Florida’s new immigration bill, effective July 1, will require private employers with 25 or more employees to verify compliance with US work authorization regulations through the E-Verify system. Previously, only public employers and private employers contracting with state and local governments or receiving state incentive dollars were required to use E-Verify to verify work authorization.
The following will apply under the new immigration law:
- It is unlawful under federal and state law to knowingly employ a foreign national who is not work authorized under US immigration laws.
- Private employers with 25 or more employees must use E-Verify for all new hires.
- “Employee” is defined as an individual filling a permanent position under the control of the employer.
- Part-time employees in permanent positions are covered by the requirement.
- Independent contractors and casual laborers are not covered by the requirement.
- Supporting documentation verifying work authorization must be retained for at least three years.
- Employers must certify E-Verify participation on unemployment compensation or reemployment assistance system annual returns.
- The use of the E-Verify system establishes a rebuttable presumption that an employer has not knowingly employed an unauthorized worker.
- Penalties will be effective July 1, 2024, and the Department of Economic Opportunity (DEO) must notify an employer prior to the issuance of any penalty.
- Employers will have 30 days to cure noncompliance after receiving a notice of noncompliance from the DEO.
- Penalties will include the following:
- For a first violation, there will be a one year probation period and quarterly reporting to the DEO will be required.
- For a repeat violation within 24 months, suspension or violation of all licenses will occur, with the period of suspension being based on the number of unauthorized workers found.
- For three violations within 24 months, a $1,000 a day fine will apply until the violation is cured.
- Knowingly using false or fraudulent documentation for the purposes of obtaining employment will be considered a third degree felony.
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