SB 1380 full text · Session Watch

Florida Senate - 2026 SB 1380 By Senator Martin 33-00841C-26 20261380__

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.; defining terms; authorizing the Division

10 of Risk Management to approve or deny claims relating

11 to a minor who is an unauthorized alien; prohibiting

12 the division from approving any claim submitted by an

13 adult who is an unauthorized alien or fails to provide

14 lawful documentation of citizenship; amending s.

15 322.53, F.S.; requiring that certain procedures,

16 instruction, and testing be conducted in English;

17 prohibiting the use of interpreters, translators,

18 translations, or alternate language accommodations;

19 creating s. 420.56, F.S.; defining terms; prohibiting

20 certain entities and corporations from providing down

21 payment assistance to unauthorized aliens; requiring

22 an unauthorized alien to repay such down payment

23 assistance, if received; authorizing certain entities

24 and corporations to initiate foreclosure proceedings

25 under certain circumstances; amending s. 420.5088,

26 F.S.; providing that the purpose of the Florida

27 Homeownership Assistance Program is to assist in

28 purchasing homes certain persons who are lawfully

29 present in the United States; amending s. 420.5096,

30 F.S.; providing that the purpose of the Florida

31 Hometown Hero Program is to assist certain persons who

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

33 440.02, F.S.; revising the definition of the term

34 “employee”; amending s. 440.10, F.S.; conforming a

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

36 440.1001, F.S.; defining the term “unauthorized

37 alien”; providing that an employer who hires or

38 employs an unauthorized alien is personally liable for

39 any medical and treatment costs resulting from an

40 injury to such person; prohibiting an employer from

41 transferring or shifting financial responsibility for

42 such injury to others; providing administrative

43 penalties; requiring fines collected to be deposited

44 into the Workers’ Compensation Administration Trust

45 Fund; requiring the department to transfer reported

46 violations to appropriate licensing authorities;

47 creating s. 440.1002, F.S.; defining the term “E

48 Verify system”; requiring an employer to verify an

49 employee’s employment eligibility before submitting a

50 workers’ compensation claim; requiring employers to

51 retain and provide to the department upon request

52 certain documentation and verification; providing

53 construction; authorizing the department to adopt

54 rules; amending s. 448.09, F.S.; providing

55 administrative and criminal penalties for an employer

56 who knowingly employs, hires, recruits, or refers an

57 unauthorized alien; requiring fines collected to be

58 deposited into the State Economic Enhancement and

59 Development Trust Fund; providing a civil cause of

60 action; amending s. 448.095, F.S.; authorizing the

61 department to request certain verification of an

62 employee’s employment eligibility; amending s.

63 560.208, F.S.; requiring a licensee to verify a

64 person’s citizenship status before initiating a

65 foreign remittance transfer; defining the term

66 “foreign remittance transfer”; requiring the Financial

67 Services Commission to adopt certain rules; requiring

68 licensees to submit certain forms to the commission

69 within a specified timeframe; providing an

70 administrative penalty for a specified violation;

71 requiring a licensee subject to such penalty to submit

72 payment to the commission within a specified

73 timeframe; requiring the commission to deposit

74 penalties collected into the Regulatory Trust Fund;

75 providing construction; amending s. 560.211, F.S.;

76 requiring licensees to make, keep, and preserve

77 certain documentation used to verify that a sender of

78 a foreign remittance transfer is not an unauthorized

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

80 “foreign remittance transfer” and “unauthorized

81 alien”; authorizing the Office of Financial Regulation

82 of the commission to request records of certain

83 documentation; authorizing a person to file a

84 complaint with the office; requiring the office to

85 notify a licensee upon receiving a substantiated

86 complaint; requiring the office to conduct random

87 quarterly audits beginning on a specified date;

88 providing for the suspension of licenses under certain

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

90 the use of certain forms of personal identification

91 for certain corporate payment instruments; creating s.

