Executive Summary: On May 10, 2023, Florida Governor Ron DeSantis signed into law a new immigration bill, SB 1718. While the wide ranging bill has implications on a variety of subjects from health care, driver's licenses and human smuggling, this alert will focus on its employment related implications. The new law places Florida among the 20 states that require E-Verify for some or all employees. Beginning on July 1, 2023, private employers with more than 25 employees will be required to use E-Verify for all new hires. Notably, Florida public employers and contractors have been required to use E-Verify since January 1, 2021.

What is E-Verify?

E-Verify is an online employment verification system operated by the federal government. It is not a substitute for the I-9 process, but rather an additional method of employment verification. Employers that use E-Verify transcribe the information from each I-9 into E-Verify, and the system verifies whether the information provided by the employee is accurate and whether the employee is authorized to work in the United States. Federal law does not require employers to use E-Verify, aside from certain federal contractors. Over the last decade or more, various states have implemented different requirements regarding the use of E-Verify, and employers operating in multiple states face a patchwork of laws.

What does SB 1718 Require for Employers?

Beginning on July 1, 2023, private employers with more than 25 employees will be required to...

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