A Florida Representative has introduced a new bill seeking to mandate employer use of the E-Verify system. The new bill closely follows a similar bill in the state Senate. According to the bill, it would require employers to use the federal system, E-Verify, to verify employment eligibility.

The new bill in question is HB 955, which State Representative Berny Jacques introduced. The bill aims to improve the state’s workforce “integrity” by eliminating previous exemptions to the usage of the employment eligibility verification (Form I-9) system.

E-Verify is a web-based system used to verify a worker’s identity and work authorization documents. After completing Form I-9s with their employees, employers would enter the collected information into the E-Verify system. The system would compare this information to recorded data in the federal databases maintained by the Department of Homeland Security and the Social Security Administration.

According to current laws, public agencies, state contractors, and subcontractors must check their new employees’ work authorization with E-Verify. However, not all private employers must use E-Verify under the current law. Without HB 955, only private employers with over 25 employees must use E-Verify. According to a U.S. Small Business Administration report, over 441,000 Florida businesses have less than 20 employees. HB 955 would eliminate the 25-or-more employee requirement to include the small businesses.

A notable difference between this bill and one sponsored by Florida Senator Jason Pizzo is how they address penalties for violations. Existing penalties for violating E-Verify regulations include fines of up to $1,000 per day in violation, a probationary period of one year, and mandatory quarterly reports to the Florida Department of Commerce. However, Pizzo’s bill, SB 782, seeks to increase these penalties with a fine of $10,000 for the first violation and a one-year loss of business licensure. HB 955 would not change the existing penalties found under state law.

Neither HB 955 nor SB 782 has made its way to committees, nor have companion bills. As a result, the fate of both bills remains uncertain. However, they still present a clear message for Florida employers: They must comply with state and federal employment eligibility verification requirements.

One way employers can ensure they comply with these regulations is to incorporate an electronic Form I-9 management tool into their onboarding system. This tool provides step-by-step guidance, secure digital storage, and an optional E-Verify integration. As such, this system provides HR and management with the tools necessary to ensure a smooth and compliant verification process for every employee.

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