Current Florida law requires private employers with 25 or more employees to use E-Verify – the federally sponsored electronic platform used to confirm whether newly hired employees are authorized to work in the United States – for new hires and to retain documentation accordingly. In early 2026, Florida’s House of Representatives advanced House Bill 197 to the Florida Senate, which would expand that mandate to all private employers regardless of size.
Key Provisions of HB 197 (2026)
Universal E-Verify Requirement. Under current law, only private employers with 25 or more employees must enroll in and use E-Verify. HB 197 would require every private employer, including those with less than 25 employees, to use the E-Verify system to verify new employee eligibility beginning July 1, 2026.
Compliance Timeline. If enacted in its current form, the mandate would become effective July 1, 2026, giving employers time to register with the E-Verify system, establish appropriate procedures, and train staff. There is no indication that this bill will require retroactive reinforcement, meaning existing employees will not need to be run through the E-Verify system.
Penalties. Although HB 197’s current text primarily focuses on expanding the population of covered employers, businesses that fail to comply would likely be subject to the same penalties already in effect. These penalties include:
- •Civil penalties, including fines (currently up to $1,000 per day after repeat violations under existing law);
- •Increased audit exposure by agencies like the Florida Department of Law Enforcement (FDLE) or Department of Commerce; and
- •Requirements to remediate past non-compliance.
Increased Administrative Burden. Even though E-Verify itself is free, smaller businesses without dedicated HR resources may face added administrative complexity and time costs.
Current Legislative Status. As of early February 2026:
- •HB 197 has been received in the Florida Senate and is under committee review.
- •The bill’s progress will depend on further committee action and a vote in the Senate chambers before the 2026 legislative session concludes.
Action Items for Businesses
- •Assess Your Current Compliance: Even under existing law, employers with 25+ employees must use E-Verify for new hires. Smaller employers should review whether their current hiring practices include compliant verification steps.
- •Plan for Possible Universal Enrollment: If your business currently does not use E-Verify, consider pre-enrolling or preparing internal processes so that you can seamlessly comply should the law change.
- •We will keep you informed if this HB 197 is approved by the Florida Senate and enacted into law.
Sarah Bachich, Frank Sardinha, and Bruce Loren of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law, employment law, and complex commercial litigation. Mrs. Bachich focuses her practice in employment law. Mr. Sardinha focuses his practice in high-stakes business disputes and employment law. Mr. Loren has achieved the title of “Certified in Construction Law” by the Florida Bar, exemplifying the Bar’s recognition of this expertise. Mr. Loren, Mr. Sardinha, and Mrs. Bachich can be reached at bloren@lorenkeanlaw.com fsardinha@lorenkeanlaw.com or sbachich@lorenkeanlaw.com or 561-615-5701.
