THE BILL ITSELF
SB 998
Department of Commerce
Florida Senate - 2026 SB 998 By Senator Yarborough 4-00724C-26 2026998__
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A bill to be entitled
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An act relating to the Department of Commerce;
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repealing ss. 290.0401, 290.0411, 290.042, 290.043,
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290.0455, 290.046, 290.047, 290.0475, and 290.048,
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F.S., relating to the Florida Small Cities Community
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Development Block Grant Program Act; amending s.
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253.025, F.S.; providing an exemption for certain
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conveyances of state lands to certain federal agencies
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which revert to the Board of Trustees of the Internal
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Improvement Trust Fund if such land is not used for
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its intended purposes as a military installation
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buffer or if the military installation closes;
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amending s. 288.0656, F.S.; revising the definition of
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the term “rural community”; amending s. 290.044, F.S.;
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defining terms; designating the department as the
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state agency to receive and administer federal funding
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from the United States Department of Housing and Urban
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Development (HUD) to administer the Florida Small
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Cities Community Development Block Grant Program;
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authorizing the department to award grants and
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disburse funds received from HUD; requiring the
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department to administer additional federal funding
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through HUD for certain expenses in accordance with
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the law authorizing such funding; authorizing the
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department to adopt rules; amending s. 448.095, F.S.;
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defining the terms “employer” and “noncompliance”;
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requiring employers who are required to use the E
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Verify system to verify a new employee’s employment
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eligibility to maintain an E-Verify case result for
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each employee which shows that the employee is
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authorized to work; requiring that the E-Verify case
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result visibly show the employee’s work authorization
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status; providing that each failure of an employer to
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provide documentation within a specified timeframe
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constitutes noncompliance; requiring the department to
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issue a notification of noncompliance to an employer
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before issuing fines or suspending licenses; providing
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that an employer’s failure to provide copies of any
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documentation relied upon by the employer constitutes
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a reasonable basis that the employer failed to use the
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E-Verify system; requiring the department to notify
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the employer to comply within a specified timeframe;
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authorizing the department to grant extensions up to a
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specified timeframe upon a showing of good cause;
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requiring the department to issue a final
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determination of noncompliance if the employer does
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not timely cure its noncompliance; authorizing an
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employer found to be noncompliant to request a
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hearing; providing requirements for such hearings;
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requiring an employer to repay any economic
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development incentive if the administrative law judge
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rules in favor of the department or if the employer
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loses its appeal; defining the terms “employer” and
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“unauthorized alien”; revising the fines and penalties
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that may be imposed on an employer found to be in
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noncompliance; providing how an employer may cure
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noncompliance; authorizing the department to adopt
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rules and procedures; authorizing the department to
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recover reasonable costs of investigation and
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prosecution; requiring the department to determine
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such costs; authorizing the department to contract
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with a collections agent if such costs are not paid
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within a specified timeframe; requiring that any
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amounts recovered be deposited into the State Economic
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Enhancement and Development Trust Fund; prohibiting
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the department from investigating complaints based
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solely on race, color, or national origin; revising an
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expiration; amending s. 448.09, F.S.; defining the
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term “knowingly employs”; requiring the department to
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provide an employer knowingly employing an
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unauthorized alien with a written determination;
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providing requirements for hearings; requiring
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employers placed on probation to submit on a specified
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date an affidavit to the department; requiring that an
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affidavit be submitted to the department every
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quarter; providing when the first and subsequent
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quarters commence; authorizing the department to
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enforce compliance by filing a petition with the
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circuit court of Leon County; providing that venue for
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actions for such enforcement is in Leon County;
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requiring the department to provide a hearing for
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employers who have had their licenses suspended or
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revoked; providing requirements for such hearings;
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authorizing the department to adopt rules; reenacting
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ss. 215.971(1)(h), 288.062(2)(j), 288.0655(2)(b),
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332.007(10), and 627.6699(14)(d), F.S., relating to
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agreements funded with federal or state assistance,
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the Rural Community Investment Program, the Rural
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Infrastructure Fund, administration and financing of
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aviation and airport programs and projects, and the
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Employee Health Care Access Act, respectively, to
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incorporate the amendment made to s. 288.0656, F.S.,
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in references thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 290.0401, Florida Statutes, is repealed.
