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CS/HB 1307 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to unauthorized aliens; creating s. 2
17.72, F.S.; prohibiting the Department of Financial 3
Services from issuing a license or certification to 4
unauthorized aliens; requiring the department to adopt 5
rules; amending s. 125.0167, F.S.; authorizing a 6
county to require a borrower to provide proof of being 7
lawfully present in the United States; creating s. 8
284.52, F.S.; providing definitions; authorizing the 9
Division of Risk Management to approve or deny claims 10
relating to a minor who is an unauthorized alien; 11
prohibiting the division from approving any claim 12
submitted by an adult who is an authorized alien or 13
fails to provide lawful documentation of his or her 14
lawful presence in the United States; amending s. 15
322.53, F.S.; requiring certain procedures, 16
instruction, and testing to be conducted in English; 17
prohibiting alternate language accommodations; 18
creating s. 420.56, F.S.; defining the terms "down 19
payment assistance" and "unauthorized alien"; 20
prohibiting certain entities and corporations from 21
providing down payment assistance to a person who was 22
an unauthorized alien at the time such assistance was 23
received; requiring an unauthorized alien to repay 24
such down payment assistance if received; authorizing 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certain entities and corporations to initiate 26
foreclosure proceedings under certain circumstances; 27
amending s. 420.5088, F.S.; providing that the Florida 28
Homeownership Assistance Program is to assist certain 29
persons who are lawfully present in the United States; 30
amending s. 420.5096, F.S.; providing that the Florida 31
Hometown Hero Program is to assist certain persons who 32
are lawfully present in the United States; amending s. 33
440.02, F.S.; revising the definition of the term 34
"employee"; amending s. 440.10, F.S.; conforming a 35
provision to changes made by the act; creating s. 36
440.1001, F.S.; defining the term "unauthorized 37
alien"; providing that an employer who hires or 38
employs an adult who is an unauthorized alien is 39
personally liable for certain costs and benefits 40
resulting from an injury to such person; providing 41
that an employer must reimburse a carrier for certain 42
costs and benefits; providing for the adjudication of 43
certain disputes and judicial review of certain 44
orders; providing penalties; requiring the Department 45
of Financial Services to transfer reported violations 46
to appropriate licensing authorities; creating s. 47
440.1002, F.S.; defining the term "E-Verify system"; 48
requiring an employer to verify an employee's 49
employment eligibility before submitting a workers' 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
compensation claim; requiring employers to retain, for 51
a specified timeframe, and provide to the Department 52
of Financial Services or carrier upon request certain 53
documentation and verification; providing 54
construction; authorizing the department to adopt 55
rules; amending s. 448.09, F.S.; defining the term 56
"license"; providing penalties for an employer who 57
knowingly employs, hires, recruits, or refers an 58
unauthorized alien; requiring fines collected to be 59
deposited into the State Economic Enhancement and 60
Development Trust Fund; providing a civil cause of 61
action; providing a criminal penalty; amending s. 62
448.095, F.S.; authorizing the Department of Financial 63
Services to request certain verification of an 64
employee's employment eligibility; defining the term 65
"license"; amending s. 560.208, F.S.; requiring a 66
licensee to verify a person's citizenship status 67
before initiating a foreign remittance transfer; 68
defining the term "foreign remittance transfer"; 69
requiring the Financial Services Commission to adopt 70
certain rules; requiring licensees to submit certain 71
forms to the commission within a specified time 72
period; providing a penalty; requiring a licensee to 73
submit such penalty to the commission within a 74
specified time period; requiring the commission to 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
deposit penalties collected into the Regulatory Trust 76
Fund; providing construction; amending s. 560.211, 77
F.S.; requiring licensees to make, keep, and preserve 78
certain documentation used to verify a sender of a 79
foreign remittance transfer is not an unauthorized 80
alien; creating s. 560.2115, F.S.; defining the terms 81
"foreign remittance transfer" and "unauthorized 82
alien"; authorizing the Office of Financial Regulation 83
of the commission to request records of certain 84
documentation; authorizing a person to file a 85
complaint with the office; requiring the office to 86
notify a licensee upon a substantiated complaint; 87
requiring the office to conduct random quarterly 88
audits beginning on a specified date; providing for 89
the suspension of licenses under certain 90
circumstances; amending s. 560.310, F.S.; prohibiting 91
certain forms of personal identification for certain 92
corporate payment instruments; creating s. 627.7408, 93
F.S.; defining the terms "invalid out-of-state driver 94
license" and "unauthorized out-of-state driver"; 95
creating a rebuttable presumption of fault against 96
unauthorized out-of-state drivers involved in motor 97
vehicle accidents; providing an exception; providing 98
for the rebuttal of the presumption upon the showing 99
of clear and convincing evidence; requiring the Office 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of Insurance Regulation to determine whether the 101
presumption is rebutted within a specified timeframe; 102
requiring law enforcement officers to note the 103
presence of a presumption on a crash report form and 104
notify the Department of Highway Safety and Motor 105
Vehicles within a specified timeframe; requiring 106
insurers to apply the presumption when processing 107
claims, unless the presumption has been rebutted; 108
prohibiting insurers from paying or settling claims 109
with unauthorized out-of-state drivers; requiring 110
insurers to notify the Office of Insurance Regulation 111
within a specified timeframe under certain 112
circumstances; providing administrative penalties; 113
authorizing a private cause of action under certain 114
circumstances; providing for attorney fees and costs; 115
requiring the Department of Highway Safety and Motor 116
Vehicles and the Office of Insurance Regulation to 117
adopt certain rules; providing applicability and 118
construction; creating s. 655.98, F.S.; prohibiting a 119
state-chartered financial institution from accepting 120
certain forms of personal identification; requiring 121
the Office of Financial Regulation to adopt certain 122
rules; providing a directive to the Division of Law 123
Revision; providing an effective date. 124
125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 126
127
Section 1. Section 17.72, Florida Statutes, is created to 128
read: 129
17.72 Prohibition on licensing and certification of 130
unauthorized aliens.— 131
(1) The department may not issue a license or 132
certification to any person who is an unauthorized alien as 133
defined in s. 908.111(1). 134
(2) The department shall adopt rules to establish criteria 135
for verifying compliance with subsection (1) before issuing any 136
license or certificate. 137
Section 2. Paragraph (c) of subsection (5) of section 138
