25-01589-24 20241598__ 1 A bill to be entitled 2 An act relating to immigration and immigrants; 3 providing a short title; providing legislative intent; 4 amending s. 117.107, F.S.; prohibiting notary publics 5 from using specified terms to describe themselves in 6 certain circumstances; repealing s. 395.3027, F.S., 7 relating to patient immigration status data collection 8 by hospitals; amending s. 402.307, F.S.; specifying 9 that a childâs immigration status may not be a reason 10 for denying licensure of a child-caring agency; 11 amending s. 448.095, F.S.; deleting a requirement that 12 certain private employers use the E-Verify system to 13 verify a new employeeâs eligibility to work; deleting 14 a requirement that an employer discontinue employing a 15 person after learning that the person is or has become 16 an unauthorized alien; revising requirements for 17 public agency contracting; amending s. 760.01, F.S.; 18 adding freedom from discrimination because of 19 immigration status to the purposes of the Florida 20 Civil Rights Act of 1992; requiring the state and its 21 political subdivisions to accept identification 22 documents issued by certain entities; requiring the 23 Department of Commerce to establish criteria for a 24 specified program relating to identification 25 documents; amending s. 454.021, F.S.; deleting 26 provisions relating to licenses to practice law for 27 certain unauthorized immigrants; deleting the future 28 repeal of specified provisions; providing that, unless 29 required by federal law, a personâs immigration status 30 alone may not determine the personâs ability to obtain 31 professional or occupational licenses in the state; 32 repealing s. 787.07, F.S., relating to human 33 smuggling; amending s. 908.11, F.S.; prohibiting law 34 enforcement agencies from entering into or renewing 35 certain agreements with the United States Immigration 36 and Customs Enforcement; revising a reporting 37 requirement; amending s. 908.102, F.S.; providing and 38 revising definitions; repealing s. 908.103, F.S., 39 relating to a prohibition on sanctuary policies; 40 amending s. 908.104, F.S.; deleting provisions 41 relating to support of federal immigration law by law 42 enforcement agencies; revising the definition of the 43 term âapplicable criminal caseâ; revising provisions 44 concerning cooperation with federal immigration 45 authorities by correctional facilities; repealing s. 46 908.105, F.S., relating to duties of law enforcement 47 agencies related to immigration detainers; repealing 48 s. 908.106, F.S., relating to reimbursement of costs 49 of housing certain persons subject to immigration 50 detainers; amending s. 908.107, F.S.; providing for 51 the award of damages for certain violations; deleting 52 provisions concerning violations of provisions 53 relating to sanctuary policies; repealing s. 908.111, 54 F.S., relating to a prohibition against governmental 55 entity contracts with common carriers; creating s. 56 908.112, F.S.; specifying duties of certain officials 57 concerning certification of certain activities in 58 support of visa applications; providing a rebuttable 59 presumption; creating s. 908.113, F.S.; prohibiting 60 certain persons from offering certain services 61 concerning assistance in immigration matters; 62 requiring certain persons and businesses offering 63 immigration assistance to make a required disclosure; 64 providing exceptions; amending s. 943.325, F.S.; 65 revising provisions relating to collection of DNA 66 samples from persons held on immigration detainers; 67 amending s. 1002.31, F.S.; providing for preferential 68 treatment in controlled open enrollment to specified 69 children; amending s. 1003.21, F.S.; specifying that 70 the immigration status of certain children does not 71 affect access to public schools; amending s. 1009.26, 72 F.S.; revising requirements for certain fee waivers; 73 amending s. 1009.40, F.S.; providing that a student 74 may not be denied classification as a resident for 75 purposes of receiving state financial aid awards based 76 solely upon his or her immigration status if certain 77 requirements are met; amending ss. 456.074, 480.041, 78 480.043, 775.30, 794.056, 921.0022, and 938.085, F.S.; 79 conforming provisions to changes made by the act; 80 providing effective dates. 81 82 Be It Enacted by the Legislature of the State of Florida: 83 84 Section 1.â(1)âThis act may be cited as the âWelcoming 85 Florida Act.â 86 (2)âIt is the intent of the Legislature to show that 87 although the administration of immigration is exceedingly 88 complex and regulating immigration is the role of the Federal 89 Government, Florida should do its part by welcoming, valuing, 90 and upholding the dignity of all immigrants who call the 91 Sunshine State home. 92 Section 2.âSubsection (13) is added to section 117.107, 93 Florida Statutes, to read: 94 117.107âProhibited acts.â 95 (13)âA notary public, who does not hold an active license 96 to practice law in a state of the United States and is not 97 otherwise permitted to practice law or represent others under 98 federal law in an immigration matter, may not use the term 99 notario publico, notario, immigration assistant, immigration 100 consultant, immigration specialist, or any other designation or 101 title, in any language, which conveys or implies that he or she 102 possesses professional legal skills in immigration law, when 103 advertising his or her notary public services. 