Verify Florida

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As of May 10, 2023, employers must verify each new employee's employment eligibility within three business days of when the employee begins working, pursuant to section 448.095, Florida Statutes. Beginning July 1, 2023, a private employer with 25 or more employees must use the E-Verify System to verify a new employee's employment eligibility.

 


 

An employer with 25 or more employees must verify a new employee's employment eligibility by using the E-Verify system. Employers with less than 25 employees must verify a new employee's employment eligibility by requiring the person to provide the same documentation that is required by the United States Citizenship and Immigration Services on its Employment Eligibility Verification form (Form I-9). The employer must retain a copy of this documentation and any official verification generated, if applicable, for at least three years.

To ensure compliance, the Florida Department of Commerce (Commerce), the Florida Department of Law Enforcement, the Attorney General, the State Attorney or the Statewide Prosecutor may request the employer to provide copies of the documentation relied upon by the employer for the verification of a person’s employment eligibility.

If you believe that an employer is not verifying employment eligibility for employees hired on or after May 10, 2023, you may notify Commerce by sending an email to EVerifyCompliance@commerce.fl.gov

Please Include:

  • Your contact information, including your name, address, telephone number, and email address.
  • An explanation of your good faith belief that a private employer is not verifying employment eligibility for employee’s hired on or after May 10, 2023, pursuant to Section 448.095, Florida Statutes.
  • The employer’s contact information, including the business name, business address, business telephone number, business email, and the employer’s name.

If the E-Verify system is unavailable for three business days after the first day the new employee begins working and the employer cannot access the E-Verify system to verify employment eligibility, the employer must use the Form I-9 to verify employment eligibility. The employer must document the unavailability of the E-Verify system by retaining a screenshot from each day which shows the employer's lack of access to the E-Verify system, a public announcement that the E-Verify system is not available, or any other communication or notice recorded by the employer regarding the unavailablity of the E-Verify system. 





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