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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
A bill to be entitled 1
An act relating to services to noncitizens; amending 2
s. 125.0167, F.S.; authorizing a county to require 3
proof that certain borrowers are lawfully present in 4
the United States; creating s. 420.0007, F.S.; 5
defining the terms "down payment assistance" and 6
"silent second mortgage"; prohibiting state and local 7
governmental entities and private corporations from 8
providing down payment assistance to a person who is 9
not lawfully in the United States; requiring immediate 10
repayment of downpayment assistance and the i nitiation 11
of foreclosure proceedings in certain circumstances; 12
prohibiting certain persons from receiving down 13
payment assistance in the future; amending ss. 14
420.5088 and 420.5096, F.S.; restricting eligibility 15
for the Florida Homeownership Assistance Prog ram and 16
the Florida Hometown Hero Program, respectively, to 17
persons who are lawfully present in the United States; 18
amending s. 448.09, F.S.; revising penalties, 19
including suspension of certain licenses and the 20
imposition of fines, for violating provisions related 21
to employing unauthorized aliens; requiring that such 22
fines be deposited into a specified trust fund; 23
conforming provisions to changes made by the act; 24
providing increased penalties, including suspension 25
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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
and revocation of certain licenses and the i mposition 26
of fines, for violating provisions related to 27
employing unauthorized aliens where specified injury 28
or death occurs; requiring that such fines be 29
deposited into a specified trust fund; providing that 30
persons injured or the next of kin of persons k illed 31
have a cause of action against employers found to be 32
in violation of a specified provision; amending s. 33
448.095, F.S.; requiring that all private employers, 34
rather than only those employing a specified number or 35
more of employees, use the E -Verify system to verify a 36
new employee's employment eligibility; amending s. 37
560.208, F.S.; prohibiting money services business' 38
licensees from initiating foreign remittance transfers 39
unless they have verified that the sender is not an 40
unauthorized alien; defining the term "foreign 41
remittance transfer"; requiring the Financial Services 42
Commission to adopt rules; requiring licensees to 43
submit certain forms to the Office of Financial 44
Regulation within a specified timeframe; requiring 45
licensees to pay specified penalti es for any foreign 46
remittance transferred in violation of specified 47
provisions; requiring quarterly penalty remittances; 48
requiring licensees to submit certain forms and 49
penalties to the office within a specified timeframe; 50
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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
requiring the office to deposit s uch penalties into a 51
certain fund; amending s. 560.211, F.S.; requiring 52
that licensees make, keep, and preserve for 5 years 53
records of certain documentation and penalties paid; 54
creating s. 560.2115, F.S.; authorizing the office to 55
request, and requiring li censees to provide, records 56
of certain documentation; authorizing the filing of 57
complaints; providing criminal penalties for knowingly 58
filing false or frivolous complaints; imposing 59
requirements on the office upon receipt of a valid 60
complaint substantiated by evidence of a violation; 61
requiring the office to conduct random quarterly 62
audits of licensees to ensure compliance with 63
specified provisions; specifying that failure to 64
comply with certain provisions constitutes grounds for 65
the suspension of all licens es issued by the office; 66
prohibiting the office from auditing a licensee more 67
than a specified number of times within a specified 68
timeframe; providing an exception; authorizing the 69
office to adopt emergency rules; providing for 70
severability; providing an e ffective date. 71
72
Be It Enacted by the Legislature of the State of Florida: 73
74
Section 1. Paragraph (c) of subsection (5) of section 75
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125.0167, Florida Statutes, is amended to read: 76
125.0167 Discretionary surtax on documents; adoption; 77
application of revenue.— 78
(5) 79
(c) A county may not impose any requirement as a condition 80
to receiving any financial assistance on a borrower other than 81
requiring proof that the borrower is lawfully present in the 82
United States and that the borrower's income does not exceed 140 83
percent of the area median income. In addition to the income 84
eligibility requirement, borrowers may only be subject to loan 85
qualifications of lenders licensed to provide mortgage financing 86
as to the amount of the loan. A county may not create 87
requirements that restrict participation by eligible borrowers. 88
Section 2. Section 420.0007, Florida Statutes, is created 89
to read: 90
420.0007 Down payment assistance for noncitizens 91
prohibited.— 92
(1) For purposes of this section, the term: 93
(a) "Down payment assistance" includes, but is not limited 94
to, grants to assist in the purchase of residential property 95
which take the form of loans or silent second mortgages. 96
(b) "Silent second mortgage" means a second mortgage used 97
