What is Florida's New E-Verify Law and How Does It Affect Employers?

As of July 1, 2023, private employers in Florida with 25 or more employees must use the federal E-Verify system for new hires. This significant expansion of the state's employment verification rules, signed by Governor Ron DeSantis, introduces strict penalties for non-compliance, including substantial fines starting in 2024. This article provides a clear breakdown of the law's requirements, deadlines, and actionable steps for businesses to achieve compliance.

What is the E-Verify System and Who Must Use It in Florida?

The E-Verify system is a web-based service managed by the U.S. Department of Homeland Security (DHS) that allows businesses to confirm the employment eligibility of their new hires by comparing information from an employee's Form I-9 against federal government records. Under the new Florida law, often referred to as Senate Bill 1718, the mandate applies to all private employers with 25 or more employees. These covered employers must use E-Verify for all new hires, starting from July 1, 2023. Employers with fewer than 25 employees are not exempt from verifying work eligibility but can use the federal Form I-9 process as an alternative to E-Verify.

What Are the Penalties for Non-Compliance with the Florida E-Verify Mandate?

The penalty provisions are phased, with enforcement actions beginning on July 1, 2024. After this date, the Florida Department of Economic Opportunity (DEO) can issue a notice of non-compliance. A business then has 30 days to correct the violation. An employer found to have knowingly employed an undocumented worker will have its business licenses suspended and must terminate the unauthorized employee. Furthermore, an employer that fails to use E-Verify three times within a 24-month period will face a fine of $1,000 per day until it provides proof of compliance to the DEO. The law also permits random audits of employers suspected of hiring undocumented workers.

How Does Florida's Law Compare to Other State E-Verify Laws?

Florida is now among a group of states with mandatory E-Verify laws for private employers, including Alabama, Arizona, Georgia, and Tennessee. Prior to this law, Florida only required public employers and their contractors to use E-Verify, a common approach in other states like Texas and Indiana. The new statute places Florida's private employer requirements among the more stringent in the nation, particularly due to the daily fine structure and the inclusion of random audit authority. This trend reflects a broader movement toward state-level enforcement of immigration-related employment laws.

What Are the Additional Requirements and Employer Responsibilities?

Beyond the E-Verify mandate, the law introduces several other critical obligations. Each covered employer must certify on its first tax return each calendar year that it is in compliance with the E-Verify requirement when dealing with Florida's unemployment compensation system. The law also makes it a felony for an individual to use a false identification document for employment purposes. For employers, this underscores the importance of consistent and documented verification processes for every new hire to mitigate legal risk.

To ensure compliance, employers should:

• Audit current hiring practices to ensure a smooth transition to the E-Verify system.
• Designate a trained staff member to manage the E-Verify process and maintain records.
• Understand the 30-day cure period for addressing any notices from the DEO.
• Consult with legal or HR experts to navigate the complexities of both federal I-9 and state E-Verify requirements.