Florida 2022 Regular Session

Florida House Bill H6001 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to verification of employment 2
1616 eligibility by a private employer; amending s. 3
1717 448.095, F.S.; removing the option for a private 4
1818 employer to verify a person's employment eligibility 5
1919 using a specified federal form; removing the 6
2020 requirement that a private employer maintain such 7
2121 records for a specified length of time; removing the 8
2222 authorization for certain persons and entities to 9
2323 request, and the require ment that a private employer 10
2424 provide, documentation relating to a person's 11
2525 employment eligibility; providing an effective date. 12
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2727 Be It Enacted by the Legislature of the State of Florida: 14
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2929 Section 1. Paragraphs (f) and (g) of subsection (3) of 16
3030 section 448.095, Florida Statutes, are redesignated as 17
3131 paragraphs (e) and (f), respectively, and present paragraphs 18
3232 (b), (e), and (g) of that section are amended to read: 19
3333 448.095 Employment eligibility. — 20
3434 (3) PRIVATE EMPLOYERS. — 21
3535 (b) A private employer shal l verify a person's employment 22
3636 eligibility by: 23
3737 1. using the E-Verify system; or 24
3838 2. Requiring the person to provide the same documentation 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 that is required by the United States Citizenship and 26
5252 Immigration Services on its Employment Eligibility Verificat ion 27
5353 form (Form I-9). The private employer must retain a copy of the 28
5454 documentation provided under this subparagraph for at least 3 29
5555 years after the person's initial date of employment . 30
5656 (e) For the purpose of enforcement of this section, the 31
5757 following persons or entities may request, and a private 32
5858 employer must provide, copies of any documentation relied upon 33
5959 by the private employer for the verification of a person's 34
6060 employment eligibility, including, but not limited to, any 35
6161 documentation required under para graph (b): 36
6262 1. The Department of Law Enforcement. 37
6363 2. The Attorney General. 38
6464 3. The state attorney. 39
6565 4. The statewide prosecutor. 40
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6767 A person or entity that makes a request under this paragraph 42
6868 must rely upon the federal government to verify a person's 43
6969 employment eligibility and may not independently make a final 44
7070 determination as to whether a person is an unauthorized alien. 45
7171 (f)(g) For any private employer found to have violated 46
7272 paragraph (e)(f) three times within any 36 month period, the 47
7373 appropriate licensing agency shall permanently revoke all 48
7474 licenses that are held by the private employer specific to the 49
7575 business location where the unauthorized alien performed work. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 If the private employer does not hold a license specific to the 51
8989 business location whe re the unauthorized alien performed work, 52
9090 but a license is necessary to operate the private employer's 53
9191 business in general, the appropriate licensing agency shall 54
9292 permanently revoke all licenses that are held by the private 55
9393 employer at the private employer 's primary place of business. 56
9494 Section 2. This act shall take effect July 1, 2022. 57