employer may have any licenses suspended or revoked issued by a licensing agency ( Lines 317-330 ).
◆ �1-10 unauthorized aliens : suspension of all licenses of employer for up to 30 days ( Line 322 ).
◆ 11-50 unauthorized aliens : suspension of all licenses of employer for up to 60 days ( Line 325 ).
◆ Over 50 unauthorized aliens : revocation of all applicable licenses held by employer ( Line 328 ).
● If an employer fails to use the E-Verify system three times in a twenty-four ( 24 ) month period , DEO must impose a fine of $ 1,000 per day until the employer provides proof of compliance to the department ( Lines 510-517 ).
Human Smuggling
■ If you KNOWINGLY and WILLINGLY transport an individual you know or reasonably should know is not authorized to have entered the United States legally and you transport them into the state ( except as provided in Section 787.07 ( 3 ), ( 4 ), or ( 5 )), you can be charged with the third-degree felony 1 human smuggling charge ( Line 557 ).
● Human smuggling charges can be compounded or heightened by multiple charges or convictions as well as be prosecuted under Florida RICO ( Racketeer Influenced and Corrupt Organization ) Act , which if convicted is a first -degree felony 5 ( Line 657 ).
● A person who knowingly and willingly transports a minor into this state in violation of this law commits a seconddegree felony [ s . 787.07 ( 3 )]. ( Lines 569- 572 )
● A person who commits five or more separate offenses under this statute during a single episode commits a second-degree felony [ s . 787.07 ( 4 )]. ( Lines 573-5576 )
● A person with a prior conviction under this statute who commits a subsequent violation commits a second-degree felony [ s . 787.07 ( 5 )] ( Lines 577-580 )
Criminal Charges for Unauthorized Aliens
An unauthorized alien who is not authorized to work by state or federal immigration laws and agencies and who knowingly uses false or fraudulent documentation of another person for the purpose of getting a job can be charged with a third-degree felony ( Lines 337-344 ).
1 This memo is written for clarification of SB 1718 ( 2023 ) and in no way constitutes legal advice , opinions , attorney client relationship , or confidential communication with NUCA of Florida or any legal professional employed by or contracted with the association . If you have any further questions regarding how this new statute will affect your business or your employees , please engage legal services to advise you and your business .
2 Section 446.036 , F . S ., defines a “ casual labor ” as labor that is occasional , incidental , or irregular , not exceeding 200 personhours in total duration . As used in this subsection , the term “ duration ” means the period of time from the commencement to the completion of the particular job or project .
3 If HB 5 , Economic Programs , is signed by Governor , the Florida Department of Economic Opportunity will be renamed the Florida Department of Commerce on July 1 , 2023 .
4 A third -degree felony is punishable by up to five years imprisonment and up to a $ 5,000 fine . Sections 775.082 , 775.083 , and 775.084 , F . S .
5 A first -degree felony is generally punishable by up to 30 years in state prison and a fine not exceeding $ 10,000 . Sections 775.082 and 775.083 , F . S .
MAY 2023 • DITCHMEN 9