Short answer. Yes for private employers with 25 or more employees. Separate rules cover public employers. A penalty is stated.
At a glance
- Private employers
- Private employers with 25 or more employees must use E-Verify for each new employee, within three business days after the employee starts working for pay.
- Public employers
- Every public agency, including a business acting on a public agency's behalf, must use E-Verify for new employees.
- In effect since
- July 1, 2023 for private employers with 25 or more employees.
- Penalty
- After a notice and 30 days to cure, an employer found to have skipped E-Verify three times in 24 months is fined $1,000 a day until it shows compliance, and state licenses can be suspended until the violation is fixed.
- Who enforces or publishes it
- FloridaCommerce (sanctions) and the Florida Department of Revenue (yearly certification)
In the official wording
Private employers
"public agencies and private employers with 25 or more employees are required to use the E-Verify system"
Public employers
"All public employers."
Effective date
"Beginning July 1, 2023, section 448.095, Florida Statutes, requires"
Penalty
"it must impose a fine of $1,000 per day until the employer provides proof of compliance"
Three example businesses
- 8 employees, private, no state contract: Not required by the headcount rule. See why
- 40 employees, private, no state contract: Required. See why
- 40 employees, private, with a state contract: Required. See why
Your own numbers: open the checker for Florida.
Worth knowing
Covered employers certify that they use E-Verify on the first reemployment tax return they file each calendar year. Bills to cover every private employer (HB 197 and SB 1278, 2026 session) both died on March 13, 2026, so the 25-employee line stands.
Not stated on the pages we opened: a rule for state contractors and limits on how E-Verify is used.
Hiring someone remote in New Jersey? MCC Solutions acts as an I-9 authorized representative: we meet the new hire, examine the original documents and complete Section 2 for you, from $65 per employee. E-Verify cases are created by the employer, in its own E-Verify account; we don't create them.
Official sources
- New Employee Eligibility and E-Verify: Frequently Asked Questions, Florida Department of Revenue
- HB 197 (2026) staff analysis, Commerce Committee, Florida House (current-law section)
- HB 197 (2026) bill history, Florida Senate
- SB 1278 (2026) bill history, Florida Senate
General information, not legal advice. Checked November 2026. Federal rules on Form I-9 and E-Verify timing are on the all-states table.
Common questions
Do private employers in Florida have to use E-Verify?
Private employers with 25 or more employees. Private employers with 25 or more employees must use E-Verify for each new employee, within three business days after the employee starts working for pay. The official wording: "public agencies and private employers with 25 or more employees are required to use the E-Verify system."
Does Florida require E-Verify for public employers?
Every public agency, including a business acting on a public agency's behalf, must use E-Verify for new employees.
When did the Florida rule take effect?
July 1, 2023 for private employers with 25 or more employees.
What penalty does Florida law set?
After a notice and 30 days to cure, an employer found to have skipped E-Verify three times in 24 months is fined $1,000 a day until it shows compliance, and state licenses can be suspended until the violation is fixed.
Is a Form I-9 still needed in Florida?
Yes. Every employer completes Form I-9 for each hire under federal law, and an E-Verify case is created from the finished form, so the state rule adds to the I-9 rather than replacing it.
All states: E-Verify requirements by state · California · Georgia