Florida Will Require Most Employers to Use E-Verify

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.