Florida Statute 448.095 requires every private employer with 25 or more employees to use the federal E-Verify system to confirm work authorization for new hires beginning July 1, 2023, with public agencies and contractors subject to broader requirements.
Section 448.095, Florida Statutes, mandates that every private employer with 25 or more employees verify each new employee's work authorization through the U.S. Department of Homeland Security E-Verify system within three business days after the first day of work. Public employers, contractors, and subcontractors must also use E-Verify regardless of size. Employers must retain E-Verify documentation for at least three years and certify compliance on their first reemployment assistance tax return each calendar year. Three violations within 24 months trigger a $1,000 per day fine and suspension of business licenses by the Florida Department of Commerce until compliance is shown. The statute occupies the field statewide; local governments cannot waive or expand E-Verify obligations beyond what FS 448.095 prescribes.
Employers get 30 days to cure a failure to use E-Verify; three violations within any 24-month period trigger $1,000-per-day fines and license suspension by the Department of Commerce under FS 448.095(5).
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