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Florida Constitution Revision Commission

PUB 700572: Mandatory E-Verify Requirement for All Florida Employers by chris luz

ARTICLE XI: AMENDMENTS, New Section.

Catchline: Utilization of federal work authorization program

 

(a) Every employer receiving a business license or other document required to operate a business in the state of Florida with more than five employees shall register with and utilize the federal work authorization program, as described in Executive Order No. 11-116. The requirements of this subsection shall be effective on July 1, 2018

(b) For purposes of this Code section, the term "employee" shall apply to anyone employed more than 15 hours in any calendar month.

(c) Before any state, county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person engaged in a profession or business required to be licensed by the state, the person shall provide evidence of such licensure to the appropriate agency of the state, county or municipal corporation that issues business licenses. No business license, occupational tax certificate, or other document required to operate a business shall be issued to any person subject to licensure without evidence of such licensure being presented.

(d) (1) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program.

(2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number.

(e) State, county and municipal corporations subject to the requirements of this amendment section shall provide an annual report to the Auditor General as proof of compliance. Subject to funding, the Auditor General shall annually conduct an audit of no fewer than 20 percent of such reporting agencies.

(f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system.

(g) Once an applicant for a business license, occupational tax certificate, or other document required to operate a business has submitted an affidavit with a federally assigned employment eligibility verification system user number, he or she shall not be authorized to submit a renewal application using a new or different federally assigned employment eligibility verification system user number, unless accompanied by a sworn document explaining the reason such applicant obtained a new or different federally assigned employment eligibility verification system user number.

(h) Any person presenting false or misleading evidence of state licensure shall be guilty of a first degree misdemeanor. Any government official or employee knowingly acting in violation of this amendment shall be guilty of a first degree misdemeanor; It shall be a defense to a violation of this amendment section that such person acted in good faith and made a reasonable attempt to comply with the requirements of this section.

(i) Documents required by this Code section may be submitted electronically.

(j) The Attorney General shall be authorized to conduct an investigation and bring any criminal or civil action he or she deems necessary to ensure compliance with the provisions of this amendment. The Attorney General shall provide an employer who is found to have committed a good faith violation of this Code section 30 days to demonstrate to the Attorney General that such employer has come into compliance with this amendment. During the course of any investigation of violations of this amendment, the Attorney General shall also investigate potential violations of

§ 817.568

 

by employees that may have led to violations of this Code section