Quick Hits

• Florida legislation proposes eliminating the twenty-five–employee minimum threshold requiring private employers to use E-Verify, effectively requiring all private employers to use E-Verify for their workforces, regardless of size.
• The legislation proposes to include independent contractors within the definition of “employee” for E-Verify purposes, breaking from federal law, which does not require an I-9 for such individuals.
• The legislation proposes significant business license and financial penalties for noncompliance as well as if an unauthorized alien worker causes injury or death to another.

Following the change of presidential administration in late January 2025, Florida Governor Ron DeSantis came under pressure by Republican lawmakers for his office’s perceived failure to enforce the state’s current E-Verify statute. This pressure aligns with the Trump administration’s initiative of combating illegal immigration. Shortly after, Governor DeSantis signed immigration legislation into law with respect to penalties for undocumented immigrants and a new State Board of Immigration Enforcement.

The Florida Legislature is now taking steps to strengthen the existing E-Verify laws for private employers. On February 17, 2025, Florida state Senator Jason Pizzo (D–District 37) filed Senate Bill (SB) 782: Immigration, and on February 25, 2025, Florida state Representative Allison Tant (D–District 9) filed House Bill (HB) 1033: Immigration Status and Employment Eligibility. These bills are identical and contain four main proposals:

• revising the duties of the Office of Economic Accountability and Transparency within the Department of Commerce;
• revising penalties for employment of unauthorized aliens;
• revising the definition of “employee”; and
• requiring all Florida employers to use E-Verify regardless of size.

Regarding the first point, the legislation would move the administration and enforcement of the E-Verify system from the Florida Department of Law Enforcement to the Office of Economic Accountability and Transparency, a division of the Department of Commerce.

Regarding the second point, the proposal is to increase the penalties to suspension or revocation of a business license for one year and a fine not to exceed $10,000 for a first-time offender. For a second-time offender, the penalty would be increased to a five-year suspension or revocation of business licenses and a fine not to exceed $50,000. For a third-time offender, the penalty would be increased to a permanent revocation of all business licenses and a fine not to exceed $250,000.

The proposal also includes suspension or revocation of business licenses if an unauthorized alien worker causes injuries or death to another person—five years and up to a $100,000 fine for injuries and permanent revocation and up to a $500,000 fine for death. Any fines collected would be deposited into the Florida Highway Patrol Safety Operating Trust Fund, the creation and operation of which is not publicly available at the time of publication. The current penalties are far less extreme in terms of business license suspension or revocations and do not include monetary fines.

Regarding the third point, the legislation would eliminate the twenty-five-employee minimum threshold for private employers to use E-Verify. It also modifies the definition of “employee” to include individuals who work on an “occasional, incidental, or irregular” basis, as well as independent contractors. The inclusion of independent contractors in this proposal is problematic, considering federal law does not require employers to prepare I-9s for independent contractors; however, an I-9 is required to complete an E-Verify. Regarding the fourth point, the twin bills would allow federal immigration authorities to use the E-Verify system to investigate a detained person’s immigration status.

On February 24, 2025, Representative Berny Jacques (R–District 59) filed HB 955: Employment Eligibility, which proposes to eliminate the required minimum number of employees needed to trigger private employers’ requirement to use E-Verify. The current statute, 448.095, only requires private employers’ use of E-Verify if they employ twenty-five or more employees. HB 995 would eliminate this twenty-five-employee threshold, effectively requiring use of E-Verify for all Florida private employers.

SB 782, HB 995, and HB 1033 all propose to go into effect on July 1, 2025. At the time of publication, all three bills remain in the committee review stage and have each had one of the required three readings. In the Florida Legislature, following three readings, a bill will be put on the floor for a full chamber vote. If it passes in the chamber, either Senate or House, it then goes to the other chamber for an additional vote. If that second vote passes, the bill will go to the governor to sign or veto. The last day of Florida’s regular session is May 2, 2025, effectively making this the deadline for the bill (in its current or modified version) to pass or fail.

Next Steps

The landscape for how private employers engage in employment authorization would change significantly if any of this legislation comes to fruition. Moreover, such legislation would significantly increase the consequences for a purported failure to comply with Florida’s E-Verify laws. Employers may want to review existing E-Verify policies and procedures to ensure compliance with the current statute in preparation for these potential changes.