92 627.7408, F.S.; defining the terms “invalid out-of

93 state driver license” and “unauthorized out-of-state

94 driver”; creating a rebuttable presumption of fault

95 against unauthorized out-of-state drivers involved in

96 motor vehicle accidents; providing exceptions;

97 providing for the rebuttal of the presumption upon the

98 showing of clear and convincing evidence; requiring

99 law enforcement officers to note the presence of a

100 presumption on a crash report form and notify the

101 Department of Highway Safety and Motor Vehicles within

102 a specified timeframe; requiring insurers to apply the

103 presumption when processing claims; prohibiting

104 insurers from paying or settling claims with

105 unauthorized out-of-state drivers; requiring insurers

106 to notify the Office of Insurance Regulation within a

107 specified timeframe under certain circumstances;

108 providing administrative penalties; authorizing a

109 private cause of action under certain circumstances;

110 providing for attorney fees and costs; requiring the

111 Department of Highway Safety and Motor Vehicles and

112 the Office of Insurance Regulation to adopt certain

113 rules; providing applicability and construction;

114 creating s. 655.98, F.S.; prohibiting a state

115 chartered financial institution from accepting certain

116 forms of personal identification; requiring the Office

117 of Financial Regulation to adopt certain rules;

118 providing a directive to the Division of Law Revision;

119 providing an effective date.

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

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

124 read:

125 17.72 Prohibition on licensing and certification of

126 unauthorized aliens.—

127 (1) The department may not issue a license or certification

128 to any person who is an unauthorized alien as defined in s.

129 908.111(1).

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

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

132 license or certificate.

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

134 125.0167, Florida Statutes, is amended to read:

135 125.0167 Discretionary surtax on documents; adoption;

136 application of revenue.—

137 (5)

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

139 to receiving any financial assistance on a borrower other than

140 requiring proof that the borrower is lawfully present in the

141 United States and that the borrower’s income does not exceed 140

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

143 eligibility requirement, borrowers may only be subject to loan

144 qualifications of lenders licensed to provide mortgage financing

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

146 requirements that restrict participation by eligible borrowers.

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

148 read:

149 284.52 Denial of claims.—

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

151 (a) “Adult” has the same meaning as in s. 847.001.

152 (b) “Minor” has the same meaning as in s. 847.001.

153 (c) “Unauthorized alien” has the same meaning as in s.

154 908.111.

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

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

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

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

159 provide lawful documentation of citizenship to the division as

160 required by state and federal law.

161 Section 4. Present subsection (5) of section 322.53,

162 Florida Statutes, is redesignated as subsection (6), and a new

163 subsection (5) is added to that section, to read:

164 322.53 License required; exemptions.—

165 (5) All licensing procedures, prelicensing instruction, and

166 licensing testing under this chapter must be conducted in

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

168 alternate language accommodations is prohibited.

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

170 read:

171 420.56 Down payment assistance for unauthorized aliens

172 prohibited.—

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

174 (a) “Down payment assistance” includes, but is not limited

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

176 property which take the form of a loan or a silent second

177 mortgage.

178 (b) “Silent second mortgage” means a second mortgage used

179 to secure funds for a down payment for a residential property

180 which is not disclosed to the original mortgage lender before

181 closing occurs.

182 (c) “Unauthorized alien” has the same meaning as in s.

183 908.111.

184 (2) State and local governmental entities, the corporation,

185 and private corporations, including nonprofit organizations

186 incorporated under chapter 617, participating in down payment

187 assistance programs or silent second mortgage programs may not

188 provide any form of down payment assistance to a person who is

189 an unauthorized alien.

190 (3) If an unauthorized alien is discovered to have received

191 down payment assistance from a state or local governmental

192 entity, the corporation, or a private corporation, the

193 unauthorized alien must immediately repay the down payment

194 assistance to the appropriate entity or corporation. If the

195 unauthorized alien does not repay the down payment assistance,

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

197 private corporation must initiate foreclosure proceedings under

198 chapter 702 against the unauthorized alien.

