Several states have introduced new E-Verify bills in this state legislative term. While states have been doing this to some degree over the years since E-Verify was first introduced, we are starting to see a call for expansion of overall usage and for harsher penalties involved for misuse or employment of individuals not authorized for work. This week, Florida legislators have introduced several bills seeking to eliminate the 25 employee minimum requirement and calling for increased fines and revocation of business licenses for non-compliance.
Recently, Florida Governor Ron DeSantis faced criticism for his administration’s perceived lack of enforcement regarding the E-Verify law currently in place.As of July of 2023, Florida employers with more than 25 employees have been required to verify employment eligibility for all new employees, but detractors said the law lacked teeth and that enforcement had been inconsistent.With the second Trump administration taking office in January, the increased focus on immigration led Florida lawmakers to attempt to address the situation through the introduction of a trio of E-Verify bills.
Florida Senate Bill 782 and its companion, House Bill 1033, look to move enforcement of E-Verify processes from the Florida Department of Law Enforcement to the Office of Economic Accountability and Transparency, which is part of the Department of Commerce.Additionally, penalties would be increased to include possible suspension or revocation of business licenses and fines of up to $10,000 for a first offender, with further penalties if an unauthorized worker causes injuries or death to another person. These measures would also change the definition of employee to include individuals who work on an “occasional, incidental or irregular basis”, as well as independent contractors.This is in conflict with current federal law, which does not require an I-9 for independent contractors.
House Bill 955, recently introduced by Florida House Rep. Berny Jacques, seeks to lower the minimum number of employees needed to trigger usage requirements of E-Verify. As previously stated, there is currently a 25 employee minimum base, but HB 955 would eliminate that threshold and effectively require E-Verify usage for all Florida employers.
Employers still not using E-Verify may want to revisit their decisions regarding this process as more states seek to add immigration enforcement provisions. The current federal landscape is putting more pressure on states to assist with immigration enforcement and E-Verify mandates are an easy way to fulfill that goal.While the Florida bills have garnered the most publicity, new E-Verify measures have been introduced in Nebraska, Idaho, Missouri, and Texas. Employers should ensure their I-9 processes are well defined and documented. E-Verify can assist with cementing status as a good faith actor.
