Comprehensive E-Verify Proposal Moving Forward in Florida House
Far more strict e-verify requirements may soon be coming to Florida. On April 2nd, 2025, Florida Politics reported that the state’s e-verify proposal is making significant legislative progress in Tallahassee. If it becomes law, it would dramatically expand the number of businesses and organizations in the state that would be required to comply with comprehensive e-verify rules. In this article, you will find an overview of the latest e-verify proposal in Florida.
What is E-Verify?
Simply described, E-Verify is a free, web-based system that is operated by the United States Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It allows employers to electronically verify the employment eligibility of newly hired employees by comparing information from an employee’s Form I-9 to federal databases. The general goal of E-verify is to confirm workers have the proper immigration status.
Florida Enacted Strong E-Verify Requirements in 2023
Florida already puts strong E-verify requirements on many employers. In May of 2023, Governor Ron DeSantis signed Senate Bill 1718 into law. That bill required all private employers with 25 or more employees to use E-Verify to confirm the employment eligibility of new hires as of July 1st, 2023. Covered employers must verify each new employee’s status within three business days of their start date. They must also retain documentation for at least three years. There are stiff financial penalties for employers that fail to comply with Senate Bill 1718. An employer in Florida can be fined up to $1,000 per day for E-verify non-compliance.
An Overview of Florida’s Proposed E-Verify Expansion
Here is the big E-verify change that could be coming to Florida. Building upon the 2023 legislation, a group of Florida lawmakers are seeking to eliminate the current exemption for businesses with fewer than 25 employees. That would require all private employers—regardless of their size—to use E-Verify. Indeed, even very small businesses would be subject to E-verify requirements. As drafted, the expanded legislation does not include new fines. However, it would make small businesses that fail to comply with E-verify requirements subject to the same fines that are currently in place for larger employers (25 or more employees).
Bill Passed Through House Committee
On April 1st, 2025, the House Industries and Professional Activities Subcommittee advanced HB 955 with a 12-4 vote along party lines. That is a very big step and it suggests that the bill could potentially be on the path to becoming law later this year. Still, while the bill has progressed in the House, the Senate has yet to take action on this or similar proposals. Our firm will keep a close watch on all legal and legislative developments that could impact employment law in Florida.
Get Help From a Florida Employment Attorney Today
Employers in Florida have a responsibility to comply with all applicable e-verify requirements. If you have any specific questions and concerns about the law, please do not hesitate to contact a Florida employment lawyer for guidance and support.
