This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1617z1.DOCX
DATE: 5/11/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 1617 Immigration
SPONSOR(S): Commerce Committee, Michael and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1718
FINAL HOUSE FLOOR ACTION: 83 Y’s
36 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 1617 passed the House on May 2, 2023, as CS/CS/SB 1718.
Florida law requires state and local law enforcement entities to cooperate and assist the federal government in
the enforcement of federal immigration laws, provides criminal penalties for human smuggling into the state,
and provides employment verification requirements for public and private employers.
The bill, in part:
Beginning July 1, 2023, requires private employers, with 25 or more employees, to use E-Verify for new
employees.
Expands violations and penalties related to human smuggling when smuggling a minor, more than five
people, or when a defendant has a prior conviction for human smuggling, and allows prosecution of
human smuggling under the Florida Racketeer Influenced and Corrupt Organization (RICO) Act.
Prohibits a county or municipality from providing funds to issue community ID cards for individuals who
are not lawfully in the country.
Invalidates driver’s licenses that are exclusively issued by another state to undocumented immigrants,
and requires the Department of Highway Safety and Motor Vehicles (DHSMV) to issue citations and
maintain a list of out of state classes of driver licenses that are invalid.
Removes the authority for certain unauthorized immigrants to be admitted to the Florida Bar, effective
November 1, 2028.
Requires persons who are in the custody of a law enforcement agency and subject to an immigration
detainer to submit DNA to the statewide DNA database.
Requires hospitals that accept Medicaid to collect immigration status data related to admissions and
emergency room visits and report to the Agency of Health Care Administration (AHCA).
For the 2023-2024 fiscal year, provides a $12 million nonrecurring appropriation to the Division of
Emergency Management for the Unauthorized Alien Transport Program.
The bill has a negative fiscal impact on state and local government, and the private sector.
The bill was approved by the Governor on May 10, 2023, ch. 2023-40, L.O.F., and will become effective on
July 1, 2023, except as otherwise expressly provided.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Current Situation
Immigration Laws
The Federal Government establishes and enforces immigration laws. The federal Immigration and
Nationality Act (INA) contains many of the most important provisions of immigration law.
1
The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE),
Enforcement and Removal Operations, is responsible for enforcing the immigration laws and
identifying, apprehending, and removing aliens who are a risk to national security or public safety, who
are in the country illegally, or who undermine the integrity of the country’s immigration laws or border
control efforts.
2
U.S. Customs and Border Protection (Border Patrol) is the federal law enforcement agency responsible
for securing the nation’s borders and facilitating international travel and trade. The Border Patrol’s top
priority is to keep terrorists and their weapons from entering the United States.
In 2020, The Border Patrol had 646,822 enforcement actions. In 2021, that total increased to over 1.9
million actions, an increase of over 200 percent. The Border Patrol’s total enforcement actions in 2022
was about 2.8 million, another 41 percent increase, and to date for 2023, the total is already over 1
million.
These statistics include individuals “encountered at ports of entry who are seeking lawful admission into
the United States but are determined to be inadmissible, individuals presenting themselves to seek
humanitarian protection under our laws, and individuals who withdraw an application for admission and
return to their countries of origin within a short timeframe.” The total also includes encounters that led to
apprehensions or expulsions, including individuals who were physically controlled or temporarily
detained due to being unlawfully present in the United States.
3
In addition to the dramatic increase in border encounters, the recidivism rate has also increased.
According to the Border Patrol webpage, “recidivism refers to percentage of individuals apprehended
more than one time by the Border Patrol within a fiscal year.” In 2019, the rate was only 7 percent.
However, that climbed to an increase of 26 percent in 2020 and 27 percent in 2021.
4
Encounters with criminal noncitizens in 2020 were 9,447, in 2021 were 17,330, in 2022 were 29,021,
and so far in 2023 are 11,785. “Criminal noncitizens refers to noncitizens who have been convicted of
crime, whether in the United States or abroad, so long as the conviction is for conduct which is deemed
criminal by the United States.”
5
Governor’s Executive Orders on Immigration
1
8 U.S.C. §§ -1401 Suppl. 2 1964.
2
U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, Mission, https://www.ice.gov/ero (last visited
Mar. 21, 2023).
3
U.S. Customs and Border Protection, CBP Enforcement Statistics Fiscal Year 2023, https://www.cbp.gov/newsroom/stats/cbp-
enforcement-statistics (last visited Mar. 21, 2023).
4
Id.
5
Id.
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The Governor has issued two Executive Orders attempting to address the enforcement of immigration
laws and the immigration crisis the state has on its borders.
6
On September 28, 2021, the Governor issued Executive Order No. 21-223, Biden Border Crisis.
Finding that the detrimental effects of an unsecured southwest border of the United States would
reverberate beyond border states, including increased crime, such as drug trafficking and human
trafficking and smuggling, diminished economic opportunities for American workers, and stresses on
education and healthcare systems. The order prohibited state agencies from assisting with the
transport of aliens apprehended at the southwest border into Florida, and required state agencies to
use the federal Systematic Alien Verification for Entitlements (SAVE) program to confirm the eligibility
of persons before providing any funds, resources, or other benefits.
Specifically, the executive order:
Directs the Florida Department of Law Enforcement (FDLE) and the Florida Highway Patrol
(FHP) to determine on an ongoing basis the number and identities of all illegal aliens
7
whom the
DHS, as well as any other federal departments or agencies, federal contractors, or affiliated
non-governmental organizations, transport to Florida and to detain any aircraft, bus, or other
vehicle used to transport illegal aliens to the state in the commission of a state offense,
including state laws against human trafficking.
Requests state attorneys and statewide prosecutor to report monthly to the Governor’s Office
and the FDLE on information related to illegal aliens and crimes, which FDLE was to make
available on its website.
Directs the Agency for Health Care Administration (AHCA), in coordination with the Department
of Children and Families (DCF), the Department of Health (DOH), and county health
departments, to use all lawful means to determine the amount of state and local funds spent on
health care, including emergency care, for illegal aliens each fiscal year. AHCA was also
directed to require managed care plans and hospitals to report any Medicaid or other
governmental expenditures incurred for illegal aliens for each fiscal year beginning in 2021.
Such information was to be made available to the Governor’s Office and posted on the websites
for AHCA and DOH.
Directs DCF to determine the amount and purpose of state funds expended by the department
on illegal aliens for each fiscal year. Such information was to be made available to the
Governor’s Office and posted on the website for the department. The department was also
directed to review resettlement of unaccompanied alien children
8
in Florida and make
determinations on resettlement under state laws; to the extent that such resettlement did not
constitute “evidence of need” under Florida law, the department was directed to not grant or
renew licenses to family foster homes, residential child-caring agencies, or child-placing
agencies that applied to house unaccompanied minors and to prohibit these entities from
accepting additional children if they already housed unaccompanied alien children. These
entities were also required, as a part of licensure, to conduct in-person welfare checks on these
children and report to the department, if the department determined that such checks were
permitted by state law.
Directs the FDLE, in consultation with the Attorney General, to conduct regular audits of
businesses in Florida to ensure that businesses were complying with state law to verify the
employment eligibility of new employees. The department was ordered to prioritize audits of
publicly traded corporations or companies with more than 200 employees that operate in
sectors of the economy known for employing illegal aliens. If any violation was found, the
6
See State of Florida, Office of the Governor, Executive Order No. 21-223, September 28, 2021, https://www.flgov.com/wp-
content/uploads/2021/09/EO_21-223.pdf (last visited Mar. 21, 2023), and Executive Order No. 23-03, January 6, 2023,
https://www.flgov.com/wp-content/uploads/2023/01/EO-23-03.pdf (last visited Mar. 21, 2023).
7
“Illegal Aliens” are defined in section 11 of the order to have the same meaning as provided in 8 U.S.C. s. 1101(a)(3); except that the
order specified that lawful immigration status does not include parole under 8 U.S.C. s. 1182(d)(5).
8
Defined in the order to have the same meaning as under 6 U.S.C. s. 279(g)(2).
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DATE: 5/11/2023
department was to notify the Department of Economic Opportunity (DEO) to take appropriate
action under state law.
Requires any executive agency to report any evidence found of a crime perpetuated by an
illegal alien to the FDLE; and to take all appropriate action under state law, including the
imposition of fines or revocation of licenses, of any violation of law by a private contractor or
non-governmental organization involved in the resettlement of illegal aliens.
9
On January 6, 2023, the Governor issued Executive Order No. 23-03, Emergency Management –
Illegal Migration. Based on findings of unprecedented interdictions, attempts of entry, and border patrol
encounters, the Governor designated the migration of unauthorized aliens to Florida as likely to
constitute a major disaster and designated the director of the Division of Emergency Management as
the state coordinating officer for the disaster with direction to execute response, recovery, and
mitigation plans necessary to cope with the emergency. The order also activates the Florida National
Guard, as needed, to assist with the efforts. The order waives contracting policies and requirements,
allows for expenditure of state funds through the Emergency Preparedness and Response Fund, and
authorizes medical professionals, social workers, and counselors with good and valid licenses issued
by other states to provide humanitarian aid services.
10
Federal Immigration Law
The federal government has broad power over immigration and alien status.
11
This power is enforced
through an extensive set of rules governing alien admission, removal, and conditions for continued
presence within the United States, including the INA.
12
While the federal government’s authority over
immigration is well established, the United States Supreme Court has recognized that not “every state
enactment which in any way deals with aliens is a regulation of immigration and thus per se preempted”
by the federal government.
13
Human Smuggling
It is estimated that there are 3 million illegal entries into the United States each year, over and above
the amount of encounters that the Border Patrol has with border-crossers. Full-time professional
criminals are facilitating the smuggling of immigrants across the border. Human smuggling is estimated
to generate over $6.75 billion a year.
14
Federal law governs whether a person is legally authorized to enter or remain in this country and
provides criminal penalties for illegally transporting a person into the country. Specifically, the law
prohibits a person from:
15
Knowing that a person is an alien, bringing or attempting to bring to the United States in any
manner whatsoever such person at a place other than a designated port of entry or place other
than as designated by the Commissioner of Immigration and Naturalization, regardless of
whether such alien has received prior official authorization to come to, enter, or reside in the
United States and regardless of any future official action which may be taken with respect to
such alien.
