Bill Text: FL S0856 | 2010 | Regular Session | Introduced
Bill Title: Immigration [CPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2010-04-30 - Died in Committee on Regulated Industries [S0856 Detail]
Download: Florida-2010-S0856-Introduced.html
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;or653 (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.
