Under current law in Florida, E-Verify is only mandated for public employers and their contractors. The new law signed on May 10, 2023, changes the requirement to mandate employers with more than 25 employees to use E-Verify. Employers with less than 25 employees would need to use the current I-9 process.

E-Verify is an Internet-based system used to confirm employment eligibility. It compares information entered by an employer from an employee’s Form I-9 (Employment Eligibility Verification) to records available to the U.S. Department of Homeland Security and the Social Security Administration. One of the major differences between the Form I-9 and E-Verify, is that E-Verify requires a social security number and a photo on identity documents.

Private employers with 25 or more employees will be required to use the E-Verify system for new employees, beginning on July 1, 2023. Employers who fail to use E-Verify will be fined $1,000 per day.