Florida Statutes

Fla. Stat. § 448.09 (2025)

Unauthorized aliens; employment prohibited.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 448.09

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§448.09IMMIGRATIONEMPLOY RECRUIT REFER ILLEGAL ALIEN SUBSQ OFFM · 2nd

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1985–2023 · leading case: Chamber of Com. of United States of Am. v. Whiting, 131 S. Ct. 1968 (2011).

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Chamber of Com. of United States of Am. v. Whiting, 131 S. Ct. 1968 (2011). · cites it 2× “1978) (enacted 1976); Fla. Stat. §448.09 (1981) (enacted 1977); Kan.”

Villasenor v. Martinez, 991 So. 2d 433 (Fla. 5th DCA 2008). · cites it 2× “We find no error in the trial court's ruling allowing evidence of *437 Villasenor's illegal immigrant status on the limited issue of her claim for lost future earnings.”

Cenvill Dev. Corp. v. Candelo, 478 So. 2d 1168 (Fla. 1st DCA 1985). “See Section 448.09, [2] Florida Statutes. Neither is there any such federal requirement.”

Florida State Conf. of Branches & Youth Units of the Naacp v. Byrd (N.D. Fla. 2023). · cites it 2× “”); § 448.09, Fla. Stat. (2023) (prohibiting public and private employment only for noncitizens who are not authorized to work under the immigration laws of the United States).”

Hispanic Fed'n v. Byrd (N.D. Fla. 2023). · cites it 2× “”); § 448.09, Fla. Stat. (2023) (prohibiting public and private employment only for noncitizens who are not authorized to work under the immigration laws of the United States).”

— 448.09(1) — 1 case

Villasenor v. Martinez, 991 So. 2d 433 (Fla. 5th DCA 2008). “We find no error in the trial court's ruling allowing evidence of *437 Villasenor's illegal immigrant status on the limited issue of her claim for lost future earnings.”

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