Attorney Harrison Oldham

On May 10, 2023, Governor Ron DeSantis of Florida signed a new immigration bill, SB 1718, into law.  This bill imposes tough new penalties and restrictions on undocumented immigrants in Florida, and introduces significant changes for private employers with 25 or more employees that, among other things, requires employers to use E-Verify to ensure workers are authorized to work in the U.S.

Some commentators say that this new bill is in response to the end of Title 42 (which expired on May 11). In any case, the Florida legislature passed this new bill quickly, which has been praised by supporters as necessary and condemned by critics as cruel and potentially leading to law enforcement profiling.  It’s considered among the toughest state level laws passed to date.

Here is a summary of the immigration-related provisions included in the bill:

E-Verify Requirement: Starting from July 1, 2023, private employers with 25 or more employees must use the E-Verify system to verify the employment eligibility of new employees.
Funding Restrictions: Counties and municipalities are prohibited from providing funds to individuals, entities, or organizations that issue identification documents to individuals who cannot prove lawful presence in the United States.
Recognition of Driver’s Licenses: Driver’s licenses issued by other states to undocumented individuals who were unable to prove lawful presence at the time of issuance will not be recognized in Florida.
Collection of Patient Immigration Status: Certain hospitals will be required to collect information on patient immigration status through registration or admission forms.
Admittance to Practice Law: The bill repeals a regulation that previously allowed undocumented immigrants to be admitted to practice law in Florida.

Regarding the bill’s new E-Verify Requirement, the employment verification will need to occur within three business days after the first day the new employee begins working. Employers required to use E-Verify will be required to certify on their annual tax returns that they are complying with the bill’s requirements when contributing to or reimbursing the state’s unemployment compensation or reemployment assistance system.

Finally, covered employers are required to retain documentation and verification records for at least three years. If an employer fails to use the E-Verify system three or more times within a 24-month period, the DEO may fine the employer $1,000 per day and suspend licenses until the employer provides proof of compliance.

Additionally, under the bill, the Florida Department of Economic Opportunity (“DEO”) may impose penalties on a person if they knowingly employ, hire, recruit, or refer for private or public employment, an individual unauthorized to work. Specifically, the DEO is empowered to impose the following civil penalties:

Require repayment of economic development incentives or the revocation of licenses if an employer is found to have knowingly employed an individual who is not authorized to work.

Place the employer on probation for a 1-year period and require that the employer report quarterly to the DEO to demonstrate compliance with the statute;
If a violation of the statute takes place within 24 months after a previous violation, the DEO will be empowered to revoke or suspend all licenses issued by a licensing agency subject to Chapter 120 of the Florida Statutes.

If the subsequent violation involves 1-10 unauthorized workers, the DEO can suspend all applicable licenses held by a private employer for up to 30 days by the respective agencies that issued them.

If the subsequent violation involves 11-50 unauthorized workers, the DEO can suspend all applicable licenses held by a private employer for up to 60 days by the respective agencies that issued them.

If the subsequent violation involves more than 50 unauthorized workers, the DEO can revoke applicable licenses held by a private employer by the respective agencies that issued them.

The new law will take effect on July 1, 2023.

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About Harrison Oldham

Harrison grew up in Mansfield, Texas. He attended Texas A&M University for his bachelor’s degree, where he met his wonderful wife, Kelsey. After graduating magna cum laude from Texas A&M, he attended SMU Dedman School of Law, graduating with honors in 2012. Today, Harrison and his wife live in Dallas, Texas with their son, Teddy.

Since graduating from SMU Law, Harrison has worked exclusively in the field of business law. He has spent time in private practice and in-house, working with clients of every size; from single person startups to Fortune 250 companies. Today his practice focuses on serving the diverse needs of businesses and individuals throughout Texas. You can learn more about Harrison by visiting his website, at: http://lonestarbusinesslaw.com/.

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