Florida: E-Verify Will Be Mandatory in 2021

Beginning January 1, 2021, SB 664 requires employers to verify an individual’s employment eligibility after accepting an offer of employment, either by using the E-Verify system or completing Form I-9. Documentation must be retained for at least three years after the initial date of employment. Employers are not required to verify the employment eligibility of an employee hired before 2021, but must verify employment upon renewal or extension of an employment contract. Compliance creates a rebuttable presumption that a private employer did not knowingly employ an unauthorized alien, and protects employers from criminal or civil liability under state law where the employment verification process indicated that the individual was authorized to work in the U.S.

All public employers must register and use the E-Verify system to verify work authorization status. All state contractors and subcontractors must also use E-Verify. Subcontractors must verify in writing that they do not employ unauthorized aliens. State contractors must retain the subcontractor’s affidavit for the duration of the contract. Public employers, contractors, and subcontractors who have a good faith belief that a contracted party is violating these requirements, they must terminate the contracts immediately. Contract termination under this provision is not considered a breach of contract.

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