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Small Business

Navigating Florida’s New Employee Verification Regulations: A Comprehensive Guide

October 25th, 2023

In the ever-changing landscape of Florida’s employment regulations, businesses must stay ahead of the curve. Starting in Q3 of 2023, Florida has rolled out additional requirements for companies employing staff. These changes do not impact businesses hiring only independent contractors or domestic help. However, understanding these new regulations is imperative for companies with employees on their payroll.

Key Changes in the Regulations

The primary change mandates that companies with over 25 employees or government entities must utilize the Federal e-Verify system for employee verification within a calendar year. The only exception arises iif the e-Verify system is unavailable for more than three days. In such cases, companies still need to obtain an I-9 form. For companies with fewer than 25 employees in a calendar year, the e-Verify system is optional. However, maintaining and storing I-9 forms is still required.

Navigating the I-9 Process

Completing the I-9 form remains a fundamental aspect of the employment verification process. This federal document is straightforward for employees to fill out and requires a complete copy to be retained by the company.

Understanding the Federal e-Verify System

The Federal e-Verify system, on the other hand, presents a slightly more complex procedure. Companies must register on the website and transmit employee information to the government. Once verification information is received, the employer must add the confirmation data to FL RT-6 return to confirm usage of the e-Verify system.

Reporting Verification Information

The employer should include the verification details in the RT-6 return for the quarter when the company exceeds the 25-employee threshold. Alternatively, if a company has over 25 employees and maintains this count, the employer should file this information with the first return of the new calendar year. For example, if your employee count surpasses 25 in 2024, the verification must be included in your 2023 Q4 return, as it is the first return for the new calendar year.

Avoiding Penalties and Ensuring Compliance

The penalties for not verifying aren’t well-defined, but you won’t want to take any chances. You can e-file the FL RT-6 form through our user-friendly website, www.eSmartPayroll.com.

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