Published: Oct 05, 2010 1:14 AM EDT
Updated: Oct 04, 2010 9:26 PM EDT

LEE COUNTY, Fla. - Leaders of one SW Florida community are backing off of a requirement put in a new landscaping contract requiring the employer to provide green cards for its employees.

Representatives with Reflection Lakes off Cypress Lake Drive had sent out a proposal to potential landscaping companies - but admit a provision in there requiring employees to "provide green cards anytime" was not supposed to be in it and that the proposal was sent prematurely, issuing this statement:

"The inclusion of the “green card” provision was unintentional on the part of the Board of Directors. The Association does not even require its landscaping contractor to provide a roster of employees. The request for bids was sent out prematurely and contained many other errors as well. The Association’s current contract for landscaping services does not expire for more than a year. When the time comes, the request for bids will not contain any “green card” provision. Such a provision is in direct conflict with the Association’s longstanding polices and procedures. The Association requires that its contractors warrant the they have all necessary licenses, permits, insurance and operate in compliance with the law. The reason for this provision is that the Association relies on its contractor to perform all aspects of the services under the contract and especially the personnel function."

Some saw the requirement as discriminatory and illegal.

"The employer is not legally allowed to specify what document an employee must provide. By specifying, the employer and home owners association open themselves to lawsuit possibilities," said immigration attorney Anthony Olson.

According to Olson, employers can not ask for specific documents to prove citizenship or work eligibility.

To view a list of the I-9 form showing which documents can be presented go to http://www.uscis.gov/files/form/i-9.pdf.