Florida Statute 448.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 448
GENERAL LABOR REGULATIONS

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F.S. 448.09

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.

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Amendments to 448.09

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

Annotations, Discussions, Cases:

Cases Citing Statute 448.09

Total Results: 11

Fincantieri-Cantieri Navali Italiani S.P.A. v. Yuzwa

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 241 So. 3d 938

Snippet: of the company.” Id. at 448. 9 In Helicopteros,

Villasenor v. Martinez

Court: District Court of Appeal of Florida | Date Filed: 2008-09-26

Citation: 991 So. 2d 433, 2008 WL 4367820

Snippet: 1324(a), Immigration Reform and Control Act; § 448.09(1), Fla. Stat. Therefore her status is relevant

O'QUENDO v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-08-16

Citation: 823 So. 2d 834, 2002 WL 1875745

Snippet: v. United States, 371 U.S. 341, 362, 83 S.Ct. 448, 9 L.Ed.2d 357 (1963); Frazier v. United States, 335

Black v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-12-17

Citation: 630 So. 2d 609, 1993 WL 521224

Snippet: Manufacturing Co. v. U.S., 371 U.S. 341, 83 S.Ct. 448, 9 L.Ed.2d 357 (1963), is cited as authority for the

Cenvill Development Corp. v. Candelo

Court: District Court of Appeal of Florida | Date Filed: 1985-11-27

Citation: 478 So. 2d 1168, 10 Fla. L. Weekly 2643, 1985 Fla. App. LEXIS 16979

Snippet: verifying forged or borrowed green cards. See Section 448.09,[2] Florida Statutes. Neither is there any such

State v. Favaloro

Court: District Court of Appeal of Florida | Date Filed: 1982-12-07

Citation: 424 So. 2d 47

Snippet: Mfg. Co. v. United States, 371 U.S. 341, 83 S.Ct. 448, 9 L.Ed.2d 357, reh. denied, 372 U.S. 950, 83 S.Ct

Henthorne v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-01-08

Citation: 409 So. 2d 1081

Snippet: Manufacturing Co. v. United States, 37 U.S. 341, 83 S.Ct. 448, 9 L.Ed.2d 357 (1963); Frazier v. State, 107 So.2d

Bova v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-12-31

Citation: 392 So. 2d 950

Snippet: Mfg. Co. v. United States, 371 U.S. 341, 83 S.Ct. 448, 9 L.Ed.2d 357 (1963). An accused from whom a confession

Fillinger v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-08-17

Citation: 349 So. 2d 714

Snippet: Mfg. Co. v. United States, 371 U.S. 341, 83 S.Ct. 448, 9 L.Ed.2d 357 (1963). An accused from whom a confession

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-12-06

Snippet: to be collected are stated in figures [e.g., s. 448.09, F.S., Construction Industry Licensing Board];

Pompano Horse Club, Inc. v. State Ex Rel. Bryan

Court: Supreme Court of Florida | Date Filed: 1927-03-09

Citation: 111 So. 801, 93 Fla. 415, 52 A.L.R. 51, 1927 Fla. LEXIS 1136

Snippet: affirmed 70 N.E. Rep. 1104; Wade v. Deming, *Page 448 9 Ind. 35; Shrepshire v. Glasscock, 4 Mo. 536; 31