FAQ for Complying With Florida’s New E-Verify Regulation

FAQ for Complying With Florida’s New E-Verify Regulation
May 31, 2023

Florida’s Governor, Ron DeSantis, has signed Senate Bill 1718 (SB 1718) into law. This regulation makes several significant changes to the state’s laws concerning immigration. For example, it would mandate certain Florida employers to use the federal government’s web-based verification system, E-Verify.

This new law will take effect on July 1. Unfortunately, this allows little time to prepare. As such, here are some common questions and answers that concerned Florida employers have asked about the new regulations:

What Does The Bill Require Employers to Do?

The passing of SB 1718 in Florida brings significant changes to various aspects of state law, such as immigration compliance. However, its most notable impact on workplaces is the requirement for employers with 25 or more workers to enroll in the E-Verify program. Employers must use this system to verify the employment eligibility of newly hired employees, ensuring they maintain compliance with immigration laws.

When Must Employers Enroll in the Program? Which Employees Must They Verify?

Employers of 25 or more workers must enroll in the program by July 1, 2023. This requirement applies to new hires who must undergo verification through E-Verify. It also includes existing employees verified through the employment eligibility verification process (Form I-9). According to federal law, employers cannot reverify employees through E-Verify. However, the law does allow limited exceptions for federal contractors and subcontractors.

What are the Penalties for Non-Compliance?

SB 1718 provides significant penalties for non-compliance with these new regulations. Upon discovering violations, the Florida Department of Economic Opportunity (DEO) can levy fines of up to $1,000 per day. These fines will continue until an employer proves they have resolved the underlying cause. 

Violations may also result in the revocation of any state-issued licenses that an employer has received. The law also provides civil and criminal penalties for employers found to have employed unauthorized workers. The DEO will include these fines on top of existing federal penalties for the same act.

What Steps Must Employers Take to Ensure Compliance?

Employers of 25 or more employees must register with the E-Verify program by July 1, 2023. Doing so will ensure they remain in compliance with the state law. Once enrolled, they must use the system and Form I-9s to verify each new hire’s authorization to work in the United States. Integrating an electronic I-9 management tool could ensure compliance with both employment verification processes.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.