THE BILL ITSELF
SB 1542
Immigration
Florida Senate - 2026 SB 1542 By Senator Pizzo 37-01547A-26 20261542__
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A bill to be entitled
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An act relating to immigration; amending s. 20.60,
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F.S.; revising the duties and responsibilities of the
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Office of Economic Accountability and Transparency
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within the Department of Commerce; amending s. 448.09,
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F.S.; revising penalties, including suspension and
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revocation of certain licenses and the imposition of
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fines, for violating provisions related to employing
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unauthorized aliens; requiring that such fines be
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deposited into a specified trust fund; conforming
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provisions to changes made by the act; providing
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increased penalties, including suspension and
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permanent revocation of certain licenses and the
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imposition of fines, for violating provisions related
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to employing unauthorized aliens if such an employee’s
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actions result in specified injuries or death;
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requiring that such fines be deposited into a
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specified trust fund; amending s. 448.095, F.S.;
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revising the definition of the term “employee”;
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providing that an individual who receives a Form 1099
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from his or her employer is an employee; requiring
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that all private employers, rather than only those
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employing a specified number or more of employees, use
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the E-Verify system to verify a new employee’s
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employment eligibility; prohibiting the awarding of
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future public contracts by any public agency in this
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state to specified contractors; requiring that certain
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fines be deposited into a specified trust fund;
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conforming provisions to changes made by the act;
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amending s. 908.104, F.S.; authorizing law enforcement
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agencies to use the E-Verify system to investigate a
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detained person’s immigration status; reenacting s.
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163.3162(2)(g), F.S., relating to agricultural lands
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and practices, to incorporate the amendment made to s.
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448.095, F.S., in a reference thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (3) of section
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20.60, Florida Statutes, is amended to read:
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20.60 Department of Commerce; creation; powers and duties.—
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(3)(a) The following divisions and offices of the
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Department of Commerce are established:
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1. The Division of Economic Development.
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2. The Division of Community Development.
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3. The Division of Workforce Services.
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4. The Division of Finance and Administration.
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5. The Division of Information Technology.
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6. The Office of the Secretary.
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7. The Office of Economic Accountability and Transparency,
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which shall:
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a. Oversee the department’s critical objectives as
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determined by the secretary and make sure that the department’s
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key objectives are clearly communicated to the public.
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b. Organize department resources, expertise, data, and
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research to focus on and solve the complex economic challenges
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facing the state.
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c. Provide leadership for the department’s priority issues
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that require integration of policy, management, and critical
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objectives from multiple programs and organizations internal and
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external to the department; and organize and manage external
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communication on such priority issues.
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d. Promote and facilitate key department initiatives to
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address priority economic issues and explore data and identify
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opportunities for innovative approaches to address such economic
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issues.
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e. Promote strategic planning for the department.
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f. Administer and enforce the E-Verify system and
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employment authorization compliance as set forth in ss. 448.09
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and 448.095.
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Section 2. Present subsection (5) of section 448.09,
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Florida Statutes, is redesignated as subsection (8), new
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subsections (5), (6), and (7) are added to that section, and
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subsections (3) and (4) of that section are amended, to read:
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448.09 Unauthorized aliens; employment prohibited.—
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(3) For an employer that violates this section, the
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department shall suspend or revoke all licenses issued by a
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licensing agency pursuant to chapter 120 for 1 year and impose a
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fine not to exceed $10,000. Fines must be deposited in the
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Highway Safety Operating Trust Fund For a violation of this
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section, the department shall place the employer on probation
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for a 1-year period and require that the employer report
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quarterly to the department to demonstrate compliance with the
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requirements of subsection (1) and s. 448.095 .
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(4) For an employer that violates this section a second
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time, the department shall suspend or revoke all licenses issued
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by a licensing agency pursuant to chapter 120 for 5 years and
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impose a fine not to exceed $50,000. Fines must be deposited in
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the Highway Safety Operating Trust Fund Any violation of this
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section which takes place within 24 months after a previous
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violation constitutes grounds for the suspension or revocation
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of all licenses issued by a licensing agency subject to chapter
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120. The department shall take the following actions for a
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violation involving:
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(a) One to ten unauthorized aliens, suspension of all
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applicable licenses held by a private employer for up to 30 days
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by the respective agencies that issued them.
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(b) Eleven to fifty unauthorized aliens, suspension of all
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applicable licenses held by a private employer for up to 60 days
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by the respective agencies that issued them.
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(c) More than fifty unauthorized aliens, revocation of all
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applicable licenses held by a private employer by the respective
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agencies that issued them .
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(5) For an employer that violates this section a third
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time, the department shall permanently revoke all licenses
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issued by a licensing agency pursuant to chapter 120 and impose
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a fine not to exceed $250,000. Fines must be deposited in the
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Highway Safety Operating Trust Fund.
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(6) If, for an employer that violates this section, an
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unauthorized alien employee’s actions result in injuries to
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another person, the department shall suspend or revoke all
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licenses issued by a licensing agency pursuant to chapter 120
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for 5 years and impose a fine not to exceed $100,000. Fines must
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be deposited in the Highway Safety Operating Trust Fund.
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(7) If, for an employer that violates this section, an
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unauthorized alien employee’s actions result in the death of
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another person, the department must permanently revoke all
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licenses issued by a licensing agency pursuant to chapter 120
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and impose a fine not to exceed $500,000. Fines must be
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deposited in the Highway Safety Operating Trust Fund.
