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Florida Statute 448.09 - Full Text and Legal Analysis
Florida Statute 448.09 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 448.09 Case Law from Google Scholar Google Search for Amendments to 448.09

The 2025 Florida Statutes

Title XXXI
LABOR
Chapter 448
GENERAL LABOR REGULATIONS
View Entire Chapter
448.09 Unauthorized aliens; employment prohibited.
(1) It is unlawful for any person to knowingly employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within this state, an alien who is not duly authorized to work by the immigration laws of the United States, the Attorney General of the United States, or the United States Secretary of the Department of Homeland Security.
(2) If the Department of Commerce finds or is notified by an entity specified in s. 448.095(3)(a) that an employer has knowingly employed an unauthorized alien without verifying the employment eligibility of such person, the department must enter an order pursuant to chapter 120 making such determination and require repayment of any economic development incentive pursuant to s. 288.061(6).
(3) For a violation of this section, the department shall place the employer on probation for a 1-year period and require that the employer report quarterly to the department to demonstrate compliance with the requirements of subsection (1) and s. 448.095.
(4) Any violation of this section which takes place within 24 months after a previous violation constitutes grounds for the suspension or revocation of all licenses issued by a licensing agency subject to chapter 120. The department shall take the following actions for a violation involving:
(a) One to ten unauthorized aliens, suspension of all applicable licenses held by a private employer for up to 30 days by the respective agencies that issued them.
(b) Eleven to fifty unauthorized aliens, suspension of all applicable licenses held by a private employer for up to 60 days by the respective agencies that issued them.
(c) More than fifty unauthorized aliens, revocation of all applicable licenses held by a private employer by the respective agencies that issued them.
(5) An alien who is not duly authorized to work by the immigration laws of the United States, the Attorney General of the United States, or the United States Secretary of the Department of Homeland Security and who knowingly uses a false identification document or who fraudulently uses an identification document of another person for the purpose of obtaining employment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.ss. 1, 2, 3, ch. 77-250; s. 193, ch. 79-400; s. 82, ch. 91-224; s. 168, ch. 97-103; s. 6, ch. 2023-40; s. 217, ch. 2024-6.

F.S. 448.09 on Google Scholar

F.S. 448.09 on CourtListener

Amendments to 448.09


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 448.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

S448.09 - IMMIGRATION - EMPLOY RECRUIT REFER ILLEGAL ALIEN SUBSQ OFF - M: S

Cases Citing Statute 448.09

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Cenvill Dev. Corp. v. Candelo, 478 So. 2d 1168 (Fla. 1st DCA 1985).

Cited 9 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2643, 1985 Fla. App. LEXIS 16979

...It also protects an employer who, through no fault of his own, would end up paying continued wage loss benefits to an employee who cannot legally be employed. The law of Florida does not impose upon an employer the burden of verifying forged or borrowed green cards. See Section 448.09, [2] Florida Statutes....
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Villasenor v. Martinez, 991 So. 2d 433 (Fla. 5th DCA 2008).

Cited 5 times | Published | Florida 5th District Court of Appeal | 2008 WL 4367820

...immigrant status on the limited issue of her claim for lost future earnings. Her status as an illegal alien is indeed relevant to her ability to obtain lawful employment in the United States. 8 U.S.C. § 1324(a), Immigration Reform and Control Act; § 448.09(1), Fla....

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