As the Q3 reporting season gets underway, it’s a good time to share a reminder that as of July 1, 2023, employers in the state of Florida with at least 25 employees are now required to use E-Verify to confirm an employee’s work status.
Employment Eligibility Verification for Florida Section 448.095, Florida Statutes, requires that an employer shall verify each new employee’s employment eligibility within three business days after the first day that the new employee begins working for pay.
The law applies to new employees hired on or after July 1, 2023.
Employers are required to verify the employment eligibility of all new employees, using one of the following:
- The Employment Eligibility Verification process, using federal form I-9 issued by the U.S. Citizenship and Immigration Services
- The E-Verify system, a free Internet-based application operated by the U.S. Department of Homeland Security that allows employers to electronically verify employment eligibility of newly hired employees
After July 1, 2023, each public agency and private employer that is required to use E-Verify must certify use of the E-Verify system on its first Florida reemployment tax return filed in a calendar year.
New employers after July 1, 2023, who meet the 25 or more employee mandate and have not yet submitted a return for the 2023 calendar year will need to certify use of E-Verify on their third quarter 2023 return. Existing employers who submitted a return prior to the third quarter of the 2023 will need to certify use of E-Verify on their fourth quarter 2023 return.
Service providers are entities who do not have the statutory authority to certify use of the E-Verify system on behalf of an employer. These entities will continue to file reemployment assistance reports with the Department on behalf of the employer, and the employer will separately certify use of E-Verify by using the Employer E-Verify Certification form, or by filing a Correction to Employer’s Quarterly or Annual Domestic Report (Form RT-8A).
The agency’s E-Verify FAQ is available is available here.