199 Section 6. Section 420.5088, Florida Statutes, is amended

200 to read:

201 420.5088 Florida Homeownership Assistance Program.— ~~There is~~

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

203 for the purpose of assisting low-income and moderate-income

204 persons who are lawfully present in the United States in

205 purchasing a home as their primary residence by reducing the

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

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

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

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

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

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

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

213 rented, or transferred, unless otherwise approved by the

214 corporation.

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

216 420.507(23)(a)1. or 2.:

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

218 loans through the program to persons or families who are

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

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

221 whichever is greater, adjusted for family size.

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

223 first mortgage.

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

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

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

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

228 (a) Availability is limited to nonprofit sponsors or

229 developers who are selected for program participation pursuant

230 to this subsection.

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

232 organizations as defined in s. 420.503.

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

234 state assistance in funding project predevelopment costs.

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

236 contractually provided to the persons or families purchasing

237 homes financed under this subsection.

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

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

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

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

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

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

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

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

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

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

248 size.

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

250 the total project cost.

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

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

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

254 in an aggregate amount not exceeding the construction loan made

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

256 the requirements for loan recipients established pursuant to the

257 applicable loan program.

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

259 establishment of a review committee composed of corporation

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

261 evaluating and ranking applications submitted for construction

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

263 following criteria:

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

265 2. The direct benefits of the assistance to the persons who

266 will reside in the proposed housing.

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

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

269 4. The economic feasibility of the proposal.

270 5. The extent to which the applicant demonstrates potential

271 cost savings by combining the benefits of different governmental

272 programs and private initiatives, including the local government

273 contributions and local government comprehensive planning and

274 activities that promote affordable housing.

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

276 compared to overall project cost.

277 7. The provision of homeownership counseling.

278 8. The applicant’s agreement to exceed the requirements of

279 paragraph (e).

280 9. The commitment of first mortgage financing for the

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

282 the purchasers of the housing.

283 10. The applicant’s ability to proceed with construction.

284 11. The targeting objectives of the corporation which will

285 ensure an equitable distribution of loans between rural and

286 urban areas.

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

288 purposes of this program.

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

290 (j) The review committee established by corporation rule

291 pursuant to this subsection shall make recommendations to the

292 corporation board regarding program participation under this

293 subsection. The corporation board shall make the final ranking

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

295 further review of the applications, and the recommendations of

296 the review committee. The corporation board shall approve or

297 reject applicants for loans and shall determine the tentative

298 loan amount available to each program participant. The final

299 loan amount shall be determined pursuant to rule adopted under

300 s. 420.507(23)(h).

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

302 availability in a publication of general circulation throughout

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

304 availability of funds.

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

306 corporation may establish with a qualified public depository

307 meeting the requirements of chapter 280 the Florida

308 Homeownership Assistance Fund to be administered by the

309 corporation according to the provisions of this program. Any

310 amounts held in the Florida Homeownership Assistance Trust Fund

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

312 the corporation for deposit in the Florida Homeownership

313 Assistance Fund, whereupon the Florida Homeownership Assistance

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

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

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

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

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

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

320 that would otherwise accrue pursuant to the activities of the

321 programs described in this section shall be transferred to this

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

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

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

325 of the Florida Homeownership Assistance Program shall be

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

327 Revenue Fund. Expenditures from the Florida Homeownership

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

329 corporation’s budget request or be subject to appropriation by

330 the Legislature.

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

332 Florida Homeownership Assistance Fund may be made available to

333 provide loan loss insurance reserve funds to facilitate

334 homeownership for eligible persons.

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

336 Florida Statutes, are amended to read:

337 420.5096 Florida Hometown Hero Program.—

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

339 Florida’s hometown workforce in attaining homeownership by

340 providing financial assistance to residents to purchase a home

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

342 lawfully present in the United States may apply to the

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

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

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

346 $35,000. Loans must be made available at a zero percent interest

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

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

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

350 otherwise approved by the corporation.

