Florida 2020 Regular Session Status: Enacted

SB 664 — Verification of Employment Eligibility

Last action — Chapter No. 2020-149

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced October 24, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Verification of Employment Eligibility; Prohibiting the approval of certain economic development incentive applications after a specified date; requiring public employers, contractors, and subcontractors to register with and use the E-Verify system; prohibiting such entities from entering into a contract unless each party to the contract registers with and uses the E-Verify system; requiring private employers to verify the employment eligibility of newly hired employees beginning on a specified date, etc.

Bill Text

What changed in the latest version

221 added · 289 removed

221 line(s) added, 289 removed.

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Florida Senate - 2020 CS for CS for SB 664 By the Committees on Commerce and Tourism;
Florida Senate - 2020 CS for SB 664 By the Committee on Judiciary;
and Judiciary;
and Senators Lee, Gruters, and Harrell 590-03510A-20 2020664c1 A bill to be entitled An act relating to the verification of employment eligibility;
and Senators Lee, Gruters, Harrell, and Simmons 577-03847A-20 2020664c2 A bill to be entitled An act relating to the verification of employment eligibility;
amending s.
287.058, F.S.;
requiring written agreements for the procurement of specified contractual services to include a statement regarding the requirement that a contractor or subcontractor register with and use an employment verification system;
40 Be It Enacted by the Legislature of the State of Florida:
35 Be It Enacted by the Legislature of the State of Florida:
42 Section 1. Subsection (1) of section 287.058, Florida Statutes, is amended to read:
37 Section 1. Section 287.137, Florida Statutes, is created to read:
287.058 Contract document.— (1) Every procurement of contractual services in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO, except for the providing of health and mental health services or drugs in the examination, diagnosis, or treatment of sick or injured state employees or the providing of other benefits as required by chapter 440, shall be evidenced by a written agreement embodying all provisions and conditions of the procurement of such services, which shall, where applicable, include, but not be limited to, a provision:
(a) That bills for fees or other compensation for services or expenses be submitted in detail sufficient for a proper preaudit and postaudit thereof.
(b) That bills for any travel expenses be submitted in accordance with s.
112.061.
A state agency may establish rates lower than the maximum provided in s.
112.061.
(c) Allowing unilateral cancellation by the agency for refusal by the contractor to allow public access to all documents, papers, letters, or other material made or received by the contractor in conjunction with the contract, unless the records are exempt from s.
24(a) of Art.
I of the State Constitution and s.
119.07(1).
(d) Specifying a scope of work that clearly establishes all tasks the contractor is required to perform.
(e) Dividing the contract into quantifiable, measurable, and verifiable units of deliverables that must be received and accepted in writing by the contract manager before payment.
Each deliverable must be directly related to the scope of work and specify a performance measure.
As used in this paragraph, the term “performance measure” means the required minimum acceptable level of service to be performed and criteria for evaluating the successful completion of each deliverable.
(f) Specifying the criteria and the final date by which such criteria must be met for completion of the contract.
(g) Specifying that the contract may be renewed for a period that may not exceed 3 years or the term of the original contract, whichever is longer, specifying the renewal price for the contractual service as set forth in the bid, proposal, or reply, specifying that costs for the renewal may not be charged, and specifying that renewals are contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds.
Exceptional purchase contracts pursuant to s.
287.057(3)(a) and (c) may not be renewed.
(h) Specifying the financial consequences that the agency must apply if the contractor fails to perform in accordance with the contract.
(i) Addressing the property rights of any intellectual property related to the contract and the specific rights of the state regarding the intellectual property if the contractor fails to provide the services or is no longer providing services.
(j) Requiring a contractor or any subcontractor performing a portion of the contract to register with and use an employment verification system to the extent required by s.
287.137 for all new employees hired in this state during the term of the contract.
101 In lieu of a written agreement, the agency may authorize the use of a purchase order for classes of contractual services if the provisions of paragraphs (a)-(j) (a)-(i) are included in the purchase order or solicitation.
The purchase order must include, but need not be limited to, an adequate description of the services, the contract period, and the method of payment.
In lieu of printing the provisions of paragraphs (a)-(c) and (g) in the contract document or purchase order, agencies may incorporate the requirements of paragraphs (a)-(c) and (g) by reference.
Section 2. Section 287.137, Florida Statutes, is created to read:
(a) “Contractor” means a person or an entity that has more than 10 employees in this state and has entered into, or is attempting to enter into, a contract with a public employer to provide labor, supplies, or services to such employer.
