Bill Text: FL S1100 | 2010 | Regular Session | Introduced
Bill Title: Unauthorized Employment [EPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Agriculture [S1100 Detail]
Download: Florida-2010-S1100-Introduced.html
Florida Senate - 2010 SB 1100 By Senator Fasano 11-01038-10 20101100__ 1 A bill to be entitled 2 An act relating to unauthorized employment; amending 3 s. 193.461, F.S.; requiring denial of agricultural 4 classification and assessment of land for specified 5 time periods under circumstances involving knowingly 6 hiring, recruiting, or referring unauthorized aliens 7 for employment; requiring alternative assessment for a 8 specified time; amending s. 448.09, F.S.; providing an 9 additional civil penalty for employment of 10 unauthorized aliens; amending s. 570.07, F.S.; 11 requiring the Department of Agriculture and Consumer 12 Services to disseminate information concerning 13 compliance with federal work authorization programs; 14 providing a definition; creating s. 559.7915, F.S.; 15 requiring information demonstrating compliance with 16 the federal work authorization program as a condition 17 of licensure, certification, or registration in 18 specified professions and occupations; providing a 19 definition; prohibiting a licenseholder, 20 certificateholder, or applicant for licensure or 21 certification from knowingly hiring, recruiting, or 22 referring an unauthorized alien for employment; 23 establishing grounds for disciplinary action by the 24 Department of Business and Professional Regulation; 25 providing penalties; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 193.461, Florida Statutes, is amended to 30 read: 31 193.461 Agricultural lands; classification and assessment; 32 mandated eradication or quarantine program; unauthorized 33 employment prohibited; penalties.— 34 (1) The property appraiser shall, on an annual basis, 35 classify for assessment purposes all lands within the county as 36 either agricultural or nonagricultural. 37 (2) Any landowner whose land is denied agricultural 38 classification by the property appraiser may appeal to the value 39 adjustment board. The property appraiser shall notify the 40 landowner in writing of the denial of agricultural 41 classification on or before July 1 of the year for which the 42 application was filed. The notification shall advise the 43 landowner of his or her right to appeal to the value adjustment 44 board and of the filing deadline. The board may also review all 45 lands classified by the property appraiser upon its own motion. 46 The property appraiser shall have available at his or her office 47 a list by ownership of all applications received showing the 48 acreage, the full valuation under s. 193.011, the valuation of 49 the land under the provisions of this section, and whether or 50 not the classification requested was granted. 51 (3)(a) No lands shall be classified as agricultural lands 52 unless a return is filed on or before March 1 of each year. The 53 property appraiser, before so classifying such lands, may 54 require the taxpayer or the taxpayer’s representative to furnish 55 the property appraiser such information as may reasonably be 56 required to establish that such lands were actually used for a 57 bona fide agricultural purpose. Failure to make timely 58 application by March 1 shall constitute a waiver for 1 year of 59 the privilege herein granted for agricultural assessment. 60 However, an applicant who is qualified to receive an 61 agricultural classification who fails to file an application by 62 March 1 may file an application for the classification and may 63 file, pursuant to s. 194.011(3), a petition with the value 64 adjustment board requesting that the classification be granted. 65 The petition may be filed at any time during the taxable year on 66 or before the 25th day following the mailing of the notice by 67 the property appraiser as provided in s. 194.011(1). 68 Notwithstanding the provisions of s. 194.013, the applicant must 69 pay a nonrefundable fee of $15 upon filing the petition. Upon 70 reviewing the petition, if the person is qualified to receive 71 the classification and demonstrates particular extenuating 72 circumstances judged by the property appraiser or the value 73 adjustment board to warrant granting the classification, the 74 property appraiser or the value adjustment board may grant the 75 classification. The owner of land that was classified 76 agricultural in the previous year and whose ownership or use has 77 not changed may reapply on a short form as provided by the 78 department. The lessee of property may make original application 79 or reapply using the short form if the lease, or an affidavit 80 executed by the owner, provides that the lessee is empowered to 81 make application for the agricultural classification on behalf 82 of the owner and a copy of the lease or affidavit accompanies 83 the application. A county may, at the request of the property 84 appraiser and by a majority vote of its governing body, waive 85 the requirement that an annual application or statement be made 86 for classification of property within the county after an 87 initial application is made and the classification granted by 88 the property appraiser. Such waiver may be revoked by a majority 89 vote of the governing body of the county. 