The Florida Department of Revenue has issued a new annual certification process that requires certain employers to certify that E-Verify (or the I-9) was used to confirm the employment eligibility of newly hired employees.
What we'll cover
- Legal Requirement
- Penalties
- Frequently Asked Questions
- Download the Tax Information Publication (TIP)
About the employer E-Verify Certification requirement
Effective July 1, 2023, the Florida Department of Revenue requires that employers verify the employment eligibility of all employees upon hire, with the following conditions:
- Applies to all private employers with at least 25 employees in Florida
- Applies to any worker hired on or after July 1, 2023
- Eligibility must be verified within three business days of the worker's first day of work
Legal Requirement
Section 448.095, Florida Statutes (F.S.), requires employers to verify each new employee’s employment eligibility within three business days after the first day that the new employee begins working for salary, wages, or other remuneration.
Penalties
The Florida Department of Commerce is required to issue a fine of $1,000 per day if it is determined that the E-Verify system was not used three times in a 24-month period. The fine will continue to accrue until the employer demonstrates compliance with the law.
Frequently Asked Questions
Which businesses are required to complete this certification?
Each public agency, private employer with 25 or more employees, or employee leasing company required to use the E-Verify system must certify. If you are not a public agency or private employer with 25 or more employees, and you use the E-Verify system to validate employment eligibility, you are not required to certify use of E-Verify, but may elect to voluntarily.
When is the deadline to complete certification?
Certification must be completed by the last day of the month following the quarter in which the first reemployment tax return is due in the calendar year. For most employers, that means the certification is due by January 31st each year.
Who from my business can certify?
Certification must be completed by either (1) the individual owner; (2) the corporate president; treasurer, or other principal officer; or (3) a partner or member/managing member. The certification statement should be signed and dated if the employer, public agency, or employee leasing company uses E-Verify at the time of certification.
Can OnPay complete the certification for me?
No. Third Parties are not authorized to certify use of the E-Verify system on behalf of an employer. Third Parties will continue to file reports with the state Department on behalf of the employer, and the employer must separately certify the use of E-Verify by using one of the three methods below.
How often is the certification required?
Certification must be completed each calendar year that the business used E-Verify or the I-9 to confirm employment eligibility of each new employee.
Where can I find the Employer E-Verify Certification?
OnPay clients can go to the Company menu, to find the form in the Florida's Payroll Taxes page.
Download the Tax Information Publication (TIP)
More details are in the Florida Department of Revenue's Tax Information Publication (TIP)
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