Florida Senate Bill 1718 has garnered widespread attention for its sweeping impact on immigration and employment practices in Florida. Signed into law by Governor Ron DeSantis, this legislation is a significant step toward addressing illegal immigration in the state. Effective July 1, 2023, it imposes stringent requirements on employers and individuals while expanding the role of law enforcement. For employers operating in Florida, understanding this legislation and the E-Verify process requirements is critical to ensuring immigration compliance for Florida employers.
What is the E-Verify Process?
Executive Order 12781, issued by President George H.W. Bush issued on November 20, 1991, approving the development of demonstration projects for new methods of determining an applicant’s eligibility for employment.
Initially established in 1996, the Basic Pilot Program was intended to prevent companies from hiring people who had violated immigration laws and entered the United States illegally. Renamed and deployed in 2007, the internet-based system, E-Verify was created to help enrolled employers confirm their employees’ employment eligibility.
The employee’s Form I-9 information is taken and electronically compared to Department of Homeland Security (DHS) and Social Security Administration (SSA) records as part of E-Verify.
Currently, 27 U.S. States mandate the use of E-Verify by some or all employers. Now, 27 U.S. states require using E-Verify by some or all companies.
Florida’s Senate Bill 1718 Florida
Florida Senate Bill 1718, also known as the Immigration Bill, introduces a series of robust measures aimed at curbing illegal immigration. Beyond requiring the E-Verify process requirements for employers, the law imposes additional restrictions on driver’s licenses and identification cards issued to non-citizens, establishes new reporting requirements for healthcare providers, and creates penalties for individuals and businesses violating its provisions.
New Employment Rules in Florida Senate Bill 1718
Under Florida Senate Bill 1718, companies employing 25 or more workers must verify the legal work status of all new hires through the E-Verify system. Employers must ensure they collect and input accurate information, including Form I-9 data, into the E-Verify portal. Failure to comply can result in severe penalties, including fines and potential criminal charges. For businesses operating in Florida, understanding and adhering to these immigration compliance for Florida employers is essential.
Identification Documents Restrictions
The law also invalidates driver’s licenses and ID cards issued to non-citizens by other states. Additionally, local governments are prohibited from funding driver’s license programs for undocumented individuals. This restriction extends to professional licensing, further limiting opportunities for non-citizens to work in regulated industries.
Healthcare Involvement in Florida Senate Bill 1718
Healthcare facilities that accept Medicaid reimbursements now face new reporting requirements under Florida Senate Bill 1718. These institutions must collect and report patient citizenship status and track expenditures related to undocumented individuals in their emergency departments. The collected data must be submitted to the state’s Agency for Health Care Administration.
Unauthorized Alien Transport Program
The bill also allocates $12 million to the Unauthorized Alien Transport Program, (link bozuk) allowing the transportation of undocumented individuals across state lines. This initiative builds on prior actions by Governor DeSantis, such as transporting immigrants from Texas to Martha’s Vineyard.
Penalties Under Florida Bill 1718
Employer Non-Compliance with Employment Rules
Florida Senate Bill 1718 creates penalties for employers that do not comply with the E-Verify requirements beginning July 1st and face a fine of $1,000 per day until the error is rectified.
After receiving constructive information that an employee or prospective employee is an unauthorized alien, employers cannot employ or continue to hire the individual.
After receiving constructive information that an individual is illegal, employers cannot continue to employ an illegal alien. It is unlawful to knowingly hire, hire, recruit, or refer any person not authorized to work under immigration law or the Attorney General of the United States under Florida Statute Section 448.09.
False Identification Documents
The use of falsified identification documents is now classified as a third-degree felony under Florida Senate Bill 1718. Convictions carry penalties of up to five years in prison, $5,000 in fines, and probationary supervision.
Transporting Illegal Immigrants into Florida
Transporting undocumented individuals into or within Florida is considered human smuggling under the new law. Offenders face severe penalties, including prison sentences of up to 15 years and fines of $10,000. Organized smuggling operations face even harsher consequences under Florida’s RICO statute.
The State’s Role and Powers
The legislation expands the Florida Department of Law Enforcement’s (FDLE) authority to include I-9 audits and immigration enforcement. FDLE officials can collaborate with federal agencies to verify legal statuses, enforce federal laws, and collect DNA samples from individuals issued immigration detainers. This enhanced role underscores the law’s emphasis on robust immigration enforcement.
What Florida Employers Need to Do
To ensure immigration compliance for Florida employers, companies should take proactive steps to meet the new requirements. Registering for the E-Verify system is crucial. Employers should familiarize themselves with the portal, train staff on its use, and ensure all new hires are properly verified. Consulting a knowledgeable business attorney can provide additional guidance and help address any compliance challenges.
Employers should also audit their current workforce to confirm all employees meet legal work eligibility requirements. Keeping thorough documentation of compliance efforts is critical in mitigating potential penalties during audits or investigations.
Stay Abreast of the Law
With Florida Senate Bill 1718 now in effect, businesses must prioritize compliance to avoid legal and financial repercussions. The law introduces stricter enforcement measures, emphasizing the need for due diligence in meeting E-Verify process requirements and adhering to all other provisions.
For assistance navigating this complex regulatory landscape, consult legal professionals experienced in business and immigration law. Boyer Law Firm offers tailored support to help you maintain compliance and protect your business. Contact us through our online form or by calling (904) 236-5317 in Jacksonville, (407) 574-2573 in Orlando, or (305) 921-9665 in Miami.
