Florida Guide · Updated 2026

Florida E-Verify Requirement (SB 1718)

Florida has one of the strictest state E-Verify mandates in the country, layered on top of the federal Form I-9 — and it reaches most mid-sized private employers.

Who must use E-Verify

Under Fla. Stat. § 448.095 (SB 1718, effective July 1, 2023), private employers with 25 or more employees must run every new hire through E-Verify within 3 business days of the start date. Independent contractors and in-home casual labor are excluded.

Recordkeeping & certification

Covered employers must retain E-Verify documentation for 3 years and certify compliance annually on their reemployment-tax return. If E-Verify is inaccessible for three business days, document the outage and use Form I-9.

The penalties

Penalties under Fla. Stat. § 448.09 began July 1, 2024: a 30-day cure period, then probation, fines, and license suspension or revocationfor knowingly employing unauthorized workers. A pending bill (HB 197) would extend the mandate to all private employers, but it is not yet enacted.

Practical takeaways

Confirm whether you cross the 25-employee line, register for E-Verify and build the 3-business-day step into onboarding, keep records for 3 years, calendar the annual certification, and never use E-Verify to pre-screen applicants before hire or to treat workers differently by national origin.

This guide is general HR information, not legal advice, and doesn't replace legal counsel. Specifics should be tailored to your business and, for high-stakes or fact-specific matters, reviewed by a qualified Florida employment attorney.

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