Knowing or in reckless disregard of the fact than an alien has come to, entered, or remains in
the United States in violation of law, conceals, harbors, or shields from detection, or attempts to
9
State of Florida, Office of the Governor, Executive Order No. 21-223, September 28, 2021, https://www.flgov.com/wp-
content/uploads/2021/09/EO_21-223.pdf (last visited Mar. 21, 2023)
10
State of Florida, Office of the Governor, Executive Order No. 23-03, January 6, 2023, https://www.flgov.com/wp-
content/uploads/2023/01/EO-23-03.pdf (last visited Mar. 21, 2023).
11
Arizona v. United States, 567 U.S. 387 (2012).
12
8 U.S.C. s. 1108, et seq.
13
De Canas v. Bica, 424 U.S. 351, 355 (1976).
14
United Nations Office on Drugs and Crime, Transnational Organized Crime: Let’s put them out of business,
https://www.unodc.org/toc/en/crimes/migrant-smuggling.html (last visited Mar. 21, 2023).
15
8 U.S.C. s. 1324(a).
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DATE: 5/11/2023
conceal, harbor, or shield from detection, such alien in any place, including any building or any
means of transportation.
Encourages or induces an alien to come to, enter, or reside in the United States, knowing or in
reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of
law.
Engages in any conspiracy to commit any of the preceding acts or aids or abets the commission
of any of the preceding acts.
Before 2009, Florida did not specifically provide criminal penalties for transporting a person into the
state who is illegally entering or remaining in the United States. In 2009, the Florida Legislature created
criminal penalties for human smuggling.
16
Current law makes it a third degree felony
17
for a person to
transport an individual into this state, when the person, who is doing the transporting, knows or should
know that the person he or she is transporting is illegally entering the United States from another
country.
18
A person who violates the prohibition against concealing, harboring, or shielding an alien is generally
subject to up to five years imprisonment, but may punishment can be increased as follows:
Up to 10 years imprisonment if the violation was done for the purpose of commercial advantage
or private financial gain.
Up to 20 years imprisonment if the violation causes seriously bodily injury to, or places in
jeopardy, the life of any person.
Death or life imprisonment if a violation results in the death of any person.
19
However, the federal law provides an exception to the offense of concealing, harboring, or shielding an
alien which allows a religious organization to invite, call, allow, or enable an alien who is present in the
United States to perform the vocation of minister or missionary as a volunteer who is not compensated
as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other
basic living expenses, provided he or she has been a member of the denomination for at least one
year.
20
Federal law also requires the Secretary of Homeland Security, in consultation with the Attorney General
and the Secretary of State, to develop and implement an outreach program to educate the public about
the penalties for unlawfully bringing in and harboring aliens.
21
Statewide Grand Jury Recommendations – Human Smuggling
In June of 2022, a Statewide Grand Jury was impaneled at the request of Governor Desantis for the
purpose of investigating the impact of illegal immigration on Florida. In its First Presentment filed in
December of 2022, the Twenty-First Statewide Grand Jury concluded that the smuggling of illegal
aliens not only endangers Floridians, but also generates huge sums of money for transnational criminal
organizations which is used to further other criminal activities, including drug trafficking and human
trafficking. The Grand Jury concluded that “[s]ince smuggling of illegal aliens into and within Florida
involves multiple individuals, [transnational criminal organizations], and other criminals, the human
smuggling statute must be revised.”
22
Cooperation with Federal Immigration Authorities
16
Chapter 2009-160, L.O.F.
17
A third degree felony is punishable by up to five years imprisonment and up to a $5,000 fine. Sections 775.082, 775.083, and
775.084, F.S.
18
S. 787.07, F.S.
19
8 U.S.C. §1324(a)(1)(A) and (B).
20
8 U.S.C. § 1324(a)(1)(C).
21
8 U.S.C. § 1324(e).
22
The Supreme Court of Florida, First Presentment of the Twenty-First Statewide Grand Jury (s. 787.07, F.S.),
https://supremecourt.flcourts.gov/News-Media/Statewide-Grand-Jury (last visited Mar. 21, 2023).
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In 2019, the Legislature passed federal immigration enforcement legislation.
23
The law requires a law
enforcement agency
24
to use its best efforts to support the enforcement of federal immigration law and
applies to any official, representative, agent, or employee of an entity or agency when he or she is
acting within the scope of his or her official duties or employment. Unless expressly required by federal
law, a state entity, local government entity, or law enforcement agency, or any employee, agent, or
representative of the entity or agency, may not prohibit or restrict a law enforcement agency from taking
any of the following actions with respect to information regarding a person’s immigration status:
Sending the information to or requesting, receiving, or reviewing the information from a federal
immigration agency for the purposes of ch. 908, F.S.
Recording and maintaining the information for the purposes of ch. 908, F.S.
Exchanging the information with a federal immigration agency or another state entity, local
governmental entity, or law enforcement agency for the purposes of ch. 908, F.S.
Using the information to comply with an immigration detainer.
Using the information to confirm the identity of a person who is detained by a law enforcement
agency.
In specified criminal cases in which a detained offender is subject to an immigration detainer and
transfer to the custody of the federal government, a sentencing judge must issue an order requiring the
secure detention facility
25
in which the defendant is to be confined to reduce his or her sentence by up
to 12 days when the facility determines such a reduction will facilitate the seamless transfer of the
defendant to federal custody. When a secure correctional facility receives verification from a federal
immigration agency that a person subject to an immigration detainer is in the law enforcement agency’s
custody, the agency may securely transport the person to a federal facility in Florida or to another point
of transfer to federal custody outside the jurisdiction of the law enforcement agency.
26
Such a transfer
may occur no earlier than within 12 days of the person’s release date. A law enforcement agency
transferring an alien to a point of transfer outside of Florida must obtain judicial authorization before
completing such a transfer.
Section 908.104(5), F.S., provides an exception to the requirement that a law enforcement agency
must provide a federal immigration agency with information regarding a detained person and applies
when such a person is also a victim or witness to a criminal offense if the person timely and in good
faith responds to the entity or agency’s request for information and cooperation in the investigation or
prosecution of the offense. If any state entity, local governmental entity, or law enforcement agency,
withholds information pursuant to this exception, it must document the victim’s or witness’s cooperation
in the related investigative records and retain the records for at least 10 years for the purpose of audit,
verification, or inspection by the Auditor General. A law enforcement agency may not detain an alien
who is unlawfully present in the United States pursuant to an immigration detainer solely because the
alien witnessed or reported a crime or was a victim of a crime.
27
Finally, the requirements of s. 908.104,
F.S., do not apply when the alien who is unlawfully present is or has been a necessary witness or victim
of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter,
assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in
foreign labor contracting, blackmail, extortion, or witness tampering.
28
23
Chapter 2019-102, L.O.F. The law was challenged in City of South Miami v. DeSantis, 408 F.Supp.3d 1266 (S.D. Fla. Sept. 21,
2021). Three provisions were enjoined but severable from the remainder of the law. The case was appealed to the Eleventh Circuit
Court of Appeals on October 20, 2021, and is now pending.
24
“Law enforcement agency” means an agency in this state charged with enforcement of state, county, municipal, or federal laws or
with managing custody of detained persons in this state and includes municipal police departments, sheriffs’ offices, state police
departments, state university and college police departments, county correctional agencies, and the Department of Corrections. S.
908.102(4), F.S.
25
“Secure detention facility” means a state correctional facility as defined in s. 944.02, F.S., or a county detention facility or municipal
detention facility as defined in s. 951.23, F.S.
26
S. 908.104(4), F.S.
27
S. 908.104(7), F.S.
28
S. 908.104(8), F.S.
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Statewide Grand Jury Recommendations – Qualifying Victims
In January 2023, the Twenty-First Statewide Grand Jury reviewed county compliance with s. 908.104,
F.S., specifically the process by which inmates in some county jails seek to lift a detainer issued by
U.S. Immigration and Customs Enforcement. The Grand Jury concluded that s. 908.104(8), F.S., is
being intentionally and flagrantly abused, leading to the lifting of detainers contrary to the plain meaning
of the statute and the statute’s intent. The Grand Jury further found that unproven claims of being a
qualifying victim are being submitted and approved allowing county officials to disregard and lift federal
detainers. To combat further abuse, the Grand Jury concluded that s. 908.104(8), F.S, must be deleted
in its entirety and that s. 908.104(5), F.S., must be limited to crimes occurring in the United States and
be time barred to five years prior to an alien’s claim for relief under the statute. The Grand Jury also
found that persons seeking relief under the statute need to provide credible sworn supporting evidence
of eligibility.
29
Florida Racketeer Influenced and Corrupt Organization (RICO) Act
The Florida RICO Act
30
is the area of Florida law that governs the crime of “racketeering activity.”
31
The RICO Act defines a “pattern of racketeering activity” to mean engaging in at least two incidents of
racketeering conduct
32
having the same or similar intents, results, accomplices, victims, or methods of
commission or that otherwise are interrelated by distinguishing characteristics and are not isolated
incidents.
33
The RICO Act provides that it is unlawful for any person:
34
With criminal intent to receive any proceeds derived, directly or indirectly, from a pattern of
racketeering activity or through the collection of an unlawful debt
35
to use or invest, whether
directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or
use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in
the establishment or operation of any enterprise.
36
Through a pattern of racketeering activity or through the collection of an unlawful debt, to
acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real
property.
Employed by, or associated with, any enterprise to conduct or participate, directly or indirectly,
in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
To conspire or endeavor to violate any of the previously-described activity.
29
The Supreme Court of Florida, Second Presentment of the Twenty-First Statewide Grand Jury (s. 908.104, F.S.), https://efactssc-
public.flcourts.org/casedocuments/2022/796/2022-796_miscdoc_375408_e99.pdf (last visited Mar. 21, 2023).
