CS/CS/SB 664 (Lee) requires public employers that enter into contracts in excess of $35,000 to register with and use an employment verification system to validate the work authorization status of all new employees and identify whether an employee is an unauthorized alien. Additionally, certain contractors and subcontractors who have entered into, or are attempting to enter into, a contract with a public employer must register with and use E-Verify or some other similar employment verification system. Only those contractors or subcontractors that have more than 10 employees in Florida and that have contracts with a public employer that are valued in excess of $35,000 are required to comply with these requirements. These requirements take effect for public employers and their contractors and subcontractors on July 1, 2021. CS/CS/SB 664 also requires specific private employers to register with and use the E-Verify system or an alternative verification system to verify the employment eligibility of new employees. The requirement that private employers use an employment verification system will generally apply to employers that have 20 or more Florida employees once it has been phased in on a specified schedule. 

CS/HB 1265 (Byrd) was amended to reflect many of the components in CS/CS/SB 664. The bill requires all public employers to register and use the E-Verify system for all employees beginning January 1, 2021. The bill also applies to public contractors and subcontractors regardless of the amount of the contract or their number of employees. The bill directs public employers who believe that a contractor has knowingly violated the E-Verify requirement to terminate the contract, the bill also specifies that this termination would not be a breach of contract. Contractors who have their public contract terminated in this manner would not be eligible for another contract for at least one year. CS/HB 1265 also applies to private employers, requiring them to use the E-Verify system for all employees or contract employees hired after January 1, 2021. The bill also gives private employers the option to verify a person’s eligibility using the Employment Eligibility Verification Form (I-9). (Hughes)