Florida has enacted legislation (Senate Bill 664) that amends the state's rules for verifying that newly hired workers are authorized to work in the United States.
Background:
I-9:
The federal Form I-9 is used to verify a new hire's identity and work authorization. All employers must ensure that each employee properly completes the I-9 at the time of hire. The form is broken out into multiple sections:
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Section Name
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Section Overview
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Completion Deadline
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Section 1
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Employee must attest that they are authorized to work in the U.S.
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The employee's first day of work for pay
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Section 2
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Employee must present certain identity and work authorization documents. The employer must examine the document(s) to determine whether they reasonably appear to be genuine and relate to the employee. Employers must record the document number(s) here. In general, there is no requirement for employers to make photocopies. However, if the employer does retain copies, they must do so consistently for all new hires. Photocopies should be kept with the employee's I-9 form.
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Within 3 business days
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Section 3
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If an employee's employment authorization expires, they must present new or updated document(s) and the employer must examine and record the document number(s) here. Employers may also be required to complete this section when rehiring a former employee, depending on how much time has passed.
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No later than the date employment authorization expires
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List of Acceptable Documents
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This section does not need to be completed. It's for informational purposes only.
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E-Verify:
Operated by the Department of Homeland Security in partnership with the Social Security Administration, E-Verify is an Internet-based system that allows an employer to determine a new hire's eligibility to work in the United States. E-Verify is required for some employers; others may choose to use it voluntarily.
Note: If employers choose to use E-Verify, they must use it consistently for all new hires.
Senate Bill 664:
Effective January 1, 2021, private employers must verify a newly hired employee's employment authorization status by:
- Using the E-Verify system; or
- Requiring the person to provide the same documentation required for the federal I-9 and retaining a copy of the documentation for at least three years after the person's initial date of employment.
Note: The above doesn't apply to employees who were hired prior to January 1, 2021 and who are continuing employment.
Access to Documents:
Private employers must, upon request, provide the documents they rely upon to verify employment eligibility to the Department of Law Enforcement, Attorney General, state attorney, or statewide prosecutor.
Other Changes:
Under Senate Bill 664, all public employers, contractors, and subcontractors must register with and use E-Verify to confirm the work authorization status of all newly hired employees. Prior to Senate Bill 664, the requirement was limited to state agencies and certain contractors.
Compliance Recommendations:
Florida employers should review hiring practices and ensure compliance with Senate Bill 664 by January 1, 2021. Please contact your dedicated service professional with any questions.