CS/HB 1307 full text · Session Watch

1 A bill to be entitled

2 An act relating to unauthorized aliens; creating s.

3 17.72, F.S.; prohibiting the Department of Financial

4 Services from issuing a license or certification to

5 unauthorized aliens; requiring the department to adopt

6 rules; amending s. 125.0167, F.S.; authorizing a

7 county to require a borrower to provide proof of being

8 lawfully present in the United States; creating s.

9 284.52, F.S.; providing definitions; authorizing the

10 Division of Risk Management to approve or deny claims

11 relating to a minor who is an unauthorized alien;

12 prohibiting the division from approving any claim

13 submitted by an adult who is an authorized alien or

14 fails to provide lawful documentation of his or her

15 lawful presence in the United States; amending s.

16 322.53, F.S.; requiring certain procedures,

17 instruction, and testing to be conducted in English;

18 prohibiting alternate language accommodations;

19 creating s. 420.56, F.S.; defining the terms "down

20 payment assistance" and "unauthorized alien";

21 prohibiting certain entities and corporations from

22 providing down payment assistance to a person who was

23 an unauthorized alien at the time such assistance was

24 received; requiring an unauthorized alien to repay

25 such down payment assistance if received; authorizing

26 certain entities and corporations to initiate

27 foreclosure proceedings under certain circumstances;

28 amending s. 420.5088, F.S.; providing that the Florida

29 Homeownership Assistance Program is to assist certain

30 persons who are lawfully present in the United States;

31 amending s. 420.5096, F.S.; providing that the Florida

32 Hometown Hero Program is to assist certain persons who

33 are lawfully present in the United States; amending s.

34 440.02, F.S.; revising the definition of the term

35 "employee"; amending s. 440.10, F.S.; conforming a

36 provision to changes made by the act; creating s.

37 440.1001, F.S.; defining the term "unauthorized

38 alien"; providing that an employer who hires or

39 employs an adult who is an unauthorized alien is

40 personally liable for certain costs and benefits

41 resulting from an injury to such person; providing

42 that an employer must reimburse a carrier for certain

43 costs and benefits; providing for the adjudication of

44 certain disputes and judicial review of certain

45 orders; providing penalties; requiring the Department

46 of Financial Services to transfer reported violations

47 to appropriate licensing authorities; creating s.

48 440.1002, F.S.; defining the term "E-Verify system";

49 requiring an employer to verify an employee's

50 employment eligibility before submitting a workers'

51 compensation claim; requiring employers to retain, for

52 a specified timeframe, and provide to the Department

53 of Financial Services or carrier upon request certain

54 documentation and verification; providing

55 construction; authorizing the department to adopt

56 rules; amending s. 448.09, F.S.; defining the term

57 "license"; providing penalties for an employer who

58 knowingly employs, hires, recruits, or refers an

59 unauthorized alien; requiring fines collected to be

60 deposited into the State Economic Enhancement and

61 Development Trust Fund; providing a civil cause of

62 action; providing a criminal penalty; amending s.

63 448.095, F.S.; authorizing the Department of Financial

64 Services to request certain verification of an

65 employee's employment eligibility; defining the term

66 "license"; amending s. 560.208, F.S.; requiring a

67 licensee to verify a person's citizenship status

68 before initiating a foreign remittance transfer;

69 defining the term "foreign remittance transfer";

70 requiring the Financial Services Commission to adopt

71 certain rules; requiring licensees to submit certain

72 forms to the commission within a specified time

73 period; providing a penalty; requiring a licensee to

74 submit such penalty to the commission within a

75 specified time period; requiring the commission to

76 deposit penalties collected into the Regulatory Trust

77 Fund; providing construction; amending s. 560.211,

78 F.S.; requiring licensees to make, keep, and preserve

79 certain documentation used to verify a sender of a

80 foreign remittance transfer is not an unauthorized

81 alien; creating s. 560.2115, F.S.; defining the terms

82 "foreign remittance transfer" and "unauthorized

83 alien"; authorizing the Office of Financial Regulation

84 of the commission to request records of certain

85 documentation; authorizing a person to file a

86 complaint with the office; requiring the office to

87 notify a licensee upon a substantiated complaint;

88 requiring the office to conduct random quarterly

89 audits beginning on a specified date; providing for

90 the suspension of licenses under certain

91 circumstances; amending s. 560.310, F.S.; prohibiting

92 certain forms of personal identification for certain

93 corporate payment instruments; creating s. 627.7408,

94 F.S.; defining the terms "invalid out-of-state driver

95 license" and "unauthorized out-of-state driver";

96 creating a rebuttable presumption of fault against

97 unauthorized out-of-state drivers involved in motor

98 vehicle accidents; providing an exception; providing

99 for the rebuttal of the presumption upon the showing

100 of clear and convincing evidence; requiring the Office

101 of Insurance Regulation to determine whether the

102 presumption is rebutted within a specified timeframe;

103 requiring law enforcement officers to note the

104 presence of a presumption on a crash report form and

105 notify the Department of Highway Safety and Motor

106 Vehicles within a specified timeframe; requiring

107 insurers to apply the presumption when processing

108 claims, unless the presumption has been rebutted;

109 prohibiting insurers from paying or settling claims

110 with unauthorized out-of-state drivers; requiring

111 insurers to notify the Office of Insurance Regulation

112 within a specified timeframe under certain

113 circumstances; providing administrative penalties;

114 authorizing a private cause of action under certain

115 circumstances; providing for attorney fees and costs;

116 requiring the Department of Highway Safety and Motor

117 Vehicles and the Office of Insurance Regulation to

118 adopt certain rules; providing applicability and

119 construction; creating s. 655.98, F.S.; prohibiting a

120 state-chartered financial institution from accepting

121 certain forms of personal identification; requiring

122 the Office of Financial Regulation to adopt certain

123 rules; providing a directive to the Division of Law

124 Revision; providing an effective date.

126 Be It Enacted by the Legislature of the State of Florida:

128 Section 1. Section 17.72, Florida Statutes, is created to

129 read:

130 17.72 Prohibition on licensing and certification of

131 unauthorized aliens.—

132 (1) The department may not issue a license or

133 certification to any person who is an unauthorized alien as

134 defined in s. 908.111(1).

