By: Bruce E. Buchanan, Sebelist Buchanan Law

Gov. DeSantis signed Executive Order stating:
I request that the Commissioner of the Florida Department of Law Enforcement, in consultation with the Attorney General, conduct regular audits of companies doing business in the State of Florida, consistent with available appropriations, to ensure compliance with Section 448.095(3), Florida Statutes, which requires private employers to verify the employment eligibility of new employees. The Commissioner should prioritize audits of publicly traded corporations or companies with more than 200 employees that operate in sectors of the economy known for employing illegal aliens.”

As one may recall, two years ago, the Florida legislature was unwilling to pass a mandatory E-Verify law. However, the legislature passed a law requiring all public employers, such as local school districts, public universities, state agencies, and their private contractors, to use E-Verify. Private employers are not mandated to use the system unless they have a contract with a public employer or apply for taxpayer-funded incentives through the state Department of Economic Opportunity. But this Executive Order sounds a lot like E-Verify.

Under the Order, private businesses that do not use E-Verify will be required to keep a three-year record of employees’ documents used to complete I-9 forms. However, this is already required under federal law, Immigration Reform and Control Act (IRCA).

If you want to know more information on issues related to employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at