125.0167, Florida Statutes, is amended to read: 139
125.0167 Discretionary surtax on documents; adoption; 140
application of revenue.— 141
(5) 142
(c) A county may not impose any requirement as a condition 143
to receiving any financial assistance on a borrower other than 144
requiring proof that the borrower is lawfully present in the 145
United States and that the borrower's income does not exceed 140 146
percent of the area median income. In addition to the income 147
eligibility requirement, borrowers may only be subject to loan 148
qualifications of lenders licensed to provide mortgage financing 149
as to the amount of the loan. A county may not create 150
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requirements that restrict participation by eligible borrowers. 151
Section 3. Section 284.52, Florida Statutes, is created to 152
read: 153
284.52 Denial of claims.— 154
(1) As used in this section, the term: 155
(a) "Adult" has the same meaning as in s. 847.001. 156
(b) "Minor" has the same meaning as in s. 847.001. 157
(c) "Unauthorized alien" has the same meaning as in s. 158
908.111(1). 159
(2) The Division of Risk Management may approve or deny 160
claims relating to an unauthorized alien who is a minor; 161
however, the division may not approve a claim submitted by an 162
unauthorized alien who is an adult or by a person who fails to 163
provide lawful documentation of his or her lawful presence in 164
the United States to the division as required by state and 165
federal law. 166
Section 4. Subsection (5) of section 322.53, Florida 167
Statutes, is renumbered as subsection (6), and a new subsection 168
(5) is added to that section, to read: 169
322.53 License required; exemptions.— 170
(5) All licensing procedures, prelicensing instruction, 171
and licensing testing under this chapter must be conducted in 172
English. The use of interpreters, translators, translations, or 173
alternate language accommodations are prohibited. 174
Section 5. Section 420.56, Florida Statutes, is created to 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
read: 176
420.56 Down payment assistance for unauthorized aliens 177
prohibited.— 178
(1) As used in this section, the term: 179
(a) "Down payment assistance" includes, but is not limited 180
to, grants to assist a person in the purchase of a residential 181
property which takes the form of a loan or a silent second 182
mortgage. 183
(b) "Unauthorized alien" has the same meaning as in s. 184
908.111(1). 185
(2) State and local governmental entities, the 186
corporation, and private corporations, including nonprofit 187
organizations incorporated under chapter 617, participating in 188
down payment assistance programs or silent second mortgage 189
programs may not use state or local government funds to provide 190
any form of down payment assistance to a person who is an 191
unauthorized alien. 192
(3) If a person is discovered to have been an unauthorized 193
alien at the time he or she received down payment assistance 194
funded entirely or in part by state or local government funds 195
from a state or local governmental entity, the corporation, or a 196
private corporation, the unauthorized alien must immediately 197
repay the down payment assistance to the appropriate entity or 198
corporation. If the unauthorized alien does not repay the down 199
payment assistance, the state or local governmental entity, the 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
corporation, or the private corporation must initiate 201
foreclosure proceedings under chapter 702 against the 202
unauthorized alien. 203
Section 6. Section 420.5088, Florida Statutes, is amended 204
to read: 205
420.5088 Florida Homeownership Assistance Program.—There 206
is created The Florida Homeownership Assistance Program is 207
created for the purpose of assisting low-income and moderate-208
income persons who are lawfully present in the United States in 209
purchasing a home as their primary residence by reducing the 210
cost of the home with below-market construction financing, by 211
reducing the amount of down payment and closing costs paid by 212
the borrower to a maximum of 5 percent of the purchase price, or 213
by reducing the monthly payment to an affordable amount for the 214
borrower purchaser. Loans must shall be made available at an 215
interest rate that does not exceed 3 percent. The balance of any 216
loan is due at closing if the property is sold, refinanced, 217
rented, or transferred, unless otherwise approved by the 218
corporation. 219
(1) For loans made available pursuant to s. 220
420.507(23)(a)1. or 2.: 221
(a) The corporation may underwrite and make those mortgage 222
loans through the program to persons or families who are 223
lawfully present in the United States and have incomes that do 224
not exceed 120 percent of the state or local median income, 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
whichever is greater, adjusted for family size. 226
(b) Loans must shall be made available for the term of the 227
first mortgage. 228
(c) Loans may not exceed the lesser of 35 percent of the 229
purchase price of the home or the amount necessary to enable the 230
borrower purchaser to meet credit underwriting criteria. 231
(2) For loans made pursuant to s. 420.507(23)(a)3.: 232
(a) Availability is limited to nonprofit sponsors or 233
developers who are selected for program participation pursuant 234
to this subsection. 235
(b) Preference must be given to community-based 236
organizations as defined in s. 420.503. 237
(c) Priority must be given to projects that have received 238
state assistance in funding project predevelopment costs. 239
(d) The benefits of making such loans must shall be 240
contractually provided to the persons or families purchasing 241
homes financed under this subsection. 242
(e) At least 30 percent of the units in a project financed 243
pursuant to this subsection must be sold to persons or families 244
who are lawfully present in the United States and who have 245
incomes that do not exceed 80 percent of the state or local 246
median income, whichever amount is greater, adjusted for family 247
size; and at least another 30 percent of the units in a project 248
financed pursuant to this subsection must be sold to persons or 249
families who are lawfully present in the United States and who 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
have incomes that do not exceed 65 percent of the state or local 251
median income, whichever amount is greater, adjusted for family 252
size. 253
(f) The maximum loan amount may not exceed 33 percent of 254
the total project cost. 255
(g) A person who is lawfully present in the United States 256
and purchases a home in a project financed under this subsection 257
is eligible for a loan authorized by s. 420.507(23)(a)1. or 2. 258
in an aggregate amount not exceeding the construction loan made 259
pursuant to this subsection. The home purchaser must meet all 260
the requirements for loan recipients established pursuant to the 261
applicable loan program. 262
(h) The corporation shall provide, by rule, for the 263
establishment of a review committee composed of corporation 264
staff and shall establish, by rule, a scoring system for 265
evaluating and ranking applications submitted for construction 266
loans under this subsection, including, but not limited to, the 267
following criteria: 268
1. The affordability of the housing proposed to be built. 269
2. The direct benefits of the assistance to the persons 270
