Florida 2025 Regular Session

Florida House Bill H1033 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to immigration status and employment 2
16	16	eligibility; amending s. 20.60, F.S.; revising the 3
17	17	duties and responsibilities of the Office of Economic 4
18	18	Accountability and Transparency within the Department 5
19	19	of Commerce; amending s. 448.09, F.S.; revising 6
20	20	penalties, including suspension and revocation of 7
21	21	certain licenses and the imposition of fines, for 8
22	22	violating provisions related to employing unauthorized 9
23	23	aliens; requiring that such fines be deposited into a 10
24	24	specified trust fund; conforming provisions to changes 11
25	25	made by the act; providing increased penalties, 12
26	26	including suspension and revocation of certain 13
27	27	licenses and the imposition of fines, for violating 14
28	28	provisions related to employing unauthorized aliens 15
29	29	where specified injury or death occurs; requiring that 16
30	30	such fines be deposited into a specified trust fund; 17
31	31	amending s. 448.095, F.S.; revising the definition of 18
32	32	the term "employee"; requiring that all private 19
33	33	employers, rather than only those employing a 20
34	34	specified number or more of employees, use the E -21
35	35	Verify system to verify a new employee's employment 22
36	36	eligibility; prohibiting the awarding of future public 23
37	37	contracts by any public agency in this state to 24
38	38	specified contractors; requiring that certain fines be 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	deposited into a specified trust fund; conforming 26
52	52	provisions to changes made by the act; amending s. 27
53	53	908.104, F.S.; authorizing law enforcement agencies to 28
54	54	use the E-Verify system to investigate a detained 29
55	55	person's immigration status; providing an effective 30
56	56	date. 31
57	57	32
58	58	Be It Enacted by the Legislature of the State of Florida: 33
59	59	34
60	60	Section 1. Paragraph (a) of subsection (3) of section 35
61	61	20.60, Florida Statutes, is amended to read: 36
62	62	20.60 Department of Commerce; creation; powers and 37
63	63	duties.— 38
64	64	(3)(a) The following divisions and offices of the 39
65	65	Department of Commerce are established: 40
66	66	1. The Division of Economic D evelopment. 41
67	67	2. The Division of Community Development. 42
68	68	3. The Division of Workforce Services. 43
69	69	4. The Division of Finance and Administration. 44
70	70	5. The Division of Information Technology. 45
71	71	6. The Office of the Secretary. 46
72	72	7. The Office of Economic Acc ountability and Transparency, 47
73	73	which shall: 48
74	74	a. Oversee the department's critical objectives as 49
75	75	determined by the secretary and make sure that the department's 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	key objectives are clearly communicated to the public. 51
89	89	b. Organize department resources, exper tise, data, and 52
90	90	research to focus on and solve the complex economic challenges 53
91	91	facing the state. 54
92	92	c. Provide leadership for the department's priority issues 55
93	93	that require integration of policy, management, and critical 56
94	94	objectives from multiple programs and organizations internal and 57
95	95	external to the department; and organize and manage external 58
96	96	communication on such priority issues. 59
97	97	d. Promote and facilitate key department initiatives to 60
98	98	address priority economic issues and explore data and identify 61
99	99	opportunities for innovative approaches to address such economic 62
100	100	issues. 63
101	101	e. Promote strategic planning for the department. 64
102	102	f. Administer and enforce the E -Verify system and 65
103	103	employment authorization compliance as set forth in ss. 448.09 66
104	104	and 448.095. 67
105	105	Section 2. Present subsection (5) of section 448.09, 68
106	106	Florida Statutes, is redesignated as subsection (8), new 69
107	107	subsections (5), (6), and (7) are added to that section, and 70
108	108	present subsections (3) and (4) of that section are amended, to 71
109	109	read: 72
110	110	448.09 Unauthorized aliens; employment prohibited. — 73
111	111	(3) For an employer that violates this section, the 74
112	112	department shall suspend or revoke all licenses issued by a 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	licensing agency pursuant to chapter 120 for 1 year and impose a 76
126	126	fine not to exceed $10,000. Fines must be de posited in the 77
127	127	Florida Highway Patrol Safety Operating Trust Fund For a 78
128	128	violation of this section, the department shall place the 79