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

352 420.507(23)(a)1. or 2., the corporation may underwrite and make

353 those mortgage loans through the program to persons or families

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

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

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

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

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

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

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

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

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

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

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

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

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

367 Statutes, is amended to read:

368 440.02 Definitions.—When used in this chapter, unless the

369 context clearly requires otherwise, the following terms shall

370 have the following meanings:

371 (18)(a) “Employee” means any person who receives

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

373 service while engaged in any employment under any appointment or

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

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

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

377 federal law and lawfully or unlawfully employed minors.

378 (b) “Employee” includes any person who is an officer of a

379 corporation and who performs services for remuneration for such

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

381 continuous.

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

383 this chapter by filing notice of the election with the

384 department as provided in s. 440.05.

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

386 construction industry, no more than three officers of a

387 corporation or of any group of affiliated corporations may elect

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

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

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

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

392 corporation with the Division of Corporations of the Department

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

394 purposes of this subparagraph, the term “affiliated” means and

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

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

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

398 entities which are connected or associated so that one entity

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

400 entities. The term “affiliated” includes, but is not limited to,

401 the officers, directors, executives, shareholders active in

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

403 The ownership by one business entity of a controlling interest

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

405 among business entities shall be prima facie evidence that one

406 business is affiliated with the other.

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

408 this chapter by filing a notice of the election with the

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

411 Services are presumed to have been rendered to the corporation

412 if the officer is compensated by other than dividends upon

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

414 (c) “Employee” includes:

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

416 construction industry, devotes full time to the proprietorship

417 or partnership, and elects to be included in the definition of

418 employee by filing notice thereof as provided in s. 440.05.

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

420 contractor as a subcontractor, unless the subcontractor has

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

422 has otherwise secured the payment of compensation coverage as a

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

424 or as a subcontractor.

425 3. An independent contractor working or performing services

426 in the construction industry.

427 4. A sole proprietor who engages in the construction

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

429 construction industry.

430 (d) “Employee” does not include:

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

432 construction industry.

433 a. In order to meet the definition of independent

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

435 (I) The independent contractor maintains a separate

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

437 materials, or similar accommodations;

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

439 federal employer identification number, unless the independent

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

441 federal employer identification number under state or federal

442 regulations;

443 (III) The independent contractor receives compensation for

444 services rendered or work performed and such compensation is

445 paid to a business rather than to an individual;

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

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

448 paying business expenses or other expenses related to services

449 rendered or work performed for compensation;

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

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

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

453 completing an employment application or process; or

454 (VI) The independent contractor receives compensation for

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

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

457 contractual agreement, unless such contractual agreement

458 expressly states that an employment relationship exists.

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

460 not exist, an individual may still be presumed to be an

461 independent contractor and not an employee based on full

462 consideration of the nature of the individual situation with

463 regard to satisfying any of the following conditions:

464 (I) The independent contractor performs or agrees to

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

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

467 (II) The independent contractor incurs the principal

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

469 or agrees to perform.

470 (III) The independent contractor is responsible for the

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

472 performs or agrees to perform.

473 (IV) The independent contractor receives compensation for

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

475 basis and not on any other basis.

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

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

478 (VI) The independent contractor has continuing or recurring

479 business liabilities or obligations.

480 (VII) The success or failure of the independent

481 contractor’s business depends on the relationship of business

482 receipts to expenditures.

483 c. Notwithstanding anything to the contrary in this

484 subparagraph, an individual claiming to be an independent

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

486 independent contractor for purposes of this chapter.

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

488 writing, to perform for remuneration solely by way of

489 commission.

490 3. Bands, orchestras, and musical and theatrical

491 performers, including disk jockeys, performing in licensed

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

493 evidencing an independent contractor relationship is entered

494 into before the commencement of such entertainment.

