Florida Extends E-Verify Requirement to Private Employers

The Department of Homeland Security’s E-Verify program is a free web-based verification tool for employers to confirm newly hired employees’ work authorization in the United States. Although participation in E-Verify is generally voluntary for employers, some states require employers to use E-Verify in certain contexts. Florida is the most recent state to update its E-Verify laws with Gov. Ron DeSantis signing Senate Bill 1718 on May 10, 2023.

Florida’s E-Verify law, first implemented on January 1, 2021, required public employers, contractors or subcontractors to use E-Verify to verify employees’ work authorization. Private employers were required to either register and use E-Verify for all new hires or comply with federal Form I-9 requirements and retain copies of documents presented by employees as part of the Form I-9 process.

Senate Bill 1718 extends the E-Verify requirement to all private employers with at least 25 employees. These employers must register with E-Verify and create E-Verify cases for all persons hired on or after July 1, 2023. Employment eligibility for any worker hired on or after July 1, 2023, must be verified within three business days, and private employers are required to maintain a copy of the documentation presented as part of the Form I-9 and E-Verify process for up to three years from the employee’s initial employment date. Employers must certify participation with E-Verify on annual tax returns.

The plain language of the bill does not make clear whether a private employer is required to use E-Verify after July 1, 2023, if they have 25 employees located in Florida, or whether employers with less than 25 employees in Florida but more than 25 employees elsewhere in the U.S. are impacted by this new requirement.

In addition to the provisions of the new bill, Florida has implemented enforcement measures to ensure employers verify employee work authorization. Businesses who knowingly employ unauthorized workers or fail to register and use Form I-9 or the E-Verify system will be subject to penalties beginning July 1, 2024. If a noncompliance notice is received from the Department of Economic Opportunity (DEO), the employer has 30 days to submit sufficient proof to cure the noncompliance. The penalties, depending on the duration of the violation, include imposing a daily fine of $1,000, requiring an employer to report quarterly during a probationary period of one year, and suspending or revoking employer licenses.

We will continue to monitor any announcements and other policy developments.

For more information, please see the Florida Statute, Section 448 and Senate Bill 1718, signed into law on May 10, 2023.