Bill Text: FL S1822 | 2020 | Regular Session | Introduced
Bill Title: Verification of Employment Eligibility
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Judiciary [S1822 Detail]
Download: Florida-2020-S1822-Introduced.html
Florida Senate - 2020 SB 1822 By Senator Gruters 23-01889-20 20201822__ 1 A bill to be entitled 2 An act relating to the verification of employment 3 eligibility; amending s. 448.09, F.S.; providing 4 definitions; requiring public employers, contractors, 5 and subcontractors to register with and use the E 6 Verify system; prohibiting such entities from entering 7 into a contract unless each party to the contract 8 registers with and uses the E-Verify system; requiring 9 a subcontractor to provide a contractor with a certain 10 affidavit; requiring a contractor to maintain a copy 11 of such affidavit; authorizing the termination of a 12 contract under certain conditions; providing that such 13 termination is not a breach of contract; authorizing a 14 challenge to such termination; requiring private 15 employers to verify the employment eligibility of 16 newly hired employees, beginning on a specified date; 17 providing an exception; providing acceptable methods 18 for verifying employment eligibility; requiring a 19 private employer to provide a public employer with a 20 certain affidavit in order to bid on or otherwise 21 contract with the public employer; authorizing the 22 termination of a contract under certain conditions; 23 providing that such termination is not a breach of 24 contract; providing certain liability if a contract is 25 terminated; providing specified immunity and 26 nonliability for private employers; creating a 27 rebuttable presumption for private employers; 28 providing construction; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 448.09, Florida Statutes, is amended to 33 read: 34 448.09 Unauthorized aliens; employment prohibited.— 35 (1) EMPLOYMENT ELIGIBILITY.—It isshall beunlawful for any 36 person or entity to knowinglytoemploy, hire, recruit, or 37 refer, either for herself or himself or on behalf of another, 38 for private or public employment within the state, an alien who 39 is not duly authorized to work by the immigration laws or the 40 Attorney General of the United States. 41 (2) DEFINITIONS.—As used in this section, the term: 42 (a) “Contractor” means a person or an entity that has 43 entered or is attempting to enter into a contract with a public 44 employer to provide labor, supplies, or services to such 45 employer in exchange for salary, wages, or other remuneration. 46 (b) “Employee” means a person filling an authorized and 47 established position who performs labor or services for a public 48 or private employer in exchange for salary, wages, or other 49 remuneration. 50 (c) “E-Verify system” means an Internet-based system 51 operated by the United States Department of Homeland Security 52 that allows participating employers to electronically verify the 53 employment eligibility of newly hired employees. 54 (d) “Legal alien” means a person who is or was lawfully 55 present or permanently residing legally in the United States and 56 allowed to work at the time of employment and remains so 57 throughout the duration of that employment. 58 (e) “Private employer” means a person or an entity that 59 employs persons to perform labor or services in exchange for 60 salary, wages, or other remuneration. The term does not include: 61 1. A public employer; 62 2. The occupant or owner of a private residence who hires: 63 a. Casual labor, as defined in s. 443.036, to be performed 64 entirely within the private residence; or 65 b. A licensed independent contractor, as defined in federal 66 laws or regulations, to perform a specified portion of labor or 67 services; or 68 3. An employee leasing company licensed under part XI of 69 chapter 468 that enters into a written agreement or 70 understanding with a client company which places the primary 71 obligation for compliance with this section upon the client 72 company. In the absence of a written agreement or understanding, 73 the employee leasing company is responsible for compliance with 74 this section. Such employee leasing company shall, at all times, 75 remain an employer as otherwise defined in federal laws or 76 regulations. 77 (f) “Public employer” means an agency within state, 78 regional, county, local, or municipal government, whether 79 executive, judicial, or legislative, or any public school, 80 community college, or state university that employs persons who 81 perform labor or services for that employer in exchange for 82 salary, wages, or other remuneration or that enters or attempts 83 to enter into a contract with a contractor. 84 (g) “Subcontractor” means a person or an entity that 85 provides labor, supplies, or services to or for a contractor or 86 another subcontractor in exchange for salary, wages, or other 87 remuneration. 88 (h) “Unauthorized alien” means a person who is not 89 authorized under federal law to be employed in the United 90 States, as described in 8 U.S.C. s. 1324a(h)(3). The term must 91 be interpreted consistently with that section and any applicable 92 federal rules or regulations. 93 (3) PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS.— 94 (a) Beginning January 1, 2021, every public employer, 95 contractor, and subcontractor shall register with and use the E 96 Verify system to verify the work authorization status of all 97 newly hired employees. A public employer, contractor, or 98 subcontractor may not enter into a contract unless each party to 99 the contract registers with and uses the E-Verify system. 