30
Ss. 895.01-895.06, F.S.
31
S. 895.02(8), F.S., defines “racketeering activity” to include crimes that are chargeable by petition, indictment, or information under
the certain specified provisions of law, any conduct defined as “racketeering activity” in 18 U.S.C. § 1961, and any violation of Title
68, Florida Administrative Code, relating to the illegal sale, purchase, collection, harvest, capture, or possession of wild animal life,
freshwater aquatic life, or marine life, and related crimes.
32
At least one of such incidents of racketeering conduct must have occurred after October 1, 1977, and the last incident of
racketeering conduct must have occurred within five years after a prior incident. S. 895.02(7), F.S.
33
S. 895.02(7), F.S.
34
S. 895.03, F.S.
35
“Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in
this state in whole or in part because the debt was incurred or contracted in violation of specified Florida laws (e.g., various gambling
offenses) as well as any gambling activity in violation of federal law or in the business of lending money at a rate usurious under state
or federal law. S. 895.02(12), F.S.
36
“Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of
this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal
entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities. A criminal gang as defined in s.
874.03, F.S., constitutes an enterprise. S. 895.02(5), F.S.
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A person convicted of any of the illegal activities commits a first degree felony,
37
and may be subject to
civil remedies including forfeiture to the state of all property, including money, if the property is intended
for use in the course of, derived from, or realized through acts in violation of the Florida RICO Act.
38
In Bowden v. State, the Florida Supreme Court considered the definition of “pattern of racketeering
activity” in s. 895.02(7), F.S., construing the definition to not only require “similarity and interrelatedness
of racketeering activities,” but also “proof that a continuity of a particular criminal activity exists.”
39
The
court in Bowden reasoned that requiring continuity of criminal activity ensures that RICO prosecutions
are of professional or career criminals and not individuals who have committed minor crimes.
40
In cases where the defendant is charged under s. 895.03, F.S., Florida courts have analyzed the
continuity requirement by turning to U.S. Supreme Court precedent.
41
When considering the elements
necessary to satisfy the pattern requirement
42
of the federal RICO Act
43
in H.J. Inc. v. Northwestern Bell
Telephone Co., the U.S. Supreme Court held that the predicate offenses must amount to, or otherwise
constitute a threat of, continuing racketeering activity in order to establish a pattern.
44
The Court
described continuity as “both a closed- and open-ended concept, referring either to a closed period of
repeated conduct, or to past conduct that by its nature projects into the future with a threat of
repetition.”
45
Unauthorized Alien Transport Program
The Unauthorized Alien Transport Program within the Division of Emergency Management (DEM)
within the Executive Office of the Governor facilitates the transport of inspected unauthorized aliens
within the United States, consistent with federal law. DEM is authorized to contract for services to
implement the program. The program will expire on June 30, 2025.
46
Federal Immigration Enforcement
In 2019, the Legislature passed federal immigration enforcement legislation.
47
The law ensures that
state and local entities and law enforcement agencies cooperate with federal government officials to
enforce, and not obstruct, immigration laws. In its most general and broad terms, the law prohibits
sanctuary policies and requires law enforcement agencies to support the enforcement of federal
immigration law.
48
When local law enforcement agencies work with federal immigration officials, aliens
who have committed serious crimes are more easily identified and removed.
37
S. 895.04, F.S. A first degree felony is punishable by up to 30 years imprisonment and a $10,000 fine. Ss. 775.082 and 775.083,
F.S.
38
S. 895.05(2), F.S.
39
Bowden v. State, 402 So. 2d 1173, 1174 (Fla. 1981).
40
Id.
41
See State v. Lucas, 600 So. 2d 1093, 1094 (Fla. 1992) (reasoning that the state sufficiently alleged a threat of criminal activity to
constitute open-ended continuity as described by federal precedent).
42
18 U.S.C. § 1962 discusses prohibited activities, which all require a pattern of racketeering activity or collection of an unlawful
debt.
43
The Racketeer Influenced and Corrupt Organizations Act is found in 18 U.S.C. §§1961-1968.
44
H.J. Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 240 (1989).
45
Id. at 241.
46
Ch. 2023-3, Laws of Fla.
47
Ch. 2019-102, L.O.F. The law was challenged in City of South Miami v. DeSantis, 408 F.Supp.3d 1266 (S.D. Fla. Sept. 21, 2021).
Three provisions were enjoined but severable from the remainder of the law. The case was appealed to the Eleventh Circuit Court of
Appeals on October 20, 2021, and is now pending.
48
See ch. 908, F.S.
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DATE: 5/11/2023
Specifically, the law allows a law enforcement agency
49
to take the following actions with respect to
information regarding a person’s immigration status:
Sending the information to or requesting, receiving, or reviewing the information from a federal
immigration agency for purposes of ch. 908, F.S.
Recording and maintaining the information for purposes of ch. 908, F.S.
Exchanging the information with a federal immigration agency or another state entity, local
governmental entity, or law enforcement agency for purposes of ch. 908, F.S.
Using the information to comply with an immigration detainer.
Using the information to confirm the identity of a person who is detained by a law enforcement
agency.
Domestic Security
The mission of FDLE is to “promote public safety and strengthen domestic security by providing
services in partnership with local, state, and federal criminal justice agencies to prevent, investigate,
and solve crimes while protecting Florida’s citizens and visitors.”
50
FDLE’s Executive Director serves as
the Chief of Domestic Security in Florida and oversees Office of Domestic Security. The office works
with federal, state, and local officials to prepare for, prevent, protect, respond to, and recover from
domestic security incidents within or affecting the state.
51
The three primary components of Florida’s domestic security governance structure include:
52
Regional domestic security task forces.
Domestic security coordinating group.
Domestic security oversight council.
The regional domestic security task forces consist of local and multi-disciplinary representatives who
collectively support the domestic security mission and provide the necessary link between the state and
local communities. There are seven regional domestic security task forces located in Pensacola,
Tallahassee, Jacksonville, Orlando, Tampa, Ft. Myers, and Miami.
53
Regional domestic security task forces advise the FDLE and the Chief of Domestic Security on the
development and implementation of a statewide strategy to address prevention, preparation, protection,
response, and recovery efforts related to the state’s domestic security. The task forces also coordinate
the resources of local, state, and federal to ensure that such efforts are not fragmented and
duplicative.
54
The domestic security coordinating group (DSCG) provides the structure for federal, state, and local
response to domestic security incidents. The DSCG is made up of representatives and subject matter
experts from the regional domestic security task forces, designated urban areas, other key organization
liaisons and private sector representatives who come together to address domestic security incidents.
55
49
S. 908.102(4), F.S., defines a “law enforcement agency” to mean an agency in this state charged with enforcement of state, county,
municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departments,
sheriffs’ offices, state police departments, state university and college police departments, county correctional agencies, and the
Department of Corrections.
50
Florida Department of Law Enforcement, FDLE Home, About FDLE, available at https://www.fdle.state.fl.us/About-Us (last visited
Mar. 10, 2023).
51
S. 943.0311(1), F.S.
52
Florida Department of Law Enforcement, FDLE Home, Domestic Security, Domestic Security Organization, Organization¸
available at http://www.fdle.state.fl.us/Domestic-Security/Organization.aspx (last visited Mar.10, 2023).
53
Id.
54
S. 943.0312, F.S.
55
2021 Domestic Security Annual Report, Making Florida Safer, p. 3, available at https://www.fdle.state.fl.us/Domestic-
Security/Documents/2021DSAnnualReportFINAL.aspx (last visited Mar. 10, 2023).
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DATE: 5/11/2023
The domestic security oversight council was established in 2004 to provide direction, leadership, and
recommendations to the Governor and the Legislature on domestic security.
56
The council’s
membership is made up of voting and nonvoting members. Voting members include but are not limited
to the Executive Director of the Division of Emergency Management, the Attorney General, and the
Adjutant General of the Florida National Guard. Nonvoting membership includes but is not limited to,
the Executive Director of the Department of Highway Safety and Motor Vehicles, a representative of the
United States Coast Guard, and a special agency in charge from an office of the Federal Bureau of
Investigations within Florida.
57
The council duties include providing guidance to the regional domestic security task forces and the
DSCG with respect to statewide policies and operational protocols that support domestic security
efforts. The council must also review statewide or multiagency mobilizations and responses to major
domestic security incidents and recommend suggestions for training, improvement of response efforts,
or improvement of coordination within the state.
58
Employment Verification
Under the Immigration Reform and Control Act of 1986 (IRCA),
59
it is illegal for any United States
employer to knowingly:
Hire, recruit, or refer for a fee an alien knowing he or she is unauthorized to work;
Continue to employ an alien knowing he or she has become unauthorized; or
Hire, recruit or refer for a fee, any person (citizen or alien) without following the record keeping
requirements of the IRCA.
60
The employment verification process begins when an employee accepts an offer of employment.
61
Between this point and the employee’s first day on the job, an employee must present documents that
establish his or her identity and eligibility to work
62
by completing Section 1 of the Form I-9, which
requires the employee’s name, address, social security number (SSN), and citizenship status under
penalty of perjury.
63
By the end of the third day on the job, the employer is required to complete Section 2, which states
under penalty of perjury that certain employee-provided documents that establish the employee’s
eligibility were reviewed.
64
Most employers are not required to continue the verification of employment
eligibility process beyond this step. However, for those who choose to use or are required to use E-
Verify, the process continues.
E-Verify Federal Law
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),
65
which, among other provisions, created various employment eligibility verification programs, including
the Basic Pilot program, now referred to as E-Verify. E-Verify is an Internet-based system through
56
Id.
57
S. 943.0313(1), F.S.
58
S. 943.0313(5), F.S.
59
Pub. L. No. 99-603, 100 Stat. 3359.
60
8 U.S.C. s. 1324a.
61
U.S. Citizenship and Immigration Services, Complete and Correct Form I-9, https://www.uscis.gov/i-9-central/complete-and-
correct-form-i-9 (last visited Mar. 11, 2023).
62
An employer may rely on a U.S. passport; resident alien card, alien registration card, or other document designated by the U.S.