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Section 2. Section 290.0411, Florida Statutes, is repealed.
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Section 3. Section 290.042, Florida Statutes, is repealed.
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Section 4. Section 290.043, Florida Statutes, is repealed.
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Section 5. Section 290.0455, Florida Statutes, is repealed.
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Section 6. Section 290.046, Florida Statutes, is repealed.
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Section 7. Section 290.047, Florida Statutes, is repealed.
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Section 8. Section 290.0475, Florida Statutes, is repealed.
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Section 9. Section 290.048, Florida Statutes, is repealed.
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Section 10. Paragraph (d) of subsection (21) of section
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253.025, Florida Statutes, is amended to read:
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253.025 Acquisition of state lands.—
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(21)
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(d) 1. A conveyance at less than appraised value must state
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that the land will revert to the board of trustees if the land
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is not used for its intended purposes as a military installation
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buffer or if the military installation closes.
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2. Agencies of the Federal Government, including, but not
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limited to, the United States Department of Defense and its
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subordinate Departments of the Army, Navy, and Air Force, and
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the Department of Homeland Security’s United States Coast Guard,
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are exempt from this paragraph, so long as the general and
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overarching purpose of remaining as a military installation
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buffer is still in place even though the specific military
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purpose, mission, or function of the conveyed land is modified
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or changes from that present or proposed purpose at the time of
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the conveyance.
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Section 11. Paragraph (e) of subsection (2) of section
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288.0656, Florida Statutes, is amended to read:
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288.0656 Rural Economic Development Initiative.—
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(2) As used in this section, the term:
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(e) “Rural community” means:
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1. A county with a population of 75,000 or fewer.
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2. A county with a population of 125,000 or fewer which is
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contiguous to a county with a population of 75,000 or fewer.
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3. A municipality within a county described in subparagraph
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1. or subparagraph 2.
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4. An unincorporated area recommended by the department and
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designated by the Governor which has a population of 25,000 or
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fewer and which meets federal enterprise community or an
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incorporated rural city with a population of 25,000 or fewer and
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an employment base focused on traditional agricultural or
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resource-based industries, located in a county not defined as
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rural, which has at least three or more of the economic distress
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factors identified in paragraph (c) and verified by the
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department.
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For purposes of this paragraph, population shall be determined
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in accordance with the most recent official estimate pursuant to
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s. 186.901.
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Section 12. Section 290.044, Florida Statutes, is amended
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to read:
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(Substantial rewording of section. See
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s. 290.044, F.S., for present text.)
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290.044 Florida Small Cities Community Development Block
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Grant Program Fund; administration; distribution.—
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(1) As used in this section, the term:
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(a) “Act” means the Housing and Community Development Act
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of 1974, as amended, and includes the implementing regulations
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set forth at 24 C.F.R. part 570, as amended.
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(b) “Department” means the Department of Commerce.
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(c) “HUD” means the United States Department of Housing and
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Urban Development.
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(d) “Program” means the Florida Small Cities Community
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Development Block Grant Program.
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(2) The department is designated as the state agency to
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receive federal funding from HUD and to administer the program
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as set forth in the act. The department may award grants under
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the program in any manner and in any amount, consistent with the
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purposes and requirements of the act. The department may
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disburse funds received from HUD consistent with the act.
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(3) If, in any year, the department receives additional
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federal funding through HUD for necessary expenses related to
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disaster recovery, long-term recovery, or restoration of
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infrastructure in impacted and distressed areas arising from the
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consequences of a federally declared disaster, the department
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must administer that funding in accordance with the law
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authorizing such funding, including any implementing guidance or
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regulations adopted by HUD.
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(4) If, in any year, the department receives additional
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federal funding through HUD for any other purpose not
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specifically stated in this section, then the department must
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administer that funding in accordance with the law authorizing
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such funding, including any implementing guidance or regulations
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adopted by HUD.