(a) “Contractor” means a person or an entity that has more than 10 employees and has entered into, or is attempting to enter into, a contract with a public employer to provide labor, supplies, or services to such employer.
(d) “Public employer” means a department, an agency, or a political subdivision of this state which enters into, or attempts to enter into, a contract with a contractor for an amount that will, or is expected to, exceed the CATEGORY TWO threshold amount provided in s.
(d) “Public employer” means a department, an agency, or a political subdivision of this state which enters into, or attempts to enter into, a contract with a contractor for an amount that will, or is expected to, exceed the CATEGORY FOUR threshold amount provided in s.
(e) “Subcontractor” means a person or an entity that has more than 10 employees in this state and provides labor, supplies, or services to or for a contractor or another subcontractor pursuant to a contract that will, or is expected to, exceed the CATEGORY TWO threshold amount provided in s.
(e) “Subcontractor” means a person or an entity that has more than 10 employees and provides labor, supplies, or services to or for a contractor or another subcontractor pursuant to a contract that will, or is expected to, exceed the CATEGORY THREE threshold amount provided in s.
(2) On or after July 1, 2021:
(2) On or after July 1, 2022:
Section 3. Section 448.093, Florida Statutes, is created to read:
Section 2. Section 448.093, Florida Statutes, is created to read:
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(a) “Agency” means an agency, a department, a board, or a commission of this state or a county or municipality which issues a license to operate a business in this state.
(a) “Agency” means an agency, a department, a board, or a commission of this state or a county, municipality, or town issuing a license to operate a business in this state.
3. An employee leasing company licensed pursuant to part XI of chapter 468 which enters into a written agreement or understanding with a client company which places the primary obligation for compliance with this section upon the client company.
3. An agricultural employer, which includes any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed, or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker.
This subparagraph is repealed 90 days after the effective date of any federal law, rule, regulation, or program that authorizes this state or a federal agency to grant temporary legal status to an unauthorized alien who can demonstrate that he or she has performed agricultural work in the United States for not fewer than 575 hours or 100 work days during a 2-year period and has maintained a continuous presence in the United States, except for brief absences, during that period.
4. An employee leasing company licensed pursuant to part XI of chapter 468 which enters into a written agreement or understanding with a client company which places the primary obligation for compliance with this section upon the client company.
2. A system to verify whether an employee is an unauthorized alien that an employer certifies, under penalty of perjury, on a form provided by the department as a substantially equivalent electronic employment verification system to that specified in subparagraph 1.;
or 2. A substantially equivalent electronic employment verification system that is permissible under department rule.
or 3. A system that complies with 8 U.S.C.
1324a and the employer maintains complete copies of all records used to establish an employee’s identity and employment authorization for at least 3 years after the employer receives the records or 1 year after the employee ceases to provide services to the employer, whichever is later.
SUSPENSION OF BUSINESS LICENSE.— (a) An employer shall, after making an offer of employment which has been accepted by an individual, use an employment verification system to verify such individual’s employment eligibility.
SUSPENSION OF BUSINESS LICENSE.— (a) An employer shall, after making an offer of employment which has been accepted by a person, use an employment verification system to verify such person’s employment eligibility.
1. Employers having at least 500 employees in this state must use an employment verification system beginning January 1, 2021.
1. Employers having at least 500 employees must use an employment verification system beginning January 1, 2021.
2. Employers having at least 100 employees in this state must use an employment verification system beginning July 1, 2021.
2. Employers having at least 250 employees must use an employment verification system beginning July 1, 2021.
3. Employers having at least 20 employees in this state must use an employment verification system beginning January 1, 2022.
3. Employers having at least 150 employees must use an employment verification system beginning January 1, 2022.
(c) If an employer does not register with an employment verification system, the department may impose a fine of up to $500 on the employer, who must then register with an employment verification system and provide an affidavit stating such fact to the department within 30 days.
4. Employers having more than 10 employees must use an employment verification system 90 days after the effective date of any federal law, rule, regulation, or program that authorizes this state to issue a work permit, whether temporary or permanent, to a qualifying undocumented alien.
(c) If an employer does not register with an employment verification system, the department may impose a fine of up to $500 on the employer, who must then register with an employment verification system and provide an affidavit of stating such fact to the department within 30 days.
Section 4. This act shall take effect July 1, 2020.
Section 3. This act shall take effect July 1, 2020.
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Action History

