Q&A – Is Florida Enforcing Its E-Verify Law?
Each day I feature a listener question sent by one of these methods.
Email: brianmudd@iheartmedia.com
Social: @brianmuddradio
iHeartRadio: Use the Talkback feature – the microphone button on our station’s page in the iHeart app.
Today’s Entry: Submitted via Talkback asking about whether the state of Florida is enforcing its E-Verify law to combat illegal immigration.
Bottom Line: It’s a great question as we continue to see and feel the impact of illegal immigration within our communities. The state of Florida put a comprehensive law into place aimed at combating illegal immigration in 2023. Specific to the topic of E-Verify, here’s what that law called for:
- Private employers with 25 or more employees must use E-Verify for all new hires.
- “Employee” is defined as an individual filling a permanent position under the control of the employer.
- Penalties will be effective July 1, 2024, and the Department of Economic Opportunity (DEO) must notify an employer prior to the issuance of any penalty.
And as for what those penalties will look like for employers who play fast and loose with the law...
- For a first violation, there will be a one year probation period and quarterly reporting to the DEO will be required.
- For a repeat violation within 24 months, suspension or violation of all licenses will occur, with the period of suspension being based on the number of unauthorized workers found.
- For three violations within 24 months, a $1,000 a day fine will apply until the violation is cured.
And as for a would-be employee who tries to cheat the system...
- Knowingly using false or fraudulent documentation for the purposes of obtaining employment will be considered a third degree felony.
Unlike Florida’s previous E-Verify laws, where only government agencies were compelled to comply with E-Verify requirements, there’s real teeth to this one...at least in theory. Let’s start with a check of the use of E-Verify in Florida.
Over the past year 108,116 total employers used the E-Verify system. That’s an increase of 26,405 employers, or 32%, since the implementation of the law a year and a half ago. So, we have seen a meaningful increase in participation among Florida’s employers with the implementation of the new law. As for whether the law is being enforced? The answer is yesish.
The Florida Department of Commerce, in conjunction with the FDLE, is currently investigating at least 40 companies around the state for potential violations of the law. Letters of potential non-compliance were sent in January demanding that the potential violators provide copies of all employment verification information. Among the businesses currently under investigation: Marriot, Circle K, Cleveland Clinic, 7-Eleven and Trulieve. That’s not to say that there haven’t been issues with enforcement. There have been issues.
Administrators claim that funding has been lacking limiting the speed and depth at which state agencies are able to address potential violations. Also, with Florida’s law stipulating employers with 25 or more employees must comply, there have been apparent issues with companies that have grown to over 25 employees potentially flying under the radar, while companies that may now have fewer than 25 employees being caught up in a state investigation (as is the case with one local business owner).
Notably there are multiple bills currently under consideration during the state legislative session aimed at addressing these issues. It remains to be seen what will become of the proposals, if anything, a proposal that has a realistic chance of being enacted would mandate E-Verify for all employers in the state regardless of size which would solve one of the two biggest challenges regulators have encountered to date. The other key piece, funding, needs to be addressed within the budget itself.
Should the state pass a sweeping E-Verify law in this session, it’s also likely they’ll up the funds for enforcement as well. To be continued...