Florida’s New E-Verify Law

On January 1, 2021, Florida joined a growing number of states that mandate some use of E-Verify for certain employers. Last year, Governor Ron DeSantis signed legislation that requires all public employers, including local school districts, public universities, and colleges, and state and local agencies, as well as their private contractors, to use E-Verify. The new law took effect on January 1, 2021. Read the new law.

What is E-Verify?
E-Verify, a federal electronic database, is used by employers to confirm the documentation provided by new hires and to establish lawful employment eligibility are in fact valid (by checking against federal databases).

What Florida employers are required to use E-Verify starting January 1, 2021?

  1. Every Florida public employer, including local school districts, public universities, and colleges, and state and local agencies, must enroll in and use the E-Verify system to confirm the eligibility of all new employees after 1.1.21.
  2. Contractors and subcontractors that have contracts with public employers. Public contracts now require an E-Verify certificate. Any subcontractor working on a public contract must provide the contractor with an affidavit (which must be retained by the contractor during the duration of the contract) stating that the subcontractor does not employ, contract with, or subcontract with unauthorized aliens.

Private employers are not required to use the E-Verify system unless they have a contract with a public employer, or they apply for taxpayer-funded incentives through the state Department of Economic Opportunity.

Special Note: The new Florida law reaffirms that all employers must still complete and maintain “I-9 Employment Eligibility Verification forms for all hires. Any private employer who does not use E-Verify must now maintain copies of the employee’s employment eligibility documents used to complete the Form I-9 for three years. This is optional under federal law.

What happens if an Employer Violates the new rules?

Failure to comply with the law can result in suspension or permanent termination of your Florida business license(s).


HR Categories
1095C form300 Log401(k)8(a)(1)AccommodationAffordable Care ActAmericans with Disabilities ActARPAAuditsBackground screeningBilingualBonusesBusiness ExpensesCannabidiol (CBD)CDLCFPBChild laborCHIP NoticeChristmas partyClearinghouseCOBRACommercial Motor Vehicle DriverCompany CultureCompensationConcerted ActivityConstructionconsultstuContagious diseaseCoronavirusCraft BeerDepartment of LaborDisabilitiesDiscriminationDOTDownsizing and RestructuringDress CodeDriversDrug and AlcoholDrug Free WorkplaceE-VerifyEEO-1 FormEEOCEmployee benefitsEmployee HandbookEmployee IllnessEmployee InjuryEmployee MisconductEmployee PoliciesEmployee RecognitionEmployee RightsEmployment PosterERISAEssential functionsExecutive OrderExempt EmployeeExit InterviewFair Credit Reporting ActFair Labor Standards ActFall ProtectionFederal ContractorsFFCRAFinancial Well-beingFitness for DutyFlorida rulesFluencyFMCSAFMLAForm 5500Form W-4Fractional HRGender Non-conformityGeneral HR QuestionsGoal SettingGroup Health InsuranceHarassmentHiringHolidaysHR ComplianceHR CostsHR ResourcesHR softwareHuman ResourcesHuman TraffickingI9 FormImmigrationIndependent ContractorIndividualized AssessmentInjury StatisticsInsuranceInvestigationsIRSJob DescriptionJob PostJoint EmployerLeave of AbsenceLeaving a PEOManagerMedical ExamsMedical MarijuanaMinimum WageMoraleNational OriginNew HireNLRBNo-match letterOnboardingOpioidsOSHAOutplacementOvertimePaid LeavePay CardsPay or PlayPaycheck Protection ProgramPayrollPayroll Protection ProgramPerformance Improvement PlanPerformance ReviewPersonnel FilePost offer medical questionnairePostersPregnancyReasonable AccomodationRecall LetterRecord KeepingRecruitingReligionRestaurantsResumeRetaliationRetentionRetirementRewardsRisk ManagementSafetySalaried employeesSBASection 7 RightsSelf AppraisalSick LeaveSMART goalsSocial MediaSocial Security cardStart upTaxesTemporary EmployeeTerminationTipped EmployeesTitle VIITPD BenefitsTrainingUnemploymentUniformsUSCISVaccinesW2W4Wage and HourWellness programWork from HomeWorkers CompensationWorkplace MonitoringWrap Plans
Show All Categories
Show Less Categories
Archives
Need on-going HR support?
We have affordable HR retainers that offer a unique alternative to full HR outsourcing or the hiring of a full time HR employee. We design unique solutions to match your business strategy and budget. We have a proven track record of helping companies from many industries. We listen and probe to understand your needs and goals, before we offer recommendations and realistic solutions.
Contact Us Now