135 (2) The department shall adopt rules to establish criteria

136 for verifying compliance with subsection (1) before issuing any

137 license or certificate.

138 Section 2. Paragraph (c) of subsection (5) of section

139 125.0167, Florida Statutes, is amended to read:

140 125.0167 Discretionary surtax on documents; adoption;

141 application of revenue.—

142 (5)

143 (c) A county may not impose any requirement as a condition

144 to receiving any financial assistance on a borrower other than

145 requiring proof that the borrower is lawfully present in the

146 United States and that the borrower's income does not exceed 140

147 percent of the area median income. In addition to the income

148 eligibility requirement, borrowers may only be subject to loan

149 qualifications of lenders licensed to provide mortgage financing

150 as to the amount of the loan. A county may not create

151 requirements that restrict participation by eligible borrowers.

152 Section 3. Section 284.52, Florida Statutes, is created to

153 read:

154 284.52 Denial of claims.—

155 (1) As used in this section, the term:

156 (a) "Adult" has the same meaning as in s. 847.001.

157 (b) "Minor" has the same meaning as in s. 847.001.

158 (c) "Unauthorized alien" has the same meaning as in s.

159 908.111(1).

160 (2) The Division of Risk Management may approve or deny

161 claims relating to an unauthorized alien who is a minor;

162 however, the division may not approve a claim submitted by an

163 unauthorized alien who is an adult or by a person who fails to

164 provide lawful documentation of his or her lawful presence in

165 the United States to the division as required by state and

166 federal law.

167 Section 4. Subsection (5) of section 322.53, Florida

168 Statutes, is renumbered as subsection (6), and a new subsection

169 (5) is added to that section, to read:

170 322.53 License required; exemptions.—

171 (5) All licensing procedures, prelicensing instruction,

172 and licensing testing under this chapter must be conducted in

173 English. The use of interpreters, translators, translations, or

174 alternate language accommodations are prohibited.

175 Section 5. Section 420.56, Florida Statutes, is created to

176 read:

177 420.56 Down payment assistance for unauthorized aliens

178 prohibited.—

179 (1) As used in this section, the term:

180 (a) "Down payment assistance" includes, but is not limited

181 to, grants to assist a person in the purchase of a residential

182 property which takes the form of a loan or a silent second

183 mortgage.

184 (b) "Unauthorized alien" has the same meaning as in s.

185 908.111(1).

186 (2) State and local governmental entities, the

187 corporation, and private corporations, including nonprofit

188 organizations incorporated under chapter 617, participating in

189 down payment assistance programs or silent second mortgage

190 programs may not use state or local government funds to provide

191 any form of down payment assistance to a person who is an

192 unauthorized alien.

193 (3) If a person is discovered to have been an unauthorized

194 alien at the time he or she received down payment assistance

195 funded entirely or in part by state or local government funds

196 from a state or local governmental entity, the corporation, or a

197 private corporation, the unauthorized alien must immediately

198 repay the down payment assistance to the appropriate entity or

199 corporation. If the unauthorized alien does not repay the down

200 payment assistance, the state or local governmental entity, the

201 corporation, or the private corporation must initiate

202 foreclosure proceedings under chapter 702 against the

203 unauthorized alien.

204 Section 6. Section 420.5088, Florida Statutes, is amended to read:

206 420.5088 Florida Homeownership Assistance Program.—There

207 ~~is created~~ The Florida Homeownership Assistance Program is

208 created for the purpose of assisting low-income and moderate-

209 income persons who are lawfully present in the United States in

210 purchasing a home as their primary residence by reducing the

211 cost of the home with below-market construction financing, by

212 reducing the amount of down payment and closing costs paid by

213 the borrower to a maximum of 5 percent of the purchase price, or

214 by reducing the monthly payment to an affordable amount for the

215 borrower ~~purchaser.~~ Loans must ~~shall~~ be made available at an

216 interest rate that does not exceed 3 percent. The balance of any

217 loan is due at closing if the property is sold, refinanced,

218 rented, or transferred, unless otherwise approved by the

219 corporation.

220 (1) For loans made available pursuant to s.

221 420.507(23)(a)1. or 2.:

222 (a) The corporation may underwrite and make those mortgage

223 loans through the program to persons or families who are

224 lawfully present in the United States and have incomes that do

225 not exceed 120 percent of the state or local median income,

226 whichever is greater, adjusted for family size.

227 (b) Loans must ~~shall~~ be made available for the term of the

228 first mortgage.

229 (c) Loans may not exceed the lesser of 35 percent of the

230 purchase price of the home or the amount necessary to enable the

231 borrower ~~purchaser~~ to meet credit underwriting criteria.

232 (2) For loans made pursuant to s. 420.507(23)(a)3.:

233 (a) Availability is limited to nonprofit sponsors or

234 developers who are selected for program participation pursuant

235 to this subsection.

236 (b) Preference must be given to community-based

237 organizations as defined in s. 420.503.

238 (c) Priority must be given to projects that have received

239 state assistance in funding project predevelopment costs.

240 (d) The benefits of making such loans must ~~shall~~ be

241 contractually provided to the persons or families purchasing

242 homes financed under this subsection.

243 (e) At least 30 percent of the units in a project financed

244 pursuant to this subsection must be sold to persons or families

245 who are lawfully present in the United States and who have

246 incomes that do not exceed 80 percent of the state or local

247 median income, whichever amount is greater, adjusted for family

248 size; and at least another 30 percent of the units in a project

249 financed pursuant to this subsection must be sold to persons or

250 families who are lawfully present in the United States and who

251 have incomes that do not exceed 65 percent of the state or local

252 median income, whichever amount is greater, adjusted for family

253 size.

254 (f) The maximum loan amount may not exceed 33 percent of

255 the total project cost.

256 (g) A person who is lawfully present in the United States

257 and purchases a home in a project financed under this subsection

258 is eligible for a loan authorized by s. 420.507(23)(a)1. or 2.

259 in an aggregate amount not exceeding the construction loan made

260 pursuant to this subsection. The home purchaser must meet all

261 the requirements for loan recipients established pursuant to the

262 applicable loan program.