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Section 3. Paragraph (b) of subsection (1), paragraph (b)
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of subsection (2), paragraph (c) of subsection (5), and
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subsection (6) of section 448.095, Florida Statutes, are amended
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to read:
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448.095 Employment eligibility.—
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(1) DEFINITIONS.—As used in this section, the term:
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(b) “Employee” means an individual filling a permanent
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position who performs labor or services under the control or
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direction of an employer that has the power or right to control
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and direct the employee in the material details of how the work
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is to be performed in exchange for salary, wages, or other
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remuneration. The term also includes labor that is occasional,
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incidental, or irregular and that exceeds 40 person-hours in
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total duration. As used in this subsection, the term “duration”
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means the period of time from the commencement to the completion
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of the particular job or project. An individual hired for casual
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labor, as defined in s. 443.036, which is to be performed
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entirely within a private residence, is not an employee of an
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occupant or owner of the a private residence. An independent
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contractor, as defined in federal laws or regulations, hired to
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perform a specified portion of labor or services is not an
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employee. For the purposes of this section, an individual who
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receives a Form 1099 from his or her employer is an employee.
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(2) EMPLOYMENT VERIFICATION.—
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(b)1. A public agency shall use the E-Verify system to
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verify a new employee’s employment eligibility as required under
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paragraph (a).
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2. Beginning on July 1, 2026 2023 , all a private employers
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employer with 25 or more employees shall use the E-Verify system
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to verify a new employee’s employment eligibility as required
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under paragraph (a).
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3. Each employer shall required to use the E-Verify system
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under this paragraph must certify on its first return each
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calendar year to the tax service provider that it is in
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compliance with this section when making contributions to or
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reimbursing the state’s unemployment compensation or
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reemployment assistance system. An employer that voluntarily
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uses the E-Verify system may also make such a certification on
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its first return each calendar year in order to document such
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use.
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(5) PUBLIC AGENCY CONTRACTING.—
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(c)1. A public agency, contractor, or subcontractor who has
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a good faith belief that a person or an entity with which it is
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contracting has knowingly violated s. 448.09(1) shall terminate
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the contract with the person or entity.
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2. A public agency that has a good faith belief that a
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subcontractor knowingly violated this subsection, but the
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contractor otherwise complied with this subsection, shall
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promptly notify the contractor and order the contractor to
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immediately terminate the contract with the subcontractor.
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3. A contract terminated under this paragraph is not a
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breach of contract and may not be considered as such. If a
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public agency terminates a contract with a contractor under this
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paragraph, the contractor may not be awarded any public contract
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in the future with any public agency in this state a public
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contract for at least 1 year after the date on which the
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contract was terminated . A contractor is liable for any
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additional costs incurred by a public agency as a result of the
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termination of a contract.
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(6) COMPLIANCE.—
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(a) In addition to the requirements under s. 288.061(6),
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beginning on July 1, 2024 , for public agencies or beginning on
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July 1, 2026, for private employers , if the Department of
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Commerce determines that an employer failed to use the E-Verify
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system to verify the employment eligibility of employees as
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required under this section, the department must notify the
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employer of the department’s determination of noncompliance and
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provide the employer with 30 days to cure the noncompliance.
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(b) If the Department of Commerce determines that an
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employer failed to use the E-Verify system as required under
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this section three times in any 24-month period, the department
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must impose a fine of $1,000 per day until the employer provides
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sufficient proof to the department that the noncompliance is
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cured. Continued noncompliance constitutes grounds for the
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suspension of all licenses issued by a licensing agency subject
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to chapter 120 until the noncompliance is cured.
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(c) Fines collected under this subsection must be deposited
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into the Highway Safety Operating Trust Fund State Economic
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Enhancement and Development Trust Fund for use by the department
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for employer outreach and public notice of the state’s
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employment verification laws .
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Section 4. Present paragraphs (a) through (f) of subsection
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(2) of section 908.104, Florida Statutes, are redesignated as
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paragraphs (b) through (g), respectively, and a new paragraph
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(a) is added to that subsection, to read:
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908.104 Cooperation with federal immigration authorities.—
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(2) Except as otherwise expressly prohibited by federal
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law, a state entity, local governmental entity, or law
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enforcement agency, or an employee, an agent, or a
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representative of the entity or agency, may not prohibit or in
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any way restrict a law enforcement agency from taking any of the
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following actions with respect to information regarding a
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person’s immigration status:
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(a) Using the E-Verify system to investigate a detained
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person’s immigration status.
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Section 5. For the purpose of incorporating the amendment
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made by this act to section 448.095, Florida Statutes, in a
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reference thereto, paragraph (g) of subsection (2) of section
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163.3162, Florida Statutes, is reenacted to read:
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163.3162 Agricultural lands and practices.—
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(2) DEFINITIONS.—As used in this section, the term:
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(g) “Legally verified agricultural worker” means a person
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who:
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1. Is lawfully present in the United States;
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2. Meets the definition of eligible worker pursuant to 29
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C.F.R. s. 502.10;
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3. Has been verified through the process provided in s.
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448.095(2) and is authorized to work at the time of employment;
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4. Is seasonally or annually employed in bona fide
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agricultural production;
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5. Remains lawfully present and authorized to work
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throughout the duration of that employment; and
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6. Is not an unauthorized alien as defined in s.
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448.095(1).
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Section 6. This act shall take effect July 1, 2026.