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(5) The department may adopt rules to administer this
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section.
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Section 13. Present paragraphs (c), (d), (e), and (f) of
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subsection (1) of section 448.095, Florida Statutes, are
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redesignated as paragraphs (d), (f), (g), and (h), respectively,
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new paragraphs (c) and (e) are added to that subsection, and
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paragraph (b) of subsection (2), subsection (6), paragraphs (a)
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and (c) of subsection (7) of that section are amended, and a new
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paragraph (c) is added to subsection (3) of that section, and
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subsection (4) of that section is reenacted, 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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(c) “Employer” means any person, firm, company,
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corporation, association, joint stock company, partnership,
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organization, or other legal entity, or any agent thereof, that
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engages one or more individuals to perform labor or services in
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this state in exchange for salary, wages, or other remuneration.
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The term does not include an occupant or owner of a private
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residence with respect to an individual hired for casual labor
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as defined in s. 443.036, which is performed entirely within
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that private residence. The term does not include a person or
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entity solely with respect to its engagement of an independent
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contractor as defined in federal laws or regulations.
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(e) “Noncompliance” means the failure of an employer to
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verify a new employee’s employment eligibility through the E
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Verify system, or an employer’s failure to timely provide copies
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of any documentation requested by an entity or a person listed
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in paragraph (3)(a).
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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. An Beginning on July 1, 2023, A private employer with 25
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or more employees shall use the E-Verify system to verify a new
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employee’s employment eligibility as required under paragraph
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(a). Such employer shall maintain an E-Verify case result for
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each employee which shows that the employee is authorized to
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work. The E-Verify case result must visibly show the employee’s
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work authorization status.
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3. Each employer required to use the E-Verify system under
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this paragraph must certify on its first return each calendar
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year to the tax service provider that it is in compliance with
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this section when making contributions to or reimbursing the
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state’s unemployment compensation or reemployment assistance
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system. An employer that voluntarily uses the E-Verify system
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may also make such a certification on its first return each
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calendar year in order to document such use.
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(3) ENFORCEMENT.—
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(c) Failure by an employer to provide the requested
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documentation within 30 days after a written request made under
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paragraph (a) constitutes noncompliance. Each failure to timely
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provide the documentation will count as a noncompliance event
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for the application of fines under paragraph (6)(b).
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(4) DEFENSES.—
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(a) An employer that uses the E-Verify system or, if that
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system is unavailable, the Employment Eligibility Verification
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form (Form I-9) as provided in paragraph (2)(c), with respect to
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the employment of an unauthorized alien has established a
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rebuttable presumption that the employer has not violated s.
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448.09 with respect to such employment.
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(b) An employer that uses the same documentation that is
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required by the United States Citizenship and Immigration
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Services on its Employment Eligibility Verification form (Form
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I-9) with respect to the employment of an unauthorized alien,
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has established an affirmative defense that the employer has not
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violated s. 448.09 with respect to such employment.
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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, if the Department of Commerce has a
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reasonable basis to believe determines that an employer failed
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to use the E-Verify system to verify the employment eligibility
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of employees as required under this section, the department
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must , before the imposition of a fine or suspension of licenses,
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issue an initial notification of noncompliance to the employer.
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An employer’s failure to provide copies of any documentation
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relied upon by the employer for the verification of a new
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employee’s employment eligibility to a person or entity listed
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in paragraph (3)(a) constitutes a reasonable basis that the
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employer failed to use the E-Verify system. The Department of
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Commerce shall notify the employer that it has 30 days after the
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date of the department’s initial notification to cure the
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noncompliance. Extensions to the 30-day timeframe may be granted
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by the department only upon a showing of good cause by the
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employer for a period not to exceed 30 days. If the employer
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does not timely cure its noncompliance, the department must
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issue a final determination of noncompliance to the employer
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pursuant to chapter 120. If the employer requests a hearing, the
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hearing must be held pursuant to ss. 120.569 and 120.57(1),
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except that the order of the administrative law judge is a final
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order and is appealable pursuant to s. 120.68 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 and the employer failed to cure the noncompliance
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according to paragraph (a) three times in any 24-month period ,
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the department must impose a fine of $1,000 for each employee
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not verified pursuant to this section per day until the employer
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provides sufficient proof to the department that the
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noncompliance is cured . Any subsequent noncompliance by the
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employer after the final determination of noncompliance
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constitutes grounds for the suspension of all licenses issued by
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a licensing agency subject to chapter 120 until the
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noncompliance is cured.
