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--- version:H 197 Filed
+++ version:(document, no version)
@@ -1,45 +1,192 @@
-HB 197  2026
+STORAGE NAME: h0197a.IPA
+DATE: 11/6/2025
+ 1
 
-CODING: Words stricken are deletions; words underlined are additions.
-hb197-00
-Page 1 of 2
-F L O R I D A  H O U S E  O F  R E P R E S E N T A T I V E S
+FLORIDA HOUSE OF REPRESENTATIVES
+BILL ANALYSIS
+This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
+BILL #: HB 197
+TITLE: Employment Eligibility
+SPONSOR(S): Jacques and Michael
+COMPANION BILL: None
+LINKED BILLS: None
+RELATED BILLS: None
+Committee References
+ Industries & Professional Activities
+12 Y, 4 N  Commerce
 
-A bill to be entitled 1
-An act relating to employment eligibility; amending s. 2
-448.095, F.S.; requiring that all private employers, 3
-rather than only those employing more than a specified 4
-number of employees, use the E-Verify system to verify 5
-a new employee's employment eligibility beginning on a 6
-specified date; providing an effective date. 7
- 8
-Be It Enacted by the Legislature of the State of Florida: 9
- 10
- Section 1.  Paragraph (b) of subsection (2) of section 11
-448.095, Florida Statutes, is amended to read: 12
- 448.095  Employment eligibility.— 13
- (2)  EMPLOYMENT VERIFICATION.— 14
- (b)1.  A public agency shall use the E-Verify system to 15
-verify a new employee's employment eligibility as required under 16
-paragraph (a). 17
- 2.  Beginning on July 1, 2026 2023, a private employer with 18
-25 or more employees shall use the E-Verify system to verify a 19
-new employee's employment eligibility as required under 20
-paragraph (a). 21
- 3.  Each employer required to use the E-Verify system under 22
-this paragraph must certify on its first return each calendar 23
-year to the tax service provider that it is in compliance with 24
-this section when making contributions to or reimbursing the 25
+SUMMARY
 
-HB 197  2026
+Effect of the Bill:
+The bill expands Florida’s E-Verify employment eligibility verification requirements so that all private employers
+are required to use the E-Verify system, ensuring that every new hire is legally authorized to work in the United
+States, beginning on July 1, 2026.
 
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-hb197-00
-Page 2 of 2
-F L O R I D A  H O U S E  O F  R E P R E S E N T A T I V E S
+Fiscal or Economic Impact:
+Indeterminate. The bill may have an indeterminate fiscal impact on state government and the private sector.
 