263 (h) The corporation shall provide, by rule, for the

264 establishment of a review committee composed of corporation

265 staff and shall establish, by rule, a scoring system for

266 evaluating and ranking applications submitted for construction

267 loans under this subsection, including, but not limited to, the

268 following criteria:

269 1. The affordability of the housing proposed to be built.

270 2. The direct benefits of the assistance to the persons

271 who will reside in the proposed housing.

272 3. The demonstrated capacity of the applicant to carry out

273 the proposal, including the experience of the development team.

274 4. The economic feasibility of the proposal.

275 5. The extent to which the applicant demonstrates

276 potential cost savings by combining the benefits of different

277 governmental programs and private initiatives, including the

278 local government contributions and local government

279 comprehensive planning and activities that promote affordable

280 housing.

281 6. The use of the least amount of program loan funds

282 compared to overall project cost.

283 7. The provision of homeownership counseling.

284 8. The applicant's agreement to exceed the requirements of

285 paragraph (e).

286 9. The commitment of first mortgage financing for the

287 balance of the construction loan and for the permanent loans to

288 the purchasers of the housing.

289 10. The applicant's ability to proceed with construction.

290 11. The targeting objectives of the corporation which will

291 ensure an equitable distribution of loans between rural and

292 urban areas.

293 12. The extent to which the proposal will further the

294 purposes of this program.

295 (i) The corporation may reject any and all applications.

296 (j) The review committee established by corporation rule

297 pursuant to this subsection shall make recommendations to the

298 corporation board regarding program participation under this

299 subsection. The corporation board shall make the final ranking

300 for participation based on the scores received in the ranking,

301 further review of the applications, and the recommendations of

302 the review committee. The corporation board shall approve or

303 reject applicants for loans and shall determine the tentative

304 loan amount available to each program participant. The final

305 loan amount shall be determined pursuant to rule adopted under

306 s. 420.507(23)(h).

307 (3) The corporation shall publish a notice of fund

308 availability in a publication of general circulation throughout

309 this ~~the~~ state at least 60 days before ~~prior to~~ the anticipated

310 availability of funds.

311 (4) ~~There is authorized to be established by~~ The

312 corporation may establish with a qualified public depository

313 meeting the requirements of chapter 280 the Florida

314 Homeownership Assistance Fund to be administered by the

315 corporation according to the provisions of this program. Any

316 amounts held in the Florida Homeownership Assistance Trust Fund

317 for such purposes as of January 1, 1998, must be transferred to

318 the corporation for deposit in the Florida Homeownership

319 Assistance Fund, whereupon the Florida Homeownership Assistance

320 Trust Fund must be closed. There shall be deposited in the fund

321 moneys from the State Housing Trust Fund created by s. 420.0005,

322 or moneys received from any other source, for the purpose of

323 this program and all proceeds derived from the use of such

324 moneys. In addition, all unencumbered funds, loan repayments,

325 proceeds from the sale of any property, and any other proceeds

326 that would otherwise accrue pursuant to the activities of the

327 programs described in this section shall be transferred to this

328 fund. In addition, all loan repayments, proceeds from the sale

329 of any property, and any other proceeds that would otherwise

330 accrue pursuant to the activities conducted under ~~the provisions~~

331 of the Florida Homeownership Assistance Program shall be

332 deposited in the fund and may ~~shall~~ not revert to the General

333 Revenue Fund. Expenditures from the Florida Homeownership

334 Assistance Fund are ~~shall~~ not be required to be included in the

335 corporation's budget request or be subject to appropriation by

336 the Legislature.

337 (5) No more than one-fifth of the funds available in the

338 Florida Homeownership Assistance Fund may be made available to

339 provide loan loss insurance reserve funds to facilitate

340 homeownership for eligible persons.

341 Section 7. Subsections (2) and (3) of section 420.5096,

342 Florida Statutes, are amended to read:

343 420.5096 Florida Hometown Hero Program.—

344 (2) The Florida Hometown Hero Program is created to assist

345 Florida's hometown workforce in attaining homeownership by

346 providing financial assistance to residents to purchase a home

347 as their primary residence. Under the program, a borrower who is

348 lawfully present in the United States may apply to the

349 corporation for a loan to reduce the amount of the down payment

350 and closing costs paid by the borrower by a minimum of $10,000

351 and up to 5 percent of the first mortgage loan, not exceeding

352 $35,000. Loans must be made available at a zero percent interest

353 rate and must be made available for the term of the first

354 mortgage. The balance of any loan is due at closing if the

355 property is sold, refinanced, rented, or transferred, unless

356 otherwise approved by the corporation.

357 (3) For loans made available pursuant to s.

358 420.507(23)(a)1. or 2., the corporation may underwrite and make

359 those mortgage loans through the program to persons or families

360 who are lawfully present in the United States and who have

361 household incomes that do not exceed 150 percent of the state

362 median income or local median income, whichever is greater. A

363 borrower must be seeking to purchase a home as a primary

364 residence; must be a first-time homebuyer, ~~and~~ a Florida

365 resident, and lawfully present in the United States; and must be

366 employed full-time by a Florida-based employer. The borrower

367 must provide documentation of full-time employment or full-time

368 status for self-employed individuals. The requirement to be a

369 first-time homebuyer does not apply to a borrower who is an

370 active duty servicemember of a branch of the armed forces or the

371 Florida National Guard, as defined in s. 250.01, or a veteran.

372 Section 8. Subsection (18) of section 440.02, Florida

373 Statutes, is amended to read:

374 440.02 Definitions.—When used in this chapter, unless the

375 context clearly requires otherwise, the following terms shall

376 have the following meanings:

377 (18)(a) "Employee" means any person who receives

378 remuneration from an employer for the performance of any work or

379 service while engaged in any employment under any appointment or

380 contract for hire or apprenticeship, express or implied, oral or

381 written, ~~whether lawfully or unlawfully employed,~~ and includes,

382 ~~but is not limited to,~~ aliens authorized for employment under

383 federal law and lawfully or unlawfully employed minors,

384 including minors who are not lawfully present in the United

385 States.

386 (b) "Employee" includes any person who is an officer of a

387 corporation and who performs services for remuneration for such

388 corporation within this state, whether or not such services are

389 continuous.