who will reside in the proposed housing. 271
3. The demonstrated capacity of the applicant to carry out 272
the proposal, including the experience of the development team. 273
4. The economic feasibility of the proposal. 274
5. The extent to which the applicant demonstrates 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
potential cost savings by combining the benefits of different 276
governmental programs and private initiatives, including the 277
local government contributions and local government 278
comprehensive planning and activities that promote affordable 279
housing. 280
6. The use of the least amount of program loan funds 281
compared to overall project cost. 282
7. The provision of homeownership counseling. 283
8. The applicant's agreement to exceed the requirements of 284
paragraph (e). 285
9. The commitment of first mortgage financing for the 286
balance of the construction loan and for the permanent loans to 287
the purchasers of the housing. 288
10. The applicant's ability to proceed with construction. 289
11. The targeting objectives of the corporation which will 290
ensure an equitable distribution of loans between rural and 291
urban areas. 292
12. The extent to which the proposal will further the 293
purposes of this program. 294
(i) The corporation may reject any and all applications. 295
(j) The review committee established by corporation rule 296
pursuant to this subsection shall make recommendations to the 297
corporation board regarding program participation under this 298
subsection. The corporation board shall make the final ranking 299
for participation based on the scores received in the ranking, 300
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further review of the applications, and the recommendations of 301
the review committee. The corporation board shall approve or 302
reject applicants for loans and shall determine the tentative 303
loan amount available to each program participant. The final 304
loan amount shall be determined pursuant to rule adopted under 305
s. 420.507(23)(h). 306
(3) The corporation shall publish a notice of fund 307
availability in a publication of general circulation throughout 308
this the state at least 60 days before prior to the anticipated 309
availability of funds. 310
(4) There is authorized to be established by The 311
corporation may establish with a qualified public depository 312
meeting the requirements of chapter 280 the Florida 313
Homeownership Assistance Fund to be administered by the 314
corporation according to the provisions of this program. Any 315
amounts held in the Florida Homeownership Assistance Trust Fund 316
for such purposes as of January 1, 1998, must be transferred to 317
the corporation for deposit in the Florida Homeownership 318
Assistance Fund, whereupon the Florida Homeownership Assistance 319
Trust Fund must be closed. There shall be deposited in the fund 320
moneys from the State Housing Trust Fund created by s. 420.0005, 321
or moneys received from any other source, for the purpose of 322
this program and all proceeds derived from the use of such 323
moneys. In addition, all unencumbered funds, loan repayments, 324
proceeds from the sale of any property, and any other proceeds 325
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that would otherwise accrue pursuant to the activities of the 326
programs described in this section shall be transferred to this 327
fund. In addition, all loan repayments, proceeds from the sale 328
of any property, and any other proceeds that would otherwise 329
accrue pursuant to the activities conducted under the provisions 330
of the Florida Homeownership Assistance Program shall be 331
deposited in the fund and may shall not revert to the General 332
Revenue Fund. Expenditures from the Florida Homeownership 333
Assistance Fund are shall not be required to be included in the 334
corporation's budget request or be subject to appropriation by 335
the Legislature. 336
(5) No more than one-fifth of the funds available in the 337
Florida Homeownership Assistance Fund may be made available to 338
provide loan loss insurance reserve funds to facilitate 339
homeownership for eligible persons. 340
Section 7. Subsections (2) and (3) of section 420.5096, 341
Florida Statutes, are amended to read: 342
420.5096 Florida Hometown Hero Program.— 343
(2) The Florida Hometown Hero Program is created to assist 344
Florida's hometown workforce in attaining homeownership by 345
providing financial assistance to residents to purchase a home 346
as their primary residence. Under the program, a borrower who is 347
lawfully present in the United States may apply to the 348
corporation for a loan to reduce the amount of the down payment 349
and closing costs paid by the borrower by a minimum of $10,000 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and up to 5 percent of the first mortgage loan, not exceeding 351
$35,000. Loans must be made available at a zero percent interest 352
rate and must be made available for the term of the first 353
mortgage. The balance of any loan is due at closing if the 354
property is sold, refinanced, rented, or transferred, unless 355
otherwise approved by the corporation. 356
(3) For loans made available pursuant to s. 357
420.507(23)(a)1. or 2., the corporation may underwrite and make 358
those mortgage loans through the program to persons or families 359
who are lawfully present in the United States and who have 360
household incomes that do not exceed 150 percent of the state 361
median income or local median income, whichever is greater. A 362
borrower must be seeking to purchase a home as a primary 363
residence; must be a first-time homebuyer, and a Florida 364
resident, and lawfully present in the United States; and must be 365
employed full-time by a Florida-based employer. The borrower 366
must provide documentation of full-time employment or full-time 367
status for self-employed individuals. The requirement to be a 368
first-time homebuyer does not apply to a borrower who is an 369
active duty servicemember of a branch of the armed forces or the 370
Florida National Guard, as defined in s. 250.01, or a veteran. 371
Section 8. Subsection (18) of section 440.02, Florida 372
Statutes, is amended to read: 373
440.02 Definitions.—When used in this chapter, unless the 374
context clearly requires otherwise, the following terms shall 375
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have the following meanings: 376
(18)(a) "Employee" means any person who receives 377
remuneration from an employer for the performance of any work or 378
service while engaged in any employment under any appointment or 379
contract for hire or apprenticeship, express or implied, oral or 380
written, whether lawfully or unlawfully employed, and includes, 381
but is not limited to, aliens authorized for employment under 382
federal law and lawfully or unlawfully employed minors, 383
including minors who are not lawfully present in the United 384
States. 385
(b) "Employee" includes any person who is an officer of a 386
corporation and who performs services for remuneration for such 387
corporation within this state, whether or not such services are 388
continuous. 389
1. Any officer of a corporation may elect to be exempt 390
from this chapter by filing notice of the election with the 391
department as provided in s. 440.05. 392
2. As to officers of a corporation who are engaged in the 393
construction industry, no more than three officers of a 394