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

496 property under a written contract with a motor carrier which

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

498 responsibility of an employer for the performance of the

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

500 vehicle equipment as identified in the written contract and the

501 principal costs incidental to the performance of the contract,

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

503 motor carrier’s advance of costs to the owner-operator when a

504 written contract evidences the owner-operator’s obligation to

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

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

507 hour or on some other time-measured basis.

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

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

510 employer.

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

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

513 who does not receive monetary remuneration for services is

514 presumed to be a volunteer unless there is substantial evidence

515 that a valuable consideration was intended by both employer and

516 employee. For purposes of this chapter, the term “volunteer”

517 includes, but is not limited to:

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

519 receive no compensation other than expenses in an amount less

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

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

522 agency does not have salaried employees who receive mileage and

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

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

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

526 community as determined by the department; and

527 b. Volunteers participating in federal programs established

528 under Pub. L. No. 93-113.

529 7. Unless otherwise prohibited by this chapter, any officer

530 of a corporation who elects to be exempt from this chapter. Such

531 officer is not an employee for any reason under this chapter

532 until the notice of revocation of election filed pursuant to s.

533 440.05 is effective.

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

535 construction industry who elects to be exempt from the

536 provisions of this chapter, as otherwise permitted by this

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

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

539 is effective.

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

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

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

543 the commencement of such activity which evidences that an

544 employee/employer relationship does not exist.

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

546 hire driver who operates said vehicles pursuant to a written

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

548 insurance, communications, or other services under which the

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

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

551 proportion of, fare revenues.

552 11. A person who performs services as a sports official for

553 an entity sponsoring an interscholastic sports event or for a

554 public entity or private, nonprofit organization that sponsors

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

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

557 subparagraph, the term “sports official” means any person who is

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

559 limited to, umpires, referees, judges, linespersons,

560 scorekeepers, or timekeepers. This subparagraph does not apply

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

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

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

564 responsibilities during normal school hours.

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

566 excluded from the definition of employment under s.

567 443.1216(4)(d) and served by Adult Day Training Services under

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

569 Medicaid Waiver program in a sheltered workshop setting licensed

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

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

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

573 excluded from the definition of employment under s.

574 443.1216(4)(d) and served by Adult Day Training Services under

575 the Family and Supported Living Medicaid Waiver program in a

576 sheltered workshop setting licensed by the United States

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

578 than the federal hourly minimum wage.

579 14. An unauthorized alien as defined in s. 908.111.

580 Section 9. Subsection (2) of section 440.10, Florida

581 Statutes, is amended to read:

582 440.10 Liability for compensation.—

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

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

585 440.1001 ~~s. 440.09(3)~~ .

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

587 to read:

588 440.1001 Employer liability for injuries to unauthorized

589 aliens.—

590 (1) As used in this section, the term “unauthorized alien”

591 has the same meaning as in s. 908.111.

592 (2) An employer who knowingly hires or employs an

593 individual who is not authorized to work in the United States

594 under federal law is personally and fully liable for all medical

595 and treatment costs and related expenses resulting from an

596 injury sustained by the unauthorized alien during his or her

597 employment.

598 (3) An employer may not transfer or otherwise shift

599 financial responsibility for medical and treatment costs and

600 related expenses resulting from an injury to any third party,

601 including an insurance company, a state agency, or any other

602 entity.

603 (4) An employer who violates this section is subject to the

604 following penalties:

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

606 collected under this paragraph must be deposited into the

607 Workers’ Compensation Administration Trust Fund.

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

609 medical care to the unauthorized alien.

610 (c) Revocation of the employer’s business license,

611 registration, or certification issued by the appropriate

612 licensing authority.

613 (5) The department shall transfer reported violations of

614 this section to the appropriate licensing authority for

615 enforcement.

