Florida Requires Certain Private Employers to Use E-Verify Beginning July 1

Effective July 1, 2023, private employers in Florida with 25 or more employees must use the E-Verify system to verify a new employee’s employment eligibility within three business days after the first day that the new employee begins working for pay [S.B. 1718, L. 2023].

Currently, all private employers in Florida must use E-Verify or Form I-9 to verify employment eligibility for new hires and all public employers in Florida are required to use E-Verify.

Report on Unemployment Insurance Returns

Employers required to use E-Verify must certify on their first unemployment insurance (UI) tax return of each calendar year that it is in compliance with state law when making UI contributions or reimbursing the state’s UI system.

Penalties

Effective July 1, 2024, if the Florida Department of Economic Opportunity (DEO) determines that an employer failed to use the E-Verify system as required, the DEO must notify the employer and give the employer 30 days to comply. If the DEO determines that an employer failed to use the E-Verify system three times in a 24-month period, the DEO must impose a fine of $1,000 per day until the employer provides proof of compliance. 

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Lia Coniglio, Esq., is Managing Editor of PayState Update and Senior Manager of State Payroll Information Resources for PayrollOrg.