corporation or of any group of affiliated corporations may elect 395
to be exempt from this chapter by filing a notice of the 396
election with the department as provided in s. 440.05. Officers 397
must be shareholders, each owning at least 10 percent of the 398
stock of such corporation and listed as an officer of such 399
corporation with the Division of Corporations of the Department 400
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of State, in order to elect exemptions under this chapter. For 401
purposes of this subparagraph, the term "affiliated" means and 402
includes one or more corporations or entities, any one of which 403
is a corporation engaged in the construction industry, under the 404
same or substantially the same control of a group of business 405
entities which are connected or associated so that one entity 406
controls or has the power to control each of the other business 407
entities. The term "affiliated" includes, but is not limited to, 408
the officers, directors, executives, shareholders active in 409
management, employees, and agents of the affiliated corporation. 410
The ownership by one business entity of a controlling interest 411
in another business entity or a pooling of equipment or income 412
among business entities shall be prima facie evidence that one 413
business is affiliated with the other. 414
3. An officer of a corporation who elects to be exempt 415
from this chapter by filing a notice of the election with the 416
department as provided in s. 440.05 is not an employee. 417
418
Services are presumed to have been rendered to the corporation 419
if the officer is compensated by other than dividends upon 420
shares of stock of the corporation which the officer owns. 421
(c) "Employee" includes: 422
1. A sole proprietor or a partner who is not engaged in 423
the construction industry, devotes full time to the 424
proprietorship or partnership, and elects to be included in the 425
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definition of employee by filing notice thereof as provided in 426
s. 440.05. 427
2. All persons who are being paid by a construction 428
contractor as a subcontractor, unless the subcontractor has 429
validly elected an exemption as permitted by this chapter, or 430
has otherwise secured the payment of compensation coverage as a 431
subcontractor, consistent with s. 440.10, for work performed by 432
or as a subcontractor. 433
3. An independent contractor working or performing 434
services in the construction industry. 435
4. A sole proprietor who engages in the construction 436
industry and a partner or partnership that is engaged in the 437
construction industry. 438
(d) "Employee" does not include: 439
1. An independent contractor who is not engaged in the 440
construction industry. 441
a. In order to meet the definition of independent 442
contractor, at least four of the following criteria must be met: 443
(I) The independent contractor maintains a separate 444
business with his or her own work facility, truck, equipment, 445
materials, or similar accommodations; 446
(II) The independent contractor holds or has applied for a 447
federal employer identification number, unless the independent 448
contractor is a sole proprietor who is not required to obtain a 449
federal employer identification number under state or federal 450
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regulations; 451
(III) The independent contractor receives compensation for 452
services rendered or work performed and such compensation is 453
paid to a business rather than to an individual; 454
(IV) The independent contractor holds one or more bank 455
accounts in the name of the business entity for purposes of 456
paying business expenses or other expenses related to services 457
rendered or work performed for compensation; 458
(V) The independent contractor performs work or is able to 459
perform work for any entity in addition to or besides the 460
employer at his or her own election without the necessity of 461
completing an employment application or process; or 462
(VI) The independent contractor receives compensation for 463
work or services rendered on a competitive-bid basis or 464
completion of a task or a set of tasks as defined by a 465
contractual agreement, unless such contractual agreement 466
expressly states that an employment relationship exists. 467
b. If four of the criteria listed in sub-subparagraph a. 468
do not exist, an individual may still be presumed to be an 469
independent contractor and not an employee based on full 470
consideration of the nature of the individual situation with 471
regard to satisfying any of the following conditions: 472
(I) The independent contractor performs or agrees to 473
perform specific services or work for a specific amount of money 474
and controls the means of performing the services or work. 475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(II) The independent contractor incurs the principal 476
expenses related to the service or work that he or she performs 477
or agrees to perform. 478
(III) The independent contractor is responsible for the 479
satisfactory completion of the work or services that he or she 480
performs or agrees to perform. 481
(IV) The independent contractor receives compensation for 482
work or services performed for a commission or on a per-job 483
basis and not on any other basis. 484
(V) The independent contractor may realize a profit or 485
suffer a loss in connection with performing work or services. 486
(VI) The independent contractor has continuing or 487
recurring business liabilities or obligations. 488
(VII) The success or failure of the independent 489
contractor's business depends on the relationship of business 490
receipts to expenditures. 491
c. Notwithstanding anything to the contrary in this 492
subparagraph, an individual claiming to be an independent 493
contractor has the burden of proving that he or she is an 494
independent contractor for purposes of this chapter. 495
2. A real estate licensee, if that person agrees, in 496
writing, to perform for remuneration solely by way of 497
commission. 498
3. Bands, orchestras, and musical and theatrical 499
performers, including disk jockeys, performing in licensed 500
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premises as defined in chapter 562, if a written contract 501
evidencing an independent contractor relationship is entered 502
into before the commencement of such entertainment. 503
4. An owner-operator of a motor vehicle who transports 504
property under a written contract with a motor carrier which 505
evidences a relationship by which the owner-operator assumes the 506
responsibility of an employer for the performance of the 507
contract, if the owner-operator is required to furnish motor 508
vehicle equipment as identified in the written contract and the 509
principal costs incidental to the performance of the contract, 510
including, but not limited to, fuel and repairs, provided a 511
motor carrier's advance of costs to the owner-operator when a 512
written contract evidences the owner-operator's obligation to 513
reimburse such advance shall be treated as the owner-operator 514
furnishing such cost and the owner-operator is not paid by the 515
hour or on some other time-measured basis. 516
5. A person whose employment is both casual and not in the 517
course of the trade, business, profession, or occupation of the 518
employer. 519
6. A volunteer, except a volunteer worker for the state or 520
