On May 10th, 2023, Florida Governor Ron DeSantis signed Florida Senate Bill 1718, which according to the law, targets illegal immigration by aiming to minimize the employment of undocumented workers in the state. This law will go into effect on July 1st, 2023, and requires public and private employers with twenty-five or more employees to use the E-Verify system to verify all employment eligibility. Please visit flsenate.gov to learn more about the bill.

What is the E-Verify System? 

  • The E-Verify system is an online database where employers can confirm the employment eligibility of employees.
  • The Department of Homeland Security (DHS) and the Social Security Administration (SSA) take information from the employee’s I-9 Form and compares it to their DHS and SSA records.
  • At least twenty-seven states currently require that employers use this E-Verify system.

Penalties Arising From the Bill

Bill 1718 includes some of the nation’s strictest penalties regarding employment requirements. According to Florida Statute Section 448.09, it is unlawful to knowingly employ, hire, recruit, or refer any person who does not have authorization to work through immigration laws or the Attorney General of the United States. Employers will be penalized for employing unauthorized aliens once they have determined that the individual is illegal. Failure to comply with the stipulations of Bill 1718 includes:

  • A fine of $1,000 per day after 24 months of not accurately using the E-Verify system thrice. The fine will remain until the employer can rectify that they comply with the bill.
  • After the second consecutive penalty, a $2,500 fine can be given to the employer, including a misdemeanor charge. Employers can even risk the loss of their state licenses and may be required to pay for additional expenses.
  • Florida will no longer recognize permits or driver’s licenses issued to undocumented individuals from other states. Therefore, these undocumented individuals will no longer be eligible for a Florida driver’s license.
  • Illegal aliens that submit false identification documents are subject to being charged with a third-degree felony and a fine of $5,000 as well as up to five years in prison or probation.
  • Any transportation of an illegal immigrant across state lines into Florida state lines is classified as a third-degree felony and can be given a human smuggling charge.
  • The Florida Department of Law Enforcement (FDLE) is pushing to enforce these immigration matters by providing many individuals with I-9 audits.

Note: Individuals who have entered the United States legally are not subject to Florida Senate Bill 1718; thus, Floridians who transport these individuals are also not subject to potential felonies or smuggling charges.

Public Backlash Formed by Bill 1718 

As news that Florida Senate Bill 1718 broke out, there has been extensive backlash from the public. Latino truck drivers in Florida have been vowing to stop their deliveries across the state, and public protests have started a state-wide movement in solidarity with the Hispanic communities. A statistic from the American Civil Liberties Union states that immigrants pay over 90 billion dollars in taxes yearly. According to the American Immigration Council, 4.5 million immigrants (foreign-born individuals) comprised 21 percent of the population, and more than 425,000 Florida citizens lived with at least one undocumented individual. These staggering statistics provide some insight into why the community has become enraged at the harsh stipulations of Florida Bill 1718.

As many vow to continue the movement against Bill 1718, the office of Rivera Law wants our undocumented community to know that we stand alongside you. If you have questions or concerns regarding your immigration status or want more information, don’t hesitate to contact us at (561) 651-9322 OR visit our home page now.