to secure down payment funds f or a residential property which is 98
not disclosed to the original mortgage lender before closing 99
occurs. 100
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(2) State and local governmental entities and private 101
corporations, including, but not limited to, nonprofit 102
organizations incorporated under chapter 617, may not provide 103
any form of down payment assistance to a person who is not 104
lawfully present in the United States. 105
(3) If a person who is not lawfully present in the United 106
States is discovered to have received down payment assistance 107
from a state or local governmental entity or a private 108
corporation, the person must immediately repay the down payment 109
assistance. The governmental entity or private corporation shall 110
initiate foreclosure proceedings as appropriate against such 111
person if he or she does n ot make such repayment. 112
(4) A person who is discovered to have received down 113
payment assistance in violation of this section is prohibited 114
from receiving down payment assistance in the future, regardless 115
of whether his or her presence in the United State s becomes 116
lawful. 117
Section 3. Section 420.5088, Florida Statutes, is amended 118
to read: 119
420.5088 Florida Homeownership Assistance Program. —There 120
is created The Florida Homeownership Assistance Program is 121
created for the purpose of assisting low -income and moderate-122
income persons who are lawfully present in the United States in 123
purchasing a home as their primary residence by reducing the 124
cost of the home with below -market construction financing, by 125
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reducing the amount of down payment and closing costs paid by 126
the borrower to a maximum of 5 percent of the purchase price, or 127
by reducing the monthly payment to an affordable amount for the 128
borrower purchaser. Loans must shall be made available at an 129
interest rate that d oes not exceed 3 percent. The balance of any 130
loan is due at closing if the property is sold, refinanced, 131
rented, or transferred, unless otherwise approved by the 132
corporation. 133
(1) For loans made available pursuant to s. 134
420.507(23)(a)1. or 2.: 135
(a) The corporation may underwrite and make those mortgage 136
loans through the program to such persons or families who have 137
incomes that do not exceed 120 percent of the state or local 138
median income, whichever is greater, adjusted for family size. 139
(b) Loans must shall be made available for the term of the 140
first mortgage. 141
(c) Loans may not exceed the lesser of 35 percent of the 142
purchase price of the home or the amount necessary to enable the 143
borrower purchaser to meet credit underwriting criteria. 144
(2) For loans made pursuant to s. 420.507(23)(a)3.: 145
(a) Availability is limited to nonprofit sponsors or 146
developers who are selected for program participation pursuant 147
to this subsection. 148
(b) Preference must be given to community -based 149
organizations as defined in s. 420.503. 150
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(c) Priority must be given to projects that have received 151
state assistance in funding project predevelopment costs. 152
(d) The benefits of making such loans must shall be 153
contractually provided to the persons or families purchasing 154
homes financed under this subsection. 155
(e) At least 30 percent of the units in a project financed 156
pursuant to this subsection must be sold to persons or families 157
who have incomes that do not exceed 80 percent of the state or 158
local median income, whichever amount is gre ater, adjusted for 159
family size; and at least another 30 percent of the units in a 160
project financed pursuant to this subsection must be sold to 161
persons or families who have incomes that do not exceed 65 162
percent of the state or local median income, whichever amount is 163
greater, adjusted for family size. 164
(f) The maximum loan amount may not exceed 33 percent of 165
the total project cost. 166
(g) A person who purchases a home in a project financed 167
under this subsection is eligible for a loan authorized by s. 168
420.507(23)(a)1. or 2. in an aggregate amount not exceeding the 169
construction loan made pursuant to this subsection. The home 170
purchaser must meet all the requirements for loan recipients 171
established pursuant to the applicable loan program. 172
(h) The corporation sh all provide, by rule, for the 173
establishment of a review committee composed of corporation 174
staff and shall establish, by rule, a scoring system for 175
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evaluating and ranking applications submitted for construction 176
loans under this subsection, including, but no t limited to, the 177
following criteria: 178
1. The affordability of the housing proposed to be built. 179
2. The direct benefits of the assistance to the persons 180
who will reside in the proposed housing. 181
3. The demonstrated capacity of the applicant to carry ou t 182
the proposal, including the experience of the development team. 183
4. The economic feasibility of the proposal. 184
5. The extent to which the applicant demonstrates 185
potential cost savings by combining the benefits of different 186
governmental programs and pri vate initiatives, including the 187
local government contributions and local government 188
