Florida’s House of Representatives has passed legislation to make E-Verify mandatory for all employers. This bill is House Bill 955 (HB 955). Sponsored by Representative Brent Jacques, it must receive the state Senate’s approval. Should it pass, it will reach the Governor’s desk for a signature to pass into law.

HB 955 seeks to ensure the employment eligibility of all workers. As such, it would require all employers to use the federal government’s E-Verify system. This bill emphasizes that public and private employers in the state must use it, including those with fewer than 25 workers.

This bill follows up on existing legislation passed in 2023. According to the 2023 legislation, businesses employing more than 25 workers must use the E-Verify system. The legislation also requires employers to certify their compliance with the law annually. This step is part of the reemployment assistance tax filings.

The E-Verify system is a web-based application maintained by the Department of Homeland Security (DHS). E-Verify verifies the identity and employment eligibility of new hires for participating employers. The application uses information from an employee’s Form I-9, which the employer enters into the system. E-Verify electronically matches the provided information against records available in two federal departments’ systems: The DHS and the Social Security Administration.

Though launched as a voluntary program for most employers, those with federal contracts or subcontracts containing the Federal Acquisition Regulation E-Verify clause must enroll and use E-Verify. Furthermore, more states have begun mandating employers to use E-Verify through bills similar to HB 955.

If HB 955 becomes law, the enforcement provisions will remain the same as those for the current E-Verify law. The Florida Department of Commerce would be responsible for compliance with the regulations. As such, the Florida Department of Commerce would notify any employers not using E-Verify that they have thirty days to comply with the law.

HB 955 also addressed the consequences of multiple infractions. Should an employer acquire three separate violations within two years, they will accrue fines per day they continue violating the law. The Florida Department of Commerce must fine the business $1,000 for each day. Furthermore, the employer may have their state-issued business licenses suspended until they provide proof of their compliance with the law.

Completing the employment eligibility process can be complicated, and it is easy to make costly mistakes. One way to remain compliant is to use an electronic I-9 management system with E-Verify integration. This system guides employers through employment eligibility and stores the forms and accompanying documentation.

Ensure compliance today by switching to an electronic I-9 management tool with I-9Compliance.

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