New Florida Bill – FL 1718
Denice Flores • August 24, 2023
Governor Ron DeSantis from the State of Florida signed a new bill into law which will take effect July 1, 2023.
FL 1718 is a law
that will affect all Florida residents, not just undocumented immigrants. The new law will restrict the ability of undocumented individuals to live and work in the state of Florida.
In short, FL 1718 will:
- Criminalize the act of transporting an undocumented individual into Florida.
- Require hospitals to collect immigration status information from patients.
- Require Florida employers to document employment verification procedures for state law purposes, mandates E-Verify participation for most Florida employers and creates separate penalties for violations.
- Restrict access to Florida driver’s and professional licenses.
- Empower the state of Florida to participate in the enforcement of federal immigration laws.
FL 1718 will make it a felony crime for a person to knowingly and willfully transport another person, including a minor, who entered the United States in violation of the law and who was not inspected by immigration authorities since entering the U.S., into the state of Florida. FL 1718 will not criminalize living with, sheltering, renting, or transporting undocumented persons within the state of Florida.
FL 1718 will require hospitals that accept Medicaid to ask on patient admission forms, the legal status of the patient. This means that the form will ask whether the patient is a U.S. citizen, lawful permanent resident, or undocumented. The forms must include an option where the patient can choose to decline to answer.
FL 1718 will make it a state crime to knowingly employ, hire, recruit, or refer, either for themselves or on behalf of another, for private or public employment a foreign national who is not authorized to work in the U.S. An employer will also be prohibited from employing an undocumented worker after obtaining knowledge that an individual is or has become undocumented. Violations can result in revocation of an employer’s state business license and fines.
The bill will also provide criminal penalties for an undocumented and unauthorized individual who uses false identification documents or who uses another person’s identification documents to work.
Employers with 25 or more employees will be required to use E-Verify for all new employees and employers must retain a copy of documentation provided for E-Verify. Employers will be required to verify each new employee’s employment eligibility within 3 business days after the first workday of the new employee. Employers will also be required to keep verification from E-Verify for the last 3 years for employees.
To enforce the new E-Verify requirements, starting July 1, 2024, state law enforcement will be authorized to perform random audits of businesses and can request copies of documentation from the employer to verify employees’ employment. Penalties may be imposed for non-compliance.
FL 1718 will prohibit counties and municipalities from funding the issuance of identification documents to a person who does not provide proof of lawful presence in the U.S. Note, documents may be issued but not government funding will not be permitted.
Driver’s licenses issued by other states to individuals who cannot provide proof of lawful presence will not be valid in the state of Florida. State law enforcement must cite any person driving with such a license.
Other impacts that this new law will have are that effective November 1, 2028, there will be restrictions for DACA recipients and other undocumented individuals to be admitted to the Florida Bar; state law enforcement who have “custody of a person because of the “issuance of an immigration detainer by a federal immigration agency”‘ will be required to take DNA samples from the person; the law will prohibit a state or local governmental entity, or law enforcement agency from restricting a law enforcement agency from sending employment eligibility information to a federal immigration agency.
It is important to be informed about this new law that takes effect July 1, 2023. If you believe you may be affected by this law you should speak to an attorney.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.
The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for nationals from Honduras, Nicaragua, Nepal, Haiti, and Cameroon. These longstanding protections are set to expire, putting many individuals at risk of deportation.
For individuals applying under the O-1A or EB-1A categories , both reserved for professionals with extraordinary ability, letters of recommendation are a critical part of the petition. These expert testimonial letters offer valuable insight into your accomplishments, reputation, and influence within your field. When written properly, they help demonstrate that you truly stand out as someone who has risen to the very top of your profession. Many petitions submitted by highly accomplished individuals fall short because the recommendation letters are vague, overly personal, or fail to clearly explain why the applicant meets the legal standard of extraordinary ability. That is why taking the time to prepare your recommenders effectively is not just helpful. It is essential to build a strong and persuasive case. First, it is important to help your recommenders understand the purpose of the letter . This is not a casual reference or character recommendation. It is a formal declaration to U.S. Citizenship and Immigration Services that you possess extraordinary ability in your area of expertise. The letter must describe your achievements in concrete terms and explain why your work has had a significant impact and recognition within your field. Many professionals, no matter how accomplished, are unfamiliar with the specific requirements of the O-1A and EB-1A categories. It is helpful to provide them with a short explanation of what is needed, and in some cases, a sample or outline to guide them. Selecting the right recommenders is just as critical as the content of the letters themselves. While USCIS gives greater weight to letters from independent experts, independence should not be confused with distance. The ideal recommender is someone who knows your work well and can provide specific and credible insight into your contributions, impact, and reputation in the field. A letter from someone who barely knows you, or one that focuses more on the recommender’s own accomplishments than yours, is unlikely to carry much weight with USCIS. A common mistake is submitting letters that read more like summaries of the recommender’s resume than a meaningful evaluation of your achievements. While a brief introduction of the recommender’s qualifications is important to establish credibility, the focus must remain squarely on you , your work, your innovation, and the ways in which your impact is considered extraordinary. The strongest letters go beyond general praise. They include clear and detailed examples of how your contributions have influenced others in your field or led to measurable outcomes. To make the letter as accurate and persuasive as possible, you should provide your recommenders with a summary of your most important professional milestones. This might include major awards, media coverage, patents, publications, notable leadership roles, or metrics showing the commercial or scientific success of your work. Well-prepared recommendation letters serve as both evidence and narrative. They help fulfill specific legal requirements and also tell the story of how and why your work has earned you distinction. In a category defined by terms like extraordinary ability, it is important that every part of your petition reinforces that standard. At Santos Lloyd Law Firm, we work closely with our clients and their recommenders to develop strong and compelling testimonial letters that meet USCIS expectations and highlight each applicant’s unique contributions.
