We answer common questions about Senate Bill 1718, Immigration. This information was compiled based on bill text and public records available from the state of Florida. It is not intended to serve as a legal interpretation of the law. For legal counsel, please contact an attorney.
What is the new E-Verify law?
Senate Bill 1718 was passed by the Florida Legislature in 2023 and signed into law by Governor Ron DeSantis. The law is effective July 1, 2023.
The law requires private employers with 25 employees or more to use the E-Verify system to verify employment eligibility of all new employees.
Which employees do not have to go through the E-Verify process?
Businesses that employ less than 25 team members do not have to complete E-Verify on new employees under the new state law.
Employees who were hired before July 1, 2023, and have already verified employment eligibility through the I-9 process do not have to complete E-Verify under the new state law.
Individuals hired for casual labor, which is performed within a private residence, do not have to complete E-Verify under the new state law.
Independent contractors hired to perform a specified portion of labor or services do not have to complete E-Verify under the new state law.
How will the E-Verify provisions in this law be enforced?
Beginning July 1, 2024, if the Florida Department of Economic Opportunity determines that an employer did not comply with this law, the department will provide the business with 30 days to comply.
If the Florida Department of Economic Opportunity determines that an employer has failed to comply three times within any 24-month period, the business will be fined $1,000 per day until the business has proven compliance.
Noncompliance also constitutes grounds for suspension of all licenses issued by a state licensing agency until the noncompliance is corrected.
How does the law affect health care?
The law requires hospitals that accept Medicaid to collect data on citizenship status of individuals seeking care and send reports to the Florida Agency for Health Care Administration (AHCA).
Illegal immigrants should not be afraid to seek care from a hospital. The new law does not require any identification on patients to be included in the reports submitted to the state agency.
Patients seeking care at the hospital have the option to answer a hospital admission or registration form to indicate whether the patient is a United States citizen, lawfully present in the United States or not lawfully present in the United States.
How does the law affect transportation?
Individuals who knowingly transport illegal immigrants into the state of Florida will be charged with a third-degree felony. If an individual transports more than one illegal immigrant into this state, the individual will be charged with a separate offense for each illegal immigrant.
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