contractors that are not
16	registered and participating by a specified date in a
17	federal work-authorization program; providing procedures
18	and requirements with respect to the registration of
19	contractors and subcontractors; providing for enforcement;
20	providing a schedule for phased compliance; requiring the
21	department to adopt rules; amending s. 943.0311, F.S.;
22	requiring the Chief of Domestic Security to negotiate the
23	terms of a memorandum of understanding between the state
24	and certain Federal Government entities concerning the
25	enforcement of federal immigration and customs laws, the
26	detention and removal of individuals not lawfully present
27	in the United States, investigations related to illegal
28	immigration in the state, and the establishment of
29	specified training standards and the creation of specified
30	training programs for law enforcement officers; providing
31	that the establishment of training standards and the
32	creation of training programs is contingent upon federal
33	funding; providing that law enforcement officers trained
34	in accordance with such standards are authorized to
35	enforce federal immigration and customs laws while
36	performing within the scope of their authorized duties;
37	creating s. 951.30, F.S.; providing requirements and
38	procedures with respect to the determination of lawful
39	immigration status of persons charged with a crime and
40	confined to a county or municipal detention facility;
41	providing for construction; requiring the Florida Sheriffs
42	Association to prepare and issue specified guidelines and
43	procedures; creating part IV of ch. 23, F.S.; requiring
44	agencies to verify by a specified date the lawful presence
45	in the United States of any natural person 18 years of age
46	or older who has applied for state or local public
47	benefits, or for federal public benefits, which are
48	administered by the agency; providing for enforcement;
49	providing exceptions; requiring the Board of Governors of
50	the State University System to set forth policies
51	regarding postsecondary education benefits; providing
52	procedures and requirements with respect to verification
53	by an agency of an individual's lawful presence in the
54	United States; providing a penalty for knowingly and
55	willfully making a false, fictitious, or fraudulent
56	statement or representation in an affidavit attesting to
57	citizenship or permanent legal residency; providing
58	procedures with respect to verification of eligibility for
59	benefits; prohibiting an agency from providing any state,
60	local, or federal benefit in violation of the requirements
61	of the act; providing for specified annual reports;
62	clarifying that certain attestations do not constitute a
63	crime; providing an effective date.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  This act may be cited as the "Florida Security
68	and Immigration Compliance Act."
69	Section 2.  Section 287.0576, Florida Statutes, is created
70	to read:
71	287.0576  Compliance with federal work-authorization
72	programs.-
73	(1)  As used in this section, the term:
74	(a)  "Federal work-authorization program" means any program
75	operated by the United States Department of Homeland Security
76	which provides electronic verification of work authorization
77	issued by the United States Citizenship and Immigration Services
78	or any equivalent federal work-authorization program operated by
79	the United States Department of Homeland Security which provides
80	for the verification of information regarding newly hired
81	employees under the Immigration Reform and Control Act of 1986,
82	Pub. L. No. 99-603.
83	(b)  "Subcontractor" means a person who enters into a
84	contract with a contractor for the performance of any part of
85	such contractor's contract.
86	(2)  An agency may not enter into a contract under s.
87	287.057 for contractual services unless the contractor registers
88	and participates in a federal work-authorization program.
89	(3)  A contractor who receives a contract award under s.
90	287.057 for contractual services may not execute a contract,
91	purchase order, or subcontract in connection with the award
92	unless the contractor and all subcontractors providing services
93	for the contractor register and participate in a federal work-
94	authorization program. The contractor shall certify in writing
95	to the agency that it is in compliance with this subsection.
96	(4)  A contractor shall ensure that each subcontractor
97	providing services for the contractor registers and participates
98	in a federal work-authorization program. Each subcontractor
99	shall certify in writing to the contractor that it is in
100	compliance with this subsection.
101	(5)  Subsections (2), (3), and (4) apply as follows:
102	(a)  On or after July 1, 2012, with respect to contractors
103	or subcontractors employing 500 or more employees.
104	(b)  On or after July 1, 2013, with respect to contractors
105	or subcontractors employing 100 or more employees.
106	(c)  On or after July 1, 2014, with respect to all
107	contractors or subcontractors.
108	(6)  This section shall be enforced without regard to race,
109	religion, gender, ethnicity, or national origin.
110	(7)  The department shall adopt rules deemed necessary to
111	administer this section, including prescribing forms.
112	Section 3.  Section 337.163, Florida Statutes, is created
113	to read:
114	337.163  Compliance with federal work-authorization
115	program.-
116	(1)  As used in this section, the term:
117	(a)  "Federal work-authorization program" means any program
118	operated by the United States Department of Homeland Security
119	which provides electronic verification of work authorization
120	issued by the United States Citizenship and Immigration Services
121	or any equivalent federal work-authorization program operated by
122	the United States Department of Homeland Security which provides
123	for the verification of information regarding newly hired
124	employees under the Immigration Reform and Control Act of 1986,
125	Pub. L. No. 99-603.
126	(b)  "Subcontractor" means a person who enters into a
127	contract with a contractor for the performance of any part of
128	such contractor's contract.
129	(2)  The department may not enter into a contract under
130	this chapter for contractual services unless the contractor
131	registers and participates in a federal work-authorization
132	program.
133	(3)  A contractor who receives a contract award under this
134	chapter for contractual services may not execute a contract,
135	purchase order, or subcontract in connection with the award
136	unless the contractor and all subcontractors providing services
137	for the contractor register and participate in a federal work-
138	authorization program. The contractor shall certify in writing
139	to the department that it is in compliance with this subsection.
140	(4)  A contractor shall ensure that each subcontractor
141	providing services for the contractor registers and participates
142	in a federal work-authorization program. Each subcontractor
143	shall certify in writing to the contractor that it is in
144	compliance with this subsection.
145	(5)  Subsections (2), (3), and (4) apply as follows:
146	(a)  On or after July 1, 2012, with respect to contractors
147	or subcontractors employing 500 or more employees.
148	(b)  On or after July 1, 2013, with respect to contractors
149	or subcontractors employing 100 or more employees.
150	(c)  On or after July 1, 2014, with respect to all
151	contractors or subcontractors.
152	(6)  This section shall be enforced without regard to race,
153	religion, gender, ethnicity, or national origin.
154	(7)  The department shall adopt rules deemed necessary to
155	administer this section, including prescribing forms.
156	Section 4.  Subsection (8) is added to section 943.0311,
157	Florida Statutes, and, effective if funding under the federal
158	Homeland Security Appropriation Act of 2010 or any subsequent
159	source of federal funding is provided to fund the provisions of
160	the subsection, subsection (9) is added to that section, to
161	read:
162	943.0311  Chief of Domestic Security; duties of the
163	department with respect to domestic security.-
164	(8)(a)  The Chief of Domestic Security shall negotiate the
165	terms of a memorandum of understanding between the State of
166	Florida and the United States Department of Justice or the
167	United States Department of Homeland Security concerning:
168	1.  The enforcement of federal immigration and customs
169	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 training standards and the
175	creation of training programs for law enforcement officers 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 that enhance the ability
188	of law enforcement officers to enforce federal immigration and
189	customs laws while performing within the scope of their
190	authorized duties.
191	(b)  A law enforcement officer, as defined in s. 943.10,
192	who is trained in accordance with the standards established
193	pursuant to this subsection is authorized to enforce federal
194	immigration and customs laws while performing within the scope
195	of his or her 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 of
207	the United States Department of Homeland Security or other
208	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)  This section does not deny bond to a person who is
214	charged with a crime and confined to a county or municipal
215	detention facility or prevent the person from being released
216	from confinement if the person is otherwise eligible for
217	release.
