The range of amendments introduced in Florida's Senate Bill (SB1718) has caused panic and confusion. Any time bills of this magnitude are released to the public, people get talking. And when people get talking, it is easy for misinformation to start spreading. Considering the significance of this bill to immigrants in Florida, we thought it would be great to break down the points in an easy-to-understand blog. Below are the key topics addressed in the bill and a brief description of what they mean.
Stricter Measures Against Human Smuggling:
Human smuggling now constitutes a third-degree felony if an individual knowingly transports someone into Florida, knowing they've entered the U.S. unlawfully and without federal inspection.
Enhanced penalties for smuggling minors, moving more than five people, or if the defendant has a previous human smuggling conviction.
Inclusion in RICO Act:
Human smuggling is now included in the list of crimes prosecutable under the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, adding an extra layer of deterrence.
Law Enforcement Cooperation:
Law enforcement agencies can now share relevant information obtained through enforcement with federal immigration agencies, facilitating coordinated efforts.
Enforcement of Federal Immigration Laws:
The Florida Department of Law Enforcement gains the necessary authority to work with the Federal Government in enforcing federal immigration laws and responding to immigration-related incidents within or affecting Florida.
E-Verify Mandate for Private Employers:
Private employers with 25 or more employees must now use the E-Verify system for new hires, starting July 1, 2023. Public employers and contractors remain subject to existing E-Verify requirements.
Tougher Employer Defenses and Penalties:
Changes to defenses for employers using I-9 Form or E-Verify system, with increased penalties for noncompliance, including a daily fine of $1,000 and potential license suspension after multiple noncompliance findings, effective July 1, 2024.
Penalties for Employing Unauthorized Aliens:
Employers who knowingly hire unauthorized aliens face penalties, including quarterly reporting and potential suspension or revocation of licenses, starting July 1, 2024.
Unauthorized Alien Employment Offense:
Unauthorized aliens who knowingly use false identification documents or fraudulently use another person's identification document for employment now face a third-degree felony.
Restrictions on Issuing Identification Cards:
Counties and municipalities are prohibited from providing funds for issuing identification cards or documents to individuals who cannot prove lawful presence in the U.S.
Driver's License Restrictions:
Individuals with licenses exclusively issued to undocumented immigrants unable to prove lawful presence are prohibited from operating motor vehicles.
Changes to Florida Bar Admission:
Effective November 1, 2028, the statute allowing unauthorized immigrants to be admitted to the Florida Bar under certain conditions will be repealed.
DNA Sample Requirement for Immigration Detainees:
Individuals in the custody of law enforcement agencies, who are subject to an immigration detainer, are now required to provide a DNA sample at the time of their booking into a jail, correctional, or juvenile facility. This measure aims to enhance identification and tracking processes for those with immigration-related matters.
Medicaid-Linked Immigration Status Inquiry:
Hospitals accepting Medicaid must include a question about the patient's citizenship or lawful presence in the U.S. on admission forms.
Reporting Requirements for Hospitals:
Hospitals are mandated to provide quarterly reports to the Agency for Health Care Administration, detailing emergency department visits or admissions based on immigration status.
Funding for Unauthorized Alien Transport Program:
A one-time allocation of $12 million from the General Revenue Fund has been earmarked for the Unauthorized Alien Transport Program under Ch. 2023-3, L.O.F., for the 2023-2024 fiscal year.
This bill brings significant changes to Florida's approach to unauthorized aliens, emphasizing stricter enforcement, employer accountability, and enhanced coordination with federal agencies. These amendments reflect a comprehensive effort to address immigration-related issues within the state. We hope this article has helped you get to know SB1718 in a reliable and easy-to-understand way. As immigration laws are constantly changing, it’s important to stay up to date with the most current information, but to make sure you are getting that information from a reliable source like www.uscis.gov or www.justice.gov/eoir. If you need immigration-related assistance, please contact our offices at 305-514-0500.
