Florida Senate - 2011 SB 230 By Senator Detert 23-00159-11 2011230__ 1 A bill to be entitled 2 An act relating to the enforcement of immigration 3 laws; providing a short title; creating s. 287.0576, 4 F.S.; providing definitions; prohibiting agencies from 5 entering into a contract for contractual services with 6 contractors that are not registered and participating 7 by a specified date in a federal work-authorization 8 program; 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 that are not registered and participating 17 by a specified date in a federal work-authorization 18 program; 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, and the establishment of specified training 31 standards and the creation of specified training 32 programs for law enforcement officers; providing that 33 the establishment of training standards and the 34 creation of training programs is 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 for 44 construction; requiring the Florida Sheriffs 45 Association to prepare and issue specified guidelines 46 and procedures; creating part IV of ch. 23, F.S.; 47 requiring agencies to verify by a specified date the 48 lawful presence in the United States of any natural 49 person 18 years of age or older who has applied for 50 state or local public benefits, or for federal public 51 benefits, which are administered by the agency; 52 providing for enforcement; providing exceptions; 53 requiring the Board of Governors of the State 54 University System to set forth policies regarding 55 postsecondary education benefits; providing procedures 56 and requirements with respect to verification by an 57 agency of an individual’s lawful presence in the 58 United States; providing a penalty for knowingly and 59 willfully making a false, fictitious, or fraudulent 60 statement or representation in an affidavit attesting 61 to citizenship or permanent legal residency; providing 62 procedures with respect to verification of eligibility 63 for benefits; prohibiting an agency from providing any 64 state, local, or federal benefit in violation of the 65 requirements of the act; providing for specified 66 annual reports; clarifying that certain attestations 67 do not constitute a crime; providing an effective 68 date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. This act may be cited as the “Florida Security 73 and Immigration Compliance Act.” 74 Section 2. Section 287.0576, Florida Statutes, is created 75 to read: 76 287.0576 Compliance with federal work-authorization 77 programs.— 78 (1) As used in this section, the term: 79 (a) “Federal work-authorization program” means any program 80 operated by the United States Department of Homeland Security 81 which provides electronic verification of work authorization 82 issued by the United States Citizenship and Immigration Services 83 or any equivalent federal work-authorization program operated by 84 the United States Department of Homeland Security which provides 85 for the verification of information regarding newly hired 86 employees under the Immigration Reform and Control Act of 1986, 87 Pub. L. No. 99-603. 88 (b) “Subcontractor” means a person who enters into a 89 contract with a contractor for the performance of any part of 90 such contractor’s contract. 91 (2) An agency may not enter into a contract under s. 92 287.057 for contractual services unless the contractor registers 93 and participates in a federal work-authorization program. 94 (3) A contractor who receives a contract award under s. 95 287.057 for contractual services may not execute a contract, 96 purchase order, or subcontract in connection with the award 97 unless the contractor and all subcontractors providing services 98 for the contractor register and participate in a federal work 99 authorization program. The contractor shall certify in writing 100 to the agency that it is in compliance with this subsection. 101 (4) A contractor shall ensure that each subcontractor 102 providing services for the contractor registers and participates 103 in a federal work-authorization program. Each subcontractor 104 shall certify in writing to the contractor that it is in 105 compliance with this subsection. 106 (5) Subsections (2), (3), and (4) apply as follows: 107 (a) On or after July 1, 2012, with respect to contractors 108 or subcontractors employing 500 or more employees. 109 (b) On or after July 1, 2013, with respect to contractors 110 or subcontractors employing 100 or more employees. 111 (c) On or after July 1, 2014, with respect to all 112 contractors or subcontractors. 113 (6) This section shall be enforced without regard to race, 114 religion, gender, ethnicity, or national origin. 115 (7) The department shall adopt rules deemed necessary to 116 administer this section, including prescribing forms. 117 Section 3. Section 337.163, Florida Statutes, is created to 118 read: 119 337.163 Compliance with federal work-authorization 120 program.— 121 (1) As used in this section, the term: 122 (a) “Federal work-authorization program” means any program 123 operated by the United States Department of Homeland Security 124 which provides electronic verification of work authorization 125 issued by the United States Citizenship and Immigration Services 126 or any equivalent federal work-authorization program operated by 127 the United States Department of Homeland Security which provides 128 for the verification of information regarding newly hired 129 employees under the Immigration Reform and Control Act of 1986, 130 Pub. L. No. 99-603. 