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E-Verify requirement may extend to all Florida businesses as bill advances

By News Service of Florida

The Florida House Commerce Committee on April 7 overwhelmingly approved a bill that would require small businesses to use the federal E-Verify system to check the immigration status of newly hired workers, readying the measure to go to the full House.

The proposal (HB 955) would expand a current requirement that Florida businesses with 25 or more employees use E-Verify to determine if people are eligible to work.

The Commerce Committee voted 19-3 to approve the bill April 7, but the Senate has not moved forward with such an expansion.

Lawmakers in 2023 approved the E-Verify requirement for businesses with 25 or more employees. It replaced a requirement that such businesses use E-Verify or what are known as I-9 forms.

Employers that do not use the E-Verify system three times within any 24-month period face $1,000-a-day fines until they show compliance. Further non-compliance could result in suspension of state licenses.

The state is also considering other changes that could heavily impact small businesses.

On March 25, the Florida House and Senate advanced bills (HB 541 and SB 676) that would allow certain workers in on-the-job training programs—such as internships, work-study, and pre-apprenticeships—to be paid below the state’s voter-approved minimum wage, if they voluntarily opt out. The House version caps the exemption at 12 months.

Supporters, including Republican lawmakers and business groups, argue the measure would help employers train workers and provide young people with valuable experience. Critics, like the Florida AFL-CIO, warn it could be exploited by businesses to skirt wage laws and reduce pay across the board.

Florida’s minimum wage is currently $13 an hour and is set to rise to $15 by 2026 under a 2020 constitutional amendment. Each bill requires one more committee vote before reaching the full chambers.