Florida E-Verify Requirements for Employers in 2026: What You Need to Know

If your business operates in the Tampa Bay area or anywhere in Florida and you have 25 or more employees, you are legally required to use the federal E-Verify system for every new hire. Florida Statute Section 448.095 - enacted in 2023 and fully phased in by July 1, 2023 - created one of the most comprehensive state-level E-Verify mandates in the country. Employers who ignore this requirement face termination of state contracts, license suspensions, and civil penalties that can threaten the business itself.

This guide covers everything Florida employers need to know about E-Verify compliance in 2026: who must enroll, how the system works alongside your existing I-9 obligations, what exemptions exist, and what happens if you do not comply.

What Is E-Verify?

E-Verify is a federal electronic employment eligibility verification system administered by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration. It allows employers to verify that newly hired employees are authorized to work in the United States by comparing the information on a completed Form I-9 against federal government records.

E-Verify is free for employers to use. Enrollment is done online at e-verify.gov. The system provides an automated response - typically "Employment Authorized," "Tentative Nonconfirmation (TNC)," or a referral for further review - within seconds of submission for most cases.

Who Must Comply with Florida Statute 448.095?

Florida Statute 448.095 applies to three categories of entities:

• Employers with 25 or more employees: Must use E-Verify for all new employees hired on or after July 1, 2023. Employee count is based on all employees, including part-time workers.
• State agencies and contractors: Every agency of the state and any contractor or subcontractor that enters into a public contract for construction, maintenance, repair, or renovation of a public building or public work must use E-Verify, regardless of size.
• Private employers receiving state incentives: Any private employer that enters into a public contract or receives economic incentives through the state or a political subdivision must use E-Verify for new employees working on those contracts or funded positions.

Private employers with fewer than 25 employees are not currently required to use E-Verify under Florida Statute 448.095, unless they fall into the state contractor or incentive recipient categories above.

How E-Verify Relates to I-9 Obligations

E-Verify does not replace the Form I-9. Every employer in the United States - regardless of size or E-Verify status - is required by federal law to complete a Form I-9 for each new hire within three days of the employee's first day of work. E-Verify is an additional step layered on top of I-9 compliance for covered Florida employers.

The correct workflow is:

• Step 1: Complete Form I-9 with the employee on or before their first day of work. Have the employee complete Section 1 and review the identity and work authorization documents the employee presents for Section 2.
• Step 2: Submit an E-Verify case within three business days of the employee's first day of work. You enter the information from the I-9 into the E-Verify system.
• Step 3: Receive and document the E-Verify result. If the result is "Employment Authorized," retain the case number with your I-9 records. If you receive a Tentative Nonconfirmation (TNC), follow the required notice and referral procedures.

Employers cannot use E-Verify to pre-screen applicants before a job offer is made. E-Verify cases must be created only after an offer of employment has been accepted and the I-9 has been completed.

Enrollment Process: How to Get Started with E-Verify

• Go to e-verify.gov and click "Enroll." E-Verify is free.
• Complete the enrollment wizard. You will need your company's legal name, EIN, NAICS code, and the name of the company representative who will manage E-Verify. Each location that hires employees can be enrolled separately.
• Sign the Memorandum of Understanding (MOU). This is the agreement between your company and USCIS/SSA governing the use of E-Verify. It must be signed electronically.
• Complete the tutorial and knowledge test. All new E-Verify users must complete an online tutorial and pass a quiz before the account is activated.
• Train your HR staff on the E-Verify process, the three-business-day submission window, and the Tentative Nonconfirmation procedures.

Employers must post the E-Verify Notice of Participation and the Right to Work posters at each hiring location. USCIS provides these posters through your E-Verify account.

Tentative Nonconfirmations (TNCs): What to Do

A Tentative Nonconfirmation means the information submitted through E-Verify did not match federal records - but it does not mean the employee is unauthorized to work. Name discrepancies, recently updated immigration status, and database errors can all generate a TNC.

The required TNC process:

• Notify the employee promptly and provide the written Further Action Notice explaining the TNC and the employee's options.
• Do not take adverse action. You cannot terminate, suspend, or deny hours to the employee while the TNC is being contested. Doing so is a violation of E-Verify rules and potentially unlawful.
• Employee decides whether to contest. The employee has 10 federal government working days to contact the appropriate agency (SSA or DHS) to resolve the discrepancy.
• Final Nonconfirmation. If the employee does not contest or the agency confirms the employee is not authorized, you may terminate - but only at that point.

Penalties for Non-Compliance in Florida

Florida Statute 448.095 creates significant consequences for employers who fail to use E-Verify as required:

• State contracts and licenses: Any public contract must include a requirement that the contractor uses E-Verify. A contractor that violates this requirement may be terminated from the contract and barred from bidding on state contracts for one year.
• License suspension: Private employers who are required to use E-Verify but knowingly fail to do so may have any applicable state license suspended. The first violation results in a 30-day probationary period to remedy. A second violation results in permanent license revocation.
• Civil liability: Employers may face civil actions by the Florida Attorney General for pattern-and-practice violations.
• Good faith defense: Employers who in good faith use E-Verify for a new hire and receive an "Employment Authorized" result are provided an affirmative defense against state employment eligibility violations for that employee.

Exemptions from Florida E-Verify Requirements

Florida Statute 448.095 provides several specific exemptions:

• Small private employers (under 25 employees) that do not hold state contracts or receive state economic incentives.
• Self-employed individuals who hire no employees.
• Seasonal agricultural workers - employers may use I-9 verification for seasonal agricultural employees rather than E-Verify, in limited circumstances.
• Entities already using an equivalent verification system approved by the federal government.

E-Verify and Federal Law

Florida's E-Verify requirement is separate from federal E-Verify mandates. At the federal level, E-Verify use is currently required for federal contractors and subcontractors (through the Federal Acquisition Regulation) but is voluntary for most private employers. Florida has gone further than federal law by mandating E-Verify for larger private employers statewide.

The interaction matters: employers who already comply with federal E-Verify requirements as a federal contractor will be in compliance with Florida's requirements as well. Employers in industries with federal sector contract work should review both frameworks.