On May 10, 2023, Governor DeSantis signed SB 1718 into law, which requires employers with more than 25 employees to use the E-Verify system for new hires. This law will take effect on July 1, 2023.

Here’s what you need to know:

If you are a private employer with 25 or more employees, you must now use the E-Verify system and complete Form I-9 for new employees hired on or after July 1, 2023.

Documentation retention rules mandate that employers must keep a copy of the verification for at least three years.

Employers using the E-Verify system are presumed to be compliant, creating a rebuttable presumption that they have not knowingly hired an unauthorized worker.

Annual certification is required – covered employers must certify on their first tax return each calendar year that they comply with E-Verify.

Penalties for noncompliance will be enforced starting July 1, 2024.Employers will have 30 days to address noncompliance after receiving notice from the Department of Economic Opportunity (DEO), which will notify businesses before issuing penalties for violations.

E-Verify is a web-based system designed to confirm new hires’ employment eligibility electronically. It cross-checks information from an employee’s Form I-9 with records from the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA). For more detailed information on E-Verify, please visit www.e-verify.gov.

Your provider will not AUTOMATICALLY E-verify for your company if you are currently on a PEO or payroll platform. What are your options?

Option 1 – Employers can register with E-Verify, a web-based platform and online tool, which is free of charge.

Option 2 – Contact your platform provider, and they will give you their particular pricing for this service.