Florida Clarifies E-Verify Mandate Applies to In-State Employees Only

What Changed

Florida's SB 1718, which took effect July 1, 2023, requires private employers with 25 or more employees to use the federal E-Verify system to confirm the work authorization of all new hires. The Florida Department of Revenue has now clarified an important threshold question: for purposes of the 25-employee count, only employees located in Florida are counted.

This clarification is significant for multi-state employers who may have large national workforces but relatively small Florida operations. If an employer has fewer than 25 employees in Florida, the E-Verify mandate does not apply — regardless of total company headcount.

Who Is Affected

Private employers with 25 or more employees in the state of Florida must enroll in and use E-Verify for all new hires starting July 1, 2023. The law applies to permanent positions; independent contractors are not required to be verified through E-Verify.

Public employers and their contractors were already required to use E-Verify under prior Florida law.

Where It Applies

Florida statewide. The law applies to all private employers meeting the employee threshold within the state of Florida.

When It Takes Effect

July 1, 2023: SB 1718's E-Verify requirements became effective. Employers meeting the threshold must use E-Verify for all new hires on or after this date.

Why It Matters

The penalties for non-compliance with Florida's E-Verify mandate are substantial:

• $1,000 per day fine if the Department of Economic Opportunity (DEO) determines an employer failed to use E-Verify three times within any 24-month period, until the employer demonstrates compliance.

• License suspension or revocation for all business licenses held by the employer until non-compliance is cured.

• One-year probation with the DEO for knowingly employing unauthorized workers, plus repayment of any state economic development incentives received.

Florida's E-Verify law is among the most aggressive state-level immigration compliance mandates in the country.

The Humareso Take

The Department of Revenue's clarification on the employee count is genuinely helpful for multi-state employers who were unsure whether their national headcount triggered the mandate. If you have a small Florida team, you may be off the hook — but we'd recommend verifying your count carefully, because crossing that 25-employee line even temporarily could create an obligation. For employers who are covered, E-Verify enrollment and integration into your hiring process should be treated as urgent if it hasn't been completed already. The penalties here are not theoretical — they're aggressive and enforceable.

Recommended Action Steps

1. Determine your Florida-specific employee count to confirm whether the 25-employee threshold applies to your organization.

2. Enroll in E-Verify at [e-verify.gov](https://www.e-verify.gov) if you have not already done so and your Florida headcount meets the threshold.

3. Integrate E-Verify into your hiring workflow to ensure all new Florida hires are verified within three business days of their start date.

4. Train hiring managers and HR staff in Florida on the E-Verify process, documentation requirements, and tentative non-confirmation procedures.

5. Audit recent hires made on or after July 1, 2023, to ensure all were processed through E-Verify if required.

6. Contact your Humareso representative for assistance with E-Verify enrollment and compliance integration.