218	(3)  The Florida Sheriffs Association shall prepare and
219	issue guidelines and procedures for compliance with this
220	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, 2012, each 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, which 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 is not required for:
238	(a)  Any purpose for which lawful presence in the United
239	States is not required by law, ordinance, rule, 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 individual
243	involved and that are not related to an organ-transplant
244	procedure;
245	(c)  Short-term, noncash, and in-kind emergency disaster
246	relief;
247	(d)  Public health assistance for immunizations with
248	respect to immunizable diseases and for testing and treatment of
249	symptoms of communicable diseases whether or not such symptoms
250	are caused by a communicable disease;
251	(e)  Programs, services, or assistance, such as soup
252	kitchens, crisis counseling and intervention, and short-term
253	shelter specified by the United States Attorney General in his
254	or her sole and unreviewable discretion after consultation with
255	appropriate federal agencies and departments, which:
256	1.  Deliver in-kind services at the community level,
257	including services provided through public or private nonprofit
258	agencies;
259	2.  Do not condition the provision of assistance, the
260	amount of assistance provided, or the cost of assistance
261	provided on the individual recipient's income or resources; and
262	3.  Are necessary for the protection of life or safety;
263	(f)  Prenatal care; or
264	(g)  Postsecondary education.
265	(4)  The Board of Governors of the State University System
266	shall set forth, or cause to be set forth, policies regarding
267	postsecondary education benefits that comply with all applicable
268	federal laws, including, but not limited to, those governing
269	ineligibility for public benefits as described in 8 U.S.C. s.
270	1611, s. 1621, or s. 1623.
271	(5)(a)  Verification of an individual's lawful presence in
272	the United States by an agency that is required to make such
273	verification shall occur as follows:
274	1.  The applicant for benefits must execute an affidavit
275	stating that he or she is a United States citizen or a permanent
276	legal resident of the United States and is 18 years of age or
277	older; or
278	2.  The applicant for benefits must execute an affidavit
279	stating that he or she is a qualified alien or nonimmigrant
280	under the federal Immigration and Nationality Act, is 18 years
281	of age or older, and is lawfully present in the United States.
282	(b)  Any person who knowingly and willfully makes a false,
283	fictitious, or fraudulent statement or representation in an
284	affidavit executed pursuant to paragraph (a) commits a
285	misdemeanor of the first degree, punishable as provided in s.
286	775.082 or s. 775.083.
287	(6)  For any applicant who has executed an affidavit
288	attesting to the fact that he or she is an alien who is lawfully
289	present in the United States, verification of the applicant's
290	immigration status shall be made through the Systematic Alien
291	Verification for Entitlements Program established by the United
292	States Citizenship and Immigration Services or a successor
293	program designated by the United States Department of Homeland
294	Security. Until such verification of eligibility is made, the
295	affidavit may be presumed to be proof of lawful presence in the
296	United States for the purposes of this section.
297	(7)  In carrying out this section, each agency shall
298	endeavor to improve efficiency, reduce delay in the verification
299	process, and provide for the expedient resolution of unique
300	individual circumstances where verification procedures would
301	impose an unusual hardship on a legal resident of the state.
302	(8)(a)  An agency may not provide any state, local, or
303	federal benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in
304	violation of this section.
305	(b)  Each agency that administers any program of state or
306	local public benefits shall compile an annual report with
307	respect to its compliance with this section.
308	(9)  All errors and significant delays by the Systematic
309	Alien Verification for Entitlements Program shall be reported to
310	the United States Department of Homeland Security and to the
311	Secretary of State, and each agency shall monitor the program
312	and report annually on errors and significant delays in the
313	verification process in order to ensure that the application of
314	the program is not wrongfully denying benefits to legal
315	residents of the state.
316	(10)  Notwithstanding subsection (5), it is not a crime for
317	an applicant for federal benefits, as defined in 8 U.S.C. s.
318	1611, or for state or local benefits, as defined in 8 U.S.C. s.
319	1621, to execute an affidavit that attests to his or her lawful
320	presence in the United States and that contains a false
321	statement if the 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, 2011.

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