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(c) To cure noncompliance, the employer must do all of the
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following:
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1. Register with the E-Verify system, if not already
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enrolled.
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2. Properly verify the employment eligibility of employees
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by using the E-Verify system or Form I-9, as applicable under
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this section.
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3. Provide an E-Verify case result and closure description
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for each employee which shows that the employee is authorized to
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work.
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4. Provide an affidavit to the department, under penalty of
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perjury, that all instances of noncompliance have been corrected
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and that the employer is in full compliance with this section.
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(d) Fines collected under this subsection must be deposited
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into the State Economic Enhancement and Development Trust Fund
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for use by the department for employer outreach and public
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notice of the state’s employment verification laws.
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(e) The Department of Commerce may adopt rules necessary to
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implement this section. The department may establish procedures
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for reporting, enforcement, compliance, noncompliance, license
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suspension, and the application of fines, as well as any other
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administrative rules required for effective enforcement and
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administration.
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(f) In addition to any penalties imposed under this
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section, the Department of Commerce may recover the reasonable
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costs of investigation and prosecution if an employer is found
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to have violated this section. Such costs include, but are not
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limited to, salaries and benefits of personnel, costs related to
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the time spent by attorneys and other personnel on the
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investigation and prosecution, and any other expenses incurred
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by the department for such investigation and prosecution. The
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department shall determine the amount of costs to be assessed
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after its consideration of an affidavit of itemized costs and
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any written objections thereto. If the assessed costs are not
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paid within 60 days after the assessment, the department may
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contract for the collection of such costs, in which case any
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fees charged by the collection agent may be added to the amount
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recovered from the employer, or may bring a civil action to
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recover such costs, in which case the department is, if it is
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the prevailing party, also entitled to recover its reasonable
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attorney fees and costs incurred in such collection action. All
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recovered costs, including additional amounts recovered for
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collection efforts, must be deposited into the State Economic
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Enhancement and Development Trust Fund.
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(7) CONSTRUCTION.—
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(a) This section must be enforced without regard to race,
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color, or national origin and must be construed in a manner so
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as to be fully consistent with any applicable federal laws or
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regulations. The Department of Commerce may not investigate
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complaints that are based solely on race, color, or national
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origin.
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(c) This section expires shall expire 60 days after the E
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Verify system is no longer provided or maintained by the Federal
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Government, or when a pilot program, and the Federal Government
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requires the use of the E-Verify system by all employers in the
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United States.
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Section 14. Section 448.09, Florida Statutes, is amended to
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read:
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448.09 Unauthorized aliens; employment prohibited.—
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(1) It is unlawful for any person to knowingly employ,
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hire, recruit, or refer, either for herself or himself or on
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behalf of another, for private or public employment within this
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state, an alien who is not duly authorized to work by the
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immigration laws of the United States, the Attorney General of
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the United States, or the United States Secretary of the
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Department of Homeland Security. For purposes of this section,
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the term “knowingly employs” means an employer is aware of an
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unauthorized individual alien’s unauthorized status or fails to
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take reasonable steps to verify their employment eligibility
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after being made aware of potential violations.
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(2) If the Department of Commerce finds or is notified by
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an entity specified in s. 448.095(3)(a) that an employer has
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knowingly employed an unauthorized alien , the department must
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provide the employer with a written determination subject to
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chapter 120. If the employer requests a hearing, the hearing
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must be held pursuant to ss. 120.569 and 120.57(1), except that
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the order of the administrative law judge is a final order and
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is appealable pursuant to s. 120.68. If the administrative law
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judge rules in favor of the department, or the employer loses
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its appeal, the employer must repay without verifying the
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employment eligibility of such person, the department must enter
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an order pursuant to chapter 120 making such determination and
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require repayment of any economic development incentive pursuant
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to s. 288.061(6). For purposes of this section, the terms
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“employer” and “unauthorized alien” have the same meanings as in
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s. 448.095(1).
