Lawmakers Considering Two E-Verify Bills
As you know, the Florida Chamber has long advocated for Congress to fix our broken federal immigration system, preferring a comprehensive, federal solution to a state-by-state patchwork of proposed fixes. The Florida Chamber has also consistently opposed any measure that unreasonably burdens Florida businesses.
Both the Florida House of Representatives and the Florida Senate have primed two proposals for the consideration of their respective chambers, but the measures are still far apart. Senate Bill 664 was amended in the last committee stop with several new provisions. The House Bill has not changed since its last stop. Below is a summary of both bills.
| SB 664 | HB 1265 | |
| Requires E-Verify for all government contractors and subcontractors? | Yes | Yes |
| Requires E-Verify for Florida Businesses? | Yes | Yes |
| Can Other Systems Be Lawful Under Certain Circumstances? | Yes, under a “substantially similar” system as defined by Department rule. | Yes, if employee can provide the same documentation required by the Form I-9. |
| Small Business Exemption? | Yes, for businesses under 50 employees | No. |
| What State Entities Have Access to My Employee’s Data? | If your business does not use the E-Verify system, the following entities may ask, and businesses must provide, the complete copies of all records used to establish identity: • Any state agency • Any federal agency | If your business does not use the E-Verify system, the following entities may ask, and businesses must provide, any documentation relied upon for verification of identity: • FDLE • Attorney General • State Attorneys • Statewide Prosecutor |
| May the State Remove Business Licenses for Non-compliance? | Yes | Yes |
| Is a New Cause of Action Created Against Employers? | No, this provision was removed during the committee process. | No, this provision was removed during the committee process. |
| Are Safe Harbors for Liability Created for Law Abiding Businesses? | Yes | Yes |
| Can Anyone File a Complaint Against My Company? | Yes, any individual with a “good faith belief” may file a complaint against a business alleging the hiring of unlawful workers. | No |
We have ten days left in regular session. If your business would be negatively impacted by these proposed bills, please contact Christopher Emmanuel at cemmanuel@flchamber.com soon.
