Florida has passed Senate Bill 1718 requiring certain employers to use E-Verify. Beginning July 1, 2023 employers with 25+ employees will be required to use E-Verify to confirm whether new hires are eligible to work in the United States.
What is E-Verify?
- Operated by the Federal Government, E-Verify is a web-based system that allows employers to determine a new hire’s eligibility to work in the United States.
- Employers who use E-Verify will still be required to complete a Form I-9 for all new hires.
- All new hires made on or after July 1, 2023, employers with 25+ employees are required to confirm the new employee is eligible to work in the United States using E-Verify. A copy of the documentation provided and any official verification that is generated, if applicable, must be retained by the employer for a minimum of three years.
- Under this new law, employers are prohibited from continuing to employ a worker after determining that the individual is unauthorized to work in the United States.
- Employers required to use E-Verify must also certify on their first return each calendar year to their tax service provider that they are in compliance with the requirements when making contributions to or reimbursing the state’s unemployment compensation or reemployment assistance program.
Penalties
Beginning July 1, 2024, non-compliance with the E-Verify requirements will be penalized. Penalties may include suspension of a business license as well as a $1,000.00 fine per day to the Florida Department of Economic Opportunity until the employer provides sufficient evidence to the department that any non-compliance was resolved.
Your Next Steps
Covered Florida employers should:
- Enroll and start using E-Verify by July 1, 2023 for all new hires. Click here to enroll in E-Verify.
- Review procedures to ensure compliance with Senate Bill 1718. For full details of the bill, click here.
- Train those who will be using E-Verify on how to use the system and post required E-Verify posters.
Please feel free to reach out to us with any additional questions at (863) 682-5151 or info@hpsadvisors.com.