104 Section 3.âSection 395.3027, Florida Statutes, is repealed. 105 Section 4.âSubsection (6) is added to section 402.307, 106 Florida Statutes, to read: 107 402.307âApproval of licensing agency.â 108 (6)âThe immigration status of a child, whether 109 unaccompanied or otherwise, including unaccompanied alien 110 children, may not be a reason a prospective or established 111 licensed child-caring agency is denied a license or license 112 renewal. 113 Section 5.âSubsection (2), paragraph (a) of subsection (4), 114 subsection (5), and paragraph (a) of subsection (6) of section 115 448.095, Florida Statutes, are amended to read: 116 448.095âEmployment eligibility.â 117 (2)âEMPLOYMENT VERIFICATION.â 118 (a)âAn employer shall verify each new employeeâs employment 119 eligibility within 3 business days after the first day that the 120 new employee begins working for pay as required under 8 C.F.R. 121 s. 274a. 122 (b)1.âA public agency shall use the E-Verify system to 123 verify a new employeeâs employment eligibility as required under 124 paragraph (a). 125 2.âBeginning on July 1, 2023, a private employer with 25 or 126 more employees shall use the E-Verify system to verify a new 127 employeeâs employment eligibility as required under paragraph 128 (a). 129 2.3.âEach employer required to use the E-Verify system 130 under this paragraph must certify on its first return each 131 calendar year to the tax service provider that it is in 132 compliance with this section when making contributions to or 133 reimbursing the stateâs unemployment compensation or 134 reemployment assistance system. An employer that voluntarily 135 uses the E-Verify system may also make such a certification on 136 its first return each calendar year in order to document such 137 use. 138 (c)âIf the E-Verify system is unavailable for 3 business 139 days after the first day that the new employee begins working 140 for pay and an employer cannot access the system to verify a new 141 employeeâs employment eligibility, the employer must use the 142 Employment Eligibility Verification form (Form I-9) to verify 143 employment eligibility. The unavailability of the E-Verify 144 system does not bar the employer from using the rebuttable 145 presumption established in paragraph (4)(a). An employer must 146 document the unavailability of the E-Verify system by retaining 147 a screenshot from each day which shows the employerâs lack of 148 access to the system, a public announcement that the E-Verify 149 system is not available, or any other communication or notice 150 recorded by the employer regarding the unavailability of the 151 system. 152 (d)âThe employer must retain a copy of the documentation 153 provided and any official verification generated, if applicable, 154 for at least 3 years. 155 (e)âAn employer may not continue to employ an unauthorized 156 alien after obtaining knowledge that a person is or has become 157 an unauthorized alien. 158 (e)(f)âAn employee leasing company licensed under part XI 159 of chapter 468 which enters into a written agreement or 160 understanding with a client company which places the primary 161 obligation for compliance with this section upon the client 162 company is not required to verify employment eligibility of any 163 new employees of the client company. In the absence of a written 164 agreement or understanding, the employee leasing company is 165 responsible for compliance with this section. Such employee 166 leasing company shall, at all times, remain an employer as 167 otherwise defined in federal laws or regulations. 168 (4)âDEFENSES.â 169 (a)âAn employer that uses the E-Verify system or, if that 170 system is unavailable, the Employment Eligibility Verification 171 form (Form I-9) as provided in paragraph (2)(c), with respect to 172 the employment of an unauthorized alien has established a 173 rebuttable presumption that the employer has not violated s. 174 448.09 with respect to such employment. 175 (5)âPUBLIC AGENCY CONTRACTING.â 176 (a)âA public agency must require in any contract that the 177 contractor, and any subcontractor thereof, register with and use 178 the E-Verify system or the Employment Eligibility Verification 179 form (Form I-9) to verify the work authorization status of all 180 new employees of the contractor or subcontractor. A public 181 agency or a contractor or subcontractor thereof may not enter 182 into a contract unless each party to the contract registers with 183 and uses the E-Verify system. 184 (b)âIf a contractor enters into a contract with a 185 subcontractor, the subcontractor must provide the contractor 186 with an affidavit stating that the subcontractor does not 187 employ, contract with, or subcontract with an unauthorized 188 alien. The contractor shall maintain a copy of such affidavit 189 for the duration of the contract. 190 (c)1.âA public agency, contractor, or subcontractor who has 191 a good faith belief that a person or an entity with which it is 192 contracting has knowingly violated s. 448.09(1) shall terminate 193 the contract with the person or entity. 194 2.