Florida Mandates E-Verify for Employers with 25 or More Employees

What Changed

Florida enacted Senate Bill 1718 (SB 1718), which requires private employers with 25 or more full-time employees to use the federal E-Verify system to verify the employment eligibility of all new hires. The law was signed by Governor DeSantis on May 10, 2023, with the E-Verify requirement taking effect on July 1, 2023.

E-Verify is a free, internet-based system operated by the U.S. Department of Homeland Security that allows employers to electronically confirm the employment eligibility of their employees by comparing information from the employee's Form I-9 against federal databases.

The requirement applies only to employees hired on or after July 1, 2023 — employers are not required to retroactively verify existing employees.

Who Is Affected

• Private employers with 25 or more full-time employees operating in Florida

• The employee count threshold is based on full-time employees; independent contractors are excluded from the count

• Public employers in Florida were already required to use E-Verify prior to this law

• The law does not apply to employers with fewer than 25 full-time employees, though they may voluntarily use E-Verify

Where It Applies

Florida statewide. The requirement applies to all covered private employers operating within the state.

When It Takes Effect

July 1, 2023. The E-Verify requirement applies to all new hires on or after this date.

Why It Matters

The penalties for non-compliance are significant:

• If the Florida Department of Economic Opportunity (DEO) determines an employer has failed to use E-Verify, the employer receives a notification and has 30 days to correct the non-compliance

• Three violations within a 24-month period can result in fines of $1,000 per day

• Additional penalties may include suspension or revocation of state licenses, permits, and registrations

• The law also includes criminal penalties for employers who knowingly employ unauthorized workers

This is part of a broader trend of states expanding E-Verify requirements beyond federal mandates. Employers who have not previously used E-Verify will need to register for the system and train HR staff on proper procedures.

The Humareso Take

This is a major operational change for Florida employers who have been relying solely on the Form I-9 process. E-Verify adds an extra step to every new hire, and the penalty structure is aggressive enough that ignoring it is not an option. If you have 25 or more full-time employees in Florida and have not yet registered for E-Verify, that needs to happen immediately. We also recommend auditing your I-9 process while you are at it — E-Verify works alongside the I-9, and errors in your underlying I-9 process will create problems in E-Verify as well.

Recommended Action Steps

1. Register for E-Verify at [e-verify.gov](https://www.e-verify.gov) if your organization has not already done so.

2. Train HR staff and hiring managers on E-Verify procedures, including how to initiate cases, resolve tentative non-confirmations, and maintain records.

3. Update your hiring workflow to include E-Verify as a required step for all new hires on or after July 1, 2023.

4. Post the required E-Verify and Right to Work notices in your workplace.

5. Audit your Form I-9 process to ensure accuracy, since E-Verify is built on I-9 data.

6. Contact your Humareso representative for assistance setting up your E-Verify process and training your team.