a county, municipality, or other governmental entity. A person 521
who does not receive monetary remuneration for services is 522
presumed to be a volunteer unless there is substantial evidence 523
that a valuable consideration was intended by both employer and 524
employee. For purposes of this chapter, the term "volunteer" 525
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includes, but is not limited to: 526
a. Persons who serve in private nonprofit agencies and who 527
receive no compensation other than expenses in an amount less 528
than or equivalent to the standard mileage and per diem expenses 529
provided to salaried employees in the same agency or, if such 530
agency does not have salaried employees who receive mileage and 531
per diem, then such volunteers who receive no compensation other 532
than expenses in an amount less than or equivalent to the 533
customary mileage and per diem paid to salaried workers in the 534
community as determined by the department; and 535
b. Volunteers participating in federal programs 536
established under Pub. L. No. 93-113. 537
7. Unless otherwise prohibited by this chapter, any 538
officer of a corporation who elects to be exempt from this 539
chapter. Such officer is not an employee for any reason under 540
this chapter until the notice of revocation of election filed 541
pursuant to s. 440.05 is effective. 542
8. An officer of a corporation that is engaged in the 543
construction industry who elects to be exempt from the 544
provisions of this chapter, as otherwise permitted by this 545
chapter. Such officer is not an employee for any reason until 546
the notice of revocation of election filed pursuant to s. 440.05 547
is effective. 548
9. An exercise rider who does not work for a single horse 549
farm or breeder, and who is compensated for riding on a case-by-550
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case basis, provided a written contract is entered into prior to 551
the commencement of such activity which evidences that an 552
employee/employer relationship does not exist. 553
10. A taxicab, limousine, or other passenger vehicle-for-554
hire driver who operates said vehicles pursuant to a written 555
agreement with a company which provides any dispatch, marketing, 556
insurance, communications, or other services under which the 557
driver and any fees or charges paid by the driver to the company 558
for such services are not conditioned upon, or expressed as a 559
proportion of, fare revenues. 560
11. A person who performs services as a sports official 561
for an entity sponsoring an interscholastic sports event or for 562
a public entity or private, nonprofit organization that sponsors 563
an amateur sports event. For purposes of this subparagraph, such 564
a person is an independent contractor. For purposes of this 565
subparagraph, the term "sports official" means any person who is 566
a neutral participant in a sports event, including, but not 567
limited to, umpires, referees, judges, linespersons, 568
scorekeepers, or timekeepers. This subparagraph does not apply 569
to any person employed by a district school board who serves as 570
a sports official as required by the employing school board or 571
who serves as a sports official as part of his or her 572
responsibilities during normal school hours. 573
12. Medicaid-enrolled clients under chapter 393 who are 574
excluded from the definition of employment under s. 575
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443.1216(4)(d) and served by Adult Day Training Services under 576
the Home and Community-Based or the Family and Supported Living 577
Medicaid Waiver program in a sheltered workshop setting licensed 578
by the United States Department of Labor for the purpose of 579
training and earning less than the federal hourly minimum wage. 580
13. Medicaid-enrolled clients under chapter 393 who are 581
excluded from the definition of employment under s. 582
443.1216(4)(d) and served by Adult Day Training Services under 583
the Family and Supported Living Medicaid Waiver program in a 584
sheltered workshop setting licensed by the United States 585
Department of Labor for the purpose of training and earning less 586
than the federal hourly minimum wage. 587
14. An adult who is an unauthorized alien as defined in s. 588
908.111(1). 589
Section 9. Subsection (2) of section 440.10, Florida 590
Statutes, is amended to read: 591
440.10 Liability for compensation.— 592
(2) Compensation shall be payable irrespective of fault as 593
a cause for the injury, except as provided in ss. 440.09(3) and 594
440.1001 s. 440.09(3). 595
Section 10. Section 440.1001, Florida Statutes, is created 596
to read: 597
440.1001 Employer liability for injuries to unauthorized 598
aliens.— 599
(1) As used in this section, the term "unauthorized alien" 600
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has the same meaning as in s. 908.111(1). 601
(2) An employer who hires or employs an adult who is not 602
authorized to work in the United States under federal law is 603
personally and fully liable for all medical and treatment costs, 604
disability benefits, and death benefits compensable under this 605
chapter resulting from an injury sustained by the unauthorized 606
alien during his or her employment. 607
(3) An employer remains financially responsible and must 608
reimburse a carrier for medical and treatment costs, disability 609
benefits, and death benefits compensable under this chapter 610
resulting from an injury. 611
(4) A dispute arising out of this chapter between an 612
employer and an adult who is an unauthorized alien must be 613
adjudicated by a judge of compensation claims. Judicial review 614
of an order issued by such judge must be sought under s. 615
440.271. 616
(5) An employer who violates this section is subject to 617
the following penalties: 618
(a) A fine not to exceed $50,000 per violation. Fines 619
collected under this paragraph must be deposited into the 620
Workers' Compensation Administration Trust Fund. 621
(b) Reimbursement of any public funds expended to provide 622
medical care to the unauthorized alien. 623
(c) Revocation of the employer's business license, 624
registration, or certification issued by the appropriate 625
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licensing authority. 626
(6) The department shall transfer reported violations of 627
this section to the appropriate licensing authority for 628
enforcement. 629
Section 11. Section 440.1002, Florida Statutes, is created 630
to read: 631
440.1002 Employment eligibility for purposes of workers' 632
compensation eligibility.— 633
(1) As used in this section, the term "E-Verify system" 634
has the same meaning as in s. 448.095(1). 635
(2) Before an employer may submit a claim for workers' 636
compensation benefits for an employee, the employer must first 637
verify the employee's employment eligibility through the E-638
Verify system. 639
(3) If an employer fails to check an employee's employment 640
eligibility through the E-Verify system before submitting a 641
claim for workers' compensation benefits, the employer is: 642
(a) Financially responsible for reimbursement of all 643
indemnity or medical coverage from the employer's workers 644
compensation carrier for injuries sustained by that employee. 645
(b) Personally liable for all costs, expenses, and 646
benefits that would have otherwise been covered under this 647
chapter. 648
(4) An employer must retain for 5 years a copy of the 649
documentation provided and any verification generated, if 650
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applicable, by the E-Verify system for each employee. The 651
employer must provide such documentation or verification to the 652
department or carrier upon request. 653
(5) This section may not be construed to bestow any 654
employment rights or legal status on an employee who is verified 655
through the E-Verify system. 656
(6) The department may adopt rules to implement and 657
enforce this section. 658
Section 12. Section 448.09, Florida Statutes, is amended 659
to read: 660
448.09 Unauthorized aliens; employment prohibited.— 661
(1) As used in this section, the term "license" has the 662
same meaning as in s. 120.52. 663
(2)(1) It is unlawful for any person to knowingly employ, 664
hire, recruit, or refer, either for herself or himself or on 665
behalf of another, for private or public employment within this 666
state, an alien who is not duly authorized to work by the 667
immigration laws of the United States, the Attorney General of 668
the United States, or the United States Secretary of the 669
Department of Homeland Security. 670
(3)(2) If the Department of Commerce finds or is notified 671
by an entity specified in s. 448.095(3)(a) that an employer has 672
knowingly employed an unauthorized alien without verifying the 673
employment eligibility of such person, the department must enter 674
an order pursuant to chapter 120 making such determination and 675
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require repayment of any economic development incentive pursuant 676
to s. 288.061(6). 677
(4)(3) For an employer who knowingly violates a violation 678
of this section, the department shall impose a fine not to 679
exceed $10,000 and notify any licensing agency under chapter 120 680
which issued a license to such employer. Upon receiving 681
notification under this subsection, the licensing agency must 682
suspend for 1 year any licenses held by the employer which were 683
issued by such licensing agency. Fines collected under this 684
subsection must be deposited into the State Economic Enhancement 685
and Development Trust Fund. 686
(5) For an employer who knowingly violates this section a 687
second time, the department shall impose a fine not to exceed 688
$100,000 and notify any licensing agency under chapter 120 which 689
issued a license to such employer. Upon receiving notification 690
under this subsection, the licensing agency must suspend for 5 691
years any licenses held by the employer which were issued by 692
such licensing agency. Fines collected under this subsection 693
must be deposited into the State Economic Enhancement and 694
Development Trust Fund. 695
(6) For an employer who knowingly violates this section a 696
third time, the department shall impose a fine not to exceed 697
$250,000 and notify any licensing agency under chapter 120 which 698
issued a license to such employer. Upon receiving notification 699
under this subsection, the licensing agency must permanently 700
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revoke any licenses held by the employer personally, as well as 701
any licenses held by the entity, if the employer is a 702
corporation, which were issued by such licensing agency. Fines 703
collected under this subsection must be deposited into the State 704
Economic Enhancement and Development Trust Fund. 705
(7)(a) For an employer who knowingly violates this section 706
and the actions of an unauthorized alien employee result in 707
injuries to another person, the department shall, at a minimum, 708
impose a fine of at least $100,000 and notify any licensing 709
agency under chapter 120 which issued a license to such 710
employer. Upon receiving notification under this paragraph, the 711
licensing agency must suspend for 5 years any licenses held by 712
the employer which were issued by such licensing agency. 713
(b) For an employer who knowingly violates this section 714
and the actions of an unauthorized alien employee result in the 715
death of another person, the department shall impose a fine not 716
to exceed $500,000 and notify any licensing agency under chapter 717
120 which issued a license to such employer. Upon receiving 718
notification under this paragraph, the licensing agency must 719
permanently revoke any licenses held by the employer which were 720
issued by such licensing agency. 721
(c) Fines collected under this subsection must be 722
deposited into the State Economic Enhancement and Development 723
Trust Fund. 724
(d) There is created a civil cause of action against an 725
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employer who violates this section and such violation results in 726
injuries to or the death of another person. 727
(8) Any person, including an owner, officer, agent, or 728
employee of an employer, who knowingly hires more than 50 729
unauthorized aliens commits a felony of the third degree, 730
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 731
and the department shall notify any licensing agency under 732
chapter 120 which issued a license to such employer. Upon 733
receiving notification under this subsection, the licensing 734
agency must permanently revoke any licenses held by the employer 735
which were issued by such licensing agency. 736
(9) A person who is injured or the next of kin, as defined 737
in s. 744.102, of a person who is killed by the actions of an 738
unauthorized alien employee may bring a cause of action under 739
subsection (7) against the employer for damages for bodily 740
injury or death place the employer on probation for a 1-year 741
period and require that the employer report quarterly to the 742
department to demonstrate compliance with the requirements of 743
subsection (1) and s. 448.095. 744
(4) Any violation of this section which takes place within 745
24 months after a previous violation constitutes grounds for the 746
suspension or revocation of all licenses issued by a licensing 747
agency subject to chapter 120. The department shall take the 748
following actions for a violation involving: 749
(a) One to ten unauthorized aliens, suspension of all 750
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applicable licenses held by a private employer for up to 30 days 751
by the respective agencies that issued them. 752
(b) Eleven to fifty unauthorized aliens, suspension of all 753
applicable licenses held by a private employer for up to 60 days 754
by the respective agencies that issued them. 755
(c) More than fifty unauthorized aliens, revocation of all 756
applicable licenses held by a private employer by the respective 757
agencies that issued them. 758
(10)(5) An alien who is not duly authorized to work by the 759
immigration laws of the United States, the Attorney General of 760
the United States, or the United States Secretary of the 761
Department of Homeland Security and who knowingly uses a false 762
identification document or who fraudulently uses an 763
identification document of another person for the purpose of 764
obtaining employment commits a felony of the third degree, 765
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 766
Section 13. Paragraph (a) of subsection (3), paragraph (c) 767
of subsection (5), and paragraph (b) of subsection (6) of 768
section 448.095, Florida Statutes, are amended to read: 769
448.095 Employment eligibility.— 770
(3) ENFORCEMENT.— 771
(a) For the purpose of enforcement of this section, any of 772
the following persons or entities may request, and an employer 773