  1. Chapter No. 2020-149

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered engrossed, then enrolled

  5. CS passed as amended; YEAS 23 NAYS 17

  6. Concurred in 1 amendment(s) (577843)

  7. In returning messages

  8. CS passed as amended; YEAS 73 NAYS 45

  9. Amendment(s) failed (148213, 234301)

  10. Read 3rd time

  11. Placed on 3rd reading

  12. Amendment(s) adopted (577843)

  13. Amendment(s) failed (959283) -HJ 1048, 1050

  14. Read 2nd time -HJ 1048, 1050

  15. Placed on Special Order Calendar, 03/10/20

  16. Received

  17. Referred to Calendar

  18. In Messages

  19. CS passed as amended; YEAS 22 NAYS 18

  20. Read 3rd time

  21. Placed on 3rd reading

  22. Ordered engrossed

  23. Amendment(s) adopted (468060)

  24. Read 2nd time

  25. Retained on Special Order Calendar

  26. Placed on Special Order Calendar, 03/05/20

  27. Placed on Calendar, on 2nd reading

  28. CS/CS/CS by Rules read 1st time

  29. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  30. CS/CS/CS by- Rules; YEAS 10 NAYS 7

  31. On Committee agenda-- Rules, 03/02/20, 12:00 pm, 110 Senate Building

  32. CS/CS by Commerce and Tourism read 1st time

  33. Now in Rules

  34. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  35. CS/CS by Commerce and Tourism; YEAS 3 NAYS 2

  36. CS by Judiciary read 1st time

  37. On Committee agenda-- Commerce and Tourism, 02/18/20, 10:00 am, 110 Senate Building

  38. Now in Commerce and Tourism

  39. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  40. CS by Judiciary; YEAS 4 NAYS 2

  41. On Committee agenda-- Judiciary, 02/11/20, 2:00 pm, 110 Senate Building

  42. Introduced

  43. Referred to Judiciary; Commerce and Tourism; Rules

  44. Filed

Sponsors

  • Lee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 18 voted No

Sponsors (1)