90 (b) Subject to the restrictions set out in this section, 91 only lands which are used primarily for bona fide agricultural 92 purposes shall be classified agricultural. “Bona fide 93 agricultural purposes” means good faith commercial agricultural 94 use of the land. In determining whether the use of the land for 95 agricultural purposes is bona fide, the following factors may be 96 taken into consideration: 97 1. The length of time the land has been so used. 98 2. Whether the use has been continuous. 99 3. The purchase price paid. 100 4. Size, as it relates to specific agricultural use, but in 101 no event shall a minimum acreage be required for agricultural 102 assessment. 103 5. Whether an indicated effort has been made to care 104 sufficiently and adequately for the land in accordance with 105 accepted commercial agricultural practices, including, without 106 limitation, fertilizing, liming, tilling, mowing, reforesting, 107 and other accepted agricultural practices. 108 6. Whether such land is under lease and, if so, the 109 effective length, terms, and conditions of the lease. 110 7. Such other factors as may from time to time become 111 applicable. 112 (c) The maintenance of a dwelling on part of the lands used 113 for agricultural purposes shall not in itself preclude an 114 agricultural classification. 115 (d) When property receiving an agricultural classification 116 contains a residence under the same ownership, the portion of 117 the property consisting of the residence and curtilage must be 118 assessed separately, pursuant to s. 193.011, to qualify for the 119 assessment limitation set forth in s. 193.155. The remaining 120 property may be classified under the provisions of paragraphs 121 (a) and (b). 122 (e) Notwithstanding the provisions of paragraph (a), land 123 that has received an agricultural classification from the value 124 adjustment board or a court of competent jurisdiction pursuant 125 to this section is entitled to receive such classification in 126 any subsequent year until such agricultural use of the land is 127 abandoned or discontinued, the land is diverted to a 128 nonagricultural use, or the land is reclassified as 129 nonagricultural pursuant to subsection (4). The property 130 appraiser must, no later than January 31 of each year, provide 131 notice to the owner of land that was classified agricultural in 132 the previous year informing the owner of the requirements of 133 this paragraph and requiring the owner to certify that neither 134 the ownership nor the use of the land has changed. The 135 department shall, by administrative rule, prescribe the form of 136 the notice to be used by the property appraiser under this 137 paragraph. If a county has waived the requirement that an annual 138 application or statement be made for classification of property 139 pursuant to paragraph (a), the county may, by a majority vote of 140 its governing body, waive the notice and certification 141 requirements of this paragraph and shall provide the property 142 owner with the same notification provided to owners of land 143 granted an agricultural classification by the property 144 appraiser. Such waiver may be revoked by a majority vote of the 145 county’s governing body. This paragraph does not apply to any 146 property if the agricultural classification of that property is 147 the subject of current litigation. 148 (4)(a) The property appraiser shall reclassify the 149 following lands as nonagricultural: 150 1. Land diverted from an agricultural to a nonagricultural 151 use. 152 2. Land no longer being utilized for agricultural purposes. 153 3. Land that has been zoned to a nonagricultural use at the 154 request of the owner subsequent to the enactment of this law. 155 (b) The board of county commissioners may also reclassify 156 lands classified as agricultural to nonagricultural when there 157 is contiguous urban or metropolitan development and the board of 158 county commissioners finds that the continued use of such lands 159 for agricultural purposes will act as a deterrent to the timely 160 and orderly expansion of the community. 161 (c) Sale of land for a purchase price which is three or 162 more times the agricultural assessment placed on the land shall 163 create a presumption that such land is not used primarily for 164 bona fide agricultural purposes. Upon a showing of special 165 circumstances by the landowner demonstrating that the land is to 166 be continued in bona fide agriculture, this presumption may be 167 rebutted. 168 (5) For the purpose of this section, “agricultural 169 purposes” includes, but is not limited to, horticulture; 170 floriculture; viticulture; forestry; dairy; livestock; poultry; 171 bee; pisciculture, when the land is used principally for the 172 production of tropical fish; aquaculture; sod farming; and all 173 forms of farm products and farm production. 