comprehensive planning and activities that promote affordable 189
housing. 190
6. The use of the least amount of program loan funds 191
compared to overall project cost. 192
7. The provision of homeownership counseling. 193
8. The applicant's agreement to exceed the requirements of 194
paragraph (e). 195
9. The commitment of first mortgage financing for the 196
balance of the construction loan and for the permanent loans to 197
the purchasers of the ho using. 198
10. The applicant's ability to proceed with construction. 199
11. The targeting objectives of the corporation which will 200
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ensure an equitable distribution of loans between rural and 201
urban areas. 202
12. The extent to which the proposal will further the 203
purposes of this program. 204
(i) The corporation may reject any and all applications. 205
(j) The review committee established by corporation rule 206
pursuant to this subsection shall make recommendations to the 207
corporation board regarding program participation under this 208
subsection. The corporation board shall make the final ranking 209
for participation based on the scores received in the ranking, 210
further review of the applications, and the recommendations of 211
the review committee. The corporation board shall appro ve or 212
reject applicants for loans and shall determine the tentative 213
loan amount available to each program participant. The final 214
loan amount shall be determined pursuant to rule adopted under 215
s. 420.507(23)(h). 216
(3) The corporation shall publish a notice of fund 217
availability in a publication of general circulation throughout 218
this the state at least 60 days before prior to the anticipated 219
availability of funds. 220
(4) There is authorized to be established by the 221
corporation with a qualified public depository meeting the 222
requirements of chapter 280 the Florida Homeownership Assistance 223
Fund to be administered by the corporation according to the 224
provisions of this pro gram. Any amounts held in the Florida 225
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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
Homeownership Assistance Trust Fund for such purposes as of 226
January 1, 1998, must be transferred to the corporation for 227
deposit in the Florida Homeownership Assistance Fund, whereupon 228
the Florida Homeownership Assistan ce Trust Fund must be closed. 229
There shall be deposited in the fund moneys from the State 230
Housing Trust Fund created by s. 420.0005, or moneys received 231
from any other source, for the purpose of this program and all 232
proceeds derived from the use of such mone ys. In addition, all 233
unencumbered funds, loan repayments, proceeds from the sale of 234
any property, and any other proceeds that would otherwise accrue 235
pursuant to the activities of the programs described in this 236
section shall be transferred to this fund. In addition, all loan 237
repayments, proceeds from the sale of any property, and any 238
other proceeds that would otherwise accrue pursuant to the 239
activities conducted under the provisions of the Florida 240
Homeownership Assistance Program shall be deposited in the fu nd 241
and may shall not be reverted revert to the General Revenue 242
Fund. Expenditures from the Florida Homeownership Assistance 243
Fund are shall not be required to be included in the 244
corporation's budget request or made be subject to appropriation 245
by the Legislature. 246
(5) No more than one -fifth of the funds available in the 247
Florida Homeownership Assistance Fund may be made available to 248
provide loan loss insurance reserve funds to facilitate 249
homeownership for eligible perso ns. 250
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Section 4. Subsections (2) and (3) of section 420.5096, 251
Florida Statutes, are amended to read: 252
420.5096 Florida Hometown Hero Program. — 253
(2) The Florida Hometown Hero Program is created to assist 254
Florida's hometown workforce in attaining homeown ership by 255
providing financial assistance to residents to purchase a home 256
as their primary residence. Under the program, a borrower who is 257
lawfully present in the United States may apply to the 258
corporation for a loan to reduce the amount of the down payment 259
and closing costs paid by the borrower by a minimum of $10,000 260
and up to 5 percent of the first mortgage loan, not exceeding 261
$35,000. Loans must be made available at a zero percent interest 262
rate and must be made available for the term of the first 263
mortgage. The balance of any loan is due at closing if the 264
property is sold, refinanced, rented, or transferred, unless 265
otherwise approved by the corporation. 266
(3) For loans made available pursuant to s. 267
420.507(23)(a)1. or 2., the corporation may underwrite and make 268
those mortgage loans through the program to persons or families 269
who are lawfully present in the United States and who have 270
household incomes that do not exceed 150 percent of the state 271
median income or local median income, whichever is greater. A 272
borrower must be seeking to purchase a home as a primary 273
residence; must be a first -time homebuyer and a Florida 274
resident; and must be employed full -time by a Florida-based 275
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employer. The borrower must provide documentation of full -time 276
