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HIGHLIGHTS AND FREQUENTLY ASKED QUESTIONS ABOUT SB 1718
On May 9 , 2023, Florida Governor Ron DeSantis signed Senate Bill 1718 into law. SB 1718 which takes effect on July 1, 2023, amends various Florida statutes to address provisions related to individuals who may be unauthorized aliens and are present in the State of Florida. The new law:
- Requires private employers with 25 or more employees to use the E-Verify system for new employees. The law does not require employers to verify the employment eligibility of those employed prior to July 1, 2023.
- Creates penalties for employers who knowingly employ unauthorized aliens.
- Creates a third-degree felony when an alien who is unauthorized to work, knowingly uses a false identification document or fraudulently uses an identification document of another person to obtain employment. A third degree felony is punishable by up to 5 years in prison and a $5,000 fine.
- Creates a third-degree felony when a person knowingly and willfully transports into the State of Florida an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry into the United States.
- Prohibits a county or municipality from providing funds to any person entity or organization for the purpose of providing an identification card or other document to an individual who does not provide proof of lawful presence in the United States.
- Prohibits a person from operating a motor vehicle in the State of Florida if his or her driver’s license was issued by another state which provides a license to undocumented immigrants unable to prove lawful presence in the United States when their license was issued.
- Requires hospitals that accept Medicaid to inquire on their admission or registration forms whether the patient is a U.S. citizen, is lawfully present or not lawfully present in the United States.
- Appropriates $12 million to allow the Division of Emergency Management Services to transport aliens to other states so they do not settle in Florida.
When does the law take effect?
The law takes effect on July 1, 2023.
I am unlawfully present in the United States. Does this mean I can’t go to the hospital if I am ill or injured? Will the hospital report me to Immigration and Custom’s Enforcement (ICE)?
You can and should go to the hospital if you need treatment. SB 1718 directs the Agency for Healthcare Administration (AHCA) to determine the amount of state and local funds spent on health care, including emergency care, for unlawfully present aliens each fiscal year. To facilitate this, SB 1718 requires hospitals as part of their intake process to ask all patients if they are lawfully present in the United States. The hospital cannot deny stabilizing treatment because of your immigration status and does not report you or your immigration status to ICE even if you are unlawfully in the United States.
Is my employer required to use E-Verify to verify my employment eligibility?
Beginning July 1, 2023, private employers with 25 or more employees must use E-Verify to verify the employment eligibility of new employees. Employees employed prior to July 1, 2023 need not be verified. Employers with less than 25 employees are not subject to this requirement.
An “employee” must be filing a permanent position. Individuals employed for “casual labor” which is to be performed within a private residence and independent contractors as defined by federal law or regulation are not considered to be employees.
Public employers and their contractors (and subcontractors thereof) are required to register and use E-Verify to verify the work authorization of all newly hired employees. Subcontractors who contract with contractors must provide an affidavit to the contractor stating that they do not employ, contract with, or subcontract with unauthorized aliens.
I am an employer with more than 25 or more employees. What if I don’t use E-Verify?
Beginning July 1, 2024 if a private employer fails to use E-Verify the Department of Economic Opportunity (DEO) must notify an employer of noncompliance and provide a 30-day cure period. If an employer fails to use the E-Verify system as required three times within any 24-month period, the DEO must impose a fine of $1,000 per day until the employer provides proof that the noncompliance has been cured. There are also additional penalties including suspension of licenses.
I used fraudulent documents or someone else’s documents to verify my employment eligibility with my employer. How does this affect me?
Using fraudulent or another person’s documents to establish employment eligibility is unlawful under Federal law. Effective July 1, 2023, SB 1718 makes it a third degree felony under Florida law to knowingly use a false identification document or fraudulently use an identification document of another person for the purpose of obtaining employment.
I am driving my car into the State of Florida with someone who entered the United States without being inspected by an immigration officer. Am I subject to arrest or other penalty?
The law provides that a person commits a third degree felony if he or she knowingly and willfully transports into the State of Florida an individual whom the person knows or reasonably should know entered the United States in violation of law and has not been inspected by a Federal immigration officer.
The law provides for a separate offense for each individual the person transports into the state. Additionally, if the non-citizen is a minor or the person commits five or more separate offenses in a single episode or was previously convicted under this provision, the penalty is increased to a second degree felony punishable by up to 15 years in prison and a $10,000 fine.
Notably, this provision only 1) includes noncitizens who entered the U.S. without being inspected by an immigration officer; and 2) are being transported into the State of Florida. It does not include noncitizens who were paroled or lawfully admitted into the country and failed to maintain lawful immigration status or non-citizens who entered without being inspected and are already present in the state.
I have a driver’s license that was issued by a state that offers licenses to undocumented immigrants. Is my license still valid in the State of Florida?
Federal law requires states to issue drivers licenses which satisfy the requirements of the REAL ID Act of 2005. In order to obtain a REAL ID complaint license, an applicant must provide acceptable proof of identification such as a U.S. birth certificate, a valid unexpired passport or passport card, a Certificate of Naturalization, unexpired Permanent Resident Card, or a valid Employment Authorization Document and proof of lawful presence in the United States to qualify for a driver’s license.
Currently, 18 states and the District of Colombia have enacted laws to allow undocumented immigrants to obtain non REAL ID compliant driver’s license. These states – California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia and Washington – issue a license (or a ”driving privilege card”) if an applicant provides certain documentation such as a foreign birth certificate, foreign passport, or consular card and evidence of current residency in the state. Proof of lawful presence in the United States is not required. The stated purpose of these laws is to encourage otherwise unlicensed drivers to pass driver’s license testing and obtain vehicle insurance.
Effective July 1, 2023, Florida law prohibits a person from operating a motor vehicle in the State of Florida if he or she has been issued a driver’s license by another state which provides a non-compliant license to undocumented immigrants and who were unable to prove lawful presence in the United States when their license was issued. A law enforcement officer who stops a person driving with an invalid license as described above is required to issue a citation to the driver for driving without a license, a second degree misdemeanor, punishable by up to 60 days imprisonment and fine of up to $500.
I have an undocumented family member or friend. Am I committing a crime by living with or transporting them?
The law does not criminalize:
- Living with, sheltering, or renting space to family, friends, or other individuals who are undocumented noncitizens.
- Concealing, harboring, or shielding from detection undocumented noncitizens.
- Transporting undocumented noncitizens within the State of Florida.
The Devore Law Group will continue to monitor the implementation of SB 1718 and communicate further information as it becomes available. We anticipate lawsuits challenging the validity of SB 1718 will be filed and that certain provisions of the law may be enjoined from taking effect. Please check devorelawgroup.com and follow us on Facebook and Twitter for the latest updates. Our team is here to help you. If you have any questions, please call us at (561) 478-5353.
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