Florida’s economy is dependent on migrant workers, other immigrants and undocumented immigrants. Recently, Gov. Ron DeSantis recently signed a law that requires many employers to use E-Verify. This system verifies if someone has employment authorization, and whether the documents presented are genuine or not. To avoid issues, immigrants looking for work should understand the Florida E Verify law. They may also want to consider hiring a Miami Immigration Lawyer.
What is the Florida E-Verify Law?
Gov. On May 10, 2023, Ron DeSantis enacted Florida Senate 1718. The law took effect on July 1, 2023 and required all private employers who have 25 or more workers to use E-Verify. Prior to this, many private employers were not required to participate. E-Verify was only required for those who had contracts with local, state or federal governments.
Employers often use Form I-9 to verify the legal eligibility of newly hired employees to work in America. Form I-9 requires that the employee completes the form and provides proof of their ability to legally work in America. The Form I-9 must be retained by the employer along with copies of their employee’s eligibility documents. They will need to produce these documents if asked by immigration officials.
The E-Verify Law changed SS. 448.09 of Florida Stat. The new law adds some new words. This revised statute required employers with 25 employees or more to use the E-Verify System starting July 1, 2023. The E-Verify system will be used to verify the eligibility of new employees. Employers cannot rely on documents provided by their employees to prove their legal employment status.
The employer’s E-Verify requirements will be waived if they cannot access E-Verify during three consecutive working days. The employer will need to take screenshots of the system down and keep them as proof that the E-Verify was not completed. The employer must then complete the Form I-9 and retain copies of screenshots, employee’s Form I-9 and the employee’s identity document as well as proof of employment authorization.
Employers who violate the law from July 1, 2024 will be subject to stiff penalties. The Florida Department of Economic Opportunity will notify the employer of the first offense. The employer must then correct the violation within thirty days. If a company has three or more violations in 24 months, then the state can revoke the business license of the employer and fine him $1,000 a day until he fixes the problem.
The DOE can order the employer to repay any economic incentives received by the company if it finds that the employer hired an undocumented worker. The company will be put on probation for a year, and must report to the Department to prove compliance.
If the violation is repeated within 24 months, the license of the employer will be suspended or revoked based on how many employees are not authorized.
Employers who hire up to 10 illegal workers will have their licenses suspended for 30 days.
Employers with 11-50 illegal employees are subject to a 60-day suspension.
Revocation of employer licenses for employers with 51 or more illegal employees
What Is The E-Verify System?
The E-Verify database is operated by the U.S. Citizenship and Immigration Service. Employers can compare the information provided by newly hired employees with the data in the system. The database informs employers if the employee is authorized to work legally in the U.S., and reduces the possibility of document fraud.
What Is An Employee?
According to the law, an employee is anyone hired by an employer for a permanent position where the employer controls the work that they do. The law excludes independent contractors and domestic workers, such as housekeepers or handymen who do casual work in a person’s residence.
Miami Immigration Lawyers Can Help
You should understand how the E-Verify Law could affect you if you are an illegal immigrant who wants to work in Florida. Black Law Company, a Miami law firm, can help you review your situation to determine the best options for you. Call us at (813) 321-7380 for help with immigration services.