Florida Will Require Most Employers to Use E-Verify

May 17, 2023

Beginning July 1, 2023 Florida Employers with at least 25 employees, must begin to use E-Verify and annually report compliance on the annual unemployment report.

Generic compliance alert image

At a Glance

  • Private Florida employers with 25 or more employees will be required to use E-Verify for new employees.
  • Employers must certify their compliance annually on their unemployment return.
  • Effective July 1, 2023.

Florida E-Verify Mandate

On May 10, 2023, Florida Governor Ron Desantis signed SB 1718, an immigration bill, that requires the use of E-Verify by private employers with at least 25 employees. Employers must begin using the Federal E-Verify system by July 1, 2023. E-Verify is a free service provided by USCIS.

Additionally, these employers will be required to certify on their annual re-employment tax return that they are compliant with this requirement.

Employers must also retain documents used to verify employee employment eligibility for at least 3 years. E-Verify should not be used to verify employment authorization or identity for applicants and should only be used to verify newly hired employees within 3 days of hire. Unless an employer is subject to the FAR clause, they should not create an E-Verify case for existing employees.

How Does E-Verify Work?

E-Verify works by electronically comparing the information from an employee’s Form I-9 with records available to SSA and/or DHS to verify the identity and employment eligibility of each newly hired employee and/or employee assigned to a covered federal contract.

Employers are still required to complete Form I-9 for new employees.

Next Steps

Employers who are required to comply with the new legislation should enroll in E-Verify before July 1, 2023. Paylocity clients can choose to add E-Verify to their existing onboarding module, or can enroll with the E-Verify directly by going to the agency website.

Thank you for choosing Paylocity as your Payroll Tax and HCM partner. This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.

011002000114A Compliancedashboard Fullwidth

Keep Up With Compliance

Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.


Manage HR Compliance
Request a Demo