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(3) For a violation of this section, the department shall
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place the employer on probation for a 1-year period and require
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that the employer report quarterly to the department to
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demonstrate compliance with the requirements of subsection (1)
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and s. 448.095. On or before the last day of each quarter, the
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employer shall submit an affidavit to the department that
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affirms that the employer is not employing any unauthorized
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aliens and is in compliance with s. 448.095. The first quarter
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will commence from the issuance date of the final order. Each
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subsequent quarter will commence 90 days after the previous
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quarter. The Department of Commerce may enforce compliance with
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this subsection by filing a petition for enforcement with the
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circuit court in and for Leon County. Venue for all actions
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pursuant to this subsection is in Leon County.
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(4) Any violation of this section which takes place within
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24 months after a previous violation constitutes grounds for the
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suspension or revocation of all licenses issued by a licensing
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agency subject to chapter 120. The Department of Commerce must
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provide the employer with a written determination subject to
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chapter 120. The hearing must be held pursuant to ss. 120.569
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and 120.57(1), except that the order of the administrative law
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judge is a final order and is appealable pursuant to s. 120.68.
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The department shall take the following actions for a violation
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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) An alien who is not duly authorized to work by the
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immigration laws of the United States, the Attorney General of
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the United States, or the United States Secretary of the
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Department of Homeland Security and who knowingly uses a false
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identification document or who fraudulently uses an
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identification document of another person for the purpose of
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obtaining employment commits a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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(6) The Department of Commerce may adopt rules to implement
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this section.
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Section 15. For the purpose of incorporating the amendment
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made by this act to section 288.0656, Florida Statutes, in a
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reference thereto, paragraph (h) of subsection (1) of section
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215.971, Florida Statutes, is reenacted to read:
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215.971 Agreements funded with federal or state
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assistance.—
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(1) An agency agreement that provides state financial
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assistance to a recipient or subrecipient, as those terms are
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defined in s. 215.97, or that provides federal financial
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assistance to a subrecipient, as defined by applicable United
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States Office of Management and Budget circulars, must include
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all of the following:
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(h) If the agency agreement provides federal or state
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financial assistance to a county or municipality that is a rural
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community or rural area of opportunity as those terms are
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defined in s. 288.0656(2), a provision allowing the agency to
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provide for the payment of invoices to the county, municipality,
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or rural area of opportunity as that term is defined in s.
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288.0656(2), for verified and eligible performance that has been
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completed in accordance with the terms and conditions set forth
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in the agreement. This provision is included to alleviate the
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financial hardships that certain rural counties and
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municipalities encounter when administering agreements, and must
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be exercised by the agency when a county or municipality
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demonstrates financial hardship, to the extent that federal or
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state law, rule, or other regulation allows such payments. This
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paragraph may not be construed to alter or limit any other
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provisions of federal or state law, rule, or other regulation.
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Section 16. For the purpose of incorporating the amendment
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made by this act to section 288.0656, Florida Statutes, in a
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reference thereto, paragraph (j) of subsection (2) of section
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288.062, Florida Statutes, is reenacted to read:
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288.062 Rural Community Investment Program.—
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(2) As used in this section, the term:
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(j) “Rural community” means a rural community as defined in
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s. 288.0656 or a designated rural area of opportunity as defined
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in s. 288.0656(2).