616 Section 11. Section 440.1002, Florida Statutes, is created

617 to read:

618 440.1002 Employment eligibility for purposes of workers’

619 compensation eligibility.—

620 (1) As used in this section, the term “E-Verify system” has

621 the same meaning as in s. 448.095(1).

622 (2) Before an employer may submit a claim for workers’

623 compensation benefits for an employee, the employer must first

624 verify the employee’s employment eligibility through the E

625 Verify system.

626 (3) If an employer fails to check an employee’s employment

627 eligibility through the E-Verify system before submitting a

628 claim for workers’ compensation benefits, the employer is:

629 (a) Ineligible to receive indemnity or medical coverage

630 from the employer’s workers’ compensation insurance provider for

631 injuries sustained by that employee.

632 (b) Personally liable for all costs, expenses, and benefits

633 that would have otherwise been covered under this chapter.

634 (4) An employer shall retain a copy of the documentation

635 provided and any verification generated, if applicable, by the

636 E-Verify system for each employee. The employer must provide

637 such documentation or verification to the department or insurer

638 upon request.

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

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

641 through the E-Verify system.

642 (6) The department may adopt rules to implement and enforce

643 this section.

644 Section 12. Present subsection (5) of section 448.09,

645 Florida Statutes, is redesignated as subsection (9), new

646 subsections (4) through (8) are added to that section, and

647 subsections (3) and (4) of that section are amended, to read:

648 448.09 Unauthorized aliens; employment prohibited.—

649 (3) For an employer who knowingly violates ~~a violation of~~

650 this section, the department shall suspend for 1 year all

651 licenses held by the employer which were issued by a licensing

652 agency under chapter 120 and impose a fine not to exceed $10,000

653 per violation. Fines collected under this subsection must be

654 deposited into the State Economic Enhancement and Development

655 Trust Fund.

656 (4) For an employer who knowingly violates this section a

657 second time, the department shall suspend for 5 years all

658 licenses held by the employer which were issued by a licensing

659 agency under chapter 120 and impose a fine not to exceed

660 $100,000 per violation. Fines collected under this subsection

661 must be deposited into the State Economic Enhancement and

662 Development Trust Fund.

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

664 third time, the department shall permanently revoke all licenses

665 held by the employer personally, as well as any licenses held by

666 the entity if the employer is a corporation, which were issued

667 by a licensing agency under chapter 120 and impose a fine not to

668 exceed $250,000 per violation. Fines collected under this

669 subsection must be deposited into the State Economic Enhancement

670 and Development Trust Fund.

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

672 and the actions of an unauthorized alien employee result in

673 injuries to another person, the department shall suspend for 5

674 years all licenses held by the employer which were issued by a

675 licensing agency under chapter 120 and impose a fine not to

676 exceed $100,000 per violation.

677 (b) For an employer who knowingly violates this section and

678 the actions of an unauthorized alien employee result in the

679 death of another person, the department shall permanently revoke

680 all licenses held by the employer which were issued by a

681 licensing agency under chapter 120 and impose a fine not to

682 exceed $500,000 per violation.

683 (c) Fines collected under this subsection must be deposited

684 into the State Economic Enhancement and Development Trust Fund.

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

686 employer who violates this section if such violation results in

687 injuries to or the death of another person.

688 (7) An employer who knowingly hires more than 50

689 unauthorized aliens commits a felony of the third degree,

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

691 and the department shall permanently revoke all licenses held by

692 the employer personally, as well as any licenses held by the

693 entity if the employer is a corporation, which were issued by a

694 licensing agency under chapter 120.

695 (8) A person who is injured or the next of kin, as defined

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

697 unauthorized alien employee may bring a cause of action under

698 subsection (6) against the employer for damages for bodily

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

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

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

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

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

704 ~~24 months after a previous violation constitutes grounds for the~~

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

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

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

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

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

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

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

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

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

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

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

716 ~~agencies that issued them~~ .

