Bill in Florida Introduced to Extend State’s Strict E-Verify Rules to All Employers

Florida has one of the most comprehensive E-verify laws in the entire country. It applies to employers with 25 or more employees. Recently, a state lawmaker introduced legislation to extend that E-verify law to every employer in the state. House Bill 197 (HB 197) would make Florida the first state to require all private employers to use the federal E-verify system as a matter of law. In this article, you will find an overview of HB 197 in Florida.

An Overview of Florida’s E-Verify Requirement for Employers With 25 or More Employees

E-Verify is an online system run by the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA). Employers use it to confirm whether new hires are authorized to work in the United States. After completing the federal Form I-9, employers enter the employee’s information into the system for verification. If the information matches government records, the employee is cleared to work; if not, the employer must resolve the issue before hiring is finalized.

Florida’s current E-Verify law took effect on July 1st, 2023 (Florida Statutes §448.095) It mandates that private employers with 25 or more employees use the federal E-Verify system to confirm the employment eligibility of new hires. Employers must complete Form I-9 as required under federal law, then electronically verify each employee’s information through the DHS database. The failure to comply can lead to serious penalties, including suspension or even loss of state business license.

What to Know About Florida HB 197 (Proposed Law)

House Bill 197 proposes to eliminate the 25-employee threshold. In other words, the legislation would extend the E-Verify mandate to all private employers regardless of size. If enacted, every Florida business (from large construction firms to small family-owned shops) would need to use E-Verify when hiring. The bill would require verification within three business days of each employee’s start date. Employers would also have to maintain verification records for at least three years. That time period is consistent with federal retention standards. The proposal strengthens enforcement authority by allowing the Department of Commerce to impose monetary fines and recommend license revocation for repeat violators.

Why Some Lawmakers are Pushing Back

Opponents of HB 197 contend that extending E-Verify to very small businesses would impose unnecessary administrative burdens. Many small employers lack human-resources departments or access to legal counsel familiar with complex immigration law. The critics of the bill also point to potential verification delays and the risk of false mismatches. That latter of which could inadvertently harm lawful workers. Finally, business associations that are in opposition to the law argue that mandatory E-Verify for all employers may discourage hiring or complicate seasonal labor arrangements. That is a big deal in Florida’s large agriculture industry.

Speak to a Florida Employment Law Attorney

Employers must comply with all applicable state and federal labor regulations, including E-verify requirements. If you own and operate a business or organization in Florida and have questions about E-verify, an experienced attorney can help.