390 1. Any officer of a corporation may elect to be exempt

391 from this chapter by filing notice of the election with the

392 department as provided in s. 440.05.

393 2. As to officers of a corporation who are engaged in the

394 construction industry, no more than three officers of a

395 corporation or of any group of affiliated corporations may elect

396 to be exempt from this chapter by filing a notice of the

397 election with the department as provided in s. 440.05. Officers

398 must be shareholders, each owning at least 10 percent of the

399 stock of such corporation and listed as an officer of such

400 corporation with the Division of Corporations of the Department

401 of State, in order to elect exemptions under this chapter. For

402 purposes of this subparagraph, the term "affiliated" means and

403 includes one or more corporations or entities, any one of which

404 is a corporation engaged in the construction industry, under the

405 same or substantially the same control of a group of business

406 entities which are connected or associated so that one entity

407 controls or has the power to control each of the other business

408 entities. The term "affiliated" includes, but is not limited to,

409 the officers, directors, executives, shareholders active in

410 management, employees, and agents of the affiliated corporation.

411 The ownership by one business entity of a controlling interest

412 in another business entity or a pooling of equipment or income

413 among business entities shall be prima facie evidence that one

414 business is affiliated with the other.

415 3. An officer of a corporation who elects to be exempt

416 from this chapter by filing a notice of the election with the

417 department as provided in s. 440.05 is not an employee.

419 Services are presumed to have been rendered to the corporation

420 if the officer is compensated by other than dividends upon

421 shares of stock of the corporation which the officer owns.

422 (c) "Employee" includes:

423 1. A sole proprietor or a partner who is not engaged in

424 the construction industry, devotes full time to the

425 proprietorship or partnership, and elects to be included in the

426 definition of employee by filing notice thereof as provided in

427 s. 440.05.

428 2. All persons who are being paid by a construction

429 contractor as a subcontractor, unless the subcontractor has

430 validly elected an exemption as permitted by this chapter, or

431 has otherwise secured the payment of compensation coverage as a

432 subcontractor, consistent with s. 440.10, for work performed by

433 or as a subcontractor.

434 3. An independent contractor working or performing

435 services in the construction industry.

436 4. A sole proprietor who engages in the construction

437 industry and a partner or partnership that is engaged in the

438 construction industry.

439 (d) "Employee" does not include:

440 1. An independent contractor who is not engaged in the

441 construction industry.

442 a. In order to meet the definition of independent

443 contractor, at least four of the following criteria must be met:

444 (I) The independent contractor maintains a separate

445 business with his or her own work facility, truck, equipment,

446 materials, or similar accommodations;

447 (II) The independent contractor holds or has applied for a

448 federal employer identification number, unless the independent

449 contractor is a sole proprietor who is not required to obtain a

450 federal employer identification number under state or federal

451 regulations;

452 (III) The independent contractor receives compensation for

453 services rendered or work performed and such compensation is

454 paid to a business rather than to an individual;

455 (IV) The independent contractor holds one or more bank

456 accounts in the name of the business entity for purposes of

457 paying business expenses or other expenses related to services

458 rendered or work performed for compensation;

459 (V) The independent contractor performs work or is able to

460 perform work for any entity in addition to or besides the

461 employer at his or her own election without the necessity of

462 completing an employment application or process; or

463 (VI) The independent contractor receives compensation for

464 work or services rendered on a competitive-bid basis or

465 completion of a task or a set of tasks as defined by a

466 contractual agreement, unless such contractual agreement

467 expressly states that an employment relationship exists.

468 b. If four of the criteria listed in sub-subparagraph a.

469 do not exist, an individual may still be presumed to be an

470 independent contractor and not an employee based on full

471 consideration of the nature of the individual situation with

472 regard to satisfying any of the following conditions:

473 (I) The independent contractor performs or agrees to

474 perform specific services or work for a specific amount of money

475 and controls the means of performing the services or work.

476 (II) The independent contractor incurs the principal

477 expenses related to the service or work that he or she performs

478 or agrees to perform.

479 (III) The independent contractor is responsible for the

480 satisfactory completion of the work or services that he or she

481 performs or agrees to perform.

482 (IV) The independent contractor receives compensation for

483 work or services performed for a commission or on a per-job

484 basis and not on any other basis.

485 (V) The independent contractor may realize a profit or

486 suffer a loss in connection with performing work or services.

487 (VI) The independent contractor has continuing or

488 recurring business liabilities or obligations.

489 (VII) The success or failure of the independent

490 contractor's business depends on the relationship of business

491 receipts to expenditures.

492 c. Notwithstanding anything to the contrary in this

493 subparagraph, an individual claiming to be an independent

494 contractor has the burden of proving that he or she is an

495 independent contractor for purposes of this chapter.

496 2. A real estate licensee, if that person agrees, in

497 writing, to perform for remuneration solely by way of

498 commission.

499 3. Bands, orchestras, and musical and theatrical

500 performers, including disk jockeys, performing in licensed

501 premises as defined in chapter 562, if a written contract

502 evidencing an independent contractor relationship is entered

503 into before the commencement of such entertainment.

504 4. An owner-operator of a motor vehicle who transports

505 property under a written contract with a motor carrier which

506 evidences a relationship by which the owner-operator assumes the

507 responsibility of an employer for the performance of the

508 contract, if the owner-operator is required to furnish motor

509 vehicle equipment as identified in the written contract and the

510 principal costs incidental to the performance of the contract,

511 including, but not limited to, fuel and repairs, provided a

512 motor carrier's advance of costs to the owner-operator when a

513 written contract evidences the owner-operator's obligation to

514 reimburse such advance shall be treated as the owner-operator

515 furnishing such cost and the owner-operator is not paid by the

516 hour or on some other time-measured basis.

517 5. A person whose employment is both casual and not in the

518 course of the trade, business, profession, or occupation of the

519 employer.

