(FLORIDA) — Florida House lawmakers passed HB 197 on Thursday, voting to require all private employers—regardless of size—to use the federal E-Verify system to verify new employees’ employment eligibility.
The bill cleared the Republican-controlled Florida House 80-37 in a vote that was nearly straight along party lines.
Two Democrats, Rep. Jose Alvarez (D-Kissimmee) and Rep. Mitch Rosenwald (D-Oakland Park), joined Republicans in support, while two Republicans, Rep. J.J. Grow (R-Inverness) and Rep. Susan Plasencia (R-Orlando), opposed it.
HB 197 is sponsored by Rep. Berny Jacques (R-Seminole) and Rep. Kiyan Michael (R-Jacksonville), and it would expand Florida’s existing E-Verify framework laid out in Florida Statutes §448.095.
Florida law since July 1, 2023, has mandated E-Verify for private employers with 25 or more employees, as well as all public employers, contractors, and subcontractors on public contracts. HB 197 would remove the size threshold and extend the requirement across all private employers for new hires.
Support and opposition
Supporters have framed the measure as a way to tighten compliance among employers. Jacques argued the bill “will expose a lot of law-breakers that are harming Floridians,” during House debate.
Democrats who opposed the bill pointed to business impacts. Rep. Yvonne Hinson (D-Gainesville) cited burdens on small businesses.
Scope and key provisions
E-Verify, as described in the bill debate and provisions, is used by employers to verify new employees’ employment eligibility.
Under the measure, the verification obligation is tied to new hiring, not to independent contractors and not to employees hired before an employer enrolls in the system.
For businesses that already follow Florida’s existing threshold-based rules, the practical change under HB 197 would be scope, not concept. The duties now limited to many larger private employers would apply to every private employer for each new employee.
The bill would mandate verification within three business days of a new hire’s start date. The timing window ties E-Verify directly to onboarding workflows, especially for employers that hire quickly and process paperwork after an employee begins work.
The measure also includes a record retention requirement. Employers would have to retain records for at least three years.
Beyond the initial check and documentation, HB 197 also ties employer compliance to an annual step. It calls for annual certification on the first reemployment tax return.
If enacted, the new universal requirement would take effect July 1, 2026.
Operational impacts for employers
Businesses that have never had to use E-Verify because of the 25-employee threshold would need to adjust their hiring routines. Enrollment in E-Verify becomes the first operational step, because employers must be enrolled before they can verify new hires.
After enrollment, employers would need to ensure that each new employee is verified on the required timetable. The bill’s scope is limited to new employees, and it does not apply to independent contractors or pre-enrollment employees.
That distinction could shape how employers structure work, particularly in sectors that mix employees and independent contractors, though the bill language as summarized in the House materials draws a clear line between the categories.
Recordkeeping would become a central compliance task for smaller employers newly covered by HB 197. Retaining records for at least three years introduces an ongoing administrative obligation, especially for businesses with high turnover.
Even for larger employers already using E-Verify under current Florida law, the retention and verification windows create a compliance calendar that has to be met consistently. The three-business-day window is short, and a missed step could accumulate risk over time.
Annual certification on the first reemployment tax return adds another compliance moment that would have to be built into payroll or tax workflows. That mechanism would apply across all private employers, rather than only those at or above the 25-employee threshold.
Enforcement and penalties
Florida’s existing enforcement framework already includes penalties tied to E-Verify compliance, and the state agency role is established in law. Under current law, penalties for covered employers began July 1, 2024, and enforcement is handled by the Department of Commerce, formerly Economic Opportunity.
HB 197’s enforcement risk is framed around repeat violations. For non-compliance three times in 24 months, the penalty described includes $1,000 daily fines until the violation is cured.
The same three-violations-in-24-months trigger can also carry licensing consequences. The bill outlines potential suspension or revocation of licenses, with the duration based on unauthorized workers employed.
Those provisions can matter for employers because they tie the E-Verify requirement to the ability to keep operating, not simply to a one-time fine. The daily fine structure is also designed to continue until the employer cures the violation.
Legislative progress and timeline
The House action also continues an effort the chamber has pursued before. This marks the second consecutive year the House passed such a universal mandate.
As of January 18, 2026, HB 197 has already moved through multiple House committees. It received a favorable vote from the Industries & Professional Activities Subcommittee, 12-4 on November 5, 2025.
