Order calls on state law enforcement to increase the number of audits of companies employing over 200 employees
As previously reported, beginning January 1, 2021, Florida Governor Ron DeSantis implemented legislation that requires all public employers, including local school districts, public universities, and colleges, and state and local agencies, as well as their private contractors, to use E-Verify.
On September 28, 2021, Governor DeSantis issued Executive Order Number 21-223 stating:
“I request that the Commissioner of the Florida Department of Law Enforcement, in consultation with the Attorney General, conduct regular audits of companies doing business in the State of Florida, consistent with available appropriations, to ensure compliance with Section 448.095(3), Florida Statutes, which requires private employers to verify the employment eligibility of new employees. The Commissioner should prioritize audits of publicly traded corporations or companies with more than 200 employees that operate in sectors of the economy known for employing illegal aliens.”
Section 448.095(3) requires private employers to verify the employment eligibility of every newly hired employee hired and every contract employee whose contract is renewed or extended after January 1, 2021. An employer must verify employment by either: (1) using the federal E-Verify system; or (2) retaining a copy of the documentation required by the Form I-9 for at least three years after the employee’s initial date of employment. This effectively puts private employers on an honor system.
The law sets harsh penalties for lack of compliance, including requiring “the private employer to provide an affidavit to the Department of Law Enforcement stating that the private employer will comply with paragraph (b), the private employer has terminated the employment of all unauthorized aliens in this state, and the employer will not intentionally or knowingly employ an unauthorized alien in this state.”
The enforcement procedures are significant, and failure to comply with the law could result in suspension or termination of business licenses.
WE CAN HELP!
Contact Form I-9 Compliance LLC at 866.359.4949 with questions on the complex rules regarding the Form I-9 and E-Verify which require a comprehensive and coordinated effort of planning, communication, and updating efforts. The Form I-9 Compliance LLC partnership approach involves working with employer representatives to understand current I-9 programs, identify existing concerns, trends or problems before outlining a new, customized I-9 program.
The single most important step an employer can take to help ensure they protect themselves from potential fines and criminal charges is to identify and resolve errors, omissions and discrepancies on their I-9 Forms.
Our expert auditors can professionally Audit your I-9s to identify errors, omissions, discrepancies with recommended remediation.
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Form I-9 & E-Verify Solutions
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Electronic Form I-9
Our advanced, web-based technology fully automates the completion, signature, storage and tracking of I-9 forms – making a totally paperless I-9 process possible. The Form I-9 Compliance partnership approach involves working with company representatives to understand current I-9 programs, identify existing concerns, trends or problems before outlining a new, customized I-9 program.
E-Verify
As an E-Verify Employer Agent for Web Services, we provide integrated E-Verify accessibility from either the Electronic Form I-9 or as a standalone service. From initial planning to successful implementation, we assist employers through the E-Verify Memorandum of Understanding completion process and provide all the necessary training and documentation required for E-Verify access.