520 6. A volunteer, except a volunteer worker for the state or

521 a county, municipality, or other governmental entity. A person

522 who does not receive monetary remuneration for services is

523 presumed to be a volunteer unless there is substantial evidence

524 that a valuable consideration was intended by both employer and

525 employee. For purposes of this chapter, the term "volunteer"

526 includes, but is not limited to:

527 a. Persons who serve in private nonprofit agencies and who

528 receive no compensation other than expenses in an amount less

529 than or equivalent to the standard mileage and per diem expenses

530 provided to salaried employees in the same agency or, if such

531 agency does not have salaried employees who receive mileage and

532 per diem, then such volunteers who receive no compensation other

533 than expenses in an amount less than or equivalent to the

534 customary mileage and per diem paid to salaried workers in the

535 community as determined by the department; and

536 b. Volunteers participating in federal programs

537 established under Pub. L. No. 93-113.

538 7. Unless otherwise prohibited by this chapter, any

539 officer of a corporation who elects to be exempt from this

540 chapter. Such officer is not an employee for any reason under

541 this chapter until the notice of revocation of election filed

542 pursuant to s. 440.05 is effective.

543 8. An officer of a corporation that is engaged in the

544 construction industry who elects to be exempt from the

545 provisions of this chapter, as otherwise permitted by this

546 chapter. Such officer is not an employee for any reason until

547 the notice of revocation of election filed pursuant to s. 440.05

548 is effective.

549 9. An exercise rider who does not work for a single horse

550 farm or breeder, and who is compensated for riding on a case-by-

551 case basis, provided a written contract is entered into prior to

552 the commencement of such activity which evidences that an

553 employee/employer relationship does not exist.

554 10. A taxicab, limousine, or other passenger vehicle-for-

555 hire driver who operates said vehicles pursuant to a written

556 agreement with a company which provides any dispatch, marketing,

557 insurance, communications, or other services under which the

558 driver and any fees or charges paid by the driver to the company

559 for such services are not conditioned upon, or expressed as a

560 proportion of, fare revenues.

561 11. A person who performs services as a sports official

562 for an entity sponsoring an interscholastic sports event or for

563 a public entity or private, nonprofit organization that sponsors

564 an amateur sports event. For purposes of this subparagraph, such

565 a person is an independent contractor. For purposes of this

566 subparagraph, the term "sports official" means any person who is

567 a neutral participant in a sports event, including, but not

568 limited to, umpires, referees, judges, linespersons,

569 scorekeepers, or timekeepers. This subparagraph does not apply

570 to any person employed by a district school board who serves as

571 a sports official as required by the employing school board or

572 who serves as a sports official as part of his or her

573 responsibilities during normal school hours.

574 12. Medicaid-enrolled clients under chapter 393 who are

575 excluded from the definition of employment under s.

576 443.1216(4)(d) and served by Adult Day Training Services under

577 the Home and Community-Based or the Family and Supported Living

578 Medicaid Waiver program in a sheltered workshop setting licensed

579 by the United States Department of Labor for the purpose of

580 training and earning less than the federal hourly minimum wage.

581 13. Medicaid-enrolled clients under chapter 393 who are

582 excluded from the definition of employment under s.

583 443.1216(4)(d) and served by Adult Day Training Services under

584 the Family and Supported Living Medicaid Waiver program in a

585 sheltered workshop setting licensed by the United States

586 Department of Labor for the purpose of training and earning less

587 than the federal hourly minimum wage.

588 14. An adult who is an unauthorized alien as defined in s.

589 908.111(1). Section 9. Subsection (2) of section 440.10, Florida

591 Statutes, is amended to read:

592 440.10 Liability for compensation.—

593 (2) Compensation shall be payable irrespective of fault as

594 a cause for the injury, except as provided in ss. 440.09(3) and

595 440.1001 ~~s. 440.09(3).~~

596 Section 10. Section 440.1001, Florida Statutes, is created

597 to read:

598 440.1001 Employer liability for injuries to unauthorized

599 aliens.—

600 (1) As used in this section, the term "unauthorized alien"

601 has the same meaning as in s. 908.111(1).

602 (2) An employer who hires or employs an adult who is not

603 authorized to work in the United States under federal law is

604 personally and fully liable for all medical and treatment costs,

605 disability benefits, and death benefits compensable under this

606 chapter resulting from an injury sustained by the unauthorized

607 alien during his or her employment.

608 (3) An employer remains financially responsible and must

609 reimburse a carrier for medical and treatment costs, disability

610 benefits, and death benefits compensable under this chapter

611 resulting from an injury.

612 (4) A dispute arising out of this chapter between an

613 employer and an adult who is an unauthorized alien must be

614 adjudicated by a judge of compensation claims. Judicial review

615 of an order issued by such judge must be sought under s.

616 440.271.

617 (5) An employer who violates this section is subject to

618 the following penalties:

619 (a) A fine not to exceed $50,000 per violation. Fines

620 collected under this paragraph must be deposited into the

621 Workers' Compensation Administration Trust Fund.

622 (b) Reimbursement of any public funds expended to provide

623 medical care to the unauthorized alien.

624 (c) Revocation of the employer's business license,

625 registration, or certification issued by the appropriate

626 licensing authority.

627 (6) The department shall transfer reported violations of

628 this section to the appropriate licensing authority for

629 enforcement. Section 11. Section 440.1002, Florida Statutes, is created

631 to read:

632 440.1002 Employment eligibility for purposes of workers'

633 compensation eligibility.—

634 (1) As used in this section, the term "E-Verify system"

635 has the same meaning as in s. 448.095(1).

636 (2) Before an employer may submit a claim for workers'

637 compensation benefits for an employee, the employer must first

638 verify the employee's employment eligibility through the E-

639 Verify system.

640 (3) If an employer fails to check an employee's employment

641 eligibility through the E-Verify system before submitting a

642 claim for workers' compensation benefits, the employer is:

643 (a) Financially responsible for reimbursement of all

644 indemnity or medical coverage from the employer's workers

645 compensation carrier for injuries sustained by that employee.

646 (b) Personally liable for all costs, expenses, and

647 benefits that would have otherwise been covered under this

648 chapter.

649 (4) An employer must retain for 5 years a copy of the

650 documentation provided and any verification generated, if

651 applicable, by the E-Verify system for each employee. The

652 employer must provide such documentation or verification to the

653 department or carrier upon request.

