Federal & State Regulations | E-Verify - Florida | J. J. Keller® Compliance Network

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Summary of differences between federal and state regulations

Federal contractors who receive qualifying contracts on or after September 8, 2009, must participate in the E-Verify Program, using it to verify new employees and existing employees assigned to a federal contract (qualifying federal contractors may choose to verify the entire workforce).

In Florida, private employers with 25 or more employees must use the E-Verify system to verify the employment eligibility of new employers. Public agencies must also use the system and must require contractors and subcontractors to register with and use the E-Verify system.

Employers must retain a copy of documentation provided and any official verification generated, if applicable, for at least three years.

Employers using E-Verify establish a rebuttable presumption that they have not violated the law by knowingly employing an unauthorized worker. If the E-Verify system is unavailable for three business days after the new employee's first day of work, employers can establish this rebuttable presumption by using the Form I-9 to verify employment eligibility and documenting the unavailability of the E-Verify system. They can do this by retaining a screenshot from each day the system is unavailable, a public announcement that the system is not available, or other communication or notice recorded by the employer.

Employers have 30 days to cure noncompliance issues after a notice is received from the Department of Economic Opportunity. Employers who fail to use the E-Verify system as required three times in a 24-month period face a fine of $1,000 per day until the noncompliance is cured. After a first violation, an employer will be on probation for one year and will have reporting requirements. Licenses may be suspended or revoked if there are subsequent violations within 24 months after a previous violation.

Covered employers must certify compliance annually. This is done when making contributions to the state's unemployment compensation or reemployment assistance system.