174 (6)(a) In years in which proper application for 175 agricultural assessment has been made and granted pursuant to 176 this section, the assessment of land shall be based solely on 177 its agricultural use. The property appraiser shall consider the 178 following use factors only: 179 1. The quantity and size of the property; 180 2. The condition of the property; 181 3. The present market value of the property as agricultural 182 land; 183 4. The income produced by the property; 184 5. The productivity of land in its present use; 185 6. The economic merchantability of the agricultural 186 product; and 187 7. Such other agricultural factors as may from time to time 188 become applicable, which are reflective of the standard present 189 practices of agricultural use and production. 190 (b) Notwithstanding any provision relating to annual 191 assessment found in s. 192.042, the property appraiser shall 192 rely on 5-year moving average data when utilizing the income 193 methodology approach in an assessment of property used for 194 agricultural purposes. 195 (c)1. For purposes of the income methodology approach to 196 assessment of property used for agricultural purposes, 197 irrigation systems, including pumps and motors, physically 198 attached to the land shall be considered a part of the average 199 yields per acre and shall have no separately assessable 200 contributory value. 201 2. Litter containment structures located on producing 202 poultry farms and animal waste nutrient containment structures 203 located on producing dairy farms shall be assessed by the 204 methodology described in subparagraph 1. 205 (d) In years in which proper application for agricultural 206 assessment has not been made, the land shall be assessed under 207 the provisions of s. 193.011. 208 (7) Lands classified for assessment purposes as 209 agricultural lands which are taken out of production by any 210 state or federal eradication or quarantine program shall 211 continue to be classified as agricultural lands for the duration 212 of such program or successor programs. Lands under these 213 programs which are converted to fallow, or otherwise nonincome 214 producing uses shall continue to be classified as agricultural 215 lands and shall be assessed at a de minimis value of no more 216 than $50 per acre, on a single year assessment methodology; 217 however, lands converted to other income-producing agricultural 218 uses permissible under such programs shall be assessed pursuant 219 to this section. Land under a mandated eradication or quarantine 220 program which is diverted from an agricultural to a 221 nonagricultural use shall be assessed under s. 193.011. 222 (8)(a) Lands may not be classified as agricultural lands 223 for the length of time specified in paragraph (b) if the 224 landowner has been determined to have violated any federal 225 immigration law by knowingly hiring, recruiting, or referring 226 for herself or himself or on behalf of another, for private or 227 public employment within the state, whether through direct 228 employment or through a contractor or subcontractor, a person 229 who is not authorized to work as determined by the federal 230 immigration laws or the Attorney General of the United States. 231 (b) If the appraiser determines that the landowner applying 232 under this section meets the conditions specified in paragraph 233 (a), the appraiser shall deny the application for classification 234 assessment as agricultural property by the landowner for the 235 lengths of time for conditions as follows: 236 1. A minimum period of 2 years for a violation involving 237 the employment of five or fewer persons who are not authorized 238 to work by the federal immigration laws or the Attorney General 239 of the United States. 240 2. A period of 5 years for a violation involving the 241 employment of 6 to 10 persons who are not authorized to work by 242 the federal immigration laws or the Attorney General of the 243 United States. 244 3. A period of 10 years for a violation involving the 245 unauthorized employment of more than 10 persons who are not 246 authorized to work by the federal immigration laws or the 247 Attorney General of the United States. 248 (c) For the years that the land is not assessed as 249 agricultural pursuant to this section, it shall be assessed 250 under s. 193.011. 251 Section 2. Subsection (4) is added to section 448.09, 252 Florida Statutes, to read: 253 448.09 Unauthorized aliens; employment prohibited.— 254 (4) In addition to any penalty specified in s. 193.461(8), 255 a landowner is also subject to a civil fine of $25,000 for the 256 employment of each person who is not authorized to work by the 257 federal immigration laws or the Attorney General of the United 258 States. 259 Section 3. Subsection (42) is added to section 570.07, 260 Florida Statutes, to read: 261 570.07 Department of Agriculture and Consumer Services; 262 functions, powers, and duties.