Attorney General that contains a photograph and other personal identifying information, authorizes employment in the U.S., and is
tamper resistant. Alternatively, an employer may review a combination of documents that establish the individual’s identity, e.g., a
SSN, and a document that establishes the individual’s identity, e.g., a driver’s license.
63
See 8 C.F.R. § 274a.2(b)(1)(i)(A).
64
8 U.S.C. s. 1324a. See 8 C.F.R. § 274a.2(b)(1)(ii).
65
Pub. L. No. 104-208.
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DATE: 5/11/2023
which an employer can verify that a newly hired employee is authorized to work in the United States. E-
Verify is administered by DHS in partnership with the Social Security Administration (SAA). It is free for
employers to use and provides an automated link to Government records to help employers confirm the
employment eligibility of new hires.
66
Originally, the program was available in five of the seven states that had the highest populations of
unauthorized aliens and was initially authorized for only 4 years. However, Congress has consistently
extended the program’s life. It expanded the program in 2004, making it available in all 50 states. In
2008, the federal government began requiring any entity that maintained or applied for federal contracts
to use E-Verify.
67
As of December 31, 2022, there were 1,093,292 employers enrolled in the system
with a usage rate of 16.51 percent and a total of 296,690 case checks for the calendar year. As of
March 2023, Florida accounts for 81,511 employer accounts with 66,385 actively enrolled employers.
68
To use the E-Verify system, an employer must open a “case” for the employee on the system and enter
basic information from the employee’s Form I-9 (name, address, SSN) into the case.
69
Then, the
system checks the submitted information to records that are available to the DHS and SSA, and issues
one of the following possible results to the employer:
Employment Authorized - The employee’s information matched records available to the DHS
and/or SSA.
E-Verify Needs More Time - This case was referred to the DHS for further verification.
Tentative Nonconfirmation (Mismatch) - Information did not match records available to the
DHS and/or SSA. Additional action is required.
Case in Continuance - The employee has contacted the DHS or visited an SSA field office, but
more time is needed to determine a final case result.
Close Case and Resubmit – The DHS or SSA requires that the employer to close the case
and create a new case for the employee. This result may be issued when the employee’s
United States passport, passport card, or driver’s license information is incorrect.
Final Nonconfirmation - E-Verify cannot confirm the employee’s employment eligibility after
the employee contacted the DHS or SSA, the time for resolving the case expired, or the DHS
closed the case without confirming the employee’s employment eligibility for some other
reason.
70
If the result is Tentative Nonconfirmation, then the employer must notify the employee, who must take
further action to verify his or her eligibility. If the result is E-Verify Needs More Time or Case in
Continuance, then the E-Verify system needs more time to process the case.
71
E-Verify Defenses for Employers
According to federal law, an employer using the I-9 Form, establishing good faith compliance with the
law, has established an affirmative defense that the person or entity has not violated the federal law
with respect to such hiring, recruiting, or referring.
72
66
U.S. Citizenship and Immigration Services, How do I use E-Verify? https://www.e-
verify.gov/sites/default/files/everify/guides/E4en.pdf (last visited Mar. 21, 2023).
67
E-Verify, History and Milestones, https://www.e-verify.gov/about-e-verify/history-and-milestones (last visited Mar. 21, 2023).
68
E-Verify, E-Verify Usage Statistics, click “Show the Data Table” for a download csv, https://www.e-verify.gov/about-e-verify/e-
verify-data/e-verify-usage-statistics and How To Find Participating Employers, https://www.e-verify.gov/about-e-verify/e-verify-
data/how-to-find-participating-employers?hiringstates[]=11&field_account_status_value=All&items_per_page=10 (last visited Mar.
21, 2023).
69
E-Verify, Verification Process, for details on how the system works, https://www.e-verify.gov/employers/verification-process (last
visited Mar. 21, 2023). Before using E-Verify, an employer must enroll and sign a Memorandum of Understanding that provides the
terms of agreement between the employer and the DHS. See E-Verify, The E-Verify Memorandum of Understanding for Employers,
https://www.e-verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last visited Mar. 21, 2023).
70
Id.
71
Id.
72
8 U.S.C. s. 1324a(a)(3).
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DATE: 5/11/2023
An employer taking the additional steps to use the E-Verify system to verify employment eligibility may
establish a rebuttable presumption that the person or entity has not violated the federal law with respect
to such hiring, recruiting, or referring.
73
The IRCA provides sanctions to be imposed on employers who knowingly employ aliens who are not
authorized to work.
74
Federal law contains no criminal sanction for working without authorization,
although document fraud is a civil violation.
75
The United States Citizenship and Immigration Services
(USCIS) enforces these provisions.
76
E-Verify Results in 2022
In 2022, E-Verify processed 48,042,413 cases, 98.43 percent of which were automatically confirmed as
“work authorized.” Another 1.61 percent were confirmed after an initial “mismatch” and of these 1.54
percent were ultimately found to be not work authorized.
77
In the remaining 1.54 percent of cases, the employees were not found to be authorized to work in the
United States. The majority of these were cases that were not resolved by the end of 2019 for various
reasons, including because the case was awaiting further action by either the employer or employee at
the end of the fiscal year or because the employer closed the case as “self-terminated.”
78
E-Verify Operational Disturbances
During the January 2019 partial federal government shut down, the E-Verify system was unavailable.
As a result, employers were unable to enroll in E-Verify, contact customer support representatives,
create an E-Verify case, or view or take action on a case, among other functions.
79
The DHS issued
guidance that extended the 3-day rule to permit employers additional time to submit new employee
information to E-Verify and gave employees additional time to resolve a case.
80
E-Verify Florida Law
Since January 1, 2021, in Florida, all public employers and their contractors and subcontractors have
been required to register and use E-Verify to verify the work authorization status of all newly hired
employees.
81
Subcontractors must provide an affidavit to their contractor stating that they do not
73
8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation.
74
8 U.S.C. s. 1324a(a)(1)-(2).
75
8 U.S.C. s. 1324c.
76
8 U.S.C. s. 1324a.
77
E-Verify, E-Verify Performance, https://www.e-verify.gov/about-e-verify/e-verify-data/e-verify-performance (last visited
Mar. 21, 2023).
78
Id.
79
National Law Review, When the Government Shuts Down: The Impact on E-Verify, I-9’s, and Visas, January 25, 2019,
https://www.natlawreview.com/article/when-government-shuts-down-impact-e-verify-i-9-s-and-visas (last visited Mar. 21, 2023).
80
U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, E-Verify Resumes Operation,
January 27, 2019, https://www.e-verify.gov/e-verify-resumes-operation (last visited Mar. 21, 2023). Due to the lapse in federal
funding, the E-Verify system was not in operation from December 22, 2018, to January 26, 2019. E-Verify restarted on Sunday,
January 27, 2019. Department of Homeland Security, U.S. Citizenship and Immigration Services, January 2019, E-Verify Incidents,
April 23, 2019, https://www.e-verify.gov/about-e-verify/e-verify-data/e-verify-enhancements/january-2019 (last visited Mar. 21,
2023).
81
S. 448.095(2), F.S. This section was enacted in 2020. Previously, pursuant to Executive Order 11-116, state agencies under the
direction of the Governor were required to use E-Verify for all newly hired employees. The order also required an agency to include a
provision in contracts to require a contractor (and any subcontractors) to use E-Verify for all new hires for the duration of the contract.
State of Florida, Office of the Governor, Executive Order No. 11-116, May 27, 2011,
http://edocs.dlis.state.fl.us/fldocs/governor/orders/2011/11-116-suspend.pdf (last visited Mar. 21, 2023).
STORAGE NAME: h1617z1.DOCX PAGE: 13
DATE: 5/11/2023
employ, contract with, or subcontract with unauthorized aliens. The contractor must keep a copy of
such affidavit for the duration of the contract.
82
Since January 1, 2021, in Florida, private employers have been required to use the I-9 Form or E-Verify
or a substantially equivalent system to verify that new hires or retained contract employees are
authorized to work in the United States.
83
If the employer uses the I-9 system, the employer must retain
a copy of the documentation for at least 3 years after the individual’s initial date of employment.
84
The
law applies to all private employers and does not appear to specify application based on a minimum
amount of employees.
A private employer that complies with the law may not be held civilly or criminally liable under state law
for hiring, continuing to employ, or refusing to hire an unauthorized alien if the information obtained
indicated that the individual’s work authorization status was not that of an unauthorized alien. Further,
using either the I-9 Form or E-Verify creates a rebuttable presumption that the private employer did not
knowingly employ an unauthorized alien.
85
A person may not knowingly employ, hire, recruit, or refer an alien for private or public employment
within the state if the alien is not authorized to work under “the immigration laws” or by the United
States Attorney General.
86
A first offense of this prohibition is a noncriminal violation punishable by a
fine of up to $500, regardless of the number of aliens with respect to which the violation occurred; each
subsequent offense is a second degree misdemeanor, punishable by up to 60 days in jail and a fine not
to exceed $500, with each unauthorized alien employed as a separate violation.
87
The FDLE, the Attorney General, a state attorney, or the statewide prosecutor is authorized to request
documentation from a private employer used to verify an individual’s employment eligibility. Ultimately,
the federal government’s determination of verification of an individual’s employment status stands and
one of the authorized state agencies may not make an independent determination as to whether a
person is an unauthorized alien.
88
A private employer that does not use the I-9 Form or E-Verify, or does not maintain the I-9 Form
documentation for three years, will be required by the DEO to provide an affidavit stating that the
private employer will comply with the law, has terminated the employment of all unauthorized aliens in
this state, and will not intentionally or knowingly employ an unauthorized alien in this state.
89
If the private employer does not provide the required affidavit within 30 days after the request by the
DEO, the appropriate licensing agency
90
must suspend all applicable licenses held by the private
employer until the private employer provides the DEO with the required affidavit. If a private employer
does not provide the required affidavit within the required time period three times within any 36-month
period, then the appropriate licensing agency must revoke all applicable licenses held by the private
employer. The licenses subject to suspension or revocation are:
All licenses that are held by the private employer specific to the business location where the
unauthorized alien performed work.