717 Section 13. Paragraph (a) of subsection (3) of section

718 448.095, Florida Statutes, is amended to read:

719 448.095 Employment eligibility.—

720 (3) ENFORCEMENT.—

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

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

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

724 employer for the verification of a new employee’s employment

725 eligibility:

726 1. The Department of Law Enforcement;

727 2. The Attorney General;

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

729 employee works;

730 4. The statewide prosecutor;

731 5. The Department of Financial Services; or

732 6. 5. The Department of Commerce.

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

734 Florida Statutes, to read:

735 560.208 Conduct of business.—In addition to the

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

737 part:

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

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

740 alien as defined in s. 908.111.

741 (a) As used in this subsection, the term “foreign

742 remittance transfer” means a remittance transfer as defined in

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

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

745 than the United States.

746 (b) The commission shall adopt rules relating to acceptable

747 forms of documentation that a licensee must use to verify that

748 the sender of a foreign remittance transfer is not an

749 unauthorized alien. The licensee must provide confirmation of

750 verification on forms the commission prescribes. All required

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

752 after the close of each calendar quarter.

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

754 in violation of this subsection shall pay a penalty equal to 25

755 percent of the United States dollar amount transferred,

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

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

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

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

760 Notwithstanding ss. 252.3711 and 560.144, the office shall

761 deposit in the Regulatory Trust Fund the penalties collected

762 under this paragraph. Notwithstanding any other provision, the

763 penalty imposed in this paragraph is the only remedy for a

764 violation of this subsection and a licensee may not be subject

765 to any other penalty.

766 Section 15. Present paragraphs (i) and (j) of subsection

767 (1) of section 560.211, Florida Statutes, are redesignated as

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

769 added to that subsection, to read:

770 560.211 Required records.—

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

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

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

774 for 5 years:

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

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

777 not an unauthorized alien, as defined in s. 908.111, and the

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

779 including the date and amount of each foreign remittance

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

781 sender.

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

783 to read:

784 560.2115 Required records audit.—

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

786 (a) “Foreign remittance transfer” has the same meaning as

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

788 (b) “Unauthorized alien” has the same meaning as in s.

789 908.111.

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

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

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

793 is not an unauthorized alien.

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

795 is failing to comply with s. 560.208(7) may file a complaint

796 with the office.

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

798 560.208(7), which is substantiated by evidence, the office must

799 notify the licensee of the complaint and the substantiating

800 evidence and the licensee must pay the penalty required under s.

801 560.208(7)(c).

802 (4) Beginning July 1, 2026, the office shall conduct random

803 quarterly audits of licensees to ensure compliance with s.

804 560.208(7). During an audit, the licensee must produce to the

805 office records of documentation the licensee used to verify that

806 each sender of a foreign remittance transfer is not an

807 unauthorized alien.

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

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

810 which were issued by the office.

811 Section 17. Subsection (2) of section 560.310, Florida

812 Statutes, is amended to read:

813 560.310 Records of check cashers and foreign currency

814 exchangers.—

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

816 the following additional information must be maintained or

817 submitted:

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

819 who cash corporate payment instruments that are ~~exceed~~ $1,000 or

820 more .

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

822 photograph of the customer used as identification and presented

823 by the customer. Acceptable personal identification is limited

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

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

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

827 United States Government Resident Alien Identification Card; a

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

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

830 1. A license or identification card issued exclusively to

831 an unauthorized alien or undocumented immigrant.

832 2. A license or identification card that is substantially

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

834 States citizen or resident or others lawfully present in the

835 United States but which has markings establishing that the

836 licenseholder did not present proof of his or her lawful

837 presence in the United States.

838 (c) A thumbprint of the customer taken by the licensee when

839 the payment instrument is presented for negotiation or payment.

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

841 submit the following information to the check cashing database

842 or electronic log, before entering into each check cashing

843 transaction for each payment instrument being cashed, in such

844 format as required by rule:

845 1. Transaction date.