654 (5) This section may not be construed to bestow any

655 employment rights or legal status on an employee who is verified

656 through the E-Verify system.

657 (6) The department may adopt rules to implement and

658 enforce this section.

659 Section 12. Section 448.09, Florida Statutes, is amended

660 to read:

661 448.09 Unauthorized aliens; employment prohibited.—

662 (1) As used in this section, the term "license" has the

663 same meaning as in s. 120.52.

664 (2)(1) It is unlawful for any person to knowingly employ,

665 hire, recruit, or refer, either for herself or himself or on

666 behalf of another, for private or public employment within this

667 state, an alien who is not duly authorized to work by the

668 immigration laws of the United States, the Attorney General of

669 the United States, or the United States Secretary of the

670 Department of Homeland Security.

671 (3)(2) If the Department of Commerce finds or is notified

672 by an entity specified in s. 448.095(3)(a) that an employer has

673 knowingly employed an unauthorized alien without verifying the

674 employment eligibility of such person, the department must enter

675 an order pursuant to chapter 120 making such determination and

676 require repayment of any economic development incentive pursuant

677 to s. 288.061(6).

678 (4)(3) For an employer who knowingly violates ~~a violation~~

679 of this section, the department shall impose a fine not to

680 exceed $10,000 and notify any licensing agency under chapter 120

681 which issued a license to such employer. Upon receiving

682 notification under this subsection, the licensing agency must

683 suspend for 1 year any licenses held by the employer which were

684 issued by such licensing agency. Fines collected under this

685 subsection must be deposited into the State Economic Enhancement

686 and Development Trust Fund.

687 (5) For an employer who knowingly violates this section a

688 second time, the department shall impose a fine not to exceed

689 $100,000 and notify any licensing agency under chapter 120 which

690 issued a license to such employer. Upon receiving notification

691 under this subsection, the licensing agency must suspend for 5

692 years any licenses held by the employer which were issued by

693 such licensing agency. Fines collected under this subsection

694 must be deposited into the State Economic Enhancement and

695 Development Trust Fund.

696 (6) For an employer who knowingly violates this section a

697 third time, the department shall impose a fine not to exceed

698 $250,000 and notify any licensing agency under chapter 120 which

699 issued a license to such employer. Upon receiving notification

700 under this subsection, the licensing agency must permanently

701 revoke any licenses held by the employer personally, as well as

702 any licenses held by the entity, if the employer is a

703 corporation, which were issued by such licensing agency. Fines

704 collected under this subsection must be deposited into the State

705 Economic Enhancement and Development Trust Fund.

706 (7)(a) For an employer who knowingly violates this section

707 and the actions of an unauthorized alien employee result in

708 injuries to another person, the department shall, at a minimum,

709 impose a fine of at least $100,000 and notify any licensing

710 agency under chapter 120 which issued a license to such

711 employer. Upon receiving notification under this paragraph, the

712 licensing agency must suspend for 5 years any licenses held by

713 the employer which were issued by such licensing agency.

714 (b) For an employer who knowingly violates this section

715 and the actions of an unauthorized alien employee result in the

716 death of another person, the department shall impose a fine not

717 to exceed $500,000 and notify any licensing agency under chapter

718 120 which issued a license to such employer. Upon receiving

719 notification under this paragraph, the licensing agency must

720 permanently revoke any licenses held by the employer which were

721 issued by such licensing agency.

722 (c) Fines collected under this subsection must be

723 deposited into the State Economic Enhancement and Development

724 Trust Fund.

725 (d) There is created a civil cause of action against an

726 employer who violates this section and such violation results in

727 injuries to or the death of another person.

728 (8) Any person, including an owner, officer, agent, or

729 employee of an employer, who knowingly hires more than 50

730 unauthorized aliens commits a felony of the third degree,

731 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

732 and the department shall notify any licensing agency under

733 chapter 120 which issued a license to such employer. Upon

734 receiving notification under this subsection, the licensing

735 agency must permanently revoke any licenses held by the employer

736 which were issued by such licensing agency.

737 (9) A person who is injured or the next of kin, as defined

738 in s. 744.102, of a person who is killed by the actions of an

739 unauthorized alien employee may bring a cause of action under

740 subsection (7) against the employer for damages for bodily

741 injury or death ~~place the employer on probation for a 1-year~~

742 ~~period and require that the employer report quarterly to the~~

743 ~~department to demonstrate compliance with the requirements of~~

744 ~~subsection (1) and s. 448.095.~~

745 ~~(4) Any violation of this section which takes place within~~

746 ~~24 months after a previous violation constitutes grounds for the~~

747 ~~suspension or revocation of all licenses issued by a licensing~~

748 ~~agency subject to chapter 120. The department shall take the~~

749 ~~following actions for a violation involving:~~

750 ~~(a) One to ten unauthorized aliens, suspension of all~~

751 ~~applicable licenses held by a private employer for up to 30 days~~

752 ~~by the respective agencies that issued them.~~

753 ~~(b) Eleven to fifty unauthorized aliens, suspension of all~~

754 ~~applicable licenses held by a private employer for up to 60 days~~

755 ~~by the respective agencies that issued them.~~

756 ~~(c) More than fifty unauthorized aliens, revocation of all~~

757 ~~applicable licenses held by a private employer by the respective~~

758 ~~agencies that issued them.~~

759 (10)(5) An alien who is not duly authorized to work by the

760 immigration laws of the United States, the Attorney General of

761 the United States, or the United States Secretary of the

762 Department of Homeland Security and who knowingly uses a false

763 identification document or who fraudulently uses an

764 identification document of another person for the purpose of

765 obtaining employment commits a felony of the third degree,

766 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

767 Section 13. Paragraph (a) of subsection (3), paragraph (c)

768 of subsection (5), and paragraph (b) of subsection (6) of

769 section 448.095, Florida Statutes, are amended to read:

770 448.095 Employment eligibility.—

771 (3) ENFORCEMENT.—

772 (a) For the purpose of enforcement of this section, any of

773 the following persons or entities may request, and an employer

774 must provide, copies of any documentation relied upon by the

775 employer for the verification of a new employee's employment

776 eligibility:

777 1. The Department of Law Enforcement;

778 2. The Attorney General;

779 3. The state attorney in the circuit in which the new

780 employee works;

781 4. The statewide prosecutor;

782 5. The Department of Financial Services; or

783 6.5. The Department of Commerce.

