Effective July 1, 2023, Florida Law SB 1718 makes it a violation of state law for any person to knowingly employ, hire, recruit, or refer, either for themselves or on behalf of another, for private or public employment a foreign national who is not authorized to work in the United States.
Actions Required of Florida Employers
According to the new Florida law, the following actions are required of Florida employers:
- Check for False Documents. The law penalizes employers for failing to verify employment authorization and criminalizes non-citizens who use false identification documents to obtain employment.
- Verify New Employees and Use E-Verify. Employers are required to verify new employees’ work authorization within 3 business days after the first day of hire and requires private employers who employ 25 or more employees to use E-Verify to confirm new employees’ work authorization.
Employers have 30 days to cure any noncompliance. Failure to use the E-Verify system 3 times in a 24-month period will result in a $1,000 fine per day until proof of compliance is provided.
Employee leasing companies that specifically place the primary obligation for E-Verify compliance upon client companies will not be required to verify employment eligibility of new employees of client companies, under written agreement.
Public agencies must contractually require contractors and subcontractors to register with and use the E-Verify system. Each party must use E-Verify to be permitted to enter a contract.
Actions NOT Required of Florida Employers
The following actions are NOT required of Florida employers under Florida law SB1718:
- Re-check Employees Already in E-Verify. Employers are not required to re-check the employment authorization of individuals they already employ using E-Verify.
- Continue Employment with No Work Authorization. Employers are not permitted to continue to employ an individual if they obtain knowledge the individual lacks work authorization.
If you are a Florida business and need information regarding the impact of Florida law 1718 on your business or advice on its application, contact our business and immigration lawyers in Miami, Florida USA or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