The bill later cleared the Commerce Committee 16-5 on December 11, 2025. On the same day, it was reported out to the House calendar.
A companion measure is also moving on the Senate side, though it has not reached the floor. Senate Bill 1278 (SB 1278), an identical bill by Sen. Jonathan Martin (R-Fort Myers), was filed on January 6, 2026.
Senate leaders referred SB 1278 to the Commerce and Tourism, Appropriations, and Rules committees on January 12, 2026. No Senate floor action on SB 1278 or final enactment of HB 197 has occurred yet.
Another Senate proposal, SB 1542 by Sen. Pizzo, also proposes universal E-Verify and remains at the filing stage as of January 9, 2026.
Political context and implications
The House vote offers clues about political momentum. While support was mostly Republican, the vote was not entirely party-line, given that Alvarez and Rosenwald voted yes and Grow and Plasencia voted no.
Opponents in the House highlighted business concerns. Hinson’s argument about burdens on small businesses reflects a pressure point that could shape how the bill is debated as it advances, including whether lawmakers seek adjustments to enforcement language.
The legislative path ahead runs through the Senate, where SB 1278 has been referred to three committees. Even without floor action yet, the committee pathway can determine how quickly a bill is considered and whether changes are made before any final vote.
If enacted, Florida would become the first state requiring E-Verify for all private employers, according to the bill summary. The reach of a universal private-employer mandate is broader than Florida’s current approach, which uses an employee-count threshold for private employers while also covering public employers and certain public contractors.
What it would mean for job seekers and industries
The practical effect for job seekers is that more private employers would be required to run E-Verify checks for new hires, because the bill would apply regardless of employer size. The bill’s provisions focus on eligibility verification at hiring, not on existing staff.
For industries that rely on rapid hiring and high volume, the timeline and record retention rules could become central compliance concerns. Employers would need to verify new hires quickly, keep documentation for at least three years, and complete annual certification tied to the first reemployment tax return.
For employers that already comply with Florida’s current system, HB 197 would expand coverage beyond the existing threshold-based mandate.
Those seeking a refresher on how Florida has already moved in this direction can compare it with Florida expands E-Verify efforts described in earlier coverage.
The House’s action comes as Florida lawmakers consider multiple approaches to employer accountability around unauthorized employment. The broader debate has included proposals that raise the stakes for businesses, including enforcement mechanisms and penalties, similar to the issues discussed in coverage of employer penalty proposals.
For businesses that want to prepare while HB 197 remains pending, the bill’s core operational expectations are already spelled out: enroll, verify new hires within three business days of the start date, keep records for at least three years, and complete annual certification on the first reemployment tax return.
Employers can also examine how E-Verify timing pressures have been handled in other contexts, including the onboarding questions raised in (https://www.visaverge.com/documentation/post-shutdown-onboarding-and-e-verify-timelines-through-oct-14-2025/).
Employers that are new to verification systems often start by mapping the hiring process from offer to first day, then assigning responsibility for the three-business-day verification window. Record retention requires a filing practice that can be maintained for at least three years, and annual certification ties the system to reemployment tax filings.
Because penalties can escalate after repeat noncompliance—three times in 24 months—businesses that fall under a universal mandate would face a high premium on consistency. A lapse that repeats could bring daily fines and potentially licensing consequences, depending on unauthorized workers employed.
Next steps and what to watch
Workers and advocates monitoring the measure have several places to watch. HB 197’s House action has occurred, but Senate movement will determine whether a universal mandate becomes law, alongside competing Senate proposals such as SB 1542.
The debate is not unique to Florida, and similar bills elsewhere have mixed employer mandates with employee protections, as reflected in coverage of employee protections.
In Florida, the immediate question remains whether the Senate advances SB 1278 or pursues an alternative approach, while the House positions HB 197 as a statewide requirement for every private employer’s new hires starting July 1, 2026.
Florida House Passes HB 197 Requiring E-Verify for All Private Employers
Florida lawmakers are advancing HB 197 to make E-Verify mandatory for all private employers, regardless of size. The bill passed the House 80-37 and now moves to the Senate. It requires verification of new hires within three business days and three-year record retention. Non-compliance could lead to $1,000 daily fines and license suspension. If signed, Florida would be the first state with such a universal private-sector mandate.
