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Florida's New Mandatory E-Verify Law
Nov 20, 2024 8:00:00 AM
Effective 01/01/2021 the State of Florida requires all public employers, including local school districts, public universities and colleges, and state and local agencies, as well as their private contractors, to use E-Verify.
- Every public employer, contractor, and subcontractors in Florida must enroll in and use E-Verify to confirm eligibility for all NEW employees.
- No public contract can be entered into without an E-Verify certificate. Any subcontractor must provide the contractor with an affidavit, which must be retained by the contractor the duration of the contract. The affidavit must state the subcontractor does not employ, contract with, or subcontract with unauthorized aliens. This is needed for all public projects.
- Private employers are not required to use E-Verify unless they have a contract with a public employer or they have applied for tax payer funded incentives through the Department of Economic Opportunity.
- All employers must complete and maintain “I-9 Employment Eligibility Verification” forms for the duration of employment and for at least one year after employee is terminated or three years from hire, whichever is later under Federal law. In addition, new Florida law requires any private employer who does not use E-Verify to maintain copies of documents from the I-9 for 3 years.
Next Steps Before the Deadline:
Florida public employers and those who bid on public contracts should be ready to comply with the new law by updating their onboarding and new hire practices.
Private employers who chose not to E-Verify should continue to complete and maintain I-9 verification records and retain copies of documents that were reviewed. The enforcement procedures under the new mandate are significant and failure to comply could result in suspension or termination of your business license.
- FrankCrum will be happy to register your company with E-Verify so you may have the Company ID number assigned and documents your public contract may require and to remain in compliance with the new law. The cost is $4.00-$6.00 per new hire on the contract. If you would like us to provide the service for you, please reach out to our Business Affairs team at: legal@frankcrum.com
- You may also chose to E-Verify for your company free of charge. You will need to register your company on the E-Verify website, watch a tutorial, and take a short test to complete registration. Your payroll representative will need the E-Verification report attached to the I-9 or the E-Verify confirmation number written at the top of the I-9 when you submit new hire paperwork.
We would like to remind our clients the E-Verify & I-9 compliance is your responsibility, not FrankCrum’s. Please act now to ensure you are in compliance as of January 1, 2021.
