Florida has passed Senate Bill 664, which requires private employers in the state to verify employment eligibility by using the E-Verify system or completing the Form I-9. All private employers, regardless of the number of employees, must either use the federal E-Verify program or complete the Form I-9. If signed by the governor, the law will take effect July 1, 2020 with employers required to comply by January 1, 2021.
Employers are only required to verify employment eligibility of employees hired after the date the employer registers with an electronic employment verification system, not current employees. State officials may enforce the new requirements and noncompliance will be tied to an employer’s state business license.
Under federal law, completion of the Form I-9 within three business days of hire is mandatory for Florida employers. Use of E-Verify is voluntary (unless required by federal contract or because the employer is in a state that mandates its use). They cannot use E-Verify as a standalone compliance tool. If E-Verify is used, it must be in combination with the Form I-9.