784 (5) PUBLIC AGENCY CONTRACTING.—

785 (c)1. A public agency, contractor, or subcontractor who

786 has a good faith belief that a person or an entity with which it

787 is contracting has knowingly violated s. 448.09(2) ~~s. 448.09(1)~~

788 shall terminate the contract with the person or entity.

789 2. A public agency that has a good faith belief that a

790 subcontractor knowingly violated this subsection, but the

791 contractor otherwise complied with this subsection, shall

792 promptly notify the contractor and order the contractor to

793 immediately terminate the contract with the subcontractor.

794 3. A contract terminated under this paragraph is not a

795 breach of contract and may not be considered as such. If a

796 public agency terminates a contract with a contractor under this

797 paragraph, the contractor may not be awarded a public contract

798 for at least 1 year after the date on which the contract was

799 terminated. A contractor is liable for any additional costs

800 incurred by a public agency as a result of the termination of a

801 contract.

802 (6) COMPLIANCE.—

803 (b) If the Department of Commerce determines that an

804 employer failed to use the E-Verify system as required under

805 this section three times in any 24-month period, the department

806 must impose a fine of $1,000 per day until the employer provides

807 sufficient proof to the department that the noncompliance is

808 cured. Noncompliance constitutes grounds for the suspension of

809 all licenses issued by a licensing agency subject to chapter 120

810 until the noncompliance is cured. As used in this paragraph, the

811 term "license" has the same meaning as in s. 120.52.

812 Section 14. Subsection (7) is added to section 560.208,

813 Florida Statutes, to read:

814 560.208 Conduct of business.—In addition to the

815 requirements specified in s. 560.1401, a licensee under this

816 part:

817 (7) May not initiate a foreign remittance transfer unless

818 the licensee has verified that the sender is not an unauthorized

819 alien as defined in s. 908.111(1).

820 (a) As used in this subsection, the term "foreign

821 remittance transfer" means a remittance transfer as defined in

822 the Electronic Fund Transfer Act, 15 U.S.C. s. 1693o-1, as

823 amended, the recipient of which is located in any country other

824 than the United States.

825 (b) The commission shall adopt rules relating to

826 acceptable forms of documentation that a licensee must use to

827 verify that the sender of a foreign remittance transfer is not

828 an unauthorized alien. The licensee must provide confirmation of

829 verification on forms the commission prescribes. All required

830 forms must be submitted to the office by the 15th of the month

831 after the close of each calendar quarter.

832 (c) A licensee who initiates a foreign remittance transfer

833 in violation of this subsection, must pay a penalty equal to 25

834 percent of the United States dollar amount transferred,

835 excluding any fees or charges imposed by the licensee. A

836 licensee must remit to the office the amount of any penalty

837 owed, along with any forms prescribed by the office, by the 15th

838 of the month after the close of each calendar quarter.

839 Notwithstanding ss. 252.3711 and 560.144, the office must

840 deposit in the Regulatory Trust Fund the penalties collected

841 under this paragraph. Notwithstanding any other provision of

842 law, the penalty imposed in this paragraph is the only remedy

843 for a violation of this subsection and a licensee may not be

844 subject to any other penalty.

845 Section 15. Paragraphs (i) and (j) of subsection (1) of

846 section 560.211, Florida Statutes, are redesignated as

847 paragraphs (j) and (k), respectively, and a new paragraph (i) is

848 added to that subsection, to read:

849 560.211 Required records.—

850 (1) In addition to the record retention requirements under

851 s. 560.1105, each licensee under this part must make, keep, and

852 preserve the following books, accounts, records, and documents

853 for 5 years:

854 (i) The documentation used to verify that the sender of a

855 foreign remittance transfer, as defined in s. 560.208(7)(a), is

856 not an unauthorized alien, as defined in s. 908.111(1), and the

857 penalties paid to the office pursuant to s. 560.208(7)(c),

858 including the date and amount of each foreign remittance

859 transfer and the name, date of birth, and address of each

860 sender.

861 Section 16. Section 560.2115, Florida Statutes, is created

862 to read:

863 560.2115 Required records audit.—

864 (1) As used in this section, the term:

865 (a) "Foreign remittance transfer" has the same meaning as

866 in s. 560.208(7)(a).

867 (b) "Unauthorized alien" has the same meaning as in s.

868 908.111(1).

869 (2) For enforcement purposes, the office may at any time

870 request, and the licensee must provide, records of documentation

871 used to verify that the sender of a foreign remittance transfer

872 is not an unauthorized alien.

873 (3)(a) A person who has a good faith belief that a

874 licensee is failing to comply with s. 560.208(7) may file a

875 complaint with the office.

876 (b) Upon receipt of a valid complaint of a violation of s.

877 560.208(7), which is substantiated by evidence, the office must

878 notify the licensee of the complaint and the substantiated

879 evidence and the licensee must pay the penalty under s.

880 560.208(7)(c).

881 (4) Beginning July 1, 2026, the office must conduct random

882 quarterly audits of licensees to ensure compliance with s.

883 560.208(7). During an audit, the licensee must produce to the

884 office records of documentation the licensee used to verify that

885 each sender of a foreign remittance transfer is not an

886 unauthorized alien.

887 (5) Failure to comply with subsections (1)-(4) constitutes

888 grounds for the suspension of all licenses held by the licensee

889 which were issued by the office. Section 17. Subsection (2) of section 560.310, Florida

891 Statutes, is amended to read:

892 560.310 Records of check cashers and foreign currency

893 exchangers.—

894 (2) If the payment instrument is ~~exceeds~~ $1,000 or more,

895 the following additional information must be maintained or

896 submitted:

897 (a) Customer files, as prescribed by rule, on all

898 customers who cash corporate payment instruments that are ~~exceed~~

899 $1,000 or more.

