Effective July 1, 2023, private employers with at least 25 employees in Florida must utilize the E-Verify system to verify the employment eligibility of each new employee within three business days of their first day of work. This article will provide an overview of the new Florida E-Verify law, highlight compliance requirements, and offer guidance on ensuring adherence to the legislation. As a trusted provider of I-9 management solutions, Applied Business Solutions is committed to helping businesses navigate this new requirement seamlessly.
E-Verify is an internet-based employment verification system that allows employers to compare the information provided by new employees on their Form I-9 with records maintained by the Department of Homeland Security (DHS) and Social Security Administration (SSA). Typically voluntary for non-federal contractors, E-Verify participation demonstrates compliance with the Immigration Reform and Control Act (IRCA). Gain deeper insights into this crucial tool by exploring the E-Verify website or reach out to one of our trusted compliance experts. Theses resources provide comprehensive information on enrollment, usage, rights, responsibilities, and program updates, ensuring smooth implementation and adherence to regulations.
Compliance with the New Florida E-Verify Law
To remain compliant with the new Florida law, employers must adhere to the following requirements:
- Retention of Records: Employers must retain documentation and verification records for newly hired employees for a minimum of three years.
- Rebuttable Presumption: By using the E-Verify system, covered employers establish a rebuttable presumption that they have not knowingly employed unauthorized workers.
- Unavailability of E-Verify System: Even if the E-Verify system is down for maintenance or otherwise unavailable during the three-day compliance window, covered employers are not exempt from using the system. In such cases, employers must utilize Form I-9 and document the unavailability of the E-Verify system with screenshots or saved public announcements.
- Certification and Contributions: Employers must certify their use of the E-Verify system when making contributions or reimbursements to Florida’s unemployment system.
- Penalties and Cure Period: Penalties for noncompliance will be imposed starting from July 1, 2024. Employers have 30 days to cure any noncompliance after receiving notice. If an employer fails to use E-Verify as required three times in a 24-month period, the Department of Economic Opportunity (DEO) will impose a fine of $1,000 per day until sufficient proof of compliance is provided.
The new Florida law mandating E-Verify usage for employers with at least 25 employees brings attention to the importance of accurate employment verification and compliance with immigration laws. By partnering with Applied Business Solutions, employers can ensure a smooth transition to the E-Verify system, maintain compliance with the law, and mitigate the risk of penalties. As a trusted provider, we are committed to supporting businesses in navigating the complexities of I-9 management and offering comprehensive solutions for their HR needs.
Contact Applied Business Solutions today to learn more about how our team can help provide an I-9 management solution and how we can assist your organization in achieving compliance with the new Florida E-Verify law.