Summary of Immigration Legislation — SB 1718 ( Chapter No . 2023-40 )
By Kari Hebrank , NUCA of Florida EVP / Carlton Fields
Invalid Out-of-State Driver Licenses
Section 3 of the bill invalidates driver licenses issued by another state exclusively to undocumented immigrants who are unable to prove lawful presence in the United States at the time the licenses were issued , and states that the license does not authorize the holder to operate a motor vehicle on public roadways in Florida . ( Lines 187-201 )
The Florida Legislature recently passed , and the Governor approved on May 10 , 2023 , SB 1718 relating to immigration . While SB 1718 amends various statutes regarding illegal immigration or unauthorized aliens in various areas , this memo is written specifically for NUCA of Florida members for general informational purposes and focuses on the areas that would likely affect the building industry . 1 While most sections will become effective July 1 , 2023 , any section with a different effective date will be noted . Additionally , this memo will include line numbers which correspond to SB 1718 line numbers for ease of reference .
Who Does SB 1718 Apply To ?
■ Section 7 of the bill defines “ employee ” to mean only individuals filling a permanent position whom perform labor or services under the control and direction of the employer in exchange for salary , wages or other remuneration . ( Lines 355-365 ).
■ It does not include an individual hired for casual labor in a private residence who is not an employee of the owner of the residence . 2
■ An independent contractor , as defined in federal laws and regulations , hired to perform a specified portion of labor or services is not an employee .
■ “ Unauthorized alien ” means an individual who is not authorized under federal law to be employed in the United States , as described in 8 U . S . C . s . 1324 ( a )( h )( 3 ).
6 DITCHMEN • MAY 2023