Proposal 29- Relating to E-verify

On Friday, January 19th, Proposal 29 (proposal) by Commissioner Rich Newsome was presented to the CRC Executive Committee (committee). The committee voted favorably on the proposal. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in opposition to this proposal.

View testimony from the CRC Executive Committee

This proposal creates a new section in Article X of the State Constitution that establishes requirements for all employers who hold, or have applied for, any type of license to operate a business in the State of Florida to verify the employment eligibility of new employees using the E-Verify system, beginning on July 1, 2020. The proposal provides automatic penalties for failing to verify the employment eligibility of new employees and for knowingly or intentionally employing an unauthorized alien. The proposal requires the Department of Business and Professional Regulation (DBPR) to enforce these provisions by adopting rules by July 8, 2019, developing and administering a statewide random auditing program to inspect employers for compliance, and receiving and investigating complaints from persons who have knowledge of an employer hiring unauthorized aliens.

AIF does not believe that this issue should be added to Florida’s constitution and it could be accomplished through the legislative process. Ultimately AIF opposed the proposal as the outcome could cause unintended consequences for businesses that operate in the state. 

 

Proposal 88-Relating to Nursing Home and Assisted Living Facility Residents’ Bills of Rights

On Friday, January 19th, Proposal 88 (proposal) by Commissioner Brecht Heuchan was presented to the CRC Declaration of Rights Committee (committee). The committee voted favorably on the proposal. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in opposition to this proposal.

View testimony from the CRC Declaration of Rights Committee

 

Proposal 88 establishes a new section in Article I of the State constitution that creates a separate bill of rights for residents of nursing homes and assisted living facilities. The proposal specifies that in addition to any other rights provided by law, the residents of nursing home facilities and assisted living facilities are entitled to be treated courteously, fairly, and with the fullest measure of dignity by the facilities’ owners, operators, employees, professionals, and others who care for residents at such facilities. The proposal also stipulates that residents have the right to be treated courteously, fairly, and with the fullest measure of dignity; the right to a safe, clean, comfortable, and homelike environment that protects residents from harm and takes into account this state’s challenges with respect to climate and  natural disasters; the right to access courts and a jury system that allows for a speedy trial and relief and remedies, without limitations, for loss, injury, and damages caused to residents and their families by the abuse, negligence, neglect, exploitation, or violation of residents’ rights by the facilities’ owners, operators, employees, professionals, and others who care for residents at such facilities; the right to know and hold accountable all persons or entities who own or operate the facilities, including the persons who are the owners of entities which own or operate the facilities; the right that the facilities will have the financial resources or liability insurance in order to ensure that residents and their families are justly compensated for any loss, injury, and damage they suffer because of abuse, negligence, neglect, exploitation, or violations of residents’ rights by owners, operators, employees, professionals, and others who care for residents at such facilities; and the right to have the state require and implement regular accountability, audit, and review programs that oversee the facilities, require annual cost reports for reimbursement, and safeguard the health and quality of life of the facilities’ residents.

AIF opposed this proposal as these protective rights are already laid out within Florida’s state statutes making it unnecessary for this proposal to be added to our states constitution. Further, the proposal would result in a tidal wave of lawsuits against Florida employers.