82
S. 448.095(2)(b), F.S.
83
S. 448.095(3), F.S., provides that a private employer does not include a public employer, an employee leasing company that has a
written agreement or understanding with its client company that places the primary obligation for compliance with this section upon
the client company; or an occupant or owner of a private residence that hires casual labor or a licensed independent contractor.
84
S. 448.095(3), F.S.
85
Id.
86
S. 448.09(1), F.S.
87
S. 448.09(2), F.S. See ss. 775.082 and 775.083, F.S.
88
S. 448.095(3), F.S.
89
Id.
90
The term “agency” means any agency, department, board, or commission of this state or a county or municipality in this state that
issues a license to operate a business in this state.
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DATE: 5/11/2023
If the private employer does not hold a license specific to the business location where the
unauthorized alien performed work, but a license is necessary to operate the private employer’s
business in general, then the provision applies to all licenses that are held by the private
employer at the private employer’s primary place of business.
91
E-Verify in Other States
Currently, 22 states require the use of E-Verify for at least some public and/or private employers. These
states include Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan,
Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina,
Tennessee, Texas, Utah, Virginia and West Virginia.
92
The following states require private employers, as well as public employers and their contractors and
subcontractors, to use E-Verify: North Carolina;
93
Mississippi;
94
Georgia;
95
Arizona;
96
Alabama;
97
Utah;
98
and South Carolina.
99
The following states require only public employers and their contractors to use E-Verify: Indiana;
100
Nebraska;
101
Missouri;
102
Colorado;
103
Oklahoma;
104
Texas;
105
and Virginia.
106
Some states’ approaches do not fall squarely into the above categories. For example, Tennessee
requires only private employers that have 50 or more employees to use E-Verify.
107
Pennsylvania
requires public contractors and private construction employers to use E-Verify.
108
In Michigan, only
contractors of the Michigan Department of Transportation must use E-Verify.
109
Finally, West Virginia
requires contractors whose employees work on the Capitol grounds to use E-Verify.
110
County and Municipal Community ID Cards
Article VIII of the Florida Constitution establishes the authority for home rule by counties and
municipalities. Pursuant to general or special law, a county government may be adopted by charter
approved by the county voters.
111
A county without a charter has such powers of self-government as
91
Id.
92
National Conference of State Legislatures, State E-Verify Action, https://www.ncsl.org/immigration/state-e-verify-action (last
visited Mar. 21, 2023).
93
N.C.G.S. § 160A-169.1 (municipalities); 153A-99.1 (counties); 143-48.5, 143-133.3 (public contractors); 64-26 (private employers
that have more than 25 employees); 126-7.1 (state agencies).
94
Miss. Code § 71-11-3.
95
Ga. Code § 13-10-91 (public employers and contractors); 36-60-6 (private employers that have more than 10 employees).
96
Ariz. Rev. Stat. § 41-4401 (public contractors); 23-214 (private and public employers).
97
Ala. Code § 31-13-15.
98
Utah Code § 63G-12-301 (private employers having 15 or more employees, unless the employee has a guest worker permit), 63G-
12-302 (public employers and contractors). Under both statutes, the employers may use E-Verify or another federal verification
program.
99
S.C. Code § 41-8-20 (private employers); 8-14-20 (public employers and contractors).
100
Ind. Code § 22-5-1.7-11.1.
101
Nev. Rev. St. § 4-114.
102
Miss. Stat. § 285.530.
103
Colo. Rev. Stat. § 8-17.5-102.
104
25 Okl. St. § 1313 (public employers and contractors must use E-Verify or another federal verification program).
105
Tex. Nat. Res. Code § 81.072 (public contractors); Tex. Gov. Code § 673.002 (state agencies)
106
Va. Code § 40.1-11.2 (state agencies), 2.2-4308.2 (public contractors).
107
Tenn. Code § 50-1-703.
108
43 Penn. Stat. § 167.3 (public contractors); 43 Penn. Stat. §168.3 (private construction employers).
109
Act 200, Public Acts of 2012, Sec. 381.
110
W. Va. Code, § 15-2D-3.
111
S. 125.60, F.S.
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DATE: 5/11/2023
provided by general
112
or special law.
113
A county with a charter has all powers of self-government not
inconsistent with general law or special law approved by the county voters.
114
The Florida Constitution
provides unique authorization
115
for specific home rule charters including those of Duval
116
and Miami-
Dade Counties.
117
Currently, 20 Florida counties have adopted charters.
118
Municipalities have all governmental, corporate, and proprietary powers necessary to conduct
municipal government, functions, and services, and may exercise any power for municipal purposes
119
except as otherwise provided by general law.
120
Counties and municipalities are authorized to set and control their respective budgets subject to
general law.
121
For example, all county and municipal budgets must be balanced.
122
A county commissioner voting to approve paying an illegal charge or claim not authorized by law is
guilty of malfeasance
123
and is subject to suspension by the Governor.
124
A clerk of the court serving as
county auditor
125
who willfully or knowingly signs a warrant to pay an illegal charge is personally liable
for the entire amount of such payment.
126
An elected or appointed municipal official who commits
malfeasance or misfeasance in office also is subject to gubernatorial suspension.
127
Recently, certain private organizations, like the FaithAction International House, in conjunction with
local communities, have been issuing community IDs, with the goal of providing ID cards to individuals
who may not currently have access to government issued forms of ID, including new immigrants and
refugees, homeless and elderly individuals, and those recently returning from jail. According the
FaithAction International House webpage, “The FaithAction ID provides card holders with a verifiable
form of identification that can be used as a tool by law enforcement, health centers, schools, nonprofits,
businesses, and cultural arts organizations to better identify, serve, and protect them.”
128
FaithAction
International House provides that ID card is not a state issued form of identification, which is noted on
the back of the card; therefore it cannot be used to vote, does not entitle the cardholder to any social
welfare benefits; does not have any impact on an individual’s immigration status. Individuals may pay a
112
Ch. 125, Part I, F.S.
113
Art. VIII, s. 1(f), FLA. CONST.
114
Art. VIII, s. 1(g), FLA. CONST.
115
Article VIII, s. 6(e), FLA. CONST., incorporating by reference ss. 9, 10, 11, 24 from article VIII of the 1885 Constitution, states that
these specific provisions respectively for Duval, Miami-Dade, Monroe, and Hillsborough Counties “shall remain in full force and
effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule
plan pursuant to this article.”
116
The consolidated government of the City of Jacksonville was created by ch. 67-1320, Laws of Florida, adopted pursuant to Art.
VIII, s. 9, FLA. CONST. (1885).
117
Effectively, the Miami Dade Charter can only be altered through constitutional amendment, general law, or County actions
approved by referendum. Chase v. Cowart, 102 So. 2d 147, 149-50 (Fla. 1958).
118
Alachua, Brevard, Broward, Charlotte, Clay, Columbia, Duval (consolidated government with the City of Jacksonville, ch. 67-
1320, Laws of Fla.), Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole,
Volusia, and Wakulla Counties. The Local Government Formation Manual, Appendix C, p. 106, at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3227&Session=2023&D
ocumentType=General+Publications&FileName=2022+Local+Government+Formation+Manual.pdf (last visited March 17, 2023).
119
S. 166.021(2), F.S., which defines “municipal purpose” as “any activity or power which may be exercised by the state or its
political subdivisions.”
120
Art. VIII, s. 2(b), FLA. CONST.
121
See ss. 129.01, 129.02, F.S. for counties, s. 166.241, F.S., for municipalities.
122
Ss. 129.01(2)(b), 166.241(2), F.S.
123
S. 129.08, F.S.
124
Art. IV, s. 7, FLA. CONST.
125
Art. VIII, s. 1(d), FLA. CONST.
126
S. 129.09, F.S.
127
S. 112.51, F.S.
128
FaithAction International House, FaithAction ID Program and Network, https://faithaction.org/faithaction-id-program-and-
network/ (last visited Mar. 21, 2023).
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DATE: 5/11/2023
small fee for the card, or the card may be issued for free, and must attend an ID drive event that
provide an orientation on the benefits and limitations of the card.
129
In Florida, several local governments have partnered with organizations to offer Community ID cards. In
2019 the City of West Palm Beach passed a resolution authorizing the city to accept identification cards
issued by People Engaged in Active Community Efforts, affiliated with Legal Aid in Palm Beach County.
The city appropriated $40,000 to the program to issue identification cards to those without access to
other forms of identification, including undocumented immigrants. Cards are issued under this program
for a fee of $20.
130
On January 31, 2023, the Board of County Commissioners for Miami-Dade County adopted a plan to
fund $200,000 to Branches, a non-profit tax preparation entity, to issue county identification cards to
those without access to other forms of identification, including individuals who are homeless or who are
undocumented immigrants.
131
Broward County approved a program for Legal Aid Service of Broward County to issue the Broward
Community ID Card for a fee of $20. The card is provided to individuals who can present a particular
form of current or expired identification
132
and prove they are a Broward County resident with an
address effective within the past three months. The program cautions that the card neither authorizes
driving or entitlement to social welfare benefits nor affects the cardholder’s immigration status.
133
The City of Aventura and other municipalities offer resident ID cards that are conditioned on
presentation of a government-issued ID like a valid driver’s license or passport and proof of residency.
Cardholders can access discounted rates at fishing piers, city-owned recreational facilities, reduced
pricing on programs and activities, and free entrance to certain events. Cards may require a small fee
or may be provided for free and require renewal annually or may be valid for up to three years,
depending on the locality.
134
Driver Licenses
Current law prohibits a person from driving any motor vehicle upon a Florida highway unless such
person has a valid driver license issued under ch. 322, F.S.
135
However, an individual is exempt from
obtaining a Florida driver license if he or she is a nonresident who is:
136
At least 16 years of age and possesses a valid noncommercial driver license issued to him or
her in his or her home state or country and operating a type of motor vehicle for which a Class E
driver license is required in this state.