âA public agency that has a good faith belief that a 195 subcontractor knowingly violated this subsection, but the 196 contractor otherwise complied with this subsection, shall 197 promptly notify the contractor and order the contractor to 198 immediately terminate the contract with the subcontractor. 199 3.âA contract terminated under this paragraph is not a 200 breach of contract and may not be considered as such. If a 201 public agency terminates a contract with a contractor under this 202 paragraph, the contractor may not be awarded a public contract 203 for at least 1 year after the date on which the contract was 204 terminated. A contractor is liable for any additional costs 205 incurred by a public agency as a result of the termination of a 206 contract. 207 (d)âA public agency, contractor, or subcontractor may file 208 a cause of action with a circuit or county court to challenge a 209 termination under paragraph (c) no later than 20 calendar days 210 after the date on which the contract was terminated. 211 (6)âCOMPLIANCE.â 212 (a)âIn addition to the requirements under s. 288.061(6), 213 beginning on July 1, 2024, if the Department of Economic 214 Opportunity determines that an employer failed to use the E 215 Verify system or the Employment Eligibility Verification form 216 (Form I-9) to verify the employment eligibility of employees as 217 required under this section, the department must notify the 218 employer of the departmentâs determination of noncompliance and 219 provide the employer with 30 days to cure the noncompliance. 220 Section 6.âSubsection (2) of section 760.01, Florida 221 Statutes, is amended to read: 222 760.01âPurposes; construction; title.â 223 (2)âThe general purposes of the Florida Civil Rights Act of 224 1992 are to secure for all individuals within the state freedom 225 from discrimination because of race, color, religion, sex, 226 pregnancy, national origin, age, handicap, immigration status, 227 or marital status and thereby to protect their interest in 228 personal dignity, to make available to the state their full 229 productive capacities, to secure the state against domestic 230 strife and unrest, to preserve the public safety, health, and 231 general welfare, and to promote the interests, rights, and 232 privileges of individuals within the state. 233 Section 7.â(1)âIn order to encourage the safety of law 234 enforcement, first responders, medical and hospital staff, 235 children, school officials, and all residents of the state, the 236 State of Florida will recognize and accept identification 237 documents, including identification cards issued by 238 municipalities, counties, other political subdivisions, and 239 nongovernmental organizations that have been approved by 240 municipalities, counties, and other political subdivisions. 241 (2)âThe Department of Commerce shall establish criteria for 242 participation in this program and will create a recurring grant 243 for Fiscal Year 2024-2025 of $5 million from the General Revenue 244 Fund to assist political subdivisions in the creation of their 245 respective programs. 246 Section 8.âEffective upon this act becoming a law, 247 subsection (3) of section 454.021, Florida Statutes, is amended 248 to read: 249 454.021âAttorneys; admission to practice law; Supreme Court 250 to govern and regulate.â 251 (3)âUpon certification by the Florida Board of Bar 252 Examiners that an applicant or petitioner who has fulfilled all 253 requirements for admission to practice law in this state who is 254 an unauthorized immigrant who was brought to the United States 255 as a minor; has been present in the United States for more than 256 10 years; has received documented employment authorization from 257 the United States Citizenship and Immigration Services (USCIS); 258 has been issued a social security number; if a male, has 259 registered with the Selective Service System if required to do 260 so under the Military Selective Service Act, 50 U.S.C. App. 453; 261 and has fulfilled all requirements for admission to practice law 262 in this state, the Supreme Court of Florida may admit that 263 applicant or petitioner, regardless of his or her immigration 264 status, as an attorney at law authorized to practice in this 265 state and may direct an order be entered upon the courtâs 266 records to that effect. 267 Section 9.âSection 8 of chapter 2023-40, Laws of Florida, 268 is repealed. 269 Section 10.âNotwithstanding any other law, and unless 270 required by federal law, a personâs immigration status alone 271 shall not determine the personâs ability to obtain a 272 professional or occupational license in the state. 273 Section 11.âSection 787.07, Florida Statutes, is repealed. 274 Section 12.âSection 908.11, Florida Statutes, is amended to 275 read: 276 908.11âImmigration enforcement assistance agreements; 277 reporting requirement.â 278 (1)âBy July January 1, 2024 2023, a each law enforcement 279 agency operating a county detention facility may not must enter 280 into or renew a written agreement with the United States 281 Immigration and Customs Enforcement to participate in the 282 immigration program established under s. 287(g) of the 283 Immigration and Nationality Act, 8 U.S.C. s. 1357. This 284 subsection does not require a law enforcement agency to 285 participate in a particular program model.