129	129	employer on probation for a 1 -year period and require that the 80
130	130	employer report quarterly to the department to demonstrate 81
131	131	compliance with the requirements of subsection (1) and s. 82
132	132	448.095. 83
133	133	(4) For an employer that subsequently violates this 84
134	134	section, the department shall suspend or revoke all licenses 85
135	135	issued by a licensing agency pursuant to chapter 120 for 5 years 86
136	136	and impose a fine not to exceed $50,000. Fines must be deposited 87
137	137	in the Florida Highway Patrol Safety Operating Trust Fund Any 88
138	138	violation of this section which takes place within 24 months 89
139	139	after a previous violation constitutes grounds for the 90
140	140	suspension or revocation o f all licenses issued by a licensing 91
141	141	agency subject to chapter 120. The department shall take the 92
142	142	following actions for a violation involving: 93
143	143	(a) One to ten unauthorized aliens, suspension of all 94
144	144	applicable licenses held by a private employer for up to 30 days 95
145	145	by the respective agencies that issued them. 96
146	146	(b) Eleven to fifty unauthorized aliens, suspension of all 97
147	147	applicable licenses held by a private employer for up to 60 days 98
148	148	by the respective agencies that issued them. 99
149	149	(c) More than fifty unauthoriz ed aliens, revocation of all 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	applicable licenses held by a private employer by the respective 101
163	163	agencies that issued them . 102
164	164	(5) For an employer that violates this section a third 103
165	165	time, the department shall permanently revoke all licenses 104
166	166	issued by a licensing agency pursuant to chapter 120 and impose 105
167	167	a fine not to exceed $250,000. Fines must be deposited in the 106
168	168	Florida Highway Patrol Safety Operating Trust Fund. 107
169	169	(6) For an employer that violates this section, and an 108
170	170	unauthorized alien employee's actions re sult in injuries to 109
171	171	another person, the department shall suspend or revoke all 110
172	172	licenses issued by a licensing agency pursuant to chapter 120 111
173	173	for 5 years and impose a fine not to exceed $100,000. Fines must 112
174	174	be deposited in the Florida Highway Patrol Safety Operating 113
175	175	Trust Fund. 114
176	176	(7) For an employer that violates this section, and an 115
177	177	unauthorized alien employee's actions result in the death of 116
178	178	another person, the department shall permanently revoke all 117
179	179	licenses issued by a licensing agency pursuant to chapte r 120 118
180	180	and impose a fine not to exceed $500,000. Fines must be 119
181	181	deposited in the Florida Highway Patrol Safety Operating Trust 120
182	182	Fund. 121
183	183	Section 3. Paragraph (b) of subsection (1), paragraph (b) 122
184	184	of subsection (2), paragraph (c) of subsection (5), and 123
185	185	subsection (6) of section 448.095, Florida Statutes, are amended 124
186	186	to read: 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	448.095 Employment eligibility. — 126
200	200	(1) DEFINITIONS.—As used in this section, the term: 127
201	201	(b) "Employee" means an individual filling a permanent 128
202	202	position who performs labor or services und er the control or 129
203	203	direction of an employer that has the power or right to control 130
204	204	and direct the employee in the material details of how the work 131
205	205	is to be performed in exchange for salary, wages, or other 132
206	206	remuneration. The term also includes labor that is occasional, 133
207	207	incidental, or irregular, that exceeds 40 person -hours in total 134
208	208	duration. As used in this subsection, the term "duration" means 135
209	209	the period of time from the commencement to the completion of 136
210	210	the particular job or project. An individual hired for casual 137
211	211	labor, as defined in s. 443.036, which is to be performed 138
212	212	entirely within a private residence, is not an employee of an 139
213	213	occupant or owner of a private residence. An independent 140
214	214	contractor, as defined in federal laws or regulations, hired to 141
215	215	perform a specified portion of labor or services is not an 142
216	216	employee. For the purposes of this section, an individual who 143
217	217	receives a Form 1099 from the Internal Revenue Service is an 144
218	218	employee. 145
219	219	(2) EMPLOYMENT VERIFICATION. — 146
220	220	(b)1. A public agency shall use the E -Verify system to 147
221	221	verify a new employee's employment eligibility as required under 148
222	222	paragraph (a). 149
