“Below we share a summary of the new requirements for verification of legal immigration status of employees, according to SB 1718, in force in Florida as of 07/01/2023.
It is worth clarifying that if your company does not have more than 25 employees this law does NOT apply to your company, but you still have the obligation to verify the legality of your employees through form I-9 and keep the supporting documents up to date (ex: current work permit).
Employers who will be bound by the E-Verify requirement should take this information into account regarding the new law:
· Compliance dates: Private employers with 25 or more employees must utilize the E-Verify system in addition to completing Form I-9. The law applies to new employees hired on or after July 1. E-Verify utilizes information available to the Social Security Administration and Department of Homeland Security to confirm records and identity. If the records do not match, the system will notify with a “Tentative Nonconfirmation” (mismatch) result. You must give the notice to the employee, who then has 10 days from the issuance of the mismatch to notify you whether they will resolve the mismatch. If the employee cannot resolve the mismatch, they are no longer eligible to continue employment. “Employee” is defined as an individual filling a permanent position under the control of employer. Independent contractors and casual laborers are not considered employees.
· Record retention requirements: For at least three years, the employer must retain a copy of the documentation, as well as any official verification generated.
· Compliance presumed: Employers that use the E-Verify system establish a rebuttable presumption that they have not knowingly employed an unauthorized worker. If the E-Verify system is down for three days, and you cannot timely complete the process for a new hire, you can still benefit from the rebuttable presumption by completing Form I-9 and taking a screenshot each day, documenting that the system is unavailable, or retaining any official notice or communication you received about the system being down.
· Annual certification required: Each employer that is required to use the E-Verify system must certify compliance on its first return when making contributions to or reimbursing the state’s unemployment compensation or reemployment assistance system. An employer that voluntarily uses the E-Verify system may make such a certification on its first return each calendar year in order to document such use.
Additionally, the quarterly salary report form (RT-6) is showing this certification, which must be completed when filing it:
MORE INFORMATION https://www.e-verify.gov/employers