Will E-Verify Be Mandated for All Florida Businesses as Part of Immigration Reform?

Florida could be another state requiring all employers use E-Verify to ensure a legal workforce. But it won’t come without debate and resistance from the Florida Fruit and Vegetable Association, Associated Industries of Florida and the U.S. Hispanic Chamber of Commerce, to name a few. Florida farms and agriculture businesses reportedly employ 120,000 to 150,000 workers, 65% of which are not documented.

Last year, Executive Order 11-02 was signed by newly elected Governor Rick Scott, which requires all Florida state agencies use E-Verify to confirm the eligibility of state employees and contractors. According a press release issued in 2011 by the Governor’s Office, Executive Order 11-02 states:

• All state agencies under the direction of the Governor must use E-Verify system to check employment eligibility of their current and prospective employees.
• Requires state agencies under the direction of the Governor to include in all state contracts a requirement that contractors utilize the E-Verify system to verify the employment eligibility of: all persons employed during the contract term by the contractor to perform employment duties within Florida; and, all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the state agency.

But now, the controversial topic mandating that all Florida businesses use E-Verify for all new employees is back in action. In 2011, while discussions on immigration reform took place, the Florida Legislature failed to enact E-Verify for Florida and the issue fell flat.

To address the issue again in 2012, Representative Gayle Harrell (R-Port St. Lucie) filed House Bill 1315, and Senator Thad Altman introduced Senate Bill 1638 that would mandate Florida businesses use E-Verify when hiring new workers.

HB1315 – Verification of Employment Eligibility

http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=48580  

SB1638: The Verification of Employment Eligibility 

http://www.flsenate.gov/Session/Bill/2012/1638  

We’ll provide you with updates on this legislation as we receive more information.