On May 10, 2023, Florida Governor Ron DeSantis signed into law Senate Bill No. 1718, which revises numerous Florida laws pertaining to immigration. Florida employers should be aware of provisions requiring certain employers to use the E-Verify system to verify new employees’ employment eligibility, and the substantial penalties that may be levied against them for employing individuals not authorized to work in the United States.
Each public agency and private employer with more than 25 employees must:
- use the E-Verify system to verify a new employee’s employment eligibility within three business days after the employee begins working. This provision is effective immediately for public agencies, and effective July 1, 2023, for private employers with more than 25 employees;
- certify that it is in compliance with this law when making contributions to or reimbursing Florida’s unemployment compensation or reemployment assistance system;
- retain a copy of the documentation provided and any official verification generated for three years;
- not continue to employ an “unauthorized alien” after obtaining knowledge that a person is or has become an “unauthorized alien.”
Public agencies must require its contractors, and their subcontractors, to register with and use the E-Verify system to verify the work authorization status of all new employees.
If a contractor to a public agency enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an “unauthorized alien.” The contractor must maintain a copy of such affidavit for the duration of the contract.
Penalties for violations include the suspension or revocation of business licenses held by the employer, placement on probation with quarterly reporting requirements to the Department of Economic Opportunity, and, for repeat offenders who fail to use the E-Verify system three times in any 24-month period, mandatory fines of $1,000 per day until the employer provides sufficient proof that non-compliance has been cured.
The law also repeals a provision of the Florida Statutes that previously permitted certain unauthorized immigrants who were brought to the United States as minors, who have been present in the United States for more than 10 years, who received documented employment authorization from USCIS and were issued a Social Security number, and, if male, who registered with the Selective Service System to practice law in the State of Florida upon fulfilling all requirements for admission to the practice of law. Such individuals will no longer be permitted to practice law in Florida, but the repeal of this provision will not affect the validity of any license to practice law issued pursuant to the previous provision before November 1, 2028.
This article is not intended to constitute legal advice. Attorney Keith L. Hammond, Esq., is available to provide advice and counsel to employers who may be impacted by this law.