131 (b) “Subcontractor” means a person who enters into a 132 contract with a contractor for the performance of any part of 133 such contractor’s contract. 134 (2) The department may not enter into a contract under this 135 chapter for contractual services unless the contractor registers 136 and participates in a federal work-authorization program. 137 (3) A contractor who receives a contract award under this 138 chapter for contractual services may not execute a contract, 139 purchase order, or subcontract in connection with the award 140 unless the contractor and all subcontractors providing services 141 for the contractor register and participate in a federal work 142 authorization program. The contractor shall certify in writing 143 to the department that it is in compliance with this subsection. 144 (4) A contractor shall ensure that each subcontractor 145 providing services for the contractor registers and participates 146 in a federal work-authorization program. Each subcontractor 147 shall certify in writing to the contractor that it is in 148 compliance with this subsection. 149 (5) Subsections (2), (3), and (4) apply as follows: 150 (a) On or after July 1, 2012, with respect to contractors 151 or subcontractors employing 500 or more employees. 152 (b) On or after July 1, 2013, with respect to contractors 153 or subcontractors employing 100 or more employees. 154 (c) On or after July 1, 2014, with respect to all 155 contractors or subcontractors. 156 (6) This section shall be enforced without regard to race, 157 religion, gender, ethnicity, or national origin. 158 (7) The department shall adopt rules deemed necessary to 159 administer this section, including prescribing forms. 160 Section 4. Subsection (8) is added to section 943.0311, 161 Florida Statutes, and, effective if funding under the federal 162 Homeland Security Appropriation Act of 2010 or any subsequent 163 source of federal funding is provided to fund the provisions of 164 the subsection, subsection (9) is added to that section, to 165 read: 166 943.0311 Chief of Domestic Security; duties of the 167 department with respect to domestic security.— 168 (8)(a) The Chief of Domestic Security shall negotiate the 169 terms of a memorandum of understanding between the State of 170 Florida and the United States Department of Justice or the 171 United States Department of Homeland Security concerning: 172 1. The enforcement of federal immigration and customs laws. 173 2. The detention and removal of individuals not lawfully 174 present in the United States. 175 3. Investigations related to illegal immigration in the 176 state. 177 4. The establishment of training standards and the creation 178 of training programs for law enforcement officers as provided in 179 subsection (9). 180 (b) The memorandum of understanding shall be signed on 181 behalf of the state by the Chief of Domestic Security and the 182 Governor, or as otherwise required by the appropriate federal 183 agency. 184 (9)(a) Contingent upon funding in the federal Homeland 185 Security Appropriation Act of 2010 or any subsequent source of 186 federal funding, the Chief of Domestic Security shall work with 187 the regional domestic security task forces and the various state 188 entities responsible for establishing training standards 189 applicable to law enforcement officers to establish training 190 standards and create training programs that enhance the ability 191 of law enforcement officers to enforce federal immigration and 192 customs laws while performing within the scope of their 193 authorized duties. 194 (b) A law enforcement officer, as defined in s. 943.10, who 195 is trained in accordance with the standards established pursuant 196 to this subsection is authorized to enforce federal immigration 197 and customs laws while performing within the scope of his or her 198 authorized duties. 199 Section 5. Section 951.30, Florida Statutes, is created to 200 read: 201 951.30 County and municipal detention facilities; 202 determination of lawful immigration status.— 203 (1) If the lawful immigration status of any person who is 204 charged with a crime and confined to a county or municipal 205 detention facility for any period of time cannot be verified 206 from documents in the possession of the county or municipal 207 prisoner or after a reasonable effort on the part of law 208 enforcement officials, such verification shall be made within 48 209 hours through a query to the Law Enforcement Support Center of 210 the United States Department of Homeland Security or other 211 office or agency designated for that purpose by the United 212 States Department of Homeland Security. If it is determined that 213 a county or municipal prisoner is in the United States 214 unlawfully, the law enforcement agency shall notify the United 215 States Department of Homeland Security. 216 (2) This section does not deny bond to a person who is 217 charged with a crime and confined to a county or municipal 218 detention facility or prevent the person from being released 219 from confinement if the person is otherwise eligible for 220 release. 221 (3) The Florida Sheriffs Association shall prepare and 222 issue guidelines and procedures for compliance with this 223 section. 224 Section 6. Part IV of chapter 23, Florida Statutes, 225 consisting of section 23.40, is created to read: 226 PART IV 227 AGENCY ADMINISTRATION OF PUBLIC BENEFITS 228 23.40 Agency administration of public benefits; 229 verification of lawful status.