By John Fay
On May 10, Florida Governor Ron DeSantis signed into law a sweeping
immigration bill (SB 1718) that includes
new E-Verify provisions which go into effect on July 1, 2023. The new
law will require private employers with at least 25 employees to use
the E-Verify system for new hires within three business days of the
employee's first day of work. Additionally, Florida employers covered
by the law must also retain records of the documentation and
verification generated for at least three years.
As you may recall, since 2021, Florida has required every
public employer, contractor, and subcontractor to use the E-Verify
system to verify employment eligibility of newly hired employees.
However, private employers have had a choice to either use E-Verify
or agree to make copies of all the identity and work authorization
documents presented and retain them for three years. With the
passing of this new bill, that choice is going away.
The penalties for employers that do not follow this law can
be steep. Beginning on July 1, 2024, if the Florida Department of
Economic Opportunity (DEO) determines that an employer failed to use
E-Verify, they must notify the employer and give them 30 days to
comply. If the DEO determines that an employer failed to use the
E-Verify system three times in any 24-month period, they must impose a
fine of $1,000 per day until the employer provides sufficient proof to
the department that the noncompliance is cured. Noncompliance can also
constitute grounds for the suspension of all licenses issued by a
licensing agency. With such potential hefty costs to running afoul of
this law, it is imperative if you're an employer in Florida, or
there's a chance that you might hire employees that are based in
Florida, that you become familiar with these new E-Verify requirements.
Watch our video to learn more about the unique requirements
of the bill, its penalties, and next steps you may want to take if
you are a Florida employer with 25 or more employees.
You don’t have to go it alone. Check out I-9 HQ™ from Equifax to work more
seamlessly with E-Verify and help you stay on top of your E-Verify requirements.
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