Florida Governor Rick Scott has signed an executive order that requires all state agencies to use E-Verify. Florida joins a growing number of states that have some version of a mandatory E-Verify law or executive order. Executive Order No. 11-116 (supersedes 11-02) requires state agencies to use the E-Verify system to verify employment eligibility of state employees.
Also, the order also requires state agencies to include in all state contracts a requirement that contractors and sub-contractors utilize the E-Verify system to verify the employment eligibility of:
- all new employees hired by the contractor during the contract term; and
- all new employees hired by a subcontractor during the contract term.
The requirement applies to “all contracts for the provision of goods and services to the state in excess of nominal value….” While “nominal value” is not a term defined in law, some Florida government agencies have set a minimum contract amount for which the E-Verify requirement would attach.
The Florida State Legislature is also expected to consider a bill that would require private employers to use E-Verify.
Brevard County, Florida requires E-Verify for County Contracts
Participation in E-Verify is now required to hold a public contract in Brevard County, Florida. In September 2018, the Brevard County Commission passed a resolution that reads, in part: “The county shall not enter into or renew a contract for goods or services with a vendor/contractor that is not enrolled in E-Verify. Any vendor/contractor providing goods or services to the county shall be contractually required to utilize E-Verify to confirm the employment eligibility of any employee hired during the contract term.” Employers who use E-Verify in good faith are protected from penalties in the event that it is found that they employed an unauthorized worker who was deemed authorized by E-Verify.