  • Lee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Returning Messages

Passed 23 Yea · 17 Nay
Party YeaNayPresentNot Voting
Republican 8100
Unaffiliated 151300
No Party Affiliation 0100
Democrat 0200
Total 231700
% of votes cast 58%43%0%0%
How each member voted (40)
Member Party Vote
Flores — Yea
Rader — Nay
Baxley — Yea
Gainer — Nay
Braynon — Nay
Montford — Yea
Torres — Nay
Broxson — Yea
Cruz — Nay
Perry — Yea
Galvano — Yea
Diaz — Yea
Farmer — Nay
Powell — Nay
Bean — Yea
Gibson — Nay
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Book — Nay
Stargel — Yea
Bracy — Nay
Hutson — Yea
Stewart — Nay
Lee — Yea
Taddeo — Nay
Brandes — Yea
Thurston — Nay
Berman, Lori Democrat Nay
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Nay
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Nay
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 73 Yea · 45 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 473202
Republican 25200
Democrat 11100
Total 734502
% of votes cast 61%38%0%2%
How each member voted (120)
Member Party Vote
Alexander — Nay
Goff-Marcil — Nay
Aloupis — Yea
Good — Nay
Polo — Nay
Altman — Yea
Ponder — Yea
Grant, J. — Yea
Pritchett — Nay
Ausley — Nay
Grant, M. — Yea
Raschein — Yea
Renner — Yea
Bell — Yea
Grieco — Nay
Roach — Yea
Beltran — Yea
Hage — Yea
Robinson — Yea
Hart — Nay
Rodrigues, R. — Yea
Brown — Nay
Hattersley — Nay
Hill — Yea
Rommel — Yea
Bush — Nay
Ingoglia — Yea
Roth — Yea
Byrd — Yea
Sabatini — Yea
Caruso — Yea
Jacquet — Nay
Santiago — Yea
Casello — Nay
Jenne — Nay
Clemons — Yea
Silvers — Nay
Cortes — Nay
Cummings — Yea
Killebrew — Yea
Slosberg — Nay
Latvala — Yea
Sprowls — Yea
Diamond — Nay
Magar — Yea
Stevenson — Yea
Donalds — Yea
Stone — Yea
Drake — Yea
Mariano — Yea
Sullivan — Yea
DuBose — Nay
Toledo — Yea
Tomkow — Yea
Duran — Nay
McGhee — Nay
Eagle — Yea
Valdes — Nay
Newton — Nay
Watson, B. — Nay
Fernandez — Nay
Oliva — Yea
Watson, C. — Nay
Fernandez-Barquin — Yea
Omphroy — Nay
Webb — Nay
Fetterhoff — Yea
Willhite — Nay
Fine — Yea
Payne — Yea
Williams — Nay
Fischer — Yea
Williamson — Yea
Fitzenhagen — Yea
Pigman — Yea
Geller — Nay
Zika — Yea
Jacobs — Not Voting
Mercado — Not Voting
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Nay
Antone, Bruce Hadley Democrat Nay
Daley, Dan Democrat Nay
Daniels, Kimberly Democrat Nay
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Nay
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Nay
Joseph, Dotie Democrat Nay
Polsky, Tina Scott Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Johnson, Chad Republican Nay
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Nay
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Third Reading

Passed 22 Yea · 18 Nay
Party YeaNayPresentNot Voting
Republican 8100
Unaffiliated 141400
Democrat 0200
No Party Affiliation 0100
Total 221800
% of votes cast 55%45%0%0%
How each member voted (40)
Member Party Vote
Flores — Yea
Rader — Nay
Baxley — Yea
Gainer — Nay
Bean — Yea
Gibson — Nay
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Book — Nay
Stargel — Yea
Bracy — Nay
Hutson — Yea
Stewart — Nay
Lee — Yea
Taddeo — Nay
Brandes — Yea
Thurston — Nay
Braynon — Nay
Montford — Nay
Torres — Nay
Broxson — Yea
Cruz — Nay
Perry — Yea
Galvano — Yea
Diaz — Yea
Farmer — Nay
Powell — Nay
Berman, Lori Democrat Nay
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Nay
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Nay
Wright, Tom A. Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 10 Yea · 7 Nay
Party YeaNayPresentNot Voting
Republican 2100
Unaffiliated 8600
Total 10700
% of votes cast 59%41%0%0%
How each member voted (17)
Member Party Vote
Brandes — Yea
Flores — Yea
Hutson — Yea
Lee — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Benacquisto — Yea
Book — Nay
Braynon — Nay
Farmer — Nay
Montford — Nay
Thurston — Nay
Gibson — Nay
Bradley, Jennifer Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 664 do?
Verification of Employment Eligibility; Prohibiting the approval of certain economic development incentive applications after a specified date; requiring public employers, contractors, and subcontractors to register with and use the E-Verify system; prohibiting such entities from entering into a contract unless each party to the contract registers with and uses the E-Verify system; requiring private employers to verify the employment eligibility of newly hired employees beginning on a specified date, etc.
Who sponsors SB 664?
SB 664 is sponsored by Lee.
What is the current status of SB 664?
This bill has been enacted into law. Introduced October 24, 2019. Enacted.
Where can I track SB 664?
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