900 (b) A copy of the personal identification that bears a

901 photograph of the customer used as identification and presented

902 by the customer. Acceptable personal identification is limited

903 to a valid driver license; a state identification card issued by

904 any state of the United States or its territories or the

905 District of Columbia, and showing a photograph and signature; a

906 United States Government Resident Alien Identification Card; a

907 passport; or a United States Military identification card. The

908 following may not be used as a form of personal identification:

909 1. A license or identification card issued exclusively to

910 an unauthorized alien or undocumented immigrant.

911 2. A license or identification card that is substantially

912 the same as a license or identification card issued to a United

913 States citizen or resident or others lawfully present in the

914 United States but which has markings establishing that the

915 license holder did not present proof of his or her lawful

916 presence in the United States.

917 (c) A thumbprint of the customer taken by the licensee

918 when the payment instrument is presented for negotiation or

919 payment.

920 (d) The office shall, at a minimum, require licensees to

921 submit the following information to the check cashing database

922 or electronic log, before entering into each check cashing

923 transaction for each payment instrument being cashed, in such

924 format as required by rule:

925 1. Transaction date.

926 2. Payor name as displayed on the payment instrument.

927 3. Payee name as displayed on the payment instrument.

928 4. Conductor name, if different from the payee name.

929 5. Amount of the payment instrument.

930 6. Amount of currency provided.

931 7. Type of payment instrument, which may include personal,

932 payroll, government, corporate, third-party, or another type of

933 instrument.

934 8. Amount of the fee charged for cashing of the payment

935 instrument.

936 9. Branch or location where the payment instrument was

937 accepted.

938 10. The type of identification and identification number

939 presented by the payee or conductor.

940 11. Payee's workers' compensation insurance policy number

941 or exemption certificate number, if the payee is a business.

942 12. Such additional information as required by rule.

944 For purposes of this subsection, multiple payment instruments

945 accepted from any one person on any given day which total $1,000

946 or more must be aggregated and reported in the check cashing

947 database or on the log.

948 Section 18. Section 627.7408, Florida Statutes, is created

949 to read:

950 627.7408 Presumption of fault in motor vehicle accidents

951 involving unauthorized out-of-state drivers.—

952 (1) As used in this section, the term:

953 (a) "Invalid out-of-state driver license" means a driver

954 license deemed invalid under s. 322.033.

955 (b) "Unauthorized out-of-state driver" means a person

956 operating a vehicle who has an invalid out-of-state driver

957 license.

958 (2) If an unauthorized out-of-state driver is involved in

959 a motor vehicle accident in this state, there is a rebuttable

960 presumption that the unauthorized-out-of-state driver is at

961 fault for the accident for purposes of filing an insurance

962 claim. This presumption applies regardless of the unauthorized

963 out-of-state driver's compliance with other traffic laws at the

964 time of the motor vehicle accident.

965 (3) The presumption under subsection (2) does not apply if

966 the other driver involved in the motor vehicle accident is

967 determined, by clear and convincing evidence, to be at egregious

968 fault because of, but not limited to, reckless driving in

969 violation of s. 316.192, leaving the scene of an accident in

970 violation of s. 316.027, or racing on highways in violation of

971 s. 316.191.

972 (4) The presumption established under subsection (2) may

973 be rebutted by clear and convincing evidence that the

974 unauthorized out-of-state driver was not at fault based on

975 factors such as witness statements, accident reconstruction, or

976 video evidence directly related to the circumstances of the

977 motor vehicle accident. The office must determine, within 5

978 business days after receipt of the evidence, whether the

979 evidence presented is sufficient to rebut the presumption.

980 (5) Upon investigation of a motor vehicle accident, a law

981 enforcement officer, as defined in s. 943.10(1), must verify

982 whether any person involved in the motor vehicle accident is an

983 unauthorized out-of-state driver or has an invalid out-of-state

984 driver license in violation of s. 322.033. If a driver is

985 determined to be in violation of s. 322.033 and he or she does

986 not qualify for an exemption under subsection (3), the law

987 enforcement officer must note the presumption of fault on the

988 Florida Traffic Crash Report, Long Form or short-form crash

989 report under s. 316.066, as applicable, and notify the

990 Department of Highway Safety and Motor Vehicles within 48 hours

991 after the accident.

992 (6) Insurers licensed under chapter 624 must apply the

993 presumption under this section in processing claims and may not

994 pay benefits to or settle claims with an unauthorized out-of-

995 state driver, unless the office has determined the presumption

996 has been rebutted. Insurers must report any suspected

997 noncompliance or rebuttal attempts by the unauthorized out-of-

998 state driver to the office within 30 days after the filing of an

999 insurance claim. An insurer that fails to comply with this

1000 subsection is subject to administrative penalties under s.

1001 624.4211.

1002 (7) The Department of Highway Safety and Motor Vehicles

1003 and the office shall adopt rules to implement this section,

1004 including standardized verification forms and procedures for

1005 interagency coordination.

1006 (8)(a) This section applies to all insurance policies

1007 issued or renewed on or after the effective date of this act and

1008 to all motor vehicle accidents occurring on or after the

1009 effective date of this act.

1010 (b) This section may not be construed to interfere with or

1011 limit a law enforcement officer's authority delegated under a

1012 287(g) agreement with United States Immigration and Customs

1013 Enforcement.

1014 Section 19. Section 655.98, Florida Statutes, is created to read:

1016 655.98 Prohibited forms of identification for state-

1017 chartered financial institutions.—

1018 (1) A state-chartered financial institution may not accept

1019 any of the following as a form of identification for the purpose

1020 of opening a deposit account, loan account, safe deposit box, or

1021 to receive any other services from a state-chartered financial

1022 institution:

1023 (a) A license or identification card issued exclusively to

1024 an unauthorized alien or undocumented immigrant.

1025 (b) A license or identification card that is substantially

1026 the same as a license or identification card issued to a United

1027 States citizen or resident or others lawfully present in the

1028 United States but which has markings establishing that the

1029 license holder did not present proof of his or her lawful

1030 presence in the United States.

1031 (2) The Office of Financial Regulation shall adopt rules

1032 to ensure compliance with, and to enforce, this section.

1033 Section 20. The Division of Law Revision is directed to

1034 replace the phrase "the effective date of this act" wherever it

1035 occurs in this act with the date this act becomes a law.

1036 Section 21. This act shall take effect upon becoming a

1037 law.