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.
Receiving a two-year green card through marriage is an important step, but it leaves another process ahead: removing the conditions on permanent residence. For couples preparing a joint Form I-751 petition, understanding the filing window and organizing evidence early can make the preparation more manageable. The starting point is your own record. Locate the green card, the notice granting residence, and copies of the earlier immigration filing. Check the date conditional residence began and the card’s expiration date. Do not calculate the next deadline solely from your wedding anniversary or the date an attorney first submitted your case. Understand the joint filing window Under 8 CFR 216.4 , a joint I-751 petition generally must be filed during the 90-day period immediately before the second anniversary of obtaining conditional permanent residence. This is a window before that anniversary, not an additional 90 days after the card expires. Preparing early and filing early are different things. You can begin gathering records well before the window opens, while coordinating the correct submission date with your attorney. A joint petition also requires the appropriate signatures, fee, and supporting documentation. Confirm the current form instructions, accepted filing method, and applicable fee when the case is ready to submit. Build a record of the marriage over time The regulation identifies several types of evidence that may help show the marriage was not entered into to evade immigration law: jointly owned property, a lease for a shared home, combined financial resources, children’s birth certificates, and statements from people with personal knowledge of the relationship. These examples do not mean every couple must have a mortgage, joint accounts, or children. The evidence should accurately reflect your circumstances. A clear explanation of how you manage your household can be more useful than forcing your relationship into a checklist that does not fit. As a practical preparation step, organize records by date and type. Review whether they help explain the course of the marriage, rather than collecting only documents created shortly before filing. Flag separate addresses, name changes, or gaps in the records for your attorney. Never alter a document to make the history appear simpler. Tell your attorney if circumstances change This article addresses joint filing. Divorce, the death of a spouse, abuse, or other significant changes may require a different filing basis or an individualized assessment. Separate waiver provisions exist, with their own requirements. A spouse’s unwillingness to sign does not, by itself, establish eligibility for every waiver. Do not assume that the joint 90-day window answers every question about a non-joint case. If the relationship changes while preparing the petition or while it is pending, inform counsel promptly. You should not need to invent a continuing relationship to seek advice about the options that may actually apply. Keep tracking the case after submission The regulation provides that conditional resident status is automatically extended, when necessary, upon receipt of a properly filed I-751 until adjudication. Proof of that status is a separate practical matter: keep the receipt notice and have counsel review its wording before relying on it for travel or employment documentation. This article does not promise a particular receipt-extension period or processing time. A missed deadline calls for prompt legal attention. The regulation allows some late joint filings where USCIS accepts a written showing of good cause, but acceptance is not automatic. Do not assume a late petition cures the problem without further review. Santos Lloyd Law Firm, P.C. can help you assess the filing window, organize relevant evidence, and identify changes that may affect your I-751 strategy. Contact the firm early enough to review the facts before the deadline approaches.
October begins a new federal fiscal year, but that does not mean every green card applicant moves to the front of the line. The Department of State’s October 2026 Visa Bulletin sets out the visa availability that applicants in family-sponsored and employment-based preference categories need to review this month.
Santos Lloyd Law Firm takes great pride in announcing that Partner Flavia Santos Lloyd has been invited to join the Fellows of the American Bar Foundation. As a highly selective global network, the organization recognizes legal professionals across both the public and private sectors who embody the absolute highest standards of the practice. Admission to this distinguished group highlights Flavia’s outstanding legal career, professional integrity, and deep impact on the legal community. Our team celebrates Flavia on this well-deserved recognition!
