Understanding how SB 1718 Affects Florida Employers and Immigrant Workers

– SB 1718 changes the penalties for hiring unauthorized aliens in Florida, effective July 1, 2024.
– The Department of Economic Opportunity may require employers to repay any economic development incentive received if they are noncompliant.
– Violations can result in a 1-year probation period for the employer, during which they must report quarterly to demonstrate compliance.
– If a violation occurs within 24 months of a previous violation, it can lead to the suspension or revocation of occupational licenses issued by relevant licensing agencies.
– The duration of the suspension depends on the number of unauthorized aliens involved. 1. Employers with 25 or more employees in Florida must use the E-Verify system to verify the work eligibility of new employees within 3 business days from their first day of work starting July 1, 2023.
2. Employers may use the I-9 form as an alternative if the E-Verify system is unavailable for three business days, and must maintain documentation of the system’s unavailability for at least three years.
3. Employers must certify their compliance with the E-Verify requirement when making contributions to the state’s unemployment compensation or reemployment assistance system.
4. If an employer discovers that an employee is not eligible to work in the United States, they must stop employing that unauthorized worker. 1. Certain entities in Florida, such as the Florida Department of Law Enforcement and the state attorney, now have the authority to request review of an employer’s employment verification records.
2. These entities must rely on the federal government’s determination of an employee’s eligibility for authorized employment, and cannot make their own independent determinations.
3. Employers who use the E-Verify system or the I-9 form are presumed to have complied with the law unless proven otherwise.
4. Beginning on July 1, 2024, the DEO will enforce compliance with employment verification requirements and issue fines for noncompliance.
5. Noncompliance with the employment verification requirements may lead to suspension of all licenses issued to the employer until the noncompliance is cured.

https://www.jimersonfirm.com/blog/2023/06/analyzing-the-impact-of-sb-1718-key-provisions-affecting-florida-employers-with-immigrant-workforces/