223	223	2. Beginning on July 1, 2025 2023, all a private employers 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	employer with 25 or more employees shall use the E-Verify system 151
237	237	to verify a new employee's emplo yment eligibility as required 152
238	238	under paragraph (a). 153
239	239	3. Each employer required to use the E -Verify system under 154
240	240	this paragraph must certify on its first return each calendar 155
241	241	year to the tax service provider that it is in compliance with 156
242	242	this section when making contributions to or reimbursing the 157
243	243	state's unemployment compensation or reemployment assistance 158
244	244	system. An employer that voluntarily uses the E -Verify system 159
245	245	may also make such a certification on its first return each 160
246	246	calendar year in order to docum ent such use. 161
247	247	(5) PUBLIC AGENCY CONTRACTING. — 162
248	248	(c)1. A public agency, contractor, or subcontractor who 163
249	249	has a good faith belief that a person or an entity with which it 164
250	250	is contracting has knowingly violated s. 448.09(1) shall 165
251	251	terminate the contract with the person or entity. 166
252	252	2. A public agency that has a good faith belief that a 167
253	253	subcontractor knowingly violated this subsection, but the 168
254	254	contractor otherwise complied with this subsection, shall 169
255	255	promptly notify the contractor and order the contractor to 170
256	256	immediately terminate the contract with the subcontractor. 171
257	257	3. A contract terminated under this paragraph is not a 172
258	258	breach of contract and may not be considered as such. If a 173
259	259	public agency terminates a contract with a contractor under this 174
260	260	paragraph, the contractor may not be awarded any public contract 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	in the future with any public agency in this state a public 176
274	274	contract for at least 1 year after the date on which the 177
275	275	contract was terminated . A contractor is liable for any 178
276	276	additional costs incurred by a publi c agency as a result of the 179
277	277	termination of a contract. 180
278	278	(6) COMPLIANCE.— 181
279	279	(a) In addition to the requirements under s. 288.061(6), 182
280	280	beginning on July 1, 2024 , for public agencies or on July 1, 183
281	281	2025, for private employers , if the Department of Commerce 184
282	282	determines that an employer failed to use the E -Verify system to 185
283	283	verify the employment eligibility of employees as required under 186
284	284	this section, the department must notify the employer of the 187
285	285	department's determination of noncompliance and provide the 188
286	286	employer with 30 days to cure the noncompliance. 189
287	287	(b) If the Department of Commerce determines that an 190
288	288	employer failed to use the E -Verify system as required under 191
289	289	this section three times in any 24 -month period, the department 192
290	290	must impose a fine of $1,000 per da y until the employer provides 193
291	291	sufficient proof to the department that the noncompliance is 194
292	292	cured. Noncompliance constitutes grounds for the suspension of 195
293	293	all licenses issued by a licensing agency subject to chapter 120 196
294	294	until the noncompliance is cured. 197
295	295	(c) Fines collected under this subsection must be 198
296	296	deposited into the Florida Highway Patrol Safety Operating Trust 199
297	297	Fund State Economic Enhancement and Development Trust Fund for 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	use by the department for employer outreach and public notice of 201
311	311	the state's employment verification laws . 202
312	312	Section 4. Present paragraphs (a) through (f) of 203
313	313	subsection (2) of section 908.104, Florida Statutes, are 204
314	314	redesignated as paragraphs (b) through (g), respectively, and a 205
315	315	new paragraph (a) is added to that subsection, to re ad: 206
316	316	908.104 Cooperation with federal immigration authorities. — 207
317	317	(2) Except as otherwise expressly prohibited by federal 208
318	318	law, a state entity, local governmental entity, or law 209
319	319	enforcement agency, or an employee, an agent, or a 210
320	320	representative of the entit y or agency, may not prohibit or in 211
321	321	any way restrict a law enforcement agency from taking any of the 212
322	322	following actions with respect to information regarding a 213
323	323	person's immigration status: 214
324	324	(a) Using the E-Verify system to investigate a detained 215
325	325	person's immigration status. 216
326	326	Section 5. This act shall take effect July 1, 2025. 217