must provide, copies of any documentation relied upon by the 774
employer for the verification of a new employee's employment 775
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eligibility: 776
1. The Department of Law Enforcement; 777
2. The Attorney General; 778
3. The state attorney in the circuit in which the new 779
employee works; 780
4. The statewide prosecutor; 781
5. The Department of Financial Services; or 782
6.5. The Department of Commerce. 783
(5) PUBLIC AGENCY CONTRACTING.— 784
(c)1. A public agency, contractor, or subcontractor who 785
has a good faith belief that a person or an entity with which it 786
is contracting has knowingly violated s. 448.09(2) s. 448.09(1) 787
shall terminate the contract with the person or entity. 788
2. A public agency that has a good faith belief that a 789
subcontractor knowingly violated this subsection, but the 790
contractor otherwise complied with this subsection, shall 791
promptly notify the contractor and order the contractor to 792
immediately terminate the contract with the subcontractor. 793
3. A contract terminated under this paragraph is not a 794
breach of contract and may not be considered as such. If a 795
public agency terminates a contract with a contractor under this 796
paragraph, the contractor may not be awarded a public contract 797
for at least 1 year after the date on which the contract was 798
terminated. A contractor is liable for any additional costs 799
incurred by a public agency as a result of the termination of a 800
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contract. 801
(6) COMPLIANCE.— 802
(b) If the Department of Commerce determines that an 803
employer failed to use the E-Verify system as required under 804
this section three times in any 24-month period, the department 805
must impose a fine of $1,000 per day until the employer provides 806
sufficient proof to the department that the noncompliance is 807
cured. Noncompliance constitutes grounds for the suspension of 808
all licenses issued by a licensing agency subject to chapter 120 809
until the noncompliance is cured. As used in this paragraph, the 810
term "license" has the same meaning as in s. 120.52. 811
Section 14. Subsection (7) is added to section 560.208, 812
Florida Statutes, to read: 813
560.208 Conduct of business.—In addition to the 814
requirements specified in s. 560.1401, a licensee under this 815
part: 816
(7) May not initiate a foreign remittance transfer unless 817
the licensee has verified that the sender is not an unauthorized 818
alien as defined in s. 908.111(1). 819
(a) As used in this subsection, the term "foreign 820
remittance transfer" means a remittance transfer as defined in 821
the Electronic Fund Transfer Act, 15 U.S.C. s. 1693o-1, as 822
amended, the recipient of which is located in any country other 823
than the United States. 824
(b) The commission shall adopt rules relating to 825
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acceptable forms of documentation that a licensee must use to 826
verify that the sender of a foreign remittance transfer is not 827
an unauthorized alien. The licensee must provide confirmation of 828
verification on forms the commission prescribes. All required 829
forms must be submitted to the office by the 15th of the month 830
after the close of each calendar quarter. 831
(c) A licensee who initiates a foreign remittance transfer 832
in violation of this subsection, must pay a penalty equal to 25 833
percent of the United States dollar amount transferred, 834
excluding any fees or charges imposed by the licensee. A 835
licensee must remit to the office the amount of any penalty 836
owed, along with any forms prescribed by the office, by the 15th 837
of the month after the close of each calendar quarter. 838
Notwithstanding ss. 252.3711 and 560.144, the office must 839
deposit in the Regulatory Trust Fund the penalties collected 840
under this paragraph. Notwithstanding any other provision of 841
law, the penalty imposed in this paragraph is the only remedy 842
for a violation of this subsection and a licensee may not be 843
subject to any other penalty. 844
Section 15. Paragraphs (i) and (j) of subsection (1) of 845
section 560.211, Florida Statutes, are redesignated as 846
paragraphs (j) and (k), respectively, and a new paragraph (i) is 847
added to that subsection, to read: 848
560.211 Required records.— 849
(1) In addition to the record retention requirements under 850
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s. 560.1105, each licensee under this part must make, keep, and 851
preserve the following books, accounts, records, and documents 852
for 5 years: 853
(i) The documentation used to verify that the sender of a 854
foreign remittance transfer, as defined in s. 560.208(7)(a), is 855
not an unauthorized alien, as defined in s. 908.111(1), and the 856
penalties paid to the office pursuant to s. 560.208(7)(c), 857
including the date and amount of each foreign remittance 858
transfer and the name, date of birth, and address of each 859
sender. 860
Section 16. Section 560.2115, Florida Statutes, is created 861
to read: 862
560.2115 Required records audit.— 863
(1) As used in this section, the term: 864
(a) "Foreign remittance transfer" has the same meaning as 865
in s. 560.208(7)(a). 866
(b) "Unauthorized alien" has the same meaning as in s. 867
908.111(1). 868
(2) For enforcement purposes, the office may at any time 869
request, and the licensee must provide, records of documentation 870
used to verify that the sender of a foreign remittance transfer 871
is not an unauthorized alien. 872
(3)(a) A person who has a good faith belief that a 873
licensee is failing to comply with s. 560.208(7) may file a 874
complaint with the office. 875
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(b) Upon receipt of a valid complaint of a violation of s. 876
560.208(7), which is substantiated by evidence, the office must 877
notify the licensee of the complaint and the substantiated 878
evidence and the licensee must pay the penalty under s. 879
560.208(7)(c). 880
(4) Beginning July 1, 2026, the office must conduct random 881
quarterly audits of licensees to ensure compliance with s. 882
560.208(7). During an audit, the licensee must produce to the 883
office records of documentation the licensee used to verify that 884
each sender of a foreign remittance transfer is not an 885
unauthorized alien. 886
(5) Failure to comply with subsections (1)-(4) constitutes 887
grounds for the suspension of all licenses held by the licensee 888
which were issued by the office. 889
Section 17. Subsection (2) of section 560.310, Florida 890
Statutes, is amended to read: 891
560.310 Records of check cashers and foreign currency 892
exchangers.— 893
(2) If the payment instrument is exceeds $1,000 or more, 894
the following additional information must be maintained or 895
submitted: 896
(a) Customer files, as prescribed by rule, on all 897
customers who cash corporate payment instruments that are exceed 898
$1,000 or more. 899
(b) A copy of the personal identification that bears a 900
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photograph of the customer used as identification and presented 901
by the customer. Acceptable personal identification is limited 902
to a valid driver license; a state identification card issued by 903
any state of the United States or its territories or the 904
District of Columbia, and showing a photograph and signature; a 905