employment or full-time status for self-employed individuals. 277
The requirement to be a first -time homebuyer does not apply to a 278
borrower who is an active duty servicemember of a branch of the 279
armed forces or the Florida National Guard, as defined in s. 280
250.01, or a veteran. 281
Section 5. Present subsection (5) of section 448.09, 282
Florida Statutes, is redesignated as subsection (8), a new 283
subsection (5) and subsections (6) and (7) are added to that 284
section, and present subsections (3) and (4) of that section are 285
amended, to read: 286
448.09 Unauthorized aliens; employment prohibited. — 287
(3) For an employer that knowingly violates this section, 288
the department shall suspend all licenses issued by a licensing 289
agency pursuant to chapter 120 for 1 year and impose a fine not 290
to exceed $10,000. Fines must be deposited in the Crimes 291
Compensation Trust Fund For a violation of this section, the 292
department shall place the employer on probation for a 1 -year 293
period and require that the employer report quarterly to the 294
department to demonstrate comp liance with the requirements of 295
subsection (1) and s. 448.095 . 296
(4) For an employer that knowingly violates this section a 297
second time, the department shall suspend or revoke all licenses 298
issued by a licensing agency pursuant to chapter 120 for 5 years 299
and impose a fine not to exceed $100,000. Fines must be 300
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deposited in the Crimes Compensation Trust Fund Any violation of 301
this section which takes place within 24 months after a previous 302
violation constitutes grounds for the suspension or revocation 303
of all licenses issued by a licensing agency subject to chapter 304
120. The department shall take the following actions for a 305
violation involving: 306
(a) One to ten unauthorized aliens, suspension of all 307
applicable licenses held by a private employer for up to 30 days 308
by the respective agencies that issued them. 309
(b) Eleven to fifty unauthorized aliens, suspension of all 310
applicable licenses held by a private employer for up to 60 days 311
by the respective agencies that issued them. 312
(c) More than fifty unauthorized alien s, revocation of all 313
applicable licenses held by a private employer by the respective 314
agencies that issued them . 315
(5) For an employer that knowingly violates this section a 316
third time, the department shall permanently revoke all licenses 317
issued by a licensing agency pursuant to chapter 120, both for 318
the employer personally and for the business generally, and 319
impose a fine not to exceed $250,000. Fines must be deposited in 320
the Crimes Compensation Trust Fund. 321
(6) For an employer that knowingly violates thi s section, 322
and an unauthorized alien employee's actions result in injuries 323
to another person, the department shall suspend or revoke all 324
licenses issued by a licensing agency pursuant to chapter 120 325
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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
for 5 years and impose a fine not to exceed $100,000. Fin es must 326
be deposited in the Crimes Compensation Trust Fund. 327
(7) For an employer that knowingly violates this section, 328
and an unauthorized alien employee's actions result in the death 329
of another person, the department shall permanently revoke all 330
licenses issued by a licensing agency pursuant to chapter 120 331
and impose a fine not to exceed $500,000. Fines must be 332
deposited in the Crimes Compensation Trust Fund. 333
(8) A person injured or the next of kin of a person killed 334
may bring a cause of action for dama ges against an employer 335
found to be in violation in subsection (6) or subsection (7). 336
Section 6. Paragraph (b) of subsection (2) of section 337
448.095, Florida Statutes, is amended to read: 338
448.095 Employment eligibility. — 339
(2) EMPLOYMENT VERIFICATION. — 340
(b)1. A public agency shall use the E -Verify system to 341
verify a new employee's employment eligibility as required under 342
paragraph (a). 343
2. Beginning on July 1, 2025 2023, all a private employers 344
employer with 25 or more employees shall use the E-Verify system 345
to verify a new employee's employment eligibility as required 346
under paragraph (a). 347
3. Each employer required to use the E -Verify system under 348
this paragraph must certify on its first return each calendar 349
year to the tax service provider that it is in compliance with 350
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this section when making contributions to or reimbursing the 351
state's unemployment compensation or reemployment assistance 352
system. An employer that voluntarily uses the E -Verify system 353
may also make such a certification on its first re turn each 354
calendar year in order to document such use. 355
Section 7. Subsection (7) is added to section 560.208, 356
Florida Statutes, to read: 357
560.208 Conduct of business. —In addition to the 358
requirements specified in s. 560.1401, a licensee under this 359
part: 360
(7)(a) May not initiate a foreign remittance transfer 361
unless the licensee has verified that the sender is not an 362
unauthorized alien as defined in s. 908.111. As used in this 363
subsection, the term "foreign remittance transfer" means a 364
remittance transfer as defined in the Electronic Fund Transfer 365
