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.
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