– Florida’s new E-Verify law requires employers with 25 or more employees to use the U.S. Department of Homeland Security’s E-Verify system to confirm employees’ eligibility to work in the U.S., beginning July 1, 2023.
– The law does not apply to existing employees and will not require employers to E-Verify past or existing hires.
– Employers must complete the e-verification process for all employees hired on or after July 1, 2023 within three business days after the employee starts working.
– If E-Verify is unavailable, employers must use Form I-9 to verify employment eligibility and document the unavailability of E-Verify.
– Employers must retain documentation and official verification for at least three years.
– Employers must certify compliance on their first tax return when making contributions to the state’s unemployment compensation or reemployment assistance system.
– The Florida Department of Economic Opportunity will notify employers of noncompliance if they fail to use the E-Verify system when required, and employers will have 30 days to fix the noncompliance. 1. The DEO may impose a fine of $1,000 per day if an employer fails to use the E-Verify system three times in a 24-month period.
2. The DEO may suspend an employer’s business and professional licenses until noncompliance is resolved.
3. Covered employers using staffing agencies should require E-Verify confirmation for agency employees working for them.
4. Employers subject to SB 1718 should enroll in E-Verify before July 1, 2023 to familiarize themselves with the platform.
5. Berger Singerman will continue to monitor developments related to SB 1718 and provide relevant information for businesses.
https://bergersingerman.com/news-insights/client-alert-floridas-new-immigration-law-and-implications-for-private-employers
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