100 (b)1. If a contractor enters into a contract with a 101 subcontractor, the subcontractor must provide the contractor 102 with an affidavit stating that the subcontractor does not 103 employ, contract with, or subcontract with an unauthorized 104 alien. 105 2. The contractor shall maintain a copy of such affidavit 106 for the duration of the contract. 107 (c)1. A public employer, contractor, or subcontractor who 108 has a good faith belief that a person or an entity with which it 109 is contracting has knowingly violated subsection (1) shall 110 terminate the contract with the person or entity. 111 2. A public employer that has a good faith belief that a 112 subcontractor knowingly violated this subsection, but the 113 contractor otherwise complied with this subsection, shall 114 promptly notify the contractor and order the contractor to 115 immediately terminate the contract with the subcontractor. 116 3. A contract terminated under subparagraph 1. or 117 subparagraph 2. is not a breach of contract and may not be 118 considered as such. 119 (d) A public employer, contractor, or subcontractor may 120 file an action with a circuit or county court to challenge a 121 termination under paragraph (c) no later than 20 calendar days 122 after the date on which the contract was terminated. 123 (e) If a public employer terminates a contract with a 124 contractor under paragraph (c), the contractor may not be 125 awarded a public contract for at least 1 year after the date on 126 which the contract was terminated. 127 (4) PRIVATE EMPLOYERS.— 128 (a) Beginning January 1, 2021, a private employer shall, 129 after making an offer of employment which has been accepted by a 130 person, verify such person’s employment eligibility. A private 131 employer is not required to verify the employment eligibility of 132 a continuing employee hired before January 1, 2021. However, if 133 a person is a contract employee retained by a private employer, 134 the private employer must verify the employee’s employment 135 eligibility upon the renewal or extension of his or her 136 contract. 137 (b) A private employer shall verify a person’s employment 138 eligibility by: 139 1. Using the E-Verify system; or 140 2. Requiring the person to provide a picture identification 141 card that complies with the Real ID Act of 2005, Pub. L. No. 142 109-13, and a certified copy of one of the following documents: 143 a. A United States birth certificate; 144 b. A certificate of naturalization; 145 c. A certificate of citizenship; 146 d. An alien registration receipt card; or 147 e. A United States immigration form I-94 stamped to 148 indicate “employment authorized.” 149 150 The private employer must retain a copy of the documents 151 provided under this subparagraph for at least 3 years after the 152 person’s initial date of employment. 153 (c) A private employer may not bid on or otherwise contract 154 with a public employer for the performance of labor or services 155 in this state unless the private employer provides the public 156 employer with an affidavit stating that: 157 1. The private employer is registered with and uses the E 158 Verify system to verify that all newly hired employees are legal 159 citizens of the United States or legal aliens. 160 2. The private employer will continue to use the E-Verify 161 system to verify the employment eligibility of all newly hired 162 employees for the duration of the contract. 163 3. The private employer requires all subcontractors to 164 provide an affidavit stating compliance with subparagraphs 1. 165 and 2. 166 (d)1. A private employer that violates this subsection may 167 be subject to termination of its public contract, if applicable, 168 and may not be awarded a public contract for at least 1 year 169 after the date on which the contract was terminated. The 170 termination of the contract is not a breach of contract and may 171 not be considered as such. 172 2. A private employer is liable for any additional costs 173 incurred by the public employer as a result of the termination 174 of the contract. 175 (e) A private employer that complies with this subsection 176 may not be held civilly or criminally liable under state law for 177 hiring, continuing to employ, or refusing to hire an 178 unauthorized alien if the information obtained under paragraph 179 (b) indicates that the person’s work authorization status was 180 not that of an unauthorized alien. 181 (f) For purposes of this subsection, compliance with 182 paragraph (b) creates a rebuttable presumption that a private 183 employer did not knowingly employ an unauthorized alien in 184 violation of subsection (1). 185 (5)(2)PENALTIES.— 186 (a) The first violation of subsection (1) isshall bea 187 noncriminal violation as defined in s. 775.08(3) and, upon 188 conviction, isshall bepunishable as provided in s. 775.082(5) 189 by a civil fine of not more than $500, regardless of the number 190 of unauthorized aliens with respect to whom the violation 191 occurred. 192 (b)(3)Any person who has been previously convicted for a 193 violation of subsection (1) and who thereafter violates 194 subsection (1) commits, shall be guilty ofa misdemeanor of the 195 second degree, punishable as provided in s. 775.082 or s. 196 775.083. Any such subsequent violation of this section 197 constitutesshall constitutea separate offense with respect to 198 each unauthorized alien. 199 (6) CONSTRUCTION.—This section shall be enforced without 200 regard to race, color, or national origin and shall be construed 201 in a manner so as to be fully consistent with any applicable 202 federal laws or regulations. 203 Section 2. This act shall take effect July 1, 2020.