E-Verify in Florida
Penalty For Not Using E-Verify in Florida Payroll

Starting July 1, 2023, all Florida businesses that have 25 or more employees need to E-Verify new hires. If not they can incur un high penalties and even have their business shut down. In this video we discuss what are the penalties for not using E-Verify.


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This video is intended for education purposes and should not be taken as legal, financial or tax advice. You should consult with a professional about your unique situation before acting on anything discussed in these videos. Freedomtax Accounting and Multiservices Inc., Freedom Insurance Financial Inc., Freedom Realty Source Inc., and Freedom Immigration International Inc. are providing educational content to help small business owners and individuals become more aware of certain issues and topics, but we cannot give blanket advice to a broad audience. Freedomtax Accounting and Multiservices Inc., Freedom Insurance Financial Inc., Freedom Realty Source Inc., and Freedom Immigration International Inc. or its members cannot be held liable for any use or misuse of this content.


You are a business in Florida and you have 25 or more employees, any new hire, you must process through the government’s E-Verify system, which is the new Florida law to tackle illegal immigration in the state of Florida. Now, if your business does not comply with this new rule, your business may face severe penalties and even get shut down. So that’s what we’re going to talk about in this video. Hello from Freedom Group. We are a group of four companies where we provide accounting, tax, immigration, real estate, insurance, and financial planning services for small business owners. So we can help you in many ways. So to talk about the penalties that your business may incur if you don’t follow this new EVerify payroll law in Florida, I’m going to bring my co worker, Mr. Danny Martinez. Danny, how are you?

Doing well.

Good. Danny is our expert in everything payroll related here at Freedom Tax Accounting. Danny, we know that starting July first, 2023, the new Florida law came to effect that any Florida business that has 25 or more employees, and they hire new employees, these new employees they need to go through the federal government’s E-Verify system, correct?

Correct. Florida is not the only state doing this. There are eight other states doing this, going back as far as.

2016, Florida is the most recent state that implemented this E-Verify system.


As we know, if Florida businesses don’t comply with this new payroll basic payroll law in Florida, they may incur in severe penalties.

That is correct. T here’s two levels, if you will, of those penalties, which is what we’re going to discuss today.

What would be the first level of penalties?

Well, the first level is when an employer fails to E verify their new employees in a 24 month period. If they fail to E verify any employee in three instances in which they fail to verify their new employees in a 24 month period, the government will keep taps on that and this is what will happen. The Department of Economic Opportunity will notify the employer to let them know that they have 30 days to cure that non compliance is. That’s the first time they catch them, if you will. Now, going back to what I said earlier, if the employer fails to use the E-Verify system three times in a 24 month period, then they will be charged a $1,000 per day penalty until the non compliance is secured.


They are in non compliance, they have to know that their licenses are subject to suspension and revocation.


So they could potentially lose their business with this type of non compliance. Excuse me. This first tier of non compliance. Now, there’s a second tier of non compliance, which is when the employer knowingly, it is proven without the shadow of a doubt, that the employer knowingly employs unauthorized individuals. When that happens, right off the bat, one year probation.


That one year probation, the employer is required to submit quarterly reports of not only payroll reports, but also the amount of employees that came on board and they have to document how and when they verify the employment eligibility for their that individual, for those individuals. Wow. Immediate $1,000 per day penalty until the non compliance is fixed. This is not, well, let me see later if I give you 30 days to fix the non compliance. No, this is immediate $1,000 per day non compliance penalty. And another thing that will happen immediately will be that the business licenses will be immediately suspended and or revoked.

Wow. Basically, they’re going to shut your business down.

If you fall on that second tier of non compliance, believe me, the business will be shut down at the very least 30 days.

Okay. B asically, Danny, do we offer assistance for our payroll? Because here at Freedom Tax, we do offer payroll services. Do we help employers keep compliant with this new law?

That is correct. If you have an agreement with us to do your payroll, we will make sure that your company is registered and in compliance. Any and all new employees will make sure that go through E V erify to verify employment eligibility.

Perfect. Now you know the penalties. Now you know it is serious that your business, if you have a Florida business and you have 25 or more employees, any new hire that basically you hire from July first forward, any new hire must go through the new E-Verify system to make sure that this new hire is eligible to work in the United States, basically. So don’t risk losing your business because the government can shut you down. So call us at 4073441012 if you need assistance with this new government E-Verify system for all is businesses in Florida. Thank you for watching this video. I hope you have received valuable information. If you have, like this video and share it with another person that can take advantage of this information.

Thank you for watching and God bless.

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Remember that we are part of Freedom Group, a conglomerate of companies dedicated to providing quality services in accounting, taxes, financial consulting, insurance, real estate, and business incorporation, among others.

As for your finances, we can help you with everything you need.

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