— 230 (1) Except as provided in subsection (3) or where exempted 231 by federal law, no later than July 1, 2012, each agency, as 232 defined in s. 20.03, shall verify the lawful presence in the 233 United States of any natural person 18 years of age or older who 234 has applied for state or local public benefits, as defined in 8 235 U.S.C. s. 1621, or for federal public benefits, as defined in 8 236 U.S.C. s. 1611, which are administered by the agency. 237 (2) This section shall be enforced without regard to race, 238 religion, gender, ethnicity, or national origin. 239 (3) Verification of an individual’s lawful presence in the 240 United States under this section is not required for: 241 (a) Any purpose for which lawful presence in the United 242 States is not required by law, ordinance, rule, or regulation; 243 (b) Assistance for health care items and services that are 244 necessary for the treatment of an emergency medical condition, 245 as defined in 42 U.S.C. s. 1396b(v)(3), of the individual 246 involved and that are not related to an organ-transplant 247 procedure; 248 (c) Short-term, noncash, and in-kind emergency disaster 249 relief; 250 (d) Public health assistance for immunizations with respect 251 to immunizable diseases and for testing and treatment of 252 symptoms of communicable diseases whether or not such symptoms 253 are caused by a communicable disease; 254 (e) Programs, services, or assistance, such as soup 255 kitchens, crisis counseling and intervention, and short-term 256 shelter specified by the United States Attorney General in his 257 or her sole and unreviewable discretion after consultation with 258 appropriate federal agencies and departments, which: 259 1. Deliver in-kind services at the community level, 260 including services provided through public or private nonprofit 261 agencies; 262 2. Do not condition the provision of assistance, the amount 263 of assistance provided, or the cost of assistance provided on 264 the individual recipient’s income or resources; and 265 3. Are necessary for the protection of life or safety; 266 (f) Prenatal care; or 267 (g) Postsecondary education. 268 (4) The Board of Governors of the State University System 269 shall set forth, or cause to be set forth, policies regarding 270 postsecondary education benefits that comply with all applicable 271 federal laws, including, but not limited to, those governing 272 ineligibility for public benefits as described in 8 U.S.C. s. 273 1611, s. 1621, or s. 1623. 274 (5)(a) Verification of an individual’s lawful presence in 275 the United States by an agency that is required to make such 276 verification shall occur as follows: 277 1. The applicant for benefits must execute an affidavit 278 stating that he or she is a United States citizen or a permanent 279 legal resident of the United States and is 18 years of age or 280 older; or 281 2. The applicant for benefits must execute an affidavit 282 stating that he or she is a qualified alien or nonimmigrant 283 under the federal Immigration and Nationality Act, is 18 years 284 of age or older, and is lawfully present in the United States. 285 (b) Any person who knowingly and willfully makes a false, 286 fictitious, or fraudulent statement or representation in an 287 affidavit executed pursuant to paragraph (a) commits a 288 misdemeanor of the first degree, punishable as provided in s. 289 775.082 or s. 775.083. 290 (6) For any applicant who has executed an affidavit 291 attesting to the fact that he or she is an alien who is lawfully 292 present in the United States, verification of the applicant’s 293 immigration status shall be made through the Systematic Alien 294 Verification for Entitlements Program established by the United 295 States Citizenship and Immigration Services or a successor 296 program designated by the United States Department of Homeland 297 Security. Until such verification of eligibility is made, the 298 affidavit may be presumed to be proof of lawful presence in the 299 United States for the purposes of this section. 300 (7) In carrying out this section, each agency shall 301 endeavor to improve efficiency, reduce delay in the verification 302 process, and provide for the expedient resolution of unique 303 individual circumstances where verification procedures would 304 impose an unusual hardship on a legal resident of the state. 305 (8)(a) An agency may not provide any state, local, or 306 federal benefit, as defined in 8 U.S.C. s. 1611 or s. 1621, in 307 violation of this section. 308 (b) Each agency that administers any program of state or 309 local public benefits shall compile an annual report with 310 respect to its compliance with this section. 311 (9) All errors and significant delays by the Systematic 312 Alien Verification for Entitlements Program shall be reported to 313 the United States Department of Homeland Security and to the 314 Secretary of State, and each agency shall monitor the program 315 and report annually on errors and significant delays in the 316 verification process in order to ensure that the application of 317 the program is not wrongfully denying benefits to legal 318 residents of the state. 319 (10) Notwithstanding subsection (5), it is not a crime for 320 an applicant for federal benefits, as defined in 8 U.S.C. s. 321 1611, or for state or local benefits, as defined in 8 U.S.C. s. 322 1621, to execute an affidavit that attests to his or her lawful 323 presence in the United States and that contains a false 324 statement if the affidavit is not required by this section. 325 Section 7. Except as otherwise expressly provided in this 326 act, this act shall take effect July 1, 2011.