At least 18 years of age and possesses a valid noncommercial driver license issued to him or
her in his or her home state or country and operating a motor vehicle, other than a commercial
motor vehicle, in this state.
129
Id.
130
WPTV West Palm Beach, New IDs for undocumented immigrants in Palm Beach County, https://www.wptv.com/news/local-
news/immigrants-in-south-florida/new-ids-for-undocumented-immigrants-in-palm-beach-county (last visited Mar. 21, 2023).
131
Newsweek, Florida County to Issue IDs to Undocumented Immigrants Through Third Party, https://www.newsweek.com/florida-
county-issue-ids-undocumented-immigrants-through-third-party-1675585 (last visited Mar. 21, 2023).
132
Examples given include a passport, driver’s license, foreign national ID, consular or embassy ID, or military ID.
133
Legal Aid Service of Broward County, Broward Community ID, https://www.browardlegalaid.org/communityid/ (last visited
March 17, 2023).
134
City of Aventura, Aventura ID Card, https://www.cityofaventura.com/221/Aventura-ID-Card; City of Delray Beach, Residency
(Activities) Identification Cards, https://www.delraybeachfl.gov/government/city-departments/city-clerk/residency-identification-
cards; City of Sunny Isles Beach, Resident ID Card, https://www.sibfl.net/ccs/residentid/; The Villages, Resident ID Card
Information, https://districtgov.org/departments/Community-Service/idCards.aspx (last visited Mar. 21, 2023).
135
See s. 322.03, F.S.
136
S. 322.04(1)(c) and (d), F.S.
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Current law establishes requirements governing the issuance of driver licenses by DHSMV.
137
An
applicant for a driver license or identification card is required to provide his or her SSN for the purpose
of identification. This information is electronically verified with the federal SSA to confirm identity, as
required by the Real ID Act of 2005. Applicants are required to provide proof of identity that is
satisfactory to the DHSMV. The following documents constitute acceptable proof of identification:
138
A certified copy of a United States birth certificate;
A valid, unexpired passport or passport card;
A Certificate of Naturalization issued by the DHS;
A valid, unexpired alien registration receipt card (green card);
A Consular Report of Birth Abroad; and
A valid, employment authorization card issued by the DHSMV.
DHSMV is authorized to require an applicant for an original driver license to produce certain DHS or
foreign documents to prove nonimmigrant classification for the sole purpose of establishing continuous
lawful presence in the United States.
139
DHSMV is authorized to waive the Class E knowledge (written) and skills requirements if an applicant
for an original driver license presents a valid driver license from another state, province of Canada, or
the United States Armed Forces when applying for a Florida driver license of equal or lesser
classification.
140
Driver License Compact and Reciprocity
The Driver License Compact was created to provide uniformity among member jurisdictions when
exchanging information with other members on convictions, records, licenses, withdrawals, and other
data pertinent to the licensing process. Uniformity helps ease administrative costs and meets the
underlying tenet of the agreement that each driver nationwide have only one driver license and one
driver control record.
DHSMV is authorized to enter into reciprocal driver license agreements with other jurisdictions within
the United States and its territories and possessions and with foreign countries or political entities
equivalent to Florida state government within a foreign country.
141
Generally, valid driver licenses
issued by any state in the United States are valid when visiting another state. However, exceptions do
exist for state-specific laws, such as required driving ages.
142
States Issuing Driver Licenses to Undocumented Immigrants
States issue driver’s licenses under the constitutional authority of the 10th Amendment. In 2005,
Congress enacted the Real ID Act, creating standards for state-issued driver’s licenses, including
evidence of lawful status. Currently, 18 states and the District of Columbia have enacted laws to allow
undocumented immigrants to obtain driver’s licenses. These states include, California, Colorado,
Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico,
New York, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington. The states issue a license
(or a “driving privilege card”) if an applicant provides certain documentation, such as a foreign birth
certificate, foreign passport, or consular card and evidence of current residency in the state.
143
137
See s. 322.08, F.S.
138
S. 322.08(2)(c), F.S.
139
S. 322.08(2)(c)8., F.S.
140
S. 322.12, F.S.
141
S. 322.02(4), F.S.
142
FindLaw, Driver’s Licenses FAQ, November 27, 2017, https://www.findlaw.com/traffic/drivers-license-vehicle-info/driver-s-
licenses-faq.html (last visited Mar. 21, 2023).
143
National Conference of State Legislatures, States Offering Driver’s Licenses to Immigrants, January 16, 2023,
https://www.ncsl.org/immigration/states-offering-drivers-licenses-to-immigrants (last visited Mar. 21, 2023).
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Since 1993, beginning in the State of Washington, states have offered undocumented immigrants the
ability to obtain a state driver license to encourage otherwise unlicensed drivers to pass driver license
testing and obtain vehicle insurance.
144
Following the Real ID Act, noncompliant cards must have a recognizable feature on their face to
distinguish the license from those issued to legal residents. Possession of a Real ID compliant driver
license is not federally required for operating a motor vehicle. The DHS cautions against assuming that
possession of a noncompliant card indicates that an individual is undocumented. Individuals may
choose to obtain a noncompliant card for reasons unrelated to lawful presence in the United States.
145
Admission to Practice Law
In 2014 the Legislature authorized applicants to the Florida Bar who are unauthorized immigrants to be
admitted to the Bar by the Florida Supreme Court if certain conditions are met.
146
The Legislature acted
following an advisory opinion from the Florida Supreme Court that related to whether undocumented
immigrants are eligible for admission to the Florida Bar.
147
The Court held that federal law prohibits
specified categories of aliens from obtaining certain public benefits, which includes a professional
license that is provided by appropriated funds of a state. However, the federal law in question allows a
state to provide such a benefit through the enactment of a state law that affirmatively provides for such
eligibility.
148
Current law allows the Florida Supreme Court to admit an applicant for admission to the Florida Bar if
such applicant has:
149
Been brought to the United States as a minor;
Been present in the United States for more than 10 years;
Received documented employment authorization from the U.S. Citizenship and Immigration
Services;
Been issued a SSN;
Registered with the Selective Service System if required to do so under the federal Military
Selective Service Act; and
Otherwise fulfilled all requirements for admission to practice law in this state.
Statewide DNA Database
The Legislature established the Statewide DNA database (statewide database) in 1989, which is
administered by the Florida Department of Law Enforcement (FDLE) and capable of classifying,
matching, and storing analyses of DNA and other biological material and related data.
150
The statewide
database contains DNA samples, including those:
151
Submitted by persons convicted of or arrested for felony offenses and specified misdemeanor
offenses; and
Necessary for identifying missing persons and unidentified human remains, including samples
voluntarily contributed by relatives of missing persons.
144
Britannica ProCon, States (and DC) That Allow Undocumented Immigrants to Obtain Driver’s Licenses, November 14, 2022,
States (and DC) That Allow Undocumented Immigrants to Obtain Driver's Licenses - Immigration - ProCon.org (last visited Mar. 21,
2023).
145
Department of Homeland Security, Real ID Frequently Asked Questions for the Public, https://www.dhs.gov/archive/real-id-
public-faqs (last visited Mar. 21, 2023).
146
Chapter 2014-35, L.O.F.
147
Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants are Eligible for Admission to the Florida
Bar. No. SC11-2568 (Mar. 6, 2014).
148
8 U.S.C. s. 1621(d) (2012).
149
S. 454.021(3), F.S.
150
Ch. 89-335, Laws of Fla., codified in s. 943.325, F.S.
151
S. 943.325(3), F.S.
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All accredited local government crime laboratories in Florida have access to the statewide database in
accordance with rules and agreements established by FDLE.
152
Local laboratories can access the
statewide database through the FBI’s Combined DNA Index System (CODIS),
153
allowing for the
storage and exchange of DNA records submitted by federal, state, and local forensic DNA
laboratories.
154
The statewide database may contain DNA data obtained from the following types of biological
samples:
155
Crime scene samples.
Samples required by law to be obtained from qualifying offenders.
Samples lawfully obtained during the course of a criminal investigation, including those from
deceased victims or deceased suspects.
Samples from unidentified human remains.
Samples from persons reported missing.
Samples voluntarily contributed by relatives of missing persons.
Other samples approved by FDLE.
A “qualifying offender” is defined as any person, including a juvenile or adult:
156
Who is:
o Committed to a county jail;
o Committed to or under the supervision of the Department of Corrections (DOC),
including a private correctional institution;
o Committed to or under the supervision of the Department of Juvenile Justice (DJJ); or
o Transferred to Florida under the Interstate Compact on Juveniles or the Interstate
Corrections Compact; and
Who is:
o Convicted of any felony offense or attempted felony offense in Florida or a similar
offense in another jurisdiction;
o Convicted of a specified misdemeanor violation;
157
or
o Arrested for any felony offense or attempted felony offense in Florida.
158
A qualifying offender is required to submit a DNA sample for inclusion in the statewide database if he or
she is:
Arrested in Florida;
Incarcerated in Florida; or
On probation, community control, parole, conditional release, control release, or any other type
of court-ordered supervision in Florida.
159
152
S. 943.325(4), F.S.
153
“CODIS” means the Federal Bureau of Investigation's Combined DNA Index System that allows the storage and exchange of DNA
records submitted by federal, state, and local forensic DNA laboratories. S. 943.325(2)(b), F.S.
154
S. 943.325(2), F.S.
155
S. 943.325(6), F.S.
156
S. 943.325(2)(g), F.S.
157
Including a misdemeanor violation of s. 784.048 (stalking), s. 810.14 (voyeurism), s. 847.013 (exposing minors to harmful motion
pictures, exhibitions, shows, presentations, or representations), s. 847.0135 (owner or operator of computer service used for child
pornography violation), or s. 877.26 (observing or taping in dressing room), or an offense that was found, pursuant to s. 874.04, to
have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874. 03.
See s. 943.325(2)(g)2.b., F.S.
158
S. 943.325(2)(g), F.S.
159
S. 943.325(7), F.S.
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An arrested offender is required to submit a DNA sample at the time he or she is booked into a jail,
correctional facility, or juvenile facility. An incarcerated person and a juvenile in the custody of DJJ must
submit a DNA sample at least 45 days before his or her presumptive release date.
