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HR + Payroll

Is Your Florida Business Ready for the New E‑Verify Mandate?

One Minute Takeaway

  • Beginning on July 1, 2023, all private employers in the state of Florida with at least 25 employees must certify worker eligibility through the Department of Homeland Security’s E-Verify tool.
  • Employers must verify a new employee’s eligibility within three business days after the first day that employee begins working for pay.
  • Each employer required to use the E-Verify system under this law must certify on the first return each calendar year that it is in compliance with the requirements.
  • Penalties will go into effect on July 1, 2024.
  • Failure to properly certify can result in penalties of up to $1,000/day if more than 3 violations occur in a 24-month period.

Florida Senate Bill 1718 (SB1718), which was approved on May 10, 2023, prohibits counties and municipalities from providing funds to any person, entity, or organization to issue identification documents to an individual who does not provide proof of lawful presence in the United States. This immigration bill includes key provisions and several mandates that are causing concern for many Florida employers.

The Bill Includes New E-Verify Requirements for Private Employers

SB 1718 requires private employers with 25 or more employees to use the e-verifications process to confirm an employee’s work status. E-Verify is the federal online database employers nationwide use to confirm whether an individual is eligible to work in the United States.

The law applies to new employees hired on or after July 1, 2023. In addition, each employer required to use the E-Verify system under this law must certify on the first return each calendar year that it is in compliance with the requirements.

Currently, the E-Verify is mandatory in Florida for public employers and private employers that contract with state and local governments or receive incentive dollars from the state.

Penalties for Not Properly Certifying Employment Could Be Costly

Penalties will go into effect on July 1, 2024. Failure to properly certify can result in penalties of up to $1,000 per day if more than 3 violations occur in a 24-month period. An employer’s first violation will result in a one-year probationary period and reporting requirements before any licenses will be revoked. The Florida Department of Revenue issued a Tax Information Publication on June 15, 2023, detailing the employer requirements.

How Paycor Helps

Paycor will continue to file FL quarterly unemployment returns according to the latest agency specifications. Paycor is also working with the National Payroll Reporting Consortium for more details on this requirement. As with all compliance updates, we will proactively communicate information to our Florida clients as soon as we learn more.

Paycor’s onboarding platform offers E-Verify; check out key product features and even watch a short video here.