Do you own a private or public business or company with at least 25 employees? If so, you may need to know about the recently passed Florida Bill 1718 by the state legislature. If signed, this senate bill will require employers like you to verify your new employees’ employment eligibility through the E-Verify system. The bill was enrolled by Florida State on May 2, 2023, and it is expected to take effect on July 1, 2023, if Governor Ron DeSantis signs it into law.
Here, you will learn everything there is to know about Florida Bill 1718, including how it can impact your business.
Bill provisions
Are you an employee leasing company? If you indicated that your client companies are primarily obligated to use the E-Verify system in a written understanding or agreement, then it won’t be necessary for you to verify the employment eligibility of new employees in those client companies.
However, if you own a public agency, then you must indicate in the contracts with subcontractors and contractors to use the E-Verify system and register with it. Additionally, you must emphasize using the system before they can enter into a contract with your company.
What happens if you don’t register?
The Florida Department of Economic Opportunity (DEO) will be checking employers to determine if they are abiding by the new law. If they find that you did not use the E-Verify system, they will notify you about your non-compliance. Once they do, you will be given 30 days to remedy your situation.
If you fail to register in the E-Verify system three times within 24 months, the DEO may impose a $1,000 fine per day until you can show satisfactory evidence proving your compliance.
Who will enforce the law?
The Florida Department of Law Enforcement will be in charge of enforcing the E-Verify law. Until then, you should take the time to monitor significant developments in Senate Bill 1718 and other relevant changes to immigration policy in your state.
Why is there a need for this law?
Mike Caruso, State Representative, explains that Senate Bill 1718 is part of efforts to stop human trafficking. Additionally, the law aims to reduce the negative impacts of illegal immigration in the state. It sounds promising, as many state lawmakers are supporting it.
However, some advocates and community members are questioning its motives. For instance, members of the Haitian American Community in Delray Beach expressed their opposition to the immigration law, saying it can harm any immigrant family. In addition, many leaders of other advocacy groups denounced the bill, believing it goes against immigrant rights and instills fear in communities.
Caruso also voted for Florida Bill 1718, and he admits that there are misconceptions about it that are causing anxiety and fear among communities. According to him, there are rumors that the bill could increase immigrant arrests and make immigrants think twice about going to a hospital as it aims to know an individual’s legal status, citizenship, and US residency. That said, he insists that nobody will call ICE or get arrested for seeking medical treatment.
He also stated that the bill would mandate hospitals to collect information for data-gathering, so these institutions can accurately count the number of individuals relying on the state’s healthcare systems. After all, lawmakers must refer to that information when deciding on the state budget.
Conclusion
Senate Bill 1718, which is currently pending the governor’s approval, will mandate all public and private employers in Florida to begin using the E-Verify system starting July 1, 2023. As an employer, you will have a grace period of 30 days to adhere to the requirements of the new law once it takes effect. If you fail to verify your new employees within this period, you could face a penalty of $1,000 for each day you don’t comply within a 24-month span.
Is your company affected?
Senate Bill 1718 might potentially impact your business, especially if you are helping immigrants find employment in Florida. However, you can always seek help from an immigration attorney in NYC if you think your company and employees will be impacted. Immigration lawyers specialize in providing legal assistance for any immigration issue, including those caused by new laws and changing policies.
Need advice?
If you have questions or concerns about this new bill, don’t hesitate to approach an immigration attorney in NYC from Berd & Klauss, PLLC. The full-service boutique immigration firm is known to support companies with relevant matters. The seasoned immigration lawyers are confident in their ability to help you navigate complex immigration and employment concerns. Call 212-461-7152 to book your appointment.