-state's unemployment compensation or reemployment assistance 26
-system. An employer that voluntarily uses the E-Verify system 27
-may also make such a certification on its first return each 28
-calendar year in order to document such use. 29
- Section 2.  This act shall take effect July 1, 2026. 30
+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
+
+ANALYSIS
+EFFECT OF THE BILL:
+The bill expands to all private employers the requirement to use the E-Verify system to verify each employee’s
+employment eligibility, beginning on July 1, 2026. (Section 1)
+
+The effective date of the bill is July 1, 2026. (Section 2)
+
+FISCAL OR ECONOMIC IMPACT:
+
+STATE GOVERNMENT:
+Indeterminate. The bill may have an indeterminate fiscal impact on state agencies related to enforcement.
+
+PRIVATE SECTOR:
+Indeterminate. Businesses may have additional workload related to the use of the E-Verify system1, and some may
+be subject to fines related to violations.
+
+1 E-Verify, History and Milestones, https://www.e-verify.gov/about-e-verify/history-and-milestones (last visited
+Oct. 23, 2025). In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act,  which, among
+other provisions, created various employment eligibility verification programs, including E -Verify. E-Verify is an Internet-
+based system through which an employer can verify that a newly hired employee is authorized to wor k in the United States. E-
+Verify is administered by DHS in partnership with the Social Security Administration. It is free for employers to use and
+provides an automated link to Government records to help employers confirm the employment eligibility  of employees.
+HB 197
+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
+ 2
+RELEVANT INFORMATION
+SUBJECT OVERVIEW:
+Florida E-Verify Law
+E-Verify is a web-based system that allows enrolled employers to confirm the eligibility to work in the United
+States. Florida requires the use of the E-Verify system to verify a new employee’s employment eligibility by:2
+ All public employers.
+ Private employers with 25 or more employees.
+
+Each employer that is required, or who volunteers, to use the E-Verify system, must certify on its first return each
+calendar year to the tax service provider that it is in compliance with the E-Verify requirements when making
+contributions to or reimbursing the state’s unemployment compensation or reemployment assistance system.3
+
+The law provides requirements for employers when the system is unavailable,4 requires employers to retain
+documentation of verifications,5 and prohibits an employer from continuing to knowingly employ an unauthorized
+alien.6
+
+If the E-Verify system is unavailable for the three business days after the first day a new employee begins working
+and the employer cannot access the system to verify the employee’s employment eligibility, the employer must use
+the Employment Eligibility Verification Form (Form I-9) to verify employment eligibility. The employer must
+document the unavailability of the system by retaining: a screenshot each day that shows the employer’s inability
+to access the system; a public announcement that the E-Verify system is not available; or any other communication
+or notice regarding the unavailability of the system.
+
+The following entities may request, and an employer must provide, copies of any documentation relied upon by the
+employer for the verification of a new employee’s employment eligibility:7
+ The Department of Law Enforcement (FDLE);
+ The Attorney General (AG);
+ The state attorney in the circuit in which the new employee works;
+ The statewide prosecutor; or
+ The Department of Commerce (DC).
+
+These entities must rely upon the Federal Government to verify an employee’s employment eligibility and may not
+independently make a final determination as to whether an employee is an unauthorized alien.8
+
+An employer that uses the E-Verify system or, if that system is unavailable, the Form I-9, with respect to the
+employment of an unauthorized alien has established a rebuttable presumption and an affirmative defense that the
+employer has not violated the state prohibition on hiring unauthorized aliens,9 with respect to such employment.10
+
+The DC is responsible for the administration of compliance requirements, as follows:11
+ If it determines that an employer failed to use the E-Verify system, the DC is required to:
+o Notify the employer of its determination; and
+
+2 S. 448.095(2)(a) and (b), F.S.
+3 S. 448.095(2)(b)3., F.S.
+4 S. 448.095(2)(c), F.S.
+5 S. 448.095(2)(d), F.S.
+6 S. 448.095(2)(e), F.S.
+7 S. 448.095(3)(a), F.S.
+8 S. 448.095(3)(b), F.S.
+9 S. 448.09, F.S.
+10 S. 448.095(4)(a), F.S.
+11 S. 448.095(6), F.S.
+HB 197
+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
+ 3
+o Provide the employer with 30 days to cure the noncompliance.
+ If the DC determines that an employer failed to use the E-Verify system as required three times in any 24-
+month period, it must impose a fine of $1,000 per day until the employer provides proof of compliance.
+ Noncompliance constitutes grounds for the suspension of all licenses issued by a licensing agency subject
+to chapter 120, F.S., until the noncompliance is cured.
+ Fines must be deposited into the State Economic Enhancement and Development Trust Fund for use by the
+DC for employer outreach and public notice of the state’s employment verification laws.
+
+E-Verify Federal Law
+To use the E-Verify system, an employer must open a “case” for the employee on the system and enter basic
+information from the employee’s Form I-9 (name, address, SSN) into the case.12 Then, the system checks the
+submitted information to records that are available to the U.S. Department of Homeland Security (DHS) and the
+U.S. Social Security Administration (SSA), and issues one of the following possible results to the employer:13
+ Employment Authorized - The employee’s information matched records available to the DHS and/or SSA.
+ E-Verify Needs More Time - This case was referred to the DHS for further verification.
+ Tentative Non-confirmation (Mismatch) - Information did not match records available to the DHS
+and/or SSA. Additional action is required.
+ Case in Continuance - The employee has contacted the DHS or visited an SSA field office, but more time is
+needed to determine a final case result.
+ Close Case and Resubmit – The DHS or SSA requires that the employer to close the case and create a new
+case for the employee. This result may be issued when the employee’s United States passport, passport
+card, or driver’s license information is incorrect.
+ Final Non-confirmation - E-Verify cannot confirm the employee’s employment eligibility after the
+employee contacted the DHS or SSA, the time for resolving the case expired, or the DHS closed the case
+without confirming the employee’s employment eligibility for some other reason.
+
+If the result is Tentative Non-confirmation, then the employer must notify the employee, who must take further
+action to verify his or her eligibility. If the result is E-Verify Needs More Time or Case in Continuance, then the E-
+Verify system needs more time to process the case.14
+
+E-Verify Defenses for Employers
+The Immigration Reform and Control Act (IRCA) provides sanctions to be imposed on employers who knowingly
+employ aliens who are not authorized to work.15 Federal law contains no criminal sanction for working without
+authorization, although document fraud is a civil violation.16 The United States Citizenship and Immigration
+Services (USCIS) enforces these provisions.17
+
+According to the Immigration and Nationality Act (INA), an employer using E-Verify or the Form I-9, establishing
+good faith compliance with the law, has established an affirmative defense and a rebuttable presumption that the
+person or entity has not violated the federal law with respect to such hiring, recruiting, or referring.18,19
+
+12 E-Verify, Verification Process, for details on how the system works, https://www.e-verify.gov/employers/verification-process (last
+visited Oct. 23, 2025). Before using E-Verify, an employer must enroll and sign a Memorandum of Understanding that provides the
+terms of agreement between the employer and the DHS. See E-Verify, The E-Verify Memorandum of Understanding for Employers,
+https://www.e-verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last visited Oct. 23, 2025).
+13 Id.
+14 Id.
+15 8 U.S.C. s. 1324a(a)(1)-(2).
+16 8 U.S.C. s. 1324c.
+17 8 U.S.C. s. 1324a.
+18 8 U.S.C. s. 1324a(a)(3) and (b)(6).
+19 8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation.
+HB 197
+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
+ 4
+RECENT LEGISLATION:
+
+YEAR BILL #  HOUSE/SENATE
+SPONSOR(S)
+OTHER INFORMATION
+2025 HB 955 Jacques, Michael
+
+The bill passed the House, but
+died in the Senate.
+2023 CS/HB 1617  Michael, Jacques
+
+The bill became effective July
+1, 2023, except as otherwise
+provided
+
+U.S. Department of Homeland Security, E-Verify
+
+Florida Department of Commerce, E-Verify Compliance
+BILL HISTORY
+COMMITTEE REFERENCE ACTION DATE
+STAFF
+DIRECTOR/
+POLICY CHIEF
+ANALYSIS
+PREPARED BY
+Industries & Professional Activities
+Subcommittee
+12 Y, 4 N 11/5/2025 Anstead Bunnell
+Commerce Committee