160
FDLE is required to retain all DNA samples submitted to the statewide database and such samples
may be used for any lawful purpose.
161
Because submission requirements have been expanded since
the creation of the statewide database, an offender arrested or convicted before the enactment of the
current requirements may not have submitted a DNA sample at the time of his or her initial booking.
FDLE specifies database procedures to maintain compliance with national quality assurance standards
to ensure that DNA records will be accepted into the National DNA Index System (NDIS).
162
Results of
any DNA analysis must be entered into the statewide database and may only be released to criminal
justice agencies. Otherwise, the information is confidential and exempt from state public records
disclosure requirements under s. 119.07(1), F.S., and article I, s. 24(a), of the Florida Constitution.
163
The collection of samples from a person booked into a jail, correctional facility, or juvenile facility for a
felony has been a phased-in process. The process started in January 2011 and was completed
2020.
164
Heath Data
In response to Executive Order No. 21-223, AHCA issued a corresponding data request to all Florida
hospitals with an attached questionnaire.
165
On August 18, 2022, AHCA reported the results of the data
request finding that total costs attributed to illegal aliens were $312.92 million and that hospitals were
paid for $103.49 million of those costs. The local funds expended for inpatient and outpatient services
cost $700,000, while state and federal funds expended were $104.91 million and $5.30 million,
respectively. The report also stated that 142 of 316 facilities indicated that charity care provided
included illegal aliens.
166
There is some indication that the reported data may be incomplete, however,
as many health care facilities do not question patients about their immigration status and struggled to
meet the data reporting requirement.
167
Hospitals
Hospitals are regulated by the AHCA under ch. 395, F.S., and the general licensure provisions of part
II, of ch. 408, F.S. Hospitals offer a range of health care services with beds for use beyond 24 hours by
individuals requiring diagnosis, treatment, or care.
168
Hospitals must make regularly available at least
clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical
care, or other definitive medical treatment.
169
160
Id.
161
Id.
162
The DNA Index System is a national index of permissible DNA records input by federal, state and local participating criminal
justice agency forensic laboratories, FBI FAQ, https://www.fbi.gov/how-we-can-help-you/dna-fingerprint-act-of-2005-expungement-
policy/codis-and-ndis-fact-sheet (last visited Mar. 21, 2023).
163
S. 943.325(14), F.S.
164
S. 943.325(3)(b), F.S. and FDLE Long Range Program Plan, September 30, 2021, p. 12,
http://floridafiscalportal.state.fl.us/Document.aspx?ID=23192&DocType=PDF (last visited Mar. 21, 2023).
165
Agency for Health Care Administration, AHCA Data Request - EO 21-223,
https://ahca.myflorida.com/content/download/4724/file/AHCA_Data_Request-EO_21-223.pdf (last visited Mar. 21, 2023).
166
Agency for Health Care Administration, Cost of Services on the Health Care System, Executive Order 21-223, Data for SFY 2020-
2021, August 18, 2022, https://ahca.myflorida.com/content/download/20792/file/Executive_Order_21-223_Update_01302023.pdf
(last visited Mar. 21, 2023).
167
Hospitals unable to meet undocumented patient data demand from Gov. DeSantis, The Gainesville Sun, Javon L. Harris, June 9,
2022, https://www.gainesville.com/story/news/2022/06/09/florida-hospitals-unable-meet-immigration-data-demand-
desantis/7499186001/ (last visited Mar. 21, 2023).
168
S. 395.002(12), F.S.
169
Id.
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AHCA must maintain an inventory of hospitals with an emergency department.
170
The inventory must
list all services within the capability of each hospital, and such services must appear on the face of the
hospital’s license. As of March 2, 2023, there were 323 licensed hospitals in the state.
171
AHCA is authorized to adopt rules for the licensing and regulation of hospitals.
172
Separate standards
may be provided for general and specialty hospitals.
173
The rules for general and specialty hospitals
must include minimum standards to ensure:
174
A sufficient number of qualified types of personnel and occupational disciplines are on duty and
available at all times to provide necessary and adequate patient care;
Infection control, housekeeping, sanitary conditions, and medical record procedures are
established and implemented to adequately protect patients;
A comprehensive emergency management plan is prepared and updated annually;
Licensed facilities are established, organized, and operated consistent with established
standards and rules; and
Licensed facility beds conform to minimum space, equipment, and furnishing standards.
The minimum standards for hospital licensure are contained in Chapter 59A-3, F.A.C.
The Emergency Medical Treatment and Labor Act
In 1986, Congress enacted the Emergency Medical Treatment and Labor Act (EMTALA) to ensure
public access to emergency services regardless of ability to pay.
175
Section 1867 of the Social Security
Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to
provide a medical screening examination when a request is made for examination or treatment for an
emergency medical condition (EMC), including active labor, regardless of an individual’s ability to pay.
Hospitals are then required to provide stabilizing treatment for patients with EMCs. If a hospital is
unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer
should be implemented.
176
Impermissible Delays
EMTALA prohibits a participating hospital from delaying providing the appropriate medical screening
examination or treatment required for specified reasons. The act allows a hospital to follow “reasonable
registration processes;” however, such registration processes “may not unduly discourage individuals
from remaining for further evaluation.”
177
Interpretive guidelines issued by the federal Centers for
Medicare and Medicaid Services for these provisions state that “the registration process permitted in
the dedicated [emergency department] typically consists of collecting demographic information,
insurance information, whom to contact in an emergency and other relevant information.”
178
Proposed Changes
170
S. 395.1041(2), F.S.
171
Agency for Health Care Administration, Florida Health Finder Report,
https://quality.healthfinder.fl.gov/facilitylocator/ListFacilities.aspx (last visited Mar. 21, 2023).
172
See s. 395.1055, F.S.
173
S. 395.1055(2), F.S.
174
S. 395.1055(1), F.S.
175
See 42 U.S. Code § 1395dd.
176
Centers for Medicare and Medicaid Services, Emergency Medical Treatment & Labor Act (EMTALA),
https://www.cms.gov/regulations-and-guidance/legislation/emtala (last visited Mar. 21, 2023).
177
See 42 CFR s. 489.24(d)(4)(iv).
178
Centers for Medicare and Medicaid Services, State Operations Manual Appendix V – Interpretive Guidelines – Responsibilities of
Medicare Participating Hospitals in Emergency Cases, p. 56, https://www.cms.gov/Regulations-and-
Guidance/Guidance/Manuals/Downloads/som107ap_v_emerg.pdf (last visited Mar. 21, 2023).
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ID Cards
The bill prohibits counties and municipalities from providing funding to any person, entity, or
organization for the purpose of issuing an identification card or document to an individual who cannot
provide proof of lawful presence in the United States. The bill does not prohibit counties or
municipalities from accepting such identification produced by a third party for local governmental
purposes.
Driver Licenses
The bill provides that if a driver license is of a class of licenses issued by another state exclusively to
undocumented immigrants who are unable to prove lawful presence in the United States when the
license was issued, the driver license, or other permit purporting to authorize the holder to operate a
motor vehicle on public roadways, is invalid in this state and does not authorize the holder to operate a
motor vehicle in this state. Such classes of licenses include licenses that are issued exclusively to
undocumented immigrants or licenses that are substantially the same as licenses issued to citizens,
residents, or those lawfully present in the United States but have markings establishing that the license
holder did not exercise the option of providing proof of lawful presence.
The bill requires a law enforcement officer or other authorized representative of DHSMV who stops a
person driving with such an invalid license to issue a citation to the driver for driving without a license in
violation of s. 322.03, F.S., which provides that a person convicted of a violation of ch. 322, F.S., is
guilty of a second degree misdemeanor, punishable by a fine of up to $500 or a term of imprisonment
of up to 60 days.
179
In order to facilitate the enforcement of the new provision related to invalid licenses issued by other
states to undocumented immigrants and to aid in providing notice to the public and visitors of these
invalid licenses, the bill requires DHSMV to maintain on its website a list of out-of-state classes of driver
licenses that are invalid in this state.
The bill revises the circumstances under which certain nonresidents are exempt from obtaining a
Florida driver license to specify that the nonresident’s license must not be invalid under the new
provisions contained in s. 322.033, F.S., relating to proof of the licensee’s lawful presence in the United
States.
Health Data
The bill requires any hospital that accepts Medicaid to include a question on its patient admission or
registration forms, that may be answered by the patient or the patient’s representative, inquiring about
whether the patient is a United States citizen, is lawfully present in the United States, or is not lawfully
present in the United States. The question must be followed by a statement indicating that the response
to the question will not affect patient care or result in a report of the patient’s immigration status to
immigration authorities.
The bill requires each hospital to provide a quarterly report to AHCA, within 30 days of the end of each
quarter, detailing the number of admissions or emergency department visits by patients who responded
to the required question. AHCA must, in turn, provide a report to the Governor and the Legislature by
March 1 of each year compiling the data received from the hospitals. The annual report must describe
the costs of uncompensated care provided to patients not lawfully in the country, the impact of
uncompensated care on the cost or ability of hospitals to provide services to the public and on hospital
funding needs, and other related information.
179
See ss. 775.082 or 775.083, F.S.
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AHCA is authorized to adopt rules specific to the format of the quarterly report and the format of the
question that hospitals must include on their admission or registration forms. The bill specifies that the
rules may not require disclosure of patient names or other personal identifying information to AHCA.
Employment Prohibitions
Effective July 1, 2024, the bill amends penalties for violation of laws prohibiting the employment of
unauthorized aliens, as follows:
If DEO finds or is notified by FDLE, the Attorney General, the state attorney in the circuit in
which the new employee works, or the statewide prosecutor that an employer employed an
unauthorized alien without verifying the employment eligibility of such person, then DEO must
enter an order making a determination of violation and require repayment of any economic
development incentive as required in s. 288.061, F.S.
For a first violation, DEO must place the employer on a one-year probation and require quarterly
reporting to demonstrate compliance.
