Many Florida Employers Now Required to Use E-Verify

Under a new state law, private employers in Florida with 25 or more employees are now required to use E-Verify in their onboarding process. Governor DeSantis signed SB 1718 into law in May 2023, which went into effect on July 1.

What’s E-Verify?

E-Verify is a web-based verification system operated by the United States Department of Homeland Security (DHS), through which employers electronically confirm employment eligibility using information taken from a candidate’s or employee’s Form I-9.

E-Verify typically returns results in less than six seconds, once the necessary information has been entered into E-Verify’s system. Results may include:

• Employment Authorized: Everything matches, and the candidate is authorized to work.
• Tentative Nonconfirmation: The information entered doesn’t match, and the candidate can choose to resolve the mismatch.

Candidates that receive a Tentative Nonconfirmation may run the risk of adverse action if the issue isn’t resolved.

There is no Federal law that requires employers to use E-Verify. However, as of August 19, 2015, the National Conference of State Legislatures notes that 22 states require at least certain types of employers to use the E-Verify system.

Florida’s New E-Verify Requirements

Florida previously required public employers and contractors to use E-Verify. The new law expands the  E-Verify requirement to all private employers with 25 or more employees.

Under the new law, employers required to use the E-Verify system must verify each new employee’s employment eligibility within 3 business days after the first date the employee begins working for pay. Employers must also:

• Retain results from every E-Verify case they process for at least three years; and
• Certify compliance every year when they contribute to the state’s unemployment system.

Employers required to use the E-Verify system may face penalties for noncompliance beginning on July 1, 2024, including:

1. $1,000 fine for each day of noncompliance;
2. Placement in a one-year probationary period; and/or
3. Suspension or revocation of applicable licenses.

With the potential for severe penalties, Florida employers may want to consult their legal counsel to confirm whether this new law applies and what action is needed to comply with the new law.