—The department shall have and 263 exercise the following functions, powers, and duties: 264 (42) To provide information for dissemination to all 265 persons who are served by or regulated by the department in its 266 various agricultural capacities in order to foster and encourage 267 compliance with federal work authorization programs. This 268 information shall include the need for compliance both as it 269 relates to those directly employed by those persons and as it 270 relates to those employed by contractors and subcontractors. For 271 purposes of this subsection, the term “federal work 272 authorization program” means any program operated by the United 273 States Department of Homeland Security which provides electronic 274 verification of work authorization issued by the United States 275 Bureau of Citizenship and Immigration Services or any equivalent 276 federal work authorization program operated by the United States 277 Department of Homeland Security which provides for the 278 verification of information regarding newly hired employees 279 under the Immigration Reform and Control Act of 1986, Pub. L. 280 No. 99-603. 281 Section 4. Section 559.7915, Florida Statutes, is created 282 to read: 283 559.7915 Compliance with federal work authorization 284 program; information required for licensure, certification, or 285 registration; unauthorized employment prohibited; penalties.— 286 (1)(a) As a condition of licensure, certification, or 287 registration or renewal of a license, certification, or 288 registration under part III of chapter 450, part I of chapter 289 489, part I of chapter 509, chapter 563, chapter 564, or chapter 290 565, if that person is also applying for or possesses a license 291 under part I of chapter 509, a person applying for a license, 292 certification, or registration shall ensure compliance with the 293 federal work authorization program regarding all employees and 294 shall ensure that any contractors and subcontractors providing 295 services to the applicant register and participate in the 296 federal work authorization program. Proof of compliance shall be 297 by certification by the applicant for all employees and by 298 certification to the applicant by any contractor or 299 subcontractor that the contractor or subcontractor is in 300 compliance. 301 (b) For purpose of this subsection, the term “federal work 302 authorization program” means any program operated by the United 303 States Department of Homeland Security which provides electronic 304 verification of work authorization issued by the United States 305 Bureau of Citizenship and Immigration Services or any equivalent 306 federal work authorization program operated by the United States 307 Department of Homeland Security which provides for the 308 verification of information regarding newly hired employees 309 under the Immigration Reform and Control Act of 1986, Pub. L. 310 No. 99-603. 311 (2) A person applying for a license, certification, or 312 registration or for renewal of a license, certification, or 313 registration, or a person possessing a license, certification, 314 or registration under the provisions of law cited in subsection 315 (1), who has been determined to have violated any provision of 316 the federal immigration law by knowingly hiring, recruiting, or 317 referring for herself or himself or on behalf of another, for 318 private or public employment within the state, a person who is 319 not authorized to work by the federal immigration laws or by the 320 United States Attorney General constitutes grounds for which the 321 disciplinary actions specified in subsection (3) may be taken. 322 (3) When the board, or the department when there is no 323 board, determines that a person applying for or possessing a 324 license, certification, or registration has been determined to 325 meet the conditions specified in subsection (2), it shall enter 326 an order imposing one of the penalties in paragraphs (a)-(d) and 327 imposing the fine in paragraph (e) for penalties imposed under 328 paragraphs (b), (c), or (d): 329 (a) Denial of application for initial or renewal of a 330 license, certification, or registration. 331 (b) Suspension of a license, certification, or registration 332 for a minimum of 2 years for a violation involving the 333 employment of five or fewer persons who are not authorized to 334 work by the federal immigration laws or by the Attorney General 335 of the United States. 336 (c) Suspension of a license, certification, or registration 337 for 5 years for a violation involving the employment of 6 to 10 338 persons who are not authorized to work by the federal 339 immigration laws or by the Attorney General of the United 340 States. 341 (d) Revocation of a license, certification, or registration 342 for a violation involving the unauthorized employment of more 343 than 10 persons who are not authorized to work by the federal 344 immigration laws or by the Attorney General of the United 345 States. 346 (e) Imposition of an administrative fine of $25,000 for 347 each person who is not authorized to work by the federal 348 immigration laws or by the Attorney General of the United 349 States. 350 Section 5. This act shall take effect January 1, 2011.
