Florida Employers: Be Aware of Expanded E-Verify Requirements

Effective July 1, 2023, a new Florida law, Chapter 2023-40, expands E-Verify requirements to include private sector employers with 25 or more employees. Within three days after an employee begins working for pay, covered employers must now use the E-Verify internet system to verify a new employee's employment eligibility, in addition to using the Form I-9 to ensure identity and employment.

The E-Verify previously applied to public sector employers, state and local government contractors and state-fund recipients. Beginning July 1, 2024, the new law increases penalties for non-compliance and for employers that knowingly hire undocumented workers. Penalties for an employer's failure to register and use the E-Verify system are subject to a daily fine of $1,000 and suspension of the employer's licenses after multiple findings of non-compliance. Employers with fewer than 25 employees can continue using the Form I-9 or the E-Verify system, which includes heightened immunity protections. Employers who use the E-Verify system in good faith are presumed to have complied with Florida's statute prohibiting the hiring of unauthorized aliens.

As Florida's E-Verify requirements continue to evolve, the Taylor English Labor & Employment Practice Group will be monitoring legal developments under this Act.