Florida’s New Immigration Law is a Big Change for Florida Employers

May 18, 2023 Tallahassee, FL

By: Patricia Gannon and Marcela Bermudez

Effective July 1, 2023, employers with 25 or more employees are required to use E-Verify to check the employment eligibility of new hires, under Florida Senate Bill (SB) 1718, a new law signed by Governor Ron DeSantis on May 10.

Currently, Florida has a very narrow E-Verify requirement. SB 1718 creates new state civil and criminal penalties for employing individuals who are not authorized to work in the United States and permits state authorities to audit employers’ compliance with employment eligibility verification requirements. Beginning on July 1, 2023, if the Florida Department of Economic Opportunity (DEO) determines that an employer failed to use E-Verify in compliance with SB 1718, the department must notify the employer of the determination of noncompliance and provide the employer with 30 days to cure the noncompliance. An employer who fails to use the E-Verify system as required by SB 1718 three times in any 24-month period is subject to a fine of $1,000 per day and suspension of state-issued licenses until the noncompliance is cured. The law also requires hospitals and healthcare systems to collect and report statistics on the immigration status of patients

For those foreign nationals who want to hold land or may already own land, Florida introduced SB 264, which restricts ownership of Florida real property by certain nationals and entities of China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela. Affected foreign principals who acquired such land before July 1, 2023, may continue to own or hold it but may not purchase or acquire any additional land or interest in Florida. They are required to register their ownership or holdings with the Florida DEO.

We expect the law will be challenged in the Courts.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group for any further questions or concerns.

Greenspoon Marder LLP’s Immigration and Naturalization Practice Group consists of seasoned immigration attorneys who are focused on providing quality service at cost-effective rates. We have a vast and diverse array of experience in the immigration arena. Our clients include Fortune 500 companies, startups, individual investors, universities, city and state agencies or high-net individuals that operate nationally or globally and are seeking foreign talent. Our clients know that today’s business environment, along with the immigration environment is fluid, and dynamic and can change without much notice.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Florida’s New Immigration Law is a Big Change for Florida Employers

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