Florida: New Immigration Law to Affect Private Employers

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APPLIES TO

Private Employers with more than 25 Employees in FL

EFFECTIVE

July 1, 2023

QUESTIONS?

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(888) 378-2456
Quick Look

  • Private employers in Florida with 25 or more employees are required to use the E-Verify system to verify a new employee’s work authorization.
  • Documentation of employee work authorization should be maintained by the employer for a period of three (3) years.

Discussion

Governor Ron DeSantis recently signed an immigration bill that will significantly affect private employers as of July 1, 2023. Most notably, all private employers with 25 or more employees will be required to use the E-Verify system to verify a new employee’s work authorization status. Verification must be completed within three (3) business days after the first day that the new employee begins working for pay.

Each employer required to use the E-Verify system under this new law must certify on its first return each calendar year to the tax service provider that it is in compliance with the new law, and employers voluntarily choosing to use the E-Verify system must make a similar statement of compliance. Employers subject to this requirement must retain a copy of the documentation provided by the new employee and any official verification granted for at least three (3) years. In the event an employer obtains knowledge that a new employee is unauthorized to work, the employer is prohibited under the new law from continuing to employ the individual.

The new law requires the Florida Department of Economic Opportunity (DEO) to enforce penalties requiring repayment of any economic development incentives or revocation of all applicable licenses, if the DEO finds or is notified that an employer has knowingly employed an individual who is not authorized to work. The new law further prohibits counties and municipalities from providing funds to any person, entity, or organization that issues identification documents to individuals who do not provide proof of lawful presence in the United States.

 

Action Items

  1. Implement E-Verify procedures for verifying work authorization.
  2. Update tax procedures for verifying compliance with the new law.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase