Florida E-Verify Employment Law 2023 – How to Comply

On May 10, 2023, Florida’s Governor DeSantis passed a new law, SB 1718 (Florida E-Verify Employment Law 2023), stating that all Florida-based employers are required to use the e-Verify system (available at e-verify.gov) to confirm their new hires’ eligibility to work. This system must be used within three days of each new employee’s start date. This law will come into effect on July 1, 2023.

Who does this apply to?

The Florida E-Verify Employment Law 2023 requirement affects all public employers and private employers with 25 or more employees. However, private employers with fewer than 25 employees can also voluntarily comply. Applicable employers must certify the employment eligibility of all of their employees performing services within the state of Florida.

Who can certify the eligibility?

The certification can only be signed by authorized individuals within your company. These could be an individual owner, a corporate president, treasurer, or a principal officer. For partnerships, a partner or a managing member can sign the certification. Third-party service providers are not allowed to certify on your company’s behalf.

Certification must be signed only by authorized personnel of the employer:

  • Individual Owner
  • Corporate president, treasurer, or principal officer
  • Partner or member/managing member

Capital Payroll Partners or other Third-Party personnel are NOT and CANNOT be authorized to sign on behalf of the employer.

When do you have to certify?

Certification is required with or before the employer’s first FL Reemployment Tax Return every year (due in JAN, reporting Q4 for the prior calendar year). Certification is required only for employees hired on or after July 1st, 2023.

How to certify?

There are three ways to certify for the Florida E-Verify Employment Law 2023:

  1. If the SBO/TPP provides paper forms for FL SUTA (RT-6 & RT-6A), the Employer may sign the certification on one or both of those forms prior to mailing to the agency.
  2. Employers can download, complete, and mail the Employer E-Verify Certification form (RT E Verify) at the link provided below.
  3. Because Capital Payroll Partners and TPPs are not authorized to certify on behalf of the employer, the FL XML File – FL SUTA (efile) does not fulfill the requirement for employer certification. Employers that use the efile option must complete the stand-alone, hard-copy Employer E-Verify Certification (RT E Verify) form.

Please be aware that noncompliance with this new law could lead to significant penalties. The Florida Department of Commerce will issue a fine of $1,000 per day for employers who fail to use the E-Verify system three times within 24 months. The fine will continue until you show that you’re following the law.

Important resources:

We are here to assist you during this transition. Please reach out to us if you have any questions or need more information.