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A new law says organizations in Florida with more than 25 employees must use E-Verify when considering potential hires.

SB 1718

Florida legislators voted in favor of an immigration law known as Senate Bill 1718 (SB1718). It was signed by Governor Ron DeSantis and will go into effect on July 1, 2023.

SB1718 says that private employers with more than 25 employees will be required to use E-Verify on all potential new hires. The purpose is to confirm that each candidate is authorized to work in the United States. This law will amend Florida Statute 448.095 and clarify that organizations are prohibited from employing anyone who is not legally permitted to work in the U.S.

Definition Of Employee

To help organizations understand their obligations, SB1718 includes a definition of an employee. It says the term refers to an: "individual filling a permanent position who performs labor or services under the control or direction of an employer that has the power or right to control and direct the employee in the material details of how the work is to be performed.”

There are some exclusions to that definition. They include:

• Independent contractors.
• Someone who is hired by the owner of a private residence for work that will be conducted inside their home, such as cleaning or repairs.

Penalties For Violations

The Florida Department of Law Enforcement, Attorney General, State Attorney and the Florida Department of Economic Opportunity (DEO) will have the authority to ask employers to show proof that they use E-Verify during their hiring process. As of July 1, 2024, organizations that are unable to prove they are complying will be subject to penalties.

Businesses that are found to be non-compliant will first get a warning and have 30 days to make changes. Afterwards, if the DEO finds proof that an employer did not use E-Verify when considering candidates three times within any 2-year period, then they will enforce a fine of $1,000 per day. State licensing will also be revoked until the organization complies with SB1718.

If the DEO determines that an organization has “knowingly employed an unauthorized alien”, then they will require that employer to pay back any economic development incentives they received and be subject to a one-year probation. During that time, they must report to the DEO quarterly and provide proof that they are complying with the law.

About E-Verify

E-Verify is a “a web-based system through which employers electronically confirm the employment eligibility of their employees.” The system is built to return results quickly so organizations can be informed if a job application is eligible to work in the United States.