Did You Know Florida Requires E-Verify? What the Construction Industry Needs to Know

by | Mar 12, 2025

Florida Requires E-Verify - Hero Image

#1 of 5 in our series, “The New ICE Age”

About This Series

The new administration has committed to ever greater enforcement of legal employment laws. Because of its dependence on immigrant labor, Construction is particularly at risk.  In this series, Safe Site Check In will summarize the risks and how project owners and contractors need to prepare themselves for “The New ICE AGE”. We’ll also suggest how Safe Site Check In can help mitigate enforcement risks from owners down to workers.

What Happened in Florida?

Unlike most states, Florida has stepped up its efforts to ensure a legal workforce. As of July 1, 2023, private employers with 25 or more employees are required to use E-Verify, a federal system that verifies the employment eligibility of new hires. This law expands upon previous requirements that applied to public employers and their contractors.

What is E-Verify?

E-Verify is an internet-based system operated by the U.S. Department of Homeland Security (DHS). It allows employers to electronically confirm the employment eligibility of their new hires by comparing information from the employee’s Form I-9 to other federal databases.

E-Verify is, like many government websites, finicky and not particularly easy to use. Confirmations of eligibility are not always immediate, and there’s no estimate when even tentative approval to hire might be forthcoming. 

Employers have to apply to the program to prevent fraudulent use and train their HR resources on its use. Because it requires highly private documents, mostly on paper, there’s high secure filing costs. And there’s no API for other hiring apps to use.

That being said, having a federally approved case file is your best defense against fines, civil or even criminal prosecution based on your direct worker employment and indirectly via subcontractors.

Who is Required to Use E-Verify in Florida?

  • Private employers with 25 or more employees
  • All public employers
  • Contractors and subcontractors of public employers
  • Employee leasing companies (unless they have a written agreement with their client transferring the E-Verify responsibility)
Florida Requires E-Verify - mobile app on phone

What are the Consequences of Non-Compliance in Florida?

Florida takes E-Verify compliance seriously. Employers who fail to use the system as required may face:

  • Notices of non-compliance from the Florida Department of Economic Opportunity (DEO).
  • A 30-day cure period to correct the non-compliance.
  • Fines of up to $1,000 per day for each day they remain in violation after the cure period, specifically for repeated violations (three or more) within a 24-month period.
  • Suspension or revocation of state licenses, permits, and other authorizations required to do business in Florida.
Florida Requires E-Verify - stressed hr manager at desk

What Florida’s Larger Employers Need To Do

  • Enroll in E-Verify: Enroll in the E-Verify program through the DHS website.That in itself will take some time.
  • Train HR Staff: Ensure your HR team understands the E-Verify process and how to use the system correctly.
  • Update Hiring Procedures: Incorporate E-Verify checks into your onboarding process for all new hires, and ensure subcontractors do as well.
  • Maintain Accurate Records: Keep thorough records of all E-Verify cases and related documentation, including copies of Form I-9 and E-Verify results.
  • Consult Legal Counsel: Consult with an immigration attorney.

Key References:

By understanding and complying with Florida’s E-Verify mandates, employers can avoid penalties, contribute to a legal workforce, and ensure a smooth and compliant hiring process.

Safe Site Check In Can Help

Protect yourself and your company by using our digital photo badges and worker profile data and get all your workers building again fast.