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

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

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

849 5. Amount of the payment instrument.

850 6. Amount of currency provided.

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

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

853 instrument.

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

855 instrument.

856 9. Branch or location where the payment instrument was

857 accepted.

858 10. The type of identification and identification number

859 presented by the payee or conductor.

860 11. Payee’s workers’ compensation insurance policy number

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

862 12. Such additional information as required by rule.

864 For purposes of this subsection, multiple payment instruments

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

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

867 database or on the log.

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

869 to read:

870 627.7408 Presumption of fault in motor vehicle accidents

871 involving unauthorized out-of-state drivers.—

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

873 (a) “Invalid out-of-state driver license” means a driver

874 license deemed invalid under s. 322.033.

875 (b) “Unauthorized out-of-state driver” means a person

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

877 license.

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

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

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

881 fault for the accident for purposes of filing an insurance

882 claim. This presumption applies regardless of the unauthorized

883 out-of-state driver’s compliance with other traffic laws at the

884 time of the motor vehicle accident.

885 (3) The presumption under subsection (2) does not apply in

886 the following circumstances:

887 (a) The other driver involved in the motor vehicle accident

888 is in violation of s. 316.193(1) because he or she is found to

889 have been operating the motor vehicle while under the influence

890 of alcoholic beverages, any chemical substance under s. 877.111,

891 or any controlled substance under chapter 893.

892 (b) The other driver involved in the motor vehicle accident

893 is determined, by clear and convincing evidence, to be at

894 egregious fault because of, but not limited to, reckless driving

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

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

897 s. 316.191.

898 (4) The presumption established under subsection (2) may be

899 rebutted by clear and convincing evidence that the unauthorized

900 out-of-state driver was not at fault based on factors such as

901 witness statements, accident reconstruction, or video evidence

902 directly related to the circumstances of the motor vehicle

903 accident.

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

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

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

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

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

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

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

911 enforcement officer must note the presumption of fault on the

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

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

914 Department of Highway Safety and Motor Vehicles within 48 hours

915 after the accident.

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

917 presumption under subsection (2) in processing claims and may

918 not pay benefits to or settle claims with an unauthorized out

919 of-state driver. Insurers must report any suspected

920 noncompliance or rebuttal attempts by the unauthorized out-of

921 state driver to the Office of Insurance Regulation within 30

922 days after the filing of an insurance claim. An insurer that

923 fails to comply with this subsection is subject to

924 administrative penalties under s. 624.4211.

925 (7) If an unauthorized out-of-state-driver’s insurer is a

926 foreign insurer as defined in s. 624.06(2) and not licensed in

927 this state under chapter 624, any party aggrieved by the

928 nonenforcement of this section may bring a civil action for

929 injunctive relief and the prevailing party is entitled to

930 reasonable attorney fees and costs.

931 (8) The Department of Highway Safety and Motor Vehicles and

932 the Office of Insurance Regulation shall adopt rules to

933 implement this section, including standardized verification

934 forms and procedures for interagency coordination.

935 (9)(a) This section applies to all insurance policies

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

937 to all motor vehicle accidents occurring on or after the

938 effective date of this act.

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

940 limit a law enforcement officer’s authority delegated under a

941 287(g) agreement with United States Immigration and Customs

942 Enforcement.

943 Section 19. Section 655.98, Florida Statutes, is created to

944 read:

945 655.98 Prohibited forms of identification for state

946 chartered financial institutions.—

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

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

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

950 or to receive any other services from a state-chartered

951 financial institution:

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

953 an unauthorized alien or undocumented immigrant.

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

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

956 States citizen or resident or others lawfully present in the

957 United States but which has markings establishing that the

958 licenseholder did not present proof of his or her lawful

959 presence in the United States.

960 (2) The Office of Financial Regulation shall adopt rules to

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

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

963 replace the phrase “the effective date of this act” wherever it

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

965 Section 21. This act shall take effect upon becoming a law.