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E-Verify in Florida

May 16, 2023

A new law in Florida will require private employers with at least 25 employees to use E-Verify – the digital immigration verification tool for all new hires, starting on July 1, 2023. The new law will also increase penalties for noncompliance and for employers who knowingly hire undocumented workers.

Here is what Florida businesses with at least 25 employees need to know:

  1. Complete Form I-9: All employers are required to complete the I-9 form within three days of a new hire’s start date (regardless of whether they are U.S. Citizens) to verify identity and ensure employment authorization in the U.S.
  2. Utilize the E-Verify system: Employers must utilize the E-Verify system to confirm records and identity match. If the records do not match, the employer must give the notice to the employee who then has 10 days to notify the employer whether they will resolve the discrepancy. If the employee cannot resolve the discrepancy, they are no longer eligible to continue employment.
  3. Retain Records: Employers must retain a copy of the documentation and any official verification generated for at least three years.
  4. Annual Certification: Each employer that is required to use the E-Verify system must certify compliance when contributing or reimbursing the state’s unemployment or reemployment assistance system.
  5. Penalties: Businesses have 30 days to cure noncompliance after receiving notice from the Department of Economic Opportunity. The first violation is a one year probationary period with reporting requirements for compliance. There is a fine of $1,000 per day if the employer fails to use the system three times in 24 months.


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Disclaimer: The information on this website is for educational purposes only. The information does not constitute legal advice, and does not create an attorney client relationship with Karly Wannos, The Wannos Law Firm, P.A. or any other attorney employed by the firm. Karly Wannos is licensed to practice law in Florida only, and the information presented on this channel applies to Florida and Federal law only and is not otherwise state specific. Please consult with an attorney before making any important business related decisions. The contents of this post are owned by Karly Wannos, and cannot be duplicated or replicated without her express written permission. May be deemed an attorney advertisement.

The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws. 

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