Subsequent violations that take place within 24 months after a previous violation constitute
grounds for the suspension or revocation of all licenses issued by a licensing agency subject to
the administrative procedure act.
DEO is required to take the following actions based on violations involving:
One to 10 unauthorized aliens: suspension of all applicable licenses held by a private employer
for up to 30 days by the respective agencies that issued them.
Eleven to 50 unauthorized aliens: suspension of all applicable licenses held by a private
employer for up to 60 days by the respective agencies that issued them.
More than 50 unauthorized aliens: revocation of all applicable licenses held by a private
employer by the respective agencies that issued them.
The bill creates a third degree felony for an alien who is not duly authorized to work by the immigration
laws of the United States, the Attorney General of the United States, or the United States Secretary of
the Department of Homeland Security and who knowingly uses a false identification document or who
fraudulently uses an identification document of another person for the purpose of obtaining
employment.
E-Verify
The bill revises the E-Verify employment verification law as follows:
Maintains the requirement that public employers use the E-Verify system.
Beginning July 1, 2023, requires private employers with 25 or more employees to use the E-
Verify system to verify employment eligibility of new employees instead of allowing the use of E-
Verify or a Form I-9.
Requires each employer required to use the E-Verify system to certify on its first return each
calendar year to the tax service provider that it is in compliance when making contributions to or
reimbursing the state's unemployment compensation or reemployment assistance system.
Requires employers to use the Employment Eligibility Verification form (Form I-9) to verify
employment eligibility if the E-Verify system is unavailable for 3 business days after the first day
that the new employee begins working for pay and an employer cannot access the system to
verify a new employee's employment eligibility.
o Provides that the unavailability of the E-Verify system does not bar the employer from
using the rebuttable presumption.
o Requires the employer to document the unavailability of the E-Verify system by retaining
a screenshot from each day which shows the employer's lack of access to the system, a
public announcement that the E-Verify system is not available, or any other
communication or notice recorded by the employer regarding the unavailability of the
system.
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Provides that an employee leasing company licensed under part XI of chapter 468, F.S., which
enters into a written agreement or understanding with a client company which places the
primary obligation for compliance with the E-Verify provisions upon the client company is not
required to verify employment eligibility of any new employees of the client company.
o Provides that in the absence of a written agreement or understanding, the employee
leasing company is responsible for compliance with these provisions.
o Requires such employee leasing company to, at all times, remain an employer as
otherwise defined in federal laws or regulations.
The bill revises the list of entities that are authorized to request copies of documentation relied upon by
a private employer for verification of a person’s employment eligibility, to:
Add DEO.
Specify that the state attorney must be in the circuit in which the new employee works.
The bill clarifies the defenses for employers, as follows:
An employer that complies with the E-Verify laws establishes an affirmative defense that the
employer has not violated s. 448.09, F.S., which prohibits employment of unauthorized aliens,
with respect to such employment.
The bill provides the following compliance requirements:
In addition to the requirements under s. 288.061(6), F.S., which require DEO to enforce E-Verify
requirements for businesses applying for economic incentives, beginning on July 1, 2024, if
DEO determines that an employer failed to use the E-Verify system to verify the employment
eligibility of employees:
o DEO must notify the employer of the department's determination of noncompliance and
provide the employer with 30 days to cure the noncompliance.
o If an employer is determined to not have used the E-Verify system as required three
times in any 24-month period, the department must impose a fine of $1,000 per day until
the employer provides sufficient proof to the department that the noncompliance is
cured.
o Noncompliance constitutes grounds for the suspension of all licenses issued by a
licensing agency subject to the administrative procedure act until the noncompliance is
cured.
o Fines collected must be deposited into the State Economic Enhancement and
Development Trust Fund for use by the department for employer outreach and public
notice of the state's employment verification laws.
The bill specifies that the requirements to use the E-Verify system do not apply in any federal fiscal
year in which the system is not funded by the Federal Government.
The bill also revises definitions as follows:
Revises the definition of “employee” to:
o Address individuals filling permanent positions.
Defines “public agency" as any office, department, agency, division, subdivision, political
subdivision, board, bureau, commission, authority, district, public body, body politic, state,
county, city, town, village, municipality, or any other separate unit of government created or
established pursuant to law, and any other public or private agency, person, partnership,
corporation, or business entity acting on behalf of any public agency.
Revises the definition of “unauthorized alien” to reference individuals instead of persons.
Admission to Practice Law
The bill repeals current law that allows certain unauthorized immigrants to be admitted to the Florida
Bar. The bill specifies that such repeal does not affect the validity of any license to practice law issued
pursuant to this provision before November 1, 2028.
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Human Smuggling
The bill clarifies current prohibitions against human smuggling to specify that the law applies to persons
who knowingly and willfully transport individuals into this state that the person reasonably should
know has entered the United States in violation of law and has not been inspected by the United States
Government since the unlawful entry.
Under the bill, a violation for human smuggling remains a third degree felony. The bill strengthens
penalties for human smuggling, making it a second degree felony
180
in the following cases:
Transporting a minor into the state in violation of the human smuggling provisions.
Committing five or more separate offenses of human smuggling during a single episode.
Committing subsequent violations with a prior conviction.
The bill provides that proof that a person knowingly and willfully presented false identification or gave
false information to a law enforcement officer who is conducting an investigation for a violation of these
provisions gives rise to an inference that such person was aware that the transported, concealed,
harbored, or shielded individual has entered the United States in violation of the law and had not been
inspected by the Federal Government since his or her unlawful entry.
The bill requires a person arrested for a human smuggling offense to be held in custody until brought
before the court for admittance to pretrial release in accordance with ch. 903, F.S., which is the chapter
of law governing bail.
The bill adds the crime of human smuggling to the list of crimes that allow for prosecution under the
RICO Act.
Cooperation with Federal Immigration Authorities
The bill adds to the actions a law enforcement agency may take regarding a person’s immigration
status. Specifically, the bill allows a law enforcement agency to send relevant information obtained
pursuant to enforcement of the E-Verify requirements to a federal immigration agency.
181
FDLE Domestic Security
The bill adds immigration coordination and assistance with the Federal Government in the enforcement
of federal immigration laws and response to immigration incidents that are within or affecting the state
to FDLE’s duties with respect to domestic security.
Domestic Security
The bill amends FDLE’s domestic security statutes to provide the necessary authority for the
department to coordinate with and provide assistance to the Federal Government in the enforcement of
federal immigration laws, responses to immigration enforcement incidents within or affecting the state.
Specifically, the bill:
Revises Legislative findings to include immigration enforcement coordination and assistance to
the Federal Government in the enforcement of federal immigration laws, and responses to
immigration enforcement incidents within or affecting the state.
180
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
181
S. 908.102(1), F.S., defines “federal immigration agency” as the United States Department of Justice and the United States
Department of Homeland Security, a division within such an agency, including United States Immigration and Customs Enforcement
and United States Customs and Border Protection, any successor agency, and any other federal agency charged with the enforcement
of immigration law.
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Requires the Chief of Domestic Security of FDLE to ensure compliance with the E-Verify
requirements, by regularly coordinating random audits and notifying the DEO of any violations
found.
Requires the regional domestic security task forces to:
o Cooperate with and provide assistance to the Federal Government in the enforcement of
federal immigration laws within or affecting Florida;
o Facilitate responses to immigration enforcement incidents within or affecting Florida;
o Establish training standards including curricula and materials related to effective
response to immigration enforcement incidents; and
o Work to ensure that hate-driven acts against ethnic groups that may have been targeted
as a result of immigration enforcement incidents within or affecting Florida are
appropriately investigated and responded to.
Requires the domestic security oversight council to:
o Include the need of executive direction and leadership as it relates to immigration
enforcement incidents to the council’s legislative findings;
o Include in their guidance to the regional domestic security task forces and other
domestic security working groups recommendations to the Governor and the Legislature
regarding expenditure of funds and resources related to cooperating with and providing
assistance to the Federal Government in the enforcement of federal immigration laws.
Include representatives from the DHS, ICE, and U.S. Customs and Border Protection as
nonvoting members of the council.
Specify immigration enforcement incidents and coordination with and providing assistance to
the Federal Government in the enforcement of federal immigration laws are part of the council’s
duties of oversight of the state’s domestic security efforts.
Statewide DNA Database
The bill expands the definition of a “qualifying offender” who is subject to having a DNA sample taken
and submitted to the statewide database when the offender is a person:
Who is:
o Committed to a county jail;
o Committed to or under the supervision of the Department of Corrections, including a
private correctional institution;
o Committed to or under the supervision of the Department of Juvenile Justice; or
o Transferred to Florida under the Interstate Compact on Juveniles or the Interstate
Corrections Compact; and
Who is in the custody of a law enforcement agency and is subject to an immigration detainer
issued by a federal immigration agency.
The bill requires a person who becomes a qualifying offender solely because of the issuance of an
immigration detainer by a federal immigration agency to submit a DNA sample, and the law
enforcement agency to immediately take the DNA sample, when the law enforcement agency having
custody of the offender receives the detainer. Additionally, the bill requires the agency to secure and
transmit the sample to FDLE in a timely manner.
Unauthorized Alien Transport Program Appropriation
For the 2023-2024 fiscal year, the bill appropriates a nonrecurring sum of $12 million from the General
Revenue Fund to the Division of Emergency Management within the Executive Office of the Governor
for the Unauthorized Alien Transport Program.
Effective Date
The bill provides an effective date of July 1, 2023, except as otherwise expressly provided.
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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate.
2. Expenditures:
For the 2023-2024 fiscal year, provides a $12 million nonrecurring appropriation to the Division of
Emergency Management for the Unauthorized Alien Transport Program.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
Indeterminate. Local governments that administer a community ID card program may experience a
reduction in expenditures resulting from being prohibited from funding such programs.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Businesses may have additional workload related to the employment verification requirements and may
be subject to fines related to employment verification violations.
Hospitals may be required to change their forms.
The bill may reduce criminal conduct and related negative social and economic impacts.
D. FISCAL COMMENTS:
The bill may have an indeterminate fiscal impact on state agencies related to enforcement.