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Section 17. For the purpose of incorporating the amendment
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made by this act to section 288.0656, Florida Statutes, in a
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reference thereto, paragraph (b) of subsection (2) of section
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288.0655, Florida Statutes, is reenacted to read:
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288.0655 Rural Infrastructure Fund.—
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(2)
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(b) To facilitate access of rural communities and rural
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areas of opportunity as defined by the Rural Economic
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Development Initiative to infrastructure funding programs of the
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Federal Government, such as those offered by the United States
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Department of Agriculture and the United States Department of
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Commerce, and state programs, including those offered by Rural
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Economic Development Initiative agencies, and to facilitate
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local government or private infrastructure funding efforts, the
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department may award grants for up to 75 percent of the total
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infrastructure project cost, or up to 100 percent of the total
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infrastructure project cost for a project located in a rural
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community as defined in s. 288.0656(2) which is also located in
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a fiscally constrained county as defined in s. 218.67(1) or a
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rural area of opportunity as defined in s. 288.0656(2). Eligible
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uses of funds may include improving any inadequate
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infrastructure that has resulted in regulatory action that
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prohibits economic or community growth and reducing the costs to
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community users of proposed infrastructure improvements that
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exceed such costs in comparable communities. Eligible uses of
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funds include improvements to public infrastructure for
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industrial or commercial sites and upgrades to or development of
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public tourism infrastructure. Authorized infrastructure may
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include the following public or public-private partnership
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facilities: storm water systems; telecommunications facilities;
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roads or other remedies to transportation impediments; nature
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based tourism facilities; or other physical requirements
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necessary to facilitate tourism, trade, and economic development
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activities in the community. Authorized infrastructure may also
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include publicly or privately owned self-powered nature-based
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tourism facilities, publicly owned telecommunications
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facilities, and additions to the distribution facilities of the
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existing natural gas utility as defined in s. 366.04(3)(c), the
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existing electric utility as defined in s. 366.02, or the
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existing water or wastewater utility as defined in s.
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367.021(12), or any other existing water or wastewater facility,
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which owns a gas or electric distribution system or a water or
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wastewater system in this state when:
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1. A contribution-in-aid of construction is required to
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serve public or public-private partnership facilities under the
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tariffs of any natural gas, electric, water, or wastewater
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utility as defined herein; and
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2. Such utilities as defined herein are willing and able to
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provide such service.
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Section 18. For the purpose of incorporating the amendment
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made by this act to section 288.0656, Florida Statutes, in a
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reference thereto, subsection (10) of section 332.007, Florida
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Statutes, is reenacted to read:
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332.007 Administration and financing of aviation and
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airport programs and projects; state plan.—
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(10) Subject to the availability of appropriated funds, and
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unless otherwise provided in the General Appropriations Act or
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the substantive bill implementing the General Appropriations
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Act, the department may fund up to 100 percent of eligible
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project costs of all of the following at a public-use airport
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located in a rural community as defined in s. 288.0656 which
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does not have any scheduled commercial service:
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(a) The capital cost of runway and taxiway projects that
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add capacity. Such projects must be prioritized based on the
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amount of available nonstate matching funds.
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(b) Economic development transportation projects pursuant
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to s. 339.2821.
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Any remaining funds must be allocated for projects specified in
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subsection (6).
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Section 19. For the purpose of incorporating the amendment
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made by this act to section 288.0656, Florida Statutes, in a
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reference thereto, paragraph (d) of subsection (14) of section
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627.6699, Florida Statutes, is reenacted to read:
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627.6699 Employee Health Care Access Act.—
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(14) SMALL EMPLOYERS ACCESS PROGRAM.—
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(d) Eligibility.—
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1. Any small employer that is actively engaged in business,
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has its principal place of business in this state, employs up to
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25 eligible employees on business days during the preceding
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calendar year, employs at least 2 employees on the first day of
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the plan year, and has had no prior coverage for the last 6
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months may participate.
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2. Any municipality, county, school district, or hospital
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employer located in a rural community as defined in s.
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288.0656(2) may participate.
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3. Nursing home employers may participate.
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4. Each dependent of a person eligible for coverage is also
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eligible to participate.
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Any employer participating in the program must do so until the
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end of the term for which the carrier providing the coverage is
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obligated to provide such coverage to the program. Coverage for
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a small employer group that ceases to meet the eligibility
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requirements of this section may be terminated at the end of the
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policy period for which the necessary premiums have been paid.
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Section 20. This act shall take effect July 1, 2026.