In an effort to maintain a legal workforce and comply with federal regulations, Florida has implemented a new law that mandates the use of the E-Verify system for certain employers. Effective July 1, 2023, private employers in the state with at least 25 employees must utilize E-Verify to verify the eligibility of new employees within three business days of their first day of work. Learn more about Florida’s new law here. 

In this blog post, we'll dive into the new law, break down the requirements employers need to follow, and give you some practical guidance on how to stay compliant.

Understanding E-Verify

E-Verify is an online employment verification system that compares information provided by new employees on their Forms I-9 to records stored in the Department of Homeland Security (DHS) and Social Security Administration (SSA) databases. 

While it is typically a voluntary program for non-federal contractors, participating in E-Verify can demonstrate good faith compliance with the Immigration Reform and Control Act (IRCA).

Key Requirements for Employers

1. Document Retention: Employers must retain records of documentation and verification for newly hired employees for a minimum of three years. This includes the necessary paperwork generated during the E-Verify process.
2. Presumption of Compliance: By utilizing the E-Verify system, employers create a rebuttable presumption that they are meeting the standards of good-faith compliance by not consciously hiring an unauthorized worker (read blog). 
3. Unavailability of E-Verify: Employers cannot excuse themselves from using E-Verify even if the system is temporarily unavailable. In such cases, employers must utilize Form I-9 and document the system's unavailability by obtaining screenshots or saving public announcements about the system's downtime.
4. Certification for Unemployment Contributions: Employers must certify their usage of the E-Verify system when making contributions or reimbursements to Florida's unemployment system. This further emphasizes their commitment to employment eligibility verification.



E-Verify Penalties and Enforcement

• The new law grants the government both audit privileges and substantial enforcement powers. 
• Noncompliance with the new law can result in penalties, with enforcement scheduled to begin on July 1, 2024. 
• Employers will have a 30-day cure period after receiving notice of noncompliance.
• If an employer fails to use E-Verify as required three times within a 24-month period, the Department of Economic Opportunity (DEO) must impose a fine of $1,000 per day until sufficient proof of compliance is provided. 
• Additionally, a first violation leads to a one-year probationary period with reporting requirements, allowing businesses an opportunity to rectify any issues before facing license revocation.

Partnering for Clear I-9

Navigating the new law and ensuring compliance can be complex, so ensure compliance and simplify your I-9 management with Clear I-9. Our easy-to-use Form I-9 software, created and overseen by I-9 compliance experts with extensive experience in employment eligibility and verification laws, helps you achieve and maintain compliance with all your I-9s. Our dedicated team of I-9 specialists collaborates closely with the Department of Homeland Security and renowned immigration attorneys to stay up-to-date with the constantly evolving Form I-9 and E-Verify regulations. We are committed to ensuring that our I-9 platform aligns with the latest requirements, keeping both our solution and your organization in compliance at all times.

With the implementation of the new Florida law requiring E-Verify usage, employers must proactively review their Form I-9 management processes to ensure compliance. By adhering to the key requirements, maintaining proper documentation, and partnering with reputable service providers, employers can demonstrate their commitment to maintaining a legal workforce while streamlining their employment verification processes. Stay informed, take the necessary steps, and ensure compliance with the new E-Verify requirement to protect your business and contribute to a lawful employment environment in Florida.