United States Government Resident Alien Identification Card; a 906
passport; or a United States Military identification card. The 907
following may not be used as a form of personal identification: 908
1. A license or identification card issued exclusively to 909
an unauthorized alien or undocumented immigrant. 910
2. A license or identification card that is substantially 911
the same as a license or identification card issued to a United 912
States citizen or resident or others lawfully present in the 913
United States but which has markings establishing that the 914
license holder did not present proof of his or her lawful 915
presence in the United States. 916
(c) A thumbprint of the customer taken by the licensee 917
when the payment instrument is presented for negotiation or 918
payment. 919
(d) The office shall, at a minimum, require licensees to 920
submit the following information to the check cashing database 921
or electronic log, before entering into each check cashing 922
transaction for each payment instrument being cashed, in such 923
format as required by rule: 924
1. Transaction date. 925
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2. Payor name as displayed on the payment instrument. 926
3. Payee name as displayed on the payment instrument. 927
4. Conductor name, if different from the payee name. 928
5. Amount of the payment instrument. 929
6. Amount of currency provided. 930
7. Type of payment instrument, which may include personal, 931
payroll, government, corporate, third-party, or another type of 932
instrument. 933
8. Amount of the fee charged for cashing of the payment 934
instrument. 935
9. Branch or location where the payment instrument was 936
accepted. 937
10. The type of identification and identification number 938
presented by the payee or conductor. 939
11. Payee's workers' compensation insurance policy number 940
or exemption certificate number, if the payee is a business. 941
12. Such additional information as required by rule. 942
943
For purposes of this subsection, multiple payment instruments 944
accepted from any one person on any given day which total $1,000 945
or more must be aggregated and reported in the check cashing 946
database or on the log. 947
Section 18. Section 627.7408, Florida Statutes, is created 948
to read: 949
627.7408 Presumption of fault in motor vehicle accidents 950
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involving unauthorized out-of-state drivers.— 951
(1) As used in this section, the term: 952
(a) "Invalid out-of-state driver license" means a driver 953
license deemed invalid under s. 322.033. 954
(b) "Unauthorized out-of-state driver" means a person 955
operating a vehicle who has an invalid out-of-state driver 956
license. 957
(2) If an unauthorized out-of-state driver is involved in 958
a motor vehicle accident in this state, there is a rebuttable 959
presumption that the unauthorized-out-of-state driver is at 960
fault for the accident for purposes of filing an insurance 961
claim. This presumption applies regardless of the unauthorized 962
out-of-state driver's compliance with other traffic laws at the 963
time of the motor vehicle accident. 964
(3) The presumption under subsection (2) does not apply if 965
the other driver involved in the motor vehicle accident is 966
determined, by clear and convincing evidence, to be at egregious 967
fault because of, but not limited to, reckless driving in 968
violation of s. 316.192, leaving the scene of an accident in 969
violation of s. 316.027, or racing on highways in violation of 970
s. 316.191. 971
(4) The presumption established under subsection (2) may 972
be rebutted by clear and convincing evidence that the 973
unauthorized out-of-state driver was not at fault based on 974
factors such as witness statements, accident reconstruction, or 975
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video evidence directly related to the circumstances of the 976
motor vehicle accident. The office must determine, within 5 977
business days after receipt of the evidence, whether the 978
evidence presented is sufficient to rebut the presumption. 979
(5) Upon investigation of a motor vehicle accident, a law 980
enforcement officer, as defined in s. 943.10(1), must verify 981
whether any person involved in the motor vehicle accident is an 982
unauthorized out-of-state driver or has an invalid out-of-state 983
driver license in violation of s. 322.033. If a driver is 984
determined to be in violation of s. 322.033 and he or she does 985
not qualify for an exemption under subsection (3), the law 986
enforcement officer must note the presumption of fault on the 987
Florida Traffic Crash Report, Long Form or short-form crash 988
report under s. 316.066, as applicable, and notify the 989
Department of Highway Safety and Motor Vehicles within 48 hours 990
after the accident. 991
(6) Insurers licensed under chapter 624 must apply the 992
presumption under this section in processing claims and may not 993
pay benefits to or settle claims with an unauthorized out-of-994
state driver, unless the office has determined the presumption 995
has been rebutted. Insurers must report any suspected 996
noncompliance or rebuttal attempts by the unauthorized out-of-997
state driver to the office within 30 days after the filing of an 998
insurance claim. An insurer that fails to comply with this 999
subsection is subject to administrative penalties under s. 1000
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624.4211. 1001
(7) The Department of Highway Safety and Motor Vehicles 1002
and the office shall adopt rules to implement this section, 1003
including standardized verification forms and procedures for 1004
interagency coordination. 1005
(8)(a) This section applies to all insurance policies 1006
issued or renewed on or after the effective date of this act and 1007
to all motor vehicle accidents occurring on or after the 1008
effective date of this act. 1009
(b) This section may not be construed to interfere with or 1010
limit a law enforcement officer's authority delegated under a 1011
287(g) agreement with United States Immigration and Customs 1012
Enforcement. 1013
Section 19. Section 655.98, Florida Statutes, is created 1014
to read: 1015
655.98 Prohibited forms of identification for state-1016
chartered financial institutions.— 1017
(1) A state-chartered financial institution may not accept 1018
any of the following as a form of identification for the purpose 1019
of opening a deposit account, loan account, safe deposit box, or 1020
to receive any other services from a state-chartered financial 1021
institution: 1022
(a) A license or identification card issued exclusively to 1023
an unauthorized alien or undocumented immigrant. 1024
(b) A license or identification card that is substantially 1025
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the same as a license or identification card issued to a United 1026
States citizen or resident or others lawfully present in the 1027
United States but which has markings establishing that the 1028
license holder did not present proof of his or her lawful 1029
presence in the United States. 1030
(2) The Office of Financial Regulation shall adopt rules 1031
to ensure compliance with, and to enforce, this section. 1032
Section 20. The Division of Law Revision is directed to 1033
replace the phrase "the effective date of this act" wherever it 1034
occurs in this act with the date this act becomes a law. 1035
Section 21. This act shall take effect upon becoming a 1036
law. 1037