Act, 15 U.S.C. s. 1693o -1, as amended, the recipient of which is 366
located in any country other than the United States. The 367
commission shall adopt rules relating to acceptable forms of 368
documentation that a licensee shall use to verify that the 369
sender of a foreign remittance transfer is not an unauthorized 370
alien as defined in s. 908.111. The licensee shall provide 371
confirmation of verification on such forms as the commission may 372
prescribe for this purpose. All require d forms must be submitted 373
to the office not later than the 15th day of the month following 374
the close of each calendar quarter. 375
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(b) Shall pay a penalty equal to 25 percent of the United 376
States dollar amount transferred, excluding any fees or charges 377
imposed by the licensee, for any foreign remittance transfer 378
initiated in violation of paragraph (a). The licensee shall 379
remit penalties owed under this paragraph quarterly to the 380
office in addition to any such forms as the office may prescribe 381
for such purpose. All required penalties and forms must be 382
submitted to the office not later than the 15th day of the month 383
following the close of each calendar quarter. Notwithstanding 384
ss. 252.3711 and 560.144, the office shall deposit penalties 385
collected pursuant to thi s paragraph in the Emergency 386
Preparedness and Response Fund under s. 252.3711. 387
Notwithstanding any other provision of this chapter, failure to 388
comply with paragraph (a) does not subject a licensee to any 389
penalty other than the penalty imposed by this parag raph. 390
Section 8. Present paragraphs (i) and (j) of subsection 391
(1) of section 560.211, Florida Statutes, are redesignated as 392
paragraphs (j) and (k), and a new paragraph (i) is added to that 393
subsection, to read: 394
560.211 Required records. — 395
(1) In addition to the record retention requirements under 396
s. 560.1105, each licensee under this part must make, keep, and 397
preserve the following books, accounts, records, and documents 398
for 5 years: 399
(i) Records of: 400
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1. The documentation used to verify that the sender of a 401
foreign remittance transfer is not an unauthorized alien as 402
defined in s. 908.111. 403
2. Penalties paid pursuant to s. 560.208(7)(b), including 404
the date and amount of each foreign remittance transfer and the 405
name, date of birth, and address of each sender. 406
Section 9. Section 560.2115, Florida Statutes, is created 407
to read: 408
560.2115 Required records audit. — 409
(1) For the purpose of enforcement of this section, the 410
office may at any time request, and the licensee must provide, 411
records of documentation used to verify that the sender of a 412
foreign remittance transfer is not an unauthorized alien as 413
defined in s. 908.111. 414
(2) A person who has a good faith belief that a licensee 415
is failing to comply with s. 560.208(7)(a) may file a complaint 416
with the office. 417
(3) A person who knowingly files a false or frivolous 418
complaint under subsection (2), including any complaint that 419
violates federal law, commits a misdemeanor of the second 420
degree, punishable as provided in s. 775.082 or s. 775.083. 421
(4) Upon receipt of a valid complaint substantiated by 422
evidence of a violation of s. 560.208(7)(a), the office shall 423
notify the licensee of the complaint and direct the licensee to 424
pay a penalty pursuant to s. 560.208(7)(b). 425
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(5) In addition to the requiremen ts under subsection (1), 426
beginning July 1, 2026, the office shall conduct random 427
quarterly audits of licensees to ensure compliance with s. 428
560.208(7)(a). During an audit, a licensee shall produce records 429
of the documentation used to verify that each sende r of a 430
foreign remittance transfer is not an unauthorized alien. A 431
licensee that fails to comply with s. 560.208(7)(a) is subject 432
to the penalty pursuant to s. 560.208(7)(b). 433
(6) Failure to comply with subsection (5) constitutes 434
grounds for the suspensio n of all licenses held by the licensee 435
which were issued by the office. 436
(7) The office may not audit a licensee more than once 437
every 2 years unless an audit within the last 6 months found the 438
licensee out of compliance with s. 560.208(7)(a). 439
Section 10. The Office of Financial Regulation, on behalf 440
of the Financial Services Commission, is authorized, and all 441
conditions are deemed met, to adopt emergency rules pursuant to 442
s. 120.54(4), Florida Statutes, to implement the provisions of 443
this section. Notwithstanding any other provision of law, 444
emergency rules adopted pursuant to this section are effective 445
for 6 months after adoption and may be renewed during the 446
pendency of procedures to adopt permanent rules addressing the 447
subject of the emergency rules. 448
Section 11. If any provision of this act or its 449
application to any person or circumstance is held invalid, the 450
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invalidity does not affect other provisions or applications of 451
this act which can be given effect without the invalid 452
provisions or applicati on, and to this end the provisions of 453
this act are severable. 454
Section 12. This act shall take effect July 1, 2025. 455